Agreement - Ontario · Agreement or any renewal thereof, and shall be continued throughout any...

Collective

Agreement

between

Ontario Public Service Employees Union

on behalf of its Local 572

The Michener Institute for Applied Health

Sciences

DURATION: September 1, 2015 - August 31, 2018

OPSEUSEFPO

Uncontrolled copy of 5- 572- 5133- 20180831- 9 CA

Sector 9

5- 572-5133-20180831- 9

TABLE OF CONTENTS

ARTICLE1 - RECOGNITION......................................................................................... 1

CONTRACT POSITIONS AND BARGAINING UNIT WORK........................................................... 1

ARTICLE2 - RELATIONSHIP........................................................................................ 2

ARTICLE 3 - CHECK -OFF OF ASSOCIATION DUES................................................... 3

ARTICLE4 - UNION COMMITTEES............................................................................... 3

EXECUTIVEBOARD LEAVE................................................................................................ 5

UNIONMANAGEMENT COMMITTEE....................................................................................... 5

ARTICLE 5 - HEALTH AND SAFETY............................................................................. 5

ARTICLE 6 - MANAGEMENT RIGHTS........................................................................... 6

ARTICLE 7 - GRIEVANCE PROCEDURE...................................................................... 7

STEP1.............................:.................................................................................... 7

STEP2.................................................................................................................. 7

STEP3.................................................................................................................. 7

DISCHARGE............................................................................................................ 7

ARTICLE8 - ARBITRATION.......................................................................................... 8

ARTICLE 9 - APPOINTMENTS, PROBATIONARY EMPLOYMENT, SENIORITY ........ 9

ARTICLE 10 - HOURS OF WORK AND WORKLOAD DETERMINATION .................. 10

PROCESS............................................................................................................. 19

INSTRUCTIONAL ASSIGNMENT REVIEW COMMITTTEE ( IARC).............................................. 20

ARTICLE11 - COPYRIGHT .......................................................................................... 21

ARTICLE12 - HOLIDAYS............................................................................................. 21

ARTICLE13 - VACATIONS.......................................................................................... 22


ARTICLE 14 - LEAVE OF ABSENCE.......................................................................... 24

COMPASSIONATE LEAVE ( EMERGENCY LEAVE)........................................................ 26

BEREAVEMENT LEAVE........................................................................................... 27

CONTRACT REPLACEMENT.................................................................................... 27

ARTICLE 15 - PREPAID LEAVE PLAN........................................................................ 28

PURPOSE..................................................................................... ................. 28

ARTICLE 16 - JURY DUTY........................................................................................... 28

ARTICLE 17 - PROFESSIONAL DEVELOPMENT....................................................... 28

FACULTY PROFESSIONAL DEVELOPMENT REIMBURSEMENT PLAN................................... 29

ARTICLE 18 - FACULTY PERFORMANCE APPRAISAL............................................ 31

ARTICLE 19 - BENEFITS............................................................................................. 32

WORKER' S COMPENSATION................................................................................... 33

LIABILITY INSURANCE............................................................................................ 33

ARTICLE 20 - SALARIES............................................................................................. 34

AWARDING OF INCREMENTS.................................................................................. 34

ARTICLE 21 - RESIGNATION AND REDUCTION IN STAFF...................................... 34

RESIGNATION..................................................................................................... 34

ARTICLE 22 - NOTIFICATION OF ADDRESS CHANGE............................................. 36

ARTICLE 23 - NO STRIKE AND NO LOCKOUT.......................................................... 36

ARTICLE 24 - PRORATED WORKLOAD AND BENEFITS......................................... 37

ARTICLE 25 - DURATION............................................................................................ 38

APPENDIX I - SALARY SCHEDULE................................................................ 39

NOTE ON ABOVE SALARY SCHEDULE.................................................................... 40


FACULTY CLASSIFICATIONS AND PROGRESSION....................................................... 40

ACTING RESPONSIBILITY IN AN ADMINISTRATIVE POSITION........................................... 41

APPENDIX II - PREPAID LEAVE PLAN....................................................................... 42

ELIGIBILITY.................................................................................................... 42

APPLICATION................................................................................................... 42

APPROVAL..................................................................................................... 42

DEFERRAL PLANS............................................................................................ 42

WRITTEN AGREEMENT ..................................................................................... 42

SELECTION OF CARRIER................................................................................... 43

TERMS AND CONDITIONS.................................................................................. 43

ASSIGNMENT ON RETURN................................................................................... 44

LETTER OF UNDERSTANDING................................................................................. 46

FACULTY SALARY CALCULATIONS........................................................................ 46

LETTER OF UNDERSTANDING.................................................................................. 49

PROGRAM COMMUNICATION LIAISON...................................................................... 49

ROLE DESCRIPTION.......................................................................................... 5 0


POTENTIAL MERGER......................................................................................... 5 1


FACULTY QUALIFICATIONS................................................................................. 53


DEDICATED TIME FOR WORKLOAD MEETINGS.......................................................................... 55

LETTER OF UNDERSTANDING................................................... ............................. 56

FACULTY PROGRESSION SUPPORT....................................................................... 56



SUMMERSEMESTER......................................................................................... 57

LETTER OF UNDERSTANDING..................................................................... 58

UNION -MANAGEMENT COMMITTEE DISCUSSION....................................................... 58

iv


ARTICLE 1 - RECOGNITION

1. 01 The Union is recognized as the sole bargaining agency for all full- timefaculty engaged as a member of faculty of Michener, save and except

Chairs, Managers, persons above the rank of Chairs, Managers, non-

academic employees, persons employed for not more than twenty-one (21) hours per week, and students.

1. 02 Contract Positions and Bargaining Unit Work

a) During Union/ Management Committee meetings, the parties shall

discuss all Faculty currently on contract within Michener, doingBargaining Unit work. In accordance with Article 1. 01 a list of these

individuals will be shared, along with the amount of time they areteaching, the length and reason of their contract to the Union.

b) With regards to point a) above, if this full- time contract position extends

beyond one ( 1) full academic year, Michener shall designate the

position as a Bargaining Unit position and post the position in

accordance with the Collective Agreement, provided the position is not a

replacement of an existing Bargaining Unit position.

c) In accordance with the workload process, Faculty will be given firstopportunity to do Bargaining Unit work, provided they meet the requiredqualifications.

d) No later than three ( 3) months after the signing of this contract, a list ofall Faculty and their expertise will be created immediately by theEmployer. This list will be updated per semester and a copy given to theUnion.

e) It is understood the maximum teaching contact assignment for

management and full-time non -Bargaining Unit personnel of Michenerwill be one course per semester provided that such teaching does notdisplace a Bargaining Unit member. The contact time will not exceedseventy-eight ( 78) hours per academic year, unless agreed upon with

the Union. Management and non -management personnel must have the

required skills, abilities and qualifications to do the work.

f) The Employer agrees that full-time faculty positions will be createdwhenever possible from multiple contract positions within one discipline

where there is an on-going operational need beyond one ( 1) year and inaccordance with Article 1. 01.

1. 03 In the event that Michener becomes engaged in a joint or collaborative

program with other institutions, or if there are significant changes in

curriculum and/ or faculty workloads in current joint or collaborative

programs with other institutions, Michener and the Union agree to discuss

the implications of these changes at least a semester prior to the beginningof the affected workload period. Michener further agrees that it will take

1


reasonable steps to ensure employment stability for any Faculty affectedby these changes.

1. 04 It is agreed the Assistant Professor and Associate Professor classification

form part of the Bargaining Unit. Unless otherwise specified in this

Collective Agreement, all articles, letters of understanding and grids areapplicable to all Professor classifications. All classifications will be subject

to the same appeals processes as outlined in the Collective Agreement.

1. 05 The Professor, Associate Professor and Assistant Professor classifications

will herein be referred to as " Faculty" in this Collective Agreement.

ARTICLE 2 - RELATIONSHIP

2. 01 Michener and the Union are committed to creating and maintaining awelcoming and inclusive environment in which the human rights and dignityof the employees are respected and upheld.

Michener and the Union agree there will be no discrimination, interference,

intimidation, restriction or coercion exercised or practised by any of theirrepresentatives with respect to employees because of their membership ornon -membership in the Union or activity or lack of activity on behalf of theUnion or by reason of exercising their rights under the Collective

Agreement.

It is agreed that in accordance with the provisions of the Ontario Human

Rights Code, there will be no discrimination or harassment by either partyor by any of the employees covered by the Agreement on the basis of race, ancestry, place of origin, marital status, family status, same-sex partnershipstatus, creed, colour, ethnic origin, citizenship, sex, sexual orientation, age,

record of offences, disability, gender identity and gender expression or anyother factor that is not pertinent to the employment relationship. Michener and the Union further recognize their joint duty to accommodateemployees in accordance with the provisions of the Ontario Human Rights

Code.

2. 02 The Union further agrees that there will be neither solicitation for

membership, collection of dues nor other Union activity on Michenerpremises, except as specifically set out in this Agreement or by writtenpermission of Michener. Such permission shall not be unreasonablywithheld.

2.03 Michener and the Union agree to provide a workplace environment which is

free from harassment in accordance with the Ontario Human Rights Code

and, in doing so, are committed to a policy of zero tolerance of harassment, discrimination or abuse. This policy shall apply equally to all Michener staff, students and agents of Michener.

2


2. 04 Michener and the Union agree to provide a workplace that is free from

psychological harassment, bullying, and workplace intimidation. Bullying, psychological harassment, and workplace intimidation are defined as

unwanted conduct, comments, actions or gestures that affect an

individual' s dignity, psychological or physical health and well- being.

ARTICLE 3 - CHECK -OFF OF ASSOCIATION DUES

3. 01 Michener, as a condition of employment ( or continued employment) of its

employees in the Bargaining Unit, agrees to deduct bi-weekly from eachemployee's wages an amount equivalent to the monthly dues dulyauthorized by the Constitution of the Union for Union dues, and to remit theamount so deducted from the employee' s earnings to the AccountingDepartment of the Union by no later than the 15th of the month followingthe month in which the dues were deducted. The amount of Union dues

shall be as certified from time to time to Michener by the AccountingDepartment of the Union.

3.02 When remitting dues as provided in Article 3.01, Michener shall provide anitemized list showing the name of each employee for whom dues are beingremitted, the amount remitted and the social insurance number.

3. 03 This compulsory check -off of dues shall continue during the lifetime of thisAgreement or any renewal thereof, and shall be continued throughout anyperiod during which the parties are engaged in negotiations with a view tomaking a new agreement, and it shall apply to all employees in theBargaining Unit.

3.04 The Union agrees to indemnify and save Michener harmless against anyclaim or liability arising out of or resulting from the operation of this Article.

ARTICLE 4 - UNION COMMITTEES

4.01 a) Negotiation Committee - the parties agree that there shall be a

Negotiating Committee comprised of four (4) representatives selectedby the Union and a Staff Representative, and an equal amount

selected by the Employer. The parties may bring in experts or

technical support as required.

C


b) Union Representation - The Union shall have the right to elect nine

9) Stewards to represent the employees in the workplace. It is

understood that two ( 2) Stewards will be recognized by the Employerto assist other employees in the presentation of any grievance(s) thatthey may have if such assistance is requested. The Union shall adviseMichener within two ( 2) weeks after the date of occurrence of anychange in status of any members of the Union Representatives soselected.

c) The Union Negotiating Team will be released from their scheduledteaching and service time during negotiation meetings with

Management, and Michener will arrange for coverage for the releasedteam members.

4.02 No employee shall act as a member of the Negotiating Committee referredto in Article 4.01 above until after completing the probationary period ofemployment with Michener. If any employee appointed to serve is ineligibleby reason of this provision, the Union may make written request to havethe requirement waived.

4.03 Michener agrees to deliver written notification by email to the President ofthe Union Local as to the names of new employees covered by theBargaining Unit within two ( 2) weeks of the commencement of active

employment. Michener agrees to provide such Union Representative ( or

designate) with an opportunity to interview such new employees on thepremises of Michener so as to acquaint such new employees with the

Union' s function. It is understood and agreed that such interview will be for

a period not exceeding thirty ( 30) minutes and will be fixed by mutualagreement between the parties for a time that does not interfere with

teaching commitments.

4.04 The employer agrees to a reduction of one hundred and thirty-five ( 135)

hours per year within each of the two ( 2) elected Stewards workloads to

assist employees in matters within Michener as they pertain to BargainingUnit employees. This reduction in workload for the Stewards shall occur

during the workload process. There shall be no loss of pay, benefits orseniority for employees governed by this article.

4.05 It is mutually understood and agreed that the Union will be responsible fordistribution of copies of the Memorandum of Settlement and/ or the signed

text of the Collective Agreement to its members. The Union and Michener

will share equally the cost of printing the Collective Agreement in bookletformat, which will be made available in sufficient numbers for members of

management and the Union.

4.06 Michener shall provide space on a bulletin board in the Staff Lounge, upon

which the Union shall have the right to post notices of meetings and such

other notices as may be of interest to employees in the Bargaining Unit.

4


4.07 When an employee is elected or appointed to a full-time position with

OPSEU, Michener agrees to grant the employee a leave of absence with

pay, provided that:

a) A suitable replacement or substitute is available.

b) The leave of absence does not exceed two (2) years.

c) The employee, as a condition of reinstatement, will be required to

have completed six ( 6) weeks of clinical professional development

acceptable to Michener, immediately prior to the end of the leave.

d) Michener is reimbursed in full for the cost of salary and benefits on abi- weekly basis.

4. 08 Executive Board Leave

Upon written request by the Union, a leave of absence without pay or lossof seniority shall be granted to an employee elected as an Executive BoardMember or Officer of the Union. Such leave shall be for the purpose of

attending Executive Board meetings of the Union and shall not exceedtwenty-four ( 24) days in a calendar year. To accommodate scheduling ofteaching assignments, the specific days of leave requested must be

identified at least ten ( 10) weeks prior to the commencement of each

teaching semester of the employee. Michener agrees to pay the employeefor such leaves and to invoice the Union for reimbursement.

4.09 Michener shall grant leave of absence without pay or loss of seniority to upto two ( 2) employees at any one time to attend Union conventions, and/ orone ( 1) employee at a time to attend educational sessions. Such leave

must be applied for two ( 2) weeks in advance and leave for all employees

shall not exceed fifteen ( 15) cumulative working days per year.

4.10 Union Management Committee

The parties have agreed to the establishment of a Union Management

Committee currently operating under Terms of Reference, which may bealtered by the parties from time to time, by mutual agreement.

ARTICLE 5 - HEALTH AND SAFETY

5. 01 All employees shall be covered under the Workplace Safety and InsuranceAct.

Michener and the Union recognize their responsibilities under the

Occupational Health and Safety Act to provide a workplace that isprotective of the health, safety and security of members as they carry outtheir assigned responsibilities. Michener agrees to the following:

a) There shall be a Joint Occupational Health and Safety CommitteeJOHSC) as established under the Act. One worker representative

elected or appointed by the Bargaining Unit shall represent the Faculty

5


Unit. Representatives shall be given time -off to perform their duties (see

Article 10.06 F. m) and shall receive compensation as stipulated by theAct.

b) Michener will make reasonable provision for the conditions of safety andhealth in the employees' work areas in Michener by conforming to theprovisions of the Occupational Health and Safety Act and Regulations.

c) Where the employees in the performance of their duties use safetyequipment as required under the Occupational Health and Safety Act ofOntario, Michener shall provide such equipment to the employee at no

cost. Specific eligibility problems shall be resolved by the Joint

Occupational Health and Safety Committee.

ARTICLE 6 - MANAGEMENT RIGHTS

6.01 Except where specifically abridged by the terms of this Agreement, it is theexclusive right and function of Michener to manage and direct its

operations and affairs in all respects, and, without limiting or restricting thisright or function:

a) To maintain order, discipline and efficiency and to make, alter and

enforce reasonable rules and regulations to be observed byemployees. Employees will be advised of such rules and regulations

prior to their implementation.

b) To hire, classify, direct, promote, demote, transfer, discipline, suspendand discharge employees; and to increase and decrease workingforces, subject to the right of an employee to submit a grievance as

provided herein except that a grievance may not be filed with respectto the extension of the probationary period or discharge of a

probationary employee.

c) To generally manage Michener and, without restricting the generalityof the foregoing:

i) to determine the number and location of Michener

establishments, the services to be rendered, and the methods,

work procedures, the kinds and locations of machines, tools,

instruments and equipment to be used;

ii) to select, control and direct the use of all materials required in the

operation of Michener;

iii) to schedule the work and service to be provided and performed;

and

iv) to make, alter and enforce regulations governing the use ofmaterials, equipment and services


as may be deemed necessary in the interest of the safety and well- being ofMichener and the public.

ARTICLE 7 - GRIEVANCE PROCEDURE

7.01 A grievance is any difference, dispute or complaint arising out of theinterpretation, application, administration or alleged violation of any

provision of this Agreement. Without limiting the generality of the foregoing, a grievance is a complaint made by an employee in writing, setting forthreasons pertinent to the issue.

7. 02 It is the mutual desire of the parties that complaints of employees shall be

dealt with as quickly as possible. If an employee has a complaint, the

employee shall discuss their complaint with the employee' s immediate

supervisor within twenty (20) business days after the circumstances givingrise to the complaint have occurred or have come, or ought reasonably tohave come, to the attention of the employee in order to give the immediate

supervisor an opportunity of adjusting the complaint.

7.03 Step 1

If the employee is not satisfied with the decision of the immediate

supervisor, he/she may present their complaint as a grievance in writingwithin fifteen ( 15) business days of his/ her immediate supervisor's

response to their complaint to the Vice -President, Academic. The Vice -

President, Academic shall give the grievor a decision, in writing, within ten10) working days following receipt of the grievance.

7.04 Step 2

If the grievor is not satisfied with the decision of the Vice -President,

Academic, he/she may present the grievance in writing within five ( 5)

working days of the date he/she received such decision to the Presidentand CEO or other designated representative of Michener. A hearing shallbe arranged to discuss the grievance within ten ( 10) working days followingthe receipt of the grievance at Step 2. The President and CEO or

designate shall give the grievor a decision in writing within ten ( 10) workingdays following the date of the meeting.

7. 05 Step 3

If the grievor is not satisfied with the decision of the President and CEO or

other designated representative of Michener, the grievance may besubmitted to arbitration within ten ( 10) working days of the date the grievorreceived such decision.

7.06 Discharge

A claim by an employee who has completed the probationary period thathe/she has been unjustly discharged shall be treated as a grievance, if a

7


written statement of such grievance is lodged by the employee with thePresident and CEO or designate within fifteen ( 15) calendar days after the

employee has received the discharge notice, if delivered personally, or

sixteen ( 16) calendar days after the employer has mailed notice of

discharge by registered mail to the employee' s last known address. ThePresident and CEO shall give the grievor a decision in writing within ten10) calendar days following receipt of the grievance.

If the grievor is not satisfied with the decision of the President and CEO or

other designated representative of Michener, the grievance may be

submitted to final and binding arbitration within ten ( 10) calendar days of

the date the grievor received such decision.

7. 07 Any difference arising directly between the Union and Michener relating tothe interpretation, application or alleged violation of the Agreement may bepresented by either party as a policy grievance within thirty (30) days afterthe date when the subject matter of the grievance first arose, commencingat Step 2 (Article 7. 04).

It is understood, however, that the provisions of this paragraph shall not be

used with respect to a grievance directly affecting an employee or

employees and that the regular grievance procedure shall not be

by-passed unless the employee has refused to file a grievance within theprescribed time limits after being so requested by the Union and thealleged grievance directly affects the interests of other employees.

7. 08 The nature of the grievance, the remedy sought, and the section or

sections of the Agreement that are alleged to have been violated shall be

set out in the written record of the grievance at Step 2 and may not besubject to change in later stages, provided the failure to properly identifysuch sections(s) shall not prejudice the determination of the grievance on

its merits.

7.09 The time limits set out in Article 7 and Article 8 shall exclude the

Christmas and spring breaks as defined in Article 12. 02. All other days ofthe year shall be counted as calendar days, unless otherwise specified.

ARTICLE 8 - ARBITRATION

8.01 When either party requests that any matter be submitted to arbitration ashereinafter provided, the request shall be in writing and the matter will bereferred to a single arbitrator. On mutual agreement signed by the localUnion and Michener, the matter shall be referred to an Arbitration Board as

provided for in the remainder of Article 8. The request shall contain the

name of the party's nominee to the Board of Arbitration within ten ( 10) days

after the receipt of such request, the other party shall nominate its memberto the Board of Arbitration and give notice thereof to the other party. When either party requests that any matter be submitted to arbitration as

8


provided in this Article, it shall make such request in writing addressed tothe other party to this Agreement, and shall propose no less than threepotential arbitrators. The responding party shall either agree to one of theproposed arbitrators or shall propose three or more alternative arbitrators.

If the parties cannot reach agreement on an arbitrator within a period of

thirty (30) calendar days, they shall then request the Minister of Labour forthe Province of Ontario to appoint an Arbitrator.

No person may be appointed as an Arbitrator who has been involved in anattempt to negotiate or settle the grievance, unless agreed to by the partiesprior to the commencement of the Arbitrator's involvement in negotiating orsettling the grievance.

8. 02 If within five ( 5) days thereafter, the two ( 2) so nominated cannot agree

upon the name of a third (3rd)

Arbitrator to act as Chairperson of the Board

of Arbitration, a request shall be addressed to the Minister of Labour of

Ontario to appoint the third arbitrator.

8.03 Each of the parties shall pay the expenses of its own nominee and one-half1/ 2) the fees of the Chairperson.

8. 04 An Arbitration Board is not authorized to alter, modify, amend or add to anypart of this Agreement, nevertheless it may dispose of any discharge ordiscipline grievance in any manner that it considers just or equitable.

8. 05 Where the parties agree in writing upon the selection of a single arbitrator, such person shall be substituted for a Board of Arbitration for the purposes

of Article 8.

ARTICLE 9 - APPOINTMENTS, PROBATIONARY EMPLOYMENT, SENIORITY

9. 01 Except where specifically abridged by the terms of this Collective

Agreement, Seniority is defined as continuous service from the date ofemployment within the Bargaining Unit.

9.02 All newly hired employees will be on probation until they have completedthe probationary period, which shall be of one ( 1) year's duration, it beingunderstood that a further period of probation of up to six ( 6) teachingmonths may be established at the discretion of Michener.

The employee will be informed of his/her progress in writing within thirty30) days of the end of each semester of instruction within the probationary

period and within thirty ( 30) days prior to the end of the probationaryperiod. If the employer fails to provide a written evaluation within thirty (30) days prior to the anniversary date, the option to extend the probationaryperiod shall be forfeited.

A probationary employee is entitled to all rights and privileges of thisAgreement except with respect to the properly executed extension of the

U


probationary period or discharge, which action shall not be the subject of agrievance.

9.03 Professors, Associate Professors and Assistant Professors shall be placed

on their respective Seniority List. Michener agrees to deliver written

notification by email to the President of the Union Local as to any deletionsor additions to such list, within two (2) weeks of their occurrence.

9. 04 a) When a permanent vacancy occurs within the Bargaining Unit whichMichener decides to fill, or when a new position is created, notice of

the vacancy will be posted internally for a period of five ( 5) business

days. Application in writing for the job may be made during the postingperiod to the Manager of Human Resources or designate.

b) The posting shall state the nature of the position, the qualificationsrequired including those specified for program accreditation and

professional registration, and the knowledge and educational skills

required.

c) In considering employees for positions which are posted, Michener

shall take into account the competence and experience of the

employee to do the job. If two or more employees are fully qualified forthe position, seniority shall govern.

d) If Michener is unable to fill the position through the above process,

Michener can then post the position externally.

9.05 An employee selected in accordance with the provisions of Article 9. 04 or

where promotions are made within the Bargaining Unit, the employee willbe given an opportunity of fulfilling the duties of the new position during atrial period that may not exceed six ( 6) months. Salary during this periodshall be that of the new position. If the employee fails to meet the

requirements for the position during the said period, or if the employee

wishes to relinquish the promotion, he/she will be returned to the former

position and classification.

9.06 Where promotions and development opportunities are made from a

position within the Bargaining Unit to one outside, the employee will begiven an opportunity of fulfilling the duties of the new position during a trialperiod of up to one ( 1) year. Salary during this period shall be that of thenew position. If an employee fails to meet the requirements for the position,

or if the employee wishes to relinquish the promotion, he/she will be

returned to the former position and classification and seniority shall becredited up to the date of promotion.

ARTICLE 10 - HOURS OF WORK AND WORKLOAD DETERMINATION

Both parties of Michener ( Management and Faculty) recognize that the

instructional responsibility of Faculty goes beyond student contact and thatadequate preparation is essential to ensure that students are provided with

10


quality learning opportunities. The parties also recognize the importance ofFaculty participation in the life of Michener and of the Faculty' s contributionto committee activity and to the consultative process associated withacademic planning and development.

The parties recognize that the workload agreement will provide flexibility, fairness, simplicity, transparency and a model that will allow Faculty tofocus attention on teaching, student support and service. The parties alsorecognize that this Agreement is a step in the process of increasingdepartment and individual self-management and accountability. This

workload document has been developed to provide the following:

a basis for mutual understanding of both the educationalobjectives and instructional approaches of Michener and

Faculty,

a common framework for instructional assignments and for the

establishment of equitable workloads for all full- time Faculty, and

a procedure for workload review

10.01 A normal working day consists of seven ( 7) hours of work falling within 8consecutive hours, Monday to Friday. Scheduled teaching contact hoursshall not commence before 0800 hours. When some of the required hours

of work referred to above are to be performed after 1800 hours, Monday toFriday, the required hours of attendance will be arrived at by mutualagreement between the parties. Faculty shall not normally be assignedwork on calendar Saturdays or Sundays or after the 1800 hour weekdays,

unless by mutual agreement. If mutually agreed upon by the Chair and theFaculty in advance, Faculty may work overtime beyond their negotiatedworkload with compensation at one and a half ( 1. 5) times their hourly rateor time -off in lieu as per the Employment Standards Act at their normal

rate.

10. 02 Workload assignments for the next academic year will be finalized on or

before the first working day of April in accordance with the Workloadprocess.

Modifications within each individual teaching workload may be made byMichener to accommodate unforeseen circumstances, or on the request of

the Faculty member; as provided for in the Workload process.

10.03 All Faculty agree to meet their teaching student support and serviceresponsibilities.

10.04 Faculty shall not take any employment, consulting or teaching activityoutside Michener during their scheduled teaching commitments, except

with the prior written consent of the Chair.

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10. 05 Notwithstanding Article 10. 04, the academic requirements and

responsibilities of a Faculty member in programs or courses held at sitesother than Michener shall, be assigned following consultation with and byagreement of the individual Faculty member and the Chair. The employeemay have a Union representative present at such consultation if so desired.

10. 06

A. Faculty's principle work includes teaching, student support and serviceprogram, internal/other, professional development).

B. Principle Faculty Work (funded by Michener' s Core Budget)

Descrintion Activities

12


Teaching A: Didactic and laboratory/simulation hoursRequires preparation equivalent to the Student Contact Hours

and evaluation outside SCH) from the Program Model route

of scheduled class time Course preparation and oversight

Course creation and curriculum development

Course revision

Program creation and development

Laboratory & simulation course leadershipLaboratory/Simulation evaluation

Teaching B: Laboratory/ Discipline Specific ClinicalTeaching Repeat labs, second Simulation hours equivalent to Program

and person in a lab, and Human Resource Plan Hours less the SCHStudent basic ( i. e. checklist, Teaching A) Support short answer questions, Clinical simulation (Assistant and Associate

multiple choice) Professors must complete the Michener IPCevaluation

certificate program before undertaking clinicalsimulation)

Clinical

Basic evaluation and feedback with a pre -

prepared evaluation tool during or outside oftime scheduled with students

Teaching C PCL, CLO

Student Support Identified Office hours ( Remediation,

Advisement and documentation of student

progress)

12


Guidelines for hours that should be attributed for committees associated with program and

internal service will be jointly developed by the Union/ Management Committee ( Article 4. 10).

C. Workload Assignment of Principle Work

Nature of Work

Teaching and Student Support Service/ Other

Student Support

B C 171 hrs/ yr

Program Service Staff meetings

Hours to be 4. 5 hours per

Invigilation

must - be

Program requirements (e.g. Program Review,

assigned week up to 171

Faculty Liaison)

assigned before

Admissions

dependent hours per year

Program -specific roles ( ERO, RSO, RPO,

o

the assignment,

CSO, CGSO, etc.)

on program if required,

Orientation

of Teaching B

Mentoring — in a mentor/mentee relationship

needs hours above 171

approved by the chairInternal Service/ Other' Team Teaching

Service

will be assigned

Town Halls

o

a

Union President

as program

service)

Union Steward

JOHSC

Learning plan

Fire Warden

Discretionary ( committee meeting, etc.)

development as

Research & ScholarshipProfessional Minimum of 5 days per year dedicated to

Development professional development as directed byMichener (Article 17. 02 d) with 7 other days to

be mutually agreed to by the Chair andFaculty.

Guidelines for hours that should be attributed for committees associated with program and

internal service will be jointly developed by the Union/ Management Committee ( Article 4. 10).

C. Workload Assignment of Principle Work

Nature of Work

Teaching and Student Support Service/ Other

Student Support

B C 171 hrs/ yr

13


All Teaching A To be Hours to be 4. 5 hours per Program/course renewalmust - be assigned assigned week up to 171 Program/course creation

assigned before to; achieve dependent hours per year and development

o

the assignment, a full . on program if required, Didactic evaluation outside

of Teaching B workload needs hours above 171the model route

will be assignedMentoring — in a

o

a

as program

service) mentor/mentee relationship

Learning planapproved by the Chair

development as Program Service

required Internal Service

Professional Development

13


D. Secondary Faculty Work ( funded outside of Michener' s Core Budget)

Description

One full course To be

Projects that are funded outside of the budget envelope

09/, 4.5 hours per Mentoring — in a

Unique initiatives

per semester assigned

Scholarship — Internal Student research supervision

week up to 171 mentor/mentee relationship

Scholarship — Peer

all to achieve

Teaching and educational development, administration

hours per year approved by the Chair

o components) to a full if required, Program Serviceu) maximum of 2 workload hours above 171

Internal Service

yc courses per will be assignedo Professional Development

U)

a n. year - as program

service)

Learning plandevelopment as

required

0% 100°/a 0% 9S 4. 5 hours per Mentoring — in a

week up to 171 mentor/mentee relationshiphours per year approved by the Chairif required, Program Service

hours above 171excluding program specific

will be assignedroles)

as programInternal Service

N service)

DocumentationProfessional Development

Nwof student Didactic ( theory)

N oQ a progress as

component of courses which

required ( noAssistant Professors are

learning plan teaching can be audited to adevelopment) maximum of 1 course per

semester. Each course maybe audited only once andauditing must be completedWithin the first three years.

D. Secondary Faculty Work ( funded outside of Michener' s Core Budget)

Description Activities

Projects that are funded outside of the budget envelope

Projects New course design and development

Unique initiatives

Research & Pedagogical research

Scholarship — Internal Student research supervision

Research & Research, scholarly writing, presentations, peerScholarship — Peer reviewed grants and/ or education research

Reviewed Teaching and educational development, administration

E. Assignment of Secondary Work

Work listed under " Secondary" will be assigned if there is capacity onworkloads ( i. e. once all principle work has been assigned and there are

Faculty who do not have full workloads) or when special funding has beensecured ( via the EDF funds, outside grants, special funding from MOHLTC, etc.) to cover the costs of replacing teaching required of Michener.

14


F. Workload Guidelines

a) The total scheduled hours per day shall not exceed seven ( 7) hours,

Monday to Friday. Faculty will be entitled to an hour unpaid lunch periodduring each normal working day and two (2) paid fifteen ( 15) minute restperiods. The total annual hours for Faculty is based on vacationentitlement.

b) Professors will be scheduled for student contact for a maximum of thirty- six (36) weeks per year.

c) Contact hours will differ for each of the Faculty levels ( Assistant

Professor, Associate Professor, & Professor). The Assistant Professor

workload will include up to twenty-five ( 25) scheduled hours per week

for supervision of student laboratory/simulation work and examinationinvigilation, and the balance of hours ( to a maximum of thirty-five [ 35] hours) will be to set up labs, review course documentation and to

provide student evaluation and feedback. I-

d) A teaching contact hour is a Michener scheduled teaching hour officiallyassigned to Faculty. The total teaching contact hours for each programare determined by the. Program Human Resource Plan. Each teachingcontact hour shall be defined as a fifty (50) minute block with a break often ( 10) minutes.

e) Contact time related to on- line courses will be determined by the contacthours. A course with three (3) hours of student contact per week ( thirty- nine [ 39] hours per semester) will be assigned as three ( 3) hours for

teaching contact per week.

f) Teaching C will be assigned to Professors first. Teaching at A andessential program service attributed to a program area must be

assigned to Professors and Associate Professors before proceeding tothe assignment of Teaching B responsibilities to achieve a full workload.

g) Only after all Professors have achieved a full workload can Assistantand Associate Professors be used to cover any remaining teaching Bresponsibilities. Assistant Professors may be scheduled in their secondacademic year for the first lab in a series of labs provided they haveeither audited the lectures and/ or previously participated in the deliveryof the repeat labs.

h) The number of annual hours attributed to CLO or PCL assignments will

be determined at the workload table by individual program needs ( i. e.

program size, distribution of clinical sites, program challenges, etc.).

i) Annual hours for preparation will be attributed to Faculty by multiplyingthe Preparation Factor x Number of Teaching Contact Hours Assigned. Course preparation includes reviewing and updating materials ( lectures,

15


labs, tests, exams/supplemental exams and course outlines - as long asthe updates affect less than twenty percent ( 20%) of the course

material), reviewing methodologies of delivery, new/updated textbooks, lab and classroom set up/ take-down and administrative tasks

associated with delivering the course.

i) " New" refers to Teaching A and B components of a courseclassroom and laboratory/simulation) which Faculty are teaching

for the first time, have previously taught but not within the lastthree years or are teaching for the first time since a major revisionof the course or curriculum that has been approved by Michener. A major revision is any approved course revision that affectsmore than fifty percent (50%) of the learning outcomes or in whichmore than fifty percent (50%) of the content has changed.

ii) " Established" refers to Teaching A and B components of a coursethat have been taught by the Faculty member within the priorthree academic years.

Preparation

Ratio of Assigned Teaching Contact Hours toAttributed Hours for Preparation

Teaching A Teaching B

Didactic Laboratory/ Simulation A

Laboratory/ Simulation B

New 1: 1. 5 1: 1. 5 1: 0. 75

Established 1: 0.75 1: 0. 75 1: 0. 25

j) Time assigned for evaluation and feedback for student performance

shall be attributed as follows:

Ratio of Assigned Teaching Contact Hoursto Attributed Hours for Evaluation and Feedback

Didactic Laboratory/Simulation

1: 0. 04 1: 0.02

Hours Attributed for Evaluation and Feedback for each course component

Course Component Evaluation and Feedback Ratio x Number of

Students x Student Contact Hours.

k) Curriculum development and course revisions ( i. e. revisions that affect

more than 20% of the learning outcomes or content) are listed under

Projects ( Article 10. 06 D — Secondary Faculty Work). This means it

can be undertaken if all teaching assignments have been completed

16


and the Professor has time on his/her workload, or if special funding isavailable (via EDF, etc.).

i) Curriculum Development (Course Creation)

Development of a new course where the content is new to the

organization and there are no or limited external resources that can

be drawn upon, the time allocated to Professors will be as follows:

1) Development by one individual — 4 hours for each hour of

contact (per Model Route)

2) Development by two or more individuals — 4.8 hours ( 4 +

20%) for each hour of contact (per model route), to be divided

amongst the individuals assigned

3) Development by two or more individuals for an

interprofessional course — 5. 2 hours (4 + 30%) for each hour

of contact ( per Model Route), to be divided amongst the

individuals assigned

Curriculum design and development will first be assigned to the

individual( s) with the experience and/or education in curriculum

design and development. Individuals without experience and/ or

education will be required and supported to undertake professional

development, for which they may use their Michener PD.

Faculty will be released from teaching responsibilities in one

continuous block equal to the total time that has been assigned for

the course development. Development is to be completed at least

one semester prior to the first running of the course. All new coursesmust adhere to the academic approval process

ii) Curriculum Development (Major/Minor Course Revisions)

Major course revision refers to changes that affect 50% or more of

the learning outcomes or 50% or more of the content. Time allocated

to Professors will be as follows:

1) Revision by one individual — 3. 5 hours for each hour of

contact per the Model Route affected by the revision

2) Revision by two or more individuals — 4. 2 hours ( 3. 5 +

20%) for each hour of contact per the model route

affected by the revision, to be divided amongst the

individuals assigned

3) Revision by two or more individuals for an

interprofessional course — 4.6 hours ( 3. 5 + 30%) for

each hour of contact per the Model Route affected by

17


the revision, to be divided amongst the individuals

assigned

By mutual agreement between the Faculty and the Chair, the

Faculty will be assigned a reduced teaching workload or releasefrom teaching responsibilities in one continuous block equal to thetotal time that has been assigned for the course revision within the

semester development is to take place. Revisions are to be

completed at least one semester prior to the first running of therevised course. All major course revisions must adhere to the

academic approval process.

Minor course revisions refer to changes that affect 20% - 49% of

the learning outcomes or content. Time allocated to Professors willbe as follows:

1) Revision by one individual — 3 hours for each hour of

contact per the Model Route affected by the revision

2) Revision by two or more individuals — 3. 6 hours ( 3 + 20%)

for each hour of contact per the Model Route affected bythe revision, to be divided amongst the individuals

assigned

3) Revision by two or more individuals for an

interprofessional course — 3. 9 hours ( 3 + 30%) for each

hour of contact per the Model Route affected by therevision, to be divided amongst the individuals assigned

Revisions are to be completed at least one semester prior to the first

running of the revised course. All course revisions must adhere tothe academic approval process.

In all cases above, for Clinical Course or Clinical Simulation Courses

where no content is required ( i. e. no teaching/ lesson . plans orteaching materials e.g. PowerPoint slides, new case studies/patient

data etc.), the total development time for course creation will be

based on the course hours per week ( per Model Route) x the

number of hours awarded for development, based on the criteria for

course creation ( above).

1) The Union President and Chief Steward will each be assigned three ( 3)

hours per week or one hundred and thirty-five ( 135) hours per year

under Internal Service.

m) The JOHSC representative will be assigned a minimum twenty-four (24) hours per year under Internal Service. Service hours for other

committee work will be credited only when the Faculty' s participation onthat committee is mandated.

18


n) Faculty will be assigned a minimum of four and a half (4. 5) hours per

week for Student Support. Where more student support is required, the

hours exceeding one hundred and seventy-one ( 171) will be attributed

to program service.

o) Faculty may balance teaching responsibilities with research. The totalhours, on the workload dedicated to research is dependent on research

grants and other funding sources and Michener goals.

10.07 Process

a) The process will begin with a one ( 1) hour educational session booked

for Faculty, Chairs and the Vice -President, Academic during the first two2) weeks of the month of January. This session will be conducted

jointly by management and the Union. A video of the session will beposted for those who cannot attend.

b) By the end of the month of January, the Program Chair will

communicate program support responsibilities ( i. e. committees, cross

functional teams, etc.) and projects and/ or curriculum development or

revision that must be accomplished during the new workload cycle. TheProgram Chair will identify in writing the timelines, deliverables and theresources available for each project and/ or curriculum development/

revision. In addition, each program will develop guidelines and

principles for resolving potential workload disagreements. c) A workload distribution tool will be posted to the Y:shareit for Faculty to

refer to as they complete their workload templates. Faculty should usethe tool as a mechanism for identifying their preferences and ensuringthat the work is covered. Faculty will then identify their teachingpreferences using a workload template and post it to the programY:shareit by the end of the first week of February.

d) A staff meeting will take place prior to the winter break to discuss andaddress any workload preferences and any competing interests. While itis preferable that all Faculty attend, the meeting will proceed without allmembers present ( the PCL will be responsible for communicating thediscussions at this meeting to Faculty in their program who are absent). On the basis of the discussions at the staff meeting, the faculty willrepost their workloads as soon as possible to Y:shareit, but no later

than three (3) business days from the date of the staff meeting.

e) The Chair reviews the reposted workloads to ensure all work has been

covered. Should any work remain uncovered or conflicts persist the

19


Chair will assign the work in the best interests of the program and post

by the end of the second week in March.

f) Faculty will review and sign the workload document on or before the firstworking day in April. This document will also be signed by the AcademicChair. If the document is not completed and signed by Faculty on orbefore the first working day in April it is deemed to be signed.

g) If there is a disagreement regarding workload, the parties shall indicatethe nature of the disagreement in writing and then refer the disputedworkload to the Instructional Assignment Review Committee ( IARC) on

or before the first working day in April.

h) Copies of all workload documents will be forwarded to the Union Local

President and the Vice -President, Academic for a collaborative review

by a Workload Review Committee) by May30t .

i) The Workload Review Committee ( WRC) will meet quarterly to reviewall workload documents at an institutional level to review the individual

and program consistency in the application of the workload agreement.

j) Workload will be a regular agenda item at department meetings. If new

work arises midway in the workload year, after the workload documentshave been signed, a workload discussion will take place. Faculty willhave the opportunity to assume " new" work, subject to the approval of

the Chair. If Faculty assume this "new" work, his/her workload will be re- assigned and adjusted accordingly.

10.08 Instructional Assignment Review Committee (IARC)

a) To assist with the effective implementation of this document and to

ensure its fair application, an Instructional Assignment Review

Committee ( IARC) shall be established. The IARC shall meet to resolve

workload issues under dispute. The Vice President, Academic or Union

Local President shall forward a request for a meeting to the Manager, Human Resources and Employee Relations by April

15th.

The meetingshall be held by April 30th unless an extension is mutually agreed uponby the Faculty and the Vice President, Academic and Union Local

President.

b) The Committee shall assess and resolve any disagreements regardingthe teaching workload, either as initially assigned or as a result of amajor modification within the academic year.

c) Management and the Union shall appoint two ( 2) representatives each

to the IARC. All representatives shall be from programs other than the

one(s) being reviewed, and the faculty representatives must havesigned their own workload documents. The committee shall be non-

partisan and neutral in its deliberations. Faculty, Vice President,

Academic, Program Chairs, and appropriate other resource people maybe called upon by the committee to clarify issues as deemed necessary.

20


d) Decisions shall be reached by consensus. The decision of IARC shallbe given in writing to the Faculty, Vice President, Academic and thePresident of the Local, and shall be final and binding for all purposes.

ARTICLE 11 - COPYRIGHT

11. 01 Except as otherwise mutually agreed to in writing between the employeeand Michener, work produced by the employee with Michener resources oron Michener time, for the purpose of advancing the attainment of theeducational objectives of Michener, shall be and remain the sole propertyof Michener. Other works by an employee produced on the .employee'sown time shall be and remain the property of the employee. Nothingcontained herein shall adversely affect any rights an employee may haveunder the Copyright Act (Canada) - in particular, Section 12( 3) thereof.

ARTICLE 12 - HOLIDAYS

12. 01 An employee will be granted a day off on the day on which the holidayoccurs or is celebrated by Michener without reduction of salary in respectof the following:

New Year's Day Civic Holiday

Good Friday Labour Day

Thanksgiving Day Victoria Day

Christmas Day Canada Day

Boxing Day Family Day

In addition, two ( 2) discretionary days will be granted, to be taken betweenSeptember

1St

and August 31st. In selecting these days, consideration willbe given to the wishes of the employee.

12.02 In addition to the provisions in Article 12. 01 above, an employee will be

granted a Christmas and Winter break as follows:

The Christmas Break will include five ( 5) working days which shall bescheduled together with the holidays of Christmas Day, Boxing Day andNew Year's Day.

The Winter semester break will be one week each year to coincide with the

teaching schedule established by Michener.

During the month of June, Michener will provide the employee with the

Christmas and Winter break schedule for the next academic year.

21


12.03 As stated in Article 10, the parties recognize Faculty involvement isimportant in the recruitment of new students, graduation of successful

students or any other activities that enhance the students' experience atMichener. In recognition each employee will receive a day off with pay inassociation with the Canada Day Holiday, except in those years in whichCanada Day falls on a Wednesday, in which event the day off with pay willbe given in association with the Civic Holiday.

Employees who are not scheduled to work a recruitment or graduation

event will take the above annual floating holiday as a discretionary day (seeArticle 12.01), a day off without pay or use a vacation day credit.

12. 04 In order to qualify for payment of the holidays defined in Articles 12. 01, 12. 02 and 12. 03, an employee must work the regular working dayimmediately prior to, and the regular- working day immediately following theholiday; however the employee will qualify for holiday pay if the employeeis absent on a day of vacation entitlement as defined in Article 13; or if theabsence is due to illness or some other reason satisfactory to Michener. The employee may be required to provide evidence satisfactory toMichener as to why he/ she was unable to be present at work.

ARTICLE 13 - VACATIONS

13. 01 A Professor who has completed one ( 1) full year's continuous service as of

June 30th shall receive vacation entitlement of twenty ( 20) working days' vacation and one ( 1) additional vacation day for each additional year ofcontinuous service. The maximum entitlement will be thirty ( 30) workingdays.

13.02 An Assistant Professor and Associate Professor who has completed one

1) full years' service as of June30th

shall receive vacation entitlement of

fifteen ( 15) working days' vacation and one ( 1) additional vacation day foreach additional year of continuous service. The maximum entitlement will

be twenty-five (25) working days.

13.03 Vacation entitlement shall accumulate pro -rata for each complete month of

service. At the commencement or termination of employment, any monthduring which an employee has completed ten ( 10) or more working dayswill be considered a full month for the purpose of vacation entitlement.

13.04 Each employee shall have electronic access to their vacation and

discretionary days taken and the accumulated vacation and discretionaryday entitlement remaining.

13.05 The end of the vacation year shall be August 31 at which time the

maximum carryover of vacation entitlement for a Professor shall be twenty20) days and fifteen ( 15) days for an Associate and Assistant Professor.

22


13.06 It is understood that the primary commitment under this Article is to thehealth, well- being and life balance of the employee. The Employer shallattempt to be as flexible as possible with regards to the scheduling ofvacations and an employee' s vacation request.

The vacation entitlement of each employee shall be taken at a time

approved by the Employer. All vacation requests must be determined

during the workload process and will not be unreasonably withheld. The

majority of vacation time entitlement should be taken during a consecutivefour (4) week block during the month of August. Requests for a consecutivefour ( 4) week block of vacation during the months of May, June and July, will be considered.

Every reasonable attempt will be made during the workload process toaccommodate each employee' s vacation request. If there are competingrequests for the same vacation period that cannot be accommodated,

seniority will prevail.

Vacation requested outside of the May to August period will be consideredproviding that the employee find their own coverage at no added cost to theEmployer.

Employees who wish to schedule their vacation carry-over as per Article13.05 must declare their intention during the workload process. It is the

responsibility of the Employer to provide coverage so that the employee' sdeclared use of vacation carry-over can be accommodated when thevacation carry-over is requested for the summer months as defined above. Requests to schedule vacation carryover during other times of the yearshall not be unreasonably denied providing the employees find their owncoverage at no added cost to the Employer.

When an employee accepts a request by the Chair to work during theirscheduled vacation time, the employee shall be compensated for vacation

days worked and is not to exceed the maximum vacation carry-over.

13. 07 When a paid holiday ( as defined in this Agreement) falls within the

employee's vacation period, a day in lieu shall be added to the employee'svacation.

13. 08 Subject to Article 21. 01, if an employee leaves the employ of Michener, allaccumulated and unused vacation credits shall be paid in cash on

termination.

13.09 In case of an employee who suffers from a major illness/ injury or ishospitalized during one or more full days of the employee's vacation, thosevacation days will, at the request of the employee, be rescheduled duringthe vacation year at a time determined by the supervisor, after consultationwith the employee. All such sick days, referred to above, will be deducted

from the employee' s sick leave entitlement.

23


An employee will be required to notify the Employer immediately, if

possible, of their illness/ injury and will be required to submit a doctor'scertificate, confirming their illness/ injury within five days of the date ofoccurrence. The doctor's certificate should include the anticipated length of

time -off and the expected date of return to work.

The Employer reserves the right to require the employee to attend

Michener' s physician.

ARTICLE 14 - LEAVE OF ABSENCE

14.01 Leave of absence without pay may be granted by Michener for legitimatepersonal reasons.

14.02 Employees who have been employed by Michener for at least thirteen ( 13) weeks will be entitled to a leave of absence without pay for PregnancyLeave in accordance with the provisions of the Employment Standards Act,

In this regard:

a) Pregnancy leave is a leave of absence for a period of up to seventeen17) weeks by reasons of the employee' s pregnancy

b) Parental/Adoption Leave is a leave of absence for a period of up tothirty-five ( 35) weeks for the birth mother who has taken a PregnancyLeave and thirty-seven ( 37) weeks for all other parents. Parental/

Adoption Leave may begin for the birth mother as soon as the

Pregnancy Leave ends and for other new parents no later than fifty-two52) weeks after the baby is born or the date their child first came into

their care, custody or control.

c) The employee must give Michener at least two ( 2) weeks written notice

of the date a Pregnancy Leave or Parental Leave is to begin. If the

Employer requests a certificate from a medical practitioner for the

Pregnancy Leave the employee must provide one. An employee maychange the date of the Pregnancy or Parental Leave to an earlier date, provided the employee gives Michener a new written notice at least two

2) weeks before the new, earlier date. Notwithstanding the above, anemployee shall not lose her right to a Pregnancy Leave.

d) An employee who stops working because of a birth, stillbirth or

miscarriage, must give two (2) weeks' notice to Michener of the date the

leave began or is to begin and if requested by Michener the employeemust provide written notice by a medical practitioner stating the duedate, date of birth, stillbirth or miscarriage.

e) An employee who may want to change the expected return date to anearlier date must give Michener a written notice at least four (4) weeks

before the new earlier date.

24


f) The seniority, service and length of employment shall continue duringthe Pregnancy or Parental Leave.

g) When persons are hired or transferred into the Bargaining Unit toreplace employees who are on a Pregnancy . or Parental/AdoptionLeave, the period of employment of such persons will not exceed the

Pregnancy or Parental Leave. The release, discharge or transfer out ofthe Bargaining Unit of such persons shall not be the subject of agrievance or arbitration.

h) An employee planning to proceed on Pregnancy or Parental/AdoptionLeave may, prior to commencing such leave, make arrangements withMichener to pay the employee share of the premium cost of theinsurance benefits specified in Article 19 and Michener shall continue

its share of the premium cost. If the employee chooses not to pay theemployee share of the premium cost of any benefit during a period ofPregnancy or Parental/Adoption Leave, Michener shall not be entitled tocontinue its share of the premium cost. An employee may choose topre -pay their premiums prior to taking the leave.

i) Employees who are enrolled in the Long Term Disability Plan prior tocommencing a Pregnancy or Parental/Adoption Leave and who resumeactive employment after a Parental/Adoption Leave shall be covered bythe Long Term Disability Insurance upon their return to active

employment.

j) Upon return from a Parental/Adoption Leave, the employee is entitled to

her previous job she had before the leave or a comparable job, if the job

no longer exists. The employee shall be paid at least as much as he or

she was earning before the leave. If an employees pay goes up during aleave, the employee must be given the higher rate upon her return.

k) Supplemental Employment Insurance Benefits

Any employee on leave under this Article who applies for and receivesemployment insurance benefits pursuant to the Employment Insurance

Regulations, will be paid the equivalent of the difference between

eighty-five percent (85%) of the employee' s gross weekly earnings onthe last day worked prior to the commencement of the leave and thesum of the weekly unemployment insurance benefits the employee iseligible to receive.

The Supplementary Employment Benefit Plan is intended to benefit boththe Employer and employee. Therefore, the employee will be required

to remain employed with Michener for a one ( 1) year period followingcompletion of the leave. Should the employee fail to return to work and

work for the one ( 1) year period, for reasons other than death, layoff,

early termination due to lack of work or disability, the employee will be

25


indebted to Michener and will be required to repay the top -up benefitson the following sliding scale:

TIMING OF TERMINATION OF EMPLOYMENT

FOLLOWING LEAVE

REPAYMENT

During the first six months 100%

From six month to one year 50%

After one year No repayment

1) An employee who requires an additional leave may opt to request aleave under Article 14.01.

14.03 Compassionate Leave (Emergency Leave)

The Employer shall grant an employee' s request for Emergency Leave inaccordance with Section 50 of the Employment Standards Act ( ESA).

While on such leave, the employee shall continue to accrue seniority, earnall applicable credits and continue to participate in the pension plan and

benefit plan as per the Collective Agreement.

The Employer shall grant an employee' s request for Family Medical Leavein accordance with Section 49. 1 of the Employment Standards Act (ESA).

While on such leave, the employee shall continue to accrue seniority, earnall applicable credits and continue to participate in the pension plan and

benefit plan as per the Collective Agreement.

14.04 Employees may be granted leave of absence without loss in pay, seniority, or benefits for professional development recommended by the Chair andapproved by the Vice -President, Academic.

14.05 Any unpaid leave of absence for educational purposes may be grantedupon request.

14.06 Where a leave of absence without pay is granted for more than four ( 4) consecutive weeks:

a) Credits of seniority, salary increases, and vacation will be suspendedduring the leave and anniversary dates will be adjusted accordingly.

b) During any such leave of absence Michener will make no paymentstowards any benefits provided to the employee by Michener. Employeesdesirous of maintaining benefits through Michener may arrange toprepay the premiums of such plans if eligibility conditions permit.

14.07 Bereavement Leave

On the loss of a next-of-kin relative, partner or significant other and in order

to attend the funeral and to family responsibilities, an employee shall be

W.


granted up to three ( 3) days' leave of absence without loss of pay, at thediscretion of Michener.

Next of Kin Relative includes: Spouse, Parent ( including Foster or Step - Parent), Child ( including Step -Child), Brother, Sister, Grandparent,

Grandchild, Uncle, Aunt, Nephew, Niece, Son- in- law, Daughter- in- law, of

the Employee, the Parent ( including Foster or Step -Parent), Brother, Sister,

Grandparent, Aunt, Uncle, Nephew, Niece, of the employee' s spouse; ward

of the employee or relative permanently residing in the employee' s

residence or with whom the employee permanently resides. For the

purpose of Bereavement Leave, " spouse" includes a common- law spouse

or partner of the same sex.

Michener will consider requests for additional Bereavement Leave and maygrant additional time -off without loss of pay where the employee

establishes extenuating circumstances.

14.08 Leave of absence without loss of pay may be granted for special reasonsconsidered appropriate under the circumstances, with the prior approval of

the Chair.

14.09 Both parties to this Agreement recognize the overriding professional

responsibility to the students. Leaves of absence as provided in this Articlewill therefore be scheduled where possible to ensure a minimum of

disruption to the educational programs of Michener. Reasonable notice in

writing shall be given.

14.10 Contract Replacement

It is understood and agreed that Michener may engage a replacementfull-time Faculty member on a contract basis to replace a Bargaining Unitmember who has been granted a leave of absence. Such replacement

Faculty member shall not be covered by this Agreement. However, the

contract of employment shall include the following:

a) The level of remuneration, if paid directly by Michener, shall fall withinthe range of the Salary Schedule in Appendix I.

b) Michener will pay the Employer Health Tax and the monthly premiumsfor Extended Health Care for such replacement Faculty membersubject to the eligibility requirements of such plans), or such persons

will receive equivalent coverage from another source.

c) If an individual who has served as a replacement Faculty member issubsequently hired into a full- time position under this Collective

Agreement within six ( 6) months of completion of the replacement

teaching contract, such individual shall receive credit toward the

required probationary period and seniority equal to his/ her full- timereplacement teaching.

27


d) Michener shall notify the Union in writing of all replacement Faculty hiredand the length of the contract, and shall confirm adherence to the

above.

ARTICLE 15 - PREPAID LEAVE PLAN

15. 01 Purpose

The Prepaid Leave Plan ( PLP) is a plan developed to afford full-time

Faculty members the opportunity to take a one ( 1) year leave of absence

and to finance the leave through deferral of salary in an appropriateamount from the previous years, as outlined in the deferral period chosen.

Such deferred salary is to be accumulated and together with interest to bepaid out during the year of leave. ( For details see Appendix II.)

ARTICLE 16 - JURY DUTY

16. 01 An employee serving as a juror or witness will receive the differencebetween his jury or witness pay and his regular pay for the time lost whileserving in this capacity. Coverage for scheduled teaching, student supportand service time will be arranged by Michener.

ARTICLE 17 - PROFESSIONAL DEVELOPMENT

17. 01 Michener and the Union recognize the importance of the employees

maintaining and advancing academic and clinical competence.

17.02 Michener will support up to twelve ( 12) days paid leave a year ( up to five5) which may be directed by Michener) for attendance at conventions or

conferences, skills development and reinforcement programs, academic

courses and/or participation in a professional society as an office bearer onthe understanding that:

a) When a paid leave of absence is requested for professional

development, the Faculty member will obtain prior approval of his/ herChair. If the request requires workload coverage, the Faculty memberwill make the request in writing to his/ her Chair four (4) months prior tothe commencement of the activity and stating whether they haveobtained coverage if required. A decision will be given by the Chair inwriting three ( 3) months prior to the commencement of the activity. Approved professional development that occurs outside the regular

work week ( i. e. evenings, weekends and holidays) will be credited

towards the seven ( 7) day total.

b) Should the Faculty member have difficulty arranging coverage, he/shemay request assistance from the Chair who will work with the Faculty

28


member to find an appropriate internal solution. If no appropriate

internal solution is available, an external resource will be hired subject

to availability of funds and qualified candidates. Approval of a

Professional Development Leave will not be unreasonably denied. c) When a Faculty member is seeking appointment as an office bearer in a

professional society or professional College prior notification of theFaculty member's intention to run for office together with an estimate ofthe time commitment required for the entire team office shall be given to

the Chair. The Chair will respond in writing indicating Michener supportfor the initiative and confirming how the time -off requirements will bearranged recognizing that Michener support may be withheld in

circumstances when the commitment to students will be compromised.

d) Professional development mandated by Michener that occurs outside ofthe regular work week will qualify as Professional Development activitiesto be credited towards the five ( 5) day total, ( i. e. evenings, weekends,

and holidays) and time will be given in lieu.

17.03 Michener agrees to continue to support the cost of course fees of Facultymembers for Michener-sponsored continuing education courses.

17. 04 Faculty Professional Development Reimbursement Plan

a) Financial assistance for professional development shall be available

annually in the amount of one thousand five hundred dollars

1, 500. 00). An additional two thousand dollars ($ 2000.00) annually

shall available to Faculty pursuing graduate degrees.

b) Faculty pay the professional expense costs themselves and obtainreimbursement from Michener by submitting appropriate receipt(s).

c) An unspent FPDRP balance cannot be carried forward; however,

allowable expenses that exceed the maximum FPDRP in a particular

year may be carried forward for up to a maximum of three ( 3) years forwhich Faculty may be reimbursed the exceeded maximum amount ofeach subsequent year.

17.05 To ensure adequate knowledge of current clinical practice and technologyor to maintain licensure with a regulatory college or professional

association, additional professional development time ( i. e. above the

twelve ( 12) days) may be approved annually. Should the faculty memberhave difficulty arranging coverage, he/ she may request assistance from theChair as per Article 17. 02 b).

Michener may assign annually some professional development activity, theform, duration, and location and coverage will be arranged through and

approved by the Chair.

29


a) During such professional development the Faculty will remain a fullemployee of Michener, with no loss of pay, benefits or seniority.

b) Michener will accept the responsibility for all administrative

arrangements for this professional development, including the provisionof appropriate insurance and liability coverage.

17.06 To encourage academic and clinical excellence, Michener will support the

following activities, recognizing that the teaching program must be

maintained:

a) Upon approval and discretion of the Chair, a faculty exchange may beapproved with another health or educational organization.

b) A Sabbatical Leave of Absence granted upon the approval of the CEO

following a recommendation by the Vice -President, Academic, and

subject to the following conditions:

i) that applications for Sabbatical Leave will include the rationale,

term of the leave and measurable outcomes and their application

to Michener, i. e. It will be submitted in writing, to the Vice -

President, Academic at least six ( 6) months prior to the

commencement date;

ii) that the employee return to Michener upon termination of the

Sabbatical Leave;

iii) that the employee be a member of the Faculty of Michener for aperiod of not less than six (6) years;

iv) that a suitable substitute can be obtained or suitable

arrangements can be made to meet the employee' s commitment;

v) that the purpose of the leave be for pursuits approved byMichener; which will include, but not be limited to the following, learning centred education, educational or discipline -specific

research, Michener strategic initiatives, organizational values and

professional development.

vi) that the total Sabbatical Leave ( including time -off in Article 17.07) will not exceed the equivalent of twelve ( 12) months;

vii) that the employee, upon termination of the Sabbatical Leave,

return to Michener for a period of at least one ( 1) year; failingwhich, he/ she shall repay Michener all salaries and fringe benefitsreceived while on Sabbatical Leave;

viii) that the salary paid to the employee be based on the followingpercentage of current annual salary (except as otherwise mutually

agreed) sixty percent ( 60%) after six ( 6) full years of employment

with Michener plus five percent ( 5%) for each additional full year

to a maximum eighty percent ( 80%), after ten ( 10) full years of

M


employment. The employee may discuss further supplementationof sabbatical pay with part-time work at Michener. Full- time workelsewhere at another employer during the Sabbatical Leave is notallowed;

ix) that all applicants be notified by the Vice -President, Academic asto the disposition of their application for Sabbatical Leave; such

notification shall be in writing and made within ninety ( 90) daysof the application;

x) that an applicant who is denied Sabbatical Leave be notified of

the reasons for the denial by the Vice -President, Academic;

A) notwithstanding Article 17, Michener retains the right to limit orrefuse the granting of sabbaticals on the basis of budgetaryconsiderations;

xii) if a Sabbatical Leave is granted and subsequently denied byMichener, the employee shall be reimbursed for all expenses

related to the sabbatical;

xiii) upon completion of the Sabbatical Leave, the employee shall

submit evidence of the delivery of measurable outcomes to theVice President, Academic.

17.07 An employee with twenty (20) years of service is eligible for one ( 1) six ( 6)

month Sabbatical Leave at full salary. This leave can be combined withArticle 17. 06 above.

ARTICLE 18 - FACULTY PERFORMANCE APPRAISAL

18. 01 Performance appraisal provides explicit and systematic feedback on all

relevant aspects of performance. It supports and actively encourages thedevelopment of the individual faculty. Evaluations are intended to be

constructive and developmental in nature.

All employees who have completed their probationary period shall receivea bi- annual summative written evaluation of their job performance within

thirty ( 30) days of their anniversary date, in accordance with the FacultyPerformance Appraisal Guidelines, as revised March 1, 2010.

Performance appraisal promotes teaching excellence and program qualityby taking into consideration the following:

a) The size, type and nature, and level of courses taught.

b) The nature of the subject matter.

c) The experience of the faculty.

d) The familiarity of the course and content.

e) The format of the course.

31


f) The quality and utility of androgological materials prepared by theFaculty.

g) The members' contributions in the area of androgological development

and innovation, and the complexity and risk that such innovation entails. Although student opinions provide important qualitative information about

teaching performance, their opinions do not in themselves constitute anevaluation of teaching performance. No " evaluation of performance" may

rely exclusively or primarily upon student opinions alone.

Teaching responsibilities form only a portion of faculty members' workloadsand as such, a performance appraisal should also include other duties

associated with their work assignment.

ARTICLE 19 - BENEFITS

19. 01 Michener agrees to continue and maintain the benefits in effect through the

Ontario Hospital Association as modified by Michener. The benefits to becontinued are as follows:

a) Group Life Insurance

Michener agrees to pay one hundred percent ( 100%) of the monthlypremium.

b) Employer Health Tax Act

Michener will cover the full cost of benefits provided to employees

under the Employer Health Tax Act as required by law.

c) Long Term Disability

Michener agrees to pay one hundred percent ( 100%) of the monthlypremium.

d) Healthcare of Ontario Pension Plan

This is a defined benefit pension plan. For more information visit

http:// hoopp.com/

e) Basic Sick Leave Plan

The Basic Sick Leave Plan known as the Hospitals of Ontario

Disability Income Plan shall be continued.

f) Extended Health Care

Michener agrees to pay one hundred percent ( 100%) of the monthlypremium subject to the eligibility requirements of the Plan, as per theGroup Benefit Plan booklet. The Extended Health Plan shall be

amended to provide for a maximum annual coverage for all covered

paramedical services of one thousand ($ 1000. 00) dollars.

32


Michener agrees to cover the actual cost of an eye exam by a qualifiedophthalmologist/optometrist up to ninety dollars ($ 90. 00) every twenty- four ( 24 months). Michener also agrees to increase the amount

reimbursed for corrective eyewear to four hundred dollars ($ 400. 00)

every twenty-four (24) months

Michener agrees to add smoking cessation drugs to a maximum offour hundred dollars ($400.00) per person for life.

The Extended Health Care Plan shall be amended .to provide for the

option to use the four hundred dollars ($ 400.00) vision care towards

the cost of laser surgery, per person for life.

g) Dental Plan

Michener agrees to pay one hundred percent ( 100°/x) of the monthlypremium of a dental plan subject to the eligibility requirements of thePlan. The Dental Plan shall be updated to the O. D.A. Schedule of the

current year in which the cost is incurred.

19.02 For faculty members covered under Article 19. 01 e), Michener agrees the

rate of pay shall be one hundred percent ( 100%) of regular pay for allshort-term illnesses of three ( 3) working days or less. All other provisions ofthe Hospitals of Ontario Disability Income Plan are to remain unchanged.

19.03 Worker's Compensation

All employees shall be covered by Worker's Compensation.

19.04 Liability Insurance

Michener shall arrange liability insurance coverage for employees whileperforming duties or tasks required or authorized by Michener or

customarily performed as part of the employee' s duties.

19.05 There shall be no pyramiding of any benefits or premiums, nor shall therebe any duplication of benefits or premiums.

19. 06 The parties agree that the benefits contained in this Article shall be

extended to same-sex partners, where applicable.

19. 07 At the option of the employee, Michener shall include retired employees in

the extended Health & Dental Plan until death. It is agreed that the retired

employee shall pay the full share of the premiums. A retiree is defined asan employee who is drawing a pension from Healthcare of Ontario PensionPlan ( HOOPP).

19. 08 Michener shall continue the benefits to a survivor dependant provided such

benefits were in force at the date of death for a period of twenty-four (24) months.

33


ARTICLE 20 - SALARIES

20. 01 The salaries applicable to full- time Faculty employees covered by theAgreement shall be as set out in Appendix I attached hereto.

20.02 This Collective Agreement will become operative following ratification bythe parties as provided by the Memorandum of Settlement.

20. 03 New full-time Faculty members shall be hired into the classifications set outin Appendix I.

20.04 Awarding of Increments

All increments recommended shall be implemented annually on September1 St.

20.05 Michener will pay employees every two ( 2) weeks. Such payment will be

made by direct deposit to the chartered bank or trust company of theemployee's choice. Where the banker is other than Michener's banker,

Michener does not accept responsibility for delays in transfer.

ARTICLE 21 - RESIGNATION AND REDUCTION IN STAFF

21. 01 Resignation

An employee may resign by giving a minimum of one ( 1) month written

notice to Michener; failing which (and unless otherwise agreed between theemployee and Michener), the employee shall receive the minimum

vacation payment to which he is entitled under Ontario legislation in lieu of

any vacation pay or credit to which the employee is entitled under thisAgreement.

It is understood that the Employer will exercise flexibility in administeringthis clause and will consult with the Union in the cases where the required

notice cannot be provided due to extenuating circumstances.

2.1. 02 Where an employee fails to provide the required notice outlined in Article

21. 01 or resigns during the teaching portion of the academic year,

Michener shall be free to arrange for a temporary replacement of suchemployee for a period not to extend beyond the end of the academic year

in question. The replacement employee shall not be covered by any of theprovisions of the Collective Agreement. It is agreed that if Michener

decides to offer the replacement employee a full-time position, the

probationary period will be deemed to have commenced on the first day offull- time temporary employment, as will seniority.

Michener shall inform the Union in writing of its intention with respect to alltemporary replacement employees hired under this clause.

21. 03 Where Michener decides that circumstances require a reduction in Facultyand such reduction affects members of the Bargaining Unit, Michener will

34


notify the Union fifteen ( 15) business days prior to notification to the

affected employee. The parties shall maintain confidentiality of the meetingand the identity of all employees discussed.

21. 04 In the event of an intended layoff, Michener will meet with the Union

Management Committee to review the following:

a) The reason causing the layoff.

b) The area(s) of cutback.

c) Alternatives to the action contemplated which may include the

utilization of other means such as early retirements, leave or transfers, voluntary exit options, enhanced severance options, special

assignments and job sharing in order to prevent or minimize theeffects of the action contemplated.

Michener will provide each employee with three (3) months' notice of a

reduction in staff pursuant to Article 21. 03. The affected employee

shall receive assistance from Michener to collaboratively arrangecareer counselling, profession development and retraining during thenotice period. The professional development may consist of coursework or clinical experience.

Michener shall decide in conjunction with each employee, the most

appropriate layoff program for the employee. Assistance may take theform of time off during the notice period to pursue professionaldevelopment and/ or other financial assistance ( e. g. counselling, course fees) equivalent to one ( 1) week's salary per year of service

with Michener, up to a maximum of four (4) weeks' salary.

The payment of financial assistance under this Article does not affect

the layoff status of the employee and shall not be considered as salarycontinuance.

21. 05 An employee who is subject to layoff shall have the right to accept the

layoff or displace another employee within their respective Seniority Listwith less seniority in the same program or another program provided theperson exercising seniority rights has the qualifications ( including thosespecified for program accreditation), professional registration, knowledge,

educational skills and ability to satisfactorily perform the available work.

Intention to exercise seniority rights must be declared within fifteen ( 15)

business days of notification by Michener of layoff. An employee displacedpursuant to this clause shall in turn have the right to displace an employee

with less seniority subject to the requirements referred to above.

For the purpose of this Agreement, all Michener programs which employfull-time Faculty as defined in the recognition Article 1. 01 are included.

35


21. 06 When vacancies occur within a period of two ( 2) years following a reductionin staff, Michener shall rehire, in order of seniority, those who were laid -offfrom the program areas in question provided that such employees are

qualified for the vacancy and willing to accept the position.

Employees re-engaged under this provision shall be credited with their

seniority up to the date of layoff.

21. 07 An employee entitled to be recalled shall be given notice by registered mail _ delivered at the last known address on record with Michener. The

employee shall have seven ( 7) business days from receipt in order to

respond. Notice shall be deemed to have been delivered and received on

the fourth (4th)

business date after the date of mailing.

21. 08 An employee who fails to notify Michener within ten ( 10) business days of

the date of mailing of the notice referred to in Article 21. 07, or ( havingadvised during such period that he/she intends to return to work) who failsto return to work within ten ( 10) business days of giving notice of intent toreturn, shall be deemed to have terminated employment with Michener.

These time limits may be extended by mutual agreement.

21. 09 An employee who has received notice of layoff shall be entitled to three ( 3)

weeks' salary per year of completed service, plus a pro -rated amount of

any additional partial year of service, to a maximum of fifty-two ( 52) weeksif said employee elects to forego their recall rights.

ARTICLE 22 - NOTIFICATION OF ADDRESS CHANGE

22.01 It shall be the obligation of employees to notify Michener, in writing, of anychange of address or telephone number. Any changes occurring while anemployee is on layoff shall be communicated to Michener by registeredmail or hand delivered to the Department of Human Resources. Michener

shall be entitled to rely on the last address and telephone number furnishedby the employee for all purposes.

ARTICLE 23 - NO STRIKE AND NO LOCKOUT

23.01 It is understood that there will be no lockout of employees and that there

will be no strike or other action or concerted effort by employees whichinterferes with the work, operations or administration of Michener.

23.02 The definitions of the terms " lockout" and " strike", as used in Article 23.01

above, shall be in accordance with the Labour Relations Act.

36


ARTICLE 24 - PRORATED WORKLOAD AND BENEFITS

24.01 It is agreed that Faculty who average more than twenty-one ( 21) hours per

week but less than a full work week (five [ 5] days) over an academic year

will be pro -rated in the following manner:

Four days - . 8

Three days - .6

Items to be prorated will include the following:

Wages & Benefits

Workload

Vacation

Seniority

PD Days

PD Funds

All negotiated funds within the Collective Agreement

Committee work

Management retains the right to determine whether the Faculty membercan move from a full workload to a reduced load and back to full load at a

later date.

37


ARTICLE 25 - DURATION

25.01 Subject to Article 20.02, this Agreement shall continue in full force and

effect from September 1, 2015 to August 31, 2018.

25.02 In the event of such notifications being given as to the amendment of theAgreement, the parties shall meet in negotiations and bargain in good faith

within fifteen ( 15) days, or such longer periods as may be mutually agreedupon, following such notification.

25.03 If, pursuant to such negotiations, an agreement is not reached on the

renewal or amendment of this Agreement, this Agreement shall continue in

full force and effect until a new Agreement is signed between the parties, it

being understood that this provision shall not limit the right of the parties toarrive at a future wage settlement.

DATED at Toronto this day of D C Ck_ ) 2015.

For the Union IFor Michener

38


APPENDIX I — Salary Schedule

39


Step Current Grid Sept 1/ 15 Sept 1/ 16 Sep 1/ 17Name Sept 1/ 14 1. 4% 1. 6% 2%

14 59,614.00 60,448.60 61, 415.78 62,644.09

Z 15 61, 402.63 62,262.27 63,258.47 64,523.64

COH CO16 63,243.53 64, 128. 94 65, 155. 00 66,458. 10

Cl) WILL

O17 65, 140. 80 66,052.77 67, 109.62 68,451. 81

Q

pa„ 18 67,096.50 68,035.85 69,124.42 70,506.91

19 69, 108.58 70,076. 10 71, 197. 32 72,621. 26

P1 68,622.73 69,583.45 70,696.78 72, 110.72

L P2 70,681. 95 71, 671. 50 72,818.24 74,274.60

Q U) ULU

P3 72, 801. 65 73,820.87 75,002.00 76,502. 05

NLLO

P4 74,984.90 76,034.69 77,251. 24 78,796.27

Q

per„ P5 77,234.78 78,316.07 79,569. 12 81,160.51

P6 79,552.30 80,666.03 81, 956.69 83,595. 82

P7 81, 938.50 83,085. 64 84,415.01 86, 103. 31

P8 84,397.48 85,579. 04 86,948.31 88,687.27wO P9 86,928.20 88, 145. 19 89,555.52 91, 346.63

P10 89,535.80 90,789. 30 92,241. 93 94,086.77WOw

P11 92,223.35 93,514.48 95,010.71 96910.92

a. P12 94,989.83 96,319.69 97,860.80 99,818.02

P13 97, 838. 30 99,208.04 100,795.36 102, 811. 26

00 P14 100,773.90 102, 184.73 103, 819.68 105, 896. 07U)

W3

2 P15 103,797.65 105, 250.81 106,934.82 109, 073. 51a

39


A1. 01 Note on Above Salary Schedule:

Faculty Classifications and Progression

i. Assistant Professors will be required to hold a discipline specific diploma

and licensure with the relevant regulatory college as a member in goodstanding. Where no regulatory college exists, certification from the relevantprofessional association is required. Assistant Professors will be eligible to

progress from Steps 14 — 19 on the basis of merit/performance. Assistant

Professors can advance to Associate Professor normally after 3 years of

teaching experience as an Assistant Professor as well as the completion ofthe Michener certificate program in IPC, in- house or equivalent external

courses in teaching and evaluation methodologies and greater than 50% of

an undergraduate degree. Assistant Professors that meet the above criteria

for advancement must first submit a professional development portfolio

demonstrating fulfillment of the above criteria to the Program Chair forevaluation. When an Assistant Professor moves to the Associate Professor

level he/ she shall be placed on the P1 salary level unless that movement isless than a full increment increase in which case they shall move to the P2

salary level

ii. Associate Professors will be eligible to progress from P1 — P6 on the basis

of merit/performance and must meet one of the following criteria: a. Internally: Assistant Professors who have satisfied the advancement

criteria as outlined in A1. 01 ( i) or

b. External Hires who possess all of the following: 1) a bachelor's degree from an accredited university/college2) a discipline specific diploma

3) licensure with the relevant regulatory college as a member in

good standing ( where no regulatory college exits, certification

from the relevant professional association is required)

4) relevant teaching experience equivalent to an Assistant

Professor

External hires will also be required to complete the Michener

certificate program in IPC.

Associate Professors can advance to Professor normally after 3 years ofteaching experience as an Associate Professor as well as the completionof in- house or equivalent external courses in curriculum design and

development and an undergraduate degree. Associate Professors that

40


meet the above criteria for advancement must first submit a professional

development portfolio demonstrating fulfillment of the above criteria to theProgram. Chair for evaluation. When an Associate Professor moves to the

Professor level he/ she shall be placed on the P7 salary level.

iii. Professors with an undergraduate degree will be eligible to progress from

P7 — P13 on the basis of merit/performance and to P15 with a Masters

degree and must meet one of the following criteria: a. Internally: Associate Professors who have satisfied the advancement

criteria as outlined in A1. 01 ( ii) or

b. External Hires who possess all of the following: 1) a bachelor's degree from an accredited university/college2) a discipline specific diploma

3) licensure with the relevant regulatory college as a member in

good standing ( where no regulatory college exits, certification

from the relevant professional association is required)

4) relevant teaching experience equivalent to an Associate

Professor

External hires will also be required to complete the Michener

certificate program in IPC.

iv. Employees will be entitled to receive an additional lump sum payment of2,000 ( gross) upon completion of five credits ( i. e. an equivalent of one

year' s study) at an accredited university or college or the completion of aBachelor's degree or higher degree from an accredited university or

college. This amount can only be claimed once during a three-year period. Courses, credits or degrees prior to September 1, 1997, cannot be claimed

for this payment.

A1. 02 Acting Responsibility in an Administrative Position

An employee requested by Michener to accept on an " acting basis" the

responsibilities of a more senior administrative position shall receive an

allowance of $4, 000 per year. It is understood that the employee assumes

the added responsibilities on a temporary basis which will cease on eitherthe return of the incumbent or the appointment of a new incumbent to the

vacant position. It is recognized that an " acting" appointment will be made

only when in the judgment of Michener the vacancy is to be of suchduration and/or is to occur at such a time that the teaching program will notbe adversely affected.

41


APPENDIX II - PREPAID LEAVE PLANAs per Article 15. 01)

1. Eligibility

Any full- time faculty member having three ( 3) years' seniority with Michener iseligible to participate in the Prepaid Leave Plan ( PLP).

2. Application

Eligible employees must make written application to the Vice President,

Academic of Michener on or before February 28th of each academic year, requesting permission to participate in the PLP and setting out the deferralprogram requested.

3. Approval

Written acceptance or denial with explanation, will be forwarded to the

applicant by May 31 st in the academic year the request is made.

4. Approval of individual requests to participate in the PLP shall rest solely withMichener.

5. Deferral Plans

The following shall constitute the PLP' s available:

i) two years' deferral of one- third of annual salary in each year, followed byone year of leave;

ii) three years' deferral of one-quarter of annual salary in each year, followed by one year of leave;

iii) four years' deferral of one-fifth of annual salary in each year, followed byone year of leave;

iv) five years' deferral of one-sixth of annual salary in each year, followed byone year of leave.

In each case, the year of leave shall commence September 1st and continue

to August 31st of the following year, or such other period as may be mutuallyagreed upon.

6. Written Agreement

Following Michener approval, the employee and Michener shall enter into awritten agreement setting out the terms of the PLP agreed to, in compliancewith the conditions herein.

42


7. Selection of Carrier

Michener has investigated an outside carrier specializing in the arrangementsfor and investment of deferred salary for PLP. The advantages of

management of the plan by Michener and by the outside carrier will bediscussed with the employee at the time of formulation of the written

agreement. The employee may select either party as " plan manager" and

such selection shall be reflected within the written agreement.

Terms and Conditions

The payment of salary and benefits during the deferral period and the oneyear of leave shall be as follows:

i) In each year of the PLP preceding the year of leave, the employee will bepaid a reduced percentage ( in accordance with the PLP chosen by theemployee from Subsection 5 above) of the annual salary and any and allapplicable allowances as set out in Appendix I. The remaining

percentage of the annual salary and applicable allowances will bedeferred, and this accumulated amount plus any interest earned shall beretained for the participant by the " plan manager" to finance the

employee' s year of leave.

ii) Interest Rate

A statement of the amount standing to the participant's credit will be sentto the participant by the "plan manager" yearly on the anniversary of theirentry into the plan.

iii) Benefits Structuring

During the years of PLP prior to the year of leave, any benefits related tosalary level shall be structured according to the salary the participantwould have received during the deferral period had the employee notbeen in the PLP.

iv) Premium Cost

A participant's coverage for Life Insurance, LTD, Extended Health

including Vision), Dental Plan and/ or Pension Coverage in effect

immediately prior to the leave will be maintained during the leave ofabsence at the employee's option, if eligibility conditions permit;

however, all the premium costs of such plans shall be paid by theparticipant during the leave.

During the year of the program that the employee is on leave, any

benefits related to salary level shall be structured according to the salary

43


the participant would have received immediately prior to the leave hadthe employee not been in the PLP

v) Vacation Holidays and Sick Leave

During the year of leave, the employee shall not receive paid vacations, holidays or sick leave as provided for in this Agreement; however, duringthe year preceding and the year following the leave, the employee willreceive full vacation, holiday and sick leave benefits in accordance withthis Agreement as if employment had been continuous and not

interrupted by the year of leave.

vi) Seniority

During the year of the leave, Seniority shall accumulate for the entireperiod of the leave.

vii) Payout

At the commencement of the year of leave, Michener shall pay to theparticipant the monies standing to the employee's credit less anypremiums or contributions deducted for the year, except as may

otherwise be mutually agreed.

8. Assignment on Return

On return from leave, a participant will be assigned to the same position or, if

lay-off, displacement or placement provisions have application, the employeewill be governed by the appropriate terms of this Agreement. In determiningthe salary level applicable following return, the year of leave shall not qualifyfor salary increment purposes.

9. ( i) Withdrawal Rights

In the case of extenuating circumstances and by mutual agreementwhich shall not be unreasonably withheld) a participant may withdraw

from the PLP any time up to six ( 6) months prior to commencement of

the leave. Anyone withdrawing from the PLP shall be paid a lump sumadjustment equal to monies deferred plus interest monies accrued to the

date of withdrawal from the PLP. Payment shall be made as soon as

possible but must be made within 30 calendar days after withdrawal from

the PLP.

ii) Leave Deferral

In the event that a suitable replacement cannot be obtained for a

participant who has been granted leave, Michener may, up to six ( 6)

months prior to commencement of the leave, defer the year of the leave.

In this instance a participant may choose to remain in the PLP for aperiod not to exceed one year, or receive payment as in sub -paragraph

i) above.

44


iii) Interest Accumulation

Should sub -paragraph ( ii) result in a leave of absence being taken laterthan that intended period, any monies accumulated until the intendedcommencement date will continue to accumulate interest until the leave

of absence is granted.

iv) On Leaving Employment

Any participant who resigns, or is terminated prior to commencement ofthe leave, shall cease to be a participant in the PLP, and shall receive

payment as in sub -paragraph ( i) above.

v) Death Clause

Should the participant die while enrolled in the PLP, any moniesaccumulated plus interest accrued at the date of death will be paid to the

estate.

10. Dependent upon the opinion from Revenue Canada that the income deferral

scheme contemplated hereby is not unlawful and is acceptable to RevenueCanada, the amount of income tax to be deducted will be computed on the

reduced salary paid to the employee.

45


October 16, 2009

LETTER OF UNDERSTANDING

Between:

Michener Institute for Applied Health Sciences

Michener")

and


and its Local 572 (" the Union")

FACULTY SALARY CALCULATIONS

It is agreed that the following will become the criteria for determining salary levelcompensation for Professor, Associate Professor, and Assistant Professor

positions.

A. Experience: Relevant Teaching/Occupational

Relevant occupational experience generally means full years of experience in afield of work related to the material to be taught or the job to be done. In

determining the number of years to be counted, a fair assessment of an

applicant's experience will be made.

For example, an applicant who has spent some years as a sales clerk before

qualifying as a therapist should not expect the sales experience to count asrelevant experience.

Double counting is to be avoided. For example, if an applicant worked as a

graduate assistant while pursuing an advanced degree, the person shall not begiven full credit for both experience and educational time. Similarly, if a

technologist worked as a clinical coordinator in the clinical site, calculations

should reflect the work experience rather than the teaching experience.

The values to be given for experience are:

Years Points per Year

0- 5 1

5. 1- 14 75

14. 1+ 5

46


B. Education

Education qualifications include studies in recognized post -secondary educationalinstitutions. For a diploma from an accredited program leading to registration in aregulatory college, points are attributed for the diploma and for the resultant

certification.

The values to be given for education are:

Credential Points

Diploma/Certification 6

Post -Graduate Certificate 1

Post -Graduate Diploma 2

Undergraduate Degree 6

Master's Degree 4

Ph. D./ Ed. D. 4

C. Computing Initial Placement

i. The minimum qualification requirement is a count of:

12 points for Professors

10 points for Associate Professors

6 points for Assistant ProfessorsBased upon the appointment factors)

ii. Computation of the initial salary is

A+B- 12 for Professors divided by 2 equals Step on Salary ScheduleA+B- 10 for Associate Professors divided by 2 equals Step on SalarySchedule

A+B- 6 for Assistant Professors divided by 2 equals Step on SalarySchedule

iii. The maximum starting salary is

P8 for Professors

P3 for Associate Professors

16 for Assistant Professors

47


D. Market Considerations

Any recommendations to hire or adjust salaries outside the scope of thecriteria outlined above will require joint approval by the Union and

Management. Such approval shall not be unreasonably withheld.

Dated at Toronto the day ofa (" 2015.

For the Union

HEI


For Michener

December 4, 2003


Between:


Michener")

and



PROGRAM COMMUNICATION LIAISON

The parties agree that there exists the responsibility of Program CommunicationLiaison herein known as PCL's. The PCL' s are Faculty who in addition to theirteaching responsibilities are required to fulfill the role within the attached jobdescription.

1. The PCL shall be identified during the workload process. Once that

determination has been made, an appropriate allocation of workload shall take

place.

2. Any discrepancies that may arise relating to the duties of a PCL during theterm shall become a matter to be discussed at the next scheduled Union

Management committee meeting.

3. The term of a PCL shall be for one ( 1) year.

Dated at Toronto the 41 h

For the Union

moo, e


day of Dr. 2015.

49

For Michener

ROLE DESCRIPTION

TITLE: REPORTS TO:

Program Communication Liaison Chair

DIVISION: DATE

REVIEWED:

As appropriate November 2002

GENERAL ACCOUNTABILITY

To act as a liaison between the program faculty, students and the ChairTo represent the program on internal and external committees

NATURE AND SCOPE

To provide prompt assistance to students with program concerns.

To inform the Chair of program issues and concerns. To share information with faculty and students relative to the program and itsadministration.

To establish and maintain a rapport between the program and external

partners, stakeholders specific to the program, and Michener programs and

departments.

To participate in curriculum development, revision and accreditation.

SPECIFIC ACCOUNTABILITY

To monitor student recruitment.

To prepare case reports for the Board of Examiners.

To organize and participate in Program Review Committees.

To respond to student concerns and communicate with Chair regardingunresolved issues.

To facilitate student feedback sessions ( if appropriate).

To finalize textbook lists annually and liaise with the LRC regarding resourceacquisitions.

To proof marketing, calendar and program information. To prepare timetabling input. To participate in advisory and liaison committees. To participate in curriculum develop and revision, and accreditation and degreesubmission preparation.

To liaise with professional association, colleges, etc. on behalf of the program.

To participate on Joint Curriculum Committees for programs for which such

committees exist.

50


June 23, 2015


Between:


Michener")

and



POTENTIAL MERGER

The Union and Michener recognize the possibility of a potential merger betweenMichener and another organization.

Any impact on the Bargaining Unit within Michener must be considered if themerger is to be approved as it relates to the job security of the Bargaining Unitmembers and the integrity of the Bargaining Unit. It is to this extent that the

parties agree to the foregoing:

1. Effective forthwith the Employer shall provide to the Union by way of the LocalPresident, all information relating to the merger pertaining to the BargainingUnit and its members on an ongoing basis.

2. During the term of this Agreement, there shall be no demotion of salary for anyFaculty

3. There shall be no layoffs, reduction or change in work related to the merger

during the term of this Agreement.

4. No reduction of benefits, pension or seniority during the term of this

Agreement.

5. All Michener programs in existence, in which Faculty currently teach at thesigning of the contract, shall remain programs within Michener and as suchthere shall be no loss of teaching hours for the duration of this contract.

6. Michener agrees that headquarters for the Faculty shall remain to be 222 St. Patrick Street, Toronto, ON M5T 1V4. This shall mean that, no Facultymember will be assigned, appointed or directed to teach at another site

51


without written agreement between the individual Faculty members, Michenerand the Union.

7. No working conditions as contained in the Collective Agreement upon

ratification will be altered by Michener or any other involved organization.

The parties recognize that any potential mergers with other organizations willbecome immediate discussions at the Union/ Management table and the

aforementioned conditions shall apply.

7Z

Dated at Toronto the day of 2015.

For the Union

52


For Michener

iL

December 4, 2003


Between:


Michener")

And



FACULTY QUALIFICATIONS

Michener values the academic leadership provided by registered technologistsand therapist in . the design and delivery of Michener curriculum. Ongoingdiscussions regarding the roles and responsibilities in the future of Michener willinvolve Michener's management and faculty. While these discussions are

ongoing, the employer agrees to the following:

1. Michener hiring practices for faculty will not jeopardize accreditation of itsprograms.

2. Recruitment and hiring will be informed by job specifications and all thenecessary skills and qualifications to deliver the curriculum including anylaboratory component(s).

3. Required credentials and related experience will be clearly documented in thejob postings.

4. The parties will commit to ongoing discussions regarding future academicdirection and its implications.

53


5. Workload distribution will continue to be a collaborative process between

management and faculty to facilitate fair and equitable distribution of workassignments.

Dated at Toronto the. day of C 2015

For the Union

An f-

54


For Michener

June27th

2012

LETTER of UNDERSTANDING

Between:


Michener")

and


And its Local 572 (" the Union")

DEDICATED TIME FOR WORKLOAD MEETINGS

The Parties agree that during the months of January and February, Michener willschedule up to eight ( 8) hours of dedicated time for workload assignment in the

common time period, which will include the one ( 1) hour educational session

identified in Article 10. 07 a).

Dated at Toronto the day of 2015

For the Union

55


For Michener

June 27th 2012


Between:


Michener")

and


And its Local 572 ("the Union")

FACULTY PROGRESSION SUPPORT

Michener supports the professional development of the faculty. For faculty whohave recently progressed from Assistant to Associate Professor and AssociateProfessors at the point of hire, Michener will support up to fifty (50) percent of thestudent contact hours from the program model route, for each of the courses

assigned as Teaching A in their second year of Teaching A work.

The hours will be assigned as special project work, funded through the

Educational Development Fund ( EDF). The faculty will consult with the programchair and CLI as part of this quality improvement process.

becDated at Toronto then

day of e_ 2015

For the Union For Michener

56


June 27th 2012


Between:


Michener")

FMl



SUMMER SEMESTER

The parties agree, that effective summer 2014, faculty will not be scheduled forany of their assigned annual workload hours during the first (

1St)

week and the

last (12th)

week of the summer semester. The model route will remain the same,

i. e. twelve ( 12) weeks, for,students to meet OSAP eligibility requirements.

Dated at Toronto the 7 day of % c'G vrL 2015


57


June 23, 2015


Between:

Michener Institute for Applied Health SciencesMichener")

and



UNION -MANAGEMENT COMMITTEE DISCUSSION

The parties agree that the following items are for discussion at Union -

Management committee meetings:

Classification of courses and Description/Activities related to such

Course Evaluations

Faculty Performance Appraisals

The parties agree discussion on these items will commence no later than

September 30, 2015 and substantive progress to be achieved by December 30, 2015.

Dated at Toronto the T day of 2015


C


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