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ST. THOMAS MORE COLLEGE UNIVERSITY OF SASKATCHEWAN St. Thomas More College and St. Thomas More Faculty lJnion Collective Ag¡eement 201 0r201 3

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ST. THOMAS MORE COLLEGEUNIVERSITY OF SASKATCHEWAN

St. Thomas More College

and

St. Thomas More Faculty lJnion

Collective Ag¡eement

201 0r201 3

Collective Agreement 2010-2013Table of Contents

Glause Title Page

1.01.72.0

3.0

4.04.34.4

Definitions

PreambleUnion Recognition and ServicesScope of the Agreement

Academic Freedom

Non-Discrimination and Fairness in the WorkplaceHarassmentConflict of lnterest

Appointments and Tenure 8Academic Ranks ILimited Term Appointments IPurpose of Limited Term Appointments 9Length of Limited Term Appointments 9Re-Appointment for a Limited Term 10Special Lecturer 10Visiting Professor 10Adjunct Professor 10St. Thomas More Scholar 10Visiting Researcher/Research Associate 11

Appointments Without Term 11

Purpose of Appointments Without Term 12Probationary Appointments 12Lecturers, Assistant Professors and Librarians 12Associate Professors 13Appointment of Associate Professors with Tenure 13Professors 13Recruiting and Appointment Policies and Procedures 13Appointment of Department Heads 15Reappointment of Faculty after the Age of Retirement 15Normal time for Consideration of Tenure and Early Consideration for Tenure 16Re-appointment after Resignation 16Part-Time Appointments 16Full{ime to Part-Time Status 16Reduced Appointment Plan 17Sessional Lecturers 18Seniority of Sessional Lecturers 't8

Defining Seniority 19Areas of Teaching Qualifications 19Requirements for the Probationary Period 19Seniority List 20Teaching Beyond Areas of Teaching Qualifications 20Maintaining Seniority in Areas of Teaching Qualification 20Determining who will teach a Sessional Course 20Competency in Areas of Teaching Qualification 21

Continuing Sessional Faculty 21

1

334

4

557

Collective Agreement 2010-2013Table of Gontents

Clause Title Page

5.1.11.25.1.1 1 .35.1.1 1.65.1.11.75.25.35.3.15.45.55.6

6.0

6.16.1.26.26.2.16.2.26.2.36.56.66.86.9

7.07.17.37.3.17.47.4.',|7.4.27.4.37.4.3.37.4.47.4.4.27.4.57.57.67.7.07.11

8.08.28.4.28.58.68.6.18.6.28.6.6

Creation of Continuing Sessional PositionsRecruiting and AppointmentReview and Probationary PeriodSalaries and BenefitsTenure DefinedNomination and Award ProceduresAuthority to Award TenurePurpose of TenureRights and PrivilegesTenurable Positions

Procedures For Renewal of Probationary AppointmentsDefinition of RenewalCriteria and Standards of PerformanceCommunication of StandardsRules of ProcedureCandidate's Case FileChanges in StandardsAdvising Probationary CandidatesVoting ProcedureCandidate to be informedGrievance in the case of non-renewal of a Probationary AppointmentDates for Renewalof Probation

Procedures for the Granting of TenureCandidate's CommitteeCriteria for TenureCommunication of StandardsRules of ProcedureChanges in StandardsAdvising Probationary CandidatesVoting ProceduresCandidate to be informedI nformation and Committee ProcedureDean's FilesDates for Tenure ProceduresMethods of Evaluating a Candidate's Ability as a TeacherDemonstration of Satisfactory PerformanceTenure and Promotions CommitteeWithdrawal

Procedures for PromotionCand idate's Promotion CommitteeEarly PromotionCriteria for Promotionlnformation and Committee ProceduresAdvising Candidates for PromotionCandidate's Case FileConsultation with Arts and Science

21222223232323232323

242424242424252525252626

26262728282828282829293031323233

3434343434343435

Collective Agreement 2010-2013Table of Contents

Clause Title Page

8.78.88.9.18.9.2

9.0

11.011.111.1.211.1.4.411.1.1011.1.1211.1.1311.2.011.2.111.2.21',1.2.311.2.4

12.012.212.2.212.2.312.2.3.112.2.3.212.2.3.312.2.3.412.2.3.512.2.3.612.2.3.712.2.412.312.3.112.3.512.3.612.412.4.212.5

13.013.213.313.3.113.3.313.3.3.113.3.3.213.3.3.3

Dates for Promotions casesTenure and Promotion CommitteeCandidate to be lnformedReasons for Denial

Appeals Procedure for Renewal of Probation, Tenure, and Promotion

Schedules of Ranks and SalariesSchedule of RanksSessional LevelsOther Compensation: Accountable Professional Expense AccountPayment of SalariesOverload RemunerationSalaries of Faculty Members on LeaveOutside Professional ActivitiesOutside EmploymentOutside TeachingOther Outside ActivitiesReporting Outside Employment

Salary Review ProceduresTypes of Salary ActionAwarding of a Fraction of Career Development lncreaseSpecial lncreasesTeachingResearch and Scholarly WorkSt. Thomas More Extension WorkUniversity Work, Community College Work, and Public ServiceAdministrative Worklmprovement in Academic QualificationsOffer of Employment from a Comparable lnstitutionSpecial BonusRules of ProcedureAdvising FacultyVoting ProcedureCandidates to be lnformedSalary Review Appeal ProceduresAppealCommitteeExpedited Procedures

Status of The LibrarianApplication of the Agreement to the LibrarianAppointment of the LibrarianLibrarian's RankTypes of AppointmentsPart-Time AppointmentProbationary AppointmentLength of Limited Term Appointments

35363737

37

393939404040404141414142

42424343434343444444444444444545454546

4646464646474747

Cof fective Agreement 2010-2013Table of Contents

Clause Title Page

13.3.3.413.3.413.3.513.3.5.113.3.5.213.3.613.413.4.213.4.313.4.413.513.5.113.5.213.5.4

14.014.514.614.714.814.9

15.0

16.016.2.016.716.816.916.1016.1116.1216.13

17.017.217.317.3.117.3.1.117.3.1.217 .3.1.317 .3.1.417.3.1.517 .3.1.617.3.1.717.3.217.3.317.3.4

Rank on AppointmentAdvertising of the PositionComposition of CommitteesSearch CommitteeAppointments Comm itteeLetter of AppointmentTenure for the LibrarianProcedures for the Award of Tenure and PromotionCriteria, Methods and Standards for the Award of TenureCriteria, Methods, and Standards for PromotionSalary Review Procedures for the LibrarianAwarding of a Partial Career Development lncreaseSpecial GrantsRules of Procedure

Assignment of DutiesTeaching Workload of Faculty MembersLibrarian DutiesFairness of Assignment of DutiesGrievance over Assignment of DutiesFailure to Perform Duties

Personal File for Members of the Teaching Faculty and the Librarian

Sabbatical LeaveAllocation of Sabbatical LeavesResponsibilities of Sabbatical Leave RecipientsLevel of RemunerationPeriod of LeaveEligibility for Promotion and Special GrantsResearch GrantAccountable Travel Expenseslnterpretation

Other LeavesSick LeaveMaternity/Paternal/Adoption Leave or Primary Caregiver LeaveTenure and Term FacultyEligibility for LeaveTiming of LeaveLevel of RemunerationBenefit CoverageNoticeProbationary PeriodExtension of LeaveMaternal Leave for Sessional FacultySecondary Caregiver LeaveAdoption Leave for Tenured and Term Employees

4747474748484B48484950505050

505152525353

53

545455565656565757

5757585B5B5B5B5B595959595959

IV

Cof lective Agreement 2010-2013Table of Contents

Clause Title Page

17.3.517.417.4.517.517.617.7

18.018.118.2

19.019.119.219.319.419.519.619.719.819.919.10

19.1119.1219.1519.r61 9.1 6.119.16.219.16.319.16.419.16.519.16.619.16.719.17

20.0

21.021.121.2

22.0

23.0

24.024.9

Parental Leave for Sessional FacultyLeaves of Absence Without PayAppeal in the Case of Denialof Leave Without PayCourt LeaveEducational Leave and StudyPolitical Leave

CopyrightCopyright OwnershipRoyalties

Fringe BenefitsFringe Benefits for Tenured and Tenure-stream FacultyUniversity Pension Plan (Revised Pension Plan)Compulsory and Voluntary Group Life lnsuranceSalary Continuance PlanSick LeaveTravel lnsuranceDeath BenefitMoving ExpenseHousing AllowanceAccountable Professional Development Expenses out of AccountableProfessional Development AllowanceDental PlanExtended Health Care PlanResearch Grant in Lieu of SalaryFringe Benefits for Sessional LecturersSessional Lecturer's Accou ntable AccountAcademic Participation/Professional Development FundRetirement Savin gs ContributionHealth Spending AccountCritical lllness FundGroup Life and Accidental Death and Dismemberment lnsuranceDeath BenefitFringe Benefits for Continuing Sessional Faculty

Holidays and Vacations

Termination of EmploymentResignationsRetirement

Financial Exigency

Program Redundancy

DisciplineReprimand

606060606161

626262

63636363636363646464

65656565666666666667676767

67

686868

69

71

71

72

Cof lective Agreement 2010-2013Table of Contents

Glause Title Page

25.025.125.225.325.425.5

26.0

27.027.127.2

28.0

Complaints, Grievances, and ArbitrationGeneralComplaintsGrievancesArbitrationLimitations on Access to Grievance Procedures and Arbitration

Strikes and Lockouts

Negotiation ProceduresTerm of the AgreementNegotiating Committee

Consultation Committee

737373737476

Appendix l- Salary Adjustments

Salary Schedule 1 - July 1,2010 - June 30,2011Salary Schedule 2 - July 1,2011 - June 30,2012Salary Schedule 3 - July 1,2012 - June 30, 2013

Memorandum of Agreement - Retroactive PayMemorandum of Agreement - CSFMemorandum of Agreement - Joint Union-College CommitteeMemorandum of Agreement - Wages and Benefits for Sessional Lecturers

76

767676

76

78

818283

84858687

vt

Academic year o means the year commencing on July 1 of any given calendar year and ending

on June 30 of the following calendar year

Agreement o means the Collective Agreement between the Board of Governors and theFaculty Union

Appointments Committee o is comprised of the Dean, who chairs the Appointments Committee and the twofaculty members of Executive Council. The Appointments Committee makes

recommendations to the President.

We

Board

College

DEFINITIONSThe following definitions only pertain to the Collective Agreement:

o means the parties to this agreement, i.e., the St. Thomas More College Faculty

Union and the Board of Governors of St. Thomas More College

. means the St. Thomas More College Board of Governors

o refers to the College incorporated by the St. Thomas More College Acf (1943)

passed by the Legislature of Saskatchewan, subsequently the St. Thomas More

College Act (2001)

Corporation o refers to the body described in the St. Thomas More College Act,2001 and St.

Thomas More College General Bylaw #4 of 2007

Dean o means the Dean of St. Thomas More College or his or her designate

Department . means an academic subdivision of the College

Department Head . means the Head of a St. Thomas More College Department

Employee o means all members of the bargaining unit as defined by the certification orderof the Labour Relations Board dated May 2, 1977.

Employer: o means the St. Thomas More College in the same sense used in the

Certification order of the Saskatchewan Labour Relations Board dated May 2,

1977

Faculty Council/Council o means the Faculty Council of St. Thomas More College

Faculty Member o means a person appointed by the Board of Governors to the rank of Professor,

Associate Professor, Assistant Professor, Lecturer , lnstructor or Librarian

Librarian . means a person appointed by the Board to the rank of Librarian l, Librarian ll,Librarian lll, or Librarian lV

President o is the President of St. Thomas More College or his or her designate

President of the Universityo refers to the President of the University of Saskatchewan

Collective Agreement 201 0-201 3

Teaching Faculty o refers to all Faculty Members who teach, Continuing Sessional Faculty and

Sessional lecturers

Union . means the St. Thomas More College Faculty Union (1977)

University omeans the University of Saskatchewan as defined in the University ofSaskafcñeuvan Act of 1995.

Collective Agreement 20'l 0-201 3

1.2

1.3

1.0

1.1

1.7

1.7 .1

COLLECTIVE AGREEMENT2010 - 20'13

PREAMBLE

We agree to cooperate in the promotion and enhancement of St. Thomas More College and to

encourage a climate of freedom, responsibility, and mutual respect in the pursuit of the Catholic

mission of the College. lt is the purpose of this Agreement to promote and maintain harmonious

relations within the College community and to provide an amicable means for settling differences

which may arise from time to time between the College and the members of the faculty.

We recognize that the President and Dean have general supervision of the work of the College

subject to the Act of lncorporation as amended, the University of Saskatchewan Senate Act, the

Corporation of the College and the Board of Governors, with the guidance of the Faculty Council

and its committees.

Subject to this Agreement, we acknowledge that it is the exclusive function of the College Board ofGovernors to hire, promote, transfer and classify teaching faculty and the librarian. We also

recognize the right of the College Board of Governors to discipline, suspend or discharge any

member of the teaching faculty and the librarian for reasonable cause given that the procedures ofthe Agreement are followed.

We further recognize the necessity of the participation of the teaching faculty in the collegialprocess in all matters covered in this Handbook including the selection of academic administrators.

We affìrm the general principle of keeping salaries and benefits for faculty of St. Thomas More

College equivalent in all aspects to the faculty salaries and benefìts at the University ofSaskatchewan.

The Consultation Committee is a permanent collegial vehicle which guarantees the interpretation of

the agreement to satisfy the Board's and the Union's concerns on all essential points.

Union Recognition and Services

The College recognizes the Union as the exclusive bargaining agent of all members of the teaching

faculty and the librarian in the bargaining unit as defìned in the decision of the Saskatchewan

Labour Relations Board dated May 2, 1977.

The College agrees to continue the present provision for the Union regarding office, telephone,

mail, printing, meeting rooms, etc. The Union shall reimburse the College for all costs relating to

telephone, mail, printing.

We recognize the contribution to the College's welfare made by members of faculty acting on

behalf of the Union, and the extra administrative burden they assume. Services undertaken on

Union governing bodies and committees shall be taken into consideration in assessment of facultymembers. Such work should be viewed as similar to service on departmental, faculty, and

university committees, or to administrative duties undertaken for learned or professional societies.

lf a faculty member expects to be engaged in a substantial amount of such work, he/she should

inform and consult with the Dean and Department Head, who will make reasonable efforts to

ensure adequate assistance (for example, marking) and relief from responsibilities on College

committees.

1.4

1.5

1.6

1.7.2

1.7.3

Collective Agreement 201 0-201 3

1.8

1.7.4

1.7.5

The College agrees to deduct dues assessed by the Union from the salaries of all members of the

teaching faculty and the librarian on a monthly basis. The amount deducted shall be remitted on a

monthly basis to the Union no later that the fìfteenth (15th) day of each month. The Union shall

advise the Business Office in writing one month in advance of any changes in the amount of

regular monthly dues.

The College agrees that each year the President of the Union executive, designated by the Union

executive by May 'l st, shall have his/her teaching load reduced by one 3 credit unit class withoutprejudice to his/her salary, fringe benefits, or any other rights and privileges within the College.

When a new collective agreement is being negotiated, the Chief Negotiator shall have a three (3)

credit unit course release. Not less than thirty (30) days or more than sixty (60) days before the

expiry date of the Agreement, the Union will inform the Administration of the name of the Union's

Chief Negotiator and, the anticipated term in which the three (3) credit unit release will occur. Only

one three credit unit release is allowed for each contract period.

The College agrees to provide, the Union with the following information:

(i) a list of all employees including name, month and year of birth, rank, gender, salary, type

of appointment, dues deducted, department, and the date of appointment. This list will be

provided to the Union on September 30, January 31 and May 31.

(ii) an annual list by Septembell5 of all employees eligible to be considered for tenure in

that academic year.

SCOPE OF THE AGREEMENT

The terms and conditions of this agreement are applicable to all members of the teaching faculty

and the librarian and constitute the contract between the College and each employee. The

contractual relationship is established by receipt of an offer of employment from the President and

a signed acceptance of the offer from the applicant.

When a date specified in this Agreement falls on a weekend or holiday, the next working day shall

be the operative date.

ACADEMIC FREEDOM

St. Thomas More College, as established under its Act of lncorporation, is committed to the pursuit

of truth, the advancement of learning and the dissemination of knowledge. To this end academic

freedom is the freedom of a member of the teaching faculty and the Librarian of the College:

i) to examine, question, teach and learn;

ii) to disseminate his/her opinion on questions related to his/her discipline both inside and

outside the classroom;

¡ii) to carry out research which he/she believes will enhance knowledge;

iv) to express the results of such research in a reasonable manner,

v) to cooperate and collaborate with colleagues in academic matters without interference

from the Board of Governors, its agents or any outside bodies;

vi) to criticize the College, University, and society at large.

Academic freedom is made possible and enhanced by the Catholic character of the College and is

essential to Catholic Higher Education in Saskatchewan. Academic freedom does not require

neutrality nor does it preclude commitment on the part of the member of the teaching faculty and

2.0

2.1

2.2

3.0

3.1

3.2

Collective Agreement 201 0-2013

3.3

3.4

3.5

the librarian. Rather, academic freedom makes such commitment possible. Academic freedom

therefore has this further purpose and aim, namely, that members of the teaching faculty and the

librarian may come to act with greater responsibility in fulfilling their duties in the collegial life of St.

Thomas More College.

The right to criticize the College, which allows for a wide range of discussion, does not bring with it

the right to challenge or jeopardize the existence or fundamental objectives of St. Thomas More

College as originally established under its Act of lncorporation and the St. Thomas More College

Act,20Ol including the preamble, and as implemented by federation with the University ofSaskatchewan.

When exercising their rights of action and expression as citizens, members of the teaching faculty

and the librarian shall endeavour to ensure that their private actions or expressions are not

interpreted as representing positions of St. Thomas More College or the University ofSaskatchewan.

The College and the members of the teaching faculty, and the librarian, recognizing that the actions

of each affect the other, will act responsibly so as to promote the well being of the College and

collegiality in college life, and to combine the responsibilities of membership in a Catholic college

with academic freedom in a university setting.

Academic freedom is exercised within a model of collegial governance.

NON-DISCRIMINATION AND FAIRNESS IN THE WORKPLACE

There shall be no discrimination practised against any employee because of his/her race, colour,gender, marital status (in the sense of single or legally married), physical disability, age, nationality,

ancestry, place of origin, political affiliation, sexual orientation, or activity in the Faculty Union. Theparties are also committed to ensuring that there are no barriers or systemic discrimination to the

full participation of all employees in the beneflts of this agreement and its terms and conditions.

The College is a Catholic institution whose mission is that of a Catholic college. This mission is set

forth in Article 3 of Part I of the Faculty Handbook. The College has the right to prefer in its hiringpractices members of the Catholic faith. Other than in respect to the College's hiring practices, it is

agreed and understood that the religious denomination of any member of the teaching faculty and

the librarian willnot affect his/her enjoyment of the rights and privileges outlined in this agreement.

Harassment

The College promotes teaching, scholarship and research and the free and critical discussion ofideas. The Administration and Union are committed to providing a working and learning

environment that allows for full and free participation of all members of the College community.

Sexual or personal harassment undermines these objectives and violates the fundamental rights,personal dignity and integrity of individuals. Any person guilty of sexual or personal harassment

will be subject to disciplinary sanctions including, where appropriate, dismissal or expulsion.

The College has a legal responsibility to prevent sexual and personal harassment and to provide

procedures to handle complaints, to resolve problems and to remedy situations where harassment

occurs. The Administration will offer educational and training programs designed to prevent

harassment and to support the administration of harassment prevention policies and to ensure that

all members of the College community are aware of their responsibility with respect to the pol¡cy.

Sexual harassment means any sexually offensive action or behaviour that a person knows or ought

reasonably to know is unsolicited, one-sided and coercive. lt includes any conduct, comment,

gesture or contact of a sexual nature that interferes with another person's participation in a College

related activity or leads to or implies employment or academically related consequences for the

3.6

4.O

4.1

4.2

4.3

4.3.1

4.3.2

4.3.3

Collective Agreement 2010-201 3

4.3.4

4.3.5

4.3.6

4.3.7

4.3.8

4.3.9

4.3.10

4.3.11

person harassed. Sexual harassment may be expressed in any number of ways, including

unwanted touching or patting, suggestive remarks or other verbal abuse, demands for sexual

favours, leering or compromising invitations, physical assault or implied or actual threats. lt may

also occur in visual or electronic communications.

Personal harassment means any behaviour or the effect of behaviour, whether direct or indirect,

that is abusive or demeaning or would be viewed by a reasonable person experiencing the

behaviour or effect of the behaviour as an interference with his or her participation in a College

related activity. Personal harassment includes discrimination because of race, national or ethnic

origin, colour, religion, age, sexual orientation, gender, pregnancy, childbirth, disability, political

affiliation, union membership, participation in the lawful activities of the Union and preventing, by

any means, the exercise of any right conferred under the Collective Agreement or any applicable

law of Canada and its provinces.

Any person who believes that he or she is a victim of sexual or personal harassment may resolve

the matter using either an informal or a formal resolution approach, or both. A member who is

involved in a harassment or discrimination dispute as either the complainant or the respondent may

request the presence of a union representative at any time during the process. This representation

includes, but is not limited to, having a union advocate present during interviews and meetings

involving the member.

Members may choose to begin with informal resolution that occurs directly between the parties

through their own efforts or with the assistance of the STM coordinator or a mediator. lnformal

resolution must be pursued within one year of the occurrence of the alleged incident(s) of

discrimination or harassment. lnformal resolution is conducted without prejudice and is considered

confidential. lnformal resolution cannot be pursued after formal resolution has been sought.

Members may choose to pursue formal resolution by reporting their complaint in writing to the Dean

with a request for an investigation. Complaints must be reported within one year of the occurrence

of the alleged incident(s) of discrimination or harassment.

When a formal written complaint is launched against an employee as defined in this agreement, the

Dean or designate will:

1) notify the respondent and the Union that an investigation is being conducted,

2) provide the respondent and the Union with a copy of the written complaint; and

3) offer the respondent an opportunity to provide a verbal and/or written response to the

allegations. Complainants and respondents will be offered an opportunity to provide the names ofpotential witnesses and other facts, documents, or submissions that they believe are relevant to the

investigation. The Dean (or designate) and the Union will meet lo discuss procedures for

investigating the complaint and reporting the results of the investigation.

When an employee, as defìned in this Agreement, launches a formal written complaint against

persons not covered by this agreement, the matter will be pursued under the St. Thomas More

Discrimination and Harassment Prevention Policy.

The Dean or designate will investigate the complaint. The President may take interim action

pending determination of the complaint, if it is deemed necessary.

The Dean or designate will submit a report to the President and the Union as agreed upon in 4.3.8

withintwenty-one(21)daysofreceiptofthecomplaint. Withinfourteen(14)daysofthereceiptofthe report, or such longer time agreed to with the complainant, the President will issue, in writing, a

statement indicating how the administration will resolve the issue. The President's report will be

Collective Agreement 2010-2013

c¡rculated to the Dean (or designate), the Union, the complainant and the respondent. The report

will not be introduced as evidence or have standing in any arbitration or other legal proceeding.

4.3.12 The President's written statement will include one or more of the following outcomes and specify

reason(s) why the outcome was chosen.

i) Discrimination or harassment did occur.

ii) Discrimination or harassment did not occur.

iii) There is insufficient evidence to support a finding of discrimination or harassment.

iv) The behaviour in question was not sufficiently severe to support a fìnding of discrimination

or harassment, but warrants corrective and/or remedial action.

v) Discrimination or harassment did not occur but other behaviour warranting corrective

action was revealed.

vi) The complaint was made in bad faith.

vii) The evidence supports a fìnding of retaliation.

The President's written statement will also contain an outline of the disciplinary or remedial action

to be taken as specified in Article 24 on discipline.

4.3.13 Any and all information and records concerning the case will be kept confidential. All written

material will refer to individuals involved by a number code only. However, a key will be provided to

the Dean (or designate) and the Union for internal use. This practice will be repeated at any

subsequent arbitral proceeding. All written records concerning harassment complaints will be kept

in a separate confìdential file.

4.3.14 lf the complaint is of a frivolous, vindictive or vexatious nature, then appropriate action may be

taken against the complainant. However, such action must be taken for just cause and must be

dealt with pursuant to the provisions of the Collective Agreement.

4.3.15 lf the complainant, the respondent or any party is not satisfied with the resolution by the President,

the Dean (or designate) or the Union may refer the matter to grievance and arbitration procedures

outlined in Article 25. (The request to proceed to arbitration must be made in writing within thirty(30) days of receipt of the final recommendations of the President. The Arbitration decision will be

final and binding.)

4.4. Conflict of lnterest

4.4.1 . For the purpose of this Article, "immediate family member" means a spouse, partner, child, parent

or sibling.

4.4.2. An actual or potential conflict of interest arises when an employee is placed in a situation where his

or her personal interest, financial or other, or that of an immediate family member or of a person

with whom there exists or has existed a personal or intimate relationship, conflicts or appears to

conflict with his or her responsibility to the College.

4.4.3 The existence of an actual or potential conflict of interest does not necessarily preclude the

involvement of the individual in the situation where the conflict has arisen, or may arise, but it does

require that the conflict be formally disclosed to the person to whom the employee reports before

any action or decision is taken. Where the person to whom the employee reports also has an

interest in the matter, the disclosure shall be made to the person at the next level of authority.

Collective Agreement 201 0-201 3

4.4.4

4.4.5

4.4.6

4.4.7

4.4.8

4.4.9

4.4.10

5.0

5.1.0

The person to whom the employee reports, following the receipt of the disclosure under Sub Article

3, and after consultation with the employee and any other appropriate persons, shall determine

whether a conflict, actual or potential, exists and an appropriate method to deal with the actual or

potential conflict of interest.

The resolution of the matter by the individual to whom the employee reports shall be made in

writing. ln the case where the employee is not satisfìed with the determination and/or resolution, he

or she may refer the matter to the Union under Sub Article 4.4.1 0 and should do so within 15 days

of receipt of the final determination and/or resolution. Where no resolution of the matter is made by

the immediate supervisor, the matter will be referred to the next higher level of authority for

decision.

No employee shall knowingly participate in any decision that directly and preferentially benefìts the

employee, or any individual with whom the employee has an immediate familial, sexual or financial

relationship except in accordance with the provisions of Sub Article 4.4.4. No employee may teach

an immediate family member or close relative unless no substitute class is available as determined

under Sub Article 4.4.4.

Notwithstanding Sub Article 4.4.3, an employee who has any interest, directly or indirectly, in any

academic decision, in any contract, transaction or proposed transaction under consideration by the

College and is part of the decision-making process shall:

(¡) declare the nature and extent of the interest as soon as possible and no later than the

meeting at which the matter is to be considered;

(i¡) refrain from taking part in any discussion or vote in relation to the matter; and

(iii) withdraw from the meeting when the matter is being discussed.

ln particular, and without limiting the generality of the foregoing, unless specifically authorized by

the President or designate, after full written disclosure of the conflict, an employee shall not:

i) with College funds or with funds administered by the College, knowingly authorize the

purchase of equipment, supplies, services or real property from a source with which the

employee, or any individual with whom he or she has an immediate familial, sexual or

financial relationship, has a material financial interest;

ii) engage any individual with whom the employee has an immediate familial, sexual orfinancial relationship in any capacity for which remuneration comes from College funds or

from funds administered by the College.

Employees may engage in part{ime professional activities, paid or unpaid (see Article 11.2.0).

lf the Union is not satisfìed with the determination and/or resolution of any conflict, the Union may

refer to the procedures outlined in Article 25.

APPOINTMENTS AND TENURE

Academic Ranks

The following are the ranks of academic faculty appointments:

i) Professor

ii) Associate Professor

iii) Assistant Professor

Collective Agreement 201 0-201 3

iv) Lecturer

v) lnstructor

v¡) Special Lecturer

vii) Sessional Lecturer

viii) ContinuingSessionalFaculty

These ranks, with the exception of vii) Sessional Lecturer and viii) Continuing Sessional Faculty,

may be designated part-time, visiting, adjunct or clinical.

All academic appo¡ntments at the College shall be made under one of the following conditions: i)

limited term, ii) without term, iii) on probation, and iv) with tenure.

5.1.1.0 Limited Term Appointments

Appointments to the rank of lnstructor, Lecturer, or Librarian and to all professorial ranks

designated "limited term" or "visiting", when appropriate, shall be for a limited term not exceeding

five years. Limited term appointments are not tenurable.

5.1,1.1 Purpose of Limited Term Appointments

Limited Term Appointments are not a substitute for probationary appointments. They are made in

the professorial, librarian, lecturer and instructor ranks only where a position is not tenurable

because:

i) ¡t is a replacement for employee on leave, or

¡i) the appointment is funded from research grants, contracts, or similar sources, or

iii) a position is tenurable but a search has failed to produce a candidate suitable for aprobationary appointment.

(iv) the individual is appointed post-retirement.

(v) it is a replacement for a faculty member who is appointed to another position within the

college but who retains a tenurable academic rank.

(vi) a position is tenurable but there has been an inadequate opportunity to conduct a

satisfactory search for an appointee.

(vii) funds, budgeted for part{ime appointments, are combined.

The Faculty Union shall be informed of all such appointments, indicating whether they fall into

category i), ii), iii), iv), v), vi), or vii) and their rank.

5.1.1.2 Length of Limited Term Appointments

The length of the employment period will be clearly stated in the letter of appointment from the

President. No right to tenure inheres in any of these ranks, but full-time service as an lnstructor, a

lecturer (with limited term), a special lecturer, a professorial appointee (with limited term, or a

visiting appointee), or Librarian shall be counted as qualifying service if the faculty member is

subsequently appointed to a tenurable rank, subject to the provisions of Article 5.1.9.3. The

maximum accumulated period for limited term appointments is five years.

Collective Agreement 201 0-201 3

5.1.1.3

5.1.1.4

5.1.1.5

5.1.1.6

5.1.1.7

5.1.1.8

Re-appointment for a Limited Term

The Union will be informed when an employee holding a limited term appointment is reappointed.

All re-appointments of limited term appointees will be for a twelve-month period or more unless a

shorter term is approved by the Consultation Committee.

A limited term appointment automatically terminates on the last day of the stated term; therefore no

reasons need be given for the decision not to reappoint and no appeal will be allowed against the

decision. Faculty members holding term appointments will be notified, in writing, by the President

not later than March 31 if their appointment is to be renewed for the following academic year.

Special Lecturer

Special Lecturers are full{ime, term appointments made to accommodate the special requirements

and circumstances of the employee, the College, or both and for which the relevant salary range

and fringe benefit coverage have been approved by the Consultation Committee.

The request to create a Special Lecturer position with the relevant reasons shall be made in writing

by the Department Head and the Dean to the Consultation Committee. The request to appoint a

candidate to such a position shall be made by the Department to the Appointments Committee and

shall include the written recommendation of the Head of the Corresponding University Department.

The initial appointment of a Special Lecturer shall be for two years, with subsequent renewals

limited to two years, subject to the consent of the Consultation Committee. The time limits in article

5.1.1.2 do not apply to a Special Lecturer position. lf the position of a Special Lecturer is

terminated for financial or other reasons and is later renewed, that person has the right to be

considered for the appointment.

Service as a Special Lecturer shall not count as service in fulfilment of probationary period

requirements if the employee is subsequently appointed to a tenure track position, unless such an

arrangement is approved by the Consultation Committee. These appointments shall not be used to

extend a faculty member's employment after the expiry of the probationary period.

The complement of Special Lecturers shall not exceed 15% of tenurable faculty positions.

Visiting Professor

Visiting appointments are restricted to distinguished scholars who are retired, or self-employed, orwho have a continuing appointment at another institution from which they are absent or on leave.

Visiting appointments may be classified as full-time or part-time, with term and without term, and

shall not be made in lieu of probationary appointments.

Adjunct Professor

Adjunct appointments are made when opportunities occur to associate distinguished scholars with

the ongoing research and scholarly work of the College's faculty. These appointments are

unsalaried and ineligible for fringe benefit coverage, but expenses may be reimbursed and

honoraria paid when appropriate.

St. Thomas More Scholar

The College has created the position of St. Thomas More Scholar to recognize distinguished

scholars with a national or international reputation who are actively associated with the College.

These positions are for five years renewable. The College will not fill more than three suchpositions simultaneously.

Collective Agreement 201 0-201 3 10

5.1.1.9

5.1.2

5.1.2.1

The duties of an STM Scholar may include teaching but not necessarily. lf teaching is included, it

will be limited to a maximum of twelve credit units per year per position. When teaching is involved,

it will be carried out under the appropriate provisions in this Collective Agreement.

Conferral of STM Scholar status is to be initiated by a recommendation for appointment to the

Dean or Department Head by any member of STM Council to the Department for recommendation.

The recommendation will include an up-dated curriculum vitae or detailed biography and other

relevant documentation. The Dean will obtain the endorsement of the Department Head where the

scholar is to be assigned and then bring the recommendation to the Appointments Committee to

accept and discuss terms of appointment. The Appointments Committee makes its

recommendation to the President, who shall review it before bringing ¡t to the Board for flnal

approval. The union shall be informed of the terms and conditions of the appointment.

Visiting Researcher/Research Associate

This designation is made available to retirees who wish to continue research activity and would

benefit from an institutional affiliation to facilitate activities such as applications to granting

agencies. Those holding this designation are not salaried employees of the College, are ineligible

for fringe benefit coverage, and may not apply for college research and travel grants. The specificprivileges which they enjoy are to be established before the designation is granted, and may

include such things as access to telephone and fax, use of College letterhead, computer facilities,

and the Library, and consultation with College members and committees. When activities are

carried out at the request of the College, expenses may be reimbursed and honoraria paid when

appropriate. The College asks that the visiting researcher indicate affiliation with the College whenpresenting conference papers and in publications.

Conferral of Visiting Researcher/Research Associate status is to be based on application to the

appropriate Department Head, who shall forward his or her recommendation to the Research

Committee. The Research Committee will make its recommendation to the President for final

approval. lf the recommendation is acceptable to the President, he or she shall approve it and so

inform the Board and the Union. Visiting Researcher/Research Associate status shall be for a term

of three years, with the possibility of renewal.

Appointments Without Term

These are academic appointments made when faculty status is deemed appropriate.

Appointments without term are not tenurable and are renewed unless the appointee is given, orgives, three months notice of termination. No without term appointment shall be made without the

approval of the Consultation Committee.

Purpose of Appointments Without Term

Appointments without term are not a substitute for probationary appointments. They are made only

in cases where there is a significant reason which makes the granting of tenure inappropriate.

Some reasons are:

i) salary paid from a research grant or similar source of funds;

ii) part-time employment with duties beyond those expected of a sessional lecturer;

i¡i) significant non-academic duties; and

iv) concurrent self-employment or employment by another institution.

The Faculty Union shall be informed of all such appointments, indicating whether they fall into

category ¡), ¡¡), ¡i¡), or iv), and their rank.

Collective Ag reement 201 0-201 3 11

The Consultation Committee may approve other reasons for without term appo¡ntments where thegranting of tenure is inappropriate.

5.1 .2.2 The following criteria shall be observed for appointment "without term":

i) the appointee shall have an assigned teaching load which is at least one-third of that

considered normal for the department of the College;

¡i) the appointee shall have qualifìcations expected for such rank within the department or

college;

iii) the appointment shall be made within an academic department or college, and inaccordance with normal appointment procedures for the rank;

iv) the appointee must devote part of his/her time to research.

5.1 .2.3 Should an appointee "without term" be subsequently appointed to a tenurable position he or she

may elect to have full time service in a non-tenurable position count as all or part of theprobationary period if it is continuous.

5.1.3 Probationary Appointments

Appointments to the rank of Lecturer, Assistant Professor, and Associate Professor, Librarian areprobationary unless otherwise specified (see 5.1.1 and 5.1.2). The initial probationary period shall

be for three years. A probationary appointment or renewal does not imply ultimate appointment

with tenure. lnitial appointments taking effect before November 1 shall be considered, for purposes

of calculating the period of probationary service, to have been made from July 1 of that year. lnitial

appointments taking effect on or after November 1 shall be considered, for purposes of calculating

the period of probationary service, to have been made from July 1 of the succeeding year. Service

in a limited term or without term appointment may qualify as probationary service under certain

conditions, if the employee so elects (see Article 5.1 .1 .2). An employee may be promoted to a

higher rank during the probationary period, but an employee so promoted shall complete theprobationary period for the rank to which initially appointed. Continuity of probationary service is

not interrupted by leave of absence from the university but the period of leave shall not count asqualifying service for tenure, except as provided for in Article 17.3.

5.1.3.1 Lecturers, Assistant Professors and Librarians

For a faculty member initially appointed as a full{ime Lecturer, Assistant Professor, or Librarian,

renewal of the probationary period shall be considered in the third year of appointment. The

appointment shall be renewed for an additional three-year probationary term or terminated. The

faculty member may elect to be considered for normal tenure in the fourth, fifth or sixth year ofappointment. The faculty member must inform the Dean by June 15 whether the faculty member

wishes to be considered for tenure in the next academic year. lf the probationary period is not

renewed or tenure is not awarded, the appointment shall terminate at the end of the academic year.

ln extenuating circumstances and with the approval of the Consultation Committee, a faculty

member may be permitted to serve one additlonal year of probationary service. The Consultation

Committee may consult with the Appointments Committee. The faculty member shall forward the

request to extend probation because of extenuating circumstances to the Dean with a copy to the

Department Head and to the Faculty Union by June 15. Under no circumstance shall years ofprobationary service exceed seven years. Faculty members may be considered for early tenure in

accordance with Article 5.1.7.

Collective Agreement 201 0-201 3 12

5.1.3.2

5.1.3.3

5.1.3.4

Associate Professors

A faculty member initially appointed as a full{ime Associate Professor may elect to be considered

during the third year of probation either for tenure or for an additional two-year probationary

appointment. Election must be made by June 15 of the second year of probation. lf theprobationary period is renewed, the faculty member may elect to be considered for normal tenure in

the fourth or fifth year of appointment. The faculty member must inform the Dean by June 15

whether the faculty member wishes to be considered for tenure in the next academic year. lf the

probationary period is not awarded, the appointment shall terminate at the end of the academicyear. ln extenuating circumstances and with the approval of the Consultation Committee, a faculty

member may be permitted to serve one additional year of probationary service. The Consultation

Committee may consult with the Appointments Committee. The faculty member shall forward the

request to extend probation because of extenuating circumstances to the Dean with a copy to the

Department Head and to the Faculty Union by June 15. Under no circumstances shall the years ofprobationary service exceed six years. Faculty members may be considered for early tenure in

accordance with Article 5.1.6.

Appointment of Associate Professors with Tenure

On the recommendation of the Search Committee and the Appointments Committee, a faculty

member initially appointed as an Associate Professor may be appointed with tenure if he or she

has previously been awarded tenure at a comparable institution or has completed probationary

service at a comparable institution equivalent to the minimum required at St. Thomas More

College.

Professors

On the recommendation of the Search Committee and the Appointments Committee, a faculty

member initially appointed as a full-time Professor shall be appointed either with tenure or for a

period of probation not exceeding two years.

Recruiting and Appointment Policies and Procedures

All new positions and vacancy replacements are to be discussed by the Academic Planning

Committee to provide a recommendation to the Dean. By September 30 or as soon as possible

thereafter, the Dean shall inform Faculty Council of the Academic Planning Committee's

recommendation. The Dean shall take Faculty Council's comments into consideration before the

Dean forwards to the President a recommendation based on the advice of the Planning Committee

and Faculty Council. The Board must approve the creation of all new positions and the replacement

of all existing positions before the recruitment process begins.

The parties agree to follow Canadian Law with regard to preference in hiring.

Preference shall be given to hiring equally qualified women.

Efforts shall be made to recruit qualified members of the Congregation of St. Basil. Qualifìed

means academic preparation and research productivity, teaching ability, and professional and

community service where appropriate.

All full{ime positions shall be advertised in the November issues of University Affairs and the CAUT

Bulletin with a recommended deadline of January 15. Advertisements shall be drafted by the

Department Head in consultation with the Dean and shall indicate that St. Thomas More is a

Catholic college federated with the University of Saskatchewan. At the request of the Department

Head and with the consent of the Dean, advertisements may also be sent to other appropriatepublications. The Head of the corresponding University Department may also be consulted. lncases where advertising might be inappropriate, the Dean shall obtain the approval of the

5.1.4

5.1.4.1

5.1.4.2

5.1.4.3

Collective Ag reement 201 0-201 3 13

5.1.4.4

5.1.4.5

5.1.4.ô

5.1.4.7

5.1.4.8

5.1.4.9

Consultation Committee before beginning any other search process. ln case of urgency, and when

the position is temporary, this permission may be waived and the Dean shall so inform the Union,

giving detailed reasons.

All part{ime vacancies shall be advertised. lf an urgent event occurs within thirty (30) days prior to

term commencement and at any time during the term, advertising may be waived and the Dean

shall proceed with the appointment and so inform the Union giving detailed reasons.

There shall be a Search Committee established in each department in which a new appointment is

to be made or an academic vacancy arises. This committee shall be chaired by the Department

Head and shall include all tenured and probationary members of the department. lf this results in a

Search Committee of fewer than three members, other tenured faculty members from within the

Division shall be added until the minimum of three is attained. Such additional members shall be

added by the mutual agreement of the Appointmenls Committee and the Department. ln addition

the Appointments Committee, in consultation with the Department, shall appoint another tenured

member from the other Division in STM. The work of the Committee may be delegated to a sub-

committee, provided that the Committee itself approves all recommendations made to the

Appointments Committee.

The Search Committee shall compile the flles of candidates it judges to possess the basic

academic qualifications and areas of specialization for the post advertised. These files shall

include details of academic credentials and scholarly work, letters of recommendation, the

candidate's letter responding to the Mission of St. Thomas More as a Catholic college, and other

relevant information about the candidate. The Search Committee shall consider the candidate's

ability to respect and promote the St. Thomas More College Míssion.

The departmental Search Committee shall identiff not fewer than two and not more than five top

candidates based on the evaluation of the flles as defined in 5.1.4.5 above. The complete files of

these candidates shall be taken to the Corresponding University Department for its evaluation. The

Search Committee shall forward the short list and the files of all the applicants to the Appointments

Committee with its preliminary rankings and with the observations of the Corresponding University

Department.

For probationary appointments or appointments wilh tenure, the Appointments Committee shall

select from the short list two or more candidates to present seminars at the College and to

interested members of the University Faculty. The Search Commiltee interviews candidates and

gathers feedback from college faculty. The files on these candidates shall be made available for

inspection by tenured and probationary members of the St. Thomas More faculty. Evaluations and

comments generated by the seminars and the inspection of said files shall be taken into

consideration by the Appointments Committee.

Upon receipt of the short list and files, specified in 5.1 .4.6, the Appointments Committee togetherwith the Department Head shall review the files and the Appointments Committee shall recommend

to the President (subject to the procedures outlined in 5.1.4.9 below) a candidate from the short list

and the recommended conditions of appointment (see 5.1 .4.10 below).

The President shall review the recommendations of the Appointments Committee and, if the

candidate recommended is acceptable to him/her, he/she shall seek the approval of the President

of the University of Saskatchewan.

lf the consent of the University President is obtained, the President shall recommend to the Board

at its first meeting after February 15 the appointment of the candidate selected. Should approval

be withheld by either President, the matter shall be referred immediately to the Appointments

Committee for reconsideration of its recommendation.

Collective Agreement 201 0-201 3 14

5.1 .4.10 After an appointment has been approved by the Board, the President shall send a letter offering an

appointment to the candidate containing information as listed below. The letter of appointment

shall specify conditions of employment agreed upon by the Appointments Committee which shall in

no case be inconsistent with the terms and conditions of this Agreement.

i) salary and rank;

ii) department to which the candidate is to be appointed;

iii) outline of duties of appointment;

iv) type of appointment;

v) length of initial probationary appointment or length of term if a limited term

appointment;

vi) date of appointment;

vii) any other terms or conditions of employment pertaining to the appointment,

viii) a copy of the Handbook and the Agreement.

5.1 .4.11 ln a situation where the rank of initial appointment is conditional upon completion of a degree, an

appointment shall not be made spanning two academic ranks.

5.1 .4.12 Members of the same family may be appointed to the teaching faculty insofar as each member's

appointment is in accordance with the procedures outlined in sections 5.1 .4.1 to 5.1.4.9 above. All

opportunities and benefits accruing normally to a position on the teaching faculty will obtain foreach member of the same family so appointed.

5.1.4.13 Appointment of Department Heads

5.1 .4.13.1 Department Heads shall be chosen from among the tenured faculty members of the College. The

tenured members of a Department shall make their recommendation to the Dean who will bring it to

the Appointments Committee. lf there are fewer than three tenured members available in the

Department, Department Heads in the division will be added by seniority to reach the number

three. The Appointments Committee will make its recommendation to the President. lf it is

acceptable to the President, he or she will approve it and so inform the Board.

5.1.4.13.2 Should approval be withheld by the President, the matter shall be referred immediately to the

Appointments Committee for reconsideration of its recommendation.

5.1.4.13.3 The appointment of a department head shall be for a term not to exceed three years.

5.1 .4.13.4 Whenever possible the headship of departments shall be rotated on a three-year cycle.

5.1.5 Reappointment of Faculty after the Age of Retirement

ln extraordinary circumstances, a faculty member may be considered for re-employment on a

negotiated basis past retirement age if the Appointments Committee recommends such an

appointment, if this is endorsed by the Consultation Committee, and if the President is prepared to

make this recommendation to the Board. Conditions of employment are to be negotiated by the

faculty member with the President, under articles 5.1.1.0 through 5.1 .1 .4 of the Agreement, for a

one year term, but will not preclude the receipt of any University pension plan benefits.

Col lective Agreement 201 0-201 3 15

5.1.6

5.1.6.1

Normal time for Gonsideration of Tenure and Early Consideration for Tenure

Tenure may be considered in any year of the probationary period in accordance with Articles

5.1.3.1 ,5.1.3.2,5.1.3.3, or 13.0. lf the candidate is denied tenure, the candidate's appointment

shall terminate at the end of the academic year.

A candidate may request to be considered for tenure in any year of his or her probationary term.

Tenure considered in years one, two or three of an initial probationary period for a Lecturer or an

Assistant Professor or a Librarian shall be deemed early consideration for tenure. Tenure

considered in years one or two of an initial probationary period for an Associate Professor shall be

deemed early consideration for tenure. Prior service counted towards a probationary period in

accordance with Articles 5.1 .2.3 and 5.1.8 may affect whether tenure consideration is early or

normal for a candidate. Candidates shall advise the Dean with a copy to the department head and

the faculty union by June 15 of their decision to seek early tenure in the following academic year. lftenure is denied at that time, the candidate's appointment shall terminate at the end of the

academic year, as if the candidate had completed the probationary term and had been considered

for tenure at the normal time.

No faculty member who has tenure shall lose tenure while on leave of absence from St. Thomas

More College.

Re-appointment after Resignation

Continuous service for probationary purposes shall not be interrupted by resignation when a faculty

member is re-appointed to a full{ime academic position during the following academic year.

A faculty member with tenure who resigns and is re-appointed to a full{ime academic position

within three years shall be re-appointed with tenure.

A faculty member on probation or holding a full-time limited term appointment who resigns, or

whose appointment is lerminated, and is re-appointed to a tenurable position within three years

may elect to have any or all of the prior service applied towards the probationary period on

reappointment. A faculty member who has previously completed the probationary period for his/her

rank may be required to serve two additional years of probation. This could result in a probationary

period exceeding the maximum for the rank. An appointee who does not wish to count the initialperiod of the term appointment as part of the probationary period shall inform the Dean in writing by

September 1 of the year in which his or her candidacy for tenure would be considered.

Part-Time Appointments

Part{ime appointments to Professorial Ranks, Lecturers and lnstructors are those in which the

teaching faculty member's assigned duties require less than fulltime employment and in which the

individual is required to work on the basis of less than full days, less than full weeks, or less than an

academic term, or a combination of these.

Full-Time to Part-Time Status

By mutual agreement between the College and the faculty member or librarian, the conditions ofemployment of a probationary or tenured appointment may be changed from a full-time to a part-

time basis with a corresponding change in salary, provided the following conditions are met:

i) The change is approved according to Article 1 4.1 ;

¡i) The Faculty member's assigned duties, while requiring less than full{ime employment

according to Article 14.5.1 require him or her to work on a basis of 50% or more of full-

time:

5.1.6.2

5.1.7

5.1.8

5.1.8.1

5.1.8.2

5.1.8.3

5.1.9

5.1.9.1

5.1.9.2

Collective Agreement 201 0-201 3 16

5.1.9.3

5.1.9.3

iii) The change is approved by the Appointments Committee, described in Article 2.3.2.2 ofPolicy;

iv) The faculty member shall retain probationary or tenured status and rank;

v) The change is approved by the Consultation Committee.

Reduced Appointment Plan

The following terms shall apply to faculty members who are 55 years of age or older and have a

minimum of 10 years of service:

(i) Faculty members who wish to participate in the reduced appointment plan should make

application to their Department Head and Dean no less than six months prior to the date

on which the reduced appointment is to become effective.

(ii) Faculty members on Reduced Appointment will continue as members of the Union

bargaining unit.

(i¡i) Except in unusual circumstances Reduced Appointments will be limited lo 415,314,213, or

1/2 of full{ime duties.

(iv) For each faculty member on Reduced Appointment, a Nominal Salary rate w¡ll be

established annually. This is the salary that would be paid to the faculty member if on a

full-time basis. All relevant salary adjustments will be applied to the Nominal Salary. The

Actual Salary shall be prorated from the Nominal Salary in direct relation to the approved

reduction of duties for the Reduced Appointment plus an amount of salary equivalent to

the difference between the employer contribution to the Pension Plan based on the Actual

Salary and the employee's contribution based on the Nominal Salary.

(v) Contributions to the Pension Plan will continue to be made at the Nominal Salary. The

faculty member and the College will each contribute on the basis of the Nominal Salary.

The faculty member will be credited with pensionable service as if on full{ime, subject to

the rules and regulations of legislation governing pension plans. The salary used in

computing the average salary for pension purposes will be the Nominal Salary.

(vi) Contributions and benefits under the Salary Continuation Plan will be based on the faculty

members Actual Salary.

(vii) Group Life lnsurance will be provided on the basis of Nominal Salary as if the faculty

member were on full-time.

(viii) Eligibility for sabbatical leave shall be in accordance with Article 16.

(ix) Vacation entitlement will be prorated on the basis of the reduced duties.

(x) Faculty members shall retain entitlement to negotiate a further reduction of duties, subject

to six months written notice.

(xi) Faculty members shall retain entitlement to return to full-time status for twelve months

following the date of the change in their status, subject to three months written notice.

(xii) Following the initial twelve months of reduced appointment, the change in status shall be

considered permanent except in unusual circumstances. ln such circumstances, the

faculty member may apply to the Dean for an extension. The Dean's decision shall be

final.

Collective Agreement 20 1 0-201 3 17

5.1 .1 0

5.1 .1 0.1

Sessional Lecturers

Sessional Lecturers are teaching faculty hired on a temporary basis in charge of one or more

courses for which they are paid a stipend on a per course basis. They are appointed for one or two

terms in a given academic year. Sessional Lecturers are recommended by the Department Head

to the Appointments Committee and are subject to the approval of the President (see Article 5.1)

and the President of the University.

By April 30th of each year, Department Heads will declare which courses require sessional

appointments for the upcoming academic session and will construct descriptions of and

requirements for the appointments.

ln consultation with the Dean, the Department Head will compose an advertisement for the

positions. Sessional appointments will be advertised no later than June 1st. Applicants, including

previously appointed STM Sessional Lecturers, must apply each year to teach courses in their

areas of qualification. The selection process will normally be completed by June 30th.

The Department Head will compile files of candidates he or she judges to possess the required

qualifications. A flle must contain the following information:

a) a letter of application that outlines the candidate's interest in the position and includes

other relevant information that relates to teaching the specific course for which he or she

is applying

b) a curriculum vitae and transcripts

c) letters of reference

d) a written response to the mission of the College

e) concurrence with the CUD Head

f) teaching evaluations if available.

The following are reasons for making such appointments:

a) Sabbatical replacement;

b) Replacement for illness or short{erm disability of a faculty member;

c) Replacement for a faculty member on leave;

d) Research or other temporary course reduction for other faculty positions;

e) Temporary increase in enrolment; or

f) Temporary replacement for vacated faculty positions;

g) When a permanent planned increase in enrolment occurs and the Department requires time to

consider whether to create an additional tenured position or a Continuing Sessional position.

The courses to be taught by a Sessional Lecturer are specifìed in the letter of appointment (see

Article 5.1.4.10). The duties are specified in Article 14.2.2. The pay of Sessional Lecturers shall

reflect their academic qualifications (as specified in Article 11.1 .2).

The teaching performance of Sessional Lecturers seeking reappointment will be subject to review.

Satisfactory performance is required for reappointment. (See Articles 3.5 and 7.5). This review will

5.1.10.2

5.1 .1 0.3

5.1.10.4

5.1 .1 0.5

5.1 . 1 0.6

5.1.10.7

Collective Agreement 201 0-201 3 18

5.1 .1 0.8

5.1 .1 0.8.1

5.1.10.8.2.1

5.1.10.8.2.2

5.1.10.8.2.3

5.1.10.8.2.4

5.1.10.8.2.5

take place during their first year of appointment at the College, and shall be repeated in years

thereafter. The methods and standards of teaching evaluation are outlined in Article 7.5.

Seniority of Sessional Lecturers

Defining Seniority

Following the successful completion of a probationary period, Sessional Lecturers will have

seniority in their areas of teaching qualification. Seniority shall be determined as the total number

of credit units taught within the areas of teaching qualifìcation since the date of fìrst hire.

Areas of Teaching Qualification

An area of teaching qualification is defìned as a cluster of courses, sometimes a single course, thatan individual Sessional Lecturer is deemed to be qualifìed to teach. Areas of teaching qualification

are determined by the Department Head, in consultation with the corresponding University

Department Head and the Dean. ln determining areas of teaching qualifìcation, consideration will

be given to graduate training, teaching experience, and research. The areas of qualification are put

in writing and sent by the Dean to the Sessional Lecturer following an appointment, with a copy ofthe letter sent to the Department Head and the Union. As one means to determine areas ofteaching qualifìcation, the Department Head, in consultation with the Dean, may maintain a list ofclosely related courses within a department.

In cases where a Sessional Lecturer believes that his or her teaching qualifications have not been

adequately recognized, the Sessional Lecturer must notify the Dean within two months of receiving

the letter specifying his or her areas of teaching qualification and provide a written account of thosequalifications that he or she believes to have been overlooked. The Dean, in consultation with the

Department Head, shall make the final determination of the areas of teaching qualifìcation.

Requirements for the Probationary Period

When a Sessional Lecturer has been successfully reappointed following a review (Article 5.1 .10.7),

he or she may be considered for seniority after fulfilling a 12 credit unit probationary period.

Teaching in the fìrst year of appointment will be counted towards the fulfilment of the probationary

period requirements.

As part of consideration for seniority, evaluation of teaching will involve both peer and student

evaluations (Article 7.5.1). During the probationary period, the Department Head and/or Dean in

conjunction with the Sessional Lecturer shall arrange peer evaluations for at least two courses

using the methods specified under Article 7.5. Noncompliance by the Department Head or Dean to

make the requested arrangements for peer evaluation within the period of probation shall not be

used as grounds to withhold seniority. Sessional Lecturers shall be responsible for arranging

student evaluations for each of the courses they teach while in the probationary period. Failure on

the part of the Sessional Lecturer to arrange for adequate student evaluations shall be grounds to

withhold seniority.

After fulfilling probationary requirements for seniority, Sessional Lecturers shall submit a formal

request along with all required teaching evaluation materials to the Department Head. The

Department Head will review the evaluation materials and make a recommendation on seniority to

the Dean. lf the teaching evaluations meet the standards set out under Article 7.5, the Department

Head will submit a positive recommendation to the Dean. lf the recommendation is satisfactory to

the Dean, the Sessional Lecturer shall be deemed to have successfully completed his or herprobationary period and to have accumulated seniority since the date of first hire.

The required teaching evaluation materials will include the following:

Collective Agreement 20 1 0-201 3 19

5.1.10.8.3.'1

5.1 .1 0.8.3.2

5.1 .1 0.8.4

5.1 .1 0.8.5

1. Peer evaluations for at least two courses; and

2. Student evaluations for each course taught during the probationary period.

Other material may be considered, including:

3. Statements, reports, or other information such as a teaching dossier submitted by the Sessional

Lecturer for consideration; and/or

4. Letters of complaint and responses to such complaints.

Seniority List

The College shall maintain a seniority list, which includes the seniority accumulated by each

Sessional Lecturer and which records their areas of teaching qualification. lnformation on

accumulated seniority shall be updated annually, and this list shall be distributed to the Union and

Department Heads prior to the posting of advertisements for sessional positions.

Teaching Beyond Areas of Teaching Qualification

When a Sessional Lecturer wishes to teach outside his or her stated areas of teaching qualification,

the Sessional Lecturer must apply in a search that is open to external candidates. lf the Sessional

Lecturer has seniority and his or her qualifications are deemed to be equal to those of an external

candidate, the Sessional Lecturer with seniority will be recommended for the appointment. When a

Sessional Lecturer is appointed to a new course, this course will be added to the Sessional

Lecturer's areas of qualification, provided that teaching evaluations (peer and student) are

conducted and are deemed to be satisfactory by the Dean. Noncompliance by the Department

Head or Dean to make the requested arrangements for a peer evaluation of the course shall not be

used as grounds to deny adding a course to the areas of teaching qualification. Failure on the part

of the Sessional Lecturer to arrange for student evaluations shall be grounds to withhold adding a

course to the areas of teaching qualification.

Maintaining Seniority in Areas of Teaching Qualification

Once a Sessional Lecturer achieves seniority in his or her areas of teaching qualifìcation, the

Sessional Lecturer must teach a course within any of his or her areas of teaching qualification at

least once during every two years in order to maintain seniority. The two-year period is defined as

starting on September 1 and ending twenty-four months later on August 31. The individual may

apply to the Dean to extend this maintenance period for a maximum of one additional year (from

Septembelt to August 31) in the following circumstances:

1. Appointment to a faculty position at St. Thomas More College or another post-secondary

institution;2. The course is not offered on a sessional basis during the September 1 to August 31 year

in question or another person with seniority was appointed to teach the course;

3. Absence to upgrade academic qualifications;

4. Absence for maternity or paternity leave,

5. Extended illness; and

6. Other approved absences.

Determining who will teach a Sessional Course

When a course is designated for sessional teaching, the course is assigned to the Sessional

Lecturer who has the most seniority and who has that course within his or her areas of teachingqualification. lf two candidates have equal seniority, the Department Head in consultation with the

Collective Agreement 201 0-201 3 20

5.1 .1 0.8.6

5.1.10.8.7

5.1.10.9

5.1.10.10

Dean will determine who is more qualified. The more qualified Sessional Lecturer will be

recommended by the Department Head.

Competency in Areas of Teaching Qualification

It is expected that Sessional Lecturers will remain current with developments in their disciplines and

on a regular basis will update the subject matter of courses they teach. Sessional Lecturers will be

encouraged to conduct regular reviews of all aspects of the course delivery. lf it is determined from

a formal teaching evaluation process that a Sessional Lecturer with seniority is not delivering the

expected quality of instruction for the course, the Dean may require the individual to participate in a

mentoring program. lf, following the completion of the mentoring program, the level of instruction

has not improved to an acceptable level, the Dean may revoke the individual's right to teach that

course.

A Sessional Lecturer with seniority who does not comply with a mentoring program may be subject

to discipline under Article 24.0 of this agreement.

Sessional Lecturers may teach a maximum of 12 credit units for St. Thomas More College in the

fall and winter terms.

The basis for making Sessionalappointments are to be reported to the STMFU by May 15th ofeach year. The rationale for additional appointments made within thirty (30) days prior to term

commencement shall be communicaled to the Union.

Continuing Sessional Faculty

Continuing Sessional Faculty positions are appointments made within academic departments and

require the minimum qualifications for an instructor in the department. They are not meant to

substitute for probationary appointments. Continuing Sessional appointments are not tenurable but

are renewed unless the College gives one month notice for every year of service, up to one year, orthe appointee gives three months notice. Such notice shall only be given for the ending of a

Continuing Sessional Faculty position. For details on the assignment of teaching duties see

Articles 5.1.11.5, 5.1.11.8, and 14.1.

Creation of Continuing Sessional Positions

Continuing Sessional positions are created on the recommendation of departments in consultation

with the Planning Committee. The recommendations are to be forwarded to the Appointments

Committee and Board, and require the approval of the Consultation Committee. (Article 5.1.4.1)

Recruiting and Appointment

Continuing Sessional positions will be fllled through a recruiting process which will include

advertising on the College website, posting on appropriate University of Saskatchewan bulletin

boards, and advertising in local newspapers by February 1st. Candidates must possess the

appropriate academic qualifications and have a record of positive teaching evaluations in

accordance with Article 7.5. A search committee will be formed, consisting of tenure stream

members of the department plus a representative from the existing Continuing Sessionals in the

department. lf this results in a committee of fewer than three members, other members from the

division will be added until the minimum of three is attained. Such additional members shall be

added by the mutual agreement of the Appointments Committee and the Department. ln addition

the Appointments Committee, in consultation with the Department, shall appoint another member

from the other Division in STM. The work of the committee may be delegated to a sub-committee,provided that the Committee itself approves all recommendations made to the Appointments

Committee.

5.1.11

5.1.11.1

5.1.11.2

5.1.11.3

5.1.11.3.1

Collective Agreement 201 0-201 3 21

5.1.11.3.2

5.1.11.3.3

5.1.11.4

5.1.1'1.5

5.1.11.6

5.1.11.6.1

5.1.11.6.2

5.1.11.6.3

5.1.11.6.4

The Search Committee shall compile the files of candidates it judges to possess the required

qualifications. These files shall include details of academic credentials and scholarly work, letters

of recommendation, teaching evaluations, the candidate's response to the Mission Statement of St.

Thomas More College, observations of the corresponding university department, and other relevant

information about the candidate. Following interviews and evaluation of the candidates' files, the

Search Committee shall identify the top three candidates and forward in rank order the names and

files to the Appointments Committee. The Appointments Committee will forward the

recommendation to the President.

When making a Continuing Sessional appointment, preference will be shown to Sessional

Lecturers currently serving the College or who have served within the past 24 months. ln the event

that an existing sessional lecturer is deemed equivalent in academic qualifications, teaching

experience, teaching competence and demonstrated potential for committee work and research to

an external candidate, the sessional lecturer shall receive the appointment.

The following are reasons for making such appointments:

a) Replacement due to a vacancy (within three years) in current continuing sessional position;

b) When a planning decision is made according to Article 5.1.11.2.

The normal teaching load for Continuing Sessional Faculty shall be 12 credit units per academic

year, but in exceptional circumstances, 15 credit units may be assigned. Examples of exceptional

circumstances include but are not limited to: the lack of availability of a qualified instructor,

emergency vacancy and expertise in a specialized area. Although the College, depending on its

needs, may assign as few as three credit units, no department may deny a Continuing Sessional

Faculty member the normal 12 credit units when the same department offers classes taught by

Sessional Lecturers, unless compelling reasons are accepted by the Consultation Committee.

Review and Probationary Period

The teaching of newly appointed Continuing Sessional Faculty shall be reviewed annually during a

three year probationary period. The methods and procedures for this review are set out in Article

7.5. They are also required to submit a Yearly Activities Report as specified in Section 12 for

assigned duties (see Memorandum of Agreement).

ln the last year of this probationary period, no later than January 15th, Continuing Sessional

Faculty shall be reviewed by their Department Head and by the Dean who shall make a

recommendation to the President about their reappointment. Should the decision be negative, or

should the Department Head and Dean fail to concur on the question of reappointment, the

candidate shall have recourse to an appeals committee. The appeals commiltee shall consist of

three tenured members of the College and/or University communities, one to be named by the

appellant, one to be named by the College President, and the third, a Chairperson, to be agreed

upon by the fìrst two. The Chairperson shall vote only in the case of a tie. The appeals committee

shall render its decision, which shall be final, by May 1st.

After completion of the probationary period Continuing Sessional Faculty Members shall submit

Yearly Activities Reports and will be subject to periodic review of teaching performance.

lf an individual has been a Continuing Sessional Faculty Member and, within three years of holding

such a rank, is appointed to a tenurable position, service as a Continuing Sessional Faculty

Member may be counted toward the probationary period (see 5.1.1.2). ln such a case, 24 credit

units taught as a Continuing Sessional Faculty Member may count as the equivalent of one year ofqualifying service.

Collective Agreement 2O1 0-201 3 22

5.1.11.7

5.1 .'11.8

5.1.11.9

5.2

Salaries and Benefits

Salaries and ¡ncrements are described and defìned under 1 1.1.3. Normally, salaries will be paid

over 12 months. Continuing Sessional Faculty will be eligible for benefits described in 19.17. To be

eligible for fringe benefìts, Continuing Sessional Faculty will be required to have taught at least 12

credit units for the past two calendar years.

ln situations where courses offered by a department are taught by Continuing Sessional Faculty

and/or Sessional lecturers and tenure stream faculty are not available, Continuing SessionalFaculty shall enjoy seniority in their areas of competence based on the date of fìrst hire in theirdepartment. Any dispute in this matter is to be taken to the Consultation Committee. ContinuingSessional Faculty may take leaves of absence for up to two years without loss of seniority.

Regarding outside employment, Continuing Sessional Faculty must comply with Articles 11.2.1.1,

11.2.1.2, 11.2.1.5 and 11.2.1.6.

Tenure Defined

Tenure means the appointment of a faculty member or librarian to a permanent position on the

academic staff of the College from which one may not be separated without good and suffìcientcause.

Nomination and Award Procedures

Authority to Award Tenure

Tenure is granted only by the Board of Governors acting on recommendation from the President ofthe College. The decision of the Board is fìnal. The appeal procedure is outlined in Article 9.0.

Purpose of Tenure

Tenure is intended to guarantee academic freedom for the faculty member or librarian, including

freedom in research and the publication of its result, freedom in the teaching and discussion ofone's subject, and freedom from institutional censorship or discipline when one acts as aresponsible member of the academic community.(Refer to Article 3.5)

Tenure is not intended to protect the faculty member from withheld increments, withheld promotion,

dismissal or severance when cause can be shown, in accordance with agreed procedures, for any

of these actions.

Rights and Privileges

All rights and privileges associated with the holding of tenure are terminated i) at retirement, ii) at

resignation from a tenured pos¡tion (subject to the provisions of 5.1 .8.2), and iii) at the conclusion ofagreed procedures resulting in the separation of a faculty member or librarian from a tenuredposition (See Articles 21,22 and 24).

A faculty member shall not hold tenure unless it is granted in accordance with the procedures

outlined herein. Failure to observe these procedures shall not be construed as justification forgranting tenure to a candidate, nor shall it be construed as denying the candidate the rights

afforded herein.

Tenurable Positions

Tenure shall be granted only to faculty members holding full-time appointments as Professor,

Associate Professor, Assistant Professor, Lecturer, and Librarian.

5.3

5.3.1

5.4

5.4.1

5.5

5.5.1

5.6

Collective Agreement 201 0-201 3 23

5.6.1

5.6.2

Unless special arrangements are made at the time of appointment tenure shall not be granted to

persons who do not hold full-time appointments or whose academic salary is not normally paid in

full from the College's operating budget.

Tenure shall not apply to administrative appointments such as the offìces of Dean and Department

Head. However, a faculty member with tenure shall not relinquish his/her faculty tenure upon

receiving such an appointment.

PROCEDURES FOR RENEWAL OF PROBATIONARY APPOINTMENTS

Definition of Renewal

Each faculty member who holds a probationary appointment shall be considered for renewal during

the final year of the initial probationary appointment unless considered for tenure. Faculty

members who are considered for tenure are subject to the regulations for tenure (Article 7).

Criteria and Standards of Performance

The criteria to be considered for the renewal of a probationary appointment shall be the same as

for the award of tenure (see Article 7.3.0). The standard of performance shall be demonstrable

satisfactory progress toward meeting the standards for the award of tenure. For the denial ofrenewal, the case must be made that the candidate has failed to meet this requirement. Renewal

of a probationary appointment shall not be considered suffìcient grounds for granting of tenure.

Communication of Standards

The approved criteria and standards of performance for renewal of a probationary appointmentshall be communicated, in writing, to all probationary appointees at the time of their appointment.

Rules of Procedure

There shall be two case files: the Department Head's case file and the candidate's case file. The

Department Head is responsible for creating and completing the Department Head's case file. The

candidate is responsible for creating and completing the candidate's case fìle. The Department

Head's case file will include a letter of appointment, a record of meetings with the candidate, and

any other relevant material from the candidate's personal file. The Department Head will meet with

the Dean to add appropriate materials from the candidate's personalfìle (see Article 15) to the

Department Head's case file. The Department Head will invite the candidate to update documents if

necessary, and to submit any other material the candidate wishes to include, e.9., offprints ofpublications, citations for distinguished service, Yearly Activity Reports, etc. (e.9., Article 7.5.6) The

material submitted by the candidate forms the Candidate's case file and becomes part of the

Department Head's case file. Before it is presented to the Head of the Corresponding University

Department and to the Tenure and Promotion Committee, the candidate will have the right to

inspect the Department Head's case file in the presence of the Department Head, and one other

witness if the candidate so desires. The Department Head will withhold from the candidate any

letters of recommendation included in the Department Head case file, if there are any in the file.

Candidate's Case File

Candidates for renewal of probation will be responsible for creating and completing a candidate's

case file. The candidate's case file will include a teaching dossier, updated curriculum vitae,

research dossier, and yearly activities reports, in addition to other materials the candidate wishes to

include to demonstrate that satisfactory progress has been made with respect to the criteria

referred to in Article 6.1.1 and set out in Article 7.3.0.

6.0

6.1

6.1.1

6.2

6.1.2

6.2.1

Collective Agreement 201 0-201 3 24

6.3

6.2.2

6.2.3

Changes in Standards

Changes in criteria and standards shall not be applied retroactively.

Advising Probationary Candidates

By May 31 of each year, the Department Head shall meet with each faculty member holding a

probationary appointment in the department to discuss the faculty member's progress in meeting

the approved departmental or college standards for the award of tenure. By June 15, a written

statement setting out the assessment of the Department Head, on a form uniquely used for thispurpose, shall be transmitted in writing to the faculty member. This form shall be approved by the

Consultation Committee. lf deficiencies are noted, the statement shall identify the relevant

categories of the standards and shall suggest steps that the faculty member may take to rectify

such perceived deficiencies. The faculty member shall be entitled to provide a written response to

any statement made in the written assessment within one week (June 22). Given the formative

nature of the process, the written assessment by the Department Head and any written response

from the faculty member shall not be used as evidence in meetings of the candidate's committee or

the Tenure and Promotions Committee. The written assessment by the Department Head andany

written response from the faculty member shall be admissible as evidence in appeals but shall not

limit in any way the decisions of the appeal committees.

During the flnal year of the probationary appointment, the College Department Head shall meet

with the CUD Head to review the case file of the candidate. A written recommendation with

reasons will be forwarded to the Dean by the Head of the College department in consultation with

the Head of the corresponding University department (CUD). Before making a finaldecision the

Department Head must meet with the candidate and provide the candidate with a copy of the

written recommendation. lf the Department Heads are making a negative recommendation about

renewal of probation, the candidate must be given the opportunity to respond in writing to the

Tenure and Promotions Committee.

By December 1, the Dean shall inform the Chairperson and members of the Tenure and

Promotions Committee of the names of candidates for re-appointment with the appropriate

recommendations of the Department Heads.

Voting Procedure

The members of the Tenure and Promotions Committee shall observe the procedures of voting by

written ballot as outlined in Article 7 .4.5 ol the Tenure procedures. The vote in this case shall be in

response to the question: "Shall the appointment be renewed?"

Candidate to be informed

A candidate shall be sent written notice of the disposition of a decision on the renewal of aprobationary appointment, by the Chair of the Committee, within one week of the decision being

made. lf the decision is to deny renewal to the candidate, the advice shall include information on

the candidate's right of appeal and of the procedure to be followed by the candidate in initiating an

appeal. ln addition, the candidate shall receive from the Chair of that Committee a written

statement of reasons for the negative recommendation, including those of any subordinate

committee or committees which the senior committee judges to be valid and relevant. The

statement of reasons shall, by direct reference to those portions of the department's and/or

College's statements of standards, specify the standards that the candidate has failed to satisfy.

The statement shall also include a summary of the substantive information considered in the

candidate's case.

lf a recommendation is made not to renew a probationary appointment, the procedures outlined in

Article 7.8, 7.9, and 9.0 will be followed.

6.4

6.5

6.6

Collective Agreement 201 0-201 3 25

6.7

6.8

6.9

The candidate has a right to appeal a recommendation of the Tenure and Promotions Committee

following procedures in Article 9.

Grievance in the case of non-renewal of a Probationary Appointment

A grievance is subject to the limitations and procedures set out in Article 9.1 2.

Dates for Renewal of Probation

The following dates shall govern renewal of probationary appointment procedures:

(i) each year, by May 31, the Department Head shall have met with each candidate as

described in Article 6.2; (Note that, by June 15, the Department Head will have produced

a written assessment to which the faculty member will have one week to respond in

writing. Article 6.2 governs the use of these written materials.)

(ii) by July I of the final year of probation, the Department Head shall have advised the

candidate to update the candidate's case file and to provide such information as the

candidate wishes to introduce ín support of the candidate's own case;

(iiD by September I of that fìnal year of probation, the candidate shall have provided to the

Department Head the updated candidate's case file and such information as the candidate

wishes to introduce in support of the candidacy for renewal at the meeting of the

committee first considering it;

(iv) by November I of that final year of probation, the Department Head shall have met with

the CUD Department Head as required in Article 6.3 above and bring recommendations to

the Dean. By December 1 , the Dean shall inform the candidate of the recommendations

and brings the recommendations to the Tenure and Promotions Committee.

(v) by January 27 of that final year of probation, the Dean shall have convened a meetíng of

the Tenure and Promotions committee, and the committee shall have considered all cases

for renewal and transmitted, in writing, its positive recommendations to the President for

transmission to the Board;

(vi) by February 28, the President shall have advised all candidates for renewal of the

decision of the Board of Governors, except those whose cases are pending before the

Appeal committees;

No decision on renewal shall be set aside or reversed only because of a technical non-compliance

with the dates and times established by this section.

All members of the Tenure and Promotion Committee and all Corresponding University Department

Heads who are consulted as part of the process shall agree that the work of this Committee,

including all materials consulted and discussions engaged in, is confidential. All members of the

Tenure and Promotions Committee and all Corresponding University Department Heads who are

consulted as part of the process, shall be asked in writing by the Dean of St. Thomas More College

or the Dean's designate, to agree to the confidentiality of this committee.

PROCEDURES FOR THE GRANTING OF TENURE

Candidate's Committee

When a faculty member applies for tenure, promotion, or tenure and promotion at the same time,

the Appointments Committee will establish a Candidate's Committee to make an appropriate

7.0

7.1

ô.10

Collective Agreement 2010-2013 26

recommendation on granting tenure and/or promotion. The Candidate's Committee shall consist ofthe following persons, who shall have full voting powers in all cases except as noted below:

¡) A Chairperson to be chosen by the Appointments Committee;

ii) The Head of the College Department to which the candidate belongs;

iii) all the tenured members of the College department [in cases of promotion, only tenured

members of a higher rank than the candidate may vote on the promotion decisionl;

iv) the Head of the corresponding University department;

v) one tenured member from another department in the College of a higher rank than the

candidate, to be chosen by the head of the department from a list of three members to be

submitted by the candidate [in cases of promotion, all members nominated to serve must

be of a higher rank than the candidatel;

vi) lf the number of full voting members from STM on the committee as provided is fewer than

flve, then faculty of other College departments will be added by the Appointments

Committee to reach a minimum of five full voting members from STM.

7.2.0 The Dean shall inform the President of St. Thomas More, the President of St. Thomas More

Student Union and the Head of the Corresponding University Department by September 15 of the

names of faculty members eligible for tenure in that academic year.

7.2.1 The Chair for the Candidate's Tenure Committee shall invite to its membership a student consultant

without voting powers, except on procedural matters, from the St. Thomas More Students' Union.

The student's function is to aid the Committee in its task of giving due consideration to the student

viewpoint as expressed in the evidence provided in the candidate's case file.

7.2.2 A member of the Students' Union should attend at least one meeting of the Candidate's Tenure

Committee and view the documents within the Candidate's case fìle relating to teaching and

activities involving students in order to discuss the student viewpoint on the granting of tenure.

7.2.3 The invitation to the STMSU will be extended by the Chair by October 1Sth. lf the STMSU elects

not to participate in the process within the required timeline, the tenure proceedings will go on

without student participation.

7.3 Criteria for Tenure

i) Academic credentials (degrees, diplomas, professional qualifìcations etc.);

ii) teaching ability and performance;

iii) knowledge of the discipline and field of specialization;

iv): a) research and scholarly work or b) practice of professional skills;

v) satisfactory professional conduct;

vi) contributions to:

a) administrative responsibilities of his/her department, college or the university and

b)extension responsibilities

vii) contributions to academic or professional bodies and service to College, public, and religious

organizations.

Collective Agreement 2010-201 3 27

7.3.1

7.4

7.4.1

7.4.2

7.4.3

7.4.3.1

7.4.3.2

7.4.3.3

The weight given to the criteria varies according to standards for the different ranks (see Policy,

Article 1 1.2.0 - 1 1.2.3).

Communication of Standards

The approved criteria and standards of performance for tenure shall be communicated, in writing,

to all probationary appointees at the time of their appointment.

Rules of Procedure

Changes in Standards

Changes in criteria and standards of performance shall not be applied retroactively.

Advising Probationary Candidates

By May 31st of each year, the Department Head or Dean or Dean's designate shall meet with each

faculty member holding a probationary appointment in the department to discuss the faculty

member's progress in meeting the approved departmental or college standards for the award oftenure. By June 15, a written statement setting out the assessment of the Department Head, on a

form uniquely used for this purpose, shall be transmitted in writing to the faculty member. This form

shall be approved by the Consultation Committee. lf deficiencies are noted, the statement shall

identify the relevant categories of the standards and shall suggest steps that the faculty member

may take to rectify such perceived deficiencies. The faculty member shall be entitled to provide a

written response to any statement made in the written assessment within one week (June 22).

Given the formative nature of the process, the written assessment by the Department head and any

written response from the faculty member shall not be used as evidence in meetings of the

candidate's committee or the Tenure and Promotions Committee. The written assessment by the

Department Head and any written response from the faculty member shall be admissible as

evidence in appeals but shall not limit in any way the decisions of the appeal committees.

Voting Procedures

Each member of the Candidate's Committee, including the Chairperson, shall have one vote but

Committee members may vote only if they are in attendance at a properly called meeting.

The decision to recommend tenure shall be by a simple majority vote of those present and eligible

to vote. Voting shall be made by secret ballot in response to the question, "Shall tenure begranted?" and the reasons for, against, or abstention from the question shall be placed on the

ballot. No member shall exercise a vote at more than one level of the tenure procedure. The

number of abstentions, if any, shall be recorded. These ballots shall be incorporated into the

candidate's dossier for consideration by the nen level committee. Ballots shall be destroyed by the

President of the College after the Board of Governors has acted upon the recommendation for or

against tenure, províding the candidate has not appealed the decision. ln case of an appeal the

ballots shall be destroyed after the Board of Governors has acted upon the appeal.

Candidate to be informed

The Chair of the Candidate's Committee shall send the candidate written notice of the disposition of

a tenure decision within one week of the decision being made. lf the decision is to recommend that

tenure be denied to the candidate, the candidate shall receive from the Chair of his/her Committee

a written statement of reasons for the negative recommendation. The statement of reasons shall

specify the standards which the candidate has failed to satisfy. The statement shall also include a

summary of the substantive information considered in the candidate's case.

Collective Agreement 201 0-201 3 28

7.4.4

7.4.4.1

7.4.4.2

7.4.4.2.1

7.4.4.2.2

7.4.4.2.3

7.4.4.2.4

7.4.4.2.5

7.4.4.2.6

7.4.4.2.7

7.4.4.2.8

lnformation and Committee Procedure

There shall be two case files: the chairperson's case file and the candidate's case file. The

Chairperson of the Candidate's Committee is responsible for creating and completing the

chairperson's case fìle. The candidate is responsible for creating and completing the candidate's

case file. The chairperson's case file will include official transcripts of the candidate's academic

record, a curriculum vitae, and letters of recommendation submitted on the candidate's behalf in

connection with appointment or promotion. The Chairperson will meet with the Dean to add

appropriate materials from the candidate's personal flle (See Article 15) to the chairperson's case

fìle. The Chairperson will invite the candidate to update documents if necessary, and to submit any

other material the candidate wishes to include e.9., offprints of publications, citations fordistinguished service, Yearly Activity Reports, etc. (e.9., Article 7.5.6). The material submitted by

the candidate forms the candidate's case fìle and becomes part of the chairperson's case fìle.

Before it is presented to the committee, the candidate will have the right to inspect the

Chairperson's case fìle in the presence of the Chairperson, and one other witness if the candidate

so desires. The Chairperson will withhold from the candidate any letters of recommendation

included in the chairperson's case fìle. The Chairperson will circulate the chairperson's case f¡le

among the committee members.

Dean's Files

The Dean may add to the chairperson's case file written material and/or a summary of written

material that has been collected within the Dean's office as part of the duties of that offìce.

Written material will summarize relevant circumstances of an incident and any evidence to support

the reporting of the incident, such as a signed complaint. lf more than one incident has occurred

the Dean may write up a summary of the incidents. Documentation of the candidate having been

notifìed of the circumstances included in the written material or a summary of the written material

must be included whenever written material or a summary of the written material is placed in the

chairperson's case file. Whenever possible such written material or summaries of written material

should be provided to a faculty member on a timely basis at or near to the time when an incident

has occurred.

When signed complaints are not included in the summary of evidence, the signed complaint must

be presented to the Union along with a nondebatable rationale for it not being included. Theparties will hold the signed complaint in confidence.

Whenever possible, the written material or a summary of the written material submitted by the

Dean to the Chairperson's Case File must be provided to the candidate no later than October 15.

Candidates will have the right to reply to the Dean's written material or summary of the written

material. Any reply shall also be submitted to the Chair of the Candidate's Tenure Committee no

later than October 30 and included in the Chairperson's Case File.

The written material may include signed letters from individuals and/or documentation of an

investigation originating with a signed incident statement.

No anonymous material shall be included in the written material or a summary of the written

material.

Written material added by the Dean to the Chairperson's case file may include documentation ofcircumstances that have taken place between the date of fìrst hire up to the point at which the

Chairperson's Case file is deemed complete. Any additional written documentation to be added

after this time will be subject to the provisions of Article 7.7.2.

Collective Agreement 201 0-201 3 29

7.4.4.3

7.4.4.4

7.4.4.5

7.4.4.6

7.4.5

The Candidate's Committee shall meet to consider the material in the chairperson's case file and

decide whether it is complete. lf the committee decides that further information is required, the

chair shall be instructed to obtain the information promptly.

Once the Candidate's Committee determines that it is complete, the chairperson's case fìle will be

provided to the Head of the Corresponding University Department. The recommendations of the

Head of the corresponding University department, the recommendations of tenured members of

that department, or the recommendations of the University Department's Tenure Committee, shall

be given in writing to the St. Thomas More Candidate's Committee, the candidate (on request), and

the St. Thomas More College Tenure and Promotions Committee.

The Chairperson shall make certain that the Faculty Council requirements concerning student

consultation (7.2 above) have been observed.

The Chairperson shall transmit to the St. Thomas More College Tenure and Promotions Committee

recommendations for the award of tenure. This shall be done in writing and the numerical vote for

each recommendation shall be recorded. The reasons for recommending or not recommending

tenure and the summary of information on which these are based shall be given in the report of the

Candidate's Committee. Each faculty member whose case is being considered shall be advised in

writing by the Chairperson of the recommendation being made to the College.

Dates for Tenure Procedures

The following dates shall govern tenure appointment procedures:

(i) each year, by May 31, the Department Head or Dean shall have met with each candidate

as described in Article 7.4.2; (Note that, by June 15, the Department Head will haveproduced a written assessment to which the faculty member will have one week torespond in writing. Article7.4.2 governs the use of these written materials.)

(ii) by July 1 of the final year of probation, the Dean or designate shall have advised the

candidate to provide such information as the candidate wishes to introduce in support of

the candidate's own case;

(i¡i) by September I of that final year of probation, the candidate shall have provided to the

Dean or designate such information as the candidate wishes to introduce in support of the

candidacy for tenure at the meeting of the committee flrst considering it (see Article7.4.4.1);

(¡v) by September 30, the Appointments Committee will have established the Candidate's

Committee;

(v) by October 31, the chairperson's case file must be complete and the Candidate'sCommittee will have met; (note that the candidate may have reviewed his or her

chairperson's case fìle prior to this time as set out in Article 7.4.4.1)

(vi) by December 15, the chairperson of the Candidate's Committee shall have transmitted

recommendations concerning tenure to the Tenure and Promotions Committee as

required in Article 7.4.4.5:

(vii) normally, by January 27 of that final year of probation, the Dean shall have convened ameeting of the Tenure and Promotions committee, and the committee shall have

considered all cases for tenure and transmitted, in writing, its positive recommendations to

the President for transmission to the Board;

Collective Agreement 201 0-201 3 30

(viii) by February 28, the President shall have advised all candidates for tenure of the decision

of the Board of Governors, except those whose cases are pending before the Appeal

committees;

No decision on tenure shall be set aside or reversed only because of a technical non-compliance

with the dates and times established by this section.

7.5 Methods of Evaluating a Candidate's Ability as a Teacher

7.5.0 Good teaching is expected of all faculty at STM. University level teaching requires more than

classroom performance. lt also requires mastery of subject matter, thorough preparation of classes,

effective communication with students, a willingness to respond to students' questions and

concerns and to exhibit fairness in evaluating students.

7.5.1 Teaching evaluation will involve both peer and student evaluations and will be obtained on an

ongoing basis. The Department Head or the Dean will coordinate these evaluations and will

ensure consultation with the candidate to ensure that all committees have the necessary

information upon which to base a decision.

7.5.2 Peer evaluation will be based on a peer evaluation form approved by STM Faculty Council and will

require the visit of at least two sessions of the same class to ensure that an adequate assessment

has been made.

7.5.3 Student evaluations will be based on questionnaires approved by the STM Faculty Council and

written appraisals signed by students (See Article 7.5.8).

7.5.3.1 Student evaluation questionnaires shall be administered for this purpose according to the practice

determined by Faculty Council Guidelines. A summary, including an interpretation of numeric

results and any subjective comments will be prepared by a faculty member appointed by the Dean

in consultation with the Department Head.

7.5.3.2 Written appraisals, signed by students, may be solicited by the Department Head or Dean. lfbased on a specific course, the number of students enrolled in the course will be provided.

7.5.4 Candidates will be provided with copies of peer and student evaluations in suffìcient time to

comment in writing on them.

7.5.5 No anonymous material shall be introduced or considered except for student course evaluations as

allowed in 7.5.3.1 above.

7.5.6 Candidates will prepare a teaching dossier or fìle outlining their teaching duties (year, courses and

areas and enrolment), honours and graduate teaching and supervision when applicable, a

statement of their teaching philosophy, and copies of student and peer evaluations. They may also

include information on new teaching initiatives, new courses and/or programs developed, and new

teaching methods.

7.5.7 ln assessing teaching and peer evaluation materials submitted as part of the teaching dossier,

committee members shall take into account (where applicable):

i) the size, type ( seminar, lecture, laboratory, interdisciplinary, etc.) and level of each

course taught

ii) the nature of the subject matter in each course;

iii) the experience of the instructor with each course;

Collective Agreement 201 0-201 3 31

iv) the number of new and/or original course preparations taught by the instructor during theperiod under review;

v) the role of the instructor (e.9., instructor's goals) and the method of delivery in each

course;

vi) the quality and utility of pedagogical materials prepared by the member for each class;

vii) in the case of student questionnaires: the number of students in each class whocompleted the evaluation tool, the spread of ratings as well as the average for each class,

and the relative position of the instructor's scores as compared to other instructors at St.

Thomas More College teaching similar levels of courses; and

viii) the purpose (e.9. formative or evaluative) for which the evaluations in each class were

gathered.

7.5.8 ln addition to peer and student evaluations identified above, a candidate may include othermaterials in support of teaching such as a sample of lecture notes and lecture plans, bibliographies,

learning aids, signed testimonials, and other materials agreed to by the Committee Chair.

7.6 Demonstration of Satisfactory Performance

A positive case shall be made that the candidate has performed his/her duties satisfactorily,

according to tenure criterla and standards, before tenure is granted. A failure to demonstrateunsatisfactory performance shall not be suffìcient grounds for granting tenure. (See Policy 11.4.0)

7.6.1 A faculty member being considered for tenure has the right to submit a written statement to any

committee dealing with his/her application for tenure and to appear before ít to speak to

unfavourable recommendations made by Department or College Tenure Committees and by

related University Department Heads or Deans.

7.6.2 lf any committee dealing with the candidate's application for tenure considers information which

could lead to the reversal of a favourable tenure recommendation made by any other committee, it

must give the candidate a chance to respond.

7,7.0 Tenure and Promotions Committee

The St. Thomas More College Tenure and Promotions Committee shall consist of 1) a Chairperson

elected by the Faculty Council, who shall be chairperson of the committee without vote unless

necessary to break a tie vote, 2) two elected tenured representatives of the Faculty Council (see

note below), 3) the Dean of St. Thomas More College, 4) the Dean of the College of Arts and

Science, or designated representat¡ve, 5) one member of the College of Arts and Science Review

Committee, and 6) two observers without vote:

i) A dean from a University of Saskatchewan college other than a College of Arts and

Science, designated by the President of the University who shall be able to speak but not

vote,

ii) A representative of the STM. Faculty Union appointed by its executive whose comments

shall be limited to procedural matters.

Note: The two elected tenured representatives of Faculty Council will serve two-year overlapping

terms. Ordinarily people who must be considered for promotion should not serve on the committee

during that year.

Collective Agreement 201 0-201 3 32

7.7.1

7.7.2

7.7.3

7.7.4

7.7.5

The Dean or designate shall convene a meeting of the Tenure and Promotions Committee to

receive and consider recommendations from the Candidate's Tenure Committee in sufficient time

for a decision to be made on the award of tenure by January 27.

lf, in the judgment of the Chairperson, new information is to be received and considered by the

Tenure and Promotions Committee or any other tenure committee, the candidate and the Head of

the candidate's College Department shall be so advised and supplied with a written summary. New

information shall be defined as (i) recent information or (ii) information that had not been known at

the time of the completion of the Chairperson's case fìle.

The decision to recommend tenure shall be by a simple majority vote of those present and eligible

to vote. Voting shall be made by secret ballot in response to the question "Shall tenure be

granted?" The reasons for, against or abstention from the question shall be placed on the ballot.

No member shall exercise a vote at more than one level of the tenure procedures. These ballots

shall be incorporated into the candidate's dossier for consideration by the next level committee.

Ballots shall be destroyed by the President of the College after the Board of Governors has acted

upon the recommendation for or against tenure, providing the candidate has not appealed the

recommendation. ln the case of an appeal, the ballots shall be destroyed after the Board ofGovernors has acted on the appeal.

ln the case of a split vote, that is a vote of 3 to 2 either way, the Chairperson of the committee shall

draw the case to the attention of the President of the College and to the attention of the President

of the University of Saskatchewan.

ln the event of a positive vote by the Tenure and Promotions Committee, the recommendation shall

be sent to the President who shall review the files before sending them to the President of the

University, or shall review them with the President of the University. lf any new information is to be

received and considered by either of the two Presidents the candidate and the Head of the College

department shall be so advised wíth a written summary. (New information shall be defìned as (i)

recent information or (ii) information that previously had not been known at the time of the meeting

of the Tenure and Promotions Committee). The President of the University shall make his or her

recommendations on the award of tenure to the President of STM no later than February 15. The

President of STM shall advise the candidate and Head of the candidate's College department of

the recommendation to be made to the Board.

ln the event of a negative vote by the Tenure and Promotions Committee, the President shall meet

with the President and Vice President Academic of the University, who shall constitute the

President's Review Committee. This Committee shall review all aspects of the case. The

candidate shall be informed of the result of this review by February 15,

The candidate may appeal a negative vote of the Tenure and Promotions Committee, if upheld by

the Presidents' Review Committee (Article 7.8) by following the procedures specified in Article 9.0.

ln case of a review under 7.9, the Board decision will be communicated in writing by March 15.

Withdrawal

A candidate may withdraw from consideration for tenure at any point in the process up to one week

following receipt of notification of the decision of the Tenure and Promotion Committee. A

candidate being considered in the final year of probation may not withdraw.

All members of the Candidate's Committee shall agree that the work of this Committee, including

all materials consulted and discussions engaged in, is confidential. All members of the Candidate's

Committee shall be asked in writing by the Dean of St. Thomas More College or the Dean's

designate, to agree to the confidentiality of this Committee.

7.8

7.9

7.10

7.11

7.12

Collective Agreement 201 0-201 3 33

8.0 PROCEDURES FOR PROMOTION

8.1 By September 1st the faculty membe(s) shall inform their Department Head and the Dean that

they wish to be considered for promotion.

8.2 Candidate's Promotion Committee

8.2.1 The composition of the Promotions Committee is specified in Article 7.1 .

8.2.2 When the Department Head is considered for promotion the Appointments Committee will be

charged with appointing the candidate's committee.

8.2.3 When the Dean is considered for promotion the President in consultation with the AppointmentsCommittee will be charged with appointing the candidate's promotion committee.

8.3 The Dean of St. Thomas More College shall inform all faculty members eligible for promotion of the

various resources available to document their cases.

8.4 An employee may be considered for promotion to the next rank in any year.

8.4.1 Early Promotion

A faculty member in the rank of Lecturer, Assistant Professor, or Associate Professor may be

considered for promotion to the next rank in any year.

8.5 Criteria for Promotion

ln order to qualify for promotion, the candidate will be assessed on all seven criteria outlined in

Article 1 1.2.0 of the document entitled "Criteria, Methods and Standards for the Award of Tenure

and Promotion." Of these the greatest weight will be given to ii) teaching ability and performance,

followed by iv) research and scholarly work. Contribution under vi) and vii) may to some extent

make up for weaknesses in iv) but cannot substitute for iv).

8.6 lnformation and Committee Procedures

There shall be two case files; the chairperson's case file and the candidates case file. TheChairperson of the candidate's Committee is responsible for creating and completing the

chairperson's case file. The candidate is responsible for creating and completing the candidate'scase file. The material submitted by the candidate forms the candidate's case fìle and becomespart of the chairperson's case file. The following regulations shall govern the preparation,

recording, and admissibility of information for promotion review committees (except for the

Promotions Appeal Committee).

8.6.1 Advising Candidates for Promotion

A faculty member may consult with the Dean of the College regarding progress in meeting the

approved college criteria for promotion. lf requested by the faculty member, a record of the

meeting shall be given to the faculty member and kept by the Dean. The faculty member will then

acknowledge receipt in writing.

8.6.2 Candidate's Case File

Candidates shall update their case file by September 1. This fìle shall include an up-to-date

curriculum vitae, transcripts, proof of degrees and evidence pertaining to teaching, research, and,professional and community service.

Collective Agreement 201 0-201 3 34

8.6.5

8.6.2.1

8.6.2.2

8.6.3

8.6.4

8.6.6

8.6.6.1

8.6.6.2

The Dean, or designate, in consultation with the candidate, shall complete the chairperson's case

file by gathering further information and documentation which the committee shall use when

considering the candidate for promotion. This will include, when applicable, letters of reference and

assessment solicited either by the candidate or the Dean but mailed to the Dean. No anonymous

material will be included other than the student teaching evaluations specified in 7.5. ln the case ofpromotion to full professor, this will include letters solicited at arm's length from external referees.

This is then a confidential file. (See Policy I 1.3.0)

This confìdential chairperson's case fìle shall be prepared for each candidate to be considered forpromotion. The file will also contain all information received and considered and a record of all

recommendations reached by each Committee. After the Board of Governors' decision has been

made and there is no appeal, the President shall destroy the fìle other than the letters of reference

or evaluation, transcripts and teaching evaluations which will be placed in the personal file of the

candidate.

ln preparing one's case for promotion, a candidate must include student and peer evaluation ofteaching as set out in section 7.5.

Before it is presented to the Committee, the candidate will have the right to inspect the

Chairperson's case file in the presence of the Chairperson, and one other witness if the candidate

so desires. The Chairperson will withhold from the candidate any letters of recommendation

included in the chairperson's case file. The Chairperson will circulate the chairperson's case fìle

among the committee members.

A statement setting out the Candidate's Committee's assessment of the case for promotion shall be

transmitted by the committee chair in writing to the candidate by December 1Sth. This statement

shall be admissible as evidence, but shall not limit in any way the recommendations of the Tenure

& Promotions Committee.

Consultation with Arts and Science

Once the Candidate's Committee determines that it is complete, the chairperson's case file will be

provided to the Head of the corresponding University Department. The recommendations of the

Head of the corresponding University Department, the recommendations of tenured members ofthat department, or the recommendations of the University Department's Promotions Committee,

shall be given in writing to the St. Thomas More Candidate's Committee, the candidate (on

request), and the St. Thomas More College Tenure and Promotions Committee. ln the case of the

Dean, the President will provide the chairperson's case fìle to the corresponding University

Department as described above.

A copy of any recommendation concerning the application for promotion of a faculty member made

by the corresponding University department at any stage of the process shall be given in writing to

the faculty member concerned.

Dates for Promotions cases

The following dates shall govern procedures for promotion cases:

(i) by July 1, the Dean or designate shall have advised the candidate to provide such

information as the candidate wishes to introduce in support of the candidate's own case,

(ii) by September 1, the candidate shall inform the Dean or designate that he or she wishes

to be considered for promotion and shall have provided to the Dean or designate such

information as the candidate wishes to introduce in support of the candidacy for promotion

at the meeting of the committee first considering it (see Article 8.6.2),

8.7

Collective Ag reement 201 0-201 3 35

(iii) by September 30, the Appointments Committee will have established the Candidate's

Committee;

(iv) by October 31, the Chairperson's case fìle must be complete and the Candidate's

Committee will have met; (Note that the candidate may have reviewed his or her

chairperson's case file prior to this time as set out in Article 8.6.4);

(v) by December 15, the chairperson of the Candidate's Committee shall have transmitted

recommendations concerning promotion to the Tenure and Promotions Commitlee;

(vi) normally, by January 27 ,lhe Dean or designate shall have convened a meeting of the

Tenure and Promotions committee, and the committee shall have considered all cases forpromotion and shall have transmitted, in writing, within three days, its recommendations to

the President for transmission to the Board;

(vii) by February 28, the President shall have advised all candidates for promotion of the

decision of the Board of Governors, except those whose cases are pending before the

Appeal committees;

(viii) by February 28, the President shall have advised all candidates for promotion of the

decision of the Board of Governors, except those whose cases are pending before the

Appeal committees;

No decision on tenure shall be set aside or reversed only because of a technical non-compliance

with the dates and times established by this section.

8.8 Tenure and Promotion Committee

8.8.1 The St. Thomas More College Tenure and Promotions Committee will meet yearly to review

recommendations for tenure, promotion, career development increases, or special salary

increases.

8.8.2 The committee shall make its recommendation regarding promotion utilizing accepted criteria forpromotion (see 8.5 above). ln making their recommendations, they shall utilize information from

the faculty member's fìle.

8.8.3 The composition of the Tenure and Promotions committee and its voting procedures shall be found

in 7.7 .0. lf the Dean is being considered for promotion, the Chair of his or her Candidate'sCommittee shall serve as a voting member of this committee. The decision to recommendpromotion shall be by simple majority vote of those present and eligible to vote. Voting shall be by

secret ballot, and each member shall indicate on the ballot the reasons why he or she voted for or

against promotion, or why he or she abstained. No member shall exercise a vote at more than one

level of the promotion procedures. The number of abstentions, if any, shall be recorded. These

ballots shall be incorporated into the candidate's dossier for consideration by the next level

committee. Ballots shall be destroyed by the President of the College after the Board of Governors

has acted upon the recommendation for or against promotion, providing the candidate has not

appealed the decision. ln case of an appeal the ballots shall be destroyed after the Board ofGovernors has acted on the appeal.

8.8.4 ln case of a split vote, that is a vote of 3 to 2 either way, the Chairperson of the committee shall

draw the case to the attention of the President of the College and of the President of the University

of Saskatchewan.

Collective Agreement 20 1 0-201 3 36

8.9.'l

8.9.2

8.10

8.11

8.12

9.0

9.1

Candidate to be lnformed

The Chair of the Tenure and Promotion Committee shall send the candidate written notice of the

disposition of a promotion decision within one week of the decision being made. lf the decision is

to recommend that promotion be denied to the candidate, the notice shall include information on

the candidate's right of appeal and the procedure to be followed by the candidate in initiating an

appeal (see Añicle 9.0). ln addition, the candidate shall receive from the Chair of the Tenure and

Promotion Committee a written statement of the reasons for the negative recommendation,

including those of the Candidate's committee which the Tenure and Promotion Committee judges

to be valid and relevant. The statement of reasons shall specify the standards which the candidate

has failed to satisfy. The statement shall also include a summary of the substantive information

considered in the candidate's case.

Reasons for Denial

The recommendations, along with the reasons, of the St. Thomas More College Tenure and

Promolions Committee shall be communicated in writing to the appropriate college department

head by the Chairman of the Committee. The Department Head shall be responsible for ensuring

that the Head of the corresponding University department is informed of the committee'srecommendations, and the reasons, in writing, within three days of receiving a copy of the

recommendation from the Chairperson of the Committee.

Recommendations of this committee shall be sent to the President of St. Thomas More College

who shall review the files before sending them to the President of the University, or shall review

them with the President of the University. lf any new information is to be received and considered,

the candidate, the Dean and the Head of the candidate's College department shall be so advised

and supplied with a written summary. New information shall be deflned as (i) recent information or(ii) information that previously had not been known at the time of the meeting of the Tenure and

Promotions Committee.

The candidate may appeal a negative recommendation of the Tenure and Promotions Committee

before it is sent to the Board by following the procedures specified in Article 9.0. This appeal shall

be made in writing within ten days of receiving the information specified in Article 8.9.2.

APPEALS PROCEDURE FOR RENEWAL OF PROBATION, TENURE, AND PROMOTION

There shall be an Appeals Committee composed of four tenured faculty members of the College or

University, none of whom may be, or have been, during the same academic year, a member of the

College Tenure and Promotions Committee or the Candidate's Tenure Committee.

One of the members of the aforesaid Committee shall be named by the appellant, a second by the

President of the College, and a third by the President of the University. ln addition, a chairperson

shall be selected by mutual agreement of the President of the College and the President of the

Union.

A faculty member who wishes to appeal an unfavourable recommendation of the Tenure and

Promotions Committee must notify the President in writing within ten days after being notified of the

completion of procedures outlined in Article 6.6 for Renewal of Probation, in Article 7.8 in the case

of Tenure or of Article 8.9.2 in the case of Promotion. The appeal must include a statement ofreasons why the unfavourable decision should be reversed, and should indicate the person the

appellant wishes to represent him/her on the Appeals Committee.

On receipt of the notification described in 9.3, the President will transmit copies to the Chair of the

Board, the President of the Union, and the President of the University of Saskatchewan. The

parties shall appoint their representatives to the Appeals Committee within 14 days.

9.2

9.3

9.4

Collective Agreement 201 0-201 3 37

9.5 lt shall be the duty of the Appeals Committee to review the substance of the College Tenure and

Promotions Committee's recommendation with respect to the appellant, it shall consider the

appellant's submission; shall invite the appellant to appear before it; it shall also invite the President

or his or her delegate to appear before it.

9.6 Further, it shall be the duty of the Appeals Committee to ensure that in reaching any decision it is

maintaining the standards with respect to tenure and promotion contained in the Faculty

lnformation Handbook.

9.7 The Appeals Committee shall meet at the call of the chairperson and shall conduct its business

with dispatch. lt shall determine the appeal by simple majority vote. The Chairperson shall vote

only in the case of a tie. ln cases involving the renewal of probation or tenure, the Appeals

Committee shall have the authority to recommend renewal or tenure, deny renewal or tenure, orrecommend an extension of probation up to a maximum of two years. lf a previous AppealsCommittee has extended an employee's probation, the subsequent Appeals Committee shall only

have the authority to recommend the denial or the award of tenure.

9.8 The decision of the Appeals Committee shall be fìnal, and no further appeal with respect to the

same decision shall be entertained. The chairperson shall send a written copy of the decision with

reasons to the appellant, the President, the Chair of the Board, the President of the University, and

the President of the Union.

9.9 The President shall present the decision of the Appeals Committee to the Board.

9.1 0 ln the event that the Appeals Committee is unable to reach a decision within 90 days after the

appeal is filed, the appeal shall be deemed to be upheld.

9.11 At any time prior to the Committee's reaching a decision, the appellant may withdraw the appeal,

by notifying the chairperson of the Committee in writing of such desire, and on receipt of such

notifìcation the chairperson shall forthwith terminate the proceedings of the Committee. The

appellant may not subsequently rescind his or her decision to withdraw.

9.12 Grievances for the Denial of Renewal of Probation, Tenure, or Promotion

9.12.1 A grievance may be made in the case of the denial of tenure on only four grounds:

i) that proper procedures have not been followed; or

ii) that Article 3.0 on Academic Freedom has been violated; or

i¡¡) that Article 4.0 on Non-Discrimination has been violated; or

iv) that the Board has reversed a positive recommendation from the Tenure and Promotions

Committee or the President's Review committee (Alicle 7.8).

9.12.2 The Grievance Committee or Arbitrator shall have the power to prescribe such remedies as it sees

fit, subject to the following limitations:

i) ln the event that the Grievance Committee or Arbitrator determines that proper procedures

were not followed, it may order that the matter be reconsidered but shall not overturn the

decision on this ground;

ii) in the event that the Grievance Committee or Arbitrator determines that Article 3.0(Academic Freedom) or Article 4.0 (Non-Discrimination) has been violated, it shall so

declare, and it may order that the matter be reconsidered but shall not overturn the

decision on these grounds;

Collective Agreement 201 0-201 3 38

¡ii) in the event that the Board has reversed a favourable recommendation from the Tenure

and Promotions Committee or a President's Review Committee, the Grievance Committee

or Arbitrator may order the renewal of probation, or the award of tenure or promotion;

iv) the Grievance Committee or Arbitrator shall be empowered to extend a candidate'sprobationary period by a reasonable length of time to permit reconsideration of the

candidacy for tenure if so ordered under the provisions of this section.

9.13 All members of the Appeals Committee shall agree that the work of this Committee, including all

materials consulted and discussions engaged in, is confidential. All members of the Appeals

Committee shall be asked in writing by the Dean of St. Thomas More College or the Dean's

designate, to agree to the confìdentiality of this committee.

10.0 Contents now in Article 24. (Save number for future use)

1I.O SCHEDULES OF RANKS AND SALARIES

Employees shall be paid salaries according to the Schedule of Ranks and Salaries, following the

rules and policies in effect at the University of Saskatchewan, in accordance with the general

principle affirmed in Article 1.5.

11.1 Schedule of Ranks

11.1 .1 Full{ime faculty members shall be classified in accordance with the following schedule of ranks:

Academic Ranks: ProfessorAssociate ProfessorAssistant ProfessorLecturerlnstructor

Each of these ranks may be further designated 'with limited term', 'without term', or 'visiting'.

Librarian: Librarian lVLibrarian lllLibrarian ll

Librarian I

Each of these ranks may be further designated 'with limited term' or'visiting'.

11.1 ,2 Sessional Levels

Level I Sessional lecturers who have accumulated less than 30 credit units teaching at

St. Thomas More College will be placed in Level l.

Level ll Sessional lecturers who have accumulated 30 or more credit units, but less than

60 credit units, teaching at St. Thomas More College will be placed in Level ll.

Level lll Sessional lecturers who have accumulated 60 or more credit units teaching at St.

Thomas More College will be placed in Level lll.

Mid-course adjustments will occur if a sessional lecturer reaches the service equivalent to the next

level while teaching a 6 credit unit course.

11.1 .3 For each St. Thomas More course taught the remuneration for a part-time faculty member in an

appointment without term shall be the salary appropriate to his/her rank, in proportion to his/her

teaching load in relation to the regular teaching load of that department.

Collective Agreement 201 0-201 3 39

11.1.4 See Appendix 1 Schedule of Retroactive Pay Adjustments

Schedules 1 & 2 Schedule of Ranks and Salaries, July 1,2007 to June 30, 2008; July 1, 2008 to

June 30, 2009.

11.1 .4.4 Other Compensation: Accountable Professional Expense Account

With regard to Policy Section 5.3.0, 5.4.0, and Agreement Article 19.10, the rate for Accountable

Professional Expense Account will be $1 ,650 effective July 1 ,2002, and $1 ,850 effective July 1,

2003.

1 1 .1 .5 Career Development lncrease shall have values as listed in the Schedule of Salaries.

11.1.6 The number of Career Development lncreases in each rank shall be as listed in the Schedule ofSalaries.

11.1 .7 When a faculty member is denied promotion or does not seek promotion, he/she shall receive the

appropriate increment or partial increment until the overlap ceiling is attained.

11.1 .8 When the faculty member is promoted from one rank to another (except in the case of promotion to

the rank of Professor) the salary increase will be not less than an amount equal to the sum of thegeneral scale adjustment plus the regular increment of the rank from which promoted.

11.1 .9 A Special lncrease normally having value equal to .25, 0.5, .75, or 1.0, times the value of a CareerDevelopment lncrease may be awarded to a faculty member.

11.1.10 Payment of Salaries

Faculty members shall be paid salaries only in accordance with the Schedule of Ranks, the

Schedule of Salaries, and Overload Remuneration except that effective July 1 , 1991 , where afaculty member has reached the ceiling of the rank of Lecturer, Assistant Professor, or Associate

Professor, and has not been promoted, any Special Grant awarded in accordance with Article 12

shall be added to his or her incremental salary. For full professors, the special grant is added to the

base of salary.

11.1.11 Salaries shall be paid by cheque or electronic deposit on the last banking day of the month in which

they have been earned.

11.1 .12 Overload Remuneration

A faculty member shall be compensated at the rate prevailing at the University for teaching either:

i) a full class outside the academic years, such as those at Summer School or lntersession,

or

¡i) an extra full class during the academic year.

The stipend for a class less than a full class shall be calculated on a pro rata basis.

11.1 .13 Salaries of Faculty Members on Leave

Faculty members on sabbatical leave shall receive the salary adjustments as provided in 12.1 and

12.2. Faculty members on other leaves are eligible to be considered for career development

increases, special grants and promotions, and shall receive the benefit of any general scale

adjustments authorized during the period of leave.

Collective Agreement 201 0-201 3 40

11 .2.1.1

11.2.1.2

11.2.1.3

11.2.0

11.2.1

11 .2.1.4

11.2.1.5

Outside Professional Activities

Outside Employment

The nature of the professional competence of many members of the teaching faculty and the

librarian affords the opportunities for the exercise of that competence outside the member's regular

college duties, on both remunerative and non-remunerative bases. Recognizing that such

professional activities can bring benefits to enhance the reputation of the College and the capacity

of faculty, the College agrees that faculty have the right to engage in part-time professional

activities paid or unpaid, provided that the following conditions are met.

The work be of an appropriate nature. While it is not possible to list all the various kinds of work

considered appropriate, it is expected that the work be related to the individual's professional

training or be of public service.

The work is not to interfere with the thorough performance of the faculty member's College duties

as outlined in Article 14.

ln the event that the work requires a substantial portion of the individual's time a faculty member

shall make a written application to the Dean with the prior approval of his/her Department Head.

The Dean's written approval is required before a faculty member may proceed. The application

shall give the following information:

i) proposed date of beginning and ending of work;

i¡) name of employer;

iii) nature of work;

iv) anticipated amount of time to be spent by the member on this additional work.

ln cases where the outside work results in a reduction to the full{ime work of the faculty member,

the Dean, after consultation with the Union, shall determine any corresponding reduction in salary.

When a teaching member's outside activities involve the use of the College's facilities, supplies, or

services, permission for their use shall be provided by the appropriate College administrator and

shall be paid for at the prevailing rate, unless the College administrator agrees in writing to waive

all or part of the fee (s).

The name of the College shall not be used in any related professional activity unless agreed in

writing by the President although nothing shall prevent the member of the teaching faculty and the

librarian from stating the nature and place of his employment, rank and titles in connection with

related professional activities, provided that he/she shall not purport to represent the College or

speak of it, or to have its approval unless that approval has been given in writing.

Outside Teaching

Permission of the Dean as outlined in section 11.2.1 .3 is required before a faculty member

undertakes the teaching of summer sessions at other universities.

Other Outside Activities

A faculty member shall not engage in outside activities which create or constitutes a conflict ofinterest in view of the faculty member's appointment to the academic staff of the College. lnparticular, faculty members shall disclose to the Dean all instances in which the faculty member

has a significant interest in a business enterprise which has or proposes to do business with the

College.

11.2.1.6

11.2.2

11.2.2.1

11.2.3

11.2.3.1

Collective Agreement 201 0-201 3 41

11.2.3.2

11.2.3.3

11.2.4

12.0

12.1

12.2

12.2.1

The College permits its faculty members to undertake private consulting work in accordance with

the terms of this article and under certain conditions, including the availability of time. When such

faculty members are acting in their capacity as private professional consultants, the College

disclaims any and all liability for the quality of the advice given and for the results of any actions

undertaken by clients acting thereon.

Should the Dean, or Dean's designate, have reason to believe that a faculty member has or will

have a conflict of interest as defined in Article 4.4.2 wilh respect to a specifìc outside activity, the

Dean, or Dean's designate may request, in writing, that the faculty member respond in writing to

specific questions, the answers to which are reasonably required to determine whether a conflict of

interest exists or will exist. No such reasonable request shall be refused by the faculty member. lfthe Dean (or Dean's designate) determines that conflict of interest exists or will exist; in accordance

with Articles 4.4.4 and 4.4.5, the Dean (or Dean's designate) shall put in writing the reasons he or

she believes that a conflict of interest exists and may withhold approval of the member's

engagement in any outside activity that contributes to this conflict of interest.

Reporting Outside Employment

No later than June 30 of each year, in conjunction with the Yearly Activities Report, every faculty

member shall report to the Dean the nature of all outside employment in excess of 12 working days

per year except that performed on week-ends, vacation, and holidays. lnformation shall be

provided specifying the date of performance and the time spent thereon.

SALARY REVIEW PROCEDURES

All faculty members are required to complete a Yearly Activities Report effective to the last day of

June on a form distributed by the Dean's office. These forms will allow members to report on

academic and other activities relevant to the College over the previous year and should include

copies of published articles or lelters of final acceptance. They will be reviewed by the St. Thomas

More College Department Head and utilized by the Dean, the Tenure and Promotions Committee,

and the College Administration in the yearly review of each faculty member's salary and rank.

Responsibility for initiating recommendations for career development increases and special salary

increases rests in the first instance with the department Head. The recommendations of the

Department Head are forwarded to the Dean who brings them to the Tenure and Promotions

Committee. The Dean will review the salary status and rank of Department Heads and make any

recommendations for CDI and special salary increases.

Types of Salary Action

ln addition to the salary scale adjustment, each faculty member or librarian shall be eligible for one

of the following types of salary actions each year:

i) awarding of a career development increase;

ii) awarding of a partial career development increase,

iil) awarding of a special grant;

iv) awarding of a special grant plus one of i) or ii);

v) withholding of a full or pañial career development increase.

Career development increases are given in recognition of added experience, ability and scope of

responsibilities. They are granted to all faculty members whose duties are performed at a level of

competence acceptable for each rank and who are eligible according to Article 11.1 .5. Career

development increases may be withheld only in accordance with the procedures of Article 24.

Collective Agreement 201 0-201 3 42

12.2.2 Awarding of a Fraction of Career Development lncrease

A faculty member whose base salary is less than one full Career Development lncrease from the

ceiling shall be granted a fraction of a Career Development lncrease which will bring the faculty

member's salary to the ceiling for the employee's rank.

12.2.3 Speciallncreases

A special increase may be awarded to faculty members who have performed their duties

satisfactorily and who have demonstrated excellence in one or more of the following categories:

i) teaching;

i¡) research, scholarly and artistic work;

iii) practice of professional skills or extension work;

iv) extra college/university work or public service;

v) administrative work;

vi) administratíve service as a Department Head.

The following factors may also be considered:

i) accumulative performance over a period of years in any or all of the above not previously

recognized;

i¡) improvement in academic qualifications;

i¡i) an offer of employment from a comparable institution.

12.2.3.1 Teaching

A special grant may be awarded for excellence in teaching.

12.2.3.2 Research and Scholarly Work

12.2.3.2 A special increase may be awarded for excellence in the following types of research and scholarly

work:

i) Publication. Publication, or receipt of a letter accepting a flnished manuscript forpublication, may be grounds for recommending a faculty member for a special increase.

The size of the special increase should reflect the amount of time and work necessary toproduce the publication, as well as the academic merit of the work.

ii) Unpublished work. Unpublished research or scholarly work are grounds forrecommending a faculty member for a special increase if it is established that the workhas academic merit and that there is not an appropriate publication outlet for a particular

subject matter.

iii) Artistic work. Artistic creations and performances are grounds for recommending a

member of the teaching faculty and the librarian for a special grant, where this isappropriate to a discipline.

12.2.3.3 St. Thomas More Extension Work

A special increase may be given as a reward for excellence in clinical service or extension work.

Collective Agreement 2O1 0-201 3 43

12.2.3.4 University Work, Community College Work, and Public Service

A special increase may be awarded for extension, clinical service, committee work or public

service, provided that all three of the following criteria are met:

i) The work is outside of the assigned duties of the faculty member as specified in his/herletter of appointment or by past practice.

ii) The work is not remunerated above a nominal fee. lf a faculty member is paid by the

Extension Division, government or public agency, he/she would not normally satisfy this

criterion.

iii) The work is meritorious. This criterion means that special grants are not normally granted

to all faculty members who serve on committees, do extension work, or perform public

services, but only those whose work is above the ordinary.

12,2.3.5 Administrative Work

Faculty members with administrative duties may be given a special increase for administrative work

only if it can be demonstrated that the performance of that work is meritorious.

12.2.3.6 lmprovement in Academic Qualifications

A faculty member who has improved his/her academic qualifìcations by completing a degree,

course of study, or similar program may be considered for a special increase.

12.2.3.7 Offer of Employment from a Comparable lnstitution

A faculty member who presents a written offer of employment from a comparable institution may be

considered for a special increase.

12.2.4 Special Bonus

12.2.4.1 The Tenure and Promotions Committee may recommend a special bonus for meritorious work by a

faculty member which is clearly not academic and is one time in nature, e.9., administrative, public

service, extra-curricular college activities, service to learned societies, etc. This special bonus shall

not be included in the calculation of the faculty member's base salary.

12.2.4.2 This recommendation shall be made by the Tenure and Promotions Committee. The Board ofGovernors shall not have power to convert a special grant to a special bonus and vice versa.

12.3 Rules of Procedure

12.3.1 Advising Faculty

By October 15th the Department Head shall meet with each faculty member to review the Yearly

Activities Report and to advise him or her as to the department's salary recommendations and,

where applicable to review progress towards promotion. ln the case of Department Heads, this is

done by the Dean. The Department Head will record his/her recommendations in the salary review

form of the faculty member's yearly activity report. The faculty member will sign the form to

indicate that she/he is aware of the content but such a signature shall not be nor deemed to be an

acceptance by the faculty member of the review or recommendation.

12.3.2 ln the case of a special merit increase, the Department Head will discuss the recommendation with

the Corresponding Department Head and obtain her/his recommendation in writing. A copy of this

recommendation will be given to the faculty member and the original will be attached to the

member's Yearly Report Form. ln the case of Department Heads, this is done by the Dean.

Collective Agreement 201 0-201 3 44

12.3.3 The Tenure and Promotions Committee shall meet yearly to consider recommendations for spec¡al

salary increases and shall base its recommendations on the College's Standards for Tenure and

Promotion.

12.3.4 Voting Procedure

The following voting procedures shall be used by members of the Tenure and Promotions

Committee that considers salary cases:

i) Each voting member of the Committee shall have one vote (see 7 .7 .0 of Tenure and

Promotions Procedures). Members may vote on a particular candidate only if they have

taken part in the committee's deliberations on that candidate.

ii) The decision on salary recommendations shall be by simple majority vote of those voting.

The vote of any member abstaining shall not be counted in support of either theaffìrmative or negative view. The vote shall be taken in response to a specifìc salary

recommendation for each faculty member. Recommendations will be ranked by priority.

iii) The Tenure and Promotions Committee shall have the right to rule a member ineligible to

vote or lo require withdrawal from the deliberations of the Committee if it considers aserious conflict of interest to exist.

12.3.5 Candidates to be lnformed

All candidates are to be informed within ten days after a recommendation is made in their case by

the Tenure and Promotions Committee.

12.3.6 Recommendations concerning special salary increases shall go directly from the President of the

College to the Board of Governors.

12.4 Salary Review Appeal Procedures

12.4.1 A faculty member may request a review of his/her salary recommendation to the President of the

College, in writing, within ten days of being notified of the recommendation. The request must

include a statement of reasons why the recommendation should be reviewed and identify his/her

representative on the Appeal Committee.

12.4.2 AppealCommittee

The appeal shall be heard by a committee of three tenured members of the College or University.

One shall be named by the appellant when requesting the review, and a second by the President.

A third member, who will act as a voting chair, is to be nominated by the Dean of Arts and Science

from among the members of the Arts and Science College Review Committee. None of the

members are to have served on the College Tenure and Promotions Committee for the currentyear or have had prior formal involvement in the recommendation. The committee shall determine

its own operating procedures providing that they are consistent with the general procedures ofArlicle 12.4. The decision of the review committee will be by simple majority vote and will be final.

The outcome will be communicated by the chair to the President of the College and to the faculty

member.

12.4.3 The mandate of the Appeal Committee is to review the merits of the case being appealed and to

make a recommendation on the question of special salary increase to the President of STM.

12.4.4 The appellant has the right to submit a written statement explaining the basis for the appeal.

Collective Agreement 201 0-201 3 45

12.4.5 The Appeal Committee will consider the file prepared for the Tenure and Promotion Committee

including the candidate's yearly activities report, curriculum vitae and copies of publications and

written recommendations for special salary increase, as well as information provided through

12.4.4. The Appeal Committee will also give an opportunity to the Chair or other representative ofthe Tenure and Promotion Committee to state the reasons for its recommendation.

12.4.6 lf useful, the Committee can hear the External Dean who acts as an external observer on the

Tenure and Promotions Committee.

12.4.7 The Appeal Committee will make its recommendation based on College standards. Each year, the

College will determine a fìxed allotment of funds available for appeals. The Appeal Committee may

either confìrm the Tenure and Promotion Committee recommendation or recommend more than theprevious recommendation. The Appeal Committee will make its recommendation to the President

for consideration by the St. Thomas More College Board. Should there be occasion in a given year

in which the appeal recommendations of successful appeals exceed the funds available for appealpurposes, the funds available for appeal purposes will be divided proportionally based on the

recommendations of the Appeals Committee among the successful appellants. On an annual

basis, any unallocated appeal funds will revert back to the College.

12.4.8 The Appeal Committee will complete its work by March 15.

12.5 Expedited Procedures

ln the case of a demonstrable risk of losing a faculty member because of higher salaries at

comparable institutions, a Special Salary lncrease may be granted at any time and can be awarded

on the recommendation of the Appointments Committee with the approval of the Consultation

Committee.

13.0 STATUS OF THE LIBRARIAN

13.1 The status and work of the Librarian are governed by the Library Policy as approved by the

Faculty-Administration Forum and the Board of Governors.

13.2 Application of the Agreement to the Librarian

The provisions of the Agreement regarding the Librarian are the same as those for members offaculty unless otherwise specified in the Agreement. Modifications and additional provisions

affecting the Librarian with regard to appointments, award of tenure, promotion, and salary review

are included in this article.

13.3 Appointment of the Librarian

The provisions for appointments to the faculty (Article 5) shall apply to the Librarian, except for the

modifìcations and additional provisions in this article.

13.3.1 Librarian's Rank

The Librarian's rankwill be Librarian l, Librarian ll, Librarian lll or Librarian lVaccording to the

schedule of ranks applicable in the Library of the University of Saskatchewan.

13.3.3 Types of Appointments

The appointment of the Librarian shall be under one of the following conditions:

i) part-time;

ii) on probation;

ii¡) with term;

Collective Agreement 201 0-201 3

13.3.3.1

13.3.3.2

13.3.3.3

13.3.3.4

13.3.4

13.3.5

13.3.5.1

iv)

v)

with tenure;without term

Part-Time Appointment

A part{ime appointment as Librarian is one in which the appointee's duties require less than full-

time employment and in which the appointee is required to work on the basis of less than full days,

less than full weeks, less than six months, or a combination of these. Conversion from full-time topart-time status as Librarian is governed by the provisions of Article 5.1 .10.2.

Probationary Appointment

The initial appointment of the Librarian shall be probationary unless otherwise specifìed and shall

be for three years. An employee initially appointed as a full-time Librarian may elect to be

considered during the third year of probation for tenure or for an additional two-year probationary

appointment. lf the probationary period is renewed, the employee may elect to be considered fortenure in the fourth or fìfth or sixth year of appointment. The employee must inform the Dean by

June 15 whether the employee wishes to be considered in the next academic year. The Tenure

and Promotions Committee will consider applications for renewal. lf the probationary period is not

renewed or tenure is not granted, the appointment shall terminate at the end of the probationary

term. ln extenuating circumstances and with the approval of the Consultation Committee, the

Librarian may be permitted to serve one additional year of probationary service. The Librarian shall

forward the request to extend probation because of extenuating circumstances to the President by

June 15 (of the 4th year). Under no circumstances, shall the years of probationary service exceed

six years. The Librarian may be considered for early tenure in accordance with Article 5.1 .6.2.

Length of Limited Term Appointments

The maximum period for accumulated limited term appointments as Librarian shall be five years.

(See 5.1.1 .2)

Rank on Appointment

i) The initial appointment of the Librarian shall be at least at the level of Librarian ll.ii) When the Librarian is given tenure it shall be at the rank of Librarian lll or lV.

Advertising of the Position

Prior to the selection of an appointee, any vacancy for the position of Librarian shall be advertised

in professional or academic publications considered appropriate. ln case of urgency, the

advertising provision may be waived with the agreement of the Consultation Committee.

Composition of Committees

Search Committee

A Search Committee shall be established whenever a vacancy in the position of the Librarian

becomes known. The committee shall consist of the Librarian, unless the position is already

vacant, and two members of the Library Committee of the Faculty Council other than the

chairperson of that committee. The Chairperson of the Search Committee shall be appointed by

Appointments Committee. (see 5.'l .4). lf the position of Librarian is already vacant, the Search

Committee shall consist of three members of the Library Committee other than the chairperson.

The Search Committee shall draw up a short list in a manner similar to that made by similar

committees in the appointment of faculty (5.1.4.3, 5.1.4.4, 5.2.4.5).

Collective Agreement 201 0-201 3 47

13.3.5.2 Appointments Committee

The Appointments Committee for the appointment of the Librarian shall consist of the academic

Appointments Committee (Policy 2.3.2.2) plus the chairperson of the Library Committee. The

Appointments Committee shall make a recommendation to the President who, if he or she finds the

recommendation acceptable, shall present it to the Board of Governors.

13.3.6 Letter of Appointment

When an appointment has been approved by the Board of Governors, the President shall send a

letter offering the appointment to the candidate. This shall be comparable in every respect to the

letter described in 5.1.5.9.

13.4 Tenure for the Librarian

The provisions for the award of tenure to faculty (Policy 1 1, Agreement Article 7) shall apply to the

award of tenure to the Librarian, except for the following modifications and additional provisions.

13.4.1 An appointment with tenure shall continue subject only to the provisions of the articles relating to

discipline (Article 24), resignation (Article 21.1), retirement (Article 21.2), and financial exigency

(Article 22).

13.4.2 Procedures for the Award of Tenure and Promotion

Cases of tenure and promotion shall be referred to the candidates committee which shall make a

recommendation to the Tenure and Promotions committee. All votes shall be by secret ballot with

simple majority vote.

13.4.2.1 The candidate's committee which makes an appropriate recommendation concerning permanent

status and promotion shall consist of the following:

i) A Chairperson to be chosen by the Appointments Committee;

i¡) Two or three of the tenured members of faculty who are also members of the Library

Committee;

¡ii) lf there is no tenured member of faculty on the Library Committee, then one non{enuredmember named by that Committee;

iv) The University Librarian or a designate;

v) One tenured member of the faculty of the College, to be chosen from a list of threeproposed by the candidate;

vi) lf the number of full voting members of the committee as provided above is less than five,

then Heads of College Departments will be added in order of academic rank, to make a

total of five full voting members.

13.4.2.2 At the Tenure and Promotions Committee, the Dean of the College of Arts and Science or

designate will be replaced by the University Head Librarian or designate.

'l 3.4.3 Criteria, Methods and Standards for the Award of Tenure

The criteria, methods, and standards for the award of tenure shall be the same as those for Faculty

Members, except that teaching (Policy 12.2.0, ii) shall be replaced by the practice of professional

skills in the task of running the Library.

Collective Agreement 201 0-201 3 48

13.4.3.1

13.4.3.2

13.4.4

13.4.4.1

13.4.4.2

13.4.4.3

13.4.4.4

13.4.4.5

For promotion from Librarian ll to Librarian lll the candidate's case file shall include:

i) an assessment of the candidate's practice of professional skills based on a written

statement by the candidate describing skills involved in the work of the librarian in running

the Library; and

¡i) a written evaluation of the candidate's performance of those skills by no less than twopersons employed by the University of Saskatchewan in a superior rank. The candidate

may request that a particular referee be excluded, but may in turn be asked to provide an

explanation of this exclusion. When names are excluded, others will be added so that a

minimum of three names remain. The President shall submit a description of the

credentials/background of the referees to the candidate's committee. The President shall

select the names of the referees from the list and approach them, requesting an

assessment of the candidate's work. The names of the referees will be confidential and

only made available to members of the candidate's committee and the College Tenure &

Promotion Committee.

The standards for the award of tenure shall be the same as those for Faculty Members (Policy

11 .4.1), except for the following:

i) Academic Credentials. The candidate will normally hold the degree of M.L.S. or its

equivalent.

ii) Practice of Professional Skills. The practice of professional skills should be judged as

competent or better by the methods described in 1 3.4.3.1 .

Criteria, Methods and Standards for Promotion

The criteria, methods and standards for promotion shall be consistent with those for the award ofpromotion within the academic ranks, except that teaching (Policy 12.2.0, ii) shall not be a criterion

and that practice of professional skills in the task of running the Library shall be one.

A Librarian shall be considered formally for promotion to the next rank if s/he is fìve or more Career

Development lncreases above the floor for that rank, or has received a total of five Career

Development lncreases in that rank.

The standards for promotion in any rank shall be at least equivalent to those established by the

University Council.

For promotion from Librarian ll to Librarian lll the criteria, methods and standards for promotion

shall be the same as those for the award of permanent status (13.4.3).

ln the case of a first appointment at the rank of Librarian lll, the criteria for promotion to Librarian lll(Article 13.4.3.1) will be used. The candidate will have had a reference regarding his or herpractice of professional skills in previous library work. ln addition the candidate will be required to

develop his or her understanding of the position of Librarian in the College and have that

development assessed by at least two persons in an equal or superior rank, one of whom is to be

external to the College and both of whom will be selected by the Appointments Committee.

For promotion from Librarian lll to Librarian lV the chairperson's case file shall include but is not

limited to an assessment of the candidate's practice of professional skills (as in 1 3.4.3.1 ) and a

written evaluation of the candidate's performance of those skills by three persons in the rank ofLibrarian lV or greater at least two of whom must be employed by university libraries external to the

University of Saskatchewan. The external referees shall be selected from a list of five established

by the President after consulting with the candidate. The referees selected must be sufficiently 'at

arm's length' from the candidate so as to provide an objective assessment of performance. The

Collective Agreement 201 0-201 3

13.4.4.6.

13.5

13.5.'l

13.5.2

13.5.3

13.5.4

candidate may request that a particular referee be excluded, but may in turn be asked to provide an

explanation of this exclusion. When names are excluded, others will be added so that a min¡mum

of five names remain. The President shall submit a description of the credentials/background ofthe external referees to the candidate's committee. The President shall select three names of the

external referees from the list and approach them, requesting an assessment of the candidate's

work. The names of the referees will be confidential and only made available to members of the

candidate's committee and the College Tenure & Promotion Committee.

For promotion from Librarian lll to Librarian lV the candidate shall also be evaluated by comparing

the candidate's statement (13.4.4.4) to the Library Policy. The candidate's committee shall

interview the candidate about her or his case file.

Salary Review Procedures for the Librarian

The provisions for salary review as stated in Article 12 shall apply to the Librarian except for the

following modifi cations.

Awarding of a Partial Career Development lncrease

lf the Librarian's base salary is less than one increment from the ceiling of his/her rank andpromotion has not been granted, he/she will be granted a partial Career Development lncrease

which will bring the salary to the ceiling of the rank.

Special Grants

A special grant may be awarded to the Librarian for demonstrated excellence in professional library

skills, and for improvement in qualifications in such skills, as well as in the categories listed in

12.2.3.

Such a special grant, normally having value to .25, .5, .75, or 1.0 times the value of a Career

Development lncrease, may be awarded to the Librarian beyond the ceiling of his/her rank up to

the merit ceiling.

Rules of Procedure

The Librarian will complete the Yearly Activities Report form described in 12.3.1 and will submit it to

the President, who will forward it to the Tenure and Promotions Committee, with his

recommendation, through the Dean. The President will inform the Librarian of his/her

recommendation.

ASSIGNMENT OF DUTIES

The Head of each department in the College has general supervision and direction of the work of

the respective department. The Head will cooperate with his/her counterpart in the Faculty of Arts

and Science, bearing in mind the University Council "Regulations - section 13". The DepartmentHead will assign duties after first consulting colleagues in tenure and tenure stream, followed by

consultations with Continuing Sessional faculty members. ln the event of absence from the campus

for more than one week, the Department Head should notify the Dean of the arrangements that

have been made to ensure proper attention to departmental affairs.

The duties of a faculty member consist of the following components:

i) undergraduate teaching and post graduate supervision;

ii) scholarly work (including study) and research;

ii¡) service on academic committees (College and University) and other administrative duties;

14.0

14.1

14.2.1

Collective Ag reement 201 0-201 3 50

14.2.2

14.2.2.1

14.2.3

14.2.4

14.3

14.4

iv) extension work and community service.

These duties are performed on a twelve month basis unless otherwise specifìed in a letter ofappointment or subsequently by agreement. The faculty member shall diligently assume, perform,

and discharge the offìce and duties as appointed.

Duties of Sessional Lecturers are more limited than those of other appointees as they are expected

only to teach their classes and meet with students to the extent desirable for effective teaching.

The courses assigned are specifìed in the letter of appointment. Other contributions to the College

normally expected of other appointees are not assigned nor expected, but are welcome on a

voluntary basis provided that they are given on a pro bono basis.

ln cases where the Dean has identifled other work to be completed by a Sessional Lecturer,

Administration may provide additional remuneration based on a mutually acceptable rate of pay.

The Dean may assign a sessional lecturer of his/her choosing to:a) Develop a new course not previously taught by the College, or;

b) Significantly redesign an existing course. Such redesign would be beyond the normal obligation

to remain current in the course content area. This clause does not apply to teaching a previously

offered course for the first time. (See also 5.1.10.8.6)

Such assignment by the Dean will result in remuneration based upon the appropriate sessional

lecturer pay rate prorated to the duration of the work as outlined in the associated contract letter.

Duties of Continuing Sessional Faculty shall include the teaching of their classes, a limited amount

of committee work related to teaching, and participation in research activities related to coursepreparation. Continuing Sessional Faculty may participate in departmental meetings involving

teaching and program development. Continuing Sessional Faculty participation in department

meetings includes voice, but not vote, unless otherwise specified.

ln the second term of each year, the Dean shall meet with each Department to discuss such

matters as the assignment of duties and the performance of the Department and its members.

Any significant absence from duties (especially teaching duties) shall be arranged through the

Department Head and be approved by the Dean. Such requests normally will be approved if the

employee has made arrangements so that his/her duties will be performed by other members of the

department during his/her absence. ln an emergency, when it is too late to make otherarrangements, one should ensure that the students may be informed.

ln accordance with the provisions of Article 20, the Head of the Department will arrange with the

members of the department their summer programs and annual vacations in such a way as to

ensure that the departmental responsibilities are adequately performed during the spring and

summer period. This should be done by the last day of April for May and June, and by June 1 forJuly and August, and the Dean shall be informed.

Teaching Workload of Faculty Members

"Normal teaching load" within a department shall ordinarily be determined by past practices with

respect to the number of full class equivalents to be taught per Faculty member or as may be

agreed to hereafter by the Consultation Committee. ln the event of a dispute arising over the

interpretation of past practices, the matter shall be referred directly to the Consultation Committee.

Subject to approval by the Dean, the appropriate Head shall, with consultation within the

departmental faculty, assign teaching duties to the indivldual faculty members In the light of the

individual's discipline, abilities and specialties and consistent with the normal teaching load of the

faculty and department in question. Teaching duties shall include, but not be limited to, advising

students and prospective students, and conducting scheduled classes.

14.5

14.5.1

14.5.2

Collective Ag reement 201 0-201 3 51

14.5.3

14.5.4

14.5.5

14.5.6

14.5.7

14.5.8

14.5.9.1

14.5.9.2

14.5.9.3

14.5.9.4

14.6

14.6.1

14.7

ln special cases with the approval of the Dean and Department Head, adherence to the normal

teaching load may encompass necessary minor year{o-year fluctuations in an individual's teaching

load, these fluctuations balancing out over time.

A Faculty member may, at his or her initiative and with the agreement of the Dean and the

appropriate Department Head, undertake more than the normal teaching load without

remuneration. Such an arrangement shall be formalized in writing between himself/herself and the

appropriate head, and shall be included in the faculty member's dossier for promotion, career

development increases, and special grants. The Union shall be informed of all classes taught in this

manner,

No faculty member shall be required to teach lntersession or Summer School. lt is the establishedpractice of St. Thomas More College to allow a faculty member to receive a stipend from the

University of Saskatchewan for teaching a class in the period between May 1 and August 30.

However, a faculty member may not teach more than one class during this period.

Teaching lntersession or Summer School classes through St. Thomas More College may be

rewarded with extra compensation in accordance with Article 1 1 .1 .1 3 unless the faculty memberand his/her department Head, with the approval of the Dean, mutually agree to reduce the faculty

member's teaching load at other times during the year on a pro-rata basis in lieu of extra

compensation.

No faculty member shall be required to teach extension, off-campus or non-credit courses. Wheresuch duties have been voluntary or rewarded with extra compensation, they shall continue to be

voluntary and rewarded with extra compensation unless the faculty member and his/her

department head, with the approval of the Dean, can mutually agree to reduce the rest of the

faculty member's teaching load on a pro-rata basis in lieu of extra compensation.

ln cases of course cancellation due to low enrolment in a course taught by a faculty member orcontinuing sessional faculty member the Dean in consultation with the Department Head, will

assign other duties to the member in lieu of teaching the particular course.

When a course scheduled to be taught on a sessional basis is cancelled because of insuffìcient

enrolment or for other just cause, and the cancellation occurs within the three week period (21 day)

before the flrst scheduled class, the person who was appointed to teach the course will receive

twenty-five (25) percent of the stipend for the course that has been cancelled.

lf the course is cancelled on or after the first scheduled class, the sess¡onal member will receive the

greater of (a) twenty-five percent of the course stipend or (b) the proportion of the course stipend

corresponding with the proportion of teaching duties completed.

The cancellation fee will not be paid if the individual accepts an offer to teach an alternate course inthe same term with an equivalent stipend. An individual shall receive a prorated cancellation fee ifoffered an alternate course with a smaller stipend.

lf a course offered to a Continuing Sessional Faculty Member is cancelled and no alternate courseis assigned, the individual shall be offered the course at the next opportunity.

Librarian Duties

The performance and assignment of duties for the Librarian shall be in accordance with the Library

Policy as approved by Faculty Council and the Board of Governors.

Fairness of assignment of duties

Duties shall be assigned equitably among employees of the College taking into consideration:

Collective Agreement 201 0-201 3 52

14.8

14.9

15.0

15.1

15.2

15.3

15.4

15.5

15.6

i) the full range of academic responsibilities of individual members, including teaching,

consultation with students, research and scholarly work, library, extension and

administrative work, and service to clinical programs, to academic committees, and to the

public, to professional bodies, and to the Faculty Union; and

ii) relevant department, college and university standards for renewal of probation, tenure and

promotion.

Grievance over Assignment of Duties

Assignment of duties is subject to the grievance procedures set forth in Article 25.

Failure to Perform Duties

Failure to perform duties is subject to the discipline procedures set forth in Article 24.

PERSONAL FILE FOR MEMBERS OF THE TEACHING FACULTY AND THE LIBRARIAN

There shall be only one personal file containing employment data pertaining to each employee

which shall be kept only in the office of the President.

A personal file will consist of the following contents:

. Original employment contract.

. Signed letters of reference which shall be confidential.

. Record of tenure, promotions and salaries.

. Yearly activities form.

. Letters of grievance or complaint which are only admissible following the provisions ofArlicle 24.7 and which shall be removed after fìve years.

. Letters of reprimand issued by the President which shall be destroyed after three years.

. Medical and counselling records which shall be sealed except as required by the controllerin cases involving medical leave and salary continuance.

. Other documents related to employment.

. The content of each employee's personal fìle shall be listed and numbered. A copy of the

list shall be kept in the fìle and another copy shall be given to the employee upon request.

The list shall be up-dated the year prior to an employee's promotion consideration.

No anonymous material other than aggregated statistical information which is recorded in student

evaluations as obtained by the procedures approved from time to time by Faculty Council shall be

kept concerning any member, unless specifìcally requested by the member. Any anonymous

material present in an employee's file when this agreement comes into effect, shall be removed

and destroyed. No such material, if maintained contrary to this agreement, shall be submitted as

evidence in any proceeding involving an employee.

Each employee shall have the right to reasonable access to the entire contents of his/her personal

fìle, with the exception of signed letters of reference during regular office hours upon request to the

President.

Employees shall have the right to have their personal file supplemented or corrected in the event of

error, inadequacy, or lack of clarity in the meaning of any of the non-confidential contents. ln the

event distortion is alleged, employees shall have the right to provide additional material for

inclusion in their fìles.

A personal file shall not be made available to third parties except as required in the performance of

their duties under this agreement, or except at the written request of the employee. Where such a

Collective Agreement 201 0-201 3 53

file or any portion thereof has been duplicated, the duplicate shall be destroyed after their legal

administrative use.

15.7 The Business Office and the Office of Dean shall have access to required information for its

administrative use, and may retain duplicates in its fìles.

16.0 SABBATICAL LEAVE

See Section 3.0 in the Policy Section of the Handbook for statement of purposes, description ofproposals, criteria and procedures.

16.1 .1 ln accordance with Policy 3.1, and 3.2, Faculty members are entitled to sabbatical leave subject to

the limitations in 16.1.3.

16.1 .2 ln the sixth year of full-time service the Faculty member may apply for a sabbatical leave to be

taken the following year. A Faculty member shall also be eligible to apply for sabbatical leave after

an additional six (6) years of full{ime service following the date of completion of his/her last

sabbatical leave. Continuity of service is not interrupted by leave of absence without pay, and

educational leaves, but such leaves do not count toward the entitlement period.

Service as a Continuing Sessional Faculty Member shall carry entitlement towards sabbatical leave

if an individual is subsequently appointed to a tenurable position. ln such case,24 credit units

taught as a Continuing Sessional Faculty Member shall be counted as the equivalent of one year ofqualifying service.

16.1.2.1 Tenured members of faculty holding part-time appointments shall be eligible for sabbaticals. After

six years of service they may apply for a sabbatical.

lf all or part of a faculty member's service is on a part-time basis, the faculty membe/s qualifying

service shall be based on academic years of service. The sabbatical stipend shall be prorated

according to the provisions of Article 16.9.0.

1 6.1 .3 An application for leave should be sufficiently meritorious to justify the granting of leave. Thus,

applications should contain well-developed research or study proposals and should be supported

by whatever other information the applicant believes would be helpful to the Appointments

Committee in making a decision.

16.2.0 Allocation of Sabbatical Leaves

16.2.1 Normally a faculty member will take sabbatical leave in the seventh year although he/she may take

leave after a normal seventh year if the College in the interests of funding and/or effective

scheduling requests a delay or if the individual makes such a request. A faculty member will also

be eligible to apply for a six-month sabbatical leave after an additional three years of full{imeservice or a six-month or twelve-month sabbatical leave after an additional six years of full{imeservice following the date of completion of the last sabbatical leave.

With the approval of the Dean, a faculty member will be eligible to apply for a twelve-month

sabbatical leave after fìve years of service in which he/she will be required to complete one

additional year of qualifying service, beyond that specified in the paragraph immediately above,

before being eligible to apply for the next sabbatical leave.

16.2.2 The Administration shall maintain a flow chart showing past employment history of individual faculty

members which establishes a roster of impending sabbatical leaves so that the college

administration and individual faculty members are aware of the likelihood of a delay for a sabbatical

leave. This flow chart shall be circulated to each faculty member by September 30 annually.

Collective Ag reement 201 0-201 3 54

16.2.3

16.3

16.4

16.5

16.6

16.6.1

16.6.2

16.6.3

16.6.4

16.6.5

Faculty members shall notify administration on matters of concern regarding the flow chart within

30 days of the circulation date.

The number of sabbatical positions is determined by the President by October 31. The President

receives input on the number of sabbatical positions from the Consultation Committee and the

Dean.

All applications for sabbatical leave shall be submitted to the Dean by September 1 to be

evaluated by the Appointments Committee.

An application for sabbatical leave shall be evaluated on the merits of the proposed study and/orresearch program on the basis of the purposes of and criteria for sabbatical leaves as set out inSection 3.0 of the Policy Section. Normally only one member of a single department should be

granted sabbatical leave in any year.

The Dean shall present his/her recommendations together with those of the AppointmentsCommittee to the President.

Approval of funds for sabbatical leaves is reserved specifically for the President and is approved by

the Board of Governors as part of the annual budget.

The Appointments Committee will rank the meritorious sabbatical applications in theirrecommendation. lf there are more meritorious applications than the number of positions available,

the Dean will ask some or all of these applicants to defer their sabbatical according to Agreement16.6.3 or ask the President to increase the number of leaves to accommodate the number ofmeritorious applications (1 6.6.4).

An individual faculty member so notified shall have the right to appeal to the President if he or she

does not agree with the priorities and his/her placement on the list. The appeal must be filed with

the President within five (5) days of receipt of the letter of notification. The President shall receive

and consider the appeal. The decision of the President shall be final and binding.

A faculty member whose application for sabbatical leave is judged suffìciently meritorious on

academic grounds (16.4) but who defers the leave for funding or scheduling considerations(16.2.1), or is denied sabbatical leave on similar grounds, shall be given priority consideration when

next applying for sabbatical leave. The year of postponement shall count as a year of qualifying

service for the faculty member's next sabbatical leave.

The Board of Governors shall have the right to increase the number of sabbatical leaves to begiven in the coming year to accommodate all applications by notifying the Faculty Union of theirdecision through the Consultation Committee.

ln the event that an adequate sabbatical replacement cannot be found after comprehensive search

then the Department Head, Dean, and Faculty Member involved shall consult to work out amutually agreeable solution. lt is recognized that in some cases it may be impossible to postpone

the sabbatical. Such consultation should take place prior to April 30, so that the applicant may

have time to change his or her plans if necessary. lf a sabbatical is postponed because no

satisfactory replacement can be found the faculty member shall be given priority considerationwhen next applying for sabbatical leave.

Responsibilities of Sabbatical Leave Recipients

A faculty member who takes sabbatical leave is expected to return to service at St. Thomas More

College for at least one year after the leave. During the period of the sabbatical leave the faculty

member's assigned duties shall consist of work on the approved sabbatical project. A faculty

16.7

16.7.1

Collective Agreement 2010-201 3 55

'16.8

16.8.1

16.8.2

16.8.3

16.9

16.10

16.11

member shall submit to the President, not later that three (3) months after the end of the sabbatical

leave, a report on the work done related to the sabbatical project.

Level of remuneration

An individual on sabbatical leave for twelve months shall receive 90% of his/her regular salary, an

individual on sabbatical leave for six months after six years of service shall receive 100% of his/her

regular salary, and an individual on sabbatical leave for six months after an additional three years

of service shall receive9O% of his/her salary. ln the case of a part-time faculty member the

remuneration shall be 90% of the part-time salary.

lf a faculty member receives salary from a source other than St. Thomas More College for activities

that are part of the sabbatical project, the college salary shall be adjusted so that the salary does

not exceed 100% of the College salary. However, if a faculty member on sabbatical leave provides

information to the College to show travel, research and other extraordinary expenses of the leave,

the College shall allow such salary in excess of 100% of the College salary as is justified by these

extraordinary expenses except that in no case shall the College pay in excess of the amount ofCollege salary referred to in Article 16.9.1.

lf the qualifying service consists of some part{ime service, the sabbatical stipend shall be

calculated as follows:

i) lf the qualifying service consists of all part-time or some full-time and some part{ime

service, the sabbatical stipend will be prorated on the basis of the number of years ofequivalent full{ime.

ii) lf the qualifoing service is greater than the minimum number of years required, the years

most advantageous to the faculty member shall be selected as the basis for calculating

the stipend.

Period of Leave

Full-year sabbatical leaves shall normally commence on July 1. Six-month sabbatical leaves shall

normally commence on January 1 or July 1. A faculty member may arrange the period of the

sabbatical leave at other dates, subject to the approval ofthe Dean.

Eligibility for Promotion and Special Grants

An individual on sabbatical leave shall be eligible for promotion or a special grant on the same

basis as any other faculty member. Before January 1 of ayear that a faculty member is on leave

he/she shall provide his/her department head or Dean with any information that may be relevant to

consideration of promotion or the award of special salary grants.

Research Grant

An individual shall be entitled to receive a portion of the sabbatical salary in the form of a grant

while on sabbatical leave, provided that he/she can reasonably demonstrate to the College that

such funds will be spent on travel, certain living expenses while away from Saskatoon, research

materials, books, telephone, copying, and such other items as are related to hls/her sabbaticalprogram. (Note: the tax status of the research grant is a matter to be settled between the individual

and Canada Customs and Revenue Agency. Faculty members are advised to consult with

Revenue Canada prior to making arrangements with the College for a Research Grant. These

arrangements must be approved before the sabbatical leave begins).

Collective Agreement 201 0-201 3 56

16.12

1 6.'t 3

17.0

17.1.1

17 1.2

17.1.3

Accountable Travel Expenses

The College agrees to make available an accountable travel expense account of up to $2100 for

each faculty member who has been granted a sabbatical leave. This allowance shall be used for

travel expenses incurred during the leave. Travel expense claims must be submitted to the

Controller's offìce not later than three months after the conclusion of the sabbatical leave.

lnterpretation

Any dispute arising from the interpretation of the above regulations and procedures shall be

resolved by the Consultation Committee.

OTHER LEAVES

Short Term Sick Leave, Emergency Leave, and Compassionate Leave of a week or less may be

arranged by an employee with the Head of the Department concerned who shall inform the Dean.

When advance notice is not possible, the employee should notify the Head of the Department as

soon as possible of the nature and expected duration of the absence from duties. ln granting sick

leave of longer than one week and up to one month in duration, the College may require medical

verifìcation of the illness. ln exceptional cases, the College may, at its expense, require a second

opinion from a mutually acceptable practitioner.

Requests for leave of up to one month's duration for reasons other than illness shall be made in

writing by the employee to the Dean with a copy to the Department Head. The Dean shall reply to

the request as promptly as possible, indicating in writing approval or disapproval, and setting out

reasons for any denial, which shall normally be in terms of the effective scheduling of a teaching or

library program.

The teaching/professional responsibilities of an employee on a short-term leave will normally be

assumed by his/her colleagues without additional expense to the College. ln the case of short-term

leave for purposes of illness or compass¡on, the employee on short-term leave shall continue to

receive full pay and all benefits. ln the case of short-term leave for purposes other than illness or

compassion, the College may reduce the salary of the individual on leave, for the period of the

leave, depending upon the purpose of the leave and any remuneration resulting from it.

Shortlerm leaves as provided for in clauses 17.1 .1 , 17.1 .2, and 17.1.3 shall not be unreasonably

denied.

Sick Leave

lf a faculty member is absent by reason of illness for longer than one month, the College shall grant

sick leave with full pay and benefits for a period of up to three (3) months from the beginning ofhis/her absence or until the University's Long -Term Salary Continuance Plan comes into effect,

whichever occurs sooner. ln granting long-term sick leave, the College may require medical

verification of the nature and expected duration of the illness. ln exceptional cases, the College

may, at its expense, require a second opinion from a mutually acceptable practitioner. lf the faculty

member is not deemed eligible for benefits under the SAP then he/she shall be covered by other

leave regulations (see 19.5).

lf a faculty member is absent for more than one month, the College will normally arrange for a

substitute or shall provide appropriate remuneration or other compensation to colleagues who

assume his/her duties.

17.1.4

17.2

17.2.1

17.2.2

Collective Agreement 201 0-201 3 57

17.3

17.3.1

17.3.1.1

Maternity/Parental/Adoption Leave or Primary Caregiver Leave

Tenure and Term Faculty

Eligibility for Leave

An employee who is pregnant and who declares in writing to be the primary caregiver, or an

employee who declares in writing to be the primary caregiver of a new born or adopted child, and

holds an appointment that is probationary, with tenure, with permanent status, or without term is

entitled to maternity leave of 52 weeks. An employee who holds an appointment for a limited term

and has been employed by the College for one year preceding the anticipated birth or custody of a

child is entitled to maternity leave of 52 weeks or until the end of her/his appointment, whichever

occurs earlier.

Timing of Leave

The leave will commence at any time, at the employee's discretion, within the period that starts

eight weeks before the estimated or actual date of birth or custody, and ends 52 weeks after the

actual date or birth or custody and shall be of uninterrupted duration. The leave must be completed

within 52 weeks of the birth or adoption of the child. Employees may schedule their annual vacation

as part of, or as an extension of, their leave entitlement.

Level of Remuneration

The supplement described in this Article will be paid for a maximum of 21 weeks per employee per

pregnancy or adoption (including the two week waiting period). Employees on maternity leave shall

receive the following remuneration:

(i) Employees receiving Employment lnsurance (El) maternity or parental benefìts shall

receive a supplement which provides the equivalent of 95% of normal salary for up to 21

weeks, including the two week benefit waiting period. The balance of the maternity leave

shall be without pay. These benefits shall be extended to cover any period the employee

is receiving extended El benefits due to the illness of the child. Effective July 1 ,2011,21weeks becomes 35 weeks.

(ii) Employees who are not eligible to receive El maternity or parental benefits but who hold

an appointment that is probationary, with tenure, with permanent status, or without term

shall receive the equivalent of 95% of normal salary for up to 21 weeks provided theyhave applied for El maternity or parental benefìts and it has been determined they are

ineligible solely because they do not meet the insurable employment test. The balance of

the maternity leave shall be without pay. Effective July 1, 2011,21 weeks becomes 35

weeks.

(iii) Other employees who are not eligible for El maternity or parental benefits shall receive the

equivalent of 95% of salary for the fìrst two weeks, and the balance of the maternity leave

shall be without pay.

Benefit Coverage

During the paid portion of the leave, the employee and the Employer shall pay their respective

shares of the cost of continuing benefit coverage.

During any unpaid portion of the leave, the Employer shall maintain coverage for the employee

under the Compulsory Group Life lnsurance Plan, the Academic Long Term Disability Plan, and the

Dental Plan. The employee shall have the option of continuing pension contributions.

17.3.1.2

17.3.1.3

17.3.1.4

Collective Agreement 201 0-201 3 58

17.3.1.5

17.3.1.6

17.3.1.7

17.3.2

17.3.2.1

17.3.3

17.3.4

lf an employee is unable to work because of medical complications related to pregnancy and/or

childbirth, the normal provisions of disability leave, including the Academic Long Term Disability

Plan, shall be applied.

Upon request to the Department Head or Dean, the pregnant employee shall be entitled to an

appropriate adjustment of her duties when complications related to her pregnancy justify it or when

her working conditions expose her to physical dangers, to infectious diseases or danger ofmiscarriage.

Notice

Employees shall be expected to give as much written nolice as possible (but not less than fourweeks, except in emergency situations) to the Department Head and Dean. This statement ofnotice shall specify the estimated date of birth or custody and identify the dates of the leave and

any vacation the employee intends to take.

Probationary Period

lf the employee holds a probationary appointment, the employee shall declare in writing to the

Employer whether or not the period of the leave will count as part of the probationary service.

Normally, the employee shall make the declaration by May 31.

Extension of Leave

An employee may extend her maternity leave by a leave without pay of up to one year. The

employee shall try to arrange the leave without pay to coincide with academic term(s). An

employee who becomes pregnant or declares to be the primary caregiver of another child during

the leave or a leave without pay extension to the leave shall be entitled to extend his/her leave by a

leave without pay of up to two additional years. During the extension of the leave, the employee

shall have the option of continuing benefit coverage at her/his own expense.

An employee returning to work following leave may apply for part time status extending up to three

years.

Maternal Leave for Sessional Faculty

Regarding Maternity Leave, the employer shall not deny the pregnant employee the right to

continue employment during her pregnancy.

Maternity leave shall cover a period of up to 26 weeks or until termination of the appointment,

whichever is earlier, and may be taken at the employee's discretion before and/or after the birth or

adoption of a child.

When an employee decides to return from a maternity leave, she shall provide the employer with at

least two weeks notice.

Secondary Caregiver Leave

ln the case where an employee is the secondary caregiver, the employee shall be entitled to thirty

five weeks of leave completed within 52 weeks of the child's date of birth or custody, the first one ofwhich shall be with pay.

Adoption Leave for Tenured and Term Employees

Upon the adoption of a child, an employee who is the primary caregiver shall be entitled to leave as

defined in Article 17.3.1 and subject to the same terms and conditions, provided the employee

declares in writing to the employer that he or she is the primary caregiver. An employee who is the

Collective Agreement 201 0-201 3 59

17.3.5

secondary caregiver for that child shall be entitled to thirty-fìve weeks of leave completed within 52

weeks of the date of the placement of the adopted child, the fÌrst week of which shall be with pay.

Parental Leave for Sessional Faculty

Parental leave is available as defìned and provided for in the Saskatchewan Labour Standards Act.

A parental leave shall not exceed the termination date of the employee's appointment.

Leaves of Absence Without Pay

Leave of absence without pay is granted to enable a faculty member to spend a limited amount oftime away from the campus. ln general, such leaves are granted provided that they are of benefìt

to the College and that the work of the individual's Department or College is not seriously disrupted.

Applications must be submitted to the President's off¡ce as early as possible, preferably not less

than six (6) months prior to the date the leave is to commence. This requirement may be waived

when short periods of leave are requested.

The President shall reply in writing within thirty (30) days. Where such a request is denied, the

letter from the President shall set out the reasons for the denial, which shall normally be in terms ofthe effective scheduling of the teaching/library programme. A copy of both the request and reply, in

writing, shall be filed with the Head of the Department concerned. A faculty member on leave of

absence without pay shall be entitled but not required to maintain membership in any or all of the

College's benefit plans from time to time in force. Faculty members applying for such leave may

apply also for a continuation of the College's contribution to benefit plans, and the College may

approve the same, depending upon the nature of the leave and the College's judgment as to the

degree to which the leave is in the interests of the College as well as the faculty member.

Leaves of absence without pay will be granted to non-tenured faculty members only under

exceptional circumstances.

Time spent on leave of absence without pay normally shall carry no credit as years of service either

towards eligibility for consideration for tenure/continuing appointment or toward sabbatical leave. lfthe College approves a faculty member's request that a leave of absence without pay carry such

credit, the terms of such credit shall be agreed upon in writing at the time of the approval of the

leave.

CDI's shall be earned during the fìrst year of leave without pay for research, scholarly work, orother academic activity. Entitlement to CDI's to be earned during subsequent years of a leave

without pay shall be agreed upon in writing at the time of the initial approval of the leave.

Leaves of absence without pay shall be reviewed annually and shall not normally be given for more

than three consecutive years with the exception of political leaves as specified. Application forrenewal of leave are subject to the provisions of 17.4.1 and must be submitted by December 31 .

Appeal in the case of Denial of Leave Without Pay

A faculty member whose request for a leave without pay is denied by the President has the right ofappeal. A committee shall be established as outlined in Article 12.4 and shall follow the same rules

of procedure.

Court Leave

An employee who has been summoned to be a witness or juror by any body in Canada with thepower of subpoena, shall, if his/her attendance requires him/her to be absent from his/her

scheduled teaching/professional responsibilities, notify the Dean of the summons as soon aspossible after its receipt, and shall supply the Dean with a copy of the summons, upon request. An

17.4

17.4.1

17.4.2

17.4.3

17.4.4

17.4.5

17.5

17.5.1

Collective Agreement 201 0-201 3 60

17.6

17.6.1

employee who has compl¡ed with the foregoing shall be granted paid leave of absence during the

period of service to the court or summoning body. Upon his/her return to work, the individual shall

supply the Dean, upon request, with written confìrmation of the dates of service, signed by an

appropriate offìcer of the court or summoning body. The individual shall be entitled to retain anyjury or witness fees. The teaching/professional responsibilities of the employee on such leave will

normally be assumed by his/her colleagues without additional expense to the College except where

such leave exceeds a period of one month, in which case the terms of clause 17 .2.2 shall apply.

Educational Leave and Study

A limited number of grants may be available to assist tenurable faculty members in completing

graduate work. Such grants, having a value of up to $12,500, are made for a one-year period but,

in some cases, may be renewed for a second year upon re-application. Grants for shorter leaves

may be pro-rated. Educational leave, if not awarded at the end of the second or third year of afaculty member's service, will be awarded only to a faculty member with tenure.

ln order to satisfy St. Thomas More College's future needs for particular skills and qualiflcations,

and in order for faculty members to enhance their academic and professional qualifications, the

College may grant study leaves with full or partial pay.

The recipient of an educational leave or study leave agrees to return to the College and resume

duties for a period equal to this period of absence on educational or study leave; otherwise, he/she

is required to repay the funds received while on leave. An application for leave must be submitted

to the President's offìce not later than September 1 of the year preceding the academic year for

which the leave is requested.

ln particular, the College may provide financial support to faculty members who wish to undertakeprogrammes of study in order to better qualify themselves for internal transfers and to provide for a

higher level of professional flexibility.

Political Leave

To the extent permitted by law, a faculty member holding a probationary or tenured/continuing

appointment may stand for election to any Canadian political offìce without prejudice to his/her

College position. ln the case of federal/provincial office a leave of absence without pay shall be

granted for the campaign period as defìned by law. A faculty member elected in a federal orprovincial election who does not resign from his/her appointment at St. Thomas More College shall

be granted political leave.

Political leave shall be of two kinds:

i) full leave from College duties, at no pay;

ii) partial reduction in College duties, at a corresponding reduction in pay.

The determination as to which kind of leave shall apply in a particular case shall lie with the

College, following its consideration of the degree to which the individual's public responsibilities will

interfere with his/her College duties. The College may substitute a leave under category a) for aleave under category b), upon sixty (60) days notice to the individual. The notice to the individual

shall be in writing, and shall set out the reasons for the substitution.

A faculty member elected to municipal office may apply for political leave as set out in clause

17.10.2. The College also may require that a faculty member elected to municipal office take

political leave as set out in clause 17.7.2, unless the faculty member can demonstrate that his/her

public responsibilities will not interfere with his/her College duties. Such leave shall be for the term

17.6.2

17.6.3

17.6.4

17.7

17.7.1

17.7.2

17.7.3

Collective Agreement 201 0-201 3 61

of the political offìce in question. The maximum length of such leave (s) shall be six (6) years,

following which the individual must either resign his/her College position or return to full-time duties.

17.7.4 The date upon which political leave becomes effective shall be determined mutually by theindividual and the President, but shall in no case be later than the opening date of the session ofthe body to which the faculty member has just been elected.

17.7.5 Political leave may extend for six (6) years, or two terms of offìce, whichever period is greater."Term of office" shall be taken to include the period between the dissolution of a parliament orlegislature and the subsequent election. Beyond such period of time, or if the individual ceases to

hold office (office being taken to cover the period of actual office-holding plus the period ending

with the individual's failure to be re-elected), the individual must either resign his/her Collegeposition or return to full-time duties.

17.7.6 A faculty member on political leave shall be entitled but not required to maintain membership in any

or all of the College's benefit plans from time to time in force. Time spent on political leave shall

carry no credit as years of service either toward eligibility for consideration for tenure/continuing

appointment or toward sabbatical leave.

17.7.7 A faculty member shall return from political leave at the same rank, appointmenl classification, and

salary level (plus any intervening across-the-board adjustments, including cost-of-living allowanceand, at the discretion of the College, "career development" or equivalent increments) as held at the

time of election.

17.7.8 The salary and duties of a faculty member returning from political leave shall commence at the

beginning of the term following the election in which not re-elected, unless an alternate re-

commencement date has been approved by the President.

18.0 COPYRIGHT

18.1 Copyright Ownership

The College recognizes that the employee is the sole copyright holder of the following:

i) lectures delivered by the employee;

ii) printed works (books, articles and similar material) written by the employee except foreditorial work that is part of the employee's assigned duties;

iii) artistic works (paintings, sculptures, musical compositions and the like) created by the

employee;

iv) computer programs developed by the employee except for work that is part of the

employee's assigned administrative duties;

v) recorded works (fìlms, videotapes, audio recordings, etc.) created by the employee except

for work that ¡s part of the employee's assigned duties;

vi) previous negotiated agreements.

18.2 Royalties

An employee is entitled to receive any and all royalties on copyrighted works of which he/she is the

exclusive owner. Royalties on copyrighted works that are financially supported by the College shall

be shared on a percentage basis in proportion to the amount invested by the College up to a

maximum of 75%, if and when College funding is 100%.

Collective Agreement 201 0-201 3 62

19.0

19.1

19.2

19.2.1

FRINGE BENEFITS

Fringe Benefits for Tenured and Tenure-stream Faculty

St. Thomas More College arranges for the following benefits to its Tenured and Tenure-streamFaculty:

i) PensioniD Compulsory Life lnsuranceiii) Voluntary Group Life lnsuranceiv) Salary Continuance Planv) Sick Leavevi) Travel lnsurancevii) Death Benefitviii) Moving Expensesix) Housing Allowancex) DentalPlanxi) Extended Health Care Planxii) Vision Care Plan

University Pension Plan (Revised Pension Plan)

All faculty members with tenure are required as a condition of employment to join the University

Academic Pension Plan. Lecturers, Assistant Professors, and Associate Professors on probation

with visiting status have the option of joining the plan, but not retroactively, if they make an

application. Additional information on the Pension Plan is available from the University Personnel

Office.

Compulsory and Voluntary Group Life lnsurance

As a condition of employment every full-time faculty member of the College is covered by the

University Group lnsurance Plan. The College shall continue to pay the premium on this plan.

Every faculty member shall have the right to participate in the Voluntary Group Life Program. The

College shall continue to collect payments and to remit the same on behalf of faculty members

under the terms of this plan. (Complete details of the group policy are available from the Business

Office).

Salary Gontinuance Plan

As a condition of employment all full-time faculty members who are eligible for the University's

academic pension plan shall participate in a group salary continuance plan. The College shall

continue to pay the premium for this plan. (Complete details of the plan are available from the

Business Office).

Sick Leave

Term appointees and others not included in the Salary Continuance Plan are covered by Sick

Leave Regulations. (Complete details are available from the Business Office).

Travel lnsurance

The College shall provide travel insurance to teaching members of the faculty who are travelling

with the authority of the College whether or not at College expense. (Complete details are available

from the Business Office).

19.3

19.3.1

19.4

19.4.1

19.5

19.5.1

19.6

19.6.1

Collective Agreement 201 0-2013 63

19.7 Death Benefit

19.7.1 Within seven days of the death of an employee, including sessional lecturers and continuing

sessional faculty, before retirement, the College shall pay the faculty member's relict, or otherdependent, a payment equivalent of two months salary as a death benefìt in addition to payment to

his/her estate the salary for that portion of the month that has elapsed up to and including his/her

date of death. The calculation of this salary payment shall be based on the number of working

days elapsed up to and including the date of death as a fraction of the number of working days in

the month.

19.8 Moving Expense

19.8.1 The College agrees to assist new faculty members in defraying moving expenses to Saskatoon.

The moving expenses shall be calculated as follows: regardless of the mode of transport, economy

airfare, including trip insurance for each member of the family.

19.8.2 The College also agrees to defray other moving costs listed below to a maximum of $6,000 for

those appointed on probation or with tenure, and $3,000 for those appointed for a limited term or

without term. A limited or without term appointee who is subsequently appointed on probation or

with tenure shall be entitled to an additional $3,000, even if he/she receives two or three limited

term appointments before entering the tenure stream. Successive limited term appointments,

however, do not entitle the appointee to additional moving expenses. ln all cases appropriate

receipts must be presented. Allowable expenses include:

i) Lodging expenses incurred, due to necessity, after arrival in Saskatoon, up to a maximum

of 14 days;iD Freight, cartage and storage of household appliances,iii) Disconnection and re-connection of household appliances; and

iv) Economy cost of travelling to and from the nearest appropriate immigration offìce for visapurposes.

19.8.3 No moving expenses of any kind shall be paid if the candidate declines to accept an offer ofemployment or is denied entry into Canada by immigration authorities.

19.8.4 All claims for reimbursement of these expenses must be supported by proper receipts and otherappropriate documents by the end of the fiscal year in which the appointment is made.

19.9 Housing Allowance

1 9.9.1 The College agrees to provide upon application of a faculty member, in a probationary or tenuredposition, a salary advance for the purpose of buying, for personal use, a fìrst house in Saskatoon orenvirons.

19.9.2 The salary advance shall not exceed $30,000 and shall be made for a maximum period of fiveyears. The recipient of the advance may repay it earlier if he/she so wishes.

19.9.3 The recipient of an advance shall acknowledge the advance in writing and shall forward a receipt to

the Business Office.

19.9.4 Failure to comply with the advance or cessation of employment at the College renders the advance

repayable at the discretion of the College.

19.9.5 Effective October 1,2010, there will be a Flexible Health and Wellness Spending Program for

tenured and tenure-stream faculty. The employer agrees to provide each eligible member with

$500 annually in a flexible spending program. The program provides additional health and wellness

Collective Agreement 201 0-201 3 64

19.10

19.10.1

19.10.2

19.11

19.11.1

19.12

benefits. lf there is a credit remaining at the end of the plan year, it can be carried forward to the

next plan year but only to the extent that it represents one year's allocation.

Accountable Professional Development Expenses out of Accountable ProfessionalDevelopment Allowance

It is agreed that St. Thomas More College faculty members will receive an accountableprofessional development expense equivalent in all respects to that received by faculty at the

University of Saskatchewan. (cf. 5.3 of the Policy section).

Allowable reimbursements are those which relate to the faculty member's responsibilities for

teaching, research, and professional duties. Such items as books, magazines, journals,

monographs, equipment, supplies, travel expenses, and membership in professional or learned

societies are normally considered as accountable professional expenses. An accountableprofessional expense on the behalf of a faculty member for the College will be paid for professional

expenses actually incurred to the extent of the amount negotiated. An Accountable Professional

Allowance claim form should be completed and submitted with attached original receipts to the

STM Business Office for reimbursement of expenses. The faculty member will then be reimbursed

for these expenses by the College. Any amount remaining in a faculty member's account after April

30 shall be carried forward into his or her account for the following year, as long as he or she

remains an employee of St. Thomas More College.

Dental Plan

The College agrees to provide faculty members with a family dental insurance plan. The College

will pay the full cost of premiums for the plan commencing July 1 , 1994.

Retirees previously covered by the Dental Plan shall be allowed to participate in the Dental Plan

until the June 30 coincident with or next following their 71st birthday. The premiums shall be paid

by the retiree.

Extended Health Care Plan

The College agrees to provide faculty members with the University provided family extended health

care plan. The College agrees to pay the full cost of premiums.

See Memorandum of Understanding on CSF Benefits

See Memorandum of Understanding on Regular Benefits

Research Grant in Lieu of Salary (formerly '19.13)

Effective January 1,2001, faculty members shall be entitled to receive a portion of their salary in

the form of a research grant in accordance with College practice for sabbatical leave research

grants (Article 16.11), provided they can reasonably demonstrate to the College that such funds are

required for research that extends beyond their normal duties. The Research committee of Faculty

Council shall assess the quality of proposals for research grants and the funding requested, among

other things. Research grants shall not be unreasonably withheld. The grant may include funds for

travel, certain living expenses while away from Saskatoon, national and international conferences,

research materials, books, telephone, fax, copying, and for such other items as are related to the

research costs. The tax status of expenditures under the research grant is a matter to be settled

between the individual and the Canada Customs and Revenue Agency.

19.13

19.14

19.15

Collective Agreement 201 0-201 3 65

19.16

1 9.1 6.1

19.16.2

19.16.3

19.16.4

Fringe Benefits for Sessional Lecturers

Sessional Lecturer's Accountable Account

For each 6 credit unit course taught, the College agrees to provide Sessional Lecturers with an

accountable professional development allowance account equivalent to the amount established in

the UofS-CUPE 3287 (Sessional Lecturers) Collective Agreement. ln 2003-04, the accountableprofessional development allowance is $220 per 6 credit unit course taught. Allowable expenses

should relate to the Sessional Lecturer's responsibility for teaching, including such items as books,

magazines, journals, monographs, equipment, supplies, travel expenses, and membership in

professional or learned societies. While in the College's employment, an Accountable Professional

Allowance claim form should be completed and submitted with attached original receipts to the

STM business Offìce for reimbursement of expenses.

Academic Participation/Professional Development Fund

St. Thomas More College will make available a fund of $2,000 per year to enable the academicparticipation of, and to support the professional development of, sessional lecturers. Annually,

unused portions of the fund will revert back to the College. Effective July 1, 2009, this fund will

accumulate from year to year.

The Joint Union-Management (JUMC) committee will administer the fund in accordance with

guidelines to be established by the JUMC. The JUMC will evaluate and make changes to theguidelines as necessary.

Retirement Savings Contribution

Effective September 1, 2008, The College shall provide, to eligible members, a payment in the

amount of six percent (6%) of their current STM sessional lecturer earnings, in lieu of pension, to

be invested at the member's discretion.

Eligibility is determined over a rolling two-year period and requires STM sessional earnings greater

than or equal to 35% of the Year's Maximum Pensionable Earnings (YMPE) in each of two

consecutive years.

Earnings from non-STM sessional employment will be excluded from eligibility determination.

Eligibility will be maintained until there is a break in STM employment of 12 consecutive months, at

which time an employee must re-qualify for payments agreed upon in the eligibility criteria.

Health Spending Account

Effective September 1, 2008, sessional lecturers may be eligible to receive a Health Spending

Account (H.S.A.). Health Spending Accounts are used to reimburse health, dental, and optical

expenses to the employee and their eligible family members.

The College will contribute an amount of $500 per year for each eligible sessional lecturer.

Eligibility is determined over a one-year period and requires a total of 12 credit units of teaching at

STM during this period.

Continued eligibility for a yearly H.S.A. requires appointments at STM totaling 6 credit units over a

one-year period. Where this is not met, employees will be required to re-qualify for a H.S.A.

according to the eligibility criteria.

Collective Agreement 201 0-201 3 66

19.16.5

19.16.6

19.16.7

19.17

20.0

20.1

lf there is a credit remaining in an employee's H.S.A. at the end of the policy year, August 31 st, it

can be carried fonruard to the next benefit year. Credits cannot be carried fon¡¡ard more than one

benefìt year.

Critical lllness Fund

Beginning July 1, 2008, the College will make available a fund to provide critically ill members of

the bargaining unit with financial assistance. STM will contribute $500 to the fund on a yearly basis.

Any unused funds will be carried over to the next fiscal year.

The Joint Union Management Committee (JUMC) will administer the fund in accordance with

established guidelines developed by the JUMC.

ln the event an employee is unable to accept teaching appointments or complete the second term

of a six-credit unit course because of a critical illness, consideration may be given to providing a

financial payment.

Group Life and Accidental Death and Dismemberment lnsurance

The College will provide group life and accidental death and dismemberment insurance for

sessional lecturers during the terms of their appointments. The coverage for each sessional

lecturer shall be maintained at $15,000 from the first day of the appointment through the last day as

set out in the letter of offer. The College will pay these premiums.

Death Benefit

ln the event of the death of an employee during the Regular Session, the College shall pay the

employee's relict or dependant two months' salary as a death benef¡t in addition to payment to the

estate for that portion of the employee's monthly salary that has elapsed up to and including the

date of death.

Fringe Benefits for Continuing Sessional Faculty

Continuing Sessional Faculty who have taught at least 12 credit units for the past two calendaryears at St. Thomas More College will have the following benefits:

i) Pension (See 19.2)

ii) Compulsory Life lnsurance (See 19.3)

iii) Voluntary Group Life lnsurance (See 19.3)

iv) Salary Continuance Plan (See 19.4)

v) Sick Leave (See 19.5)

vi) Travel lnsurance (See 19.6)

vii) Death Benefit (See 19.7)

viii) Dental Plan (See 19.11)ix) Extended Health Care Plan (See 19.12)x) Vision Care Plan

HOLIDAYS AND VACATIONS

Faculty members and Librarians are entitled to six weeks annual vacation which may be taken

between regular academic sessions of the University, i.e., from Spring Convocation to Fall

Registration. Arrangements may be made to take all or part of the vacation entitlement at another

time of the year provided that the absence does not conflict with the faculty member's normal

duties.

Collective Agreement 201 0-201 3 67

20.2 Summer employment beneficial to a faculty member's college activities or of a kind recognized as apublic service, or the teaching of summer school on this Campus, shall not be charged against a

faculty member's vacation entitlement. lf a faculty member's summer activities necessitate his/her

absence from the College for more than the six-week vacation period, arrangements shall be made

with the Dean who shall grant approval only after ascertaining that the absence of the faculty

member shall not overload the work of the remaining faculty members.

20.3 Salary will not be paid in lleu of unused vacation time and, under normal circumstances, a faculty

member will not be allowed to accumulate his/her vacation entitlement from one year to the next.

20.4 Faculty members shall notify the Department Head or Dean of their summer programs, and

arrange with him/her the time of their vacations.

20.5 The Librarian shall arrange his/her vacation in consultation with the President.

20.6 The College and Union will recognize the following paid holidays:

New Year's DayGood FridayVictoria DayCanada DaySaskatchewan DayLabour DayThanksgiving DayRemembrance DayChristmas DayBoxing Day

2'I.O TERMINATION OF EMPLOYMENT

21.1 Resignations

Resignations must be submitted 90 days in advance of termination, for example by March 3'1 and

be effective as of June 30. A member intending to resign must send a formal letter of resignation to

the President. Copies should be sent to the Head of the Department, and the Dean.

21 .1 .1 Unless other arrangements are approved by the President, resignations become effective on June

30. A resigning faculty member should arrange to take annual vacation before that date. By

mutual agreement between the faculty member and the President, other arrangements may be

made, but salary will not be paid after the faculty member has taken up the duties of a newposition.

21 .1 .2 Librarians shall give the College 90 days notice before the effective date of resignation. A shorterperiod of notice may be arranged with the President.

21.2 Retirement

See Benefits Page

21 .2.1 . Effective July 1 , 2010, all eligible tenured faculty who retire after age 55 with a minimum of 10

years of service shall be entitled to a post retirement spending account for a two-year period

following retirement. The spending account is restricted to the reimbursement of private health and

dental insurance premiums only. For individuals maintaining compulsory group life insurance

coverage, the post-retirement spending account shall be in the amount of $'l ,000 per year. For

individuals who are not eligible for or opt out of compulsory group life insurance coverage, the post-

retirement spending account shall be in the amount of $2,000 per year.

Collective Agreement 201 0-201 3 68

22.0

22.1

22.2

22.3

22.4

22.5

22.6

22.7

22.8

22.9

FINANCIAL EXIGENCY

For the purpose of this agreement a state of financial exigency shall be a genuine fìnancial crisis as

established by generally accepted accounting procedures involving:

i) a defìcit which is projected to continue after rigorous economies have been introduced in

all sectors of the College budget other than the budget for faculty members' salaries as

described in section 11; and

ii) which constitutes a problem sufficiently grave that the College's continued academic

functioning would be endangered unless the budget for faculty members' salaries and

benefits was reduced.

The Board of Governors shall not terminate any contract of a faculty member, for reasons offìnancial exigency except in accordance with this article.

When the College Financial Committee determines that a genuine financial crisis does exist, that all

possible attempts have been made to rigorously reduce the non-salary expenditures of the College

Budget, thus making it necessary to reduce the salaries and benefìts for faculty members, or staff,

they shall so notify the Board of Governors.

lf after reviewing the total fìnancial status of the College, the Board of Governors is satisfied that a

bona fìde financial crisis exists, it shall ask the President to so notifu the Union and to keep the

Consultation Committee informed of the developing situation. lt is incumbent upon the Board ofGovernors to approach the Corporation by a special meeting to seek additional sources of funding

for the College. After exhausting these possibilities the Board of Governors shall declare a state of

financial exigency and ask the President to call a special meeting of the Faculty Council.

After the declaration of a state of fìnancial exigency by the Board of Governors the College shall

cease all hiring of new faculty members.

The Faculty Council shall hold a special meeting at which the entire problem will be clearly defìned

for all members. lt will be demonstrated where the College has introduced rigorous economies in

all phases of its budget. After being given the facts in a clear and precise manner members of the

Faculty Council will be given an opportunity to discuss solutions.

It is recognized that St. Thomas More College is small enough, and a spirit of cooperation exists

between all faculty so as to allow for voluntary leave of absence during a period of financial

exigency. Therefore each employee shall examine his/her own situation so as to find a possible

solution to the problem without forcing the College to take severance action and terminate the

employment of any employee.

Faculty members may voluntarily accept

i) an indefinite leave of absence without pay,

ii) reduced teaching loads with corresponding reduced salary but full benefits,iii) reduced salary without a reduced teaching load but with full benefits,

iv) research leave without salary wherein the faculty members salary and benefìts would

come from the research grant,

v) early retirement with reduced benefìts under the pension plan,

v¡) study leave with an educational grant from the College,vii) part-time status at the College, orviii) alternative proposals by faculty members.

A faculty member who has taken voluntary leave of absence for reason of fìnancial exigency shall

be entitled at the College's expense to the University's group life insurance coverage for members

Collective Agreement 201 0-201 3 69

22.10

22j1

22.12

22.13

22.14

22.15

and to the pension plan, and at his/her sole expense to participate in any or all other of theCollege's fringe benefit plans (including ret¡rement) for members from time to time in force until

termination of laid-off status occurs or he/she obtains alternate employment, whichever is earlier.ln addition, a faculty member who undertakes voluntary leave shall be entitled to retain any Collegeloan until termination of the leave of absence occurs or he/she obtains alternate employment,whichever is earlier. (Alternate employment shall mean the acceptance of a full{ime position so

that the faculty member resigns from his/her position at St. Thomas More College).

During the period of voluntary leave of absence, faculty members shall continue to have full access

to library facilities on the same basis as on-site members. Departments shall attempt to maintain a

full range of collegial contacts with members on leave, and to provide them with full access tocomputer and research facilities; and these members shall endeavour to make use of same inorder to keep up with on-going work in their fìelds. Faculty members who accept a voluntary leave

of absence for fìnancial exigency reasons may keep their office facilities at the College through theperiod of their leave.

ln the event that members of the College are not able to arrive at an amicable, voluntary solution ofthe problem then the Consultation Committee shall establish procedures and criteria for terminationof employment contracts (severance) which shall be submitted to the Board of Governors and theUnion for approval. These procedures and criteria shall set out the academic priorities andprocedures for determining severance of individual faculty members. Such priorities shall notcancel the provisions of the Agreement which guarantee protection of academic freedom.

All faculty members who are terminated because of a state of financial exigency shall receive from

the College a period of notice not less than one academic year. A faculty member on a limited termappointment whose term of employment expires in less than six months need not be sent a letter ofnotification. ln addition, any faculty member whose contract is terminated, except for those onlimited term appointments, shall receive severance pay of one (1) additional month's salary foreach year of service at the College not to exceed twelve (12) months total severance pay.

A faculty member who has been notified that his/her contract will be terminated, at his/herdiscretion, may elect to receive a cash settlement equal in value to his/her monthly salary times thenumber of months that remain in the period of notification to a maximum of twelve (12) monthssalary before the effective date of termination, in lieu of severance pay and continuing employmentat St. Thomas More. This cash settlement shall not affect recall rights.

A faculty member who has taken voluntary leave of absence shall receive the fìrst offer ofemployment for the first available position in his/her field. All faculty members who have voluntarilyundertaken one of the other options oÍ 22.8 shall be restored to full status prior to recall ofindividuals whose contracts were terminated. A faculty member whose probationary or tenuredposition has been terminated as a result of fìnancial exigency shall receive the next offer ofappointment after those who accepted voluntary leave for the f¡rst available position in his/her field.Untenured faculty members shall receive prior consideration for a period of three (3) years aftertheir position was terminated. Tenured faculty members shall receive prior consideration for aperiod of fìve (5) years after their position was terminated. The order of recall shall be the same as

the order of voluntary leave or termination. When an offer of employment made to such a facultymember and is accepted, such an individual shall have a reasonable period of time, not to exceed

an additional twelve (12) months, to complete existing employment obligations. ln addition, thefaculty member shall have at least two (2) months in which to consider whether to accept or reject

the offer of employment.

ln the event that a faculty member on voluntary leave of absence, or whose position wasterminated, as a result of financial exigency is subsequently given a full-time academic appointmentwithin the College, he/she shall receive such tenure status, seniority, and accumulated sabbaticalbenefits as he/she enjoyed at the time of the declaration of financial exigency.

Collective Agreement 201 0-201 3 70

22.16

23.0

23.1

23.2

23.3

23.4

23.5

23.6

23.7

24.0

24.1

All time limits of this sect¡on may be altered by mutual agreement of the members of the members

of the Consultation Committee, subject to ratification by the Board of Governors and the Faculty

Union.

PROGRAM REDUNDANCY

Program redundancy means a decision made by the Board of Governors to terminate or reduce a

program or department in the College for reasons other than fìnancial exigency. The decision to

terminate a program or department may be made where there has been a sustained loss ofstudents so that it is no longer in the interests of the College to maintain that emphasis in the

curriculum. lt is also recognized that other circumstances besides sustained loss of students may

cause the Board of Governors to restructure the College program.

Recommendations for the termination of a program or department in the College shall first be

supported by a trvo{hirds (2/3) majority vote of the Faculty Council membership. The decision shall

be final only after the Corporation has voted to accept the Board of Governors recommendat¡on.

When it is apparent that individual faculty members are affected by sustained loss of students

taking courses in a particular department but the loss is not so great as to institute redundancyprocedures, then the individual concerned shall be offered the opportunity to take study leave in

preparation for service in another College department. The President and Dean, after consulting

with the Executive of Faculty Council, shall meet with the faculty member and a representative of

the Faculty Union to discuss the problem and arrive at a solution.

No tenured faculty member shall have their contracts terminated for reasons of program

redundancy. A tenured faculty member affected by program redundancy shall either a) retain a

teaching portion of his/her existing contract in combination with administrative work provided that

the administrative work does not restrict the faculty member's research, or b) accept a study leave

grant from the College for retraining in another academic subject taught at the College with aposition in that department (see Sec. 17.6), or c) accept early retirement with pension benefìts.

The cost of retraining shall be governed by the Educational Leave Clause. lf it is deemed

necessary by the President, a parity committee may be created to distribute funds for retraining.

Faculty members on probationary appointment shall receive one academic year notice before theirpositions are terminated for reasons of program redundancy.

Faculty members on probationary appointment whose positions are terminated due to program

redundancy shall be eligible for severance pay and recall utilizing the regulations governing

fìnancial exigency. They shall also receive library privileges, access to computer facilities, and may

continue to contribute to fringe benefits if they choose to remain in Saskatoon until a position

reopens for them at the College.

DISCIPLINE

The College shall not discipline any employee without just cause. Disciplinary action should beprogressive except in cases of very serious misconduct, and the employee should be given an

opportunity to correct their problematic behaviour before the next step is taken. Progressive

disciplinary actions include, but are not limited to,

i) letter of warning,ii) letter of reprimand,iii) suspension without pay from duties,iv) dismissal. Prior to any written warning, there should be an informal consultation with the

employee. A letter of warning indicates that the Administration is not taking any immediate

steps on the matter at this point but indicates that both the employee and the

Collective Agreement 201 0-201 3 71

Administration is aware of the situation. Such a letter is to remain in the employee's fìle forthree years.

24.2 Disciplinary action may be justified only if the following conditions exist; a) the tasks, functions,responsibilities and personal behaviour expected of an employee have been made clear throughspecific instruction including the Faculty lnformation Handbook and the Collective Agreement, or it

can be reasonably deduced that these would be understood by virtue of the employee's rank and

status as a member of the academic community in a Catholic college; b) through specific andproper instruction, the employee will have had a reasonable opportunity to know and understandthe standard of performance that the College expects, and the standard of performance that is not

acceptable.

24.3 The College shall discipline an employee privately in the presence of a Union representative.

24.4 The College shall give notice to an employee, in writing, of the reasons for disciplinary action at the

time such action is taken. This notice shall be given within ten working days of the date of theincident alleged or within ten working days of the date on which the College became aware of theincident. A copy of the notice shall be supplied to the Union.

24,5 ln discipline cases the burden of proof of just cause shall rest with the College. Evidence shall be

limited to the grounds stated in the discipline notice provided to the employee and the Union.

24.6 The College and the Union recognize the value of progressive discipline as a corrective tounacceptable behaviour. Except in cases of extreme seriousness, the parties will conscientiouslyattempt to ensure adequate advice is given to an offending employee to permit timely correction ofdeviant behaviour.

24.7 The College shall advise an employee and provide him/her the opportunity, at a mutuallyconvenient time, to examine any document in his/her personnel file expressing dissatisfaction with

his/her performance or conduct. The employee's response to any such document shall be placed in

the file and he/she shall have recourse to the grievance procedure to dispute any derogatory entry

in the personnel fìle. Failure to grieve previous discipline, or to pursue such a grievance toarbitration, will not be considered an admission that such discipline was justifìed.

24.8 Refusal to accept instructions given by an authorized representative of the College shall not begrounds for disciplinary action, if

a) the instructions conflict with the employee's right to engage in legitimate collectivebargaining activity, or

b) the instruction infringes upon the employee's right to academic freedom.

24.9 Reprimand

Reprimand shall be a written statement issued by the President to an employee stating that the

employee's activities have been such as to violate acceptable standards of performance of tasks,functions or responsibilities appropriate to the employee's present rank and current terms ofappointment, or that the employee has failed to carry out proper instruction. The written statementshall include reasons for the disciplinary action and a copy shall be sent to the Union.

24.10 A letter of reprimand will normally be followed by the withholding of a CDI in the subseguent year.

ln the case of sessional lecturers and Continuing Sessional Faculty, a letter of reprimand mayinvolve the loss of recognition for the equivalent of one 6 credit units class toward the provisions

specified in Article 1'1 .1.2 with regard to increments and in Article 5.1 .11.4 with regard toprogression to the Continuing status.

Collective Agreement 201 0-201 3 72

24.11

25.0

25.1

25.1.1

25.1.2

25.1.3

25.1.4

25.1.5

25.2

25.2.1

25.2.2

25.2.3

25.3.4

25.3

25.3.1

ln cases of dismissal, the College may suspend the employee immediately. Where the employee

files a formal grievance within appropriate time limits, the employee shall continue to receive full

pay and benefìts until the grievance has been determined.

COMPLAINTS, GRIEVANCES, AND ARBITRATION

General

The intention of this section is to encourage the prompt and just resolution of complaints and

grievances arising from the administration of this agreement.

Except as othenrrise specified in the Agreement, the procedures detailed here shall be the sole

method for the resolution of differences or disputes between the Administration and any employee

or the Union, including, but not limited to complaints and grievances arising from the interpretation

and application of this agreement. There shall be no discrimination, harassment, or coercion of any

kind against any person who elects to use these procedures.

The time limits set out herein may be extended by the consent of both parties. They shall be

exclusive of statutory holidays.

It is the desire of both parties to this Agreement to resolve grievances in a way that is just and

equitable, and it is not the intention of either the administration or the Union to evade the settlement

of disputes on a procedural technicality. However, notwithstanding the foregoing, it is clearly

understood that time limits established herein are for the sake of procedural orderliness and are to

be adhered to. Should either party fail to adhere to the time limits, the onus is on that party to show

a justifìable reason for its failure to adhere to such limits.

All communications required by complaint, grievance, and arbitration procedures shall be written

and receipt acknowledged in writing.

Complaints

Parties to the Agreement are encouraged to resolve disputes over terms and conditions ofemployment, in the fìrst instance, through informal discussions with one another. lf the dispute is

not resolved in this manner, it may be referred to the Consultation Committee by the Union or the

Administration in sufficient detail for that body to comprehend its nature and to attempt a resolution.

Such discussions shall not in any way prejudice the procedures for resolving disputes set out in this

Agreement.

lf both the Administration and the STMFU agree to do so, they may jointly obtain the services of an

agreed third person to ass¡st in facilitating resolution of the complaint. The costs for the services

provided by this third person will be equally shared between the College and the Union.

lndividual employees have the right to be assisted by a member of the Union Executive when

making complaints to, or receiving complaints from, the Administration.

The Grievance Committee shall consist of four persons, two appointed by the Union and two by

Administration.

Grievances

The word "grievance" denotes any disagreement arising from an alleged violation, interpretation,

administration, or application of all or any part of this Agreement.

Collective Agreement 201 0-201 3 73

25.3.2 Grievances may only be filed by the Faculty Union. The Union may file grievances in its own rightor on behalf of an employee. A statement of grievance must be filed with the Grievance Committeewithin thirty (30) days of the discovery of the alleged grievance.

25.3.3 A grievance proceeding is initiated by a statement in writing to the Grievance Committee which setsout the substance of the grievance and indicates the provisions of the Agreement that are allegedto have been improperly interpreted, or wrongly applied, or violated. The Grievance Committeeshall follow due process in its proceedings.

25.3.4 The Grievance Committee shall consist of four persons, two appointed by the Union and two by theAdministration.

25.3.5 When a grievance is initiated on behalf of an employee, that employee shall have the right to beheard by the Grievance Committee. After presenting his or her case, the employee shall leave themeeting so that the Grievance Committee members may attempt to resolve the question.

25.3.6 The Grievance Committee shall meet within fourteen (14) days of receiving a grievance and shalldiscuss the grievance in an attempt to arrive at a solution which is acceptable to both parties.

25.4 Arbitration

25.4.1 lf the parties are unable to arrive at a mutually acceptable resolution within a fifteen (15) dayperiod, the Union may refer the matter to Arbitration by giving notice of its intention to do so withintwenty (20) days of the meeting of the Grievance Committee. lf the Union does not give notice ofits intention to take the grievance to arbitration, the grievance in question shall be considered tohave been abandoned.

25.4.2 The procedure to be followed in a case where a matter proceeds to arbitration shall be as follows:

i) the Union shall provide the name of its nominee to the Board of Arbitration in its notice to

the President of its intention to proceed to arbitration;

ii) within fìve (5) days of receiving the notice, the President shall provide the Union with thename of the College's nominee to the Arbitration Board;

ii¡) the two nominees named by the parties to this agreement shall, within ten (10) days of the

appointment of the second of them, appoint a third member of the arbitration board who

shall be the chairperson thereof:

iv) in the case where:

a) the Board fails to appoint its nominee to the Board of Arbitration; or

b) the two nominees fail to agree on the appointment of a third member; thechairperson of the Saskatchewan Labour Relations Board shall, upon the request

of a party to this Agreement:

c) in the case mentioned in i) above, appoint a nominee on behalf of the Board;

d) in the case mentioned in ii) above, or when the Union's nominee and thenominee appointed by the Labour Relations Board on behalf of the Board, fail to

agree on the appointment of a third member, appoint a third member and themember so appointed shall be the chairperson of the Arbitration Board.

25.4.3 The Arbitration Board shall not have jurisdiction to amend or add to or subtract from any of theprovisions of this Agreement or to substitute any new provisions in lieu thereof, nor to give anydecision inconsistent with the terms of this Agreement, provided, however, that the Arbitration

Collective Agreement 201 0-201 3 74

25.4.4

25.4.5

25.4.6

25.4.7

25.4.8

25.4.9

25.4.10

25.5

25.5.1

Board will not be barred from hearing and rendering an award on the basis of a technical

irregularity.

The College and Union shall equally share the expenses of the Arbitration Board. Each of the

parties shall be responsible for all costs and expenses of its own nominee, counsel, and witnesses,

except those witnesses who are persons in the employ of the College shall continue to receive theirregular compensations while acting as witnesses and no charges shall be assessed for the working

time lost while they are acting as witnesses. The expenses of the Chairperson shall be split equally

between the parties.

The Arbitration Board shall exercise those powers enumerated in the Trade Union Act of

Saskatchewan, as amended from time to time, and the decision of the majority of the members of

an Arbitration Board; or where there is no majority decision, the decision of the Chairperson of the

Board of Arbitration shall be the decision of the Arbitration Board.

The Arbitration Board shall convene a hearing within twenty-one (21) days of being notified, and

shall attempt to conclude proceedings and render a decision as expeditiously as possible.

The Arbitration Board shall have the power to make such rulings as to procedure and disclosure as

are required to decide the matters in issue between the parties. ln particular, the Arbitration Board

may require the parties to disclose to each other all documents in their possession upon which they

intend to rely at the hearing of the arbitration. ln the case where documents in the possession of

one party may be relevant to the position of the other party, the Arbitration Board may, upon

application, and upon being satisfìed of the existence and relevance of the documents, order the

party in possession of the documents to make disclosure of them to the other party.

The Arbitration Board shall:

i) notify all persons concerned of the time and place at which it intends to hear the parties;

¡i) afford both parties the right to appear in person with or without counsel or other advisors,

and to examine and cross-examine witnesses;

iii) hold hearings in camera unless both parties agree in writing that they shall be open, and

instruct all persons appearing before the hearing in camera to treat all evidence and

proceedings as confidential; and

iv) grant an adjournment in any instance where a party has been prejudiced by the otherparty's failure of disclosure or delay in disclosure of documents.

The Arbitration Board shall issue a written decision that contains findings of fact, reasons, and

conclusions.

Nothing herein contained prevents the Union and the College from agreeing to proceed by way of a

sole arbitrator in which case the provisions of this section would apply to the Arbitrator.

Limitations on Access to Grievance Procedures and Arbitration

Certain review procedures involving complex forms of academic peer judgment have evolved out of

continuous practical experience. These review procedures are described in the following articles of

the Agreement: renewal of probationary appointments (6.0), tenure and promotion (7.0, 8.0, 9.0),

dismissal(10.0), salary review (12.0), and sabbatical leave (16.0). Specialappealprocedures exist

as remedy for grievances concerning these matters, and resort to article 25.0 shall be permitted

only insofar as it is provided for in the above articles.

Collective Agreement 201 0-201 3 75

26.0 STRIKES AND LOCKOUTS

26.1 We agree that there shall not be, during the currency of this Agreement any lock-out by the

College, or any form of strike, work stoppage, work slow-down by members of the Union.

26.2 Furthermore, we agree to work together to maintain the services of the College, the Chapel, and

the residence in case of a strike or lock-out by any Union related to the University of

Saskatchewan. ln the case of a strike by a Union associated with the University of Saskatchewan

so that access to classrooms is hindered by picket lines, a union member who honours the picket

lines shall receive no further penalty than the loss of one day's pay for each day he/she does not

meet with his/her class.

27,0 NEGOTIATION PROCEDURES

27.1 Term of the Agreement

27 .1 .1 This Agreement shall be in effect for the term July 1 , 2010 to June 30, 2013.

27.1 .2 lf a new collective agreement has not been ratified by both parties at the expiry date of this

agreement, then all the provisions of this agreement shall continue until a new collective agreement

has been ratified by both parties.

27 .1.3 We agree to meet and re-negotiate any clause or part thereof which may be held invalid by judicial

or legislative act.

27.2 Negotiating Committee

27.2.1 The Board and the Union will each appoint three members to a Negotiating Committee.

27.2.2 lf mutually agreed, the parties may commence collective bargaining sessions more than sixty days

prior to the termination of the Agreement.

27.2.3 Negotiations shall take place at a time and place fìxed by mutual consent of the parties.

28,0 CONSULTATION COMMITTEE

28.1 The Board and the Union agree that there shall be a Consultation Committee for purposes of

managing this Agreement as well as maintaining the policies that intersect with the Collective

Agreement, and resolving disputes that arise over these intersecting policies.

28.2 The Committee shall be composed of three representatives each of the Board and of the Union.

Two members of this Committee, one from each party, shall be designated by Administration and

the Union as joint chairs. They shall alternate in presiding over meetings and they shall be

responsible for determining and circulating notices of meetings and agendas and for recording

actions of the Committee.

28.3 The Committee shall meet as necessary but at least twice per term during the academic year

(September to April) unless othen¡vise agreed to by both parties. Either party may call a meeting.

Whenever possible, meetings should be called with seven (7) days written notice and written

agendas should be provided at least twenty-four (24) hours in advance of each meeting.

28.4 The Committee should ordinarily seek a cot'ìsensus decision, but if a collsensus cannot be reached

a recorded vote may be taken.

28.5 The responsibilities of the Committee shall be:

i) to deternrine those issues specifically placed before it by the Board or Union;

Collective Agreement 201 0-201 3

iD to review matters of mutual concern, especially those arising from the management of the

Agreement;

iiD to maintain and develop a spirit of cooperation and mutual respect between the parties:

iv) to be a means of exchanging information between the parties.

On matters referred to it by the Faculg Council, the Committee shall respond directly to the Faculty

Council w¡th a copy to the President of the College and the President of the Union.

THIS AGREEMENT IS SIGNEDTHIS DAY OF JUNE, 2O1I , AS FOLLOWS:

On behalf of St. Thomas More Faculty Union:On behalf of St. Thomas More College:

Acting President Ken Smith Brian Chartier, President

-L

Collective Agreement 201 0-201 3 77

Appendix 1

Salary Adjustments for Faculty

July 1, 2010 to June 30, 2013

July 1,2010

Tenure, Tenure-Stream and Term Faculty

4.5% adjustment to salary scales

4.5%o adjustment to Career Development lncreases

S3OO.OO increase to salaries for all active employees, salary floors and ceilings

Continuing Sessional Faculty

- 45% adjustment to salary scales

- 4.5o/o adjustment to Career Development lncreases

Sessional Faculty

See Memorandum of Agreement Regarding Wages and Benefits for Sessional Lecturers

July 1,2011

Tenure, Tenure-Stream and Term Faculty

4.0% adjustment to salary scales

4.0% adjustment to Career Development lncreases

5300.00 increase to salaries for all active employees, salary floors and ceílings

Continuing Sessional Faculty

- 4.OYo adjustment to salary scales

- 4.O% adjustment to Career Development lncreases

Sessional Faculty

See Memorandum of Agreement Regarding Wages and Benefits for Sessional Lecturers

Collective Agreement 201 0-201 3 78

luly t,20t2

Tenure, Tenure-Stream and Term Faculty

- 4.O% adjustment to salary scales

- 4.0% adjustment to Career Development lncreases

- $gOO.00 increase to salaries for all active employees, salary floors and ceilings

continuing sessional "iÏ

adjustment to sarary scares

4.0% adjustment to Career Development lncreases

Sessional Faculty

See Memorandum of Agreement Regarding Wages and Benefits for Sessional Lecturers

At present, Tenured and Tenure Stream Faculty and Continuing Sessional Faculty are members of the

Research Adm¡n¡stration Benefits Plan at the University of Saskatchewan. Changes in those benefits at the

U of S automatically affect benefits for STM employees in these categor¡es.

Benefits

Tenure, Tenure Stream and Term Faculty

Effective Date: July t,2OtO - lncrease ín Sabbatical Leave coverage from 80% to 90% of regular salary

Effective Date: July 1,zOtO - lncrease in Overload Remuneration stipend from 56,900 to 59,900

Effective Date: July 7,2OLO - Housing Allowance Advance increase from S12,000 to 530,000 over five (5)

years

Effective Date: July t,2OtO - A new post-retirement fund of either 51,000 with life insurance or 52,000without life insurance per year for two years, to cover health and dental premiums. Faculty members whoretire after age 55, on or after July 1, 2010, with a minimum of ten (10) years of service will be eligible for this

spending account. This account provides the following two options:

51,000 for each of the first two (2) years following retirement if retiree maintains group life insurance or,

Collective Agreement 201 0-201 3 79

52,000 for each of the first two (2) years following retirement if retiree is not eligible for or opts-out of, group

life insurance coverage, The account will reimburse premiums paid to private health and dental insurance

plans only.

Effective Date: September L, 2010 - Pension Contributions (for employee and employer) increase from732%

to 85% for the defined contribution plan and f rom 6.820/o to 85% for the defined benefit plan:

Academic Money Purchase Pension Pton (Defined Contribution Plan): lncrease in the matching contributionrate from 7.32o/o to 8.50%. Discontinuation of the internal salary cap of 5130,000 to allow for contributionlimits to be reflective of tax rule thresholds.

Academic Defined Benefit Plan: lncrease in the matching contribution rate from 6.82% to 8.5%.

Discontinuation of the separate defined contribution plan for members, currently aT0.SYo, with all

contributions being redirected to the increase described above (balances will remain under the individualmember's account in the separate defined contribution plan)

Effective Date: Octob er 7,201,0 - Flexible Spending Program: (Health and Wellness Account similar to theUniversity of Saskatchewan). Flexible Spending Program increase in the annual allocation from St50 to 5500

Effective Date: May !,2OtL - Dental: Lifetime coverage for child orthodontics increase from 51,500 to

s2,000

Effective Date: May t,2OLt - Addition of Dental implants as an acceptable treatment under the dental

alternative clause.

EffectiveDate: July'J",20'J,7-Periodoftopupof Employmentlnsurance(El)paymentsduringparental leave

increases from2I to 35 weeks.

o Changes to Benefits at the U of S arising from legislotive changes to mandatory retirement that

permit working post oge 67 will be implemented and dealt with during the term of this ogreement,

Continuing Sessional Faculty

Effective September t,20tO - Pension changes apply only to those who are currently eligible and will be

provided as outlined above.

Effective May 1, 20II - Dental child orthodont¡cs changes apply only to those who are currently elígible and

will be provided as outlined above.

Effective May 1, 2011 - Dental implant changes apply only to those who are currently eligible and will be

provided as outl¡ned above.

Sessional Lecturers - See Memorandum of Agreement Regarding Wages and Benefits for Sessional Lecturers

Collective Agreement 201 0-201 3 80

SALARY SCHEDULE JULY I, 2OIO . JUNE 30, 2011SCHEDULE I

URE, TENURE-STREAM AND TERM FACULTV MAXIMUM

FACULTY RANKPROFESSOR

INCRSTOCEILING

6.006.006.009.009.00

6.006.006.006.00

WAGE

SSOCIATE PROFESSOR

BASE SALARYsl10,995

994,963$78,931862,626s50,747s96,324

$81,804$68,604

INCREMENTSs2,672$2,672

92,672$2,672$1,980s2,672s2,420$2,200

RANKs127,024sl10,995

$94,963986,674$68,567

sr r2,356896,324s81,804

ASSISTANT PROFESSORLECTURERINSTRUCTORLIBRARIAN IVLIBRARIAN IIILIBRARIAN IILIBRARIAN I s5s,404 s68.604

INUING SESSIONAL FACULTYBased on 12 Credit Units

RANKINCRS TOCEILING

12.00I 1.50

I 1.50

MAXIMUMWAGE FOR

RANK$44,582

ESSIONAL FACULTY *

MAXIMUMBASE SALARY

6 CREDIT UNITS72,055I 1,597

WAGE FORANKSESSIONAL - LEVEL 3

SESSIONAL - LEVEL 2

SESSIONAL - LEVEL I

RA12,055I 1,587

I l-l 19 I l-l 19

Note: Sessional Faculty are eligible for a S20 stipend per student for each Special Deferred Exam

* See Mernorandum of Agreement pertaining to sessional faculty salaries and benefrts

Collective Agreement 20'l O-2O1 3 81

SALARY SCHEDULE JULY 1, 2011. JUNE 30, 2012SCHEDULE 2

NURE, TENURE-STRBAM ANDTERM FACULTY MAXIMUMWAGE FOR

RANKs 132,410

$l r5,73ós99,062s90,442$71,608

$r r7,152$ r 00,478

$85,376

FACULTY RANKPROFESSOR

ASSOCIATE PROFESSORASSISTANT PROFESSORLECTURERINSTRUCTORLIBRARIAN IVLIBRARIAN IIILIBRARIAN IILIBRARIAN I

BASE SALARY$l t5,736

s99,062s82,3ggs65,431

s53,077s100,478

$85,376$71,648

INCREMENTS$2,779s2,779s2,779s2,779s2,059s2,779$2,51782,288

INCRS TOCEILING

6.006.00

6.009.009.006.006.006.006.00ss7 s7r

..tI llt,i

Note: Sessional Faculty are eligible for a S20 stipend per student for each Special Deferred Exam

* See Memorandum of Agreement pertaining to sessional faculty salaries and benefits.l

Irri

UING SESSIONAL FACULTY

BASE SALARY INCREMENTSINCRSTOCEILING

r2.00I t.s0I 1.50

MAXIMUMWAGE FOR

RANKs46,365s36,392

ESSIONAL FACULTY *

RANKSESSIONAL - LEVEL 3

SESSIONAL -LEVEL2SESSIONAL - LEVEL I

BASE SALARY6 CREDIT UNITS

13,01912,514

MAXIMUMWAGE FOR

RANK13,01912,514

I

Collective Agreement 2O1 O-2O1 3 82

SALARY SCHEDULE JULY 1,2012 - JUNE 30, 2OI3SCHEDULE 3

NURE, TENURE-STREAM AND TERM FACULTY MAXIMUM

FACULTY RANKPROFESSOR

INCRSTOCEILING

6.006.006.009.00

9.006.006.006.006.00

WAGE

SSOCIATE PROFESSOR

BASE SALARVs120,664s103,324

$85,994s68,348s55,500

$104,905s89,097974,817

INCREMENTS$2,890s2,890s2,890s2,890$2,141$2,890

$2,618$2,380

RANKs 138,004

s120,664s 103,324

s94,358s74,769

s122,145s 104,805

s89,097

ISTANT PROFESSORLECTURERINSTRUCTORLIBRARIAN IVLIBRARIAN IIILIBRARIAN IILIBRARIAN I s60.s37 $74,819

IONAL FACULTY *

L - LEVEL 3

BASE SALARVó CREDIT UNITS

t3A7st2,952SSIONAL - LEVEL 2

SSIONAL - LEVEL I

Note: Sessional Faculty are eligible for a $20 stipend per student for each Special Defened Exam

* See Memorandum of Agreement pertaining to sessional faculty salaries and benefits

Collective Agreement 201 O-2O1 3 83

Memorandum of Agreement Regarding Retroactive Pay

Between

St. Thomas More College (STM)

And

St. Thomas More Faculty Union (STMFU)

W¡thout prejudice or Precedence

Any retroactive pay contemplated by this agreement will be payable solely to faculty members who worked during the

2010 | 20Ll acade m ic yea r.

-r*hDated this / day ofJune, 2011æ

Dr. Ken Smith

Acting President,

St. Thomas More College

Dr. Brian Chart¡er,

Pres¡dent

St. Thomas More Faculty Un¡on

On behalf of ft. Thomas More College On behalf of St. Thomas More Faculty Union

Collective Agreement 201 0-201 3 84

Memorandum of Agreement

Between

St. Thomas More College (STMI

and

St. Thomas More College Faculty Union (STMFU)

The parties agree that effective July t,zllzall language in the Collective Agreement perta¡ning to Continuing Sessional Faculty

becomes null and void.

''14Dated th¡s / day ofJune, 2011

On behalf of St. Thomas More Faculty Union

ß Cp**Dr. Br¡an Chartier,

President

St. Thomas More Faculty Union

Dr. Ken Smith

Act¡ng Pres¡dent,

St. Thomas More College

On behalf of St. Thomas More College

Collective Agreement 2O'l 0-201 3 85

Memorandum of Agreement

Between

St. Thomes More College (STM)

and

The St. Thomas More Faculty Union (STMFU)

Without Prejudice or Precedent

This agreement is made in the ¡nterest of ensuring that faculty members have all necessary information to work effectively. The

parties hereby agree that a joint Union-College committee comprised of two representatives each from STM and STMFU shall

be struck to work collaboratively to research and report on items referenced in the collective agreement that are also the

subject of policy (hereinafter called "intersecting items"). The parties further agree that the resulting comm¡ttee will:

o ldentify intersecting items to be researched and reported on to their respective principals.

o Report items of disagreement regarding the list of intersecting items to the Consultation Committee for resolution.

o ldentify ¡ntersecting ¡tems that require add¡t¡onal consultation with appropriate College faculty or staff and request

th¡s consultat¡on in order to complete their work.. Recommend amendments to intersect¡ng policy or to the Collect¡ve Agreement regarding the agreed list of

intersecting ¡tems to their respective pr¡ncipals.

. Complete the work described herein within one year of date of signing the Collective Agreement.

q tl^Dated this I day ofJune, 2011

On behalf of St. Thomas More Faculty Union

8,,*ClADr. Brian Chart¡er,

President

St. Thomas More Faculty Union

Dr. Ken Smith

Acting President,

St. Thomas More College

Collective Agreement 201 0-201 3 86

Memorandum of Agreement

Regarding Wages and Benefits for Sessional Lecturers (Sess¡onal Wage and Benefits Agreement)

Between

St. Thomas More College (STM)

And

St. Thomas More College Faculty Union (STMFU)

Without Prejudíce or Precedent

This agreement is made given that:

¡ the collective agreement between the Univers¡ty of Saskatchewan (U of S) and the Canadian Union of Public

Employees local 3287 (Sessional Lecturers) has not been settled as of the date of signing of the Memorandum of

Agreement in which the parties (STM and STMFU) agree to recommend settlement to their respect¡ve principals;

o both part¡es (STM and STMFU) further agree that wage and (where possible), benefit parity (as described in our

discussions), should be maintained between sessional lecturers at St. Thomas More College and the U of S at th¡s

time.

It is agreed that once the agreement between the University of Saskatchewan (U of S) and the Canadian Union of Public

Employees local 3287 (Sessional Lecturers) ¡s settled, STM will establish parity on wages and will attempt to provide other

benefits similar to those that may result from the U of S settlement be¡ng negotiated as of date of signing of this Sessional

Wage and Benefits Agreement.

It is further agreed that the parties w¡ll meet at least once following the completion of the collect¡ve agreement between the

University of Saskatchewan (U of S) and the Canadian Union of Public Employees local 3287 (Sessional Lecturers) to discuss and

finalize how the resultant wages and benefits in their settlement m¡ght also be implemented at STM'

-t 14Dated this I ¿rrofJune, 2011

Dr. Ken Smith

Acting President,

St. Thomas More College

On behalf of St. Thomas More Faculty Un¡on

Dr. Brian Chartier,

President

5t. Thomas More Faculty Union

On behalf of St. Thomas More College

Collective Agreement 2010-2013 87