Note: Most of the links below are to the relevant articles of the 1996-1999 Collective Agreement. The exceptions are largely to (or within) the new Schedules A and AA, attached at the end of this memorandum.


MEMORANDUM OF SETTLEMENT FOR A RENEWAL COLLECTIVE AGREEMENT

BETWEEN

THE BOARD OF GOVERNORS ON BEHALF OF TRENT UNIVERSITY
(THE "BOARD")

- AND -

THE TRENT UNIVERSITY FACULTY ASSOCIATION
(THE "ASSOCIATION")

1.) The members of the parties' respective negotiating committees hereby agree unanimously to recommend to their principals for ratification a renewal collective agreement on the terms set out herein.

2.) The term of the collective agreement will be from the date of ratification by both parties to June 30, 2002.

3.) The provisions of the renewal collective agreement will have no retroactive effect prior to the date of ratification unless set out herein.

4.) The provisions of the renewal collective agreement shall include all provisions of the predecessor collective agreement, including Appendices and Schedules therein, except as modified below. The final form of the renewal collective agreement will be subject to a housekeeping review for numerical consistency and accuracy in cross-referencing. Any disagreement arising out of such housekeeping review may be referred by either party to arbitration.

(a) Article I.1 - Definitions

(b) Article II.1 - Duration of Agreement

(c) Article III.3.3.2

Revise existing Article to read as follows:

(c-1) Article III.3.6 - Externally-Funded, Non-Competitive Academic Appointments

Externally-funded, non-competitive academic appointments are subject to the following conditions:

III.3.6.1 The appointee will be a member of the bargaining unit.

III.3.6.2 The appointment procedures under III.5.3 and III.5.4 are waived.

III.3.6.3. Because candidates for such positions are not subject to the usual competitive comparison procedures, COAP must be satisfied that the candidates are competitive. Such competitiveness shall be based on usual evidence of qualifications plus the selection procedure used to determine the candidate to be appointed.

III.3.6.4 The appointment may be with tenure, subject to the provisions of III.6.2.1

III.3.6.5 The appointee shall be placed at a salary step determined by the Dean and consistent with the provisions of this Agreement.

III.3.6.6 The duties of the appointee may be modified by the Dean in accordance with the requirements of the funding agency. Any such modifications will be reported to the Joint Committee.

III.3.6.7 Where an appointment involves special commitments in relation to capital costs and/or special support for teaching, research or administration, the University will notify the Association of such commitments.

(d) Articles III.4.2.3.1 and .2 and .3

(e) Article III.5.3.1

(f) Article III.5.3.4

(g) Article III.5.3.3 - Academic Component of Academic/Administrative Appointments

(h) Article III.5.4 - amend "gender" to "sex".

(i) Article III.5.6 - New Appointments

(j) Article III.6.2.2 and .3

(k) Article III.6.3.2

(l) Article III.6.3.4

(m) Article III.6.4.1 i

(n) Article III.6.4.2 - Criteria

(o) Article III.7.3.5

(p) Article III.8.1.1 to .3 - Promotion

(p1) Article III.8.1.3

(q) Article III.8.4.3

(r) Article III.9.1.2(a) (iii) - In second line, upper case for "Department/Program"

(s) Article III.9.2.1 - Merit Awards

(t) Article III.11.3

(t1) Article III.11.4

(u) Articles III.12.1, .1(a) i, and .1(c)

(v) Article III.12.3.2 (vii)

(w) Article III.13.2, .3 (revise fourth sentence), and .4 (second sentence)

(x) Article IV.1.3

(y) Article IV.2.1.1.1 - Allocation of Teaching and Departmental/Program Duties

(z) Article IV.4 - Professional Expenses Fund

(aa) Article IV.5.1 - Definitions

(bb) Article IV.5.2.2.10

(cc) Article IV.5.2.5.1(b) - Application for Sabbatical Leave

(dd) Article IV.5.2.5.1(c)

(ee) Article IV.5.2.8 - Report on Leave

(ff) Article IV.5.3.2.2

(gg) Article IV.5.3.4.4

(hh) Article V.4 - Leaves and Sabbaticals

IV.5.2.1 (p.75) Add:
For librarian members only a six month leave may be divided into two (2) units of three (3) months provided that no librarians are thereby displaced, without their consent, from their place on the three year plan.

IV.5.2.5.1(a)i
After review by the Department/Program/Library Personnel Committee, and approval by the Departmental/Program/Librarians' Committee, a departmental/program/library plan for sabbaticals shall be submitted to the Dean and COAP by November 15 of each year.

IV.5.2.5.1(a)ii
The departmental/program/library sabbatical plan shall cover the three year period subsequent to those years for which sabbaticals have already been approved, and shall list for each year which members of thedepartment/program/library shall be scheduled to take sabbatical leave.

IV.5.2.5(a)iii Revise as follows:
The departmental/program/library sabbatical leave plan shall reflect as closely as possible the requests for leaves for members, provided that due regard is paid to the needs of the department/program/library. Unless there is a contrary advantage for the academic/professional development of members conflicting requests shall be resolved by the department/program/library in favour of the member having the greater number of EYS and/or the greater period of time elapsed since the last sabbatical leave.

IV.5.2.5(a)iv Add after final sentence:
The University Librarian shall review the library's three year sabbatical plan and may require revisions to the plan on the grounds of library needs. The three year plan shall then be forwarded to the Dean and COAP.

IV.5.2.5(a)v
Following any such revision to departmental/program/library plan in any given year, and subject to sub-paragraph IV.5.2.5.1(c) below, no member shall be displaced by their department/program or by the Dean or in the case of librarian members, by the University Librarian without their consent from their place on the three-year department/program/library plan.

IV.5.2.5.1(b)
Applications for sabbatical leave shall in the first instance be submitted, for information only and not for assessment, to the Departmental/Program/Library Personnel Committee. This procedure is intended solely to assist members in the preparation and formulation of applications for sabbatical leave.

Applications for sabbatical leave shall be made by members in accordance with departmental/program/library three-year plans, and shall be forwarded to the Dean by February 15 of the academic year two (2) years prior to the academic year for which the leave is requested.

IV.5.2.5.2 Revise as follows:
The Dean may, after consulting the department/program/library and COAP, and upon timely application by a member, recommend to the President special authorization for a sabbatical leave when the member is unexpectedly offered an unusual opportunity to further personal academic/professional development at a time not scheduled in a departmental/program/library plan. The Dean shall ensure that departmental/program/library needs are not harmed by such special authorizations, and the possibility of such harm shall be grounds for rejecting such an application. If the Dean decides against a request for such special authorization, reasons shall be provided in writing to the member.

IV.5.2.6 Revise as follows:
The Dean shall have discretionary power to authorize a limited number of full or partial replacements for teaching members on sabbatical leave. The Vice President (Academic) on the advice of the University Librarian shall have discretionary power to authorize a limited number of full or partial replacements for librarian members on sabbatical leave bearing in mind the needs of the library. Replacements for teaching members allocated by the Dean shall be on the basis of departmental or program need, paying particular attention to the needs of small departments and programs, and to the provision of the more frequent leaves accruing to departmental/program three-year plans. Such replacements shall be allocated as well so as to give effect to special authorizations for sabbatical leave when required.

IV.5.3.1.3 Revise as follows:
Applications shall be judged with due regard to the academic/professional development of the member applying for the leave, the needs of the department/program/library and equity considerations, with respect to other members. ...

IV.5.3.1.4 Revise as follows:
Applications for unpaid leave shall be reviewed by the member's departmental/program/library personnel committee and departmental/program/librarians' committee and shall be transmitted promptly to the Dean by the departmental/program Chair, or in the case of librarians, by the University Librarian, together with the recommendations of these bodies, and the Chair's or University Librarian's own recommendation.

IV.5.3.3 Revise as follows:
Members granted unpaid leave shall be replaced or partially replaced. Such replacements shall be available to departments/programs or the library to meet the academic/library needs created by the unpaid leave.

IV.5.3.4.4.1 Revise as follows:
Under special circumstances, and upon the approval of the Departmental/Program/Librarians' Committee, the Departmental/Program/Library Personnel Committee, and the Departmental/Program Chair/University Librarian, members on probationary appointments may seek authorization for a maximum of one (1) year of sabbatical leave, unpaid leave or full research leave, but such period of leave must not be taken during a year in which they are to be considered for tenure/permanency.

IV.5.5 Revise as follows:
When the Dean recommends against a request for leave by a faculty member under any of the provisions of IV.5, or recommends against a request for leave by a librarian under the provisions of IV.5.1, IV.5.2 or IV.5.3, the member may request that the President reconsider such recommendation.
When the University Librarian recommends against a request by a librarian for leave under the provisions of IV.5.4, the member may request that the President reconsider such recommendations.

(ii) Article V.5.1

(jj) Articles VI.6.3 line 5 and VI.9.2.2(b) line 5

(kk) Article VIII.1 - Salary Scales

(ll) Article VIII.2 - Compensation for Departmental and Program Chairs

(mm) Article VIII.4.1 - Benefits

(nn) Article VIII.4 - Benefits

(oo) Article VIII.7 - Flexible Benefits Plan

(pp) Schedule A - Salary Scales

(qq) Schedule AA - Parity

(rr) Appendix C - Full Time Positions

(ss) Appendix E - Academic Computer Needs Assessment

(tt) Appendix I to M

(uu) Appendix N and O Letters of Understanding

(vv) Joint Committee Letter of Understanding

5.) This Memorandum of Settlement constitutes the agreement of the parties' respective negotiating committees and all other proposals are withdrawn.

Dated at Peterborough this  day of  January , 2000.

University Negotiating Committee

TUFA Negotiating Committee


Graham D. Taylor


E.A. (Skip) Maxwell

Aldous S. (Sally) Young


Stefan Bilaniuk

Brian D. Siegner


Peter C. Dawson

Margaret R. Sanders


Janice S. Millard

Susan L. Bartsch


Douglas G. Lowe


Schedule A

Salary Scales

Faculty July 1/98*
(Revised
Feb 1/99)
Professional
Librarians

A1 Lecturer $36,448 I.1
A2 $38,385 I.2
A3 $40,321 II.1 (I.3)
A4 $42,257 II.2 (I.4)
A5 B1 Assistant
Professor
$44,454 II.3
A6 B2 $46,662 II.4
A7 B3 $48,874 III.1 II.5
A8 B4 $51,083 III.2 II.6
A9 B5 $53,294 III.3 II.7
A10 B6 $55,503 III.4 II.8
(A11) B7 C1 Associate
Professor
$57,445 III.5 (II.9)
(A12) B8 C2 $59,381 IV.1 III.6 (II.10)
B9 C3 $61,317 IV.2 III.7
B10 C4 $63,254 IV.3 III.8
B11 C5 $65,191 IV.4 III.9
B12 C6 $67,127 IV.5 III.10
B13 C7 $69,062 IV.6 III.11
B14 C8 $70,999 IV.7 III.12
(B15) C9 D1 Full
Professor
$72,647 IV.8 (III.13)
(B16) C10 D2 $74,328 IV.9 (III.14)
C11 D3 $76,006 IV.10
C12 D4 $77,686 IV.11
C13 D5 $79,366 IV.12
C14 D6 $81,045 IV.13
C15 D7 $82,726 IV.14
C16 D8 $84,406 IV.15
C17 D9 $86,086 IV.16
C18 D10 $87,765 IV.17
(C19) D11 $89,445 (IV.18)
(C20) D12 $91,125 (IV.19)
D13 $92,805
D14 $94,484
D15 $96,164
D16 $97,844
D17 $99,524
D18 $101,204
D19 $102,885
(D20) $104,565
(D21) $106,244

Note: A bracketed rank/step (e.g. C19) designates a corresponding salary step which is attainable in that rank only by way of a merit award.

* See Schedule AA Parity for future revisions to the salary scales.


Schedule AA

Parity

1 SALARY ADJUSTMENTS

1.1 Introduction

The parties hereby agree that salaries of members of the bargaining unit will be adjusted as set out below and Schedule A - Salary Scales will be revised accordingly.

1.2 Disparity Correction

Commencing with the July 1, 1999 to June 30, 2000 contract year and each contract year thereafter, an across-the-board scale adjustment effective 23:59 Hours June 30 of each contract year equal to the disparity between average salaries at Trent and average salaries in the Ontario system based on Statistics Canada data for faculty salaries for the immediately preceding academic year shall be calculated in June of each contract year and paid effective 23:59 Hours June 30 of the contract year. For example, in June of 2000 disparity will be calculated on the basis of Statistics Canada data for 1998-1999.

1.3 Parity Maintenance

In addition, commencing with the July 1, 1999 to June 30, 2000 contract year and each contract year thereafter, an across-the-board scale adjustment effective 23:59 Hours June 30 of each contract year for parity maintenance equal to the system average base-salary adjustment for that contract year shall be calculated in June of each contract year and paid effective 23:59 Hours June 30 of the contract year. For example, in June of 2000 parity maintenance will be calculated on the basis of the system average base-salary adjustment for 1999-2000.

1.4 Total Salary Adjustment

The total salary adjustment arising from 1.2 and 1.3 shall be determined by the formula

Delta S = Max [0.0, SAA+DISC] if SAA >= 0, (i.e. = greater of zero or the parity maintenance adjustment plus the disparity correction) if the parity maintenance adjustment is greater than or equal to zero,

or

Delta S = Max [SAA, SAA+DISC] if SAA < 0, (i.e. = greater of the parity maintenance adjustment or the parity maintenance adjustment plus the disparity correction) if the parity maintenance adjustment is less than zero,

where SAA is the parity maintenance percentage (see 2.2) and DISC is the disparity correction (see 2.5).

2 METHODS FOR CALCULATING COMPONENTS OF SALARY ADJUSTMENTS
2.1 Comparison Group

"System" means the following universities:

Brock Carleton Guelph
Lakehead Laurentian McMaster
Nipissing Ottawa Queen's
Ryerson Polytechnic Toronto Waterloo
Western Ontario Wilfrid Laurier Windsor
York.

2.2 Calculation of Parity Maintenance through the System Average Base-salary Adjustment (SAA)
2.2.1 The base-salary adjustment at each university in the system shall be the aggregate cost, expressed in percentage terms, of the following adjustments: scale or across-the-board adjustments; adjustments designated as catch-up or cost-of-living adjustments; anomaly adjustments; special adjustments other than one-per-year career-development increments (CDI), progress-through-the-ranks increases (PTR), and merit awards.
2.2.2 The base-salary adjustment shall exclude the cost of: one CDI, PTR and merit increase per year, discretionary or otherwise; adjustments in administrative stipends; adjustments in overload stipends; benefit or fringe-benefit adjustments including adjustments in research allowances, professional-expense funds and equipment-purchase allowances; one-time-only payments or reductions such as bonuses and unpaid days.
2.2.3 Base salary adjustments shall be counted toward the calculation of the SAA for the contract year during which they become effective.
2.2.4 The system average base-salary adjustment SAA shall be the simple average of the base-salary adjustments at each university in the system.
2.2.5 The data used for the calculation of SAA shall be based on the facts of each university's settlement. When those facts are not available for any university for any reason at the time when the calculation is to be done, the parties shall endeavour to agree on a reasonable estimate of the base-salary adjustment for the missing university. Failing such agreement, that university shall be omitted from the calculation.
2.3 Calculation of the System Average Salary (SAS)
2.3.1 In each contract year in which a calculation of disparity is done under 1.2, the system average salary (SAS) shall be calculated using Statistics Canada data for the preceding contract year in the non-medical-dental appointment category for Faculty With and Without Administrative Duties and for all subjects taught. SAS shall be the sum of the average salaries published by Statistics Canada, classified according to faculty members' ranks-and-ages, for the sixteen (16) universities in the system other than Trent, with each rank-age category average weighted by the proportion of Trent faculty who occupy the category.
2.3.2 The weighting factor for Trent faculty shall be calculated as
Wi = Ni / Sigmai(Ni)

= (number in cell) divided by (sum of all cells)

where Ni is the number of Trent faculty reported by Statistics Canada in rank-age category i and "Sigmai ( ... )" means "Sum the quantity within the parentheses over all categories i". (When there are no Trent faculty in category i, Ni is equal to zero.)

2.3.3 The system average salary shall be calculated as
SAS = Sigmai(Wi x SCAi)

= sum of [(weighting factor) times (system category average)]

where the System Category Average SCAi is the average of salaries reported by Statistics Canada in rank-age category i for all the universities listed in 2.1 above.

2.3.4 The effect of the calculation in 2.3.3 is to adjust the system salary for the difference of rank-age profile between the system and Trent.
2.4 Calculation of the Trent Average Salary (TAS)

In each contract year in which a calculation of disparity is done under 1.2, the Trent average salary (TAS) shall be calculated using Statistics Canada data for the preceding contract year in the non-medical-dental appointment category for Faculty With and Without Administrative Duties and for all subjects taught. TAS shall be the sum of the rank-age category average salaries published by Statistics Canada for Trent, with each category average weighted by the proportion of Trent faculty who occupy the category.

2.5 Calculation of the Disparity Correction

The disparity, if any, between Trent average salary and system average salary shall be calculated as

DISC = 100.0 x (SAS-TAS) / TAS

= 100 times [ (system average salary) minus (Trent average salary) ] divided by (Trent average salary)

where DISC is called the disparity correction, SAS is calculated as in 2.3.3 and TAS is calculated as in 2.4. (DISC is positive when Trent salaries are less than system salaries, zero when Trent and system salaries are equal, and negative when Trent salaries are greater than system salaries.)

3 IMPLEMENTATION AND DISPUTE RESOLUTION
3.1 Meetings

Beginning in June 2000, the parties shall meet annually in June to determine the salary adjustments to be effective 23:59 Hours on the upcoming June 30 described above. They shall make every reasonable effort to reach agreement on the salary provisions.

3.2 Failsafe
3.2.1 If complete Statistics Canada data for the calculation of the System Average Salary (2.3.1) and/or the Trent Average Salary (2.4) are not available for any university for any reason in June of any year, the most recent available data (e.g. the data for the year before the year for which the data is missing for that university) shall be used in calculating the Disparity Correction.
3.2.2 If the parties fail to agree on a parity maintenance number through the SAA for any contract year by June 30 of that contract year, the President of OCUFA and the Chair of the CSAO together shall within three weeks determine an SAA number for the purposes of these salary provisions, failing which the parties will settle outstanding disputes with regard to the SAA, university by university, by the toss of a coin.
3.3 Grievances Relating to this Schedule

Any disputed calculation relating to components of salary adjustments and any dispute about implementation of this Schedule shall be subject to the grievance and arbitration provisions of the Collective Agreement.

4 Joint Committee on Parity
4.1 The parties will establish a joint committee on parity. The committee will meet on a regular basis to discuss issues and exchange information with respect to parity and matters related thereto.
5 Miscellaneous
5.1 Notwithstanding the provisions of clauses 1.2 and 1.3 above that any Disparity or Parity Maintenance adjustments will commence from 23:59 Hours June 30, 2000 forward, the parties agree that the Disparity Correction adjustment in February 2000 in accordance with clause 1.5 of the parties' January 27, 1998 Memorandum of Understanding on Parity will be paid retroactively without interest to July 1, 1998 in the event that that Disparity Correction adjustment requires any payment.
5.2 For clarity, the parties confirm that the outcome of the February 2000 Disparity Correction adjustment is relevant to and will be applied in respect of the first Parity Maintenance adjustment referred to in clause 1.3 above. For example, if the Disparity Correction adjustment as per clause 5.1 above was -3.0 and the first Parity Maintenance adjustment as per clause 1.3 above was +2.0%, there would be no scale increase to salaries effective 23:59 Hours June, 30 2000 . Alternatively, if the Disparity Correction adjustment as per clause 5.1 above was -1.5 and the Parity Maintenance adjustment as per clause 1.3 above was +2.5%, there would be a 1.0% scale increase to salaries effective 23:59 Hours June 30, 2000.


Letter of Commitment re Complement
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Maintained by Stefan Bilaniuk. Last updated 2001.01.02.