COLLECTIVE AGREEMENT

COLLECTIVE

AGREEMENT

BETWEEN

The Board of Governors,

University of Northern British Columbia

AND

The University of Northern British Columbia Faculty

Association

For the period:

July, 1, 2023 to June 30, 2025

UNIVERSITY OF NORTHERN BRITISH COLUMBIA 
Faculty Association Collective Agreement 
 
TABLE OF CONTENTS     
 
 
Section A:  Agreement Principles ......................................................................................................................... 1 
Article 0:    Definitions .............................................................................................................................................. 2 
Article 1:  Purpose Statement ...............................................................................................................................  8 
Article 2:  Academic Freedom ..............................................................................................................................  9 
Article 3:  Openness and Transparency .............................................................................................................  10 
Article 4:  Access to Information .........................................................................................................................  11 
Article 5:  Conflict of Interest, Apprehension of Bias and Related Matters ......................................................... 13 
Article 6:   Existing Practices ................................................................................................................................ 19 
 
Section B:  Employment Principles ..................................................................................................................... 20 
Article 7:  Advancing Equity, Diversity, and Inclusion (EDI) ................................................................................ 21 
Article 8:  Security of Employment ...................................................................................................................... 22 
Article 9:  Program Redundancy ......................................................................................................................... 23 
Article 10:  Financial Exigency .............................................................................................................................. 25 
Article 11:  Non-Discrimination, Accommodation and Employment Equity ........................................................... 30 
 
Section C:  Appointments .................................................................................................................................... 32 
Article 12:  General Appointment Procedures ....................................................................................................... 33 
Article 13:  Appointment of Faculty  ....................................................................................................................... 37 
Article 14:  Term Appointments of Teaching Members (excluding Senior Laboratory  
Instructors, and Senior Instructors) ..................................................................................................... 41 
Article 15:  Appointment of Librarian Members ..................................................................................................... 49 
Article 16:  Appointment of Senior Laboratory Instructors ..................................................................................... 54 
Article 16A: Appointment of Senior Instructors  ...................................................................................................... 59 
Article 17:  Not Used .............................................................................................................................................. 64 
Article 18:  Academic Appointments of Academic Administrators......................................................................... 65 
Article 19:  Retirement, Resignation and Alteration of Employment ..................................................................... 66 
 
Section D:  Evaluation, Promotion and Tenure .................................................................................................. 71 
Article 20:  Personnel Files .................................................................................................................................... 72 
Article 21A:  Professional Activity Reports .............................................................................................................. 74 
Article 21B:  Components of Evaluation for Teaching Members ............................................................................. 81 
Article 21C: Performance Evaluations of Members ................................................................................................ 83 
Article 22:  Renewal, Tenure and Promotion of Faculty ........................................................................................ 85 
Article 23:  Letters of Reference .......................................................................................................................... 101 
Article 24:  Promotion and Continuing Appointment of Librarian Members ........................................................ 105 
Article 25:  Promotion and Continuing Appointment of Senior Instructor Members ............................................ 109 
Article 26:  Promotion and Continuing Appointment of Senior Laboratory Instructor Members ......................... 114 
 
Section E:  Duties, Rights, Responsibilities and Workload ............................................................................ 119 
Article 27:  Working Conditions ........................................................................................................................... 120 
Article 28:  Professional Development Allowance ............................................................................................... 122 
Article 29:  Duties, Rights and Responsibilities of Faculty Members .................................................................. 124 
Article 30:  Teaching Workload ........................................................................................................................... 127 
Article 31:  Librarian Members’ Duties, Responsibilities and Workload .............................................................. 131 
Article 32:  Duties, Rights, Responsibilities and Teaching Workload of Senior Instructor Members  ................. 135 
Article 33:  Not Used ............................................................................................................................................ 138 
Article 34:   Duties, Rights and Responsibilities of Sessional Instructors ............................................................ 139 
Article 35:   Duties, Rights, Responsibilities and Teaching Workload of Senior Laboratory  
Instructor Members  .......................................................................................................................... 140 
Article 36:  Alteration of Regular Working Conditions ......................................................................................... 145 
Article 37:  Reduced Workload ............................................................................................................................ 147 
Article 38:  Outside Professional Activities .......................................................................................................... 149 
 
 

UNIVERSITY OF NORTHERN BRITISH COLUMBIA 
Faculty Association Collective Agreement 
 
Section F:  Intellectual Property ........................................................................................................................ 150 
Article 39:  Intellectual Property Policy ................................................................................................................ 151 
Article 40:  Not Used ............................................................................................................................................ 163 
Article 41:  Not Used ............................................................................................................................................ 164 
 
Section G:  Discipline and Dispute Settlement ................................................................................................ 165 
Article 42:   Harassment and Discrimination ......................................................................................................... 166 
Article 42A: UNBC Harassment and Discrimination Policy .................................................................................. 167 
Article 42B: Standards of Conduct ........................................................................................................................ 168 
Article 43:  Fraud and Misconduct in Academic Research .................................................................................. 169 
Article 44:  Complaints, Grievances and Arbitration ............................................................................................ 171 
Article 45A: Investigations .................................................................................................................................... 174 
Article 45B: Discipline ........................................................................................................................................... 176 
Article 46A: No Strike or Lock-Out ........................................................................................................................ 179 
Article 46B: Strike/Lock-Out Protocols .................................................................................................................. 180 
Article 47:  Joint Consultation Committee ........................................................................................................... 181 
 
Section H:  Compensation and Benefits ........................................................................................................... 182 
Article 48:  Compensation ................................................................................................................................... 183 
Article 49:  Salary Anomalies............................................................................................................................... 196 
Article 50:  Pensions and Benefits ....................................................................................................................... 197 
Article 51:  Relocation of Tenure-track, Tenured, Probationary and Continuing Members 
  And Full-time Term Members ............................................................................................................ 201 
Article 52:  Not Used ............................................................................................................................................ 202 
Article 53:  Not Used ............................................................................................................................................ 203 
 
Section I:  Leaves .............................................................................................................................................. 204 
Article 54:  Sabbatical .......................................................................................................................................... 205 
Article 55:  Academic or Professional Leave for Librarian, Senior Instructor and  
  Senior Lab Instructor Members  ........................................................................................................ 210 
Article 56:  Assisted Study Leave  ....................................................................................................................... 212 
Article 57:  Maternity Leave and Parental Leave ................................................................................................ 214 
Article 58:  Cultural Leave ................................................................................................................................... 216 
Article 59:  Compassionate and Bereavement Leave ......................................................................................... 217 
Article 60:  Court Leave ....................................................................................................................................... 218 
Article 61:  Sick Leave ......................................................................................................................................... 219 
Article 62:  Leave of Absence .............................................................................................................................. 222 
Article 63:  Vacation Entitlement ......................................................................................................................... 224 
Article 64:  Holidays ............................................................................................................................................. 225 
Article 65:  Not Used ............................................................................................................................................ 226 
 
Section J:  Association Rights and Responsibilities ...................................................................................... 227 
Article 66A: Recognition ........................................................................................................................................ 228 
Article 66B: Exclusions from the Bargaining Unit ................................................................................................. 229 
Article 67:  Association Rights ............................................................................................................................. 230 
Article 68:  Association Facilities ......................................................................................................................... 231 
Article 69:  Assignment of Association Fees, Dues and Assessments ............................................................... 232 
 
Section K:  Management Rights and Responsibilities .................................................................................... 233 
Article 70:  Management Rights .......................................................................................................................... 234 
Article 71:  Not Used ............................................................................................................................................ 235 
Article 72:  Program Chairs ................................................................................................................................. 236 
Article 73:  Reassignment.................................................................................................................................... 240 
 
Section L:  Transition Items ............................................................................................................................... 241 
Article 74:  Transition to the Agreement – Compensation ................................................................................... 242 
Article 75:  Duration of the Agreement ................................................................................................................ 245 
 

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

Section M: Memorandum of Understanding .................................................................................................... 246

MOU: Reporting to a Program Chair ........................................................................................................... 247

MOU: Exceptions to Reporting to a Program Chair ..................................................................................... 248

MOU: Joint Agreement Review Process: Indigenization…………………………………………………… ... .249

MOU: Joint Agreement Review Process: Equity, Diversity and Inclusion…………………………………….250

MOU: Commitments to Implement Provincial Mandate for 2022/23 as per MoS Signed on

February 8, 2021…………………………………………………………………………………………….251

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 1

SECTION A

AGREEMENT PRINCIPLES

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 2

ARTICLE 0: DEFINITIONS

APL

Academic or Professional

Leave.

Academic Unit

A unit

headed by a Chair, such as a Department, Program,

Library or School.

Academic Year

A period of twelve (12) calendar months which, unless otherwise indicated, commences on September

1 of

any year and ends on August 31 of the

following year.

Agreement

The Agreement negotiated between and ratified by the

Employer

and the Association.

Annual Report

See “Professional Activity

Report”.

Appointment Selection Committee

(ASC)

A committee

elected

annually

by each

Program

that

shall

assess and

recommend applicants for Faculty,

Senior Instructor, Senior

Laboratory Instructor or Program Chair appointments.

Archivist

An

Archivist

is

a

Librarian

Member

with

a

graduate

degree

in

Archival

Studies

or

Informational

Studies/Library

Science

with an

emphasis on archival

studies,

or an

equivalent

combination

of a relevant

graduate degree and relevant professional

experience in archives.

Association

The University

of Northern British Columbia

Faculty Association.

Base Salary

The salary of the Member’s

grid

step.

Board of Governors

The

Board

of

Governors

of

the

University

of

Northern

British

Columbia,

as

provided

for

in

the

University

Act.

Campus

A designated location for assigned duties.

CAUT

The Canadian Association of University

Teachers.

Chair

A Member who is an administrative officer of an Academic

Unit

or sub-unit

(see

“Program Chair”).

chair

The head of

a committee.

Community at Large

Any

individual,

body

or

organization

other

than

the

Professional/Academic

Community

or

the

University

Community.

Continuing

appointment

An

ongoing

appointment

for

a

Librarian

Member

or

SLI

Member

that

commences

after

a

probationary

period of

employment.

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Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 3

Contract Year

A period of twelve (12) months that commences on July 1 of one calendar year and ends on June 30 of the

next.

Cross Appointment

An initial or subsequent affiliation of a Teaching Member to two (2) or more Programs.

CUFA-BC

The Confederation of University Faculty Associations of British Columbia.

Day

A day of the week, Monday through Friday, excluding all holidays observed by the University.

Dean

The Dean of a Faculty.

Due Diligence

If a person is required to exercise due diligence under the terms of this agreement, they will both maintain a

high standard of awareness of their contractual, ethical, legal, and other obligations in relation to the

matters which are subject to the exercise of due diligence and take decisive, prompt, and continuing action

to ensure that they meet those obligations.

Employer

The Board of Governors of the University of Northern British Columbia, or any officers authorized to act on

behalf of the Board of Governors.

Faculty

A specific group of academic units that make up one of five (5) Faculties: Faculty of Business and

Economics; Faculty of Environment; Faculty of Human and Health Sciences; Faculty of Indigenous Studies,

Social Sciences and Humanities; Faculty of Science and Engineering.

Faculty Association

See Association.

Faculty Evaluation Committee (FEC)

A committee struck in each of the five (5) Faculties comprising the Faculty Dean, all the Chairs in the

Faculty, and one (1) Chair from another Faculty. If more than one (1) Chair from other Faculties volunteers

for the FEC, the Chairs from within the Dean’s Faculty will elect the external Chair representation.

Faculty Member

A person eligible for membership in the University of Northern British Columbia Faculty Association and

holding a Tenured or Tenure-track appointment at the rank of Lecturer, Assistant Professor, Associate

Professor, and Professor.

Faculty Promotion and Tenure Committee (FPTC)

A committee struck in each of the five (5) Faculties comprising seven (7) persons, four (4) of whom are

Tenured Faculty Members elected by the Faculty, which shall make recommendations to the University

Promotion and Tenure Committee (UPTC) on Tenure and promotion.

Financial Commission (FC)

A committee established in accordance with Article 10 to determine whether or not a state of financial

exigency exists.

Grid Step

The increase in base salary awarded annually to Members upon satisfactory performance. The value of the

Grid Step is defined as the difference between one Grid Step and the next Grid Step.

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Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 4

Harassment and Discrimination Policy

The University’s Policy on Harassment and Discrimination, approved by the Board of Governors in July,

1998.

Instructor

A person eligible for membership in the University of Northern British Columbia Faculty Association who

holds a teaching-only term appointment as Instructor I, Instructor II, Instructor III, or Instructor IV.

Joint Consultation Committee (JCC)

The Joint Consultation Committee for the Administration of the Agreement, which functions in an advisory

capacity to the Association and/or Employer with the general aim of ensuring that the Agreement is

administered in a spirit of collegiality.

Librarian

A librarian, holding a graduate degree from an American Librarian Association (ALA) accredited school of

library and/or information studies.

Librarian Member

A person eligible for membership in the University of Northern British Columbia Faculty Association and

holding an appointment as Librarian I, Librarian II, Librarian III, or Librarian IV.

Librarians’ Appointment Selection Committee (LASC)

A Committee that shall assess and recommend Librarian and Archivist applicants for Probationary,

Continuing, Limited Term, or Department Head Appointments.

Librarian Promotion Committee (LPC)

A Committee that shall make recommendations to the University Promotion and Tenure Committee (UPTC)

on promotion for Librarian Members.

Long Term Disability (LTD)

Unavoidable absence occurring because of illness or accident that extends beyond sixty (60) calendar

days.

Maternity Leave

Leave granted as a consequence of pregnancy.

Medical Services Travel Fund

A fund that offsets the costs of Members’ travel outside of Prince George or a regional campus for the

purpose of seeking medical treatment.

Member

A person eligible for membership in the Association and holding an appointment as Instructor I, Instructor

II, Instructor III, Instructor IV, Part-time Instructor, Senior Instructor I, Senior Instructor II, Senior Instructor

III, Senior Laboratory Instructor I, Senior Laboratory Instructor II, Senior Laboratory Instructor III, Senior

Laboratory Instructor IV, Lecturer, Assistant Professor, Associate Professor, Professor, Librarian I,

Librarian II, Librarian III, or Librarian IV.

member

An employee, student, member of the Board or Senate, or participants on committees of the University of

Northern British Columbia.

Natural Justice

A duty of procedural fairness to persons in the course of lawful interference with various of their interests,

including interests in property. The term is generally understood to apply to statutory tribunals charged with

adjudicating disputes between others where legal rights and interests may be affected. These bodies must

adhere to and apply where legal rights and interests may be affected. These bodies must adhere to and

apply the principal of natural justice – that is, give persons specially affected by the decision a reasonable

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 5

opportunity of presenting their case, listen fairly to both sides (audi alteram partem) and reach a decision

untainted by bias.

Nominal Salary

The annual salary rate of a Member engaged in full-time employment with the University, including base

salary (grid step), and any performance pay increment award.

Official Personnel File (OPF)

The one file that is the only file used in all decisions respecting any and all terms and conditions of

employment of a Member.

Parental Leave

Leave granted to Members who become natural or adoptive parents.

Part-time Instructor

A person eligible for membership in the University of Northern British Columbia Faculty Association and

holding a teaching-only term appointment as Part-time Instructor for the duration of a specific course.

Parties

The parties to this agreement, namely the Board of Governors of the University of Northern British

Columbia (the Employer) and the University of Northern British Columbia Faculty Association (the

Association).

Phased Retirement Program

A one (1), two (2) or three (3) year program of reduced workload for eligible members leading to an

irrevocable retirement date.

Post-retirement Medical/Dental Fund

A fund created for retired Members of the University of Northern British Columbia Faculty Association to

help offset the cost of post-retirement medical and/or dental benefits.

President

The President and Vice-Chancellor of the University of Northern British Columbia.

Professional Activity Report (PAR)

A report submitted by each full-time Member by the second (2

nd

) Friday in February of the year of review

covering the activities of the period of review (see Article 21).

Professional and/or Academic Community

Educational boards, peer review committees, research committees, commissions, and related professional

or academic bodies external to the University of Northern British Columbia.

Professional Development Allowance (PDA)

An allowance to be used for the purchase of items related to the performance of University-related

professional and/or teaching duties.

Program Chair

A Member who is an administrative officer of an Academic Unit or sub-unit (see “Chair”).

Provost

The Vice-President, Academic and Provost of the University of Northern British Columbia.

Regular Term Member

A person eligible for membership in the University of Northern British Columbia Faculty Association and

holding a term appointment as Lecturer, Assistant Professor, Associate Professor, or Professor.

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 6

Research Chairs Appointment Selection Committee (RCASC)

A Committee that shall advise on the appointment of special research chairs (or equivalent).

Sabbatical

A regular opportunity for a Tenured Faculty Member to maintain and enhance their academic and

professional competence free from normal on-campus teaching/professional and service obligations.

Salary Anomalies Committee

A committee comprising representatives of the Association and the Employer who shall make

recommendations to the Provost to correct anomalies.

Semester

One (1) of three (3) main academic terms making up the academic year. Fall semester courses typically

run from September through December, while Winter semester courses are usually offered from January

through April, and Spring semester courses run from May through August.

Semester Contact Hour (SCH)

An hour scheduled by the Registrar and spent in instruction in lectures, laboratories, tutorials, seminars or

clinical instruction per week during a traditional thirteen (13)-week semester, or equivalent. Normally one

(1) Semester Contact Hour is considered to be equivalent to fifty-six (56) insurable work hours for the

purpose of reporting for employment insurance.

Senate

The Senate of the University of Northern British Columbia, as provided for in the University Act.

Senior Instructor (SI)

Members with appointments as Senior Instructor I, Senior Instructor II or Senior Instructor III. Any

reference to SI throughout the Agreement refers to a Senior Instructor Member.

Senior Instructor Appointment and Promotions Committee (SIAPC)

A committee comprising five (5) members, chaired on a rotational basis by one of the Faculty Deans, that

shall make recommendation on the granting of Continuing appointment or promotion of SI members.

Senior Laboratory Instructor (SLI)

Members with appointments as Senior Laboratory Instructor I, Senior Laboratory Instructor II or Senior

Laboratory Instructor III. Any reference to SLI throughout the Agreement refers to a Senior Laboratory

Instructor Member.

Senior Laboratory Instructor Appointment and Promotions Committee (SLIAPC)

A committee comprising five (5) members, chaired on a rotational basis by one of the Faculty Deans, that

shall make recommendation on the granting of Continuing appointment or promotion of SLI members.

Sessional Instructor

A person who is a member in the University of Northern British Columbia Faculty Association and whose

only appointment is as a Part-time Instructor.

Sessional Roster

A record kept within each academic unit that lists Sessional Instructor(s) who taught courses for the

academic unit, and includes the specific courses assigned to the Sessional Instructor(s).

Sick Leave

Leave granted because of unavoidable absence occurring because of illness or injury.

Spouse

A legal spouse or common-law spouse or same sex partner. Common-law spouse or same sex partner

means a person with whom a Member has been living with in a common-law relationship for at least twelve

(12) months.

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 7

Teaching Member

A person eligible for membership in the University of Northern British Columbia Faculty Association and

holding an appointment as Lecturer, Assistant Professor, Associate Professor, Professor, Instructor I,

Instructor II, Instructor III, Instructor IV, Part-time Instructor, Senior Instructor, or Senior Laboratory

Instructor.

Type of appointment

One of (a) Term, (b) Probationary, (c) Continuing, (d) Tenure-track, or (e) Tenured.

UNBC

The community consisting of administrative officers, faculty, staff and students of the University of Northern

British Columbia.

UNBC-FA

See “Association”.

UNBC-FA Member or Member of the Association.

See “Member”.

University Librarian

The Librarian of the University of Northern British Columbia.

University Policy Manual

The manual published by the University communicating to the UNBC community the policies and practices

approved by Senate, the Board of Governors, President’s Council and other appropriately constituted

management bodies.

University Promotion and Tenure Committee (UPTC)

A committee comprising eight (8) members, chaired by the Provost, and shall make recommendation on

the granting of Tenure, promotion or Continuing appointment.

University Promotion and Tenure Appeal Committee (UPTAC)

A committee comprising six (6) members, chaired by the President of the University, who shall hear

appeals of negative recommendations of UPTC and make recommendation on the granting of Tenure,

promotion or Continuing appointment.

Years of Experience

The number of Years of Experience is the number of years granted by the University upon initial

appointment. This number is based upon academic and/or professional work experience.

Years of Service

The number of Years of Service is the number of years of continuous employment from the date of a

Member’s initial appointment at UNBC.

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 8

ARTICLE 1: PURPOSE STATEMENT

1.1 The Employer and the Association agree to work co-operatively towards improving the quality of

education and to promote a climate of freedom, responsibility, and mutual respect for the benefit of

students and the academic and wider communities.

1.2 The purpose of this Agreement is to foster respectful and harmonious relations between the

Employer and its academic staff through:

(a) clear, reasonable, and equitable processes and terms and conditions of employment; and

(b) methods conducive to the amicable settlement of differences or grievances that may arise

from time to time between the Parties.

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 9

ARTICLE 2: ACADEMIC FREEDOM

2.1 The common good of society depends upon the search for knowledge and its free expression.

Academic freedom in universities is essential to both these purposes in the teaching function of the

university as well as in its scholarship and research. Members shall not be hindered or impeded in

any way by the Employer or the Association from exercising their legal rights nor shall they suffer

any penalties because of the exercise of such legal rights.

2.2 The Parties agree that they will not infringe or abridge the academic freedom of any Member.

Members are entitled, regardless of prescribed doctrine, to freedom to practice their professions;

freedom in carrying out research and in publishing the results thereof; freedom of teaching and

discussion; freedom of creative activity; freedom to select, acquire, disseminate, or use documents

in the exercise of their professional responsibilities; freedom to criticize the University, the

Employer, and the Association; freedom from institutional censorship; and freedom to choose their

directions of research.

2.3 In exercising such freedom, Members have an obligation to acknowledge and the responsibility to

respect the academic freedom and rights of other members of the UNBC community.

2.4 The censorship of information is incompatible with the free pursuit of knowledge. The collection,

organization, and dissemination of knowledge will be done freely and without bias in support of the

research, teaching, and study needs of the UNBC community. The Parties agree that no

censorship based on moral, religious, or political values shall be exercised or allowed against any

material which a Member desires to be placed in the library collections of UNBC.

2.5 Academic freedom does not require neutrality on the part of the individual; rather, academic

freedom makes commitment possible. Academic freedom does not confer legal immunity, nor does

it diminish the obligations of Members to meet their duties and responsibilities. Members have a

duty to exercise that freedom in a manner consistent with the academic obligations of teachers and

scholars, Librarians and Senior Laboratory Instructors.

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 10

ARTICLE 3: OPENNESS AND TRANSPARENCY

3.1 The Parties agree that openness and transparency are essential to encourage collegiality and

academic freedom. Openness and transparency shall extend to matters before the open Board of

Governors and the open meetings of Senate. The Parties also agree that an open and transparent

process is equally applicable to open meetings of standing committees and sub-committees.

3.2 For issues that affect academic units at UNBC, established collegial processes will be followed.

This includes consultation between the senior UNBC Administration and the Association and

assumes that proposals of significance are reviewed by appropriate collegial bodies including

Faculty Council and, where appropriate, Senate.

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 11

ARTICLE 4: ACCESS TO INFORMATION

4.1 Principles

4.1.1 Effective collective bargaining and the proper administration of the collective agreement can only

be realized if both Parties have access to necessary information. Nothing in this Article is meant to

preclude either Party from making reasonable requests for additional information from time to time.

Such requests shall not be unreasonably denied.

4.1.2 Recognizing the rights of Members to protection of their privacy and the rights of the Association to

represent the Members, the Association will use information provided by the Employer in a

responsible manner consistent with Labour Relations Code and the Personal Information

Protection Act and will indemnify and save harmless the Employer from any liability or action of any

kind that may arise from its use and management of that information.

4.1.3 The Employer shall provide the Association, within twenty (20) days of a written request to the

Provost from the President of the Association, all information which is reasonably required by the

Association for the purpose of negotiating an Agreement.

4.2 Specific Information to be Provided

4.2.1 The Employer shall provide the Association with the following specific information:

(a) in October, a list of all Continuing, Tenured, Tenure-track, and Probationary Members,

which shall include: name, month and year of birth, rank, gender, years of service, type of

appointment, year of appointment, current salary, year of first and last degree, highest

degree earned, and in the case of change, additional degree and type of appointment;

(b) a copy of all part-time instructor contracts, including name, Program affiliation, semester

contact hours assigned, and salary, within five days of receiving a signed contract. The

Employer shall also inform the Association of contract cancellations or changes of terms of

employment when known to the Employer;

(c) new appointment or change in status of a Member, including details of the appointment or

change, within twenty (20) days of the information being known to the Employer;

(d) names of Members who are inactive because they are on leave and are not being paid by

the Employer, such as Members who are on leave of absence without pay and Members

who are on long-term disability, within 20 days of the Member’s change of inactive status;

(e) a copy of all scholarly expectations documents, and amendments to the documents, within

ten (10) days of approval of the FEC pursuant to Article 21B.2.4;

(f) a summary or report of any significant problems arising with respect to the application of

benefits plans to the Membership in such a way as to not breach confidentiality of

individuals;

(g) by March 1, an anonymous record of each committee’s vote on each candidate for Tenure,

Continuing appointment, and promotion (pursuant to Article 22.10.3); and

(h) notification when a new advertisement (excluding part-time instructor positions) for a

position in the Bargaining Unit has been posted.

4.2.2 The Employer shall maintain online:

(a) an up-to-date list of the members of the Board of Governors and Senate;

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 12

(b) agendas, meeting materials and approved minutes of open meetings of the Board of

Governors and Senate;

(c) a repository of master policies of each of the benefit plans accessible by all Members of

the Association; and

(d) a repository of current University policies and procedures in searchable format accessible

by all Members of the Association.

4.2.3 The Employer agrees to make available to the Association as soon as available for release in non-

confidential format:

(a) a copy of the University budget;

(b) a copy of the annual audited financial statement of the University when approved by the

Board of Governors; and

(c) in July of each year, the total salary allocation and the salary ranges for the following group

of senior administrators: President, Provost, Vice-Provosts, Associate Vice-Provosts,

and Deans.

4.2.4 The Employer shall provide the Association within twenty (20) days of receipt or issue the following

information with respect to benefit plans for Members:

(a) a copy of any request for proposals relating to pensions and benefits;

(b) any change in the names of Member benefit consultants, insurance brokers, and carriers of

Member benefit plans for Members; and

(c) a copy of any reports relating Members’ pension and benefits issued by the benefit carrier.

4.2.5 The Association shall provide the Employer with the following information:

(a) a copy of each Association Newsletter at the time of distribution to Members;

(b) a current list of Members of the executive of the Association, as described in the

constitution of the UNBC Faculty Association, updated within twenty (20) days of any

change;

(c) a copy of the agenda and the minutes at the time of distribution, of open meetings of the

Association; and

(d) a current list of persons or firms employed by the Association except for persons who are

Members of the Association.

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Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 13

ARTICLE 5: CONFLICT OF INTEREST, APPREHENSION OF BIAS AND RELATED MATTERS

5.1 Conflict of Interest and Apprehension of Bias

The Parties share a commitment to carry out the business of the University in a manner that is

ethical and professional and in accordance with the principles of natural justice. The Parties have

an obligation both to the University and to Members to be fair and objective when presenting a

professional judgement on a Member at the request of an appropriate University committee or

authority (e.g., a committee dealing with appointments, Tenure, Continuing appointment,

Promotion, dismissal or research and instructional development grants). As such, the Parties

recognize that they share a special responsibility to encourage all Members to discharge their

duties and responsibilities in a manner that is free of conflict of interest and bias.

5.2 Application

This Article applies to participation of all Members, University Administrators, and other University

employees in any recommendation or decision-making process which is covered by this

Agreement.

5.3 Definition of Conflict of Interest

5.3.1 An actual or potential conflict of interest occurs when a Member is in a situation where their

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

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

appears to conflict, with their responsibility to the University. For the remainder of this Article, the

term ‘conflict of interest’ shall also be interpreted as including ‘potential conflict of interest’.

5.3.2 A conflict of interest arises when participation of any individual in any recommendation or decision

covered by this Agreement results in, or could potentially result in, any form of direct or indirect

personal gain or benefit. Such gain or benefit may include, but is not limited to, financial reward,

personal or professional advancement, or special recognition.

5.3.3 A conflict of interest does not exist where a Member is in negotiations with regard to salary,

benefits or general terms of employment on behalf of the Association. Nor does a conflict of

interest exist when the interest of the Member and any benefit to the Member is only part of the

advancement of the interests of the Member’s academic unit or the University as a whole.

5.3.4 Where the Employer is a signatory to other more specific conflict of interest policies, such as with

the Federal Granting Agencies, those external requirements apply to the extent that they are at

least as stringent as those contained in the Agreement.

5.4 Allegation of Conflict of Interest

5.4.1 If an individual affected by the committee decision or a committee member feels that one or more

members of the committee are in a conflict of interest or appearance of a conflict of interest, the

individual shall bring in writing the relevant facts to the attention of the committee chair. Disclosure

must take place before the person in alleged conflict participates in any meeting or other process at

which the subject matter of the conflict of interest will be considered, or immediately upon being

made aware of the alleged conflict. The Association or the Employer may also raise conflict of

interest concerns with the chair. The committee chair shall inform the affected committee

member(s) and shall forward a copy of the signed allegation to the person(s) alleged to have a

conflict of interest, and provide an invitation to submit a written response to the allegation.

5.4.2 When an allegation of conflict of interest is made, the process for making a determination is as

outlined in Article 5.5.

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 14

5.4.3 Should the allegation be with respect to the committee chair and where the chair is appointed by

the University, the issue shall be raised in writing with the chair’s immediate supervisor who shall

raise it with the chair. The procedures in Articles 5.4.1 and 5.4.2 will be adhered to.

5.4.4 Where the committee chair or next level of authority determines a charge of conflict of interest to be

vexatious or made in bad faith, the committee chair or next level of authority may refer the matter to

the Provost for appropriate action.

5.5 Procedures where a conflict of interest or a potential conflict of interest may exist

5.5.1 Every Member shall be conscious of and sensitive to the issues of conflict of interest and the

potential of a conflict of interest.

5.5.2 Where a conflict of interest exists, or potentially exists, it is the responsibility of the individual to

declare the conflict to the chair or to the next level of authority in absence of a committee decision.

Similarly, it is the responsibility and duty of all individuals engaged in a decision-making process

covered by the Agreement to raise concerns about a conflict of interest with the appropriate

authority.

5.5.3 Upon learning of a conflict of interest or potential conflict of interest, the committee chair, or the

next level of authority in the absence of a committee decision, is required to make a determination

of whether a conflict of interest exists.

5.5.4 A committee chair, or the person in the next level of authority when the decision does not involve a

committee, will gather further information about the nature of the conflict of interest, consult with

others as required, and make a determination as to whether a conflict of interest exists.

5.5.5 For the purposes of all conflict of interest decisions governed by this Agreement, if a Member

disagrees with the initial determination, an appeal may be made to one level up from the original

authority and that decision will be final with no further right of appeal. The appeal must be made in

writing within three (3) days of the initial decision and the decision on the appeal must be delivered

within three (3) days of receiving it.

5.5.6 The decision on the appeal will be in writing, copied to the Association and the Provost, and

contain enough detail that the Parties can determine whether conflict of interest guidelines are

being applied in a uniform manner.

5.5.7 A Member has the right to discuss their concerns regarding a conflict of interest or potential conflict

of interest with a member of the Association, and seek assistance from the Association in

constructing a written request to the committee chair or next level of authority.

5.5.8 If a conflict of interest is deemed to exist, the individual determined to be in conflict of interest will

be removed from the decision-making process.

5.5.9 If no conflict of interest is deemed to exist, the individual initially believed to be in conflict of interest

will be permitted to participate in the decision-making process.

5.5.10 Members who believe themselves to be in a conflict of interest may declare so to the appropriate

authority and remove themselves from the decision-making process without requiring a

determination under Article 5.5.3.

5.6 When a Conflict of Interest Exists

5.6.1 Where a Member has a conflict of interest, they shall refrain from participating in making any

recommendation or decision that directly and preferentially benefits their personal, financial or

professional interest, or the personal, financial or professional interest of an immediate family

member or of an individual with whom the person has or has recently had a conflict of interest.

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Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 15

Refraining from participation means withdrawing from all or any portion of a meeting where the

subject matter of the conflict will be discussed.

5.6.2 Without limiting the generality of the foregoing, unless specifically authorized by the Provost (or

designate) after full written disclosure of the conflict, a person shall not:

(a) with University funds or with funds administered by the University, knowingly authorize the

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

person, or a member of the person’s immediate family or of an individual with whom the

person has or has recently had a personal, intimate relationship, has a material financial

interest; or

(b) employ or otherwise engage, using University funds or funds administered by the

University, an individual who is a member of the person’s immediate family or with whom

the person has or has recently had a personal, intimate relationship.

5.7 Contractual or Financial Matters

5.7.1 A Member who has any interest, directly or indirectly, in any contract, transaction, proposed

contract or proposed transaction under consideration by the University and is part of the decision-

making process with respect to same, shall:

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

meeting in which the Member participates and at which the matter is to be considered; and

(b) refrain from taking part in any discussion or decision-making vote in relation to the matter

and withdraw from any meeting when the matter is being discussed.

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

the Provost (or designate) after full written disclosure of the conflict, a Member shall not:

(a) with University funds or with funds administered by the University, knowingly authorize the

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

Member, (or any individual with whom they have an immediate familial, marital, sexual or

financial relationship) has a material financial interest; or

(b) engage any individual with whom the Member has an immediate familial, marital, sexual or

financial relationship in any capacity for which remuneration comes from University funds

or from funds administered by the University.

5.8 Waiver of Conflict of Interest

5.8.1 Where the circumstances of a conflict of interest are unlikely to have an impact on the interests of

another Member or the Employer, the Provost may, on behalf of the Employer, waive a conflict

between the Employer’s interest and the Member who has the conflict of interest. When a conflict

of interest has been waived under this Article, the conflict of interest is deemed to no longer exist.

5.8.2 Examples of where it may be appropriate for a Provost to waive a conflict of interest on behalf of

the Employer include circumstances where the conflict of interest is so remote or insignificant that it

cannot reasonably be regarded as likely to influence the Member.

5.9 Definition of Bias or Apprehension of Bias

5.9.1 Bias or apprehension of bias is defined as an expressed concern that there is a potential for a

Member making a recommendation or participating in the decision or process leading to a

recommendation or decision, to have pre-judged the issue to be determined or to be unduly

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 16

influenced either positively or negatively by a pre-existing relationship with a Member who is the

subject of the recommendation or decision.

5.9.2 Bias or apprehension of bias exists when a reasonable person, who is informed of the facts upon

which the bias or apprehension of bias is based and without any knowledge of the character of the

individuals other than their past or present relationship, would conclude that the Member’s bias or

apprehension of bias is reasonable and founded on fact. A determination that there is a

reasonable bias or apprehension of bias does not mean that the person is in fact biased.

5.10 Determination of whether a Bias or Apprehension of Bias Exists

5.10.1 Voluntary Disclosure

5.10.1.1 A Member has an obligation to disclose when they are in a position of conflict of interest or bias

when they are participating in a recommendation or decision process.

5.10.1.2 A Member who believes himself or herself to be in a position of conflict of interest or bias, shall

bring the matter to the attention of the committee chair.

5.10.1.3 If, after consultation, the Member and the chair of the committee agree that a conflict of interest,

bias, or reasonable apprehension of bias exists, the individual shall voluntarily remove himself or

herself from the process.

5.10.2 Allegations of Conflict of Interest or Apprehension of Bias

5.10.2.1 Where a written allegation of apprehension of bias has been made to the committee chair, or next

level of authority in absence of a committee decision being required, they shall determine whether

there is a reasonable apprehension of bias as defined by this Article. Persons alleging bias must

do so before the person in bias or alleged bias participates in any meeting or other process at

which the subject matter of the alleged bias will be considered, or immediately upon being made

aware of circumstances causing an apprehension of bias.

5.10.2.2 Where a written allegation of apprehension of bias concerning a Member has been made to an

appropriate authority (the committee chair, or next level of authority in the absence of a committee

decision being required), that authority shall inform the Member against whom the allegation is

made, and provide a copy of the written allegation to that Member. The appropriate authority shall

then determine whether an apprehension of bias exists, and inform in writing both the Member

against whom the allegation is made and the person providing the written allegation. If a finding of

alleged bias against a Member is made and upheld, that Member shall be excused, without

prejudice, from participating in the decision that is the subject of the finding.

5.10.2.3 The decision of the committee chair or next level of authority to excuse or not excuse a Member

can be appealed in writing within three (3) business days of receiving the written notification, by

either the Member who is undergoing review or the Member being excused, to the Provost or to

their designate if the committee chair is the Provost.

5.10.2.4 The written decision of the Provost (or designate) will be submitted within three (3) business days

of receiving the written appeal, and is final. It shall be copied to the Association, and shall contain

enough detail that the Parties can determine whether the Apprehension of Bias guidelines are

being applied in a uniform manner.

5.10.2.5 A Member has the right to discuss their concerns regarding bias or apprehension of bias with a

member of the Association, and seek assistance from the Association in constructing a written

request to the committee chair or next level of authority. Both Members apprehensive of bias and

Members accused of bias have the right to seek assistance from the Association in constructing

written requests or appeals.

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Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 17

5.11 Abstention

Where it has been determined that a bias or apprehension of bias exists, the person with regard to

whom such bias or apprehension exists shall refrain from further participation in the making of any

recommendation or decision or participating in the process leading to a recommendation or

decision concerning the Member who is the subject. Refraining from participation means

withdrawing from all or any portion of a meeting where the subject matter of the bias or

apprehension of bias will be discussed.

5.12 Relations with Students

5.12.1 With respect to students, Members:

(a) shall avoid all forms of harassment and discrimination as specified in Articles 11 and 42 of

this Agreement;

(b) shall disclose any conflict of interest or other circumstances known to them which may

reasonably introduce or appear to introduce bias into their academic judgement or

administrative decisions with respect to students;

(c) shall not accept additional remuneration for tutoring students enrolled in the University; and

(d) shall respect the confidentiality of information about a student gained through the exercise

of academic or administrative duties or through participation in Program or University

committees; such information may be used or disclosed where such use or disclosure has

the student's consent, or is required in the fulfilment of a Member’s academic,

administrative, or committee responsibilities.

5.13 Relations with Members

5.13.1 Without limiting the generality of Articles 5.1 and 5.2 both Members of the Association and the

Employer:

(a) shall, with respect to Members, avoid all forms of discrimination and harassment as

specified in Articles 11 and 42 of this Agreement;

(b) have an obligation both to the University and to Members to present a balanced appraisal

of strengths and weaknesses and to be fair and objective when presenting a professional

judgement on a Member at the request of an appropriate University committee or authority

(e.g., a committee dealing with appointments, Tenure, Continuing appointment, Promotion,

dismissal, or research and instructional development grants);

(c) shall respect the confidentiality of information about a Member gained through the exercise

of administrative duties or participation in a peer committee; such information may be used

or disclosed where such use or disclosure has the Member's consent, or is required by the

terms of this Agreement;

(d) shall not directly participate in deliberations or vote at more than one stage in any multi-

stage process concerning a Member's career; and

(e) shall not participate in the deliberations of a committee while it adjudicates applications

which include their own application; however, in the case of grant applications, this

prohibition applies only to the committee's consideration of applications in the same

category as the Member's application.

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Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 18

5.14 Indication of Affiliation

As a general rule, Members in their scholarly publication or information for performance programs

or recording notes should indicate their affiliation with the University.

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Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 19

ARTICLE 6: EXISTING PRACTICES

6.1 Benefits or privileges respecting terms or conditions of employment that are reasonable, certain,

and known but not covered by this Agreement will continue to be available to Members in so far as

is practicable and reasonable within the limits of the University budget and resources and the terms

of this Agreement.

6.2 No new policies, bylaws or substantive changes to the academic organization of the University will

be of any force or effect where they have a material effect on the terms and conditions of

employment unless there have been meaningful consultations with the Association.

6.3 When the Association seeks to rely on any existing practice or policy as a term and condition of

employment, the onus shall be on the Association to establish that such practice or policy is

reasonable, certain, and known.

6.4 The Employer acknowledges the importance of maintaining a climate in which the academic

functions of Members can be effectively carried out, and will make reasonable efforts to provide an

appropriate level of facilities and services. The Employer agrees that existing services, and

facilities currently provided to Members will be maintained in so far as is practicable and reasonable

within the limits of the University budget and resources and the terms of this Agreement.

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 20

SECTION B

EMPLOYMENT PRINCIPLES

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Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 21

ARTICLE 7: ADVANCING EQUITY, DIVERSITY, AND INCLUSION (EDI)

7.1 Purpose

7.1.1 In accordance with the university’s motto, ‘En Cha Huná (“respecting all forms of life”), the parties

agree that the university is strengthened when its faculty and community reflect the diversity of

Canadian society. Appointment of Indigenous and equity-deserving academics plays an essential

role in advancing equity and diversity at the institution. The Employer commits to ensuring diversity

and inclusion, particularly for equity-deserving groups.

7.2 Principles

7.2.1 In recognition of the importance of valuing diverse approaches to teaching, scholarly activity, and

service:

a) the Employer will ensure that calls for participation in hiring and tenure and promotion

committees encourage participation from members of equity-deserving groups; and

b) diverse forms of knowledge production and dissemination, including community-based

scholarship, Indigenous knowledge-based teaching and scholarship, and knowledge

transmission, will be recognized in career decisions.

7.3 To advance the work of equity, diversity, and inclusion at UNBC, the Employer shall develop,

maintain and regularly review EDI plans, policies, practices, and systems to foster the hiring,

retention, and promotion of equity-deserving and under-represented groups and to ensure non-

discrimination.

7.4 The Parties agree to establish a Joint EDI Committee, which will conduct a review of the Collective

Agreement in the final year of the Collective Agreement. The committee shall consist of two (2)

persons named by and representing the Association, and two (2) persons named by and

representing the Employer.

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Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 22

ARTICLE 8: SECURITY OF EMPLOYMENT

8.1 No Member shall be terminated, dismissed, laid-off or experience any other severance, suspension

or interruption of the employment relationship except in accordance with one of the following:

(a) retirement;

(b) voluntary resignation;

(c) natural expiration of a term appointment;

(d) expiration of a Probationary or Tenure-track appointment - following non-renewal, denial of

Tenure, or denial of Continuing Librarian or Continuing Senior Instructor or Continuing Senior

Laboratory Instructor appointment (Articles 22, 24, 25 and 26);

(e) upon lay-off (Articles 9 and 10);

(f) suspension (Article 45B); or

(g) dismissal for just and reasonable cause (Article 45B).

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Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 23

ARTICLE 9: PROGRAM REDUNDANCY

9.1 Program redundancy refers to the cancellation of an Academic Program resulting in the loss, or

possible loss, of a Member’s position for reasons other than financial exigency.

9.2 The merging of programs, or the reassignment of a Member to another program without the loss of

a Members position, is not Program redundancy and is not subject to this Article. Where necessary,

the Employer will assist the Member affected by Program merger or by reassignment as per

Articles 9.9, 9.10, 9.11 and 9.12.

9.3 Program redundancy may occur only for bona fide academic reasons and shall apply only to

Programs, or Faculties, not to individuals within a Program, or Faculty.

9.4 A Program redundancy exists when, in the opinion of the Program Redundancy Committee, a

Program does not meet acceptable academic standards, or does not contribute in a significant way

to the mission of the University, or does not have, or is not projected to have, within the next three

(3) academic years, an enrolment sufficient to justify maintaining the Program. The membership of

the Program Redundancy Committee shall consist of all voting members of the Senate Committee

on Academic Affairs (SCAAF) who are not in a conflict of interest or, in the case of Members, not in

a conflict of interest as per Article 5. In addition, the composition of the Program Redundancy

Committee shall not fall below fifty percent (50%) Teaching Members.

9.5 The Program Redundancy Committee will examine whether or not a given Program is redundant

only when asked to do so by the written request of the President or by a Senate resolution

supported by a majority of members of the Senate. Copies of the written request of the President

or Senate resolution will be provided to the Association and the responsible Dean. The Program

Redundancy Committee shall report within thirty (30) days, and shall answer the following

questions:

(a) Does the Program in question meet an acceptable academic standard?

(b) Does the Program contribute in a significant way to the mission of the University according

to the current strategic academic plan?

(c) Does the Program have a projected enrolment sufficient to justify maintaining the

Program?

9.6 The Program Redundancy Committee shall consider the request of the President under Article 9.5

or the Senate by resolution under Article 9.5. The Parties agree that the Program Redundancy

Committee shall provide all interested persons or groups with a full opportunity to make

submissions to the Program Redundancy Committee and within five (5) days of being constituted

will give notice of the manner in which persons and groups may make submissions to the Program

Redundancy Committee.

9.7 If the answer to any of the questions in Article 9.5 is negative, the report must ascertain whether,

within the resources being made available to the Program, the answer will be positive within three

(3) academic years. If the answer is projected to be negative for three (3) academic years, the

Program Redundancy Committee is deemed to have made a finding of Program redundancy, in

which case the report is forwarded through the Senate Committee on Academic Affairs to Senate.

After due consideration, Senate will forward its recommendations and a copy of the Program

Redundancy Committee report to the Board of Governors.

9.8 The Board of Governors, on receipt of the report of the Program Redundancy Committee and the

recommendations from Senate, shall give the Association and the Dean of the Faculty concerned

twenty (20) days to comment on the findings. The Board shall then give due consideration to the

Program Redundancy Committee report, the Senate recommendations, the views of the

Association and the views of the responsible Dean.

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Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 24

9.9

9.10

9.11

9.12

If

the

Board

of

Governors

then

declares

that

a

Program

redundancy

exists,

the

Provost

shall

consult

with

affected

Members

about

their

potential

reassignment.

The

Provost

shall

make

all

reasonable efforts to reassign an affected Member to any cognate Programs for which

their

fields of

expertise

are

a

reasonable

fit.

The

seniority

provisions

of

Articles

10.17,

10.18

and

10.18.1

shall

prevail in deciding which Members shall be reassigned, when several Members are deemed by the

Provost to have

expertise which could fit

that of

cognate

programs. Members may be reassigned to

available

administrative

positions

for

which

they

are

qualified

provided

that

this

does

not

violate

contractual agreements in force, or hiring policies and practices pertaining to such positions at the

time of

ratification

of this Agreement.

The efforts

of the Provost to reassign Members

from redundant Programs shall

include reasonable

offers

of

retraining

where

it

is

probable

that

such

training

will

enable

a

Member

who

is

partially

qualified to become qualified

for

the reassigned position. The Employer

is

not obligated

to spend

more on retraining and salary

during

the training of a Member than the Board would spend on that

Member in the event

of laying the Member off, with appropriate notice and

severance.

Where

a

Member

accepts

a

reassignment

or

a

transfer

pursuant

to

a

declaration

of

Program

redundancy, all

employment rights and

privileges of the position

last held that are appropriate

to the

reassigned position

shall be transferred with the Member. Examples of such rights and privileges

are: seniority, rank, eligibility for promotion and, where appropriate, Tenure, benefits, nominal salary

and eligibility for salary and/or grid steps, sabbatical eligibility and credits, portion of time available

to do research and access to previously held research facilities and opportunities, and eligibility for

participation in collegial decision making.

If a Member declines

an offer of reassignment under Article

9.9 or if no reassignment is offered, the

Member shall be laid off, in which

case the lay-off provisions contained in Article 10.2 shall

apply,

except the maximum severance pay shall be

six (6) months more than in the case of lay-off due to

financial exigency. Any laid-off Member

shall have

recall rights, applicable to all

cognate Programs,

as contained in Articles

10.21 and 10.22.

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July 1, 2023 – June 30, 2025 25

ARTICLE 10: FINANCIAL EXIGENCY

10.1 No Member shall be terminated, dismissed or otherwise penalized with respect to terms and

conditions of employment and/or rights or privileges relating to employment for financial reasons

except in accordance with this Article.

10.2 Members may be laid off in accordance with this Article if a state of financial exigency has been

declared by the Board of Governors according to the procedures contained in this Article. A state

of financial exigency is defined, for purposes of this Article, as a situation in which the Employer

projects substantial and continuing financial deficits which threaten the continued operation of the

University and which are projected by consistently applied generally accepted accounting principles

to persist for at least three (3) years into the future.

10.3 If the President considers that projected deficits are sufficiently severe that a state of financial

exigency may exist, the President shall give written notice of their opinion to the Board of

Governors, the Senate and the Association. From the date on which such notice is given, no new

appointments will be made within the University until either the Board of Governors decides not to

declare a state of financial exigency or until the lay-offs contemplated under this Article have been

completed. Notwithstanding the foregoing, the Parties agree that Tenure-track and Probationary

appointments may be renewed during a period in which lay-offs are being implemented.

10.4 Within ten (10) days of giving notice that the President considers a state of financial exigency

exists, the Board of Governors shall forward to the Association all documentation relevant to the

proposed state of financial exigency. The Board of Governors shall provide documentation

sufficient to permit the Association to evaluate, using consistently applied generally accepted

accounting principles, whether the University faces substantial and continuing financial deficits

which threaten the continued operation of the University.

10.5 Within fifteen (15) days of receiving the Notice specified in Article 10.3 above, the Board of

Governors shall establish a Financial Commission (FC) which shall be a committee of the Board

and which shall review the financial documentation provided to the Association pursuant to Article

10.4. The FC shall report to the Board of Governors whether or not a state of financial exigency

exists.

10.6 The FC shall consist of five (5) members, two (2) of whom shall be appointed by the Board of

Governors, and two (2) of whom shall be appointed by the Association. A chair, who shall be a

Faculty Member representative to the Board of Governors, shall be selected by the other four (4)

members of the Commission. In the event that the members of the FC cannot agree on a chair, the

chair shall be named by the Board of Governors from amongst the Faculty Member representatives

to the Board of Governors. No member of the FC shall be a government official.

10.7 The Employer shall co-operate with the FC in its deliberations and shall provide all reasonable

documentation necessary to establish to the satisfaction of the FC whether or not a state of

financial exigency exists within the meaning of this Article.

10.8 The FC shall establish its own procedures.

10.9 The FC shall invite and consider submissions on the University's financial position. It shall

consider:

(a) whether the University's financial position involves a projected net operating deficit which,

by consistently applied generally accepted accounting principles, is expected to continue

for at least three (3) years and to constitute a problem sufficiently grave that the

University's continued operation could be endangered unless the budgetary allocation for

salaries and benefits of Members is reduced;

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(b) whether the reduction of the number of Members and/or the reduction in the salaries and

benefits of Members is a reasonable way to affect a cost saving given the mission of the

University as outlined in the current strategic academic plan;

(c) whether other means of achieving savings have been explored and utilized;

(d) whether every reasonable effort has been made to secure further assistance from the

Government of British Columbia and to improve the University's revenue position by other

means;

(e) whether the enrolment projections are consistent with the intended reduction in the

complement of Members;

(f) whether all other means of reducing the complement of Members including voluntary early

retirement, voluntary resignation, voluntary transfer to reduced workload status, and

redeployment have been considered and utilized; and

(g) any other matters that the FC considers to be relevant.

10.9.1 The FC shall answer each of (a) to (f) above, as well as any other specific questions that arise

under (g), to the Board of Governors.

10.10 The FC shall make its report to the Board of Governors within two (2) months of its appointment. If

the FC finds that a state of financial exigency exists, it shall recommend the amount of reduction in

expenditure that is required to maintain the University's operation at a viable level. The FC shall

also recommend the proportion of that reduction that will be achieved:

(a) by laying off Members; or

(b) by other means of reduction in expenditures on Members' salaries and benefits.

10.10.1 If the FC has not reported within the time limit set out in Article 10.10(a), the Board of Governors

may declare that a financial exigency exists, but if the Board of Governors does so it must set out

clearly and comprehensively the basis for its declaration.

10.11 The Board of Governors shall provide a copy of the FC's report to the Association within five (5)

days of receipt. If the FC's report finds that a state of financial exigency exists, the Association

shall invite Members to recommend proposals for the use of voluntary measures to bring about

savings in the expenditure for Members' salaries and benefits.

10.12 If the FC finds that a state of financial exigency exists, a period of thirty (30) days shall elapse

before the Employer initiates the procedures for laying off Members. During that period, the Parties

shall meet and consider the recommendations of the FC. Notwithstanding anything in this

Agreement, the Parties may renegotiate the provisions of this Agreement relating to salaries and

benefits or agree to other methods of reducing the University's expenditure on salaries and benefits

so as to reduce or avoid lay-off of Members.

10.13 If, pursuant to Article 10.12, the Parties fail to reach agreement on measures to reduce the

Employer's expenditure on Members' salaries and benefits within thirty (30) days of the FC's report,

the Employer may reduce its budgetary allocation for Members' salaries and benefits in accordance

with the procedures set out below. Reductions in Members' salaries and benefits shall not exceed

the amount of the reductions specified by the FC pursuant to Article 10.10(a).

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10.14 If the FC found by a vote of at least four (4) to one (1) that no state of financial exigency exists, the

Board of Governors shall be precluded from laying off Members for six (6) months from the date of

the FC's report. Notwithstanding a vote by the FC against a finding that a state of financial

exigency exists, the Board of Governors on the recommendation of the President may declare that

a state of financial exigency exists provided:

(a) the Board of Governors states clearly the basis on which it has declared a state of financial

exigency exists and the basis on which it disagrees with the FC; and

(b) the period of notice provided to a Member of their lay-off shall be six (6) months greater

than the notice provided for in Article 10.20.

10.15 If the Board of Governors declares that a state of financial exigency exists in the University, it may

institute lay-offs of Members of the Association by declaring the total reduction in expenditure on

Members' salaries and benefits which is required.

10.16 Notwithstanding Article 10.15 above:

(a) the reduction of the salary mass of Members shall not be a greater proportion of that salary

mass than the total reduction in salary mass is of the total salary mass of the University;

and

(b) the President may only recommend to the Board of Governors after consulting with Senate

to ensure, as far as possible, the continued viability of the University's Academic

Programs.

10.17 Seniority shall be established by the date upon which a Member's continuous employment with the

University commenced. Seniority shall not be affected by leaves taken in accordance with this

Agreement or leaves taken under any previous terms and conditions of employment experienced

by the Member at the University.

10.18 Members who are to be laid off under this Article shall be provided with written notice of the

reasons for the lay-off. Lay-offs under this Article shall not be treated or recorded as dismissals for

cause. Members shall be laid off in the following order:

(a) Members who are on Term appointments with more than twelve (12) months remaining in

their contracts;

(b) Members holding Probationary or Tenure-track appointments; and

(c) Members holding Continuing or Tenured appointments.

10.18.1 Within each of the above categories of appointment, lay-offs shall occur in reverse order of

seniority, except where the continued viability of a Program requires the retention of the services of

a Member who would otherwise be laid off. If two (2) or more Members have equal seniority, the

order of their seniority will be decided by lot.

10.19 After the selection of the Members who are to be laid off, but before implementation of such lay-

offs, the Employer shall make every reasonable effort to place the said Members in vacant

positions elsewhere in the University, including available administrative positions without violating

contractual agreements in force, nor hiring policies and practices in place at the time of ratification

of this Agreement that pertain to such administrative positions. Any transfer to another academic

unit or sub-unit requires the Member's consent and is subject to the provisions of Articles 9.9 and

9.10 of this Agreement. Individuals who accept such alternative appointments shall be given a

reasonable opportunity to retrain for their new duties. A Member appointed to an administrative

position shall be on terms and conditions satisfactory to the Member and the Employer, and the

Member shall retain recall rights pursuant to Articles 10.21, 10.22 and 10.23.

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10.20 (a) For each Member who is serving or has contracted to serve on a Term Appointment who is

selected for lay-off, the Employer shall provide not less than six (6) months and not more

than twelve (12) months written notice of the date of lay-off. Lay-offs shall occur on either

December 31 or June 30. Alternatively, the Employer may notify the Member that it will

honour all existing contractual obligations to the Member but that the Member will not be

re-appointed.

(b) For each Member who is serving or has contracted to serve in a Tenure-track,

Probationary, Continuing, or Tenured Appointment who is selected for lay-off, the

Employer shall provide:

(i) twelve (12) months notice in writing of the date of lay-off; and

(ii) one (1) month's salary for each year of service in the University which shall be no

less than six (6) months’ salary for Members with Continuing or Tenured

appointments to a maximum of eighteen (18) months.

10.20.1 Any payment by the Employer pursuant to this Article shall be based on the Member's annual

nominal salary at the date of lay-off.

10.21 Members who are laid off, or who voluntarily accept reduced workload appointments, or who are

transferred to a position outside of their original academic unit or sub-unit shall have, for a period of

two (2) years from the date of lay-off, a right of first refusal for any vacant appointment in their

former academic unit or sub-unit for which they are qualified. The Employer shall give notice to the

Member about the vacancy. To permit the Employer to give such notice, the Member shall inform

the Employer of their current address. In addition, a Member who is laid off shall have a right of

first refusal for any other available position in the University for which they are qualified, providing

the appointment does not violate contractual agreements in force, or hiring policies and practices in

place at the time of ratification of this Agreement that pertain to such positions.

10.22 Members who are recalled pursuant to Article 10.21 shall have up to one (1) month following

receipt of notice to accept such offer of recall and a reasonable period, not to exceed twelve (12)

months, to terminate their existing employment and take up the offered position. Failure to accept

recall is deemed to be a resignation. Members on lay-off who are subsequently recalled shall

repay any portion of the allowance received pursuant to Article 10.20 which exceeds the salary

they would have received had they continued to occupy their previous appointments in the

University. Each Member who is recalled to an appointment or position which is not within their

original academic unit or sub-unit retains the right of first refusal for any vacancy in their original

academic unit or sub-unit for a period of three (3) years from the date on which they were first

recalled to a vacant position or appointment at the University.

10.23 Members who are laid off shall enjoy reasonable access to University facilities, including office and

laboratory space, when available, and to library and computer services. This access shall remain

available until alternative academic employment is secured or the Member's recall rights expire or

the Member refuses a recall, whichever occurs first. The Parties agree that employees and

graduate students of the University have first call on the use of the University's facilities.

10.24 While a Member is on lay-off under the provisions of this Article, the University will not contribute

towards the Member's benefits plan. However, at the Member's request, the University shall

provide reasonable administrative assistance to a Member who wishes to continue their available

coverage under the University's benefits plans. If the Member continues coverage in these

circumstances, the Member will pay all applicable premiums and contributions.

10.25 The Employer shall bear the cost of the FC.

10.26 Wherever this Article provides that the Employer shall give notice of lay-off to a Member, the

Employer may provide salary plus continuance on the University's pension and benefits for the

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equivalent period of notice, (with the exception of Long Term Disability), instead of notice or, a

combination of notice and salary plus continuance on the University's pension and benefits for the

equivalent period of notice, (with the exception of Long Term Disability), instead of notice to the

Member.

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ARTICLE 11: NON-DISCRIMINATION, ACCOMMODATION AND EMPLOYMENT EQUITY

11.1 Non-discrimination

11.1.1 Except as otherwise provided in this Agreement, or by statute, the Parties agree that there shall be

no discrimination, interference, restriction or coercion exercised or practised with respect to any

Member in regard to any terms or conditions of employment, by reason of Indigenous identity, age,

race, language, creed, colour, ancestry, place of origin, political or religious affiliation or belief,

gender identity or expression, sex, sexual orientation, marital status, family status, physical or

mental disability/illness, conviction of a criminal or summary conviction offence that is unrelated to

the employment or to the intended employment of that person, place of residence (except where

the place of residence would clearly prevent the carrying out of the required duties); membership or

activity in the Association; and social and personal lifestyle.

11.1.2 This Article shall not preclude any employment equity or pay equity measures mandated by law or

agreed to by the Parties.

11.1.3 Factors which differentiate on the grounds of membership in any of the designated groups shall not

be used to justify any salary differential among Members.

11.2 Accommodation

11.2.1 The Employer has a legal duty to provide accommodation to Members with regard to matters that

are governed by the British Columbia Human Rights Code unless it would cause undue hardship to

the University to do so.

11.2.2 The Employer will accommodate the religious beliefs of Members by allowing them to reschedule

scheduled duties when such duties conflict with religious observances.

11.3 Employment Equity

11.3.1 In accordance with the Employer’s general commitment to non-discrimination, as contained in

Article 11.1 and to the principles of employment equity, the Parties recognize that particular

measures are required to promote equity in the employment of historically disadvantaged groups

including women, visible minorities, people with disabilities, and aboriginal peoples, hereinafter

referred to as “the designated groups.” The Parties are committed to the identification and removal

of artificial barriers to the selection, hiring, promotion and training of persons in the designated

groups, and are committed to providing a positive working climate for all members of the University

community, including members of the designated groups.

11.3.2 The Employer shall develop, maintain and regularly review employment equity plans, policies,

practices, and systems to foster the hiring, retention, and promotion of designated groups and to

ensure non-discrimination.

11.3.3 The parties agree on the following measures:

(a) To achieve an equitable balance within Programs, under-representation shall be deemed

to exist when:

(i) Faculty Members and/or Senior Instructors and/or Senior Laboratory Instructors of

a designated group constitute a smaller proportion of the membership of a

Program than exists in the pool of recent graduates (as reported by Statistics

Canada) for the graduate degree normally required for an appointment at the

University in their discipline.

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(ii) Librarian Members of a designated group constitute a smaller proportion of the

membership than exists in the pool of recent graduates (as reported by Statistics

Canada) in graduate degree programs of librarianship in Canada.

(b) Where there are no female or self-identified applicants for a position by members of

designated groups under the employment equity legislation, or where the hiring committee

or its equivalent recommends a short-list for interview which does not include a female or

self-identified candidate from a designated group or groups, the responsible Dean or

University Librarian shall review the selection process and the recommendation of the

hiring committee and may, in their sole discretion, decide to continue with the existing

short-list or to extend the competition deadline, or to undertake additional advertising, or to

take other measures to widen the applicant pool;

(c) The best-qualified person shall always be recommended for appointment. However, where

the qualifications of the leading candidates for appointment are substantially equal, and

one (1) or more is from a designated group or groups for which under-representation has

been found to exist, the most qualified candidate from an under-represented group shall be

deemed the best qualified and shall be recommended for appointment; and

11.4 Employment Equity Information

11.4.1 To assist with appointment procedures, by July 1 of each academic year, Faculty Relations shall

provide the Deans, the University Librarian, and the Program Chairs or equivalents with the

following information for each Program:

(a) the number of searches for Member positions in the previous year; for each search, where

known, the numbers of female and male applicants, the numbers of female and male

applicants with doctorates, and the gender of the appointee, and where possible the number of

self-identified applicants and appointees of other designated groups;

(b) the composition by gender of the Members in each academic unit and sub-unit by rank and

status of appointment, and where possible, the number of self-identified members or other

designated groups;

(c) the percentages of women and men, by discipline, and where possible, the number of self-

identified members of other designated groups in doctoral degree programs in Canada and in

graduate degree programs in librarianship in Canada;

(d) the percentages of doctoral degrees, by discipline, and graduate degrees in library science

awarded in Canada to woman and men, and where possible, the number of self-identified

members of other designated groups; and

(e) a statement as to whether the Program is subject to the definition(s) of under-representation

provided for in this Article.

11.4.2 Faculty Relations shall also provide the Association with copies of this information.

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SECTION C

APPOINTMENTS

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ARTICLE 12: GENERAL APPOINTMENT PROCEDURES

12.1 The Parties agree that the long-term health of UNBC requires a critical mass of continuing Faculty

Members, Librarian Members, Senior Instructors, and Senior Laboratory Instructors engaged in

teaching and research at all UNBC campuses.

12.2 The Parties agree that high teaching standards are of fundamental importance. Accordingly, the

Employer agrees that only Members shall teach courses approved by the University Senate for

University credit except for:

(a) academic administrators appointed pursuant to Article 18;

(b) persons employed by another institution with which the University has in place an

agreement duly ratified by Senate that provides for the sharing of teaching resources and

personnel in order to provide special educational opportunities otherwise unavailable to

UNBC students.

12.3 All appointments and appointment procedures shall be made in accordance with the provisions of

Article 2 (Academic Freedom), and Article 11 (Non-Discrimination, Accommodation, and

Employment Equity).

12.3.1 Chairs of all ASCs (Article 12.6), LASCs (Article 12.7), and RCASCs (Article 12.8) will familiarize

committee members with Articles 2 and 11.

12.3.2 The Employer will provide all members of ASCs, LASCs, and RCASCs with employment equity

workshops.

12.3.3 Commencing July 1 2019, all members of ASCs, LASCs, and RCASCs shall be required to attend

an employment equity workshop as provided for in 12.3.2.

12.4 All categories of initial appointment shall be made by the Employer, which shall consider

recommendations from the Dean, Program Chair and Appointment Selection Committee, University

Librarian Members’ and Librarian Appointment Selection Committee as per Articles 12.6, 12.7,

13.11, 13.12, 15.4, 15.5, 16.5, 16.6, 16A.5, 16A.6, and 72.4. In case of the Dean, Program Chair

or University Librarian who is also the chair of the ASC or LASC, the recommendation made under

Articles 13.11.8, 15.5.6, 16.6.7 or 16A.6.7 will go directly to the Provost.

12.4.1 The Parties recognize that all applicants shall be given due and fair consideration for any vacant

position under the terms of the Agreement. This consideration includes timely communication

during and following the recruitment process.

12.4.1.1 Any Member who applies for a position governed by the Collective Agreement shall be informed by

the Chair of the Appointment Selection Committee if they have not been hired for a position,

including the reasons why they have not been hired. This notification shall be given immediately

after the hiring is complete.

12.4.2 Consistent with the criteria listed in the position advertisement and with employment equity

principles, applicants are selected on the grounds of excellence, as appropriate to the position, in

teaching; scholarship; professional practice; and/or service to the academic profession, to the

University, and/or the community. Deliberations of selection committees shall be conducted on

sound academic and professional grounds.

12.4.3 The selection process must ensure that each candidate is assessed for the requirements of the

position stated in the advertisement. All efforts must be made to ensure equitable treatment of all

candidates.

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12.5 This Article does not address unremunerated appointments such as honorary or adjunct

appointments.

12.6 Appointment Selection Committee for Academic Programs

12.6.1 By September 30 of each academic year, each Program shall elect an Appointment Selection

Committee (ASC) and the Program Chair will recommend the membership to the Dean for

approval. The ASC shall:

(a) assess and recommend applicants for any Program Faculty appointments as per Article

13.11;

(b) assess and recommend applicants for any Senior Laboratory Instructor or Senior

Instructor appointments as per Articles 16.6 and 16A.6; and

(c) assess and recommend applicants for Program Chair appointments as per Articles 72.4

and 72.5.

12.6.1.1 Notwithstanding 12.6.1, an existing ASC shall continue beyond September 30 in respect of any

searches that have commended before appointment of the new Committee.

12.6.2 The size of the Committee, quorum, and method of election shall be determined by each Program,

provided that:

(a) all Faculty Members of the ASC shall be Members holding Tenure-track or Tenured

appointments;

(b) Senior Instructor or Senior Laboratory Instructor Members of the ASC shall be members

with Continuing appointments;

(c) the ASC shall consist of at least two (2) members of the Program, the Chair of the Program

(or designate), and at least one (1) Faculty Member from another Program;

(d) the Program Chair (or designate) shall chair the ASC;

(e) in the event that an elected Member is unable to carry out required ASC responsibilities, or

has a declared conflict of interest, the Program shall meet to elect a replacement for the

remainder of the term of the office;

(f) programs with fewer than the required available and eligible Members shall choose

members from the larger academic unit to serve on the Committee;

(g) for Senior Instructor or Senior Laboratory Instructor appointments where the appointment

is affiliated with a Program, the ASC shall have at least two (2) Senior Instructors or Senior

Laboratory Instructors as appropriate to the appointment, selected by the other Program

ASC members, one (1) of whom has held a Continuing appointment for at least five (5)

years; and

(h) students and members of the community at large (e.g. members of professional

associations) may be members of the ASC as deemed by the Program.

12.6.2.1 For Senior Laboratory Instructor appointments where the appointment is not affiliated with a

Program, the composition of the ASC shall be:

(a) the Supervisor of the Senior Laboratory Instructor appointment who shall chair the ASC;

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(b) two (2) Senior Laboratory Instructors holding Continuing appointments elected from and by

the Senior Laboratory Instructors; and

(c) at least two (2) Faculty Members holding Tenure-track or Tenured appointments who are

affiliated with the Senior Laboratory Instructor appointment and selected jointly by the

Chair and other two (2) Senior Laboratory Instructor Members.

12.6.3 The ASC shall, in fulfilling its responsibilities pursuant to Articles 13, and 72, assess and

recommend applicants for appointment as determined in Article 12.6.2.

12.6.4 The composition of the ASC shall be as determined in Article 12.6.2. All members of the ASC shall

vote. All voting shall be by secret ballot. The ASC shall follow the most recent edition

of Roberts Rules of Order. All deliberations of the ASC shall remain confidential.

12.7 Librarian Members’ Appointment Selection Committee

12.7.1 The Librarian Members Appointment Selection Committee (LASC) shall assess and recommend

Librarian and Archivist applicants for Probationary, Continuing and Limited Term appointments.

12.7.2 The LASC shall be composed of:

(a) the chair who is the University Librarian (or designate),

(b) two (2) Librarian Members holding Continuing or Probationary appointments elected from

and by the Librarian Members for a period of one (1) year; and

(c) two (2) Members, selected on an ad hoc basis by unanimous agreement of the Chair and

the two (2) elected Librarian Members of the LASC. At least one (1) of the two (2) ad hoc

LASC Members shall be a Member who is not a Librarian Member.

(d) Where the LASC is seeking to appoint a prospective Librarian Member with inter-

institutional responsibilities, such as the Northern Health Sciences Librarian, and where

there is a person at one of the other institutions with the qualifications specified in Article

15.1.2, the LASC may appoint this person as an additional ad hoc member.

12.7.3 All members of the LASC shall vote. All voting shall be by secret ballot. Quorum shall consist of the

chair plus two (2). The LASC shall follow the most recent edition of Roberts Rules of Order.

12.7.4 Librarian Member elections for the two (2) Librarian Members in 12.7.2(b) shall occur in September

of each year and the University Librarian will recommend the membership to the Provost for

approval by September 30. If the LASC is in the process of an appointment, elections may be

deferred until the competition is concluded.

12.7.5 The LASC shall adhere to the procedures set out in this Agreement. In matters not set out in this

Agreement, the LASC shall determine its own procedures.

12.8 Research Chairs Appointment Selection Committee

12.8.1 The Research Chairs Appointment Selection Committee (RCASC) acts in a similar capacity as the

ASC for special research chair appointments (or equivalent) which potentially have university-wide

research leadership implications. The RCASC shall follow the appointment procedures consistent

with Article 13.

12.8.2 The RCASC will advise on the appointment of special research chairs (or equivalent). This

Committee is chaired by the Vice-President Research and the composition of the RCASC will

include up to five (5) Faculty Members appointed by the relevant Dean(s) of the Faculty to which

the special research chair appointment (or equivalent) will be affiliated. If the appointment is

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designated to a particular Faculty the majority of Faculty Members will be from the Faculty to which

the appointment will be made, and one from another Faculty. If the appointment is not designated

to a particular Faculty, there shall be an equal number of Faculty Members from each Faculty. The

Vice-Provost Medicine, the Dean(s) of the Faculty to which the appointment may be affiliated, and

the Program Chair(s) to which the appointment will be affiliated, will also serve on the RCASC. The

RCASC may include other members as the RCASC deems appropriate.

12.8.3 Candidates for the special research chair appointment (or equivalent) will be sought through an

appropriate combination of public advertisements, search consultants, targeted recruitment, and

the use of professional networks.

12.8.4 The RCASC chair, or designate, will solicit and provide to the RCASC for review external

references, and other documents as deemed appropriate and relevant by the RCASC. The

RCASC will conduct interviews, arrange for meeting opportunities between candidates and cognate

academic programs, and arrange for public presentations of the short-listed candidates.

12.8.4.1 The Parties recognize that all applicants shall be given due and fair consideration for any vacant

position under the terms of the Agreement. This consideration includes timely communication

during and following the recruitment process.

12.8.5 The RCASC will endeavour to reach consensus on its recommendation of a candidate, but in the

event that no consensus is reached, a simple majority vote will be used to determine the

recommended candidate.

12.8.6 The appropriate Faculty Dean(s) will negotiate the terms of the appointment with the recommended

candidate and forward a written recommendation to the Provost. If approved, the Provost will

forward a written recommendation to the President who will decide whether to accept the

recommendation and forward to the Board of Governors for approval, or deny the recommendation.

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ARTICLE 13: APPOINTMENT OF FACULTY

13.1 All appointments of Faculty Members shall be made under the conditions of Article 12.

13.2 All appointments of Faculty Members shall be to one (1) of the following ranks: Lecturer, Assistant

Professor, Associate Professor, or Professor.

13.3 All appointments of Faculty Members shall be to one (1) of the following categories: Tenure-track or

Tenured.

13.4 The purposes and special features of Term Teaching Member appointments are set out in

Article 14, and for Senior Laboratory Instructor and Senior Instructor appointments in Article 16.

13.5 Appointment to a rank, Tenure or Tenure-track, and placement on the salary compensation

structure shall reflect the appointee's experience and level of achievement. This shall be negotiated

with the Dean, and the agreed upon recognition shall be stated in a letter of appointment as in

Article 13.12.1.

13.6 The sequence of Tenure-track appointments and the rules governing them are set out in Article 22.

13.7 Initial appointments with Tenure are governed by Article 13.11.8.2.

13.8 This Article does not address unremunerated appointments such as honorary or adjunct

appointments.

13.9 Categories of Appointment

13.9.1 Shared Appointment

13.9.1.1 A shared appointment is an appointment shared by two (2) Members.

13.9.1.2 Where sound academic reasons exist for so doing, a Member may request a shared appointment

with another Member. Before a Member agrees to a shared appointment, they shall meet with the

Dean who shall reach an understanding on how the Members' work is to be shared between the

Members who share the appointment, and how the procedures used in assessing the Member for

subsequent or Tenured appointment, grid step, and promotion are to be applied. After consultation

with the Program Chair(s) and the Dean(s), the Member(s) shall submit the application for the

shared appointment to the Dean(s) who will make a recommendation to the Provost. The Provost

shall have the final authority for making the appointment. A Member shall not receive a shared

appointment without their consent in writing.

13.9.1.3 The terms and conditions of the shared appointment shall be contained in an agreement in writing

signed by the two (2) Members and the Provost. Within five (5) days of its signing the Provost shall

send a copy of the agreement to the Association.

13.9.2 Cross-appointment

13.9.2.1 Where sound academic reasons exist for so doing, a Member may receive as an initial or

subsequent appointment a cross-appointment in two (2) or more academic units or sub-units within

the University. A Member shall not receive a cross-appointment without their consent in writing.

13.9.2.2 Before a Member agrees to a cross-appointment, they shall meet with the Dean(s), and there shall

be an agreement on how the Member's work is to be shared between the academic units

concerned, which academic unit is to have primary responsibility for the Member in administrative

and academic matters, and the procedures to be used in assessing the Member for renewal of

appointment, or Tenured appointment and promotion. The Member shall retain residual rights in

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one of the academic units to which they would return on a full-time basis should academic needs

change.

13.9.2.3 The terms and conditions of the cross-appointment shall be in writing signed by the Member and

the Provost, who shall have the final authority for making the appointment. Within five (5) days of

its signing the Provost shall send a copy of the agreement to the Association.

13.10 Appointment Selection Committee

The appropriate Program(s) Appointment Selection Committee (ASC) as constituted in Article 12

shall assess applicants and recommend a suitable candidate for a faculty position.

13.11 Recommending Appointments

13.11.1 For Program appointments, the Appointment Selection Committee (ASC), as constituted in Article

12, shall recommend to the Dean the academic qualifications and the experience required for the

appointment and after having considered the ASC's recommendation the Dean shall authorize a

search for a person to fill the appointment, and the Program Chair shall initiate the search in

accordance with the terms of this Agreement and University policies and procedures. An approved

Program appointment vacancy may be advertised, “subject to budgetary approval” with the consent

of the Provost.

13.11.2 Normally, all positions other than Visiting positions and positions renewed pursuant to Article 14.11,

will be advertised. Positions renewed pursuant to Article 14.11 shall not be advertised. Part-time

positions will be posted on the official University website except where appointments must be made

urgently for sound academic reasons. Deans may waive posting, with the reasons communicated

to the Provost and to the Association.

13.11.3 Other types of Term appointments shall be advertised, except that, where a qualified candidate is

currently in the employ of the University, or where appointments must be made urgently for sound

academic reasons, Deans may waive advertising, with the reasons communicated to the Provost

and the Association.

13.11.4 Only the President may waive the requirement to advertise a Tenure-track or Tenured

appointment, and only in exceptional circumstances where to advertise would be clearly contrary to

the interests of the University. In this event, the reasons shall be communicated to the Association

before the appointment is made by the Board of Governors.

13.11.5 Faculty appointments described in Article 13.11.2 shall be advertised widely by the University in

appropriate publications which shall include University Affairs and the CAUT Bulletin, and other

relevant sites as practicable. Considering the goals of achieving diverse pools of candidates, and

equity and diversity in hiring, the positions shall, as practicable, be advertised in other relevant

publications, fora, and conferences, including those serving equity deserving and under-

represented groups.

13.11.6 Applications for appointments which have been advertised shall be reviewed by the appropriate

ASC which shall make a short list recommendation to the Dean for approval prior to conducting

interviews.

13.11.7 In assessing candidates, the ASC shall give consideration to the nature of the duties to be

performed (as advertised), to the character and quality of the degrees held, to the record of

teaching, research, and other scholarly, creative or professional work of each candidate. The

assessment shall be made objectively on sound academic and other relevant grounds including

equity provisions.

13.11.8 The Program Chair shall recommend to the Dean the name of a single candidate, or a rank-

ordered short list, approved by majority vote of all the ASC following consultation with the Program

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together with their own recommendation. The recommendation shall be informed by consideration

of 13.11.7 and 13.11.8.1.

13.11.8.1 At the time of making a recommendation to the responsible Dean or University Librarian, the hiring

committee or its equivalent shall make a report on the search process which includes:

(i) the total number of female or self-identified applicants and the number with a doctoral or

equivalent qualification, the number of male and female applicants, where known, and the

number of each gender with a doctoral or equivalent qualification, and, where known, the

same information for applicants from the other designated groups; and

(ii) a rank-ordered short-list which formally presents the qualifications of each candidate and

the reasons for the ranking.

(iii) the responsible Dean or University Librarian shall review this report prior to recommending

any formal offer of appointment.

13.11.8.2 An appointment with Tenure may be a Faculty Member’s initial appointment. In such cases, the

ASC of the appropriate Program will make a recommendation to the Dean, who in turn will make a

recommendation to the Provost. The President’s recommendation to the Board of Governors shall

be based on this information.

13.11.9 When a recommendation for a Term appointment needs to be made for urgent reasons and a

sufficient number of members is not available to constitute an ASC, the Program Chair in

consultation with available Faculty Members may make the recommendation to the Dean.

13.11.10 Upon receipt of the recommendation made pursuant to Article 13.11.8, the Dean shall forward their

own recommendation along with recommendation of the ASC to the Provost who shall forward

these recommendations and their own recommendation to the President, who shall decide on the

appointment and make the appropriate recommendation to the Board of Governors.

13.12 Letter of Appointment

13.12.1 The successful candidate shall receive a letter of appointment in duplicate from the President (or

designate) specifying the terms of employment, including:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

the

Faculty

in

which

the

appointment

is

made

and

the

Program(s)

with

which

the

appointment is

affiliated, and primary campus of responsibility;

rank of appointment;

type

of

appointment,

and

if

shared,

the

agreement

reached

with

the

Dean

per

Article

13.9.1.2;

base

salary, and

where

applicable actual salary;

amount,

start

and

end

dates

of

any

additional

stipend(s)

given

to

the

Member

where

applicable;

date on which the

appointment

commences;

appropriate

grid step

placement

in accordance with Article 13.5

and Article 48;

duration of

appointment period, where applicable;

details of the amount and conditions applying to any start

up

funds provided;

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(j) other terms and conditions of the appointment as have been agreed upon by the candidate

and the Employer provided they are not inconsistent with the terms of this Agreement; and

(k) a statement that the appointment is subject to the terms of the current Agreement which is

renegotiated from time to time.

13.12.2 A link to this Agreement and a letter from the Association which invites the candidate to contact the

Association prior to accepting the Employer’s offer shall be included with the letter of appointment.

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ARTICLE 14: TERM APPOINTMENTS OF TEACHING MEMBERS (EXCLUDING SENIOR LABORATORY

INSTRUCTORS, SENIOR INSTRUCTORS)

14.1 All appointments of Term Teaching Members, except for SLIs and SIs per Article 16, shall be made

per the conditions of Article 12 and 13 as applicable.

14.2 Term appointments are of three (3) types: Regular Term; Instructor; and Sessional (Part-time)

Instructor.

14.2.1 Regular Term Appointment:

Regular Term Members are full-time term appointments at the rank of Lecturer, Assistant

Professor, Associate Professor, or Professor.

14.2.1.1 The duties of Regular Term Members normally include teaching, scholarly activity and service, as

described by Article 29 and agreement reached as described in the letter of appointment.

14.2.1.2 The teaching workload for Regular Term Members shall be determined as in Article 30.

14.2.2 Instructor:

Instructor Members are full-time teaching-only term appointments at the rank of Instructor I,

Instructor II, Instructor III or Instructor IV. Initial appointment shall be at the rank of Instructor I or, if

the Member has the equivalent of at least one (1) year of previous experience in full-time university

teaching, at the rank of Instructor II.

14.2.2.1 Instructors are remunerated based on:

(a) assigned SCH rates as per Article 48; and

(b) eight (8%) percent vacation pay.

14.2.2.2 If a Member has held an Instructor position for (1) year and has performed satisfactorily and is

reappointed, they will be appointed at the next level.

14.2.2.3 Appointment of Instructor Members shall be made through one of the following:

(a) conversion from a Sessional Instructor as per Article 14.2.3.2;

(b) posting the position to the Sessional Roster as per Article 14.25.2; or

(c) advertising the position as per Article 13.11.2 and 13.11.3.

14.2.3 Sessional (Part-time) Instructor:

Sessional Instructors are part-time teaching-only term appointments for the duration of a specific

course.

14.2.3.1 Sessional Instructors are remunerated based on:

(a) assigned SCH rates as per Article 48; and

(b) four (4%) percent vacation pay.

14.2.3.2 If more that fifteen (15) semester credit hours or equivalent are assigned to a Sessional Instructor

Member in the twelve (12)-month period between January 1 and December 31, the Member shall

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be automatically converted to an Instructor appointment as per Article 14.2.2 and shall be awarded

the following:

(a) one (1) year of seniority;

(b) vacation pay equivalent to the entitlement of an Instructor Member and retroactive to

January 1 of the current year of employment;

(c) tuition waiver equivalent to the entitlement of an Instructor Member and retroactive to

January 1 of the current year of employment; and

(d) enrolment in the Member Benefit Plan as per Article 50.5.3, if there are at least three (3)

months remaining in the appointment term.

14.2.3.3 The Parties do not intend that multiple Part-time Instructor appointments in a Program should be

used for the purpose of avoiding a full-time Instructor appointment where such an appointment

would be feasible and appropriate.

14.3 Term appointments of Members under Articles 14.2.1 and 14.2.2 shall normally be made for not

less than twelve (12) months except at the request of the Member or Program, and not more than

twenty-four (24) months, except:

(a) for Regular Term appointments made under Article 14.17;

(b) for appointments under Article 14.5(a), which shall be for the duration of the secondment;

or

(c) under other circumstances and with the consent of the Association, whose consent shall

not be unreasonably withheld.

14.3.1 When initial verbal contract negotiations take place between the University and the Faculty

Member, and provided that the length of the term of appointment is discussed and verbally

accepted by the Faculty Member prior to the formal written offer of employment, the duration of the

teaching appointment can be offered at less than twelve (12) months without the requirement that

the contract “shall be made for not less than twelve (12) months except at the request of the

Member.”

14.4 Except as specified in Article 14, term appointments carry no guarantee of renewal.

14.5 Term appointments may be made only for the following purposes:

(a) to replace another Faculty Member on leave, secondment, or serving in an administrative

position for the expected duration of the absence of the person being replaced;

(b) to replace a Faculty Member on long term disability;

(c) to fill a vacant Continuing position while a competition is in progress or until a fully suitable

candidate is recruited;

(d) to fill a position necessitated by enrolment growth;

(e) to fill vacancies which occur or new positions which are created as a result of the

development of new Programs or expansions of existing Programs;

(f) to fill vacancies in any Program which has been established or placed on a probationary

basis, for the duration of that probation;

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(g) to attract expertise to the University which would not otherwise be available; or

(h) for any other purpose agreed upon by the Parties.

14.6 Letters of appointment shall be as in Article 13.12 and shall normally be sent to Term Instructors

and Regular Term Appointees three (3) months in advance of the first (1

st

) day of their

appointment. The Provost shall give a copy of the letter of appointment to the Association within

fifteen (15) days of an appointment, together with the purpose for which the appointment has been

made.

14.6.1 The Employer shall endeavour to provide Sessional Instructors with letters of appointment one (1)

month prior to the first (1

st

) day of their appointment, as may be possible. Whenever feasible,

appointment dates should begin one (1) week prior to the start of term. The total compensation as

in Article 48.4 will not be altered.

14.7 Teaching Salary Mass (TSM) Report

14.7.1 For the purposes of this Article, the Teaching Salary Mass (TSM) shall mean the cost of salaries

paid to all Sessional and Term Instructors (I/II/III/IV), Regular Term appointees, Term Senior

Instructors, Probationary and Continuing Senior Instructors, and Tenured and Tenure-track Faculty

Members, excluding:

(a) salaries paid to Sessionals, Term Instructors (I/II/III/IV), Term Senior Instructors, and Regular

Term appointees to replace Probationary and Continuing Senior Instructors, and Tenured and

Tenure Track Members on leaves for sabbatical, assisted study leave, academic and

professional leave, maternity leave, parental leave, sick leave, leaves of absence, and

secondments to administrative positions; and

(b) salaries paid for term appointments in the School of Nursing and the MBA Program.

14.7.2 The percentage of the TSM paid to Term Members is an important indicator to the parties. This

percentage will be tracked and discussed at JCC.

14.7.3 Salaries paid to Sessionals, Term Instructors (I/II/III/IV), Term Senior Instructors, and Regular Term

appointees, should not exceed nineteen (19%) percent of the TSM on an annual basis.

14.7.4 The University shall provide an annual TSM report to the Faculty Association by March 1, in each

year of the Agreement.

14.8 If, at the expiration of the period of a Member's full-time term appointment, it becomes necessary to

offer a subsequent full-time term appointment in the Member's Program, for which the Member has

all the appropriate expertise and competence and provided that the Member's performance is

satisfactory, no external candidate shall be appointed unless the Member has first been offered

and has refused reappointment.

14.9 In order to meet the operational requirements of the University, all Members’ letters of offer will

include a statement that the Member must respond by a required date to the offer, or formally

request and have approved by the University an extension to the timeline to respond to the offer,

otherwise the University retains the right to withdraw the offer.

14.10 A Member who holds a full-time term appointment may request a break in continuous employment

while retaining the right of first refusal specified in Article 14.8. The University shall make every

effort to accommodate such a request.

14.11 In a competition to fill a full-time Regular Term or full-time Instructor position if more than one (1)

full-time Regular Term candidate is qualified, the one (1) with the greatest seniority will be

appointed.

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Faculty Association Collective Agreement

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14.12 Regular Term or term Instructor Members shall be given due consideration for any Tenure-track

appointments that become available within their Programs, and for which they apply and are

qualified. When other qualifications are essentially equal, a current term Member shall be selected

over a non-member.

14.13 Should a Member in a Regular Term appointment subsequently be granted a Tenure-track

appointment with no more than twelve (12) months break in service, some, or all, of the years

served in Regular Term appointments shall, at the discretion of the University, be considered

equivalent to years served in a Tenure-track appointment for the purpose of Tenure consideration

and sabbatical entitlement.

14.14 Should an Instructor subsequently be hired into a Tenure-track position, the University may

recognize a portion of the service as an Instructor for the purpose of eligibility for Tenure

consideration and sabbatical eligibility.

14.15 There shall be no limit to the total duration of a series of term appointments that a Member may

hold.

14.16 If a Member who has held a full-time term appointment under either Article 14.2.1 and/or Article

14.2.2 within any four (4) of the past five (5) years is thereafter engaged it shall be as a Regular

Term Member. Rank and salary awarded shall be commensurate with experience and education.

The division of duties between teaching, scholarly activity and service, as defined by the relevant

Program, shall be negotiated between the Member and the University and shall form part of the

letter of appointment.

14.17 Regular Term Members appointed under Article 14.16 shall be appointed to a Regular Term

appointment (Article 14.2.1) of three (3) years. Following the initial three (3)-year contract,

subsequent renewals shall also be for three (3) years. However, discontinuation of this

appointment can be implemented with six (6) months’ notice provided the Member has served

eighteen (18) months from the date of initial appointment.

14.18 Discontinuation can be for:

(a) conversion of the position to a Tenure-track position;

(b) performance below expectation (Article 14.21);

(c) curriculum changes that eliminate the need for the position; or

(d) Program budgetary reasons.

14.19 A Member who is re-appointed to a Regular Term position shall not be assigned a rank that is

lower than the rank assigned in their previous term appointment.

14.20 Regular Term Members may seek promotion in rank, at the discretion of the Member, under the

following provisions of the Collective Agreement:

(a) during contract negotiations between the Regular Term Member and the Employer at the time

of appointment or re-appointment; or

(b) under the terms and conditions of Article 22.

14.21 Members holding full-time Regular Term appointments under Article 14.17 shall submit PARs

annually under the criteria in Article 21, taking into account the terms negotiated in the letter of

appointment. Performance that is below expectations over two (2) consecutive years may result in

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 45

termination of the appointment if the Member is not able to correct the deficiencies after having

been afforded a reasonable time to do so.

14.22 Instructors with appropriate qualifications may teach graduate courses.

14.23 Sessional (Part-time) Instructors’ Roster

14.23.1 Definition

(a) For the purpose of Article 14.23, a Sessional Instructor is a person whose only

appointment within the bargaining unit is as a Part-time Instructor.

(b) For the purpose of this Article, a course refers to a credit course or a component of a credit

course with an assigned SCH.

14.23.2 Establishing a Sessional Roster

14.23.2.1 Sessional Instructors are placed on the Sessional Roster within an academic unit (Program) by

appointment to teach a course in that academic unit and in accordance with the appointment

procedures set out in Article 12 and Article 14.

14.23.2.2 Each academic unit shall maintain a Sessional Roster. The Sessional Roster is a record of those

individuals who have met the selection criteria for specific courses and been selected by the ASC

according to the appointment procedures in Articles 12 and 14. To remain on the Sessional Roster

a Sessional Instructor shall have satisfactorily taught in the academic unit in the past twenty-four

(24) months.

14.23.2.3 For each Member on the Sessional Roster, the Sessional Roster will include the number of

instances each course was taught satisfactorily, the campus at which it was taught, the delivery

mode and the cumulative number of SCHs for that course.

14.23.2.4 An individual may be on more than one Sessional Roster.

14.24 Alternate Mechanism for Placement on the Sessional Roster

14.24.1 A Sessional Instructor already on a Sessional Roster in one (1) academic unit, or a full-time

Member whose employment is ending, may apply to the Dean of the academic unit for inclusion on

the academic unit Sessional Roster. The Dean shall make the decision on admission to the

Sessional Roster on the recommendation of the academic unit’s ASC, and the recommendation

shall also include right of first refusal and/or seniority rights. In cases where admission to the

Sessional Roster is refused, the Dean shall outline the reasons for the refusal in a letter to the

Member. Seniority is earned in each academic unit.

14.24.2 In the case where a Sessional Instructor is already on a Sessional Roster and subsequently

receives a full-time Term appointment, the Sessional Instructor will remain on the Sessional Roster

for the purposes of establishing seniority and Right of First Refusal.

14.25 Hiring Procedures for Sessional Instructors

14.25.1 In all cases courses shall only be offered to qualified applicants. Qualifications shall consist of

academic credentials, minimum level of defined professional qualifications, professional

designation and experience (where appropriate), and teaching competence.

14.25.2 Any course offered by an academic unit that cannot be staffed by Faculty Members, Probationary,

Continuing, or Term SLI Members, Probationary, Continuing or Term SI Members; Regular Term

Members or Instructor Members, or Post-Doctoral Fellows (where the Post-Doctoral Fellow is: (a)

funded by the University or an external grant administered by the University; (b) offered a

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maximum of two (2) courses per academic year, and (c) offered a course in their specific area of

expertise) shall be offered to individuals on the Sessional Roster by the following procedures:

(a) If a Sessional Instructor on the Sessional Roster of the academic unit has fulfilled the

requirements for the Right of First Refusal (Article 14.26) for the course, the course shall

be offered to the Sessional Instructor and does not need to be advertised. If there are two

(2) or more such Sessional Instructors with the Right of First Refusal, the course shall be

offered to the most qualified Sessional Instructor. If they are equally qualified and subject

to UNBC equity provisions, the course shall be offered to the Sessional Member with the

greatest Seniority (as defined in Article 14.27).

(b) If the course(s) remain unassigned, then:

(i) The course(s) will be made available to Sessional Instructors on the Sessional

Roster for a period of not less than two (2) weeks. All interested Sessional

Instructors on the Sessional Roster may apply to the ASC to teach these courses.

If the ASC finds the Sessional Instructors qualified they will be assigned these

courses.

(ii) If more than one (1) Sessional Instructor of the Sessional Roster of the academic

unit is qualified for a course and meets the qualifications and teaching

competence, the course will be offered pursuant to the following criteria: 1) first to

those Sessional Instructors who have taught the course in the past; 2) second to

the senior qualified Sessional Instructor subject to UNBC equity provisions.

(iii) If no qualified Sessional Instructors are found within the Sessional Roster to fill the

position, then the position is advertised on the UNBC website, and may be

distributed by the academic unit. In exceptional circumstances, the position(s)

may be made available within the sessional roster and concurrently advertised.

Where this occurs, qualified Sessional Instructors on the Sessional Roster shall be

given priority. No offer of appointment shall be made before the application

deadline.

(c) Should a course become open unexpectedly without sufficient time to advertise and there

are no qualified Sessional Instructors on the Sessional Roster, the Chair may recommend

an appointment to the Dean without posting the position.

14.26 Right of First Refusal

14.26.1 Right of First Refusal is earned for a particular course, taught at a specific site and via a specific

mode.

14.26.2 Where a Sessional Instructor has taught a course at least three (3) times and where that Sessional

Instructor has a demonstrated record of satisfactory teaching and remains qualified to teach the

course, the Sessional Instructor shall be deemed to have Right of First Refusal for that course at a

specific site and via a specific mode.

14.27 Seniority

14.27.1 Seniority will be taken to mean the number of SCH (or proportion thereof) taught by a Sessional

Instructor for the academic unit.

14.27.2 In the event a Sessional Instructor has not taught a course within the previous twenty-four (24)

months, the Sessional Instructor shall be removed from the Sessional Roster. Upon written notice

to the Dean the Sessional Instructor shall receive an extension equivalent to documented

maternity, parental and medical leave. The Sessional Instructor may also apply for an extension

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based on extenuating circumstances upon written application to the Dean, outlining the rationale

and including appropriate documentation.

14.27.3 The Employer shall maintain a central, electronic site to which the Department Chair, shall post and

maintain a seniority list recording the seniority of any Sessional Instructor on the Sessional Roster

of their academic unit. The Sessional Roster will be updated by the Chair, at the conclusion of

each teaching semester.

14.27.4 Upon placement on the Sessional Roster the Sessional Instructor shall remain on the Sessional

Roster from year to year without the need for re-applying, provided that they do not ask to be

removed from the Sessional Roster, and that other provisions within this Article for removal do not

apply.

14.27.5 The Chair shall post the Academic Unit’s Sessional Instructor seniority list annually.

14.28 Assessment of Sessional Instructors

14.28.1 Assessment of Sessional Instructors shall focus on teaching performance.

14.28.2 The Chair shall review teaching performance of Sessional Instructors including relevant

documented evidence, and shall raise any teaching performance concerns with the Dean.

14.28.3 Should the Dean deem a Sessional Instructor’s teaching performance unsatisfactory, the Dean

may remove a Sessional Instructor from the Sessional Roster(s) with reasons made known to the

Sessional Instructor. For Sessional Instructors with Right of First Refusal, unsatisfactory

performance will be defined as unsatisfactory evaluations by the Dean in any two or more courses

over the previous twenty-four (24) months.

14.28.4 Any complaints against a Sessional Instructor shall be properly investigated.

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APPENDIX 14A: Part-time Clinical Leadership Team Instructor in the School of Nursing and

Clinical Course Assignments

During the life of this Agreement, the parties agree that:

The School of Nursing reserves the right to limit the number of clinical groups taught by one clinical instructor in a

given semester for specific courses only. In exceptional circumstances, the Chair may make an exception to the

one course limit, with sufficient rationale provided to the School of Nursing Appointment Selection Committee.

Clinical faculty supervising students in preceptored clinical experiences may only carry one clinical group per

semester.

The limitation on clinical courses applies to the following courses, and does not apply to other courses offered by

the School of Nursing:

NCBNP

NURS317 – Maternity (Clinical Component)

NURS318 – Pediatric (Clinical Component)

NURS323 – Older Adult (Clinical Component)

NURS326 – Mental Health (Clinical Component)

NURS330 – Extended Clinical Practicum II

NURS418 – Intro to Community Health and Nursing Practice (Clinical Component)

NURS420 – Community Health Nursing (Clinical Component)

NURS422 – First Nations Health & Nursing (Clinical Component)

NURS426 – Acute Care Nursing (Clinical Component)

NURS432 – Mental Health Nursing (Clinical Component)

NURS435 – Pediatric Nursing (Clinical Component)

NURS454 – Perinatal Care (Clinical Component)

NURS455 – Foundations in Emergency and Trauma Nursing (Clinical Component)

NURS461 – Rural Health and Nursing ((Clinical Component)

NURS497 – Specialty Focus in Nursing (Clinical Component)

RNCP

NURS454 - Perinatal Care (Clinical Component)

NURS455 - Foundations in Emergency and Trauma Nursing (Clinical Component)

NRSG

NRSG 310 – Introduction to Nursing Practice (Clinical Component)

NRSG 311 – Medical and Surgical Nursing Practice 1 (Clinical Component)

NRSG 410 – Professional Practice: Mental Health and Addictions Nursing (Clinical Component)

NRSG 411 – Professional Practice: Community Health Nursing (Clinical Component)

NRSG 412 – Professional Practice: Perinatal Health and Care of the Childbearing Family (Clinical Component)

NRSG 415 – Medical and Surgical Nursing Practice 2 (Clinical Component)

NRSG 420 – Community Health Nursing (Clinical Component)

NRSG 421 – Rural Health and Nursing (Clinical Component)

NRSG 422 – Indigenous Health and Nursing (Clinical Component)

NRSG 423 – Mental Health and Addictions Nursing (Clinical Component)

NRSG 424 – Acute Care Nursing (Clinical Component)

NRSG 425 – Pediatric Nursing (Clinical Component)

NRSG 497 – Specialty Focus in Nursing (Clinical Component)

The Right of First Refusal, seniority rights, and the Sessional Roster will be followed as per Article 14 of the

Agreement.

Further information on the limitation and rational for these School of Nursing guidelines can be found in the

Memorandum of Understanding between the parties dated December 6, 2017.

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ARTICLE 15: APPOINTMENT OF LIBRARIAN MEMBERS

15.1 Appointment of Librarian Members

15.1.1 As the nature of their work and the qualifications required to carry it out are essentially academic,

librarians are partners with faculty in the support and promotion of UNBC's educational goals. In

accordance with Article 12.1, the Parties do not intend that future Term appointments of Librarian

Members should be used for the purpose of avoiding Probationary appointment where such an

appointment would be feasible and appropriate.

15.1.2 The minimum academic qualifications for a Librarian's appointment shall be a graduate degree in

library and/or information studies (or equivalent) from an American Library Association (ALA)

accredited school. The minimum academic qualifications for an Archivist’s appointment shall be a

graduate degree in Archival Studies or Informational Studies/Library Science with an emphasis on

archival studies, or an equivalent combination of a relevant graduate degree and relevant

professional experience in archives.

15.1.3 All appointments of Librarian Members are at one (1) of the following ranks: Librarian I, Librarian II,

Librarian III, or Librarian IV.

15.1.4 Initial appointments may be made to any rank in Article 15.1.3 depending on the appointee's

experience and level of achievement. Credit for years of service and credit for years in a rank at

another university library, or equivalent experience elsewhere, may be recognized, and the agreed

upon credit, if any, shall be stated in a letter of appointment.

15.1.5 Appointments of Librarian Members shall be one (1) of the following types: Probationary,

Continuing, or Term.

15.2 Categories of Appointment

15.2.1 Probationary Appointment

A Probationary appointment shall be for a two (2) year term if the appointment is at the rank of

Librarian I; otherwise it shall be for one (1) year. By exception, the Probationary appointment may

be shorter for an appointment at the rank of Librarian III and/or Librarian IV. A Librarian Member

holding a Probationary appointment shall be considered for a Continuing appointment in

accordance with the provisions of Article 24.

15.2.2 Continuing Appointment

15.2.2.1 A Continuing appointment signifies the right of a Librarian Member to continuous and permanent

employment, which may be terminated only through resignation, or retirement, or financial exigency

under the provisions of this Agreement or by dismissal for just cause under the provisions of this

Agreement.

15.2.2.2 A Librarian Member with appropriate academic qualification and professional experience may be

granted a Continuing appointment without serving a Probationary appointment.

15.2.3 Term Appointment

15.2.3.1 A Term appointment carries no implication of renewal or continuation beyond the contractual term.

A person holding such an appointment may apply for a Probationary or Continuing appointment if

such a position is available.

15.2.3.1.1 For appointments made under Article 15.2.3.1, Librarian Members shall automatically be awarded

an equivalent period of seniority for each full or partial year spent in Term appointments and be

eligible for benefits.

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15.2.3.1.1.1 Seniority for Term Librarians is defined as the number of years or fractions thereof worked as a

Term Librarian in all Term appointments.

15.2.3.1.2 If, at the expiration of the period of a Term Librarian Member's appointment, it becomes necessary

to offer a subsequent full-time term appointment, for which the Librarian Member has all the

appropriate expertise and competence and provided that the Member’s performance is satisfactory

no external candidate shall be appointed unless the Term Librarian Member has first been offered

and has refused reappointment.

15.2.3.1.2.1 In order to meet the operational requirements of the University, all Librarian Members’ letters of

offer will include a statement that the Member must respond by a required date to the offer, or

formally request and have approved by the Employer an extension to the timeline to respond to the

offer; otherwise the Employer retains the right to withdraw the offer.

15.2.3.1.3 A Librarian Member who holds a full-time Term appointment may request a break in continuous

employment while retaining the right of first refusal specified in Article 15.2.3.1.2. The Employer

shall make every effort to accommodate such a request.

15.2.3.1.4 In a competition to fill a full-time Term Librarian position, if more than one (1) full-time Term

Librarian candidate is qualified, the one (1) with the greatest seniority will be appointed.

15.2.3.1.5 If a Librarian Member has held a full-time Term appointment for at least one year and is

reappointed, service shall be deemed continuous for purposes of determining the next grid step.

15.2.3.1.6 Full-time Term Librarian Members shall be given due consideration for any Probationary

appointment that becomes available and for which they apply and are qualified. When other

qualifications are essentially equal, a current Term Librarian Member shall be selected over a non-

member.

15.2.3.1.7 If a Librarian Member who has held full-time term appointments within any four (4) of the past five

(5) years and who has submitted a Professional Activity Report is thereafter reappointed, the

Librarian Member shall continue to be appointed as a Term Librarian Member for a period of no

less than a three (3)-year contract. Following the initial three (3)-year contract period, subsequent

renewals will also be for no less than a three (3)-year contract.

15.2.3.1.8 Following the initial three (3)-year contract, subsequent renewals will also be for three (3) years.

However, discontinuation of this appointment can be implemented with six (6) months’ notice

provided the Member has served eighteen (18) months from the date of initial appointment.

15.2.3.1.9 Discontinuation can be for:

(a) conversion of the position to a Continuing position;

(b) performance below expectation;

(c) organizational changes that eliminate the need for the position; or

(d) Library budgetary reasons.

15.2.3.2 When the Employer makes a Term appointment, the Provost shall inform the Association of the

appointment within ten (10) days of making the appointment stating the reason. The reasons for

making Term appointments are as follows:

(a) to meet temporary needs created when a Librarian Member is on leave or temporarily

transferred to another duty within the University;

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(b) to appoint a Librarian who holds a Continuing appointment at another institution, and who

is therefore designated as Visiting;

(c) to appoint a Librarian for a specific project of fixed duration;

(d) for appointments based upon provisional funding or activities of a trial nature;

(e) to fill a vacant position for which no fully suitable candidate has yet been identified; or

(f) to offer a post-retirement contract.

15.2.3.3 Term appointments may be made for periods of up to twenty-four (24) months.

15.2.3.4 When a consecutive Term appointment is granted, where the duties are essentially the same, the

Librarian Member shall not be assigned a rank lower than the rank of their previous appointment.

Subject to Article 15.2.3.2, when a Librarian Member on Term appointment receives a new Term

appointment for all or part of the next academic year, the Librarian Member shall receive

adjustments in compensation pursuant to this Agreement.

15.2.3.5 If a Librarian Member who has held a Term appointment subsequently receives a Probationary

appointment, periods of service in Term appointments which proceed without an interruption of

longer than twelve (12) months, shall be deemed periods of probationary service toward a

Continuing appointment, and periods of service for promotion in rank.

15.3 Librarian Member Shared Appointments

15.3.1 A Librarian Member shared appointment is an appointment shared by two (2) Librarian Members.

15.3.2 Where sound reasons exist for doing so a Librarian Member may request a Librarian Member

shared appointment with another Librarian Member. The application shall be made to the

University Librarian and the authority for granting a Librarian Member shared appointment rests

with the Provost. A Librarian Member shall not receive a Librarian Member shared appointment

without their consent in writing.

15.3.3 Before a Librarian Member agrees to a Librarian Member shared appointment, they shall meet with

the Provost and the University Librarian, and shall reach agreement on how the Librarian Members'

work is to be shared between the Librarian Members who share the appointment, and how the

procedures used in assessing each Librarian Member for subsequent or Continuing appointment,

grid step, and promotion are to be applied.

15.3.4 The terms and conditions of the Librarian Member shared appointment shall be in writing signed by

the two (2) Librarian Members and the Provost. Within five (5) days of its signing the Provost shall

send a copy of the agreement to the Association.

15.4 Librarian Members’ Appointment Selection Committee

The Librarian Members’ Appointment Selection Committee (LASC) as constituted in Article 12 shall

assess and recommend Librarian and Archivist applicants for Probationary, Continuing, and Term

appointments.

15.5 Recommending Appointments

15.5.1 Librarian Member and Archivist appointments shall be advertised widely by the University in

appropriate publications which shall include University Affairs, the CAUT Bulletin, and other

relevant sites as practicable, such as the British Columbia Library Association, the Association of

Canadian Archivists, and/or the Archives Association of BC. Considering the goals of achieving

diverse pools of candidates, and equity and diversity in hiring, the positions shall, as practicable, be

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advertised in other relevant publications, fora, and conferences, including those serving equity

deserving and under-represented groups.

15.5.1.1 Appointments may be advertised, “Subject to budgetary approval,” with the approval of the Provost.

Where appointments must be made urgently for sound academic reasons or where a fully qualified

Candidate is currently in the employ of the University, exceptions to this requirement may be

recommended to the Provost by the LASC. This recommendation may be authorized on an

exceptional basis by the Provost who shall immediately inform the Association in writing giving

reasons for the exception.

15.5.2 Term appointments shall be advertised, except that, where a qualified candidate is currently in the

employ of the University, or where appointments must be made urgently for sound academic

reasons, the University Librarian may waive advertising, with the reasons communicated to the

Provost and the Association.

15.5.3 Only the President may waive the requirement to advertise a Probationary or Continuing

appointment and only in exceptional circumstances where to advertise would be clearly contrary to

the interests of the University. In this event the reasons shall be communicated to the Association

before the appointment is made by the Board of Governors.

15.5.4 Applications for Librarian Member appointments shall be submitted in accordance with the job

posting. The LASC shall assess applications and draw up a short list and conduct interviews.

15.5.5 In assessing candidates, the LASC shall give consideration to the nature of the duties to be

performed as advertised, to the character and quality of the degrees held, and other scholarly,

creative or professional work of each candidate. The assessment shall be made objectively on

sound academic and other relevant grounds including equity provisions (Article 11).

15.5.6 In the case where the University Librarian has not chaired the LASC, the chair of the LASC shall

recommend to the University Librarian the name of a single candidate, or a rank-ordered short list

approved by majority vote of the LASC together with their recommendation. In the case where the

University Librarian has chaired the LASC, the University Librarian shall recommend directly to the

Provost as per Article 15.5.7 the name of a single candidate, or a rank-ordered short list, approved

by majority vote of the LASC together with their own recommendation.

15.5.7 Upon receipt of the recommendations made pursuant to Article 15.5.6, the University Librarian

shall forward their own recommendation along with the recommendation of the LASC to the

Provost who shall forward their own recommendation along with the recommendations of the LASC

to the President who shall decide on the appointment and make the appropriate recommendation

to the Board of Governors.

15.6 Letter of Appointment

15.6.1 The successful candidate shall receive a letter of appointment in duplicate from the President

specifying the precise terms of appointment, including:

(a)

(b)

(c)

(d)

(e)

rank of appointment;

base

salary, and where applicable actual salary;

amount,

start

and

end

dates

of

any

additional

stipend(s)

given

to

the

Member

where

applicable;

type of appointment, and if

shared, the agreement reached with the University Librarian per

Article

15.3.3;

date on which the appointment commences;

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(f) recognized years of service, if any, pursuant to Article 15.1.4;

(g) duration of probationary period, where applicable;

(h) date at which renewal and/or Continuing appointment proceedings may commence, where

applicable;

(i) such other terms and conditions of the appointment as have been agreed upon by the

appointee and the University provided they are not inconsistent with the terms of this

Agreement;

(j) a statement that the appointment is subject to the terms of the current Agreement which is

renegotiated from time to time; and

(k) a reference to the link to obtain an electronic copy of the Agreement.

15.6.2 A letter from the Association which invites the candidate to contact the Association prior to

accepting the University’s offer shall be included with the letter of appointment, and if the offer is

acceptable to the appointee, the appointee shall sign and return one (1) copy of the letter to the

Provost or designate.

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ARTICLE 16: APPOINTMENT OF SENIOR LABORATORY INSTRUCTORS

16.1 All appointments of Senior Laboratory Instructor (SLI) Members are at one (1) of the following

levels: Senior Laboratory Instructor I, II or III, or IV and shall be of the following types: Term,

Probationary or Continuing.

16.2 All appointments will be made in accordance with the provisions of Articles 2 and 11.

16.3 Categories of Appointments

16.3.1 Initial appointments may be made to any level in Article 16.1 depending on the appointee’s

experience. Credit for years of relevant service or equivalent experience elsewhere will be

recognized and, if any, shall be stated in a letter of appointment.

16.3.2 Probationary Appointments

A Probationary appointment is normally the initial appointment for a SLI Member. It shall be for a

period of two (2) years, except under exceptional circumstances.

16.3.3 Continuing Appointments

A Continuing appointment signifies the right of a Member to continuous employment that may be

terminated only through the mechanisms provided in Article 8.

16.3.4 Term Appointments

16.3.4.1 A Term appointment carries no implication of renewal or continuation beyond the contractually

limited term. A person holding a Term appointment may apply for a Probationary or Continuing

appointment if such a position is available.

16.3.4.2 For appointments made under Article 16.3.4.1, Term SLI Members shall automatically be awarded

an equivalent period of seniority for each full or partial year spent in Term appointments and be

eligible for benefits.

16.3.4.2.1 Seniority for SLIs is defined as the number of years or fractions thereof worked as a Term SLI in all

Term appointments.

16.3.4.3 If, at the expiration of the period of a SLI Member's full-time Term appointment, a subsequent full-

time Term appointment is offered for which the Term SLI Member has appropriate expertise and

competence and provided that the Term SLI Member’s performance is satisfactory, no external

candidate shall be appointed unless the SLI Member has first been offered and has refused

reappointment.

16.3.4.3.1 In order to meet the operational requirements of the University, all SLI Members’ letters of offer will

include a statement that the Member must respond by a required date to the offer, or formally

request and have approved by the University an extension to the timeline to respond to the offer,

otherwise the University retains the right to withdraw the offer.

16.3.4.4 A SLI Member who holds a full-time Term appointment may request a break in continuous

employment while retaining the right of first refusal specified in Article 16.3.4.3. The Employer shall

make every effort to accommodate such a request.

16.3.4.5 In a competition to fill a full-time Term SLI position, if more than one (1) full-time Term SLI

candidate is qualified, the one (1) with the greatest seniority will be appointed.

16.3.4.6 If a SLI Member has held a full-time Term appointment for at least one year and is reappointed,

service shall be deemed continuous for purposes of determining the next grid step.

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16.3.4.7 Full-time Term SLI Members shall be given due consideration for any Probationary appointment

that becomes available and for which they apply and are qualified. When other qualifications are

essentially equal, a current Term SLI Member shall be selected over a non-member.

16.3.4.8 Should a full-time Term SLI Member be subsequently granted a Probationary or Continuing

appointment with no more than twelve (12) months break in service, some, or all, of the years

served in a full-time term appointment shall, at the discretion of the University, be considered

equivalent to years served in a Probationary appointment for the purpose of Continuing

consideration. This shall be stipulated in the letter of appointment.

16.3.4.9 When the Employer makes a Term appointment, the Provost shall inform the Association within

fifteen (15) days of making the appointment the purposes for making such an appointment. It may

be made only for the following purposes:

(a) to meet temporary needs created when a SLI is on leave;

(b) to replace a SLI on long term disability;

(c) to fill a vacant Continuing position while a competition is in progress or until a fully suitable

Candidate is recruited;

(d) to fill a position necessitated by enrolment growth; it being understood that enrolment

which has been maintained for six (6) or more years shall not be used as a justification for

term contracts; or

(e) for appointments based upon provisional funding or activities of a trial nature.

16.3.4.10 Term appointments may be made for periods of up to twenty-four (24) months.

16.3.4.11 The total length of time spent in term appointments is limited by the constraints of Article

16.3.4.9(d) to be no more than a total of five (5) years. A sequence of appointment that exceeds

this length of time shall result in the transformation of the position from Term to Probationary.

16.3.4.12 The duties of a SLI on a Term appointment are the same as the duties of a Member in a

Probationary or Continuing appointment.

16.3.4.13 The Parties do not intend that multiple part-time Term appointments in a Program should be used

for the purpose of avoiding a full-time Term appointment where such an appointment would be

feasible and appropriate.

16.4 Shared Appointment

16.4.1 A shared appointment is an appointment shared by two (2) Members.

16.4.2 Where sound academic reasons exist for so doing, a Member may request a shared appointment

with another Member. After consultation with the Program Chair(s) and/or Dean, as appropriate,

the Member(s) shall submit the application for the appointment to the Provost who shall have the

final authority for making the appointment. A Member shall not receive a shared appointment

without their consent in writing.

16.4.3 Before a Member agrees to a shared appointment, they shall meet with the Provost, and shall

reach agreement on how the Members' work is to be shared between the Members who share the

appointment, and how the procedures used in assessing the Member shall be applied.

16.4.4 The terms and conditions of the shared appointment shall be in writing and signed by the two (2)

Members and the Provost. Within five (5) days of its signing, the Provost shall send a copy of the

agreement to the Association.

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16.5 Appointment Selection Committee

The appropriate Program(s) Appointments Selection Committee (ASC) shall be as constituted in

Article 12 with the proviso that at least one (1) SLI with a Continuing appointment be a member of

such ASC. The ASC shall assess and recommend applicants, and determine a suitable candidate

for a SLI position.

16.6 Recommending Appointments

16.6.1 The Appointment Selection Committee (ASC) shall recommend to the Dean the academic

qualifications and the experience required for the position. Normally, the minimum academic

qualification for a SLI position shall be a Master’s degree in the specific or a closely related

discipline from an accredited university.

16.6.2 After having considered the ASC's recommendation concerning the above, the Dean shall

authorize a search for a person to fill the allocated position, and the Program Chair shall institute

the search in accordance with the terms of this Agreement and University policies and procedures.

16.6.3 All positions shall be advertised in appropriate publications, except in the following circumstances:

(a) If, at the expiration of the period of a Member's Term appointment, it becomes necessary

to offer a subsequent Term appointment in the Member's Program(s), for which the

Member has all the appropriate expertise and competence and provided that the Member's

performance is fully satisfactory according to the performance evaluation, no external

candidate shall be appointed to the new term position unless the Member has first been

offered and has refused reappointment; or

(b) where a fully qualified candidate is currently in the employ of the University, or where

appointments must be made urgently for sound academic reasons, the Provost may waive

advertising, with the reasons communicated to the Association.

16.6.4 Applications for positions which have been advertised shall be reviewed by an ASC which shall

make a short list and conduct interviews, as well as consult with the Program where appropriate.

16.6.5 In assessing candidates, the ASC shall give consideration to the nature of the duties to be

performed as advertised, to the character and quality of the degrees held, and to the record of and

potential for teaching and other scholarly, creative, or professional work. The assessment shall be

made objectively, on sound academic and other relevant grounds.

16.6.6 As part of the interview process each candidate’s itinerary should include a meeting with a

representative of the Association.

16.6.7 The Program Chair shall recommend to the Dean the name of a single candidate or a rank-ordered

short list approved by a majority vote of the ASC (following consultation with the Program together

with their own recommendation).

16.6.8 When a recommendation for a Limited Term appointment needs to be made for urgent reasons,

and a sufficient number of Members is not available to constitute an ASC, the Chair, in consultation

with the available Members, may make a recommendation to the Dean.

16.6.9 Upon receipt of the recommendation, made pursuant to Article 16.6.7, the Dean shall forward their

own recommendation along with the recommendation of the ASC to the Provost who shall forward

these recommendations and their own recommendation to the President, who shall decide on the

appointment.

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16.7 Letter of Appointment

16.7.1 The successful candidate shall receive a letter of appointment in duplicate from the President (or

designate) specifying the terms of employment, including:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

16.7.2 The initial salary will be negotiated using the following conditions: If the candidate holds the

minimum level of education and experience required for the position, they will be placed at the start

of the SLI I salary scale. Each year of relevant full-time experience can be used to negotiate a

higher starting salary. Any additional part-time experience will be taken into consideration.

16.7.3 A link to this Agreement and a letter from the Association which invites the candidate to contact the

Association prior to accepting the Employer’s offer shall be included with the letter of appointment.

If the offer is acceptable to the candidate, the candidate shall sign and return one (1) copy of the

letter to the Provost or designate.

16.8 The total number of Senior Lab Instructors (SLIs) and Senior Instructors (SIs) shall not exceed 17%

of the total number of Tenure and Tenure-track Members, except those appointed under

16.3.4.9(a), (b) or (c) or 16A.3.4.9(a), (b), or (c), unless as mutually agreed to by the Parties.

16.8.1 The Parties agree that SLIs and SIs required to fulfil the academic needs for the applied programs

in the School of Business, School of Engineering, and the School of Nursing are excluded from the

calculation of the total number of Senior Lab Instructors (SLIs) and Senior Instructors (SIs) as per

Article 16.8.

the Faculty

in which

the appointment is made and the Program(s) with which the position is

affiliated;

level: all appointments of SLIs are

at one

of

the following levels:

SLI I, SLI II, SLI

III,

SLI IV;

base

salary, and where applicable actual salary;

amount,

start

and

end

dates

of

any

additional

stipend(s)

given

to

the

Member

where

applicable;

type of appointment;

date on which appointment commences;

credited years

of service pursuant to

Article

16.3.1;

duration of the

probationary period;

date at which renewal and/or Continuing appointment

proceedings may commence, where

applicable, pursuant to Article

16.3.2;

duration of the appointment

period; if applicable;

detailed statement

of job

responsibilities ensuring these responsibilities conform to

Article

35;

such

other terms

and conditions

of the appointment which have been agreed upon by the

Candidate

and

the

Employer

provided

they

are

not

inconsistent

with

the

terms

of

this

Agreement; and

a statement that the appointment

is subject to the terms

of this and future

Agreements.

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16.8.2 The Parties do not intend that future SLI and SI appointments in the School of Business, School of

Engineering, and the School of Nursing should be used for the purpose of avoiding a Faculty

Member appointment where such an appointment would be feasible and appropriate.

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ARTICLE 16A: APPOINTMENT OF SENIOR INSTRUCTORS

16A.1 All appointments of Senior Instructor (SI) Members are at one (1) of the following levels: Senior

Instructor I, II or III, and shall be of the following types: Term, Probationary or Continuing.

16A.2 All appointments will be made in accordance with the provisions of Articles 2 and 11.

16A.3 Categories of Appointments

16A.3.1 Initial appointments may be made to any level in Article 16A.1 depending on the appointee’s

experience. Credit for years of relevant service or equivalent experience elsewhere will be

recognized and, if any, shall be stated in a letter of appointment.

16A.3.2 Probationary Appointments

A Probationary appointment is normally the initial appointment for a SI Member. It shall be for a

period of three (3) years, except under exceptional circumstances.

16A.3.3 Continuing Appointments

A Continuing appointment signifies the right of a Member to continuous employment that may be

terminated only through the mechanisms provided in Article 8.

16A.3.4 Term Appointments

16A.3.4.1 A Term appointment carries no implication of renewal or continuation beyond the contractually

limited term. A person holding a Term appointment may apply for a Probationary or Continuing

appointment if such a position is available.

16A.3.4.2 For appointments made under Article 16A.3.4.1, Term SI Members shall automatically be awarded

an equivalent period of seniority for each full or partial year spent in Term appointments and be

eligible for benefits.

16A.3.4.2.1 Seniority for SIs is defined as the number of years or fractions thereof worked as a Term SI in all

Term appointments.

16A.3.4.3 If, at the expiration of the period of a SI Member's full-time Term appointment, a subsequent full-

time Term appointment is offered for which the Term SI Member has appropriate expertise and

competence and provided that the Term SI Member’s performance is satisfactory, no external

candidate shall be appointed unless the SI Member has first been offered and has refused

reappointment.

16A.3.4.3.1 In order to meet the operational requirements of the University, all SI Members’ letters of offer will

include a statement that the Member must respond by a required date to the offer, or formally

request and have approved by the University an extension to the timeline to respond to the offer,

otherwise the University retains the right to withdraw the offer.

16A.3.4.4 A SI Member who holds a full-time Term appointment may request a break in continuous

employment while retaining the right of first refusal specified in Article 16A.3.4.3. The Employer

shall make every effort to accommodate such a request.

16A.3.4.5 In a competition to fill a full-time Term SI position, if more than one (1) full-time Term SI candidate

is qualified, the one (1) with the greatest seniority will be appointed.

16A.3.4.6 If a SI Member has held a full-time Term appointment for at least one (1) year and is reappointed,

service shall be deemed continuous for purposes of determining the next grid step.

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16A.3.4.7 Full-time Term SI Members shall be given due consideration for any Probationary appointment that

becomes available and for which they apply and are qualified. When other qualifications are

essentially equal, a current Term SI Member shall be selected over a non-member.

16A.3.4.8 Should a full-time Term SI Member be subsequently granted a Probationary or Continuing

appointment with no more than twelve (12) months break in service, some, or all, of the years

served in a full-time term appointment shall, at the discretion of the University, be considered

equivalent to years served in a Probationary appointment for the purpose of Continuing

consideration. This shall be stipulated in the letter of appointment.

16A.3.4.9 When the Employer makes a Term appointment, the Provost shall inform the Association, within

fifteen (15) days of making the appointment, the purposes for making such an appointment. It may

be made only for the following purposes:

(a) to meet temporary needs created when a Teaching Member is on leave;

(b) to replace a Teaching Member on long term disability;

(c) to fill a vacant Continuing position while a competition is in progress or until a fully suitable

Candidate is recruited;

(d) to fill a position necessitated by enrolment growth; it being understood that enrolment

which has been maintained for six (6) or more years shall not be used as a justification for

term contracts; or

(e) for appointments based upon provisional funding or activities of a trial nature.

16A.3.4.10 Term appointments may be made for periods of up to twenty-four (24) months.

16A.3.4.11 The total length of time spent in term appointments is limited by the constraints of Article

16A.3.4.9(d) to be no more than a total of five (5) years. A sequence of appointment that exceeds

this length of time shall result in the transformation of the position from Term to Probationary.

16A.3.4.12 The duties of a SI on a Term appointment are the same as the duties of a Member in a

Probationary or Continuing appointment.

16A.3.4.13 The Parties do not intend that multiple part-time Term appointments in a Program should be used

for the purpose of avoiding a full-time Term appointment where such an appointment would be

feasible and appropriate.

16A.4 Shared Appointment

16A.4.1 A shared appointment is an appointment shared by two (2) Members.

16A.4.2 Where sound academic reasons exist for so doing, a Member may request a shared appointment

with another Member. After consultation with the Program Chair(s) and/or Dean, as appropriate,

the Member(s) shall submit the application for the appointment to the Provost who shall have the

final authority for making the appointment. A Member shall not receive a shared appointment

without their consent in writing.

16A.4.3 Before a Member agrees to a shared appointment, they shall meet with the Provost, and shall

reach agreement on how the Members' work is to be shared between the Members who share the

appointment, and how the procedures used in assessing the Member shall be applied.

16A.4.4 The terms and conditions of the shared appointment shall be in writing and signed by the two (2)

Members and the Provost. Within five (5) days of its signing, the Provost shall send a copy of the

agreement to the Association.

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16A.5 Appointment Selection Committee

The appropriate Program(s) Appointments Selection Committee (ASC) shall be as constituted in

Article 12 with the proviso that at least one (1) SI with a Continuing appointment be a member of

such ASC. The ASC shall assess and recommend applicants, and determine a suitable candidate

for a SI position.

16A.6 Recommending Appointments

16A.6.1 The ASC shall recommend to the Dean the academic qualifications and the experience required for

the position. The academic qualification for a SI position shall be a Master’s degree or higher

qualification, or appropriate professional qualification and achievement in the candidate’s specific

or closely related discipline.

16A.6.2 After having considered the ASC's recommendation concerning the above, the Dean shall

authorize a search for a person to fill the allocated position, and the Program Chair shall institute

the search in accordance with the terms of this Agreement and University policies and procedures.

16A.6.3 All positions shall be advertised in appropriate publications, except in the following circumstances:

(a) If, at the expiration of the period of a Member's Term appointment, it becomes necessary

to offer a subsequent Term appointment in the Member's Program(s), for which the

Member has all the appropriate expertise and competence and provided that the Member's

performance is fully satisfactory according to the performance evaluation, no external

candidate shall be appointed to the new term position unless the Member has first been

offered and has refused reappointment; or

(b) where a fully qualified candidate is currently in the employ of the University, or where

appointments must be made urgently for sound academic reasons, the Provost may waive

advertising, with the reasons communicated to the Association.

16A.6.4 Applications for positions which have been advertised shall be reviewed by an Appointment

Selection Committee (ASC) which shall make a short list and conduct interviews, as well as consult

with the Program where appropriate.

16A.6.5 In assessing candidates, the ASC shall give consideration to the nature of the duties to be

performed as advertised, to the character and quality of the degrees held, and to the record of and

potential for teaching. The assessment shall be made objectively, on sound academic and other

relevant grounds.

16A.6.6 As part of the interview process each candidate’s itinerary should include a meeting with a

representative of the Association.

16A.6.7 The Program Chair shall recommend to the Dean the name of a single candidate or a rank-ordered

short list approved by a majority vote of the ASC (following consultation with the Program together

with their own recommendation).

16A.6.8 When a recommendation for a Limited Term appointment needs to be made for urgent reasons,

and a sufficient number of Members is not available to constitute an ASC, the Chair, in consultation

with the available Members, may make a recommendation to the Dean.

16A.6.9 Upon receipt of the recommendation, made pursuant to Article 16A.6.7, the Dean shall forward

their own recommendation along with the recommendation of the ASC to the Provost who shall

forward these recommendations and their own recommendation to the President, who shall decide

on the appointment.

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16A.7 Letter of Appointment

16A.7.1 The successful candidate shall receive a letter of appointment in duplicate from the President (or

designate) specifying the terms of employment, including:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

16A.7.2 The initial salary will be negotiated using the following conditions: If the candidate holds the

minimum level of education and experience required for the position, they will be placed at the start

of the SI I salary scale. Each year of relevant full-time experience can be used to negotiate a

higher starting salary. Any additional part-time experience will be taken into consideration.

16A.7.3 A link to this Agreement and a letter from the Association which invites the candidate to contact the

Association prior to accepting the Employer’s offer shall be included with the letter of appointment.

If the offer is acceptable to the candidate, the candidate shall sign and return one (1) copy of the

letter to the Provost or designate.

16A.8 The total number of Senior Lab Instructors (SLIs) and Senior Instructors (SIs) shall not exceed 17%

of the total number of Tenure and Tenure-track Members, except those appointed under

16.3.4.9(a), (b) or (c) or 16A.3.4.9 (a), (b), or (c), unless as mutually agreed to by the Parties.

16A.8.1 The Parties agree that SLIs and SIs required to fulfil the academic needs for the applied programs

in the School of Business, School of Engineering, and the School of Nursing are excluded from the

calculation of the total number of Senior Lab Instructors (SLIs) and Senior Instructors (SIs) as per

Article 16.8.

the

Faculty

in

which the appointment is made

and

the Program(s) with which the position is

affiliated;

level: all appointments of

SIs are

at one of the following levels: SI I, SI II, SI III;

base

salary, and where

applicable actual salary;

amount,

start

and

end

dates

of

any

additional

stipend(s)

given

to

the

Member

where

applicable;

type of

appointment;

date on which appointment commences;

credited years of service pursuant to Article 16A.3.1;

duration of

the

probationary

period;

date at which renewal

and/or

Continuing appointment proceedings

may commence, where

applicable, pursuant to

Article 16A.3.2;

duration of the appointment

period; if applicable;

detailed statement of job responsibilities ensuring

these

responsibilities conform to Article

32;

such other terms and conditions of the

appointment which have been

agreed upon by the

Candidate

and

the

Employer

provided

they

are

not

inconsistent

with

the

terms

of

this

Agreement; and

a statement that the

appointment is subject to the terms of this and

future

Agreements.

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16A.8.2 The Parties do not intend that future SLI and SI appointments in the School of Business, School of

Engineering, and the School of Nursing should be used for the purpose of avoiding a Faculty

Member appointment where such an appointment would be feasible and appropriate.

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ARTICLE 17: NOT USED

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ARTICLE 18: ACADEMIC APPOINTMENTS OF ACADEMIC ADMINISTRATORS

18.1 For the purposes of this Article, Academic Administrator means a person who holds regular

academic (Faculty or Professional Librarian) rank, but whose terms and conditions of employment

are not governed by this Agreement. These include all Deans, the University Librarian, Vice-

Provost, Vice-Presidents, Provost, the President, and any other senior officer of the University for

whom academic (Faculty or Librarian) rank would be appropriate by virtue of the individual's

function and/or qualifications.

18.2 When the Employer seeks to hire an Academic Administrator who is not currently a Member, and

who has not previously been awarded the anticipated rank and/or Tenure at an accredited

university, the Appointment Selection Committee of the applicable academic unit shall consider and

make a recommendation on affiliation and appropriate rank and Tenure for approval of the

President and Board of Governors.

18.3 If the Employer does not follow the recommendation of the ASC, it shall provide reasons for not

doing so to the ASC and the Association.

18.4 When a serving Academic Administrator seeks promotion in Faculty or Professional Librarian rank,

Continuing appointment or Tenure, the criteria and the procedures set out in Article 22 or 24 shall

be followed.

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ARTICLE 19: RETIREMENT, RESIGNATION AND ALTERATION OF EMPLOYMENT

19.1 Traditional Retirement Date (TRD)

19.1.1 For the purposes of this Article, the Traditional Retirement Date (TRD) for Members whose sixty-

fifth (65

th

) birthday occurs between July 1 and December 31 is the December 31 coincident with or

following their sixty-fifth (65

th

) birthday. For a Member whose sixty-fifth (65

th

) birthday occurs

between January 1 and June 30 the TRD is the June 30 coincident with or following their sixty-fifth

(65

th

) birthday. The TRD is also referred to as the Normal Retirement Date (NRD).

19.1.2 Members who continue working at the University of Northern British Columbia beyond their TRD will

continue to receive benefits and make pension plan contributions as outlined below. Regular salary

will continue to be paid. Members who choose to work beyond the TRD are required to continue the

full scope of their normal duties and are subject to the evaluation procedures as stipulated in Article

21.

19.2 Benefits and Pension Contributions

19.2.1 Insurance

Optional additional life insurance, voluntary Accidental Death & Dismemberment (AD&D) and Long-

Term Disability coverage (LTD) shall terminate on the TRD. Basic Life and AD&D will continue (under

the terms available to other Members) to be in effect from the TRD to the Member’s actual

retirement date, however, a fifty percent (50%) reduction in these benefits will apply from age

seventy (70) onward and benefits are terminated at age seventy-five (75).

19.2.2 Extended Health Benefits

Members electing to work beyond the TRD will continue to have access to the University’s Employee

Assistance Program. MSP premiums and Dental and Extended Health Benefits (EHB), including

Vision Care, shall continue (under the terms available to other Members) to be in effect from the

TRD to the Member’s actual retirement date.

19.2.3 Pension Contributions

19.2.3.1 Unless required by law to commence receiving a pension prior to the Member’s actual retirement date

(i.e., currently December 31 of the year in which the Member attains age seventy-one (71) as defined

by Canada Revenue Agency) the Member who postponed retirement beyond their TRD will continue

to make pension contributions.

19.2.3.2 The University recognizes the value of retirement counseling for all Members considering retirement

and agrees to work with the Association to establish a retirement counseling program. (Note that

Human Resources currently has available a pre-retirement package and Sun Life offers advice to

Members as part of their services to the University).

19.3 Post-retirement Activities

19.3.1 Retired Faculty Members with ongoing research programs are eligible to supervise undergraduate

and graduate students' research, in accordance with UNBC policies.

19.3.2 As Members approach their stated date of retirement they may submit an indication of what

teaching, research or service activities, if any, they would like to continue after retirement. The

purpose of collecting this information would be to ensure that the appropriate Programs and

Faculties have an inventory of the services available from its retirees and that all retirees have an

opportunity to advise the University of their continuing interests.

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19.4 Phased Retirement Program

19.4.1 The University will make a phased retirement program (“Program”) available to Members who

satisfy the following conditions.

The Member must:

(i) hold a full-time appointment. Full-time for the purposes of the Program is defined as having

been hired into a position that is greater than a .75 FTE;

(ii) have completed at least ten (10) years of service in a full-time appointment with the

University on the date on which they notify the Employer of their intention to participate in a

Program; and

(iii) be eligible to begin receiving a pension payment under the UNBC pension plan (“Plan”) on

the date on which their Program starts (i.e., age 55 or older).

19.4.2 A Member who wishes to participate in a Program must notify the Employer in writing of their

intention to do so at least one year before the date on which their Program will start. Such notice of

intention will be irrevocable, but with sufficient notice the phased retirement period may be

shortened.

19.4.3 A Member’s Program must start on January 1 or July 1 and have a duration of one (1), two (2), or

three (3) years.

19.4.3.1 Full-time Members on staff before January 2015 are able to access this Phased Retirement Program

without a minimum of ten (10) years of service.

19.4.4 Entering into the phased retirement program will set an irrevocable retirement date, but may

be shortened with sufficient notice. Members in the phased retirement program (the Participant)

will be expected to continue the full range of their normal pre-phased retirement program

responsibilities as negotiated with the Chair of the Member’s Program or supervisor. The workload

plan must be approved by the Dean and the Provost. In order to maintain benefits, the appointment in

any year must be at least fifty-one percent (51%) of a full-time appointment.

19.4.5 The Participant's salary during the one (1)-, two (2)- or three (3)-year phased retirement period will be

pro-rated on the basis of the reduced workload appointment in each year.

19.4.6 The Participant will also be eligible to receive a retirement supplement. The amount accumulated

annually toward the retirement supplement is equal to the lesser of:

(a) the reduced workload increment times the salary prior to commencement of the phased

retirement; or

(b) the net salary savings. Net salary savings is the difference between the amount of salary

and benefits saved by the University and the amount required to replace the reduced

teaching workload at the per-course-rate.

19.4.7 There are two (2) options for payment of the retirement supplement:

(a) payable at the end of the phased retirement period as a retiring allowance as defined by

Canada Revenue Agency (CRA); or

(b) payable as taxable income in equal installments at the end of each year of phased

retirement.

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19.4.8 The election of the form of payment has to be made at the time notice of intention to enter the

phased retirement program is given.

19.4.9 In the event that a Participant dies prior to receiving their full entitlement under this section, the

balance of the retirement supplement shall be paid to the Participant's estate.

19.4.10 Within sixty (60) days of the Participant’s declaration to opt for the phased retirement program the

Participant and the Chair (or University Librarian in the case of Librarians or supervisor in the case

of Senior Laboratory Instructors) shall agree upon a pro-rated workload schedule for the phased

retirement program chosen, in accordance with the percentages agreed upon and a copy of the

phased retirement program and workload schedule shall be provided by the Chair to the Dean (or

Provost in the case of Librarians and SLIs). This plan shall normally but need not necessarily

reduce workload equally in each of the three (3) areas. If the Member and Dean reach an

agreement on the workload schedule within the initial sixty (60) day period, the Dean shall forward

a copy of the workload schedule and phased retirement plan to the Provost within the sixty (60) day

period.

19.4.11 Planning for phased retirement shall take into account the usage of any sabbatical entitlement and

the required time served after sabbatical. No sabbatical credit will accrue during the phased

retirement period.

19.4.12 If the Participant and the Chair (or University Librarian or Supervisor) are unable to reach

agreement on a workload schedule within the timelines provided in Article 19.4.10, the Dean of the

appropriate Faculty (or the Provost in the case of Librarians and SLIs) shall be notified of this by

the Chair within sixty (60) days of the initial declaration to opt for the phased retirement. Within a

further five (5) days, the Dean shall schedule a meeting to discuss the workload schedule with the

Participant, Chair and a designated representative of the Association. Within ninety (90) days of the

Participant’s initial declaration to opt for the phased retirement, the parties shall meet as directed

by the Dean (or Provost in the case of the Librarians and SLIs) in an effort to reach an agreement.

19.4.13 If agreement has been reached on the workload schedule by the Parties and Dean, the Dean shall

forward a copy of the phased retirement program and workload schedule to the Provost within the

one-hundred ten (110) days of the Participant’s initial declaration to opt for the phased retirement

program. If no agreement has been reached by the Parties and the Dean on a workload schedule

within the one-hundred ten (110) day period, that declaration shall be considered void and the

Member will continue under the terms and conditions of employment that pertained prior to the

declaration.

19.4.14 After receipt of the phased retirement plan and workload schedule from the Dean, the Provost shall

have ten (10) days to review and approve the plan and notify the Parties of their decision. Final

approval of the plan rests with the Provost. Approval of the plan will not be unreasonably denied.

19.5 Benefits during Phased Retirement Program

19.5.1 The Participant’s contributions to the pension plan will be based on their actual salary received in

each year of the phased retirement. The Participant may assign a portion of their lump sum

retirement supplement to their pension plan subject to CRA limits. The Employer will not provide

matching funds.

19.5.2 Group benefit coverage will continue as though the Participant continued to be employed on a full-time

appointment throughout the phased retirement program except as set out in this Article, with respect

to life insurance, sick pay and Long-Term Disability. Life insurance coverage (including Optional Life

Insurance, if applicable, prior to TRD) shall be based upon:

(a) the Participant's pre-program salary multiplied by the cumulative appointment and then

divided by one (1), two (2) or three (3), or;

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(b) the Participant’s nominal salary in which case, the Member will pay the cost of additional

premiums. The additional premiums will be paid in a lump sum from the Participant’s

retirement supplement.

19.5.3 Long Term Disability benefits will be payable only up to the Participant's irrevocable retirement date,

or, if earlier, the TRD, with such premiums and benefits being calculated based on the Participant’s

nominal salary. A Participant who is eligible and qualifies for Long Term Disability Benefits during the

phased retirement program may opt out of the program and retire instead of receiving Long Term

Disability Benefits. Participants who are not eligible for Long Term Disability benefits but who meet the

criteria for Long Term Disability during the phased retirement program may opt out of the program

and retire.

19.6 Resignation

19.6.1 It is important in the interests of academic planning for the University to have adequate notice of a

Member's resignation. Members shall provide at least one (1) semester’s notice of their

resignation or notice of intent to retire.

19.6.2 Notice of resignation shall be made in writing to the President with copies to the Provost and the

Dean or University Librarian. Resignations shall take effect and employment with the University

shall terminate on a date agreed to in writing by the President and the Member.

19.6.3 Members who retire shall have access to applicable research grants administered through the

Office of the Vice-President Research, the University Library, University computing facilities,

athletic facilities and parking facilities on the same basis as Members.

19.6.4 Retired Members shall be offered all of the resources under Article 27.3 where possible.

19.6.5 Clearance Upon Termination

Upon termination of employment, a Member’s final salary payment shall be made on the last day

on the month concerned or as soon thereafter as all financial and material obligations of the

Member to the University are fulfilled. Such obligations include: submission of students’ final

marks, return of keys, library books, audio/visual and other equipment; reimbursement for goods

and services; submission of travel claim reports and the reimbursement of outstanding travel

balances; and, fulfilment of all contractual obligations to the University pursuant to this Agreement

and/or any other contract which exists between the Member and the University.

19.7 Post-retirement medical/dental benefits

19.7.1 Preamble:

19.7.1.1 The Parties have agreed to create a fund (herein called the “Fund”) for retired Members of the

Association to help offset the cost of post-retirement medical/dental benefits. The Fund shall be

administered by the Association.

19.7.1.2 This fund shall be distributed amongst retired Members based on submission of actual medical

service or benefits premium payments each year.

19.7.2 Eligibility:

Retired members are eligible for this benefit up to a maximum number of years equal to the

number of years of service to UNBC. Retired Member refers to Members of the Association who

have retired from their employment with the University and are not receiving UNBC benefits.

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19.7.3 Fund Value:

19.7.3.1 There is thirty-one thousand, forty-five dollars ($31,045) available in each year of the Agreement

(July 1 – June 30) for the Fund. The Employer will transfer this sum annually to the Association.

19.7.3.2 Funds remaining at the end of each period/year will be designated as surplus and retained within

the Fund.

19.7.3.3 The Association will develop a policy and procedures governing the fund. Upon request the

Association will provide the Employer with an annual report of expenditures under the fund,

aggregated to protect personal information.

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SECTION D

EVALUATION, PROMOTION AND TENURE

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Faculty Association Collective Agreement

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ARTICLE 20: PERSONNEL FILES

20.1 There shall be one (1) official personnel file (OPF) for each Member:

(a) For Faculty, Librarian, SLI, SI and Regular Term Teaching Members, the OPF shall be

kept in the Office of the Provost.

(b) For Instructor and Sessional Term Teaching Members, the OPF shall be kept in the Office

of the responsible Dean.

20.2 The OPF shall be the only file used in decisions respecting any and all terms and conditions of

employment of a Member except as otherwise provided in this Agreement.

20.3 The documents constituting the OPF shall be an accurate and exact PDF copy of the original

document.

20.4 Exact copies of some or all of the material contained in the OPF may also be kept in the files of the

responsible Program Chair or Supervisor, the responsible Dean, the University Librarian, the

President and the Human Resources Department. The OPF and copies thereof shall be clearly

marked as confidential. All the restrictions specified in this Article which apply to the OPF apply

equally to all copies of the files.

20.5 Persons who have access to the Member’s OPF without requiring express written permission from

the Member or express direction by this Agreement shall include:

(a) For Faculty, Librarian, SLI, SI and Regular Term Teaching Members: the Member, the

Provost, Administrative Human Resources staff in the Office of the Provost, and the

President.

(b) For Instructor and Sessional Term Teaching Members: the Member, the responsible

Dean, Administrative Staff in the Office of the Deans, the Provost, and the President.

20.6 In addition to those noted in 20.5, the OPF shall contain a list of all other persons granted access to

the file by the Member. The Employer shall keep a log, including the date, of those accessing the

OPF for reasons other than the maintenance of the file.

20.7 The OPF of each Member shall contain only material pertaining to the employment of the Member.

The material in the OPF may include, but shall not be limited to, the Member's curriculum vitae,

university transcripts, letters of application, letters of reference, salary and work history,

performance evaluations and rebuttals, disciplinary material, decisions and recommendations

about promotion, Continuing appointment or Tenure, letters for personnel decisions involving the

Member, and copies of material reflecting the Member's professional development and

achievement. Examples of scholarly work or attachments to Professional Activity Reports, with the

exception of teaching evaluations and the Chair’s letter of evaluation, shall be returned to the

Member after each review process, and will not be kept in the OPF.

20.8 If an allegation has been made against a Member and found not to be of merit, then there should

be no record of the allegation kept in the OPF. If there is an allegation made and the Member is

found to have violated a section of the Agreement but no formal disciplinary action is taken on the

part of the Employer, a summary statement and any recommendations for improving practice or

performance will be included in the OPF. A Member may respond to the summary statement and

that response will be included in the OPF. If there is an allegation that has been found to violate the

Agreement and disciplinary action has been taken by the administration under Article 45B, then the

documents pertaining to that claim will be included in the OPF.

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20.8.1 If an allegation has been made against a Member and was not investigated under the provisions of

Article 45A, no record of the allegation shall be kept in the OPF, including any summary statements

or Letter of Expectation issued to the Member.

20.9 True copies of all letters of reference shall be placed upon receipt in the OPF of the Member

without letterhead and signature block(s), as specified in Article 23.

20.10 All performance evaluations of a Member shall be in writing and signed by the Member and

Program Chair as confirmation that they were read, included in the OPF, and be made available on

receipt to the Member except as provided in Article 20.19. A Member may issue a rebuttal letter to

the performance evaluation letter, a copy of which shall be placed in the Member’s OPF.

20.11 The Member shall have the right to include in their OPF their written comments on the accuracy,

relevance, meaning or completeness of any of the contents of their OPF. These comments may

include supplementary documents considered relevant by the Member and must be submitted by

the Member directly to the Office of the Provost to be included in their OPF.

20.12 Members shall be informed in writing of any additions to their OPF that they have not been copied

on, or are additions required in this Agreement.

20.13 No material shall be deleted from an OPF without the express written permission or written request

of the Member and on approval granted from the Provost or as required by this agreement.

20.14 No anonymous material except as required by this agreement shall be kept in the OPF.

20.15 All documentation related to a peer review requested by the Dean or Program Chair will form part

of the Member’s OPF. Peer reviews conducted at the request of the Member may be placed in the

OPF at the option of the Member.

20.16 Members shall have the right on written request to the Provost to have removed from their OPF

any material which is false.

20.17 Members shall have electronic access to read and download the entire contents of their OPF.

Members shall not alter the OPF or remove the OPF or any of its contents from the OPF.

20.18 None of the contents of the OPF shall be released or made available to any person without the

express written consent of the Member concerned, except when release is required:

(a) for official University administrative purposes;

(b) for grievance and arbitration purposes;

(c) by this Agreement; or

(d) by law.

20.19 Access to any of the contents of an OPF for Article 20.19(a) above shall be accompanied by a

formal statement from the Office of the Provost to the person granted access to the OPF informing

those concerned of the confidential restrictions on the use of the files. Access to the contents of an

OPF for Article 20.19(d) above shall be granted only to individuals who show proof that such

access is required by law. Such access shall be granted only by the Provost or someone

designated by them in writing. The Provost shall notify the Member concerned immediately, stating

the person or persons granted access and the legal reasons for granting this access unless such

notification is prohibited by law.

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ARTICLE 21A: PROFESSIONAL ACTIVITY REPORTS

21A.1 Frequency of Reporting

21A.1.1 Tenure-track Faculty Members, Probationary Senior Instructors, Probationary Senior Lab

Instructors, Probationary Librarian Members and Full-time Term Members will submit Professional

Activity Reports (PAR) annually.

21A.1.2 Tenured Faculty Members, Continuing Senior Instructors, Continuing Senior Lab Instructors, and

Continuing Librarian Members shall submit PARs every two (2) years, except for those referenced

in 21A.1.3.

21A.1.3 Tenured Full Professors, Continuing Senior Instructors III, Continuing Senior Laboratory Instructors

IV, and Continuing Librarians IV, shall submit PARs every three (3) years.

21A.2 Reporting Dates and Processes

21A.2.1 The reporting date for PARs to be submitted to the immediate supervisor is the second Friday in

February of the year of review.

21A.2.2 The period of review for Tenured and Continuing Members covers activities from the end of the last

period of review or from the date of appointment, whichever is later. The reporting requirements for

time spent on leave are outlined in Article 21A.3.

21A.2.3 For the purposes of reporting per Article 21A, the immediate supervisor is a Program Chair. For

Division of Medical Sciences Members, the immediate supervisor is the Associate Vice President

Division of Medical Sciences. For Program Chairs, the immediate supervisor is the Faculty Dean.

For Librarian Members, the immediate supervisor is the University Librarian.

21A.2.4 It is the Member’s responsibility to submit Professional Activity Reports.

21A.3 Requirements to Report While on Leave

21A.3.1 Members on Maternity Leave (Article 57), Parental Leave (Article 57), Compassionate and

Bereavement Leave (Article 59), Court Leave (Article 60), Sick Leave (Article 61) or Leave of

Absence (Article 62) are not required to submit PARs during their leave, nor are they required to

report on their activities during the leave.

21A.3.1.1 Members who miss their normal reporting cycle because of a leave covered by Article 21A.3.1 will,

upon their return from leave, be given alternative reporting deadlines by the Dean or University

Librarian. Such deadlines must be consistent with the requirements and timelines for conducting

the review process.

21A.3.2 Members on sabbatical, study leave, or Academic or Professional Leave may be given an

alternative reporting deadline by prior approval of the Dean or University Librarian; however, the

dates must be consistent with the requirements and timelines for conducting the review process.

21A.3.3 Faculty Members who have been on sabbatical shall include in their PARs a copy of the sabbatical

report submitted as per 54.17.

21A.3.4 Librarian Members, Senior Instructors, and Senior Lab Instructors who have been on Academic or

Professional Leave shall include in their PARs a summary of activities and outcomes during the

leave for that reporting period.

21A.4 Relation to Promotion and Tenure Deliberations

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21A.4.1 The PAR of the Member will form part of the record that is evaluated by any and all committees

that are involved in decisions concerning the granting of Tenure, the granting of Continuing

appointment, or Promotion of the Member.

21A.4.1.1 The role of the Program Chair is mentoring the Member towards career progression as outlined in

Article 72 shall be given consideration in the promotion and tenure deliberations.

21A.5 PARs of Faculty Members and Regular Term Members

21A.5.1 PARs of Faculty Members and Regular Term Members shall include:

(a) a summary statement of accomplishments during the review period;

(b) a record of teaching activities and accomplishments including (but not limited to):

• courses taught and number of students in each course;

• graduate students supervised and in progress;

• membership on graduate supervisory committees;

• number of undergraduate students advised;

• results of teaching evaluations requested by the Dean or Program Chair as per Article

21B.1.2 and any Peer Reviews completed under the provisions of this Agreement, if

the Member chooses to submit them;

• participation in teaching workshops, training sessions or seminars;

• evidence of new course preparation and course revision, including innovative

approaches to teaching;

• number of courses delivered by distance and means utilized for delivery;

• any other information the Member considers relevant.

(c) a statement of teaching objectives for the next review period;

(d) a record of academic and scholarly activities and accomplishments during the review

period including (but not limited to):

• books published (peer reviewed);

• articles published (peer reviewed);

• books and articles published (non-peer reviewed);

• reports, monographs and other publications;

• conference papers and posters presented;

• performances or other scholarly activities;

• research and/or other scholarly work in progress;

• scholarly journals edited;

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• grants, contracts, or other awards requested and received, pending and rejected

(including name of agency or individual, title, amount requested or awarded and date

awarded or rejected). State for research awards whether principal or co-investigator;

• graduate work or continuing education in progress;

• any other information the Member considers relevant.

(e) a statement of research or scholarly objectives for the coming year;

(f) a record of service to UNBC, the profession, and the general public during the review

period including (but not limited to):

• awards and honours received;

• committee and other service within UNBC;

• service to the scholarly profession;

• discipline-related service to the community or region;

• continuing education activities;

• cooperative education activities;

• any other information the Member considers relevant.

(g) a statement of service objectives for the coming review period; and

(h) a description of the nature and scope of all non-trivial outside professional activity (see

Article 38.2).

(i) for Tenure-track Members, a statement of objectives supporting career progress.

21A.5.2 Faculty Members and Regular Term Members report on time spent on leave as per Article 21A.3.

21A.5.3 The information listed under Article 21A.5.1(a)–21A.5.1(i) can be presented using the curriculum

vitae and a cover letter.

21A.6 PARs of Full-Time Term Instructors

21A.6.1 The PARs of Full-time Term Instructors shall include the following items:

(a) a summary statement of accomplishments;

(b) a record of teaching activities and accomplishments including (but not limited to):

• courses taught and number of students in each course;

• number of undergraduate students advised;

• results of teaching evaluations requested by the Dean or Program Chair and any Peer

Reviews completed under the provisions of this Agreement, if the Member chooses to

submit them;

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• participation in teaching workshops, training sessions or seminars;

• evidence of new course preparation and course revision, including innovative

approaches to teaching;

• number of courses distance delivered and means utilized for delivery; and

(c) any additional information the Member considers relevant.

21A.6.2 Term Instructors report on time spent on leave as per Article 21A.3.

21A.7 PARs of Senior Instructors

21A.7.1 The PARs of Senior Instructors shall include the following items:

(a) a summary statement of accomplishments;

(b) a record of teaching activities and accomplishments including (but not limited to):

• courses taught and number of students in each course;

• number of undergraduate students advised;

• results of teaching evaluations requested by the Dean or Program Chair and any Peer

Reviews completed under the provisions of this Agreement, if the Member chooses to

submit them;

• participation in teaching workshops, training sessions or seminars;

• evidence of new course preparation and course revision, including innovative

approaches to teaching;

• number of courses distance delivered and means utilized for delivery; and

(c) a record of continuing professional development (as per Article 32.2.4)

(d) a record of academic, professional, University and/or relevant community service; and

(e) any additional information the Member considers relevant.

21A.7.2 SIs report on time spent on leave as per Article 21A.3.

21A.8 PARs of Senior Laboratory Instructors

21A.8.1 The PARs of SLIs shall cover the period of review and shall include the following:

(a) a summary statement of accomplishments;

(b) a record of:

(i) core professional function(s);

(ii) continuing professional development (as per Article 35.3); and

(iii) academic, professional, University and/or relevant community service

(c) a statement of objectives for the coming review period; and

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(d) any additional information the SLI may wish to include.

21A.8.2 SLIs report on time spent on leave as per Article 21A.3.

21A.9 PARs of Librarian Members

21A.9.1 The PAR shall cover the period of review and shall include the following:

(a) summary statement of accomplishments;

(b) in accordance with Article 31:

(i) comment on the performance of professional practice;

(ii) a record of service to the University community, the professional community, and

where appropriate the community at large; and,

(iii) a statement of accomplishments related to relevant research, scholarly activities,

or innovative practice.

(c) a statement of objectives for the coming review period; and

(d) any additional information the Librarian Member may wish to include.

21A.9.2 Librarian Members report on time spent on leave as outlined in Article 21A.3.

21A.10 PARs of Program Chairs

21A.10.1 In addition to the requirements for Faculty Members, the PARs of Program Chairs shall include the

following information:

(a) a record of accomplishments and activities related to the management and administration

of the academic program, including (but not limited to):

• day-to-day administration of the Program including budgeting, facilitating collegial

relations, mentoring faculty, student issues, timetabling;

• Program activities;

• Program policies initiated and implemented;

• appointment recommendations;

• curriculum reviews;

• Program reviews;

• relationships with professional or regulatory bodies or organizations that relate to

the mandate of the Program; and

• a statement of objectives with respect to future Program activities and initiatives.

(b) any additional information the Program Chair may wish to include.

21A.10.2 Program Chairs report on time spent on leave as outlined in Article 21A.3.

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21A.11 Review of Reports

21A.11.1 The purposes of reviews of reports are to provide:

(a) a review of performance that allows recognition of a Member’s achievements and identifies

areas for development in the Member’s Professional, Teaching, Research, and/or Service

activities, as appropriate to the Member’s Academic Responsibilities and Workload;

(b) formative support and mentoring (as outlined in Article 72.3.1 (a)); and

(c) a basis for the Dean’s or Associate Vice President Division of Medical Sciences deciding,

under 21C.1, to recommend a grid step for satisfactory performance or to initiate a

performance evaluation of a member; and

(d) evidence for promotion and tenure/continuance deliberations as per Article 22.6.3.1.

21A.12 Review of the PAR

21A.12.1 The PAR review shall be based solely on the duties and responsibilities that have been assigned to

the Member.

21A.12.2 On receipt and after review of the Member’s report, the immediate supervisor of each Member, as

defined in Article 21A.2.3, is responsible for providing written, formative feedback on the Member’s

report that will include:

(a) comment on progression to Tenure and promotion for Faculty or to Continuing and

promotion appointments for SIs, SLIs or Librarian Members, where applicable, including

comment on the Member’s objectives for the coming review period where appropriate; and

(b) comments and suggestions to assist the Member in their assigned duties leading to

successful career progression, including comment on the Member’s objectives for the

coming review period where appropriate.

21A.12.3 The final version of the Member’s report and supervisor’s formative feedback letter will be sent to

the Member and a copy signed by both the immediate supervisor and the Member will be placed in

the Member’s OPF.

21A.12.4 The signature of the Member is required and indicates that the Member has read the supervisor’s

formative feedback. The Member may submit a rebuttal memorandum to their supervisor if the

Member disagrees with the formative feedback provided by the immediate supervisor. The rebuttal

memorandum will be placed in the Member’s OPF.

21A.13 Timelines and Procedures for Faculty, Full-time Term Instructors’, Senior Instructors’, and

Senior Laboratory Instructors’ Meetings with the Immediate Supervisor

21A.13.1 For Regular Term appointments (Article 14.2.1) and Full-time Term Instructor appointments (Article

14.2.2), Faculty Members other than Program Chairs, SIs, and SLIs affiliated with a Program, the

following procedures shall apply.

21A.13.2 By March 15, the immediate supervisor shall issue a draft formative feedback letter to the Member.

21A.13.3 The immediate supervisor shall meet with each Member in their academic unit to discuss the

feedback in the areas outlined in Articles 29, 32, 34, or 35 as appropriate.

21A.13.4 Following the meeting, the draft formative feedback letter will be modified where appropriate to

reflect the discussions between the immediate supervisor and the Member. This final version will

be sent no later than April 30 to the Member and shall be signed by both the immediate supervisor

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and the Member. A signed copy will be sent to the Dean and may be used as the basis for the

Dean’s deciding, under 21C.1, to recommend a grid step for satisfactory performance or to initiate

a performance evaluation.

21A.14 Timelines and Procedures for Librarian Members’ Meetings with the University Librarian

21A.14.1 For all Librarian Members the following procedure shall apply.

21A.14.2 By March 15 of a review year, the University Librarian shall issue to the Librarian Member a draft

formative feedback letter.

21A.14.3 The University Librarian shall meet with the Librarian Member to discuss performance in the areas

of outlined in Article 31.

21A.14.4 Following the meeting between the University Librarian and the Librarian Member, the draft

formative feedback will be modified where appropriate to reflect the discussions between the

University Librarian and the Librarian Member. This final version will be sent no later than April 30

to the Librarian Member. The letter will be signed by both the University Librarian and the

Librarian Member and may be used as the basis for the University Librarian’s deciding, under

21C.1, to recommend a grid step for satisfactory performance or to initiate a performance

evaluation.

21A.15 Timelines and Procedures for Program Chairs’ Meetings with the Dean

21A.15.1 By April 15, the Dean will provide the Chair with a draft formative feedback letter based on the

Chair’s PAR and Chair’s assigned duties and responsibilities.

21A.15.2 By April 30, the Dean will meet with the Program Chair to discuss the feedback.

21A.15.3 Following the meeting, the Member’s Report and Dean’s formative feedback letter will be sent back

to the Program Chair with a copy to the OPF. This final version will be sent no later than April 30 to

the Program Chair. The letter will be signed by both the Dean and the Program Chair and may be

used as the basis for the Dean’s deciding, under 21C.1, to recommend a grid step for satisfactory

performance or to initiate a performance evaluation. The Member may submit a rebuttal

memorandum to their supervisor if the Member disagrees with the formative feedback. The rebuttal

memorandum will be placed in the Chair’s OPF.

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ARTICLE 21B: COMPONENTS OF EVALUATION FOR TEACHING MEMBERS

21B.1 Teaching Evaluations

There is a distinction between course surveys initiated and conducted by the Member, and

teaching evaluations initiated by the Employer that are used to improve the Member’s performance

and teaching effectiveness.

21B.1.1 Course Surveys Initiated by the Member

In order to improve course design or teaching effectiveness, a Member may conduct a written

survey of their teaching performance in their classes provided that the students consent to

participate in the survey, and provided that the procedures of the survey protect student

confidentiality. Results of such student opinion surveys may be included in PARs, application for

Tenure or Continuing appointment, or applications for promotion, but no negative inference shall be

drawn if surveys are not included.

21B.1.2 Teaching Evaluation by Peers

(a) Evaluation of teaching by one's peers is designed to provide constructive assistance to

Members with respect to teaching techniques;

(a.1) Peer review must be conducted in advance of and included in the application for and

consideration of Tenure or Continuing appointment. During the academic year preceding

the application, a peer reviewer shall be selected by the Program Chair, in consultation

with the Member, from among a roster of Trained Teaching Members maintained by the

Centre for Teaching, Learning, and Technology. The roster will contain no fewer than one

appointee from each faculty and the DMS. Peer review is considered academic,

professional and/or University community service and will be recognized in accordance

with 30.3.2(d).

(b) Peer review should also be conducted if requested by any of: the Member, the Program

Chair, or the Dean. The review may be carried out by the Program Chair. Alternatively,

the review may be carried out by a senior Faculty Member selected by the Program Chair

in consultation with the Dean. Selection of the senior Faculty Member shall be with the

consent of the Member. Program Chairs should be peer evaluated by their Deans.

(b.1) Peer review may, but does not necessarily include:

(i) review of the member's teaching dossier, teaching materials and course outlines;

(i) review of teaching materials and course outlines;

(ii) interviews with students or with the Member;

(iii) review of student performance or student work; and

(iv) classroom visits.

(c) The peer reviewer will meet with the Member to discuss constructively the results of the

peer evaluation. In addition, a written report of the evaluation will be provided to the

Member, to which the Member may respond in writing; and

(d) All documentation related to a peer review requested by the Dean or Program Chair will

form part of the Member’s OPF. Peer reviews conducted at the request of the Member or

for the purposes of tenure or continuing appointment may be placed in the OPF at the

option of the Member.

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21B.1.2.1 Article 21B.1.2 should not be read as overriding Academic Freedom (Article 2) which guarantees a

Member’s right to freedom of teaching and discussion.

21B.1.3 Complaints

21B.1.3.1 Complaints about a Member’s teaching may be taken into consideration only when they have been

investigated as per Article 45A and found to be valid.

21B.2 Evaluation of Scholarly Activity and Productivity of Faculty Members and Regular Term

Members

21B.2.1 Programs shall define expectations regarding scholarly activity. In addition, there may be Faculty-

wide and/or University-wide expectations agreed to by the Faculty Council and/or Senate,

respectively. Such expectations could include, but are not limited to number and quality of

publications (peer reviewed and non-peer reviewed) typical in that discipline, number and type of

scholarly performances or other activities, research grants or contracts applied for and received,

performance of supervised graduate students, invited talks to professional or peer groups, poster

presentations, and other methods of scholarly dissemination.

21B.2.2 The purpose of Article 21B.2.1 is primarily educational, that is, to educate faculty and committee

members across disciplines as to the range of activities that constitute scholarly activity within

specific disciplines. Program and Faculty expectations of scholarly activity shall be given due

consideration by all recommendatory and decision-making bodies in the Tenure and Promotion

process. The Scholarly Expectations Document may also clarify aspects of disciplinary cultures

and practices (which may include, but are not limited to the role of co-authorship and single

authorship, the significance of the order in which co-authors are listed, and the role of reviews,

editorial work, and artistic creations) that facilitate a fair assessment of a Faculty Member’s

scholarly activity.

21B.2.3 Article 21B.2.1 should not be read as overriding Academic Freedom (Article 2) which guarantees a

Member’s right to choose freely areas of research. Article 21B.2.1 does not replace or circumvent

the provisions for Tenure and Promotion named in Articles 22.2.1, 22.13.1.1(d)(ii), 22.13.2.2(b), or

22.13.4.1(c).

21B.2.4 Programs shall review and revise as required their scholarly expectations documents at least once

every three (3) years. These revisions will be subject to the approval of the appropriate Faculty

Evaluation Committee (FEC). The FEC is comprised of the Faculty Dean, all the Chairs in the

Faculty, and one Chair from another Faculty. If more than one (1) Chair from other Faculties

volunteers for the FEC, the Chairs from within the Dean’s Faculty will elect the external Chair

representative.

21B.3 Evaluation of Service

21B.3.1 For all Members who are required, according to their duties and responsibilities, to contribute to the

academic functioning of UNBC, participation in Program, Faculty and University deliberative bodies

will be evaluated. In addition, service to the broader academic community and involvement in the

links between UNBC, the profession and the public will be evaluated. Service to the Faculty

Association is specifically included in this Article (see Article 29.10).

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ARTICLE 21C: PERFORMANCE EVALUATIONS OF MEMBERS

21C.1 Performance

21C.1.1 As per Article 21A.12, on receipt of the Member’s PAR, Supervisor’s formative review, and rebuttal

memorandum, the Dean or University Librarian will review the materials and make written

recommendation, with justification, on whether the Member’s performance is satisfactory. For

Division of Medical Sciences Members, the Associate Vice President Division of Medical Sciences

will make the written recommendation. By May 15, the Dean or University Librarian will send a

copy of the written recommendation to the Member and Member’s Supervisor, where applicable.

21C.1.2 Where the recommendation of the Dean or University Librarian is that the Member’s performance

is satisfactory, a Grid Step shall be awarded annually on July 1 provided the Member’s

performance is deemed satisfactory as per Article 21C. The actual amount of the grid step shall be

to the tables in Appendix 48A. For the duration of this Agreement, a gird step unit shall be applied

according to Article 48.1.6.

21C.2 Where the recommendation of the Dean or University Librarian is that the Member’s performance

is unsatisfactory, the Dean or University Librarian or the Associate Vice President Division of

Medical Sciences will forward the Member’s PAR, rebuttal memorandum, Supervisor’s formative

review and memorandum of evaluation to the Office of the Provost by May 15.

21C.2.1 The evaluation shall be based solely on the duties and responsibilities that have been assigned to

the Member. The Member shall have the right to present additional material they deem relevant

and to meet with the Provost.

21C.2.2 Where the Provost determines that the Member’s performance is satisfactory, the Member is

deemed eligible for the awarding of a grid step.

21C.2.3 Where the Provost determines that the Member’s overall performance is unsatisfactory, the

Provost shall provide enough detail in their written decision that the Member could reasonably

know which aspects of performance need improvement.

21C.2.4 If the Provost determines that the Member’s overall performance is unsatisfactory, then a grid step

shall be withheld.

21C.2.5 If, at the end of the next review cycle, the Member’s Dean or University Librarian or the Associate

Vice President Division of Medical Sciences recommends a grid step, the Member may apply to the

Provost for an additional grid step to compensate for the grid step that was withheld. If the Provost

decides that the Member’s achievements for the current review period have addressed the

concerns that led to the unsatisfactory performance, the Provost may restore the salary the

member would have received had the member been deemed satisfactory. Under no

circumstances will the lost grid steps be recovered for the period of unsatisfactory performance.

21C.2.6 A Member whose performance has been deemed unsatisfactory shall seek to improve their

performance.

21C.2.7 The Supervisor or University Librarian shall make reasonable efforts to provide assistance to the

Member in improving performance.

21C.2.8 A Member whose performance has been deemed unsatisfactory shall submit a written performance

update in February of the following year.

21C.2.9 The performance update is intended to inform the Chair and Dean, Associate Vice President

Division of Medical Sciences or University Librarian, of the Member’s progress to improve

performance.

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21C.2.10 By March 31 following the submission of the performance update, the Member shall meet with both

the Chair and Dean, the Associate Vice President Division of Medical Sciences or University

Librarian, to discuss the performance update and to receive mentoring or advice for continued

progress.

21C.2.11 If a Member’s performance is found unsatisfactory in two of the last three reviews, the Provost shall

review all written materials relating to the last three reviews.

21C.2.12 The Member may meet with the Provost and submit additional material that the Member deems

relevant.

21C.2.13 Should the Provost decide that further action is warranted, they may recommend to continue

remediation or to proceed to discipline according to Article 45B.

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ARTICLE 22: RENEWAL, TENURE AND PROMOTION OF FACULTY

22.1 Renewal

22.1.1 A Tenure-track appointment in any rank is an appointment for three (3) years, which will be

renewed once for a further three (3) years if the renewal criteria are met, which renewal entitles a

Faculty Member at the rank of Assistant Professor or above to be considered for Tenure at the

times governed by Articles 22.3.5, 22.3.8, and 22.3.10.

22.1.2 The purpose of a Tenure-track appointment is to provide a period of probation and appraisal prior

to consideration for Tenure. Professional Activity Reports, as outlined in Article 21, and the

renewal process will provide Faculty Members with feedback concerning their development and

performance in the areas of teaching, research and service.

22.1.3 The criteria for renewal after the initial appointment are: satisfactory teaching and scholarly activity,

satisfactory contribution to the life of the academic unit and, for Faculty Member's appointed at or

above the rank of Assistant Professor, completion of the doctorate or equivalent, if, by exception,

such was pending at the time of initial appointment. Extension of a Tenure-track appointment

beyond a sixth (6

th

) year is governed by Articles 22.3.10 and 22.1.4.

22.1.4 Initial Tenure-track appointments for members without the doctorate or terminal degree will be as a

Lecturer for a term of three (3) years. Upon completion of the doctorate or terminal degree, the

appointment converts to that of an Assistant Professor. When an appointment is so converted, the

Member is not required to apply for Tenure until five (5) years after the conversion of the position to

that of an Assistant Professor. If there is no evidence that the terminal degree will be completed

within six (6) months of the end of the initial contract, the member will be given notice that the

contract will not be renewed. At the request of the Member, Chair and Dean, the Provost may grant

a further extension of up to one (1) year. The Provost’s decision is final.

22.1.5 In the third (3

rd

) year of a Tenure-track appointment, the Program Chair of the Faculty Member

shall provide a written recommendation to the Dean, with a copy to the Faculty Member and the

Association, on whether the Faculty Member has met the criteria for renewal as specified above.

The Chair’s recommendation should be discussed with the Member prior to submission to the

Dean. The Faculty Member shall then be afforded an opportunity to comment to the Dean on the

recommendation of the Program Chair in written form. The Dean shall then make a decision,

based on the criteria, either to renew or not to renew the appointment. The Dean shall convey this

decision in writing with reasons based on an assessment of the strengths and areas for

improvement of a Faculty Member’s record of performance to the Faculty Member and a copy to

the Association no less than six (6) months prior to the end of the first three (3)-year appointment.

In the case of Members of the Division of Medical Sciences, the Associate Vice President Division

of Medical Sciences will make the recommendation after discussion with the Member. A copy of

this report will be placed in the Member’s OPF. The Dean of the Associate Vice President Division

of Medical Sciences’ decision is grievable.

22.2 Definition of Tenure

22.2.1 Tenure signifies the right of a Faculty Member to a permanent appointment which may be

terminated only through:

(a) resignation;

(b) retirement;

(c) reasons of Program redundancy or financial exigency as provided for under Articles 9 and

10;

(d) dismissal for just cause as provided by Article 45; or

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(e) performance below expectation as per Article 21C.

22.3 Progression to Tenure

22.3.1 A Faculty Member holding a Tenure-track appointment must be considered for Tenure not later

than the fifth (5

th

) year of their Tenure-track appointment, with the exception of Faculty Members

whose appointments fall within the provisions of Articles 22.3.8 and 22.3.10. Faculty Members who

have not yet commenced the fifth (5

th

) year of their Tenure-track appointment on Tuesday after

Labour Day, may delay their application for Tenure to the following year upon written request to

their Program Chair by June 15, who shall inform the Dean. The Dean will forward a copy of the

request to the Faculty Member’s Official Personnel File. For the Division of Medical Sciences

Members, the Associate Vice President Division of Medical Sciences will act as the Chair.

22.3.2 A Member appointed in a Tenure-track appointment at the rank of Lecturer, and who has not yet

completed the terminal degree, will be required to apply for Tenure within the timelines outlined in

Article 22.1.4.

22.3.3 When a Faculty Member has been considered for Tenure, they must be notified of the UPTC’s

recommendation to the President by December 15, and notified of the President’s recommendation

on or before January 15 of the academic year in which they were considered.

22.3.4 An appointment with Tenure may be a Faculty Member's initial appointment. In such cases, the

ASC of the appropriate Program will make a recommendation to the Dean who in turn will make a

recommendation to the Provost. The President's recommendation to the Board of Governors shall

be based on this information.

22.3.5 A Faculty Member's application for Tenure will not be considered unless they have received a

Tenure-track appointment, except as provided in Article 22.3.4. The normal time for Tenure

consideration is in the fifth (5

th

) year of a Tenure-track appointment, but a Faculty Member is

entitled to apply for Tenure once at any time before the fifth (5

th

) year if the Faculty Member

believes that the criteria in Article 22.13.1 or 22.13.7 have been met.

22.3.6 The Parties agree that each year between March 30 and June 1 the Joint Committee will organize

an open session to advise members of the Tenure and promotion processes and deadlines.

22.3.7 The Joint Committee will meet with FPTC and UPTC to discuss the process and criteria for

promotion and Tenure each year prior to the commencement of evaluating the applications.

22.3.8 Any Faculty Member whose Tenure will be considered in a given year shall submit all necessary

documentation to the Faculty Member's Dean no later than the Tuesday after Labour Day of the

academic year during which the consideration will take place. It shall be the Member’s

responsibility to make sure that all information submitted for review as part of the dossier of

materials is complete. Pertinent new material received after the Tuesday after Labour Day, such as

the publication of an additional book or article, the receipt of a grant, a published review of the

candidate’s work, etc., can be submitted to the FPTC or UPTC.

22.3.9 Any recommending entity shall base its recommendation exclusively upon the information and

documentation provided for in Articles 22.3.5, 22.6.3.1, 22.6.3.3, 22.6.3.4, 22.6.3.5, 22.6.3.6 and

22.6.3.7.

22.3.10 A Faculty Member may make application to the Dean for extension of a Tenure-track appointment,

by either one (1) or two (2) years, where the Faculty Member has been granted leave for reasons

of medical or family responsibilities or ASL. The extension of a Tenure-track appointment shall be

granted upon receipt of such an application.

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22.3.11 For any Faculty Member who has made application for early consideration for Tenure, the

recommendation shall be:

(a) to grant Tenure, or

(b) to defer the decision to the sixth (6

th

) year of a Tenure-track appointment, at which time the

only possible outcomes are to grant Tenure or to refuse Tenure.

22.3.12 For any Faculty Member who has not made an application for early consideration for Tenure, and

consequently for whom Tenure is considered in the Faculty Member's fifth (5

th

) year of a Tenure-

track appointment, the recommendation shall be:

(a) to grant Tenure, or

(b) to deny Tenure, in which case the Faculty Member may not be considered again, but shall

be entitled to fulfill the remainder of the Tenure-track appointment, or

(c) to defer the decision to the sixth (6

th

) year of a Tenure-track appointment, at which time the

only possible outcomes are to grant Tenure or to refuse Tenure.

22.3.13 Tenure, when granted by the Board of Governors, shall become effective on the July 1 following

the decision.

22.4 Progression to Promotion

With the exception of Article 22.13.2.2, application for promotion is initiated by the individual

Faculty Member who shall submit the application to the Dean of the Faculty Member's Faculty.

22.5 Tenure and/or Promotion Application and Assessment Deadlines

With the exception of alternative dates established by the mutual consent of the Faculty Member

and the University, the final dates for application and for each step of the assessment process for

promotion and Tenure, including the final recommendations of each assessment level pursuant to

the preceding clauses of this Article, shall be as set out in Table 1 below.

Table 1. Tenure and/or Promotion Application and Assessment Deadlines

a) Member submits Letter of intent to Dean or University Librarian for promotion and/or

Tenure and annotated list of nine external referees;

i) SIs, SLIs, Librarian applicants need to specify what they are applying for (e.g., Continuing

and/or Promotion)

ii) Tenure/Tenure-track Faculty need to specify what they are applying for (e.g., Tenure

and/or Promotion), provide an annotated list of nine external referees, and include the

name of a rotating member decided upon in consultation with the Chair.

June 15

b) FPTC meet to select external referees

July 15

c) Deadline for the Dean to receive complete application from the Member

The application package may be shared with external reviews on a password-protected

SharePoint site.

Tuesday after Labour Day

d) Deadline for the Program Chair to receive complete application materials from the Dean

Monday after Labour Day

e) Deadline for notification to the Member of the recommendations of the FPTC and Program

Chair

October 31

f) Deadline for UPTC to receive the recommendations of the Program Chair and FPTC and

supporting documentation

November 15

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g) Deadline for notification to the Member of the recommendation of UPTC (positive and

negative recommendation)

January 15

h) Deadline for the President to receive the recommendation of the UPTC (positive

recommendation)

January 15

i) Deadline for the Member to provide notice of intent to appeal to UPTAC (negative

recommendation from UPTC)

February 7

j) Deadline for the Member to submit appeal package to appeal package to UPTAC (negative

recommendation from UPTC)

February 14

k) Deadline for the Member to receive report from the President (positive recommendation)

February 14

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Figure 1. Route for Promotion and/or Tenure Recommendations and Decision following a Faculty

Member's application:

Chair's Recommendation with

Program's and Faculty’s

Scholarly expectations

consistent with Article 21B.2

2121B.1.8.1

Referees’ Letters

FPTC Recommendation

UPTC

Recommendation

President's

Recommendation

UPTAC

Recommendation

Board of

Governors

Arbitration

Termination at end of

appointment if tenure

denied

Negative

Decision

Negative

Decision

Negative

Decision

Negative

Decision

Positive

Decision

Positive

Decision

Positive

Decision

Positive

Decision

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22.6 Faculty Promotion and Tenure Committee

22.6.1 The Faculty Promotion and Tenure Committee (FPTC) shall make recommendations to the

University Promotion and Tenure Committee (UPTC) on tenure, promotion, and any other such

matters as may be referred to it by this Agreement.

22.6.2 Membership of FPTC

22.6.2.1 The FPTC shall consist of seven (7) members as follows:

(a) the Dean, who shall chair the committee and vote;

(b) four (4) Tenured Faculty Members elected by the Faculty, by secret ballot, at least two (2)

of whom shall be Associate and at least two (2) of whom shall be Full Professors, and one

(1) of whom shall be from another Faculty; all of whom shall serve a term of two (2) years.

Elections will be held prior to the end of the Winter Term and candidates will provide a brief

biography;

(c) one (1) rotating Faculty Member, who if Tenured shall be a voting member, appointed by

the Chair of the Faculty Member's Program in consultation with the Faculty Member. This

member shall be chosen from the Faculty Member's discipline and will provide relevant

expert advice on issues related to the discipline. The rotating member is intended to be an

impartial adjudicator, not an advocate for the Faculty Member. If no Faculty Member is

available to act as member of the FPTC, a rotating member may be appointed who holds

an appointment as Professor Emeritus or as Adjunct Faculty or who is affiliated with

another academic institution. The rotating member shall be a voting member of the FPTC

if Tenure is held with another institution; and

(d) one (1) Tenured Faculty Member appointed by the Faculty Association.

(e) should a member of the Division of Medical Sciences apply for tenure and/or promotion,

they will apply to the Faculty of Human and Health Sciences FPTC, which will include one

(1) additional Tenured Division of Medical Sciences Faculty Member. In such cases, the

Faculty of Human and Health Sciences FPTC will consist of eight (8) members.

(f) should a member of FPTC be unable to continue with their appointment to FPTC, the Party

first making the appointment shall have the right to appoint a replacement for the

application(s) in question. Replacements will only be allowed prior to fifteen (15) working

days before the FPTC convenes to consider the complete file of the applicant, as

described in Article 22.6.3.7. Should this replacement occur as a function of a Conflict of

Interest or an Apprehension of Bias as described in Article 5 the replacement will only

consider the application(s) in question.

22.6.2.2 The FPTC shall elect a Faculty Member from members to assist the Chair as spokesperson of the

FPTC in meeting with the UPTAC.

22.6.2.3 A Faculty Member's Program Chair cannot be a member of FPTC for that Faculty Member.

22.6.3 Procedures for the Faculty Promotion and Tenure Committee

22.6.3.1 An application for promotion and/or early Tenure shall be made in writing by the Faculty Member,

and shall be sent to the responsible Dean on or before the date specified in Article 22.5. The

application shall be accompanied by:

(a) an up to date curriculum vitae (per Article 21A.5.3);

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(b) Professional Activity Reports and Program Chair’s formative feedback for the past five (5)

years;

(c) copies of a maximum of eight (8) significant examples of scholarly work;

(d) a cover letter indicating that the Member has reviewed the OPF and which summarizes the

Member's teaching, scholarly and service contributions to the Program, the Faculty, and

the UNBC community, and where demonstrated, to the discipline, profession and to the

community at large. This summary should be based on the criteria for promotion and

Tenure;

(e) approved University, Faculty, or Program documents related to the expectations about

scholarship, including those contained in Article 21B.2;

(f) other such documentation from the OPF or other sources as the Member considers as

evidence of fulfillment of the criteria shall be submitted as an appendix and the appendix

shall only be used by University committees;

(g) any documentation that exists regarding a modification of the normal distribution of

workload between teaching, scholarship, and service; and

(h) peer review as per Article 21B.1.2 and teaching dossier.

22.6.3.2 The names of nine (9) potential referees, as per Article 23 and Table 1 of this Article, shall be

submitted by the Faculty Member to the Dean by June 15 with the initial notice of application for

promotion and/or Tenure.

22.6.3.3 This will constitute the full record as submitted by the Faculty Member for all stages of the process

including appeal unless otherwise specified as per Articles 22.6.3.7, 22.7.3.4 and 22.11.3. The

Faculty Member shall provide sufficient information for any recommending entity to make an

evaluation and recommendation with respect to the criteria. Pertinent material can be submitted to

the FPTC in accordance with Article 22.3.8. The responsibility for the completeness of the

materials submitted from the OPF or other sources is the Member’s.

22.6.3.4 Within five (5) days of receiving an application, the Dean shall forward the application and

supporting documentation provided by the Faculty Member, (or in the case of automatic

consideration for Tenure, as of the Tuesday after Labour Day of the current academic year) to the

Chair of the Program, or the Appointed Chair as referenced in Article 22.6.3.6. The OPF will be

made available to the Chair for review. Normally, consideration of the merits of the application may

proceed as long as a minimum of two (2) letters of reference are available.

22.6.3.4.1 For the purposes of this Article, the Division of Medical Sciences shall be considered an Academic

Unit with three streams: the Northern Medical Program, the Master of Physical Therapy-North and

the Master of Occupational Therapy-North. For these Programs, the Associate Vice President,

Division of Medical Sciences shall be considered the Chair. UNBC will request from the Chair a

formal review of the educational, service and research contributions of the individual, and such

formal review will be included in the FPTC review for any tenure and/or promotion decision.

22.6.3.5 Within five (5) days of the receipt of material under Article 22.6.3.4 the Chair of the Program with

which the Faculty Member is affiliated shall write a letter of recommendation for the Faculty

Member and forward it to the Chair of the FPTC with a copy to the Faculty Member. The Program

Chair will evaluate the Faculty Member's record with reference to the criteria which the Program

and Faculty have developed in accordance with Article 21 and the materials provided to the Chair

of the FPTC, and shall attach to their recommendation a copy of those criteria.

22.6.3.5.1 In the case of Northern Medical Program Faculty, within twenty (20) days of the receipt of material

under Article 22.6.3.4.1 the Vice Dean Education (Faculty of Medicine UBC) shall write a letter of

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recommendation for the Faculty Member and forward it to the Chair of FPTC with a copy to the

Faculty Member. For the Master of Physical Therapy-North, the UBC Department Head for

Physical Therapy will write this review. For the Master of Occupational Therapy-North, the UBC

Department Head for Occupational Science and Occupational Therapy will write this review. The

application will be evaluated on the basis of the contribution of the Faculty Member to respective

the undergraduate program of the UBC Faculty of Medicine.

22.6.3.6 The FPTC shall give due consideration to the recommendations of Program Chairs, except that

when the Faculty Member is a Program Chair or when the Program Chair is in a conflict of interest,

the FPTC shall proceed without a recommendation from the Program Chair. In this event, the

Dean in consultation with the Faculty Program Chairs shall appoint another Program Chair. The

Faculty Member under consideration for promotion and/or Tenure shall provide the names of three

(3) UNBC Faculty Members whom the Member believes are most knowledgeable about the

Member’s field. Within five (5) days of receipt of the material under Article 22.6.3.4, the appointed

Chair will consult with these Members and submit to the Dean a written assessment of the

candidate based on the criteria in this Agreement. As an alternative, Program Chairs may choose

to proceed using a recommendation from the responsible Dean. In this event, the Dean shall not be

a member of the FPTC that considers the application of the Chair.

22.6.3.7 The Faculty Member shall be invited to appear before the FPTC to present any further evidence

and/or supporting information, oral and/or written that they deem appropriate. The Faculty Member

shall have the right to be accompanied by one (1) individual of their choice.

22.6.3.8 The FPTC shall assess the Faculty Member’s overall record of performance using the criteria

pursuant to this Article. The FPTC shall submit a written report explaining its recommendation.

The report shall include the rationale for its recommendation. The rationale shall be supported by

substantive and clear reference to the qualifications by rank, and criteria for Tenure and/or

promotion, and shall be sufficiently specific to enable the applicant to know the basis for the

recommendation. The report of the FPTC shall include a numerical record of the vote upon which

the recommendation is based.

22.6.4 Referees

22.6.4.1 In the case of any application for Tenure or promotion, the Faculty Member shall provide a list of

nine (9) external referees from which the FPTC shall choose three (3) names and solicit

recommendations in accordance with Article 23.

22.6.4.2 Referees will be informed that a recommendation for promotion from Associate Professor to

Professor requires that a Faculty Member's scholarly or professional achievements are of sufficient

significance to be recognized nationally or internationally.

22.6.5 Voting

(a) six (6) voting members constitute a quorum and shall vote on the application;

(b) all voters shall vote yea or nay;

(c) secret ballot shall be used;

(d) the motion shall be framed in the affirmative: that the Faculty Member be granted

promotion or Tenure;

(e) for Faculty Members in the fifth (5

th

) year of a Tenure-track appointment, in the case of a

negative vote on Tenure, a second motion regarding Career Path Considerations as per

Article 22.13.7.2, shall be framed in the affirmative: that the Faculty Member be granted

Tenure as per Career Path Considerations. In the case of a negative vote on this second

(2

nd

) motion, a third (3

rd

) motion shall be framed in the affirmative: that the Faculty Member

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be granted a deferral for consideration of Tenure until their sixth (6

th

) year. The FPTC shall

vote on these motions using the procedures set out in Article 22.6.5;

(f) for Faculty Members applying for Promotion, in the case of a negative vote on Promotion, a

second (2

nd

) motion regarding Career Path Considerations as per Article 22.13.7.2, shall

be framed in the affirmative: that the Faculty Member be granted Promotion as per Career

Path Considerations. The FPTC shall vote on these motions using the procedures set out

in Article 22.6.5;

(g) the FPTC's recommendation shall be determined by a simple majority and failure to obtain

a majority on the motion results in the defeat of the motion and a negative recommendation

shall go forward, unless, in the case of promotion or early Tenure, the Faculty Member

wishes to withdraw the application;

(h) in the case of a withdrawal of an application for promotion or early Tenure pursuant to this

Article, such withdrawal shall be without prejudice to the Member and the application

material shall not be entered into the OPF;

(i) the ballots shall be the official record of the vote and shall not be destroyed until a final

decision including completion of any appeal is made on the Faculty Member's application

for promotion or Tenure; and

(j) where the distribution of workload for a Member has been adjusted from the normal forty-

forty-twenty percent (40-40-20%) for teaching, scholarship, and service, the FPTC must

demonstrate that it has taken those adjustments into account when voting.

22.6.6 Actions Subsequent to Voting

22.6.6.1 By the date specified in Article 22.5 the Faculty Member shall be informed by the Dean of the

recommendation of the FPTC and the Program Chair, and shall be provided with a numerical

record of the vote upon which the recommendation of the FPTC is based. All recommendations

shall include a written statement of reasons for that recommendation. If the recommendation of the

FPTC is negative or is not unanimous, the statement shall include all reasons supporting and

opposing the recommendation. Reasons shall relate only to the criteria for Tenure or promotion.

22.6.6.2 By the date specified in Article 22.5, the Dean shall forward the application and supporting

documentation, along with recommendations and reasons of the Program Chair and the FPTC, and

copies of all correspondence with the Faculty Member and referees to the chair of the UPTC and to

the President.

22.6.6.3 The FPTC shall keep a record of minutes and they shall constitute the official record. The minutes

shall be approved by the FPTC and shall be placed in a file in the office of the Provost. Included in

the minutes shall be records of all FPTC proceedings and the information referred to in Article

22.6.6.1.

22.7 The University Promotion and Tenure Committee

22.7.1 The University Promotion and Tenure Committee (UPTC) shall make recommendations on Tenure,

promotion, and other such matters as may be referred to it by this Agreement. The primary

function of the UPTC is to ensure consistent quality in the processes followed by FPTCs in making

assessments and decisions. UPTC will ensure that the FPTC’s decisions are applied fairly and

consistently across the University. UPTC can send the recommendation back to FPTC for

reconsideration if the process is flawed.

22.7.2 Recommendation on the granting of Tenure and of promotions in rank to Faculty Members shall be

made by the UPTC after giving due consideration to the materials identified in Articles 22.3.5,

22.6.3.1 and 22.6.6.3 and the recommendations of:

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(a) the Faculty Promotion and Tenure Committee (FPTC), Librarian Promotion Committee

(LPC), or Senior Instructor Appointment and Promotions Committee (SIAPC), or Senior

Laboratory Instructor Appointment and Promotions Committee (SLIAPC), as applicable.

(b) the Program Chair; and

(c) the external referees, where applicable

22.7.3 Membership

22.7.3.1 The UPTC shall consist of eight (8) members as follows:

(a) the Provost who shall chair the Committee;

(b) a Dean or designate who has not participated in the FPTC process for that year and who

has not also applied for promotion will be appointed by the Provost;

(c) five (5) Tenured Faculty Members, who shall be Associate or Full Professor, one elected

by secret ballot by each Faculty, all of whom shall serve a two-year term. Each Faculty

shall also elect an alternate Faculty Member in the event that an elected Faculty Member is

unable to carry out required Committee responsibilities. Elections will be held prior to the

end of the Winter term and candidates will provide a brief biography;

(d) one (1) Tenured Faculty Member appointed by the Faculty Association or if the candidate

is a Librarian Member, Senior Instructor, or Senior Laboratory Instructor, one (1)

Continuing Librarian, Senior Instructor, or Senior Laboratory Instructor Member appointed

by the Faculty Association, as appropriate to the applicant’s appointment category.

22.7.3.1.1 The UPTC shall elect a Faculty Member to assist the Chair as spokesperson of the UPTC in

meeting with the UPTAC.

22.7.3.2 No Faculty Member shall be a member of the UPTC during the academic year in which they are to

be considered for promotion.

22.7.3.3 Members who are not members of the UPTC ex-officio shall normally hold a two (2)-year term.

22.7.3.4 In the event that any recommendation to the UPTC from FPTC is negative, the Faculty Member

shall be allowed to make written or oral submissions to the UPTC for the purpose of presenting any

further information they deem appropriate. At this stage, applicants may explain and elaborate on

existing material, and consistent with Article 22.6.3.3 may add new material to the file.

22.7.3.5 The UPTC's recommendation shall be based only on documentation as allowed in this Article, to

which the UPTC shall give due consideration. The UPTC's recommendation shall include a written

summary of the reasons for its recommendation, specifying all reasons in support and in opposition

and a numerical record of the vote upon which the recommendation is based.

22.7.3.6 The UPTC shall keep minutes of its meetings and they shall constitute the official record. The

minutes shall be approved by the members of the UPTC and placed in a file in the Office of the

Provost. Included in the minutes shall be records of all UPTC's proceedings, including the

information referred to in Article 22.7.3.5.

22.8 Voting

22.8.1 (a) six (6) voting members constitute a quorum, and all members present shall vote on any

application;

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(b) the motion shall be framed in the affirmative: That the Faculty Member be granted

promotion or Tenure;

(c) secret ballot shall be used;

(d) all voters shall vote yea or nay;

(e) the UPTC's recommendation shall be determined by a simple majority and failure to obtain

a majority on the motion results in the defeat of the motion and a negative recommendation

shall go forward;

(f) for Faculty Members in the fifth (5

th

) year of a Tenure-track appointment in the case of a

negative vote on Tenure a second (2

nd

) motion regarding Career Path Considerations as

per Article 22.13.7.2 shall be framed in the affirmative: that the Faculty Member be granted

Tenure as per Career Path Considerations. In the case of a negative vote on this second

(2

nd

) motion, a third (3

rd

) motion shall be framed in the affirmative: that the Faculty Member

be granted a deferral for consideration of Tenure until their sixth (6

th

) year. The UPTC's

recommendation shall be determined by a simple majority;

(g) for Faculty Members applying for Promotion, in the case of a negative vote on Promotion, a

second (2

nd

) motion regarding Career Path Considerations as per Article 22.13.7.2 shall be

framed in the affirmative: that the Faculty Member be granted Promotion as per Career

Path Considerations. The UPTC’s recommendation shall be determined by a simple

majority;

(h) the ballots shall be the official record of the vote and shall not be destroyed until a final

decision is made on the Faculty Member's application for promotion or Tenure, including

any appeal process; and

(i) where the distribution of workload for a Member has been adjusted from the normal forty-

forty-twenty percent (40-40-20%) for teaching, scholarship, and service, the UPTC must

demonstrate that it has taken those adjustments into account when voting.

22.9 Action Subsequent to Voting

22.9.1 The UPTC shall recommend for promotion and/or Tenure any Faculty Member receiving a majority

of votes of those present at the consideration of that Faculty Member and such recommendation

shall be made to the President and copied to the Member, Program Chair and Dean by January 15.

A numerical record of the vote upon which the recommendation is based, and a written statement

of the reasons for that recommendation shall be included.

22.9.2 Where the recommendations for promotion and/or Tenure to the UPTC from external referees,

Program Chair and FPTC are all in the affirmative, any recommendation from the UPTC for denial

of promotion and/or Tenure must include the rationale for reversing the recommendation of the

FPTC.

22.9.3 Where the UPTC decision overturns the decision of the FPTC, the UPTC shall forward, in writing,

its recommendation and supporting rationale on each criterion to the FPTC for comment. The

FPTC shall reply, in writing, to the UPTC within ten (10) days confirming or rebutting the UPTC’s

rationale. UPTC’s letter to the FPTC and the FPTC’s response to the UPTC shall become part of

the Faculty Member’s application.

22.9.4 The UPTC shall apply the procedure outlined in Article 22.9 when overturning a recommendation of

the Librarian Promotion Committee or the Senior Instructor Promotion Committee, or the Senior

Laboratory Instructor Promotion Committee.

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22.9.5 In the case of a positive recommendation from UPTC, the President shall review the application

and advise each Faculty Member by February 15 of the President’s recommendation in writing

including a statement specifying all reasons.

22.9.6 The President shall recommend to the Board of Governors those Faculty Members for Tenure and

/or promotion who received a positive recommendation from UPTC, with which the President

concurs, or whose appeal to UPTAC under Article 22.10 was successful.

22.9.7 If the Tenure and/or promotion recommendation by the UPTC is negative, the Faculty Member may

appeal under Article 22.10 of this Agreement. In this case, the President will not review the

application or advise the Member. The Member shall submit notice of appeal under Article 22.10

and 22.11.4 to the Chair of UPTAC.

22.10 Appeal Procedures

22.10.1 In cases where a Faculty Member has received a positive recommendation on Tenure and/or

promotion from the UPTC and a negative recommendation by the President, the Association may

proceed directly to arbitration within 30 days of receiving a decision from the President. Notice

must be served within 30 days of receiving the decision from the President. The recommendation

will be forwarded to the Board of Governors following an arbitration that results in a positive

recommendation.

22.10.2 A Faculty Member who has received a negative recommendation on Tenure and/or promotion from

the UPTC may file an appeal by the date specified in Article 22.5. The appeal shall be made in

writing to the University Promotions and Tenure Appeal Committee.

22.10.3 An anonymous record of each committee’s vote on each candidate for Tenure or promotion will be

provided to the Association by March 1.

22.11 The University Promotion and Tenure Appeals Committee

22.11.1 The University Promotion and Tenure Appeals Committee (UPTAC) hears appeals of negative

recommendations made by the UPTC on both promotion and Tenure applications.

22.11.2 The members of UPTAC shall be:

(a) the President of the University who shall chair the Committee;

(b) a person appointed by the Faculty Association who shall hold the rank of Full Professor in

the University, who is not a member of the Faculty Association Executive, and who has not

been involved in previous recommendations about the Faculty Member;

(c) two (2) Tenured persons, elected by secret ballot by faculty of the University, who are not

members of the Faculty Association Executive, from different Faculties shall hold the rank

of Associate or Full Professor in the University and shall not been involved in previous

recommendations about the Faculty Member;

(d) a person appointed by the President who shall hold the rank of Full Professor in the

University and who has not been involved in previous recommendations about the Faculty

Member; and

(e) a Tenured Faculty Member appointed by the Faculty Association as an observer. The

observer shall be non-participating and non-voting. They shall only have the right to ask

for a recess of the proceedings for the purpose of consulting with the chair. Note taking is

allowed but they must be turned in to the recording secretary at the end of the meeting.

The notes will be destroyed after the official minutes are signed.

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22.11.2.1 If the Member appealing is a Librarian, SI or SLI, the two (2) Members elected in Article 22.11.2(c)

shall be replaced by two (2) Librarians, two (2) SIs or two (2) SLIs. These two (2) alternative

Members shall be of the same appointment category as the Member appealing, and shall be

elected from those holding a Continuing appointment in the same appointment category as the

Member appealing. Members can only be elected to UPTAC provided they have not been involved

in a previous recommendation about the Member appealing.

22.11.3 The UPTAC shall establish its own procedures, always provided that its procedures shall provide

the Faculty Member who is appealing a decision of the UPTC with a full and fair opportunity to

make a submission to the UPTAC in support of their appeal. These procedures may include

interviewing the Chairs and elected spokespersons from the FPTC (Article 22.6.2.1) and the UPTC

(Article 22.7.3.1). In hearing an appeal, the UPTAC shall consider:

(a) the material considered at each level of promotion or Tenure application;

(b) the rationale provided by the UPTC for its negative decision on the application for

promotion and Tenure;

(c) the written submission of the Faculty Member who is appealing the UPTC's decision; and

(d) any new material the Faculty Member wishes to provide.

22.11.4 Subject to the requirements of Article 22.11.3, an appeal to UPTAC shall be initiated, conducted

and decided in a timely way. Accordingly:

(a) a Member will provide notice of their intention to appeal the UPTC's recommendation

concerning a promotion, continuing appointment or Tenure application by February 7;

(b) the Member will provide their submission in support of their appeal by no later than

February 14;

(c) the UPTAC will decide the appeal within thirty (30) days of receiving the Faculty Member's

submission in support of their appeal;

(d) the UPTAC shall keep minutes of its meetings and they shall constitute the official record.

The minutes shall be approved by the UPTAC and placed in the office of the President.

Included in the minutes shall be records of all of UPTAC’s proceedings, including

recommendations and the reasons for them as well as a numerical record of all votes; and

(e) the UPTAC’s recommendation shall be based solely on the documentation in this Article.

The UPTAC’s recommendation shall include a written summary of reasons for its

recommendation specifying all reasons in support of and in opposition to the

recommendation.

22.11.5 Nothing in this Article shall deprive the UPTAC of the authority to extend the time limits for

initiating, conducting or deciding an appeal provided that there are reasonable grounds for doing

so.

22.11.6 Should a member of UPTAC be unable to continue with their appointment to UPTAC the Party first

making the appointment shall have the right to appoint a replacement.

22.12 Actions subsequent to the UPTAC decision

22.12.1 Within five (5) days of completion of the UPTAC proceedings, a Member will be provided with a

numerical record of the vote upon which the recommendation of the UPTAC is based, including a

statement specifying all reasons in support of and in opposition to the recommendation.

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22.12.2 The President shall bring forward the positive nomination or recommendation of UPTAC or the

decision of an arbitrator in favour of the candidate to the Board of Governors.

22.12.3 In cases where a Member has received a negative recommendation on Tenure and/or promotion

from UPTAC, the Association may proceed directly to arbitration within thirty (30) days of receiving

the decision. The Association shall forward written notification of its decision to go to arbitration to

the President of the University.

22.12.4 For the purposes of this Article, the arbitration procedures set out in Article 44 of this Agreement

shall apply.

22.12.5 The Board of Governors will exercise its statutory power to appoint and promote Members by

acting in conformity with the nomination of the President in the case of an appointment and with the

recommendation of the President in the case of Tenure or promotion.

22.12.6 If Tenure or Continuing Status is denied by the University, the employment of the Member shall

terminate at the end of the Member's Tenure-track or Probationary appointment.

22.13 Criteria for Tenure and Promotion

22.13.1 Criteria for Tenure

22.13.1.1 To receive Tenure, a Faculty Member must:

(a) be in a Tenure-track appointment at the rank of Assistant Professor or above, except as

provided for in Article 22.3.4;

(b) hold an earned doctoral degree or terminal degree;

(c) normally have at least five (5) years of experience in full-time university teaching and

research, or equivalent experience; and

(d) have:

(i) demonstrated competence and responsibility in a range of teaching and a

commitment to the facilitation of student learning;

(ii) demonstrated competence and productivity in scholarly activity or where

appropriate, creative work in the performing or fine arts, and recognition of one's

works by academic peers; and

(iii) made contributions in academic service which have a positive impact on the

University community, professional community and/or the community at large.

(e) Consideration of these factors must take into account any approved modification to the

normal workload distribution for teaching, scholarship, and service in reviewing a Member

for Tenure.

22.13.2 Criteria for Promotion

22.13.2.1 Promotion in rank, from Lecturer to Assistant Professor, from Assistant Professor to Associate

Professor, and from Associate Professor to Professor, is recognition of the Faculty Member's

growth and development as a teacher and scholar, and of their service to the University, the

academic community, professional community and, where demonstrated, the community at large.

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22.13.2.2 With the exception of automatic promotion to the rank of Assistant Professor provided for in Article

22.13.3.2, Faculty Members being considered for Tenure and promotion shall be assessed in each

of the following three (3) categories in proportion to the assigned distribution of workload; for

example, primarily teaching or research appointments:

(a) teaching;

(b) scholarship (with due consideration given to Article 21B.2); and

(c) academic, professional, University and/or, community service.

22.13.3 Criteria for Lecturer

22.13.3.1 Appointment at the rank of Lecturer (Full-time) requires evidence of potential for effective teaching

and scholarly activity.

22.13.3.2 If a Faculty Member is appointed at the rank of Lecturer and is working to complete the

requirements for a terminal degree at an academic institution approved by the University, the

Faculty Member will automatically be promoted to the rank of Assistant Professor upon successful

completion of these requirements and receipt by the Provost of official notice that the degree will be

conferred.

22.13.4 Criteria for Assistant Professor

22.13.4.1 Promotion to the rank of Assistant Professor is dealt with in Article 22.13.2.2. To be appointed

initially in that rank, a Faculty Member must:

(a) hold an earned doctoral degree or terminal degree;

(b) show evidence of commitment to and ability in teaching; and

(c) show evidence of scholarly activity with outcomes commensurate with career stage.

22.13.5 Criteria for Associate Professor

22.13.5.1 In addition to the requirements for Assistant Professor, the rank of Associate Professor normally

requires:

(a) a record of effective teaching at all levels available to the Faculty Member including, where

appropriate, the direction of graduate students;

(b) a record of sustained and productive scholarly activity; and

(c) evidence of effective service to the University community, professional community and/or

the community at large.

22.13.5.2 Consideration of these factors must take into account any approved modification to the normal

workload distribution for teaching, scholarship, and service and is to be used in reviewing a

Member for appointment or promotion to this rank.

22.13.6 Criteria for Professor

22.13.6.1 In addition to the requirements for Associate Professor, the rank of Professor normally requires:

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(a) a sustained and productive program of scholarly activity and, where appropriate,

professional activities, with achievements that are of sufficient significance to be

recognized nationally or internationally;

(b) a record of sustained high quality of teaching at all levels available to the Faculty Member

including, where appropriate, the direction of graduate students;

(c) a record of significant participation in University or professional affairs and, where

demonstrated, the community at large.

22.13.6.2 Consideration of these factors must take into account any approved modification to the normal

workload distribution for teaching, scholarship, and service as agreed upon under Article 29.16,

and is to be used in reviewing a Member for appointment or promotion to this rank. For example,

expectations for a sustained and productive program of scholarly activity and national and/or

international significance under Article 22.13.6.1(a) would be proportionally reduced for a Member

assigned a workload redistribution towards a higher percentage of teaching workload who would be

expected to demonstrate sustained high quality of teaching contributions.

22.13.7 Career Path Considerations

22.13.7.1 It is acknowledged that the careers of Faculty Members may take different paths. Thus, all aspects

of a Faculty Member’s record must be considered for tenure or promotion.

22.13.7.2 For Tenure, and for promotion to Associate Professor:

(a) exceptional quality of teaching may compensate for a lesser amount of scholarly activity,

provided that the service component is satisfactory; or

(b) exceptional competence in and contribution to activities of University service or to activities

of professional and community service related to the work of the Faculty Member, coupled

with teaching of fully satisfactory quality, may compensate for a somewhat lesser amount

of scholarly activity; or

(c) exceptional competence in scholarly activity coupled with teaching of fully satisfactory

quality, may compensate for a somewhat lesser amount of service.

22.13.7.3 For promotion to Professor:

(a) exceptional quality of teaching may compensate for a lesser amount of scholarly activity,

provided that the service component is satisfactory and the scholarly activity is of fully

satisfactory quality; or

(b) exceptional competence in and contribution to activities of University service or to activities

of professional and community service related to the work of the Faculty Member, coupled

with teaching and scholarship both of a fully satisfactory quality, may compensate for a

somewhat lesser amount of scholarly activity; or

(c) exceptional competence in scholarly activity coupled with teaching of fully satisfactory

quality, may compensate for a somewhat lesser amount of service.

22.14 For Tenure and promotion to all ranks and for grid step decisions, those Members who serve in

administrative positions will have their contributions recognized by those who evaluate their

applications. Any financial compensation or administrative stipend will in no way diminish the value

of such service.

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ARTICLE 23: LETTERS OF REFERENCE

23.1 When external academic referees are required:

(a) The candidate and the Chair of the Program shall mutually agree on an annotated list of

nine (9) referees, and the FPTC will select three (3) names from this list.

(b) In the event of a failure to agree on nine (9) referees, the candidate shall propose a list of

five (5) referees to the FPTC. The FPTC shall propose a list of seven (7) referees, and

shall provide the list to the candidate. The candidate has the right to remove up to three (3)

names from the FPTC list and has the right to submit objections in writing to the FPTC on

any of the remaining names on the grounds of potential bias and/or lack of competence.

These objections shall become part of the candidate's file. The FPTC shall then select at

least two (2) names from the candidate's list and the remainder from the remaining FPTC

list.

23.2 The names of referees will be selected in accordance with the regulations pertaining to conflict of

interest as stated in Article 5.1. The annotations per Article 23.1 will document the referees'

professional credentials to review the candidate.

23.3 Assessments

23.3.1 The Dean shall contact potential referees to determine their willingness to act as a referee prior to

sending the letter in Appendix 23A by August 1. The Dean shall use the letters in Appendix 23A as

the sole and only means of confirming referees to act as assessors. By September 15, the Dean

shall confirm with the candidate the number of referees that have confirmed their willingness. The

Dean shall not initiate any further communication with the assessors without the express written

permission of the other Party.

23.3.2 If the assessor requires further information and so communicates to the Dean, the Dean shall reply

with the agreement of the candidate in a strictly neutral manner and confirm the information given in

writing with a copy to the candidate.

23.3.3 If the assessments have not been received ten (10) days prior to the agreed deadline, the Dean

shall write to the assessor using the form set out in the second (2

nd

) letter in Appendix 23A. If the

assessment has not been received by the deadline, the Dean shall write to the assessor in the form

set out in the third (3

rd

) letter of Appendix 23A.

23.3.4 The letters may be sent via email. All email correspondence becomes part of the Member's

promotion and/or Tenure dossier.

23.4 Members consulted by a designated Program Chair in accordance with Article 22.6.3.6 shall only

receive a copy of the curriculum vitae of the Faculty Member being considered for promotion and/or

Tenure.

23.5 The recommendation of the Chair, Dean or any other Administrator at any level of the evaluation

process shall be in writing with a copy to the candidate.

23.6 A copy of all letters of reference or assessments without letterhead or signature block shall be

given to the Member concerned upon receipt. Such letters, without letterhead or signature block,

shall be placed upon receipt in the OPF of the Member to which the Member shall have access and

the right to copy.

23.7 Letters of reference shall be retained by the Employer in the OPF of the Member indefinitely except

as provided for in Article 20.17. Letters of reference which remain in the file cannot be considered

for decisions for which they were not solicited.

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23.8 Referees will receive any FEC-approved scholarly expectations documents as per Article 21B.2

from the Program or Faculty, as well as the appropriate criteria from Article 22.13.

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APPENDIX 23A

LETTERS OF REFERENCE

A. LETTER NUMBER ONE:

Dear Professor Z:

Thank you for agreeing to act as a reference for Professor X who is being assessed at the University of Northern

British Columbia for Tenure (or promotion). Academic decisions are the most important that a university can make.

We most certainly value your assistance in this process. As discussed with you, it is our understanding that you do

not have a conflict of interest as defined by the University’s Conflict of Interest Policy as attached.

Please give a reasoned opinion concerning the quality of Professor X’s research, creative and professional work as

indicated in the documentation enclosed. Should you have direct knowledge of the candidate’s teaching or service

to the academic or professional community, we would appreciate your assessment of those as well. Your

recommendation should be in sufficient detail so that Professor X and the promotion and Tenure committees can

follow your reasoning and understand the basis of your opinion. Your views should be based on an assessment of

all the material that has been submitted to you and you should use only the criteria and procedures set out for the

University in the Agreement with the Faculty Association. Your anonymous assessment, excluding the authorship

and letterhead, will be given to the candidate, it being understood that in an arbitrated dispute, your authorship may

become known.

I enclose:

● the criteria and procedures of the University as specified in the agreement between UNBC and the UNBC

Faculty Association.

● the curriculum vitae of the candidate and all supporting documents and/or materials submitted by them.

● copies of a maximum of eight (8) significant examples of scholarly activity submitted by the candidate.

The enclosed material is confidential; do not release it to or discuss it with anyone, nor use it for any purpose other

than this evaluation. Please delete or shred all materials other than copies of scholarly work, which you are

welcome to retain.

We require this assessment by (date). If you require any further clarification, would you please write or fax us

rather than telephone. All correspondence will be shared with the candidate after reference to your name and

institutional affiliation has been deleted.

Yours sincerely,

Chairperson

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B. LETTER NUMBER TWO:

My letter concerns the assessment of Professor X. You will recall that you agreed to provide your assessment to

us by (date). As that date is fast approaching, I hope that you will be in a position to give us your views by the

deadline.

Yours sincerely,

Chairperson

C. LETTER NUMBER THREE:

My letter concerns the assessment of Professor X. You will recall that you agreed to provide your assessment to

us by (date). As that date has now passed, I would appreciate hearing from you as soon as possible concerning

the date on which we can expect your assessment.

Yours sincerely,

Chairperson

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ARTICLE 24: PROMOTION AND CONTINUING APPOINTMENT OF LIBRARIAN MEMBERS

24.1 Promotion and Continuing Appointment of Librarian Members

Promotion in rank from Librarian I to Librarian II, or Librarian II to Librarian III, or Librarian III to

Librarian IV is recognition of a Librarian Member’s: professional growth and development; service

to the University, the academic community, and the Librarian's profession; and scholarly growth

and innovation.

24.2 Progression to Promotion

24.2.1 Application for promotion in rank is initiated by the Librarian Member through the University

Librarian in accordance with this Article. The University Librarian may advise individual Librarian

Members to apply for promotion.

24.2.2 A Librarian Member shall not be considered for promotion without their consent.

24.2.3 Librarian Members holding the rank of Librarian I shall normally be eligible for promotion to the rank

of Librarian II after having completed two (2) years of service at the University.

24.2.4 Librarian Members holding the rank of Librarian II shall normally be eligible to apply for promotion

to the rank of Librarian III after having completed four (4) years of service in the rank of Librarian II

including credited years of service of which at least two (2) years will have been at the University.

24.2.5 Librarian Members holding the rank of Librarian III shall normally be eligible to apply for promotion

to the rank of Librarian IV after having completed five (5) years of service in the rank of Librarian III

including credited years of service of which at least three (3) years will have been at the University.

24.3 Progression to Continuing Appointment

24.3.1 A Librarian Member holding a Probationary appointment must be considered for Continuing

appointment in the Fall review process directly following completion of the probationary term.

24.3.2 A Librarian Member may apply for promotion and Continuing appointment at the same time. The

application for promotion and Continuing appointment will be considered separately, according to

the relevant criteria.

24.3.3 If a Librarian Member’s application for Continuing appointment is unsuccessful, they shall have one

(1) more review period to apply for Continuing appointment. If their application for Continuing

appointment is not successful at the second review period, their appointment will terminate on June

30 following the decision.

24.4 Librarian Promotion Committee

24.4.1 The Librarian Promotion Committee (LPC) shall make recommendations to the University

Promotion and Tenure Committee (UPTC) on promotion for Librarian Members.

24.4.2 Membership of LPC

24.4.2.1 The LPC shall be composed of:

(a) the University Librarian (or designate) as Chair;

(b) two (2) Librarian Members holding Continuing appointments elected from and by the

Librarian Members for a period of two (2) years. Elections shall be staggered; and

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(c) two (2) Members, selected on an ad hoc basis by unanimous agreement of the Chair and

the two (2) elected Librarian Members of the LPC. At least one (1) of the two (2) ad hoc

Faculty Members of the LPC shall be a UNBC Faculty Member who is not a Librarian

Member.

24.4.2.2 All members of the LPC shall vote. All voting shall be by secret ballot. The LPC shall follow the

most recent edition of Roberts Rules of Order.

24.4.2.3 Librarian Member elections shall occur in December of each year.

24.5 Procedures for Continuing Appointment and Promotion for Librarians

24.5.1 Applications for Continuing appointment and promotion shall be made in writing by the Librarian

Member, and be received by the University Librarian by June 15 as in accordance with Table

1(a)(i) in Article 22. The deadline for receipt of the complete application from the Librarian Member

to the University Librarian is the Tuesday after Labour Day. The application shall be accompanied

by a curriculum vitae and such other documentation as the Librarian Member considers evidence

of fulfillment of the criteria specified in Article 24.7 or 24.8. The Librarian Member shall provide

sufficient information for an evaluation to be made with respect to the criteria specified in Article

24.7. By September 15, the University Librarian shall forward to the other members of the LPC the

application and supporting documentation.

24.5.2 The LPC shall meet promptly, in light of the time limits set out in Article 22.5, to consider all

applications for Continuing appointment and/or promotion.

24.5.3 The Librarian Member shall be invited to appear before the LPC and to present any further

evidence and/or supporting information, oral and/or written, they deem appropriate. The LPC shall

request from the Librarian Member any further information the LPC deems necessary or relevant to

make a recommendation. The Librarian Member shall have the right to be accompanied by a

representative of their choosing. The LPC shall assess the Librarian Member’s overall record of

performance using the appropriate criteria pursuant to this Article. A recommendation of the LPC

shall be based only on documentation presented pursuant to this Article. The report of the LPC

shall include a numerical record of the vote upon which the recommendation is based and a

numerical record of the vote if a vote on Career Path Considerations was taken.

24.5.4 By October 31, the University Librarian shall inform the Librarian Member of the LPC’s

recommendation, including a numerical record of the vote upon which the recommendation is

based, and a written statement of the reasons for that recommendation. If the recommendation is

not unanimous, the statement shall include reasons for supporting and opposing the

recommendation. Such reasons shall relate only to the criteria for Continuing appointment and

promotion listed in this Article.

24.5.5 By November 15, the LPC’s recommendations on applications for Continuing appointment and on

candidates for promotion in rank shall be made in writing to the UPTC pursuant to this Agreement.

The LPC’s recommendations on Probationary and Limited Term appointments shall be made in

writing to the Provost.

24.5.6 The LPC shall keep an official record of minutes. At the conclusion of the LPC’s deliberations, the

minutes shall be placed in a file in the office of the Provost. Included in the minutes shall be

records of all LPC recommendations and the reasons for them, and a numerical record of all votes.

24.6 Action Subsequent to Voting

24.6.1 The UPTC shall recommend for promotion or Continuing appointment any candidate receiving a

majority of votes of those present at the consideration of that candidate and such recommendation

shall be made to the President and copied to the Library Member by December 15. The President

shall also advise each Library Member of their own recommendation in writing by January 15 for or

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against Continuing appointment and/or promotion. In the case of a recommendation against

Continuing appointment and/or promotion, a numerical record of the vote upon which the

recommendation is based and a written statement of the reasons for that recommendation shall be

included with the UPTC's recommendation.

24.6.2 By December 15, the Librarian Member, and the University Librarian shall be informed by the

Provost of the UPTC's recommendation, including a numerical record of the vote upon which the

recommendation is based, and a written statement of reasons for that recommendation.

24.6.3 The process for appeal of the UPTC's recommendations for Librarian Members is the same as it is

for Members in Articles 22.10, 22.11 and 22.12.

24.7 Criteria for Continuing Appointment and Promotion of Librarian Members

24.7.1 Continuing appointments and promotion to the ranks of Librarian II, III and IV shall take place only

when the Librarian Member has satisfied the requirements of this Article as they relate to the duties

and responsibilities outlined in Article 31, and the distribution of duties and responsibilities

described in Article 31.1.

24.7.2 Considering the duties and responsibilities as set out in Article 31 and the distribution of duties and

responsibilities described in Article 31.1 the criteria for Continuing appointment are:

(a) performance of duties and responsibilities, as described in Article 31;

(b) competence in the Librarian Member’s specialization;

(c) professionalism during the probationary period; and

(d) participation in activities that contribute to the functioning of the Library and/or the

University.

24.7.3 The criterion for appointment to Librarian I is:

(a) for a Librarian, a graduate degree from an ALA accredited school of Library and/or

Information Studies; or

(b) for an Archivist, a graduate degree in Archival Studies or Informational Studies/Library

Science with an emphasis on Archival Studies, or an equivalent combination of a relevant

graduate degree and relevant professional experience in archives.

24.7.4 Considering the duties and responsibilities as set out in Article 31 and the distribution of duties and

responsibilities described in Article 31.1 the criteria for promotion from Librarian I to Librarian II are:

(a) a record of effective execution of professional practice;

(b) evidence of service that has a positive impact to the UNBC community, the professional

community, and/or the community at large; and

(c) evidence of relevant scholarly activities, professional activities, and/or innovative practice.

24.7.5 Considering the duties and responsibilities as set out in Article 31 and the distribution of duties and

responsibilities described in Article 31.1 the criteria for promotion from Librarian II to Librarian III

are:

(a) a record of sustained high quality execution of professional practice;

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(b) a record of significant participation in service to the UNBC community, the professional

community and/or the community at large; and

(c) a record of sustained and relevant, scholarly activities, professional activities, and/or

innovative practice.

24.7.6 Considering the duties, responsibilities as set out in Article 31 and the distribution of duties and

responsibilities described in Article 31.1 the criteria for promotion from Librarian III to Librarian IV

are:

(a) a significant record of sustained high quality execution of professional practice;

(b) a record of significant service to and leadership in the UNBC community, the professional

community, and/or the community at large; and

(c) a record of sustained, relevant and substantive, scholarly activities, professional activities,

and/or innovative practice.

24.7.7 Continuing appointment, when granted by the Board of Governors, shall become effective on the

July 1 following the decision.

24.8 Career Path Considerations

24.8.1 It is acknowledged that the careers of Librarian Members may take different paths. Thus, all

aspects of a Librarian Member’s record must be considered for promotion.

For promotion to any Librarian rank:

(a) Exceptional performance in research, scholarship or innovation may compensate for a

lesser amount of University and either professional and/or community service, provided

that the performance expectations in core professional functions are fully met; or

(b) Exceptional performance in University and either professional and/or community service

may compensate for a lesser amount of research, scholarship or innovation, provided that

the performance expectations in core professional functions are fully met.

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ARTICLE 25: PROMOTION AND CONTINUING APPOINTMENT OF SENIOR INSTRUCTOR MEMBERS

25.1 Senior Instructor Appointment and Promotions Committee

25.1.1 Promotion and Continuing Appointments for SIs shall be evaluated by the Senior Instructor

Appointment and Promotions Committee (SIAPC).

25.1.2 Membership of SIAPC

25.1.2.1 The SIAPC shall be composed of:

(a) The committee will be chaired on a rotational basis by the Faculty Deans;

(b) Two (2) SI Members holding Continuing appointments elected from and by the SI Members

for a period of two (2) years. Elections shall be staggered; and

(c) Two (2) Members, selected on an ad hoc basis by unanimous agreement of the Chair and

the two (2) elected SI Members of the SIAPC. At least one (1) of the two (2) ad hoc

Faculty Members of the SIAPC shall be a UNBC Faculty Member who is not a SI Member.

25.1.3 The SIAPC shall determine the Committee’s procedures.

25.2 Progression to Continuing Appointment

25.2.1 A SI Member holding a Probationary appointment must be considered for Continuing appointment

in the Fall review process directly following completion of the probationary term.

25.2.2 A SI Member may apply for promotion and Continuing appointment at the same time. The

application for promotion and Continuing appointment will be considered separately, according to

the relevant criteria.

25.2.3 A SI Member’s application for Continuing appointment is unsuccessful, they shall have one (1)

more review period to apply for Continuing appointment. If their application for Continuing

appointment is not successful at the second review period, their appointment will terminate on June

30 following the decision.

25.3 Definition of and Eligibility for SI Promotion

25.3.1 Definition of SI Promotion

Promotion is recognition of a SI’s teaching proficiency, professional growth and development, and

of service to the University, the academic community, and the SI’s discipline or profession.

25.3.2 Eligibility for Promotion

25.3.2.1 Application for promotion in rank is initiated by the SI Member, through the University in

accordance with this Article (see Article 25.4.2 for application process).

25.3.2.2 A Member shall not be considered for promotion without their consent.

25.3.2.3 Unless circumstances under Article 16A.3.4 apply, a SI holding the rank of SI I shall be eligible to

apply for promotion to the rank of SI II after having completed four (4) years of service as a SI at

the University.

25.3.2.4 SI members holding the rank of SI II shall normally be eligible to apply for promotion to the rank of

SI III after having completed six (6) years of service in the rank of SI II (including credited years of

service of which at least two (2) have been at the University).

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25.4 Procedures for Continuing Appointment and Promotion for SIs

25.4.1 Continuing Appointment

25.4.1.1 Applications for Continuing appointment and/or promotion shall be made in writing by the SI

Member, and be received by the Chair of the SIAPC by June 15 as in accordance with Article 22.

The deadline for receipt of the complete application from the SI Member to the Chair of SIAPC is

the Tuesday after Labour Day. The application shall be accompanied by a curriculum vitae and

such other documentation as the SI Member considers evidence of fulfillment of the criteria

specified in Article 25.6 or 25.7. The SI Member shall provide sufficient information for an

evaluation to be made with respect to the criteria specified in Article 25.6 or 25.7. By September

15, the Chair of SIAPC shall forward to the other members of the SIAPC the application and

supporting documentation.

25.4.1.2 The SIAPC shall meet promptly, in light of the time limits set out in Article 22.5, to consider all

applications for Continuing appointment and/or promotion.

25.4.1.3 The SI Member shall be invited to appear before the SIAPC and to present any further evidence

and/or supporting information, oral and/or written, they deem appropriate. The SIAPC shall request

from the SI Member any further information the SIAPC deems necessary or relevant to make a

recommendation. The SIAPC shall assess the SI Member’s overall record of performance using

the appropriate criteria pursuant to this Article. A recommendation of the SIAPC shall be based

only on documentation presented pursuant to this Article. The report of the SIAPC shall include a

numerical record of the vote upon which the recommendation is based.

25.4.1.4 By October 31, the Chair of SIAPC shall inform the SI Member and the Member’s Dean of the

SIAPC’s recommendation, including a numerical record of the vote upon which the

recommendation is based, and a written statement of the reasons for that recommendation. If the

recommendation is not unanimous, the statement shall include reasons for supporting and

opposing the recommendation. Such reasons shall relate only to the criteria for Continuing

appointment and promotion listed in this Article.

25.4.1.5 By November 15, the SIAPC’s recommendations on applications for Continuing appointment and

on candidates for promotion shall be made in writing to the UPTC pursuant to this Agreement.

25.4.1.6 The SIAPC shall keep an official record of minutes. At the conclusion of the SIAPC’s deliberations,

the minutes shall be placed in a file in the office of the Provost. Included in the minutes shall be

records of all SIAPC recommendations and the reasons for them, and a numerical record of all

votes.

25.4.2 Promotion for SIs with Continuing Appointments

25.4.2.1 Notification of intention to seek promotion shall be made in writing by the SI to the SI Member’s

Dean and to the chair of the SIAPC by June 15.

25.4.2.2 The application must be provided to the chair of the SIAPC by the Tuesday after Labour Day. The

application shall consist of a cover letter addressing the SI’s contributions to teaching and

continuing professional development, relevant academic professional, University and community

service, a current curriculum vitae, a maximum of the five (5) most recent Professional Activity

Reports, and a maximum of five (5) examples of continuing professional development activity.

25.4.2.3 The Program Chair or equivalent shall provide their letter to the SIAPC by September 15.

25.4.2.4 The applicant shall be invited to appear before SIAPC during their evaluation meeting in order to

present any further evidence and/or supporting information, oral and/or written, which was

requested or which the applicant deems appropriate.

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25.4.2.5 The SIAPC shall assess the SI’s application pursuant to the criteria and procedures of Article 25.

The recommendation of the SIAPC shall be based only on presented documentation. The SIAPC

report shall include a summary of the reasons for their recommendation and a numerical record of

the vote for or against promotion and an additional numerical record of the vote if a vote on Career

Path Considerations was taken. If the recommendation is not unanimous, the statement shall

include reasons supporting and opposing the recommendation. Where the application for

promotion is declined, the applicant may withdraw their application without prejudice. Voting will be

done by secret ballot (yea or nay), on the affirmative question: “the SI applicant will be promoted.”

25.4.2.6 The SIAPC chair shall keep an official record of minutes of the evaluation process. The minutes of

the SIAPC shall form part of the application.

25.5 Actions Subsequent to Voting

25.5.1 By the date specified in Article 22 the SI shall be informed by the Member’s Dean of the

recommendation of the SIAPC and the Program Chair, and shall be provided with a numerical

record of the vote upon which the recommendation of the SIAPC is based. All recommendations

shall include a written statement of reasons for that recommendation. If the recommendation of the

SIAPC is negative or is not unanimous, the statement shall include all reasons supporting and

opposing the recommendation. Reasons shall relate only to the criteria for granting a Continuing

appointment or promotion.

25.5.2 By the date specified in Article 22.5, the Dean shall forward the application and supporting

documentation, along with recommendations and reasons of the Program Chair and the SIAPC,

and copies of all correspondence with the SI to the chair of the University Promotion and Tenure

Committee (UPTC) and to the President. The Dean shall ensure that the SI has received all

information forwarded to the UPTC.

25.5.3 The SIAPC shall keep a record of minutes and they shall constitute the official record. The minutes

shall be approved by the SIAPC and shall be placed in a file in the office of the Provost. Included

in the minutes shall be records of all SIAPC proceedings and the information referred to in Article

22.6.6.1.

25.5.4 The chair of SIAPC shall forward each application to UPTC by November 15.

25.5.5 The UPTC shall be constituted and vote according to Article 22.

25.5.6 The process for appealing negative decisions shall be as outlined in Article 22.

25.6 Criteria for Continuing Appointment and Promotion of SIs

25.6.1 To receive a Continuing Appointment, a SI Member must:

(a) be in a Probationary appointment;

(b) hold an earned Master’s degree or higher qualification or appropriate professional

qualification and achievement in the candidate’s discipline;

(c) normally have at least two (2) years of experience in: (i) full-time teaching function(s) and

continuing professional development; (ii) academic, professional, University and/or relevant

community service; and

(i) Performance of duties and responsibilities, as described in Article 32;

(ii) Competence in the SI Member’s area of expertise;

(iii) Professionalism during the probationary period; and

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(iv) Participation in activities that contribute to the functioning of the University.

25.6.1.2 Consideration of these factors must take into account any approved modification to the normal

workload in reviewing a Member for Continuing appointment or promotion.

25.6.2 SIs being considered for promotion shall be assessed in each of the following three categories as

described in Article 32:

(a) teaching; and

(b) continuing professional development; and

(c) academic, professional, University and/or relevant community.

25.6.3 Criteria for SI I

Appointment at the rank of SI I requires evidence of potential for effective teaching and evidence of

continuing professional development.

25.6.4 Criteria for SI II

25.6.4.1 In addition to the requirements for SI I, the rank of SI II normally requires:

(a) a record of sustained high quality execution of teaching function(s); and

(b) a sustained program of continuing professional development; and

(c) a record of significant participation in service to the University, the professional community

and/or, relevant service to the community at large.

25.6.5 Criteria for SI III

25.6.5.1 In addition to the requirements for SI II, the rank of SI III normally requires:

(a) a sustained record of teaching excellence as sole instructor (or formal co-instructor) of

courses (> 2 credit-hours) at all levels available to the SI; and

(b) evidence of contributions to pedagogy, or to development of new knowledge, or to

advancement of the profession within the subject areas being taught, or evidence of

contributions to the continuing professional development of peers; and

(c) a record of continuing significant participation in service to the University, the professional

community and/or relevant service to the community at large.

Career Path Considerations

25.7 It is acknowledged that the careers of SIs may take different paths. Thus, all aspects of a SI’s

record must be considered for promotion.

25.7.1 For promotion to the rank of SI II or SI III

(a) Exceptional teaching excellence may compensate for a lesser amount of continuing

professional development, provided that the service component is satisfactory; or

(b) Exceptional competence in and contribution to service to the University, professional

and/or community service related to the work of the SI may compensate for a somewhat

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lesser amount of continuing professional development activity, provided that the record of

teaching excellence is fully satisfactory; and

(c) Exceptional competence in continuing professional development activity may compensate

for a somewhat lesser amount of service, provided that the record of teaching excellence is

fully satisfactory.

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ARTICLE 26: PROMOTION AND CONTINUING APPOINTMENT OF SENIOR LABORATORY INSTRUCTOR

MEMBERS

26.1 Senior Laboratory Instructor Appointment and Promotions Committee

26.1.1 Promotion and Continuing appointment for Senior Lab Instructor Members (SLIs) shall be

evaluated by the Senior Laboratory Instructor Appointment and Promotions Committee (SLIAPC).

26.1.2 Membership of SLIAPC

26.1.2.1 The SLIAPC shall be composed of:

(a) The committee will be chaired on a rotational basis by the Faculty Deans;

(b) Two (2) SLI Members holding Continuing appointments elected from and by the SLI

Members for a period of two (2) years. Elections shall be staggered; and

(c) Two (2) Members, selected on an ad hoc basis by unanimous agreement of the Chair and

the two (2) elected SLI Members of the SLIAPC. At least one (1) of the two (2) ad hoc

Faculty Members of the SLIAPC shall be a UNBC Faculty Member who is not a SLI

Member.

26.1.3 The SLIAPC shall determine the Committee’s procedures.

26.2 Progression to Continuing Appointment

26.2.1 A SLI Member holding a Probationary appointment must be considered for Continuing appointment

in the Fall review process directly following completion of the probationary term.

26.2.2 A SLI Member may apply for promotion and Continuing appointment at the same time. The

application for promotion and Continuing appointment will be considered separately, according to

the relevant criteria.

26.2.3 If a SLI Member’s application for Continuing appointment is unsuccessful, they shall have one (1)

more review period to apply for Continuing appointment. If their application for Continuing

appointment is not successful at the second review period, their appointment will terminate on June

30 following the decision.

26.3 Definition of and Eligibility for SLI Promotion

26.3.1 Definition of SLI Promotion

Promotion is recognition of a SLI’s professional growth and development, and of service to the

University, the academic community, and the SLI’s profession.

26.3.2 Eligibility for Promotion

26.3.2.1 Application for promotion in rank is initiated by the SLI Member, through the University in

accordance with this Article (see Article 26.4.2 for application process).

26.3.2.2 A Member shall not be considered for promotion without their consent.

26.3.2.3 Unless circumstances under Article 16.3.4 apply, a SLI holding the rank of SLI I shall be eligible to

apply for promotion to the rank of SLI II after having completed two (2) years of service as a SLI at

the University.

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26.3.2.4 SLI members holding the rank of SLI II shall normally be eligible to apply for promotion to the rank

of SLI III after having completed four (4) years of service in the rank of SLI II (including credited

years of service of which at least two (2) have been at the University).

26.3.2.5 SLI members holding the rank of SLI III shall normally be eligible to apply for promotion to the rank

of SLI IV after having completed five (5) years of service in the rank of SLI III (including credited

years of service of which at least three (3) have been at the University).

26.4 Procedures for Continuing Appointment and Promotion for SLIs

26.4.1 Continuing Appointment

26.4.1.1 Applications for Continuing appointment and/or promotion shall be made in writing by the SLI

Member, and be received by the Chair of the SLIAPC by June 15 as in accordance with Table 1(a)

in Article 22. The deadline for receipt of the complete application from the SLI Member to the Chair

of SLIAPC is the Tuesday after Labour Day. The application shall be accompanied by a curriculum

vitae and such other documentation as the SLI Member considers evidence of fulfillment of the

criteria specified in Article 26.6 or 26.6.7. The SLI Member shall provide sufficient information for

an evaluation to be made with respect to the criteria specified in Article 26.6 or 26.6.7. By

September 15, the Chair of SLIAPC shall forward to the other members of the SLIAPC the

application and supporting documentation.

26.4.1.2 The SLIAPC shall meet promptly, in light of the time limits set out in Article 22.5, to consider all

applications for Continuing appointment and/or promotion.

26.4.1.3 The SLI Member shall be invited to appear before the SLIAPC and to present any further evidence

and/or supporting information, oral and/or written, they deem appropriate. The SLIAPC shall

request from the SLI Member any further information the SLIAPC deems necessary or relevant to

make a recommendation. The SLI Member shall have the right to be accompanied by a

representative of their choosing. The SLIAPC shall assess the SLI Member’s overall record of

performance using the appropriate criteria pursuant to this Article. A recommendation of the

SLIAPC shall be based only on documentation presented pursuant to this Article. The report of the

SLIAPC shall include a numerical record of the vote upon which the recommendation is based and

an additional numerical record of the vote if Career Path Considerations was taken.

26.4.1.4 By October 31, the Chair of SLIAPC shall inform the SLI Member of the SLIAPC’s

recommendation, including a numerical record of the vote upon which the recommendation is

based, and a written statement of the reasons for that recommendation. If the recommendation is

not unanimous, the statement shall include reasons for supporting and opposing the

recommendation. Such reasons shall relate only to the criteria for Continuing appointment and

promotion listed in this Article.

26.4.1.5 By November 15, the SLIAPC’s recommendations on applications for Continuing appointment and

on candidates for promotion in rank shall be made in writing to the UPTC pursuant to this

Agreement. The SLIAPC’s recommendations on Probationary and Limited Term appointments

shall be made in writing to the Provost.

26.4.1.6 The SLIAPC shall keep an official record of minutes. At the conclusion of the SLIAPC’s

deliberations, the minutes shall be placed in a file in the office of the Provost. Included in the

minutes shall be records of all SLIAPC recommendations and the reasons for them, and a

numerical record of all votes.

26.4.2 Promotion for SLIs with Continuing Appointments

26.4.2.1 Notification of intention to seek promotion shall be made in writing by the SLI to the chair of the

SLIAPC (appropriate Dean) by June 15.

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26.4.2.2 The application must be provided to the chair of the SLIAPC by the Tuesday after Labour Day. The

application shall consist of a cover letter addressing the SLI’s contributions to their core

professional function(s), continuing professional development, and academic professional,

University and relevant community service, a current curriculum vitae, a maximum of the five (5)

most recent Professional Activity Reports, and a maximum of five (5) examples of continuing

professional development activity.

26.4.2.3 The Program Chair or equivalent shall provide their letter to the SLIAPC by September 15.

26.4.2.4 The applicant shall be invited to appear before SLIAPC during their evaluation meeting in order to

present any further evidence and/or supporting information, oral and/or written, which was

requested or which the applicant deems appropriate. The SLI applicant shall have the right to be

accompanied by a representative of their choice from the Association.

26.4.2.5 The SLIAPC shall assess the SLI’s application pursuant to the criteria and procedures of Article 26.

The recommendation of the SLIAPC shall be based only on presented documentation. The

SLIAPC report shall include a summary of the reasons for their recommendation and a numerical

record of the vote for or against promotion. If the recommendation is not unanimous, the statement

shall include reasons supporting and opposing the recommendation. Where the application for

promotion is declined, the applicant may withdraw their application without prejudice. Voting will be

done by secret ballot (yea or nay), on the affirmative question: “the SLI applicant will be promoted.”

26.4.2.6 The SLIAPC chair shall keep an official record of minutes of the evaluation process. The minutes of

the SLIAPC shall form part of the application.

26.5 Actions Subsequent to Voting

26.5.1 By the date specified in Article 22 the SLI shall be informed by the Dean of the recommendation of

the SLIAPC and the Program Chair, and shall be provided with a numerical record of the vote upon

which the recommendation of the SLIAPC is based. All recommendations shall include a written

statement of reasons for that recommendation. If the recommendation of the SLIAPC is negative

or is not unanimous, the statement shall include all reasons supporting and opposing the

recommendation. Reasons shall relate only to the criteria for granting a Continuing appointment or

promotion.

26.5.2 By the date specified in Article 22.5, the Dean shall forward the application and supporting

documentation, along with recommendations and reasons of the Program Chair and the SLIAPC,

and copies of all correspondence with the SLI and referees to the chair of the University Promotion

and Tenure Committee (UPTC) and to the President. The Dean shall ensure that the SLI has

received all information forwarded to the UPTC.

26.5.3 The SLIAPC shall keep a record of minutes and they shall constitute the official record. The

minutes shall be approved by the SLIAPC and shall be placed in a file in the office of the Provost.

Included in the minutes shall be records of all SLIAPC proceedings and the information referred to

in Article 22.6.6.1.

26.5.4 The chair of SLIAPC shall forward each application to UPTC by November 15.

26.5.5 The UPTC shall be constituted and vote according to Article 22.

26.5.6 The process for appealing negative decisions shall be as outlined in Article 22.

26.6 Criteria for Continuing Appointment and Promotion of SLIs

26.6.1 To receive a Continuing Appointment, a SLI Member must:

(a) be in a Probationary appointment;

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(b) normally hold an earned Master’s degree or terminal degree;

(c) normally have at least two (2) years of experience in: (i) full-time core professional

function(s); (ii) continuing professional development; (iii) academic, professional, University

and/or relevant community service; and

(i) Performance of duties and responsibilities, as described in Article 35;

(ii) Competence in the SLI Member’s area of expertise;

(iii) Professionalism during the probationary period; and

(iv) Participation in activities that contribute to the functioning of the University.

26.6.1.2 Consideration of these factors must take into account any approved modification to the normal

workload in reviewing a Member for Continuing appointment or promotion.

26.6.2 SLIs being considered for promotion shall be assessed in each of the following three categories as

described in Article 35:

(a) core professional function(s); and

(b) continuing professional development; and

(c) academic, professional, University and/or relevant community service

26.6.3 Criteria for SLI I

Appointment at the rank of SLI I requires evidence of potential for effective execution of core

professional function(s) and evidence of continuing professional development.

26.6.4 Criteria for SLI II

26.6.4.1 The rank of SLI II normally requires:

(a) a record of effective execution of core professional function(s);

(b) a record of sustained continuing professional development; and

(c) evidence of service that has had a positive impact to the University community,

professional community, and/or the community at large.

26.6.5 Criteria for SLI III

26.6.5.1 In addition to the requirements for SLI II, the rank of SLI III normally requires:

(a) a record of sustained high quality execution of core professional function(s);

(b) a sustained and productive program of continuing professional development; and

(c) a record of significant participation in service to the University, the professional community

and/or, the community at large.

26.6.6 Criteria for SLI IV

26.6.6.1 In addition to the requirements for SLI III, the rank of SLI IV normally requires:

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(a) a significant record of sustained high quality execution of core professional functions(s);

(b) a record of sustained, relevant and substantive program of continuing professional

development; and

(c) a record of significant service to the University, the professional community and/or, the

community at large.

26.6.7 Career Path Considerations

It is acknowledged that the careers of SLIs may take different paths. Thus, all aspects of a SLI’s

record must be considered for Continuing appointment or promotion.

26.6.7.1 For promotion to the rank of SLI II

(a) Exceptional quality of core professional function(s) may compensate for a lesser amount of

continuing professional development, provided that the service component is satisfactory;

or

(b) Exceptional competence in and contribution to service to the University, profession and/or

community service related to the work of the SLI may compensate for a somewhat lesser

amount of continuing professional development activity, provided that core professional

function(s) are of fully satisfactory quality; and

(c) Exceptional competence in continuing professional development activity may compensate

for a somewhat lesser amount of service, provided that core professional function(s) are of

fully satisfactory quality.

26.6.7.2 For promotion to the rank of SLI III

(a) For promotion to the rank of SLI III, a record demonstrating exceptional quality in any two

(2) areas identified in Article 26 may compensate for a satisfactory performance in the third

(3

rd

) area.

26.6.7.3 For promotion to the rank of SLI IV

(a) For promotion to the rank of SLI IV, a record demonstrating exceptional quality in any two

(2) areas identified in Article 26 may compensate for satisfactory performance in the third

(3

rd

) area.

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SECTION E

DUTIES, RIGHTS, RESPONSIBILITIES AND WORKLOAD

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ARTICLE 27: WORKING CONDITIONS

27.1 The Parties are jointly committed to creating a healthy, safe, and productive environment. Working

conditions must be within relevant Federal and Provincial guidelines.

27.2 Suitable working conditions include, but are not limited to:

(a) proper labelling and storage of flammable, poisonous, radioactive, and biohazardous

materials;

(b) regular fire drills and preparedness;

(c) qualified personnel with first-aid skills on site;

(d) disaster planning and drills;

(e) industrial precautions with respect to heavy equipment; and safety with respect to:

(i) placement of a reasonable number of emergency phones for contacting security

officers;

(ii) escort service to parking lots; and

(iii) properly lighted walkways and parking lots.

27.3 In addition, Members, upon commencing their duties, except as noted in Article 27.4 below, shall

be provided with the following:

(a) photocopying services;

(b) office equipment and supplies;

(c) computer accounts and IT support services;

(d) library services;

(e) administrative assistant services;

(f) mail services;

(g) assigned and adequate single-occupancy offices for Full-time Members, complete with

desk, a minimum of two (2) chairs, telephone, bookcase(s), and filing cabinet(s), and

exclusive use of a computer;

(h) assigned and adequate office space for Part-time Members as required for instructional

purposes, equipped as in Article 27.3(g) above. Where sufficient space is unavailable,

Part-time Members shall be accommodated in shared office space, and shall share

computers; and

(i) notwithstanding Article 27.3(g), if space is not available, Instructors may be assigned

space under Article 27.3(h).

27.3.1 A Member who requires specific software to support their academic work may discuss the matter

with their Dean.

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27.4 Members whose employment contract states that they are responsible for web delivery of courses

and whose place of residence is not within the immediate geographic area of a UNBC campus shall

be provided with the following:

(a) reimbursement for approved copy charges incurred for UNBC;

(b) email and other computer accounts at UNBC with the same privileges accorded on-

campus members holding a similar appointment type;

(c) a University library account with the same privileges accorded on-campus members

holding a similar appointment type;

(d) reimbursement for approved mail and courier charges incurred for UNBC;

(e) reimbursement for approved travel.

27.5 The Employer agrees to provide an orientation addressing technical, operational, procedural and

other relevant matters to Members’ employment. The orientation shall be provided at least once per

year and is open to all Members. The expectation is that new Members will attend in their first year

and others will attend as necessary.

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PROFESSIONAL DEVELOPMENT ALLOWANCE

Professional Development Allowance

In each year of this Agreement, the Employer shall make available annually to each Member a

base Professional Development Allowance (PDA) as indicated in Appendix 28A.

PDA for Program Chairs and Regional Members

Further to Article 28.1.1, Program Chairs and Members located at a regional campus shall receive

PDA supplements as indicated in Appendix 28A.

The PDA is to be used for the purchase of items related to the performance of Member's

University-related professional and/or teaching duties. Expenditures that can be classified as

University career-related include, but are not limited to, the purchase of books, subscriptions,

memberships in professional associations, equipment directly related to teaching, professional or

research activities, and travel-related expenses not covered by or in excess of other travel grants.

Expenses for travel required for University business by Regional Members to Prince George and

other Regional campuses should be reimbursed from budgets available from Programs and

Faculties, and Regional Members are not expected to use their PDA funds to pay such expenses

(see Article 50.10). Subject to documentation in accordance with Employer requirements, the

Employer shall reimburse Members up to the maximum sum as stipulated in this clause.

Items purchased under Articles 28.1 and 28.6 are deemed to be the property of the University of

Northern British Columbia. If a Member wishes, they may purchase at fair market value these items

from the Employer after four (4) years, or upon retirement or resignation.

Effective July 1, 2023 to June 30, 2024, monies unspent in a Member's PDA in an academic year

shall be added to the Member's PDA for the next academic year, to a maximum of six thousand

dollars ($6,000).

Effective July 1, 2024, monies unspent in a Member’s PDA shall be added to the Member’s PDA

for the following year. In the event a Member’s PDA exceeds $10,000 the Member shall submit a

plan to the Dean to exhaust the excess within the next two years. In the event the Member fails to

submit a plan or follow through on that plan, funds in excess of $10,000 shall be forfeited. Effective

July 1, 2025, the $10,000 amount shall increase commensurate with GWIs.

Requests for reimbursement for expenses incurred during the fiscal period ending March 31 must

be submitted no later than March 31.

Advancement of Funds from the PDA

Members can make application for the expenditure of up to five thousand dollars ($5,000) of future

PDA Funds. Such expenditures are for Members in need of funds for the publication of

dissertations, travel cost in connection with the academic betterment of the individual Member,

purchase of microcomputers or related equipment, or for any other endeavour that would be

beneficial to the Member and the University.

Members who leave the University before the period of credited service that would be required to

obtain the PDA advance through normal disbursement shall be required to repay the outstanding

advance.

ARTICLE 28:

28.1

28.1.1

28.1.2

28.2

28.3

28.4

28.4.1

28.5

28.6

28.6.1

28.6.2

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APPENDIX 28A.

Base Professional Development Allowance

Member category:

Tenured and Tenure-track Members, Probationary and Continuing Librarians, SIs, and SLIs

$3,000

All Term Members

$1,680

Part-Time Instructors teaching nine (9) or more Semester Contact Hours within a twelve (12) month

period

$250

Professional Development Allowance Supplements:

PLUS

Program Chairs

$500

Continuing, Tenured, Probationary, and Tenure-Track Members located at a regional campus, Full-

time Term Members, Term SIs, and Term SLIs located at a regional campus

$1,000

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ARTICLE 29: DUTIES, RIGHTS AND RESPONSIBILITIES OF FACULTY MEMBERS

29.1 There are broad rights and responsibilities, which flow directly from academic freedom (Article 2),

or from the general societal right of free expression. The Parties agree to co-operate in the

defence of these rights, and in the promotion of an understanding of the responsibilities which flow

from them. The Parties recognize that the nature of UNBC gives rise to the following academic

rights and responsibilities, many of which can be inferred from Article 2.

29.2 The academic responsibilities of Faculty Members arise from their involvement in an appropriate

combination of:

(a) undergraduate and graduate teaching, advising, and supervision;

(b) research, scholarly, and creative activities; and

(c) academic, professional and University community service.

29.2.1 The exact distribution of these duties may vary among disciplines and may vary among individuals.

Without minimizing the importance of Article 29.2(c), for the majority of Faculty Members the

principal duties will be in teaching and scholarly activity listed in Articles 29.2(a) and 29.2(b) above.

29.3 Faculty Members are obliged to develop and maintain their scholarly competence and their

effectiveness as teachers, and to perform the teaching duties allocated under the procedures

outlined in Article 30. Faculty Members' teaching rights and responsibilities include the following:

(a) to present courses which are appropriately designed and delivered, and which reflect both

the current state of knowledge and the course description in the University Calendar;

(b) to organize and to structure appropriately classroom and laboratory activities, and to adopt

reasonable means to maintain a positive learning environment, and an environment where

differing points of view may be freely expressed;

(c) to provide students with a written course outline during the first week of classes, with a

copy to the Member's Program Chair and Dean; and for graduate courses, copy the Dean

of Graduate Programs. The outline shall include at least the following information:

(i) the name, office address, office telephone number, and weekly office hours of the

Faculty Member;

(ii) the subject matter to be explored in the course; and

(iii) a list of all required assignments and examinations and the relative weight of

assignments and examinations in the final assessment of student performance. A

Faculty Member may consult with the class about office hours, subject matter of

the course and assignments, examinations and their weighting, and provide the

class, the Program Chair and Dean, copies of the course outline following this

consultation;

(d) to be fair and objective in their relations with students and in grading of student

assignments;

(e) to report student grades in accordance with the requirements of the Freedom of

Information and Protection of Privacy legislation as amended;

(f) to be available for student consultations, including posting and observing a reasonable

number of regularly scheduled office hours;

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(g) to meet at scheduled times with tutorial, seminar, laboratory, and lecture groups except

when a change is made for valid reasons, with advance notice given where possible.

Reasonable effort will be made to compensate for missed classes;

(h) to be responsible for the preparation and grading of all examinations as required by their

courses, unless the Program Chair or Dean makes other arrangements;

(i) to submit final grades as required by their Faculty practice and the requirements of the

Senate;

(j) to act as academic advisors in the preparation and defence of theses or projects (both

undergraduate and graduate) when such theses or projects fall within the Faculty

Member's scholarly expertise and where such activity is in accordance with Article 30;

(k) to serve as external readers, chairs or members of graduate student comprehensive or

thesis/dissertation oral examinations, when such service is within the Faculty Member's

scholarly expertise;

(l) to continue their professional development and to enhance and broaden their professional

teaching ability; and

(m) to carry out any other properly assigned duties related to the pedagogical programs of the

University.

29.4 Scholarly, research and creative activity shall be directed to one (1) or more of the following

objectives: increasing knowledge and understanding; improving the scholarly competence as a

teacher; and developing students in the academic disciplines (insofar as is reasonably possible).

29.5 Each Faculty Member has a right and obligation to devote a reasonable proportion of time to

research, scholarly, and creative activities. In carrying out these activities, Faculty Members are

expected to meet ethical guidelines for work with animal or human subjects, to deal fairly with

colleagues and students, to carry out their research in the spirit of an honest search for knowledge,

and to base their findings upon a critical appraisal of available evidence and a reasoned

interpretative analysis. It is also the responsibility of the Faculty Member to make the results of

such work accessible to the scholarly community and to the general public through publication,

conference presentations, lectures, public concerts or performances, and other appropriate means.

It is the responsibility of the Employer to provide adequate facilities for scholarly and creative

activities, as far as is reasonably possible.

29.6 Faculty Members have the right, with collateral Employer’s agreement, to accept research grants

and contracts in support of research and scholarly activity and in support of the exchange of

knowledge between the University and the broader society in which it resides. The Employer shall

not unreasonably refuse consent to a Faculty Member who proposes to enter into a research grant

or contract. The Faculty Member has the responsibility to conduct such research in accordance

with such terms and conditions as may be provided by:

(a) the granting agency and/or research contractor;

(b) any other terms of this Agreement as applicable;

(c) governing legislation at a First Nations, Municipal, Provincial or Federal level; and

(d) Senate and/or University policies and procedures.

29.7 The control of expenditures in relation to a research grant and/or research contract for which a

Faculty Member holds responsibility shall take place in a manner consistent with University policy.

The Faculty Member holding a research grant and/or research contract shall, for valid research

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

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July 1, 2023 – June 30, 2025 126

29.8

29.9

29.10

29.11

29.12

29.13

29.14

29.15

reasons,

have

the

right

to

override

the

selection

of

end

products

and/or

vendors

in

order

to

best

meet the needs of that research grant

and/or research contract.

Faculty Members shall,

in their published professional or scholarly work(s), indicate their affiliation

with the University and identify any reliance on the work and assistance of others.

Faculty

Members

have

the

right

and

obligation

to

accept

a

fair

and

reasonable

share

of

administrative

responsibilities

through

participation

in

the

work

of

the

University

through

membership

on

appropriate

bodies,

including:

Program,

School,

Faculty,

Senate

and

University

Committees.

Those

who

have

the

responsibility

to

make

such

appointments

shall

make

every

reasonable

effort

to

ensure

that

academic,

professional,

and

University

community

service

commitments

are

equitably

shared.

Faculty

Members

have

the

responsibility

to

be

available

on

campus to

meet administrative service responsibilities and

as

may

be requested by the Dean

for

good

and valid reason, subject to the Faculty Member obtaining reasonable notice and subject to

the provisions of Article

29.13.

Faculty

Members

have

the

right

to

participate

in

the

work

of

learned

societies

and

professional

organizations,

including

the

Association,

the

Confederation

of

University

Faculty

Associations

of

BC,

and

the

Canadian

Association

of

University

Teachers.

When

a

Faculty

Member's

service

to

such

societies

or

associations

conflicts

with

scheduled

teaching

or

administrative

duties,

the

Faculty

Member

shall

make

arrangements,

subject

to

the

approval

of

their

Chair

or

Dean,

as

appropriate, to make sure

that

those duties

and responsibilities are fulfilled.

A

Faculty Member's

service

to

such

societies

and

associations

shall

be

positively

considered

in

the

assessment

for

purposes

of

Tenure

and

promotion,

renewal

and Grid Steps of

academic

performance

of

the

Faculty

Member,

and

shall

be

treated

in

the

same

way

as similar

community

service

duties

performed within the University.

In

any

exercise

of

free

expression,

Faculty

Members

have

the

responsibility

to

be

explicit

as

to

whether they are speaking in a professional capacity or as private citizens. Faculty Members will

not

speak

on

behalf

of

the

University

unless

so

authorized.

An

indication

of

affiliation

with

the

University shall

not be construed as speaking on behalf of the University.

Faculty Members

are not

required to be

present

on campus to fulfil their

rights and responsibilities

as outlined in this Article whenever another location is

more appropriate for that purpose, and

their

absence does not conflict with their obligations under Article

29.3.

However, each Faculty

Member

who

is

not

on

leave

shall

ensure

that

the

Program

Chair

is

aware

of

how

and

when

the

Faculty

Member

can

be

contacted

without

undue

delay,

in

case,

for

good

and

valid

reason,

the

Faculty

Member's

presence

on

campus

is

required,

in

which

event

the

Faculty

Member

shall

return

to

campus, also without

undue delay.

Notwithstanding

the

other

provisions

of

this

Agreement,

a

Faculty

Member

may

request

and

the

responsible Dean may grant a period of authorized absence during which

time a Faculty Member

is

not

subject to being recalled to campus, provided

that

during the period of authorized absence the

Faculty

Member

has

no

scheduled

teaching

responsibilities.

The

Dean

shall

make

a

decision

within

fifteen (15) days

of receiving

a request

for

authorized

absence

and shall

not

unreasonably

refuse

to

grant

such

a

request.

A

period

of

authorized

absence

is

not

a

leave,

and

the

Faculty

Member is presumed and

expected to be at work by carrying out research, engaging in scholarly,

creative, or professional activities

for the academic community,

or preparing

for

scheduled duties.

Members

are

expected

to

demonstrate

due

diligence

in

the

exercise

of

their

duties

and

responsibilities.

Members are

expected to adhere to University policies.

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

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ARTICLE 30: TEACHING WORKLOAD

30.1 General Provisions

30.1.1 Teaching is an essential function of the University and a major component of a Teaching Member's

workload. The Dean shall have the responsibility to assign teaching workload to all Teaching

Members, consistent with the provisions in the article. Once the teaching workload has been

finalized, it shall be the responsibility of the Teaching Member to carry out the assigned teaching

duties. There is good reason for a Teaching Member's teaching workload to vary from year to

year, either in the interests of the Teaching Member's career or in recognition of the needs of the

University. These variations will be taken into account by the Program Chair when proposing, and

the Dean when assigning the annual teaching workload. The Program Chair and the Dean shall

also ensure that cross-Program teaching needs are taken into account. The Program Chair and

the Dean of the Faculty shall ensure that teaching workloads of Teaching Members are as fair and

equitable as is reasonably possible, both within the academic unit or sub-unit in the Faculty and

between Faculties within the University, taking into account the items in Articles 29, 34, 30.3.2 and

35. Consideration shall be given to all aspects of teaching including equivalence by the Program

Chair and the Dean of the Faculty, with the responsible Dean making the final determination.

30.1.2 No later than February 1 of each academic year, the Program Chair, in consultation with the

Teaching Members of the Program, shall submit to the Dean for approval, a proposal for the

teaching workload of each Teaching Member for the forthcoming academic year. In preparation for

these consultations, the Teaching Member should by September 30, document in a memorandum

to the Chair which factors, including Category II teaching and those listed in Article 30.3.2 they wish

to have considered by the Chair, and subsequently approved by the Dean. The Chair’s

recommendation to the Dean shall include the Chair’s written reasons as to how the factors

identified by the Member, including those listed in Article 30.3.2, were considered and what

adjustments, if any, the Chair recommends to the member’s teaching workload assignment. The

Dean’s memorandum assigning the Member’s teaching workload assignment shall identify, in

sufficient detail for the member to respond, the factors, including those listed in Article 30.3.2, that

were considered in the assignment of the Member’s teaching workload.

30.1.3 Following approval by the responsible Dean, by February 28 of each academic year, the Program

Chair shall inform the Teaching Member in writing of the teaching assignment for the forthcoming

academic year including the Dean’s memorandum assigning the Member’s teaching workload

assignment. Within ten (10) days of such notification by the Chair, the Teaching Member may

request reconsideration of that assignment by the Dean. The Dean shall consult with the Program

Chair and shall render a final decision in writing within a further ten (10) days.

30.1.4 Changes in teaching workload should normally be made at least two (2) months before they take

effect, and must always involve consultation with the Member and the opportunity to request

reconsideration as per the process in Articles 30.1.1, 30.1.2 and 30.1.3. After July 1 any change in

a Teaching Member's teaching workload shall take place only when a significant change in

circumstances occurs, after consultation with the Teaching Member. When changes are made to a

Teaching Member’s teaching workload after distribution of the teaching workload list, the

responsible Dean shall inform the Association in writing of the revised teaching workloads of these

Teaching Members.

30.2 Aspects of Teaching

30.2.1 The teaching workload for each Teaching Member will consist of the total contact hours of courses

taught by the Member over the academic year, referred to as Category I teaching, as well as

Category II teaching responsibilities. A Semester Contact Hour (SCH) is an hour scheduled by the

Registrar and spent in instruction in lectures, laboratories, tutorials, seminars or clinical instruction

per week during a traditional thirteen (13) week semester, or equivalent.

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30.2.2 Category I teaching is any teaching in courses approved by the Dean and scheduled by the

Registrar including directed readings or directed study courses. The parties agree that Category I

teaching in directed readings or directed study courses, or the supervision of internships, often

arises after teaching workload is assigned, and is important to the sustainability of senior

undergraduate and graduate programs and constitutes an important service to students. All such

teaching must be approved by the Program Chair in consultation with the Teaching Member.

30.2.3 Category II teaching is all other teaching, including but not limited to: supervision of the scholarly

efforts of graduate or senior undergraduate students and postdoctoral scholars; advising and

mentoring students (during office hours or otherwise); training and supervision of assistants; and

the co-ordination of the teaching effort of others, where that co-ordination involves student contact

and the preparation or modification of teaching materials.

30.3 Teaching Workload of the Member

30.3.1 Before the adjustments identified in Article 30.3 and Article 30.4, the annual Category I teaching

workload shall constitute a forty percent (40%) annual workload of which a minimum of twelve (12)

SCHs must normally be Category I teaching when combined with an expected level of Category II

teaching. When Category II teaching is absent, the expected annual teaching workload will

normally be fifteen (15) SCHs of Category I teaching. When adjustments occur, the following shall

apply:

Six (6) SCH 20% teaching workload

Eighteen (18) SCH 60% teaching workload

Twenty-four (24) SCH 80% teaching workload

(a) none of the adjustments identified in the remainder of Article 30.3 shall cause this number

to rise above eighteen (18);

(b) adjustments in Article 30.4 shall not cause this number to rise above twenty-four (24); and

(c) the annual Category I teaching workload does not include any overload teaching

undertaken for additional remuneration.

30.3.2 The Category I teaching workload may be adjusted up or down based on the discretion of the Dean

and with consideration of a recommendation from the Chair. The final Category I teaching

workload of a Teaching Member shall be assigned by the responsible Dean. The Parties agree

that the assignment of teaching workload requires judicious and equitable balancing of the

Member’s teaching and other responsibilities that include but are not limited to the following:

(a) Any factors of Category I teaching workload that affect the times and effort required by the

Teaching Member, including but not limited to:

• the teaching history of the Member;

• the relationship of the topic to the Member’s expertise;

• pedagogy;

• method and location of course delivery;

• number of students enrolled;

• assignment of assistants.

(b) The amount and complexity of the Member’s Category II teaching activity;

(c) The Member’s activity and productivity in a program of research; and

(d) The amount, complexity, and impact of the Member’s service. To address the structural

inequities associated with the service provided by equity-deserving groups, such service

will be taken into consideration when teaching workload is assigned.

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30.3.3 Major special responsibilities in administration or assigned service shall result in a reduction of

Category I teaching assigned and/or in the provision of an administrative stipend in accordance

with Article 48 and/or other adjustments consistent with Article 72.1.5. Program Chairs in

Programs of six (6) or more full-time Teaching Members will normally receive a six (6) SCH

reduction in Category I teaching, depending on the complexity of their administrative duties.

Program Chairs in Programs with significant involvement in regional programming will receive an

additional reduction in Category I teaching proportionate to the additional duties associated with

regional program delivery. Program Chairs in Programs of less than six (6) full-time Teaching

Members will normally receive a three (3) SCH reduction in Category I teaching.

30.3.4 Teaching assignments altered on short notice (two (2) months or less before the start of classes)

require an extra effort, and in this case, the Chair may recommend and the Dean may grant a

reduction in Category II and/or Category I teaching in the current or the next academic year to

compensate.

30.3.5 Subject to Article 30.3.8, a Teaching Member is entitled to one (1) non-teaching semester in each

academic year. The scheduled teaching duties shall normally be in the Fall and Winter semester of

the academic year.

30.3.6 Subject to Article 30.3.8, assigned classes for an individual Teaching Member normally shall be

scheduled in such a way as to permit twelve (12) hours to pass between the completion of teaching

one (1) day and the commencement of same on the next day. No Teaching Member shall be

assigned a class schedule which requires more than five (5) consecutive hours of Category I

teaching by the Teaching Member.

30.3.7 All best efforts shall be made to schedule courses to permit each Teaching Member to have at

least one (1) day per week (Monday to Friday) available for research and scholarly activity during

which time they are not expected to conduct Category I teaching, except for persons with workload

redistribution (Article 30.4).

30.3.8 A Teaching Member may, in consultation with the Program Chair and after agreement by the

responsible Dean, arrange a schedule of teaching duties which does not conform to the provisions

of Articles 30.3.5, 30.3.6, and 30.3.7.

30.3.9 Notwithstanding the other provisions of this Article a Teaching Member may, in consultation with

the Program Chair and subject to the approval of the responsible Dean, arrange their teaching

duties so that by teaching additional courses, but no more than one (1) such course per semester,

the Teaching Member may have a reduced teaching workload in another semester. A record of all

such agreements shall be kept in the Member's OPF and the Association shall be provided a copy

of such agreements.

30.3.10 When a Teaching Member applies for research funding with the intention of receiving funds to pay

for a replacement of some portion of their teaching workload, or as specified under Article 67, the

Teaching Member shall consult with their Program Chair, and shall have the proposed alternative

teaching arrangements approved by the Dean, subject to the teaching needs of the Program.

Where a Teaching Member has followed these procedures, and then receives funding to allow an

academic sub-unit or unit to hire a replacement for some portion of their teaching workload in a

given year, release time from teaching shall not be unreasonably denied.

30.3.11 The Dean, on the recommendation of the Program Chair, may assign new Teaching Members with

little prior teaching experience a reduction in their Category I teaching workload during their first

year at the University.

30.3.12 Where teaching responsibilities are assigned on a Saturday or a Sunday, a Teaching Member shall

have one (1) other day each week in the semester (Monday to Friday) designated as free from

assigned teaching and administrative responsibilities and would not be expected to be present at

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

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the University on that day. Teaching Members shall not be assigned Saturday or Sunday teaching

responsibilities in two (2) consecutive semesters, except with their written consent. Normally,

teaching responsibilities shall not be assigned on both a Saturday and a Sunday, except by written

consent of the Member.

30.4 Workload Redistribution

30.4.1 A Tenured or Tenure-track Faculty Member may, with the agreement of their Chair and the Dean,

propose a redistribution of teaching, scholarship, and service workload on a temporary or ongoing

basis. Normally no single category may be weighted less than twenty percent (20%) or more than

sixty percent (60%) without the approval of the Provost. The workload distribution is negotiated for

a three (3)-year period and may be adjusted due to changing needs of the Academic Program, or

the circumstances of the Member.

30.4.2 Revisions to the standard expectations must be clearly delineated and approved by the Dean and

Provost to reflect the additional or reduced expectations that result from the redistribution of

workload in any given category. Those revised criteria and expectations will form part of the

documentation used in all promotion and grid step decisions.

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ARTICLE 31: LIBRARIAN MEMBERS’ DUTIES, RESPONSIBILITIES AND WORKLOAD

31.1 Duties and Responsibilities

31.1.1 Librarian Members, comprising Librarians and Archivists, concern themselves primarily with the

academic needs of the UNBC community. They apply their professional expertise to meeting

needs related to the University’s research and scholarship, teaching and learning, and service

mandates. Librarian Members are expected to keep informed of trends applicable to their duties

and responsibilities and have the right and responsibility to engage in professional activity to

maintain currency in the profession. Librarian Members contribute to the development and

implementation of strategic directions, priorities, policies, procedures, and standards for the

resources and services offered by the Library.

31.1.2 The rights, duties and responsibilities of Librarian Members derive from the academic, professional

and collegial nature of their work in the Library and at the University, and from their position as

members of the academic community. Librarian Members’ duties and responsibilities shall be an

appropriate combination of:

(a) professional practice in the University Library;

(b) scholarly activities, professional activities, and/or innovative practice; and

(c) academic service to the University community, the professional community, and/or the

community at large.

31.1.3 The exact distribution of individual duties and responsibilities may vary from time to time and from

individual to individual. Without minimizing the importance of Articles 31.1.2(b) and 31.1.2(c), for

the majority of Librarian Members the principal duties shall be those noted in Article 31.1.2(a)

above. The principal duties and responsibilities are to be outlined in the letter of appointment. Any

subsequent change in the principal duties and responsibilities shall be agreed upon by the

University Librarian and the Librarian Member through the Professional Activity Report process. If

an agreement cannot be reached, the matter will be referred to the Provost.

31.1.4 A Librarian Member’s normal workload shall be assigned by the University Librarian and shall

consist of duties and responsibilities specified in Articles 15, 24, and 31.

31.1.5 Adjustment to the normal workload will be made when a Librarian Member, with their consent,

undertakes a special assignment requested by the University Librarian.

31.2 Professional Practice

31.2.1 Professional practice for Librarian Members varies according to the primary responsibility of any

particular Librarian or Archivist.

31.2.2 Professional practice for Librarians includes, but is not limited to, one or more of the following:

(a) development and delivery of library academic information services;

(b) assessing, and ensuring the preservation of information resources;

(c) management of staff and financial resources;

(d) development, management and evaluation of information resource collections in a wide

range of formats;

(e) provision of subject-specialized and general research services;

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

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(f) development and teaching of library research methods and techniques;

(g) appraisal, acquisition, bibliographic control, storage, and preservation of information

resources and collections;

(h) development, implementation and management of information systems designed to enable

access to library services and resources, build digital collections, and facilitate scholarly

communication;

(i) provision of information literacy and library curriculum development including programming,

collaboration with faculty and teaching;

(j) faculty outreach and liaison, which may include participation in research and support for

scholarly communication;

(k) evaluation, measurement and analysis of user needs and library services and resources;

and

(l) any other function normally performed by professional Librarians.

31.2.3 Professional practice for Archivists includes, but is not limited to, one or more of the following:

(a) appraisal, selection, acquisition, preservation and accessibility of archival materials in all

formats, as well as special collections materials that support the teaching and research

needs of the University;

(b) ensuring the continued availability of transferred institutional records of archival value;

(c) supporting transmission of cultural information and historical and other research;

(d) facilitating access to archival materials through the production of finding aids and various

outreach initiatives;

(e) performing instructional, consultative and research roles through formal and informal

means of instruction;

(f) developing and implementing archival policies and procedures;

(g) planning, implementing, promoting, assessing, and supervising archival services and

preservation strategies and initiatives;

(h) management of staff and financial resources of the Archives unit;

(i) assessment and acquisition of information technology applications which support the

dissemination, organization, and preservation of archival information;

(j) providing archival reference, consultation and instruction;

(k) communicating, collaborating, and liaison with University administration, Faculty, students

and public users in the identification and analysis of user needs to determine potential

improvements to archival resources and services; and

(l) any other function normally performed by professional Archivists.

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31.3

31.3.1

31.3.2

31.4

31.4.1

(a) keeping current with developments and practices;

(b) taking relevant courses;

(c) engaging in research;

(d) attending and/or presenting at conferences or workshops;

(e) publishing or being in the process of publishing;

(f) producing reports;

(g) peer reviewing;

(h) being a member of an editorial board;

(i) providing guest lectures;

(j) supervising internships and/or practicums;

(k) producing instructional materials; and/or

(l) preparing grant applications.

31.4.2 Librarian Members engaged in research projects have the right to apply for University support in

the form of financial assistance, use of University facilities, and/or leaves of absence.

31.4.3 An individual Librarian Member shall inform the University Librarian about proposed absences for

the purpose of carrying out scholarly or outside professional activity. The University Librarian and

the Librarian Member shall attempt to reach agreement on the amount of time that will be accorded

for such activities. If agreement cannot be reached, the matter will be referred to the Provost or

designate.

Service to the University

Community, the Professional Community, and/or the

Community at

Large

Librarian

Members

have

the

right

and

responsibility

to

accept

a

fair

and

reasonable

share

of

assigned

administrative

duties

through

membership

on

appropriate

bodies,

including

Library,

Senate and University committees.

Those who

have the responsibility to make such appointments

shall

make

reasonable

efforts

to

ensure

that

academic,

professional

and

University

community

service commitments are equitably shared.

Where participation on University committees

or such

other bodies is

by election or

appointment, a Librarian Member shall be elected or appointed

only

with

their

consent.

Librarian Members may participate in

the

work of learned societies and professional organizations,

including the Faculty Association, the Confederation of University Faculty Associations of BC, and

the Canadian

Association

of University Teachers.

A

Librarian Member’s

service to such societies

and

associations

shall

be

taken

into

consideration

in

the

assessment

for

purposes

of

promotion

and Grid Steps

and shall be

treated in the same way as similar service duties

performed

within the

University.

Scholarly Activities, Professional Activities, and/or Innovative Practice

In

accordance

with

Article

31.1.3,

Librarian

Members

devote

a

reasonable

proportion

of

time

to

scholarly activities, professional activities, and/or innovative practice.

Such

activities may include,

but are not limited to:

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31.4.4 The University Librarian shall not unreasonably refuse an appropriate proposal by a Librarian

Member to be allowed to use a reasonable amount of regular working hours for scholarly or

professional activity.

31.4.5 Any productivity that results from a Librarian Member's engagement in scholarly activities,

professional activities, and/or innovative practice shall be taken into consideration when that

Librarian Member is applying for promotion.

31.5 Other Expectations

31.5.1 Librarian Members are expected to demonstrate due diligence in the exercise of their duties and

responsibilities.

31.5.2 Librarian Members are expected to adhere to University policies.

31.6 Workload Redistribution

31.6.1 A Librarian Member with a Continuing appointment may, with the agreement of the University

Librarian propose a redistribution of professional practice, scholarship, and academic and

community service workload on a temporary or ongoing basis. Normally no single category may be

weighted less than twenty percent (20%) or more than sixty percent (60%) without the approval of

the Provost. The workload distribution is negotiated for a three (3)-year period and may be

adjusted due to changing needs of the Library, or the circumstances of the Librarian Member. The

University Librarian must approve the workload redistribution plan before it can take effect.

Approval by the University Librarian shall not be unreasonably refused.

31.6.2 The workload redistribution must be documented and taken into consideration for all promotion and

grid step decisions.

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ARTICLE 32: DUTIES, RIGHTS, RESPONSIBILITIES AND TEACHING WORKLOAD OF SENIOR

INSTRUCTOR MEMBERS

32.1 The academic responsibilities of Senior Instructor Members (SIs) arise from their involvement in an

appropriate combination of:

(a) formal and informal teaching,

(b) continuing professional development; and

(c) academic, professional, University and/or relevant community service.

as agreed upon under Articles 21A.6.1, 21A.10 and 21A.11.

32.2 Teaching and Professional Development

32.2.1 The SI’s core professional function(s) is to be agreed upon in writing between the SI and their Chair

or supervisor and can include, but is not limited to, the following:

(a) teaching courses that are appropriately designed and delivered to reflect the current state

of knowledge within the discipline and the course description in the University Calendar;

(b) maintaining and developing professional competence in areas of teaching responsibility;

(c) conducting or collaborating in applied research related to pedagogy and curriculum

development;

(d) organizing practica, organizing internships and recruiting mentors in professional

programs:

(e) organizing and structuring appropriate laboratory and classroom activities;

(f) adopting reasonable means to maintain a positive learning environment, and an

environment where differing points of view may be freely expressed in a safe manner;

(g) providing students with a written course outline during the first week of classes, with a copy

to the appropriate Dean and Program Chair or Course Co-ordinator, as necessary. The

course outline, even in the instance where the SI is acting as a Course Co-ordinator, shall

include at least the following information:

(i) the name, office address, office telephone number, and weekly office hours of the

SI;

(ii) the subject matter to be explored in the course; and

(iii) a list of all required assignments and examinations and the relative weight of

assignments and examinations in the final assessment of student performance. A

SI may consult with the class about office hours, subject matter of the course and

assignments, examinations and their weighting. In the instance where the course

is not autonomous, this information should be duplicated in the course outline for

the lecture portion of the course.

(h) being fair and objective in their relations with students and in grading of student

assignments;

(i) being available for student consultations, including the posting and observance of a

reasonable number of regularly scheduled office hours;

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(j) meeting at scheduled times with laboratory, tutorial, seminar, or lecture groups except in

the case of change for valid reasons, with due notice where possible;

(k) being responsible for the preparation and grading of all examinations as required by their

course, except where otherwise arranged by the Chair or Dean as appropriate;

(l) reporting student grades in accordance with the requirements of the Freedom of

Information and Protection of Privacy legislation as amended;

(m) submitting final grades as required by University practice and the requirements of Senate,

with the realization that in the instance that the course is not autonomous, these grades will

form part of the grades submitted with the lecture portion of the course; and

(n) carrying out any other assigned duties related to the pedagogical programs of the

University.

32.2.2 Formal teaching workload for SIs shall be assigned in a manner consistent with the provisions of

Article 30, with a normal distribution of duties of seventy percent (70%) teaching, twenty percent

(20%) service, and ten percent (10%) professional development.

32.2.3 The teaching workload for SIs will include informal teaching which may include:

(a) guest lectures or modules or co-teaching arrangements at the invitation of other faculty;

(b) lab seminars for students and staff or faculty;

(c) mentoring and supervising student assistant(s);

32.2.4 SIs are expected to engage in continuing professional development which supports their teaching

competence. Such activities shall aim to increase knowledge and understanding and maintain

currency in the evolution of pedagogy and curriculum. Such activities may include, but are not

limited to:

(a) reading scholarly work in the discipline of the SI;

(b) engaging in and/or collaborating in applied research on teaching and learning;

(c) publishing course materials or other relevant documents;

(d) taking course(s) related to teaching, pedagogy and curriculum development; and

(e) attending teaching or other professional development scholarly workshop(s).

32.3 Academic, Professional, University and Community Service

32.3.1 SIs have rights and responsibilities to accept a fair and reasonable share of administrative duties

by participating in the work of the University through membership on appropriate bodies, for

example: Program, Faculty, College, and Senate Committees.

32.3.2 SIs have the right to participate in the work of learned societies and professional organizations,

including the Association, the Confederation of University Faculty Associations of B.C. and the

Canadian Association of University Teachers. When a SI's service to such societies and

associations conflicts with scheduled teaching or administrative duties, the SI shall make

arrangements, subject to the approval of their Chair or Dean, as appropriate, to make sure that

those duties and responsibilities are fulfilled. A SI's service to such societies and associations shall

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be considered in the assessment of the academic performance of the SI, and shall be treated in the

same way as similar community service duties performed within the University.

32.4 Free Expression

In any exercise of free expression, SIs have the responsibility to be explicit as to whether they are

speaking in a professional capacity or as private citizens. Senior Instructors will not speak on

behalf of the University unless so authorized. An indication of affiliation with the University shall not

be construed as speaking on behalf of the University.

32.5 Absence From Campus

Notwithstanding the other provisions of this Agreement, a SI may request, and the Dean may grant,

a period of authorized absence during which time a Member is not subject to being recalled to

campus, provided that during the period of authorized absence the Member has no scheduled

teaching responsibilities and the purpose of the leave is in accordance with University objectives.

The Dean shall decide within fifteen (15) days of receiving a request for authorized absence and

shall not unreasonably refuse such a request for authorized absence. A period of authorized

absence is not a leave and shall not normally exceed ten (10) days. During such a leave the

Member is presumed to be at work carrying out research, engaging in professional activities or

relevant service for the academic community, or preparing for scheduled duties.

32.6 Redistribution of Workload

32.6.1 Throughout the career of an SI Member the conditions of Article 32 shall apply. An SI holding a

Continuing appointment, may agree with their Chair and the Dean to a distribution of core

professional activities and service workload on a temporary or ongoing bases but normally no

single category may be weighted less than ten present (10%) or more than eighty percent (80%)

without the approval of the Provost. The workload distribution is negotiated for a three (3) year

period and may be adjusted due to changing needs of the Academic Program, or circumstances of

the Member.

32.6.2 The revised distribution of workload must be documented and taken into consideration for all

promotion and grid step decisions. Revisions to the standard review criteria and expectations must

be clearly delineated and approved by the Chair, Dean and Provost to reflect additional or reduced

expectations that result from the redistribution of workload in any category. These revised criteria

and expectations will form a part of the documentation used in all promotion and grid step

decisions.

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ARTICLE 33: NOT USED

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ARTICLE 34: DUTIES, RIGHTS AND RESPONSIBILITIES OF SESSIONAL INSTRUCTORS

34.1 The teaching rights and responsibilities of every Sessional (Part-time) Instructor include the

following:

(a) to present courses which are appropriately designed and delivered, and which reflect both

the current state of knowledge and the course description in the University Calendar;

(b) to organize and to structure appropriately classroom and laboratory activities, and to adopt

reasonable means to maintain a positive learning environment, and an environment where

differing points of view may be freely expressed;

(c) to provide students with a written course outline during the first week of classes, with a

copy to the Sessional Instructor’s Program Chair and Dean. The outline shall include at

least the following information:

(i) the name, office address, office telephone number, and weekly office hours of the

Instructor;

(ii) the subject matter to be explored in the course; and

(iii) a list of all required assignments and examinations and the relative weight of

assignments and examinations in the final assessment of student performance.

An Instructor may consult with the class about office hours, subject matter of the

course and assignments, examinations and their weighting, and provide the class,

the Program Chair and Dean copies of the course outline following this

consultation.

(d) to be fair and objective in their relations with students and in grading of student

assignments;

(e) to report student grades in accordance with the requirements of the Freedom of

Information and Protection of Privacy legislation as amended;

(f) to be available for student consultations, including posting and observing a reasonable

number of regularly scheduled office hours;

(g) to meet at scheduled times with tutorial, seminar, laboratory, and lecture groups except

when a change is made for valid reasons, with advance notice given where possible;

(h) to be responsible for the preparation and grading of all examinations as required by their

courses, unless the Program Chair or Dean makes other arrangements; and

(i) to submit final grades as required by their Faculty practice and the requirements of the

Senate.

34.2 Any evaluation of Sessional Instructors shall give due consideration to lack of timely notification

under Article 14.6 or lack of access to services or resources as outlined in Article 27.3.

34.3 In any exercise of free expression, Sessional Instructors have the responsibility to be explicit as to

whether they are speaking in a professional capacity or as private citizens. Sessional Instructors

will not speak on behalf of the University unless so authorized. An indication of affiliation with the

University shall not be construed as speaking on behalf of the University.

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ARTICLE 35: DUTIES, RIGHTS, RESPONSIBILITIES AND TEACHING WORKLOAD OF SENIOR

LABORATORY INSTRUCTOR MEMBERS

35.1 The academic responsibilities of Senior Laboratory Instructor Members (SLIs) arise from their

involvement in an appropriate combination of:

(a) core professional function(s);

(b) continuing professional development; and

(c) academic, professional, University and/or relevant community service

as agreed upon under Articles 21A.8.1, 21A.12.2 and 21A.13.

35.2 Core Professional Function(s)

35.2.1 Core professional function(s) for a SLI comprise the main job duties assigned to the SLI.

35.2.1.1 The exact distribution of these duties may vary among disciplines and may vary among individuals.

The core professional function(s) is to be outlined initially in the appointment letter. Any subsequent

change in the core professional function(s) is to be negotiated between the SLI and their Chair or

relevant Supervisor and must be spelled out in the Professional Activity Report.

35.2.2 The SLI’s core professional function(s) is to be agreed upon in writing between the SLI and their

Chair or supervisor and can include, but is not limited to, the following:

(a) developing and maintaining up to date teaching infrastructure, involving research into

teaching methods, equipment, software, etc.;

(b) organizing practica, organizing internships and recruiting mentors in professional

programs;

(c) teaching courses that are appropriately designed and delivered to reflect the current state

of knowledge within the discipline and the course description in the University Calendar;

(d) organizing and structuring appropriate laboratory and classroom activities;

(e) adopting reasonable means to maintain a positive learning environment, and an

environment where differing points of view may be freely expressed in a safe manner;

(f) providing students with a written course outline during the first week of classes, with a copy

to the appropriate Dean and Program Chair or Course Co-ordinator, as necessary. The

course outline, even in the instance where the SLI is acting as a Course Co-ordinator, shall

include at least the following information:

(i) the name, office address, office telephone number, and weekly office hours of the

SLI;

(ii) the name, office address, office telephone number, and weekly office hours of the

Instructor if different from the SLI;

(iii) the subject matter to be explored in the course; and

(iv) a list of all required assignments and examinations and the relative weight of

assignments and examinations in the final assessment of student performance. A

SLI may consult with the class about office hours, subject matter of the course and

assignments, examinations and their weighting. In the instance where the course

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is not autonomous, this information should be duplicated in the course outline for

the lecture portion of the course.

(g) being fair and objective in their relations with students and in grading of student

assignments;

(h) being available for student consultations, including the posting and observance of a

reasonable number of regularly scheduled office hours;

(i) meeting at scheduled times with laboratory, tutorial, seminar, or lecture groups except in

the case of change for valid reasons, with due notice where possible;

(j) being responsible for the preparation and grading of all examinations as required by their

course, except where otherwise arranged by the Chair or Dean as appropriate;

(k) reporting student grades in accordance with the requirements of the Freedom of

Information and Protection of Privacy legislation as amended;

(l) submitting final grades as required by University practice and the requirements of Senate,

with the realization that in the instance that the course is not autonomous, these grades will

form part of the grades submitted with the lecture portion of the course; and

(m) carrying out any other properly assigned duties related to the pedagogical programs of the

University.

35.2.3 The teaching workload for SLIs shall be determined in a manner consistent with the provisions of

Article 30, and with the provision that the Chair and Dean, in consultation and with the cooperation

of the Member, may negotiate a change in the required Semester Contact Hour (SCH) with respect

to other duties.

35.2.4 In cases where formal courses are not taught, teaching workload will be calculated based on

workload equivalents assigned by the Chair and Dean. Equivalents will be constructed from

annually agreed upon duties illustrated by, but not limited to, the following:

(a) guest lectures or modules or co-teaching arrangements at the invitation of other faculty;

(b) lab seminars for students and staff or faculty;

(c) mentoring and supervising student assistant(s);

(d) advising students or faculty on educational or information technology, or other areas of the

SLI's specialty;

(e) membership on graduate student committees; and

(f) organizing practice, organizing internships and recruiting mentors in professional programs

35.3 Continuing Professional Development

35.3.1 It is expected that SLIs will maintain and develop their professional competence as SLIs. To that

end, SLIs have rights and responsibilities to engage in scholarly activities and continuing

professional development. Such activities shall aim to increase knowledge, increase understanding

and improve the professional competence of the SLI. Such activities may include, but are not

limited to:

(a) reading scholarly work in the discipline of the SLI;

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(b) engaging in research;

(c) publishing laboratory manuals or other relevant documents;

(d) taking course(s) related to their core professional duties;

(e) attending teaching or other scholarly workshop(s); and

(f) organizing practice, organizing internships and recruiting mentor(s) in professional

programs.

35.4 Academic, Professional, University and Community Service

35.4.1 SLIs have rights and responsibilities to accept a fair and reasonable share of administrative duties

by participating in the work of the University through membership on appropriate bodies, for

example: Program, Faculty, Faculty, and Senate Committees.

35.4.2 SLIs have the right to participate in the work of learned societies and professional organizations,

including the Association, the Confederation of University Faculty Associations of B.C. and the

Canadian Association of University Teachers. When a SLI's service to such societies and

associations conflicts with scheduled teaching or administrative duties, the SLI shall make

arrangements, subject to the approval of their Chair or Dean, as appropriate, to make sure that

those duties and responsibilities are fulfilled. A SLI's service to such societies and associations

shall be considered in the assessment of the academic performance of the SLI, and shall be

treated in the same way as similar community service duties performed within the University.

35.5 Redistribution of Workload

35.5.1 Throughout the career of a SLI Member the conditions of Article 35 shall apply. A SLI holding a

Continuing appointment, may agree with their Chair and the Dean to a distribution of core

professional activities, scholarship, and service workload on a temporary or ongoing basis but

normally no single category may be weighted less than twenty percent (20%) or more than sixty

percent (60%) without the approval of the Provost. The workload distribution is negotiated for a

three (3) year period and may be adjusted due to changing needs of the Academic Program, or

circumstances of the Member.

35.5.2 The revised distribution of workload must be documented and taken into consideration for all

promotion and grid step decisions. Revisions to the standard review criteria and expectations must

be clearly delineated and approved by the Chair, Dean and Provost to reflect additional or reduced

expectations that result from the redistribution of workload in any category. These revised criteria

and expectations will form a part of the documentation used in all promotion and grid step

decisions.

35.6 Free Expression

In any exercise of free expression, SLIs have the responsibility to try to avoid ambiguities as to

whether they are speaking in a professional capacity or as private citizens. SLIs should not speak

on behalf of the University unless so authorized. An indication of affiliation with the University shall

not be construed as speaking on behalf of the University.

35.7 Absence From Campus

Notwithstanding the other provisions of this Agreement, a Member may request, and the Dean may

grant, a period of authorized absence during which time a Member is not subject to being recalled

to campus, provided that during the period of authorized absence the Member has no scheduled

teaching responsibilities and the purpose of the leave is in accordance with University objectives.

The Dean shall decide within fifteen (15) days of receiving a request for authorized absence and

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shall not unreasonably refuse such a request for authorized absence. A period of authorized

absence is not a leave and shall not normally exceed ten (10) days. During such a leave the

Member is presumed to be at work carrying out research, engaging in scholarly, creative, or

professional activities for the academic community, or preparing for scheduled duties.

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APPENDIX 35A: DUTIES, RIGHTS, RESPONSIBILITIES AND TEACHING WORKLOAD OF SENIOR

LABORATORY INSTUCTOR MEMBERS (SLIs) WORKING GROUP

The parties agree to establish a joint working group, upon ratification of the Agreement, to review and develop

language on the workload of Senior Lab Instructor Members.

The Employer will name its representatives to this working group, and the Association will name its representatives

to this working group. There will be no restriction on the number of representatives appointed to this working

group. The Employer and Association will each name a co-chair of the working group.

The working group will identify and mutually agree on recommended changes to the language in Article 35, and will

submit a MOU to the Joint Consultation Committee by no later than six (6) months before the expiration of the

Agreement.

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ARTICLE 36: ALTERATION OF REGULAR WORKING CONDITIONS

36.1 The Employer is committed to supporting a healthy workplace environment.

36.2 Short-term Alteration of Working Conditions:

Under reasonable circumstances, a Member may need to request short term alteration of regular

working conditions (i.e. alteration of hours of work, teaching schedule, etc.) that normally would not

exceed the period of a semester and is not directly related to a LTD claim. Requests should be

made in writing by the Member to the appropriate Dean, with a copy to the Program Chair. The

Dean will have the authority to either grant or deny the request. If the request is granted, the Dean

will outline the working conditions that will be altered and the affected semester or period of time.

The Dean will inform the Member of their decision to grant or deny the request in writing prior to the

commencement of the altered work period, and will provide a copy to the Program Chair.

36.3 Long-term Alteration of Working Conditions:

36.3.1 Due to a medically recognized condition, a Member may need to request long term or permanent

alteration of regular working conditions not directly related to a LTD claim. Members should obtain

the form entitled “Faculty Request Form for Alteration of Working Conditions” from the Office of

Health and Wellbeing and have an attending Physician complete and authorize the form. The form

must then be returned to the Office of Health and Wellbeing, who will forward the form to the

appropriate Dean. The Dean will meet with the Member to discuss options for alteration of working

conditions. The Member may seek advice or support from the Association, and the Dean will

consult with the Office of Health and Wellbeing in the Human Resources Department during these

discussions. The Dean may also request that the Employer seek a second opinion related to this

matter from a physician of its choice prior to any final decision to alter working conditions. If the

Dean, in consultation with the Office of Health and Wellbeing, determines that working conditions

will be altered, and once the conditions have been agreed upon by the Dean and Member, the

Dean will inform the Program Chair and forward the “Faculty Request Form for Alteration of

Working Conditions” to the Office of Health and Wellbeing to be filed in the Member’s confidential

medical file.

36.3.2 If the Dean, in consultation with the Office of Health and Wellbeing, determines that there is not

reasonable evidence to consider long-term alteration of working conditions, the Dean may choose

to either recommend a short-term alteration of working conditions and the terms, or deny the

request. The Dean will inform the Member in writing of their decision, and forward a copy to the

Program Chair.

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APPENDIX 36A: Faculty Request Form for Alteration of Working Conditions

Employer Request:

The following employee has requested long term or permanent alteration of normal working conditions as the result

of a medical condition, and we would respectfully request confirmation of the employee’s condition.

_______________________________________ ________________________________________

Name of employee Title and Program

Employee Authorization:

I hereby authorize the release to UNBC of the information requested below.

______________________________________ ______________________________________

Employee’s signature Date

Attending Physician Statement:

Please confirm your patient is suffering from a medically recognized condition (there is no requirement to provide

the specific diagnosis):

Yes No

Treatment Dates:

• Date of first visit for current medical condition ____________________________________________

• Date of other visits related to this medical condition________________________________________

• Date of most recent visit related to this medical condition ___________________________________

Treatment:

• Is patient following a recommended treatment program? Yes ____ No ____ (If no, please elaborate)

________________________________________________________________________________________

Restrictions:

• What are the patient’s occupational limitations?

________________________________________________________________________________________

Accommodation(s):

• What work alteration(s) are recommended as a result of the employee’s condition?

________________________________________________________________________________________

Prognosis:

• Prognosis for complete medical recovery.

________________________________________________________________________________________

We would appreciate any additional comments that would help us better understand your patient’s medical

condition:

___________________________________________________________________________________________

Name of Attending Physician (please print) ______________________ Specialty ______________________

Address:

__________________________________________________________________________________________

Signature: _______________________________ Date: ____________________________________

NB: Please be aware that the University may also seek a second opinion related to this matter from a physician of its

choice.

When completed, please forward this form marked “Personal & Confidential” to the attention of:

Director of Health and Wellbeing Tel: (250) 960-5177

University of Northern British Columbia Fax: (250) 960-5571

3333 University Way

Prince George, BC V2N 4Z9

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ARTICLE 37: REDUCED WORKLOAD

37.1 The purpose of this Article is to allow for the reduction of workload so the Member can address

temporary or permanent non academic situations.

37.2 Application and Conditions for Reduced Workload

37.2.1 An appointment with reduced workload is a change in appointment which a Member with Tenure or

a Continuing appointment, may request, and the Employer may grant, which carries a reduced

workload for a specified period of time.

37.2.2 A reduced workload shall normally entail the same proportional reduction in each of the

components of the Member's workload as specified in Article 31 (Librarian Members’ Duties,

Responsibilities and Workload), Article 30 (Teaching Workload) and Article 29 (Duties, Rights and

Responsibilities of Faculty Members) and Article 35 (Duties, Rights, Responsibilities and Teaching

Workload of Senior Laboratory Instructors), as appropriate, except where the Member and the

Employer agree to a variation. A reduced workload may entail a reduction in the Member's normal

workload throughout the academic year or for a portion of the academic year or any combination

thereof. A reduction of more than two-thirds (2/3) of normal workload or a release from all

workload for more than two-thirds (2/3) of the academic year will normally not be granted. The

reduced workload shall continue for a specific period of time, and shall normally begin on any July

1 or January 1 and end on any June 30 or December 31.

37.2.3 A Member shall make the application for a reduced workload in writing to the Member's Dean or

University Librarian or equivalent for other Members by requesting a change from full-time to

reduced workload. A copy of the application will be sent to the Association by the Member. An

application for reduced workload may only be denied for good academic or administrative reasons

and shall be dealt with within thirty (30) days of application. The decision of the Provost shall be

communicated to the Member in writing, with reasons stated for any decision to defer or deny the

application, and shall not unreasonably be denied. In making the decision, the University may also

be guided by the reasons stated in the application.

37.2.4 The application should include proposals for:

(a) the duration of the reduced workload;

(b) a detailed plan of the nature of the reduction; and

(c) any other conditions the applicant deems relevant.

37.2.4.1 The Member may include in the application any additional information including the reasons for the

request.

37.2.5 The terms of a reduced workload shall be as agreed between the Employer and the Member, and

the Member has the right to be represented by the Association in any discussions leading to

a reduced workload.

37.2.6 No reduced workload shall take effect unless and until the Member and the Employer agree in

writing to all the terms and conditions of the reduced workload. When a reduced workload is

negotiated, the duration of the agreement must be specified. When the agreement has been

signed, the Employer shall send a copy of the agreement to the Association within ten (10) days of

signing by the Employer and the Member.

37.3 Rights of Member with Reduced Workload

37.3.1 A Member with a reduced workload has all the rights under this Agreement of a Member on full

workload except as specified in the reduced workload agreement. A reduced workload shall not

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change the Member's rights to security of employment. Time spent on reduced workload shall

count no less than the proportion of the reduced workload as a period of service for sabbatical

credit and requirement for Tenure.

37.3.2 A Member holding a Tenured or Continuing appointment with reduced workload has all the rights

associated with a Tenured or Continuing appointment as defined in this Agreement.

37.4 Salary and Benefits

37.4.1 For an appointment with reduced workload the Member's nominal salary shall be subject to all

salary adjustments which would be applicable to that Member's salary if their had been on full

workload. During the period of service under the reduced workload, the actual salary received by

the Member shall be the pro rata proportion of the nominal salary, unless otherwise stated in the

reduced workload agreement.

37.4.2 Except as provided for in this Article, or as may be negotiated between the Parties, a Member with

reduced workload is entitled to full benefits related to their nominal salary. For non-salary related

benefits during a period of reduced workload the Employer shall continue to pay its portion of the

premiums for the Member's benefits. The Member has the option of making pension contributions

on the basis of either their actual or nominal salary. In the latter case the Member may also

contribute the Employer's contribution representing the difference between the Member's nominal

and actual salary for as long as permitted by Revenue Canada. The Employer shall make its

pension contribution on the basis of the Member's actual salary or as agreed to by the Member and

the Employer.

37.4.3 The Employer and the Member may agree at the outset that the reduced workload arrangement be

permanent. Non-permanent reduced workload assignment shall not normally exceed three (3)

years, but renewal may be requested following the procedures in Article 37.2. An application for

renewal must be made by the Member on or before October 15 of the final year of a non-

permanent reduced workload assignment.

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ARTICLE 38: OUTSIDE PROFESSIONAL ACTIVITIES

38.1 The professional expertise of Members often affords them opportunities to exercise that expertise

outside their regular University duties. The Employer recognizes that outside professional activities

conducted with professional and academic responsibility bring benefits to the University and

enhance the professional, scholarly and scientific roles of the Member. This Article applies to both

paid and unpaid professional activities that involve the application of special skills and knowledge

within the Member's particular academic competence. A Member may engage in such activities

subject to the following conditions:

(a) Such activities shall not hinder the fulfilment of the Member's obligations to the University,

including scholarly work, and the undertaking of a fair share of academic administration;

and

(b) Outside professional activities shall not require the commitment of a block of time which

would interfere with the Member's scheduled teaching activities.

38.2 A Member shall consult with the Dean in advance as to whether or not any proposed substantial

outside professional activity would be viewed as conflicting or interfering with their obligations,

duties and responsibilities. In addition, a Member shall, upon written request, make available to

their Dean, information on the nature and scope of outside professional activities. Outside

professional activities carried out and the benefits which have accrued to the University from those

activities shall form a portion of the Professional Activity Report of the Member.

38.3 When outside professional activities would involve the use of the University's facilities, employees

or services, such use shall be subject to the approval of the Dean in consultation with the Chair of

the Program with which the Member is affiliated. The request for approval shall include information

on the nature and scope of the outside professional activities for which support is requested. If

approval is granted, the charges for such equipment, supplies, facilities, employees or services

shall be at the prevailing rates, unless the appropriate Employer`s authority agrees, in writing, to

waive all or part of the charges. When engaging in outside professional activities, the Member

shall ensure that they do not represent themselves as acting on behalf of the University. The

Employer will assume no liability for any action brought against a Member as a result of outside

professional activities.

38.4 The name of the University shall not be used in any outside professional activity unless agreed, in

writing, by the appropriate Employer`s authority, although nothing shall prevent the Member from

stating the nature and place of their employment, rank and title in connection with outside

professional activities, provided that they shall not purport to represent the University or speak for

it, or to have its approval unless that approval has been given in writing.

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SECTION F

INTELLECTUAL PROPERTY

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ARTICLE 39: INTELLECTUAL PROPERTY POLICY

1. Purpose

The term “intellectual property” (IP) means different things to different people in different contexts and

environments. For example, in a legal sense, the emphasis is on ownership; in this context, IP is concerned with

patents, copyrights, trademarks and the like, all of which provide legal protection for something that has real or

potential commercial value. In general, common law and certain statutes and acts (e.g., Canadian Patent and

Copyright Acts) are the legal means by which IP is defined and through which IP rights can be protected.

A strictly legal framework for and approach to IP rights, based closely on copyright, patent and the like, is not

sufficient within an academic community where the emphasis is on the word “intellectual”. Academic community

values openness, sharing of ideas, and scholarly activity, and its primary goals are to increase and disseminate

knowledge.

Efforts to increase and to communicate knowledge are at the heart of academic endeavours. These endeavours

may result in the creation of IP which will have rights conferred by statute and common law in Canada, and which

may be eligible for rights in other countries and under international treaties.

Within the University community it is important to ensure that such IP rights are properly conferred on all those who

are responsible for the development of the IP, while at the same time encouraging the openness and free exchange

of ideas that are essential to successful scholarship. This policy requires the contribution of all parties to be

appropriately recognized.

Except in certain well-defined situations, this policy provides that the ownership of IP rights rests with the creator(s)

of the IP. Because of the complex interactions of members of the University in the course of their work, a chief

difficulty in implementing such a policy lies in identifying the creator(s), and in determining who should share in any

benefits resulting from IP. A substantial part of this policy is concerned with setting out the principles and

procedures to be used in such determinations. However, a critical need that cannot be imposed, is the requirement

for all parties to discuss and negotiate issues with professionalism and in good faith. Consideration has been given

to standards and traditions in diverse academic disciplines. (Please refer to the Glossary of Terms at the end of

this Policy).

The Parties would like to acknowledge that this policy is largely based upon the Intellectual Property Rights policy

from the University of Waterloo.

2. Principles

Ownership

Except as stipulated below, ownership of rights in IP created in the course of teaching and research activities

belong to the creator(s). The exceptions are:

• The University normally retains ownership of IP rights in works created as ‘assigned tasks’ in the course of

administrative activities.

• Owners of IP rights in scholarly works created in the course of teaching and research activities grant the

University a non-exclusive, free, irrevocable license to copy and/or use such works in other teaching and

research activities, but excluding licensing and distribution to persons or organizations outside the

University community. Any such licensing and/or distribution activity would be authorized only by an

additional license from the owner(s).

• In sponsored or contract research activities, ownership of IP rights may be determined in whole or in part

by the regulations of the sponsor or the terms of the contract. Participants in these research activities must

be made aware of any such stipulations of the contract by the Principal Investigator, that is, the leader of

the research project.

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Contributions

All contributors to scholarly works should receive appropriate recognition for their contributions. Depending on the

nature of a contribution, appropriate recognition can take, but is not limited to, one or more of the following forms:

• recognition as a creator

• recognition through an acknowledgement or citation. The University, because of its capacity as nurturer,

facilitator and/or supporter of scholarly works, should be recognized for its contributions to teaching and

research activities.

Sharing of Proceeds

In the event of commercial exploitation of a scholarly work, all intellectual contributors to that work should be

entitled to share in the proceeds in proportion to their contributions, unless the entitlement to share has been

willingly waived through informed consent. A share in the proceeds could also be granted to other parties such as

the University or financial sponsors, at the discretion of the intellectual contributors.

Disclosure

Members of the University who have developed IP and intend to pursue commercialization or other opportunities,

must inform the Vice-President Research and Innovation or delegate, in advance and in writing, of the nature of the

IP, and the intentions of the researcher(s) for it, so that they are aware of the activity and can respond to inquiries

from external sources.

Obligations to Others

Members of the University are required to respect third-party IP rights; this precludes using pirated software,

photocopied textbooks, and the like.

Collaborative Relationships

Collaborators should specify, in advance and in writing, how the process by which the rights to IP arising out of the

collaboration will be determined. The determination of rights should be based on the extent and nature of the

contribution, and not on differences in power. Any waiver or modification of rights requires informed written

consent.

Contributors

Consistent with the Statement of Principles, all contributors to scholarly works should be recognized, regardless of

their status at the University.

Ownership of Works Created by Others

It is not possible for an individual to have exclusive ownership of a complete work created, in whole or in part, by

others, unless IP rights have been willingly waived or assigned under informed consent by the creator(s). It is

possible for the University to own exclusively, the work created by individuals.

Recognizing Contributions by the University

In meeting its role as a research and teaching institution, the University strives to provide an environment in which

scholars are able to pursue their teaching and research activities. In reporting their work, members of the

University should acknowledge the University as the location at which the work was done. In the spirit of

collegiality, developers of IP are encouraged to recognize the University’s indirect support (such as library

resources, computing infrastructure), through a financial contribution.

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Use of Scholarly Works on Campus

When the ownership and right to exploit a work resulting from teaching and research activities at the University

rests with the creator(s), the University has an irrevocable right to copy and/or use the work for academic purposes

royalty free (note: this implies that the material(s) should be sold at reasonable and justifiable costs). This has a

number of consequences, including:

• It allows members of the University to make royalty-free, non-commercial use of developments, creations

and data that other University members have created, for teaching and research activities. Use will be

subject to the presence of appropriate safeguards for IP.

• It does not permit a member of the University to take a scholarly work and use it to perform consultative or

contract work without the express written consent of the creator(s).

• It does mean that if a textbook, written in the course of teaching and research activities at the University, is

specified by (one of) the author(s) as a required course text, the author(s) must declare the conflict of

interest arising from the situation.

• When a publication is not held by a publisher at arms’ length, reasonable efforts should be made to give

effect to the “royalty-free use” doctrine adopted in this policy.

• It does not allow for a scholarly work to be made available outside the University community without the

written consent of the creator(s).

3. Authorship

Application

One of the responsibilities of researchers is the obligation to ensure that their work is published or publicly

disseminated in some manner; if this is not done, it is as if the research was never performed. At the University,

this responsibility is shared by all material contributors to the work. In reporting scholarly research results, all

authors of a publication must examine and accept responsibility for the contents of the publication, and all members

of the research team must ensure that appropriate credit be given for work done by all contributors.

This authorship section applies principally to scholarly publications, and should be adhered to by all members of the

University, except in situations where adherence would be in conflict with normal practice or policy established by a

discipline or professional association. If such a conflict exists, the author(s) should refer the matter to the Vice –

President Research and Innovation or delegate who will determine the policy to be followed in the particular case.

Theses: Theses are a special case of scholarly work. A thesis embodies the results of a student’s research

program, and, especially at the graduate level, is a substantial and original piece of work. Students are the sole

authors of their theses, but the work is carried out under the supervision of a faculty member. Because practices

vary between and within disciplines, the amount of involvement of the supervisor in the research may also vary,

from the apprenticeship or collaborative team research model, to the virtual independence of the student.

Publications coming from the thesis or commercial development of the thesis work must acknowledge appropriately

all contributors to the work. IP rights associated with the content of a thesis belong to the student, unless modified

or waived through informed consent.

Principles

Authors of a publication comprise all, and only those individuals who have made a significant intellectual or

scholarly contribution to the work reported, and without whose contribution the work would not be complete.

Authors are normally listed in the order of the significance of their contributions, or in a manner consistent with

disciplinary expectations. The University recognizes that attribution of authorship under these guidelines may differ

significantly from attribution in accordance with the legal doctrines of patent or copyright. In exercising the rights

conferred by law, authors should be aware that the determination of such rights is not affected by relative merit or

the extent of respective contributions.

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Interpretation

An interpretation of the principles above would normally mean that:

• Students are first authors of publications based on their thesis work.

• An administrative relationship to the investigator(s) does not merit authorship credit.

• Financial support is not sufficient on its own to merit authorship credit.

• A contributor’s status is not sufficient reason to award or deny authorship credit.

• Although the relative significance of contributions is often recognized in academic circles, as it is in this

policy, authors should be aware that no such distinction is recognized by legal doctrines of patent or

copyright in society at large. The legal determination of IP rights such as patent and copyright is not based

on relative merit or the extent of contributions.

4. Collaborative Research

The University encourages researchers to share information and to work in collaboration with others, where this is

likely to advance the state of knowledge. However, where collaboration occurs between University researchers

and researchers at outside institutions, agencies and companies, conflict may arise between this policy and the

way that IP rights are treated elsewhere. Special situations of on-campus collaboration, such as long-term

research with changing members of a research team also complicate the allocation of IP rights.

Principles

All collaborative research at the University will be undertaken in a climate of informed consent. Except in the case

of an assigned task, the researcher’s position at the University must not be contingent on the waiving of rights to IP.

Where researchers at the University enter into an agreement which waives, limits or assigns IP rights, that

agreement must be reviewed and approved by the Vice-President Research and Innovation or delegate. In cases

where a collaborative research project is under way and an agreement(s) with respect to the sharing of IP rights

has been established, no individual may modify the agreement without making a reasonable effort to obtain written

informed written consent of all other parties to the research. Where established agreements are modified which

waive, limit or assign IP rights, that modified agreement must be reviewed and approved by the Vice-President

Research and Innovation or delegate and, if graduate students are parties to the research, the Dean of the

student’s graduate program. IP rights should be attributed in accordance with written negotiated agreements

among the parties concerned, with due consideration given to Canadian and international law.

Interpretation

Individuals from outside the University working at the University will adhere to policies of the University for work

performed on campus. It is the responsibility of the senior University collaborator(s) to inform the individual(s) of

this situation. Individuals from the University working at other institutions will adhere to the policies of those

institutions for research undertaken there, unless other contractual arrangements are made with the appropriate

institution. On-going collaborative research presents a special problem regarding IP rights. For example, a

research product may arise from research undertaken by a team whose membership changes over time. The

default option presented in this policy will be employed in these situations unless researchers have willingly,

through informed consent, entered into an acceptable agreement with different provisions.

Acceptable Limitations under Sponsored Research

In principle, University researchers retain ownership of their work, but where sponsored or contract research is

undertaken, it may not be possible to do so. Two firm principles are that University researchers retain initial

publication rights to their work, and that they adhere to the academic standards of their discipline.

Guidelines on reasonable limitations/exceptions are:

• Members of the University entering into a relationship which will limit their enjoyment of normal academic

benefits of their research must enter into it with informed written consent.

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• In situations where companies or agencies that fund research retain ownership of IP generated by that

research, some other academic benefit must be derived. That is, the research must support the generation

and dissemination of knowledge in some other way (e.g., by funding labs that directly support other

research). Whether any agreement for sponsored research will result in academic benefit to the

researcher(s) and the University will be decided by the Vice-President Research and Innovation or

delegate in consultation with the appropriate Dean and Chair.

• For graduate students, the agreement must also be approved by the Dean of the student’s graduate

program. In the special case where a graduate student is employed by a company in which their

supervisor has any direct or indirect involvement, care must be taken to avoid situations of coercion or

perceived coercion. It is the responsibility of the Dean of the student’s graduate program to ensure that

graduate students are made aware of this policy and the surrounding issues.

5. Copyright

Preamble

A substantial amount of material in the following is adapted from the Canadian Copyright Act, Revised 1998.

Copyright is a statutory right conferred on citizens of Canada by the Canadian Copyright Act. By means of

international treaties, the rights defined in the Canadian Copyright Act extend to nationals of many other countries,

and protect works of Canadian nationals in those countries on a reciprocal basis. The kinds of works protected by

copyright include architectural, artistic, literary (which include computer programs for purposes of copyright),

choreographic, dramatic, engravings, and compilations. Copyright in material created at the University is a property

right of the author(s) subject to any modification or limitation set out in this policy, or to any stipulation imposed by

contractual obligations to parties external to the University.

Ownership of Copyright

The Canadian Copyright Act provides for the ownership of copyright to be vested in the employer when works are

created in the course of employment except where agreement to the contrary exists. In order to give effect to this

policy, and to clarify the intention of the University, the University hereby affirms that in such cases, the author is

owner of copyright in works created through teaching and research activities except for the following:

* Works created or modified by members of the University as assigned tasks in the course of their normal

employment, and which are intended to assist in the operation, administration and/or management of the

University’s affairs. This includes works created, modified, or adapted as assigned tasks by members of

the University in the process of course planning and administration (for example, course outlines, and final

examinations). Copyright of teaching materials created by the Member shall remain with the member.

* Members of the University may from time to time form groups to carry out research or other projects, the

results of which may include “works of joint authorship”. In such cases the group members may devise a

plan, to share copyright among members of the group, or to share in any proceeds resulting from sale or

licensing of the works. The University recognizes the validity of any such plan, provided it is in writing,

agreed to through informed consent by all members of the group, and has been deposited in the Office of

Research and Innovation. In the absence of such a plan, revenue flowing from such situations will be

determined according to the default rules outlined above.

University License

Members of the University who own copyright in works created in the course of teaching and research activities and

where the works have been printed and distributed or made publicly available through, for example, the Library

(subject to stipulations in external contracts), grant the University a non-exclusive, royalty-free, irrevocable license

to reproduce such works for the purposes of scholarly research, teaching (including distance and continuing

education courses) and administration carried on at the University. In the case of computer software, this

requirement would normally be met by providing linkable object code for use within the University. The license

granted herein does not confer any commercial rights to copyrighted works.

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Moral Rights

In the course of using some copyright works, particularly computer programs or certain types of technical treatises,

it may be desirable to modify, translate, adapt or otherwise change the works for scholarly objectives. Members of

the University who use the copyrighted works of others are cautioned that the grant of license to use such works

does not include a waiver of “moral rights” of the original author(s). In the Canadian Copyright Act, moral rights are

infringed if a work is, to the prejudice of the honour or reputation of the author, (a) distorted, mutilated or otherwise

modified; or (b) used in association with a product, service, cause or institution.

Works in Which the University Owns Copyright

In general, members of the University may make copies of works, or parts thereof, in which the University owns

copyright, or has a license to make copies by virtue of the preceding section, for use in teaching and research

activities. This permission does not extend to works marked confidential, or to other works which may be

designated as exempt from this provision. In all cases where permission to copy University-owned works is not

clear, clarification should be obtained from the Library Technical Assistant - Copyright. When copies of University-

owned material will be accessible to external parties, for example, on the Internet, such copies shall include an

appropriate copyright notice, as approved by the University Librarian.

Copyright Materials, Including Computer Software

It often becomes desirable to license copyright material, particularly computer software, to external parties. Under

this policy, a copyright owner has the following options:

Option 1: undertake their own licensing and distribution activity in accordance with the ownership and proceed

sharing policies of the University;

Option 2: engage the services of an external agency to manage licensing and distribution activity in accordance

with the ownership and proceed sharing policies of the University;

Option 3: request the assistance of the University in the management of licensing and distribution activity. Owners

of copyright who select Option 1 or 2 must inform the Vice-President Research and Innovation or delegate of the

licensing and distribution activity, so that they are aware of the activity and can respond to inquiries from external

sources. Option 3 is administered through the Office of Research and Innovation. In all cases, it is the

responsibility of the members of the University initiating licensing and distribution activities to ensure that they have

the right to enter into such activities, and that there are no competing claims of authorship or copyright ownership.

6. Patents

Preamble

A substantial amount of material in the following is from A Guide to Patents by the Canadian Intellectual Property

Office.

A patent is a document protecting the rights of the inventor(s) and a repository of useful technical information for

the public. Through a patent, the government gives the inventor the right to exclude others from making, using or

selling the invention from the day the patent is granted to a maximum of 20 years after the day on which the patent

application is filed. The inventor(s) may use the patent to make a profit by selling it, licensing it or using it as an

asset to negotiate funding. In exchange, the inventor(s) is (are) expected to provide a full description of the

invention so that anyone can benefit from this advance in technology and knowledge. The Canadian Patent Office

will publish the application 18 months from the earlier of: a) the filing date in Canada, or; b) the filing date abroad

under an international treaty; this date is known as the “convention priority date”. People may then read about,

though not make, use, or sell the invention without the permission of the inventor(s). (Note: In Canada, a person

may make or use the invention so long as that making or using is for experimental purposes.) Only after the patent

has expired may anyone freely make, use or sell the invention.

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The rights conferred by a Canadian patent extend throughout Canada, but not to foreign countries. Inventors may

apply for patent rights in other countries separately. Conversely, foreign patents do not protect an invention in

Canada.

Rights to a Patent

The University acknowledges that it has no direct equity in the ownership of any patent developed by a member of

the University (notwithstanding that such patent might be intellectually conceived in the course of teaching and

research activity), except for: any requirements imposed by contractual obligations arising from any agreement to

which the inventor(s) is (are) a party or participant, or, in the case of assigned tasks, where ownership rests with

the University (see 39.3).

Disclosure

The inventor(s) shall at all times keep the University, through the Vice-President Research and Innovation or

delegate, fully and promptly informed, in advance and in writing, of all publication, issuance, rejection or

abandonment of patent applications in Canada or elsewhere.

University License

Any invention developed as a result of activity involving University support and/or facilities and/or equipment, shall

be subject to a non-exclusive, royalty-free, irrevocable license to the University under all patents arising from the

invention, but without the automatic right to exploit commercially, sub-license or sell any product or process which

is patented or arises from such patented invention.

Prosecution of a Patent

A. Individually: Preparing and prosecuting a patent application is a complex task. Inventors who choose to

prosecute a patent at their own expense should seriously consider hiring a registered patent agent.

B. Through the University: Members of the University may, at their option, submit their proposed invention to

the Office of Research and Innovation for consideration regarding possible financial and developmental assistance.

The University retains an absolute right to determine if it wishes to offer any such assistance. If the inventor(s)

choose(s) to use the assistance offered by the University, then all patent rights shall be assigned to the University,

which shall thereafter deal with such rights, including any further assignment to some specialized external agency,

as it deems most expedient for the obtaining of a patent(s) and possible further promotion and/or other

development.

From the date of such assignment to the University by the inventor(s), the University and the inventor(s) would

thereafter be responsible for the legal and other expenses and costs involved based upon a sharing agreement to

be negotiated between the University and the inventor(s). Such agreement would include the understanding that

the University and the inventor(s) would subsequently be entitled to recover such expenses and costs, by way of

deduction from any proceeds (whether capital or income) which might thereafter be received with respect to the

assigned invention. The net remainder of any such proceeds would then be divided as indicated in the sharing

agreement.

Contractual Agreement

Where proposed patents are governed by requirements imposed by contractual obligations from an agreement

approved by the Vice-President Research and Innovation or delegate to which the inventor(s) is (are) a party or

participant, any prosecution must follow the requirements as stated in the agreement.

Determination of Inventor

All contributors to inventions should receive appropriate recognition for their contributions. Correctly naming

inventors is critical, as a patent may be invalidated if naming is done incorrectly. In relation to the academic setting,

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patents are not the same as publications, and it is improper simply to name persons who have had some

contribution.

Administration

The University and inventor, prior to the transfer of any ownership, shall agree in writing on the general nature and

type of patent protection that will be sought by the University. The inventor is entitled to representation from their

bargaining unit, legal advisor or others, in these discussions where they are employees of the University. Where

this agreement is with a member of the Association, the Association will be notified which member such

negotiations are being entered into.

General authority for the administration of patent procedures is vested in the Vice-President Research and

Innovation or delegate who will be responsible for establishing and implementing such guidelines and procedures

as are necessary from time to time.

7. Teaching Materials

Preamble

In the context of this policy, IP generated in the course of teaching activities is generally treated in the same

manner as that created through research activities. However, given the inherent nature of an academic community

this section of the policy details the principles unique to teaching activities.

Principles

The creation of materials required for course management and administration, such as course outlines, and final

exams is considered an assigned task, and copyright for such material is vested in the University. This does not

apply to more detailed teaching materials, such as course notes, laboratory manuals, and web-based courses for

which the copyright belongs to the creator. However, any of the latter material which has been printed and

distributed or made publicly available should also be available for royalty-free use for teaching and research by

other members of the University.

Third-Party Copyright

Some materials traditionally used in the classroom may contain copyright material from other sources. It is

necessary to obtain clearance from the copyright holder before these materials may be copied.

Conflict of Interest

Conflict of interest exists when students are required to purchase teaching materials in which the instructor has a

commercial interest. If the copyright is held by a publisher at arm’s length, the instructor(s) must declare a conflict

of interest to the appropriate department Chair(s) in accordance with Article 5 of the Agreement. If the copyright is

not held at arm’s length, the material should be sold at cost.

Distance and Continuing Education

Materials for use in distance and continuing education courses shall be made available to the University under

contract(s) with the author(s). The terms of a typical contract will include an exclusive license for use of the

materials by the University for distance and continuing education for a specified length of time, and restrictions, if

any, on other uses of the materials on campus. Normally, these materials would be subject to the principle

described in B. above for detailed teaching materials which have been printed and distributed or made publicly

available.

8. Data Management

Preamble

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This section of the policy is concerned with the ownership of, and right to use, original data collected or measured

in the course of teaching and research activities involving one or more members of the University. It is not

concerned with data from external sources used in research at the University, other than to observe the obligation

that publications or theses using such data should recognize and fully document their source(s).

Application

In the context of this policy, the meaning of the word data is assumed to include data bases, the results of scientific

measurements, the results of surveys, and the results of computational or experimental simulations, together with a

documented description of the format or structure of the data set(s) which would allow a non-originator to use them.

Where appropriate (e.g., in scientific experimental measurements), such documentation should also include

estimates of experimental uncertainties. Note that data bases may be subject to copyright and, as such, the

principles raised in this policy may also apply.

Principles

Members of the University have the obligation to protect and preserve, for a reasonable period of time (defined by

the norms of the discipline), and to make available to other scholars and noncommercial users, the data on which

their work is based. All collaborators in a research project which involves the collection or measurement of data

should have equal access to such data for the purpose of scholarship and teaching, and a shared right of

ownership of the resulting data set(s). After completion of a thesis, data on which the thesis work was based will

normally be made available to other members of the University for royalty-free non-commercial use in teaching and

research activities. Notwithstanding the above, members of the University have the collegial obligation to allow the

owners(s) of such data a first opportunity to exploit those data for published work. After its publication in the open

literature, data on which a work is based should be made available for royalty-free non-commercial use by anyone

who requests it. Exceptions to these rules are allowed only when the research is subject to confidentiality

requirements due to contractual arrangements with a sponsoring agency, to delays associated with patent

applications, or to University policy constraints on research involving human subjects or animals. In the case of

contractual limitations, all collaborators must be made aware of, and agree in advance to, such constraints.

9. Other Types of Intellectual Property

Several other kinds of IP are recognized in Canada and other jurisdictions. Among these are trademarks,

integrated circuit topographies, industrial designs and plant breeders’ rights. Each of these IP classes has different

rules and requirements concerning appropriate protection. However, IP of these forms shall be in keeping with the

philosophy of this policy. Anyone who has IP that may fit within these classes should contact the Office of

Research for advice.

10. Default Arrangements for Revenue Sharing

Preamble

Generally, it is preferable for parties involved in collaborative activities to agree upon the division of any financial or

other reward, generated from commercialization, prior to engaging in the research. Recognizing that it is not always

possible to reach agreement prior to the commencement of a project, this policy outlines a default mechanism

which shall normally prevail if no previous written agreement has been established. This default option is in no way

intended to prevent or dissuade parties from forming an agreement at any time. Such agreements should be filed

with the Office of Research and Innovation, and, if graduate students are involved, must be approved by the Dean

of the student’s graduate program.

Principles

The division of revenue should be in proportion to the intellectual contribution of the researchers, irrespective of

their status within the University. In the case where collaborative research has been undertaken without the prior

establishment of a written agreement between all parties involved, the division of any financial or other reward

generated from commercialization shall be shared equally among those who have made an intellectual contribution

to the work. Except when contractual arrangements have been made through informed consent or the University

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has provided direct support for the development of IP (such as funding, material supplies and equipment, dedicated

space, teaching relief time, or staff support), the University assumes no a priori share of revenue, ownership,

copyright or other obligations for the rights to IP developed by members of the University. Reimbursement for

direct support costs shall be negotiated between the University and the developers of the IP in accordance with

University policy and procedures and Faculty Agreement language.

Long-Term Research

Research can often span many years and involve many researchers. The contributors to such long-term research

shall share equally the proceeds from the commercialization of the IP involved where no previous written

agreement exists. However, where a researcher’s involvement with a project has ceased five (5) years prior to any

formal commercialization process, that researcher shall normally have no claim to any revenue from that

commercialization process, unless a previous written agreement exists.

11. Changes to Policy

The Parties recognize that changes in law or granting agency policy may require changes in this policy from time to

time. Any changes to this policy must be negotiated and ratified in accordance with applicable provisions of

collective agreements held by individual bargaining units at UNBC and/or applicable Memorandum of

Understanding.

12. Dispute Resolution

Unresolved disputes under this policy are subject to review by a three (3) person panel, composed of one (1)

member to be appointed by the appellant(s), one (1) member to be appointed by the Vice-President Research and

Innovation, and a third (3

rd

) member (who shall be chair) to be selected from a roster of named adjudicators

previously agreed upon by the Association and University. The panel shall follow procedures consonant with

natural justice and administrative fairness. Due to the technical nature of IP, the panel may seek expert opinion as

required. It shall conduct a hearing and may require oral and/or written submissions. An advisor may accompany

any party to the appeal. The jurisdiction of the panel will include the interpretation, application, or alleged violation

of the IP policy, including whether or not the matter falls within the jurisdiction of the panel. The panel may

substitute its own decision, may reverse the original decision, or may refer the matter back to the appropriate body

for further consideration. The term “appellant(s)” shall be defined to include any member of the University

community covered by the IP policy, and/or the Parties to this Agreement (including the University and Faculty

Association). The decision of the panel with respect to application of this policy is binding upon appellants, though

further recourse through other mechanisms, including, but not limited to judicial review, is available.

13. Glossary of Terms

The meanings of the terms defined below pertain specifically to this policy and may not, necessarily, reflect the

legal definition. Readers should refer to the relevant legal source for complete information. Assigned Tasks. For

the purposes of determining ownership of IP rights, “assigned tasks” are understood to mean job-related duties

such as the preparation of memoranda, letters, administrative reports, minutes of meetings, mid-term and final

examinations, assignments, and administrative computer programs written to support the University’s on-going

operations. Assigned tasks would not normally include scholarly works as defined below.

Author. 1) Legal Concept: “A person who generates the actual form (words, pictures, etc.) of a work eligible for

copyright”; 2) Academic Concept: The authors of a scholarly work, for example, a paper to be submitted for

publication in a scholarly journal, comprise all those individuals who have made a significant scholarly contribution

to the work. [Source: Legal Definition – Oxford English Dictionary, WWW Version 1.1] Collaborative research.

Research undertaken by any member of the University in cooperation with another researcher from inside or

outside the University.

Computer program. A set of instructions or statements, expressed, fixed, embodied or stored in any manner, that

is to be used directly or indirectly in a computer in order to bring about a specific result. [Source: Canadian

Copyright Act, Revised 1988]

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Contributor. A person or agency who contributes to a scholarly work. Possible contributions include, but are not

limited to: ideas, expression, form, design, computer code, criticism, financial support.

Copyright. “The exclusive right given by law for a certain term of years to an author, creator, composer, designer,

etc. (or assignee), to print, publish, and sell [etc.] copies of her or his original work” [Source: Oxford English

Dictionary, WWW Version 1.1; for the legal definition see the Canadian Copyright Act]

Create. “To make, form, constitute, or bring into legal existence (an institution, condition, action, mental produce,

or form, not existing before)” [Source: Oxford English Dictionary, WWW Version 1.1].

Creators. Persons who bring into being works which are eligible for intellectual property protection (copyright,

patent, industrial design, trade marks, etc.) under Canadian and/or international law. By way of illustration, creators

would include authors, inventors, breeders, designers, composers, artists, architects, and the like.

Data. In the context of this policy, the meaning of the word data is assumed to include data bases, the results of

scientific measurements, the results of surveys, and the results of computational or experimental simulations,

together with a documented description of the format or structure of the data set(s) which would allow a non-

originator to use them.

Idea. “General or ideal form as distinguished from its realization in individuals ... Figure, form, image ... Mental

image, conception, notion ... A conception or notion of something to be done or carried out; an intention, plan of

action ... Any product of mental apprehension or activity, existing in the mind as an object of knowledge or thought

...” [Source: Oxford English Dictionary, WWW Version 1.1].

Industrial design. Legal protection against imitation of the shape, pattern or ornamentation of an industrially

produced object. [Source: A Guide to Patents, Industry Canada ISBN 0-662-20909-5, DSS Cat. No. RG 43-

23/1993E]

Informed consent. Consent given by an individual who has received the information necessary to allow a

considered judgment, who has adequately understood the information, and who has arrived at a decision of

consent without having been subjected to coercion, undue influence, inducement, or intimidation. [Adapted from:

the Council for International Organizations of Medical Sciences (CIOMS) guidelines]

Integrated circuit topography. The three-dimensional configuration of the electronic circuits embodied in

integrated circuit products or layout designs. [Source: A Guide to Patents, Industry Canada]

Intellectual Property (IP) and Associated Rights. IP is a type of personal property which, by virtue of statute (an

Act of Parliament) or common law (based on precedence established in court cases), has certain rights associated

with it. These rights are personal rights which enables the person who holds them to do something, for example, to

exclude others from practicing or doing something with the IP. Notice that the rights themselves are distinct from

the IP which gives rise to them. Inventor. “Generally, anyone who contributes to the formulation and ultimate

expression or reduction to practices of an invention is likely a proper inventor, although each case must be

determined separately”. Simply following instruction is not sufficient to make one an inventor. [Source: John R.

Rudolph, Gowling, Strathy & Henderson, private letter, June 7, 1996]

Licensing an invention. Allowing a business or individual to manufacture and sell an invention, usually in

exchange for royalties. [Source: A Guide to Patents, Industry Canada] Members of the University. Refers to faculty

members), staff members, registered students and post-doctoral fellows at the University of Northern British

Columbia.

Patent: A government grant giving the right to exclude others from making, using or selling an invention. A

Canadian patent applies within Canada for 20 years from the date of filing of a patent application. The patent

application is available to the public 18 months after [the first] filing. A patent is granted only for the physical

embodiment of an idea or for a process that produces something saleable or tangible. A scientific principle, an

abstract theorem, an idea, a method of doing business, or a medical treatment may not be patented, although

reference should be made to a skilled practitioner to verify what is patentable. A patent may be obtained for an

improvement to an existing patented invention. However, the original patent may still be in force, and an

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agreement with the original inventor(s) may be needed before an improved patent can be used. There are four

basic criteria for patentability: it must be new; it must be useful; it must show inventive ingenuity, and not be

obvious to someone skilled in that area; and be of proper subject matter. [Source: A Guide to Patents, Industry

Canada] Prosecution of a patent. All the steps involved in following through on a patent application. [Source: A

Guide to Patents, Industry Canada] Registered patent agent. A specialist entitled to prepare and prosecute patent

applications. [Source: A Guide to Patents, Industry Canada]

Royalty. “A payment made to an author, editor, or composer for each copy of a book, piece of music, etc., sold by

the publisher, or for the representation of a play.” [Source: Oxford English Dictionary, WWW Version 1.1] Royalty-

free use doctrine. Implies that the material(s) should be sold at reasonable and justifiable costs. Scholarly Work: A

work eligible for intellectual property protection under Canadian and/or international law which is created in the

course of teaching, learning or research at the University. A list of scholarly works would include, but not

necessarily be limited to: student works submitted for academic evaluation, research reports, papers prepared for

publication, books, computer programs, detailed assignments, works of art, experimental data, and other academic

data bases.

Trade-mark. A word, symbol or picture – or combination of these – used to distinguish goods or services of one

person or organization from those of competitors. [Source: A Guide to Patents, Industry Canada] Work of joint

authorship. A work produced by the collaboration of two or more authors in which the contribution of one author is

not distinct from the contribution of the other author or authors. [Source: Canadian Copyright Act, Revised 1988]

14. Authority

This policy is issued under the authority of the UNBC Board of Governors.

15. Responsibility

This policy shall become a term and condition of the Faculty Association Collective Agreement between the Board

of Governors, University of Northern British Columbia and the Association.

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ARTICLE 40: NOT USED

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ARTICLE 41: NOT USED

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SECTION G

DISCIPLINE AND DISPUTE SETTLEMENT

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ARTICLE 42: HARASSMENT AND DISCRIMINATION

42.1 The Employer’s approved Policies on Harassment and Discrimination, attached as Appendix 42A

and Standards of Conduct attached as Appendix 42B form part of this Agreement and apply to

Members of the bargaining unit, subject to Article 42.2.

42.2 No changes to the Policies which affect Members shall be made without the consent of the

Association through the mechanism of the Joint Consultation Committee as outlined in Article 42.7.

Where a relevant policy is updated, it will replace the existing Appendices 42A, Harassment and

Discrimination, or 42B, Standards of Conduct.

42.3 The Parties agree that allegations against a Member under any of these policies shall not be the

subject of disciplinary action except where, after a formal resolution under the relevant policy, a

recommendation for discipline was made.

42.4 Any investigations undertaken in accordance with any of the policies shall be governed by the

terms of the relevant policy.

42.5 Any disciplinary actions taken by the Employer against a Member pursuant to a finding under any

of the relevant policies shall be in accordance with Article 45B of this Agreement and are grievable

pursuant to the provisions of Article 44.

42.6 By May 30 of each year, the President shall provide a report to the UNBC community, with a copy

to the Association, which shall contain a statistical record of complaints filed under the policies and

any observations with respect to the administration of the policies.

42.7 In all dealings with the Employer on matters governed by the policies contained in Appendices 42A

or 42B Members, whether complainants, respondents, or witnesses, have the right to be

represented or accompanied by, someone of the Member's choosing; at the Member's option this

may be someone appointed by the Association.

42.8 The Parties agree that it is desirable to hav1e common UNBC policies for all employees governing

Harassment and Discrimination, and Standards of Conduct.

42.9 The Parties agree that the Harassment and Discrimination Policy is not intended to inhibit normal

social relationships, freedom of expression or academic freedom.

42.10 The Parties agree that confidentiality of the identity of persons and the circumstances of the

complaint under investigation must be ensured as far as is reasonably possible. Persons may be

identified if the withholding of such information places any other person in physical danger.

42.11 The Parties agree that there shall be fair, prompt and judicious action on allegations under all

appendices covered by this Article.

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APPENDIX 42A

HARASSMENT & DISCRIMINATION

42.A.1 Purpose

42.A.1.1 The University of Northern British Columbia is committed to providing a working and learning

environment in which all students, staff and faculty are treated with respect and dignity. The

University of Northern British Columbia acknowledges the right of all individuals in the University

Community to work or learn without discrimination or harassment because of personal

characteristics protected by the BC Human Rights Code including race, colour, ancestry, place of

origin, religion, family status, marital status, physical disability, mental disability, sex, gender, age,

sexual orientation, political beliefs or criminal or summary conviction offence unrelated to their

employment.

42.A.2 Principles

42.A.2.1 The parties agree that policies related to harassment and discrimination which are developed and

maintained by the Employer will follow principles which include the following:

42.A.2.2 Disputes arising from harassment and discrimination can be dealt with under Article 44.

42.A.2.3 Members who are investigated under any policy will have those investigations governed by Article

45A.

42.A.2.4 Discipline applied to Members under any policy relevant to harassment and discrimination will

follow Article 45B.

42.A.2.5 Relevant policy in general, and its definitions in particular, are to be applied in such a way as to not

detract from the right of faculty to engage in the frank discussion of potentially controversial matters

such as age, race, politics, religion, sex, and sexual orientation.

42.A.2.6 Nothing in relevant policy is intended to infringe upon academic freedom as specified in Article 2 of

the UNBC Faculty Association Agreement.

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ARTICLE 42B STANDARDS OF CONDUCT

SUBJECT: STANDARDS OF CONDUCT

42.B.1 Purpose

As an academic community, the University operates on the basis of certain core values including

academic freedom, freedom of expression, the advancement of human rights and the elimination

of discrimination, respect for the human dignity of every person, and the maintenance of a

workplace which is free from cruelty, intimidation, violence, and threats of violence. Policy

related to standards of conduct for Members will not be interpreted or applied in a manner which

restricts in any way otherwise lawful actions and activities including free speech, free inquiry, and

free assembly.

42.B.2 Principles

42.B.2.1.1 The parties agree that policies related to standards of conduct for Members which are developed

and maintained by the Employer will follow principles which include the following:

42.B.2.1.2 Disputes arising from standards of conduct can be dealt with under Article 44.

42.B.2.1.3 Members who are investigated under any policy will have those investigations governed by

Article 45A.

42.B.2.1.4 Discipline applied to Members under any policy will follow Article 45B.

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ARTICLE 43: FRAUD AND MISCONDUCT IN ACADEMIC RESEARCH

43.1 Fraud

43.1.1 Fraud is fabrication, falsification or plagiarism in the dissemination of research.

43.1.2 Fraud does not include those factors intrinsic to the process of academic research, such as honest

error, conflicting data or differences in interpretation or assessment of data or of experimental

design.

43.2 Misconduct

43.2.1 Misconduct is:

(a) material failure to comply with relevant federal or provincial statutes or regulations for the

protection of researchers, human subjects, or the health and safety of the public, or for the

welfare of laboratory animals;

(b) material failure to meet other relevant legal requirements that relate to the conduct of

research;

(c) failure to reveal any material conflict of interest to the sponsors or those who commission

work or when asked to undertake reviews of research grant applications or manuscripts for

publication, or to test products for sale or distribution to the public; or

(d) failure to reveal to the Employer any material financial interest in a company that contracts

with the Employer to undertake research, particularly research involving the company's

products. Material financial interest includes ownership, substantial stock holding, a

directorship, significant honoraria or consulting fees but does not include routine stock

holding in a large publicly traded company.

43.3 Report of Allegations

43.3.1 (a) All allegations of fraud or misconduct in research shall be in writing, signed and forwarded

to the Vice-President Research. The Vice-President Research may refer the allegations to

a designate.

(b) In the first instance, the Vice-President Research or designate shall deal with the

allegations in order to determine whether or not there is a need for formal investigation,

ensuring the rights of the Member are respected. The Vice-President Research shall meet

with the Member to discuss the nature of the allegations and allow the Member an

opportunity to respond to the allegations. The Member shall be advised of their right to be

represented by the Association and have a member of the Association present at the

informal meeting. Any statements made by the individual during these discussions shall be

without prejudice.

(c) If in their judgement the allegations have sufficient substance to warrant formal

investigation, the Vice-President Research or designate shall inform the Member named in

the allegations, in writing, with a copy to the Association. Otherwise, the allegations shall

be dismissed, no action taken, and the entire file destroyed.

(d) The written notice in Article 43.3.1(c) shall include a full disclosure of all aspects of the

allegations to allow the individual concerned an opportunity to respond.

43.3.2 The formal investigation process commences when the individual named in the allegations has

received the written notice per Article 43.3.1(d). The Vice-President Research or designate shall

have ten (10) days from issuing the written notice to conduct the formal investigation. The Member

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shall be informed of their right to be represented by the Association at all meetings during the

formal investigation.

43.3.3 The Vice-President Research or designate shall investigate the allegations promptly, fairly,

judiciously and in a confidential manner, ensuring that the individual named in the allegations has

adequate opportunity to know any evidence presented and to respond to that evidence if they

choose to do so. No person consulted by the Employer concerning the case shall be appointed as

an arbitrator in any subsequent arbitration proceedings dealing with the allegations against the

individual being investigated.

43.3.4 After investigation by the Vice-President Research or designate, a written report shall be prepared

for the President for determination of whether disciplinary measures should be taken in accordance

with Article 45B.1.8. A copy of the report shall be provided to the Member(s) who is the subject of

the investigation, the Association, and the Provost.

43.3.5 After being informed of the results of an investigation, a Member shall, in all cases, have the right

to meet with the President to provide explanations and to make submissions, before any

disciplinary measure is taken.

43.3.6 If any disciplinary measure is recommended, the procedures under Articles 45B.3, 45.4, 45B.5 and

45B.6 will be followed:

(a) Any discipline imposed on a Member for fraud or misconduct in research shall be subject

to normal grievance procedures except that the parties agree that cases involving

accusations of fraud and misconduct in research will proceed directly to arbitration

following the informal first step in the grievance process.

(b) A statement from the Employer that a person was guilty of fraud or other misconduct in

research shall constitute a reprimand, and, without any other formal sanctions, still

constitutes discipline and may be grieved as provided in Article 43.3.6(a).

43.3.7 If the Employer decides after formal investigation not to proceed against the individual named in

the allegations or if the arbitration decides in favour of the individual, the University shall remove all

documentation from the Member's OPF and shall, at the sole discretion of the Member, destroy all

the documentation except that it shall retain any arbitration report, which shall be a public

document. The Employer agrees to take such steps as may be necessary and reasonable to

protect the reputation and credibility of persons wrongfully accused of fraud or misconduct in

research. The Parties agree that information from the formal investigation is confidential and will

not be disclosed to the public without the consent of the Parties.

43.3.8 The Employer agrees to take such steps as may be necessary to protect the rights of Members

who make allegations in good faith or whom it calls as witnesses, including as a minimum legal

counsel, and other reasonable and documented legal costs should they be sued, for their

participation in the formal investigation undertaken by the Vice-President Research or designate or

in the arbitration proceedings.

43.3.9 The Employer agrees that it will take disciplinary action against those who make allegations of

fraud and misconduct in research which are reckless, malicious or made in bad faith.

43.3.10 The Parties agree that if an accusation of fraud or misconduct in research is sustained in relation to

research that is funded by an outside agency, the Vice-President Research shall inform the agency

concerned of the decision. If the outside agency has been informed of the proceedings before a

decision has been rendered, the Vice-President Research shall send the agency a copy of the

decision of the University or the arbitration board to the agency concerned.

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ARTICLE 44: COMPLAINTS, GRIEVANCES AND ARBITRATION

44.1 Complaints and Grievance Procedure

Should a dispute arise between the Association and/or a Member and the Employer, an earnest

effort shall be made to settle the dispute in accordance with the provisions of this Article.

44.2 Definitions in this Article

44.2.1 (a) A complaint is a problem raised by an individual Member (an individual complaint) or a

group of Members (a group complaint) that may be resolved without reference to the

formal grievance procedure.

(b) A grievance is a dispute regarding the interpretation, operation, or application of this

Agreement or any allegation that this Agreement has been violated. Without limiting the

generality of the foregoing, a grievance shall include any dispute or difference arising out of

perceived arbitrary, discriminatory, bad faith, or unreasonable treatment.

(c) A grievance may be initiated by the Employer (an Employer’s Grievance) or by the

Association on its own behalf, or on behalf of a Member or Members (an Association

Grievance).

44.3 Informal Resolution of Complaints

44.3.1 A Member who has a complaint may first present it orally or in writing to their Dean or University

Librarian or equivalent for other Members and shall do so within sixty (60) days of the date they

knew or ought reasonably to have known of the events giving rise to the complaint.

(a) Where the subject matter of a complaint involves an administrator, that administrator’s

immediate supervisor (or designate) will investigate the complaint and shall give their oral

or written response within ten (10) days of completion of the investigation, otherwise;

(b) The Dean or University Librarian or equivalent for other Members will investigate the

complaint and shall give their oral or written response within ten (10) days of completion of

the investigation. The Association will be provided a copy of any written response. The

Association shall have (15) fifteen days from receipt of a written response to file a formal

grievance.

44.3.2 If the response to 44.3.1 is acceptable, within five (5) days of the verbal response the Member or

Association may request that the response be put in writing. The individual who conducted the

investigation shall give their written response within a further five (5) days.

44.3.3 For the application of this Article, being a supervisor is not to be regarded as being in a conflict of

interest when conducting an informal resolution of a complaint unless there can be established a

conflict under Article 5.

44.4 Access to Information

Any grievor shall have the right to receive from the party grieved against any information relevant to

the matter in dispute. Such information shall be provided in advance of any hearing, to give the

grievor time to prepare a case. However, the Employer is not normally obliged to supply copies of

any internal communications from one (1) member of management to another, nor is the

Association required to supply copies of any internal communications from one (1) member of the

executive to another, unless such document is referred to in this Agreement. Neither Party shall be

required to supply documents protected by solicitor/client privilege.

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44.5 Sequence of Steps for Association Grievances

44.5.1 (a) Step 1

44.5.1.1 Except as set out in Article 44.3.1(b), the Association shall have the right, to submit a grievance

within sixty (60) days of becoming aware of the events giving rise to it. The grievance shall be

submitted in writing citing, where appropriate, the Articles alleged to have been violated, the

representative of the Employer against whom the grievance is directed, and the remedy sought, to

the Provost.

44.5.1.2 No later than ten (10) days following receipt of the grievance as per Articles 44.5.1.1 or 44.3.1(b),

the Provost or their representative shall meet with an Association representative and the grievor(s)

and shall make every reasonable attempt to resolve the grievance. In the event that a settlement is

reached, it shall be reduced to writing and countersigned by the Provost (or their representative),

and the Association. The Provost shall, within five (5) days of the date upon which the settlement is

countersigned, forward by mail a copy of the settlement to the Association. In the event that no

settlement is reached within ten (10) days after the date of the first meeting, the Provost shall within

five (5) days after this ten (10)-day period, forward in writing to the grievor(s) and the Association

reasons for denying the grievance.

44.5.2 (b) Step 2 (Notice to Arbitrate)

44.5.2.1 Within ten (10) days of the date of receipt of the denial of the grievance, the Association shall have

the right to forward written notice by mail to the Provost of its intention to proceed to arbitration with

the grievance. A grievance not supported in writing by the Association per Article 44.5.1. shall not

go to arbitration.

44.5.2.2 Where the subject matter of a grievance involves the Provost, the President of the University or

their designate will complete the procedure for grievances as set out in Article 44.5.1.2, providing

always that where the President designates someone to complete the procedure, that person shall

be of equal or greater rank than the Provost.

44.5.3 Employer’s Grievances

An Employer’s Grievance shall be in writing and shall specify the Article or Articles alleged to have

been violated and the remedy sought. The grievance shall be forwarded to the President of the

Association within sixty (60) days of the date the events giving rise to the grievance occurred, or

within fifteen (15) days of the date upon which the Employer knew or ought to have known of the

events giving rise to the grievance. No later than ten (10) days following receipt of the grievance, a

representative of the Association shall meet with an Employer representative and each will make

every reasonable attempt to resolve the grievance. In the event that a settlement is reached, it

shall be reduced to writing and countersigned by the representatives of the Association and

Employer. In the event that no settlement is reached within ten (10) days of the date of the first

meeting, the representative of the Association within five (5) days thereafter shall forward in writing

to the Employer their reasons for denying the grievance. Within ten (10) days of the date upon

which denial of the grievance is received the Employer shall be entitled to forward written notice by

mail to the President of the Association that it intends to proceed to arbitration with the grievance.

44.6 Arbitration

44.6.1 All arbitration shall be by a single arbitrator agreed to by the Parties, or, failing such agreement,

appointed by the Minister of Labour of the Province of British Columbia.

44.6.2 The Parties shall share equally the cost of the arbitrator, except as provided for elsewhere in this

Agreement.

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44.6.3 Arbitrators who undertake arbitration under this Agreement shall have sixty (60) days from the date

of the end of any hearing to render a written decision.

44.6.4 Arbitrators shall have jurisdiction to order production of documents and to call witnesses.

44.7 Time Limits

The Parties may agree to extend any time limits specified in either the grievance or arbitration

procedures. In addition, the Arbitrator shall have the power to relieve against non-compliance with

time limits.

44.8 Technical Irregularities

No technical violation or irregularity in the grievance and arbitration process shall prevent the

substance of a grievance being heard and judged on its merits, nor shall it affect the jurisdiction of

the Arbitrator.

44.9 Burden of Proof

In cases involving the termination of a Member's employment through dismissal for cause and in all

matters of discipline pursuant to Article 45B, the burden of proof shall be on the Employer to

establish just and reasonable cause.

44.10 Costs

In cases involving a Member's termination where there is a substantiated breach of academic

freedom or substantiated discrimination, or where any disciplinary action taken under Article 45B is

successfully grieved, the costs of the arbitration hearing(s) and arbitrator's fees shall be borne by

the Employer.

44.11 Duties and Powers of the Arbitrator

44.11.1 The Arbitrator shall not have jurisdiction to amend, modify, or act inconsistently with this

Agreement.

44.11.2 Where an Arbitrator determines that a Member has been discharged or otherwise disciplined by the

Employer for cause and this Agreement does not contain a specific penalty for the infraction that is

the subject matter of the arbitration, the Arbitrator may substitute such other penalty for the

discharge or discipline as seems just and reasonable to the Arbitrator given all the circumstances.

44.11.3 Without limiting the generality of Article 44.11.2, the Arbitrator shall have the power to award

compensation to individual employees even where a dispute originated as an Association

grievance.

44.11.4 The Arbitrator shall have the duty and the power to adjudicate all matters in dispute including

questions of whether the issue is amenable to arbitration.

44.11.5 After making full enquiry and without undue delay and in any event not more than sixty (60) days

after the date the items for arbitration are communicated to an arbitrator, the Arbitrator shall make

an award which shall be binding on the Parties, and that award shall be communicated, in writing,

to the President of the University and to the President of the Association.

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ARTICLE 45A: INVESTIGATIONS

45A.1 General

45A.1.1 The principles of natural justice pertain to all matters under this Article.

45A.1.2 Any complaint about a Member alleging conduct that may lead to disciplinary proceedings not

covered by procedures outlined in Appendices 42A or 42B shall be in writing and submitted to the

Provost, who will immediately forward to the Member’s Dean or University Librarian or equivalent

or designate who must first conduct an investigation as per Article 45A.2.

45A.1.3 Any alleged behaviour or event giving the Member's Dean or Program Chair or the University

Librarian or equivalent concern that a situation exists which may lead to disciplinary proceedings

against a Member shall be investigated by the Member's Dean or University Librarian or equivalent

or designate, as directed by the Provost under Article 45A.1.2.

45A.1.4 It is understood that a properly conducted investigation shall not constitute a disciplinary action,

and as such is not grievable.

45A.1.5 In all dealings with the Employer on matters of discipline including meetings and investigations

preceding discipline, the Member shall have the right to be accompanied by someone of the

Member's choosing; at the Member's option, this may be someone appointed by the Association.

45A.1.6 All complaints about a Member alleging conduct that may lead to disciplinary proceedings or

actions preceding discipline shall be copied to the Association.

45A.1.7 If a Member is unable to act on their own behalf because of a bona fide medical disability, they may

be represented by an advocate.

45A.2 Investigations

45A.2.1 In conducting any investigation, the Dean or University Librarian or equivalent or the external

investigator appointed under exceptional circumstances shall:

(a) communicate in writing any complaint to the Member within ten (10) days after learning of

the complaint, with confidentiality safeguards where appropriate;

(b) provide the Member with an opportunity to respond to the complaint, by meeting or by

submission of materials, or both;

(c) respect all provisions of this Agreement;

(d) notify the Member as promptly as is reasonable of the reasons for and the nature of the

investigative action being undertaken;

(e) inform the Member of the results of the investigation within ten (10) days of such results

being known; and

(f) take reasonable steps to maintain the confidentiality of the investigative process and its

findings, until the imposition of discipline, if any, unless such confidentiality places a

Member or any other person at risk.

45A.2.2 After being informed of the results of an investigation, a Member shall, in all cases, have the right

to meet with the Dean or University Librarian or equivalent or the external investigator, to provide

explanations and to make submissions, before any disciplinary measure is imposed.

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45A.2.3 Where a Dean or University Librarian or equivalent or designate or the external investigator

believes that third party mediation would be efficacious, they will recommend that course of action.

45A.2.4 After proper investigation by the Dean or University Librarian or equivalent or the external

investigator, a written report shall be submitted to the Provost, with a copy provided to the

Member(s) who is the subject of the investigation, and the Association. The Provost shall forward

their recommendation to the President as appropriate.

45A.2.5 The timelines in this Article may be extended by mutual agreement between the Employer and the

Association.

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Article 45B: DISCIPLINE

45B.1 General

45B.1.2 The principles of natural justice pertain to all matters under this Article.

45B.1.3 All disciplinary measures are grievable. In all cases the burden of proof is upon the Employer.

45B.1.4 The Parties support the principle of progressive discipline and will make their best effort to:

(a) bring unacceptable conduct as in Appendices 42A and 42B to the attention of the Member

in a manner that will assist the Member to correct their behaviour; and

(b) provide a reasonable time for the Member to correct the conduct in question.

45B.1.5 A Member may be disciplined only for just and reasonable cause. Such disciplinary action shall be

just and appropriate to the seriousness of the violations.

45B.1.6 A Member may not be disciplined for violation of a rule, regulation, or instruction unless that rule,

regulation, or instruction:

(a) is reasonable;

(b) does not contravene the provisions of this Agreement; and

(c) has been promulgated and communicated by the appropriate authority.

45B.1.7 Medical disability shall not be cause for reprimand, suspension, or dismissal. Cases involving the

inability of a Member to perform duties by reason of illness or disability shall be treated separately

from cases for disciplinary measures. If illness or disability is proven, leave shall be granted under

the sick leave and/or long term disability provisions of this Agreement.

45B.1.8 In exceptional cases, where the University believes a Member's actions might normally warrant

discipline, but believes that these actions may be due to illness or disability and the Member has

not sought medical advice, the University may require that they undergo a medical examination by

a physician(s) designated by the University.

(a) If the Member in such a case challenges the determination of the physician, the advice of a

second physician of the Member's choice shall be obtained; and

(b) If the physicians disagree, the Parties to this Agreement shall agree to an additional

physician, who shall adjudicate and decide on the matter.

45B.1.9 If a Member is relieved from duties pending the outcome of the physician examining procedures

above, the Member shall receive full salary and benefits.

45B.2 Action Preceding Discipline

45B.2.1 Before any disciplinary measure is imposed, the Member, Dean, University Librarian or equivalent

or designate will have the opportunity to resolve the complaint using alternative dispute resolution

processes, including where possible the services of a mediator.

45B.2.2 When the alleged cause is deficiency in the performance of workload duties the Member must be

accorded a reasonable opportunity to correct the deficiency before any disciplinary measure is

imposed.

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 177

45B.2.3 When the alleged cause is of a type for which a separate institutional policy forms part of this

Agreement, the procedures of such policy will be followed. The outcome of procedures outlined in

Appendices 42A or 42B may result in disciplinary action against a Member. Where this is the case,

the processes for application of disciplinary actions shall be in accordance with Article 45B.

45B.3 Discipline

45B.3.1 All disciplinary action shall be initiated within thirty (30) days of the notification referred to in Article

45A.2.1(e).

45B.3.2 The only disciplinary measures that may be taken by the Employer are the following:

(a) a letter of reprimand;

(b) suspension with pay;

(c) suspension without pay; or

(d) dismissal for cause.

45B.4 Letters of Reprimand

45B.4.1 When the President is satisfied that a letter of reprimand is required, the letter shall be sent by

receipted registered mail or equivalent. A letter of reprimand must be clearly identified as a

disciplinary measure, and must contain a clear statement of the reasons for imposing discipline. A

copy of the letter of reprimand will be placed in the Member's OPF.

45B.4.2 Any Letter of Reprimand or other record of disciplinary action placed in a Member’s OPF shall be

removed upon the request of the Member after three (3) years from the date when the action was

taken unless the conduct that was the subject of the disciplinary action has been repeated within

such three (3)-year period.

45B.5 Suspension

45B.5.1 Suspension is the act of the Employer in relieving a Member of all or a portion of their University

duties, and/or privileges, and/or compensation, for cause.

45B.5.2 When the President is satisfied that there is cause to justify that a Member be suspended, the

President shall give written notification to the Member by receipted registered mail or equivalent of

the dates of commencement and termination of the suspension and the conditions of the

suspension, together with a written statement of the reasons. The President shall forward a copy

of the notification to the Association and place it in the Member's OPF.

45B.6 Dismissal for Cause

45B.6.1 Dismissal for cause means the termination of a Member's appointment by the University of the

Member, as follows:

(a) for Tenured Members or Continuing Members before retirement, or

(b) for Tenure-track or for all other Members, before the end of their appointment contract.

45B.6.2 When the President is satisfied that there is cause to dismiss a Member, the President shall

forthwith notify the Member by receipted registered mail or equivalent of their intention to proceed

to the Board of Governors with a recommendation for dismissal with a detailed written statement of

reasons for the recommendation. Upon approval of the Board of Governors a letter of dismissal

shall be sent to the Member with a copy to the Association.

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 178

45B.6.3 Layoff, as provided for in Articles 9 and 10 of this Agreement, is not dismissal for the purposes of

this Article. Dismissal for unsatisfactory performance as provided for in Article 21 is not a

disciplinary matter and not covered by this Article.

45B.7 Action Subsequent to Notification of Reprimand, Suspension, or Dismissal

45B.7.1 If, within twenty (20) days of receipt of the written notice of reprimand, suspension or dismissal, the

Member grieves, and the grievance proceeds to arbitration, the following procedures shall apply:

(a) Pursuant to Article 44.6 (Arbitration), the Parties agree that a single arbitrator shall be

utilized, and that both Parties shall expedite the hearing of the matter so that a decision

shall be rendered within at most sixty (60) days from the end of the hearing; and

(b) In the case of suspension without pay, the Employer shall continue to pay the Member's

salary, salary increases and benefits until the decision of the Arbitrator is received. If the

grievance is dismissed by the Arbitrator, the suspension without pay shall be imposed and

served.

45B.7.2 Criminal Charges and Conviction

The Parties recognize that action of a Member may result in disciplinary action or criminal action or

both. The Parties further recognize that a criminal charge or conviction is not in itself necessarily

grounds for discipline or dismissal. Any disciplinary action which follows from the event(s) that

gave rise to the charge or conviction or from the charge or conviction in itself shall be subject to all

the protection of this Agreement.

45B.8 Emergency Powers

45B.8.1 The President may exercise emergency powers to relieve a Member of some or all of the

Member's duties, and remove some or all of the Member's privileges, by written notice, only when:

(a) an investigation which may lead to the imposition of discipline on the Member is underway;

and

(b) the President has reasonable grounds for concern that a failure to use such emergency

powers could result in significant harm to another person or to the property of the

institution.

45B.8.2 The exercise of these emergency powers is not deemed to be a suspension for the purposes of

this Article, and shall be grievable with respect to Article 45B.7.1(b) as provided for in Article 44.

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 179

ARTICLE 46A: NO STRIKE OR LOCK-OUT

46A.1 In accordance with the Labour Relations Code, there shall be no strike or lockout while this

agreement is in effect.

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 180

ARTICLE 46B: STRIKE/LOCK-OUT PROTOCOLS

46B.1 Members’ Rights during Strikes by another Bargaining Unit

46B.1.1 A Member shall have the right to refuse to cross a legal picket line of another bargaining unit at any

one of the University campuses. The exercise of this right shall not be considered a violation of

this Agreement, nor shall it be grounds for disciplinary action.

46B.1.2 Members shall not perform the work of striking employees nor handle the work normally performed

by other employees during any dispute between those employees and the Employer.

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 181

ARTICLE 47: JOINT CONSULTATION COMMITTEE

47.1 The Parties agree to establish a Joint Consultation Committee (JCC) within fourteen (14) days of

the signing of this Agreement.

47.2 The JCC shall be composed of two (2) representatives and alternate of the Employer and two (2)

representatives and alternate of the Association. A quorum shall be four (4) members.

47.3 The JCC shall be chaired jointly by one of the representatives of the Association and one of the

representatives of the Employer who shall together be responsible for preparing and distributing

the agenda and minutes of the meetings.

47.4 Appointments to the JCC shall be for the lifetime of this Agreement.

47.5 The JCC shall not have the power to add to or modify in any way the terms of this Agreement, but

shall function in an advisory capacity to the Association and/or Employer with the general aim of

ensuring that this Agreement is administered in a spirit of co-operation and mutual respect, and

shall seek the timely correction of conditions which may give rise to misunderstandings. In light of

this objective, this Article does not preclude the occurrence of informal meetings between

representatives of the Association and the Employer to attempt to resolve differences that may

arise from time to time.

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 182

SECTION H

COMPENSATION AND BENEFIT

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 183

ARTICLE 48: COMPENSATION

48.1 Nominal Salary for Members

48.1.1 Nominal salary is the annual salary rate of a Member engaged in full-time employment with the

University, including grid steps and PPIs and excluding any stipends, allowances, or other awards.

The salaries of Members employed on a full-time basis for less than an academic year shall be pro-

rated on the basis of their nominal salary.

48.1.2 Floors and ceilings for the base salaries for each of the academic ranks (Lecturer, Assistant

Professor, Associate Professor, and Professor) and floors and ceilings for each of the Librarian

ranks (Librarian I, II, III, and IV) and floors and ceilings for each of the levels of Senior Instructor (I,

II, III) and Senior Laboratory Instructor (SLI I, II, III, IV) will be established as set out in Appendix

48A.

48.1.3 Adjustments to nominal salary shall normally take effect on July 1 each year.

48.1.4 The base salary at appointment shall be at a rank and grid step determined by the Dean or

University Librarian, in negotiation with the employee and, in the case of Faculty Members, upon

recommendation by the appropriate Program Chair(s). The determination of this salary shall be

according to the criteria of Articles 48.1, 13.5, 15.1.4, 16.3.1 and 16A.3.1 and shall be stated in the

letter of appointment.

48.1.5 Members with Regular Term appointments shall negotiate their base salary at the time of

appointment. However, such salaries should be commensurate with the salaries of those Members

with similar qualifications, who hold Tenured or Tenure-track appointments, and must be consistent

with the grid steps, floors and ceilings given in Appendix 48A. At the start of the second (2

nd

) and

each subsequent year of a multi-year Regular Term appointment, the salary increment shall be

determined in the same manner as it is determined for Tenured and Tenure-track Faculty

Members.

48.1.6 No base salary at any rank or level shall exceed the ceiling, nor be below the floor, expect that

salaries already above the ceiling shall not be adjusted downwards. Notwithstanding 48.1.8,

members who are red-circled or at ceiling for rank will continue to be eligible for PPIs. Members will

retain PPI awards upon promotion.

48.1.7 Except where fixed elsewhere in this Agreement, a grid step shall be awarded annually for

satisfactory performance of a Member's responsibilities. The decision to award or withhold a grid

step shall be made per Article 21. The actual amount of the grid step shall be according to

Appendix 48A

48.1.8 A Member’s base salary shall not exceed the ceiling of their current rank. Upon promotion, a

Member's base salary shall be adjusted on July 1 to the greater of:

(a) the floor of the new rank on July 1 as in Appendix 48A, or

(b) the grid step in the new rank which is at least one grid step larger at the new rank than the

current salary.

48.1.9 If the initial appointment of a Member is made in the period January 1 through June 30, the

Member shall not receive a grid step on the July 1 immediately following the date of appointment.

Similarly, a Member receiving an appointment on July 1 in any year shall not receive a grid step

upon appointment. In this case, the Member's salary during the first year shall be that negotiated

under Article 48.1.4.

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 184

48.1.10 The Appendix in this Article represents the progression of base salary for Members starting at the

current salary floor and ending at the current ceiling, and receiving grid steps and merit according

to Appendix 48A.

48.2 Stipends

48.2.1 Effective July 1, 2022 to June 30, 2024, Program Chairs shall receive an annual stipend of five

thousand dollars ($5,000).

Effective July 1, 2024, Program Chairs shall receive an annual stipend, as follows:

a) $8,000 for Programs with fewer than ten (10) Full-time Regular and Term Members

b) $10,000 for Programs with between ten (10) and twenty (20) Full-time Regular and Term

Members

c) $12,000 for Programs with more than twenty (20) Full-time Regular and Term Members.

48.2.2 The Parties may agree to other stipends.

48.3 Paid Overload Teaching

In extenuating circumstances only, where they are the only Members eligible and qualified to teach

a course, and where it is not possible to adjust the normal teaching load, Teaching Members may,

with the approval of the Dean, teach a course or courses in addition to their normal teaching

assignment. This usually will occur in order to staff summer session courses. The remuneration

for this shall be based on the Semester Contact Hour rate specified in Appendix 48A.

48.4 Remuneration for Part-time (Sessional) Instruction

Members on Sessional Term appointments shall be compensated on the basis of the number of

the Semester Contact Hours (SCH) assigned to the Member. The amount paid per SCH (the SCH

rate) shall be as set out in Appendix 48A. To each course taught within a Faculty, the Dean,

following the principles of Article 30.3.2, shall assign a fixed number of SCHs which shall reflect the

actual amount of effort required to deliver the course. If the Member has sole responsibility for

delivering the course, the number cannot be less than the number of credit hours attached to the

course, but may be more. In the case of a shared teaching responsibility, the Dean shall make

appropriate adjustments in the determination of a Member's share of effort. The decisions of the

Dean in these determinations are grievable under Article 44.

48.5 Remuneration for Full-Time Instruction

48.5.1 Members in an Instructor I appointment shall receive a salary that is the product of the number of

Semester Contact Hours assigned and the SCH rate given in Appendix 48A.

48.5.2 Members in an Instructor II appointment shall receive a salary of 1.1 times the salary given in

Appendix 48A.

48.5.3 Members in an Instructor III appointment shall receive a salary of 1.2 times the salary given in

Appendix 48A.

48.5.4 Members in an Instructor IV appointment shall receive a salary of 1.3 times the salary given in

Appendix 48A.

48.6 For the purpose of Article 48.3 and 48.5, all teaching up to and including 24 SCH shall be

considered renumeration under 48.5, regardless of the date of the teaching assignment and will

receive the appropriate multiplier, if applicable. Any teaching beyond 24 SCH (i.e., 25 SCH and

over) will be considered overload for the purposes of Article 48.3.

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 185

48.7 Frequency of Pay

Salary is paid at bi-weekly intervals.

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 186

APPENDIX 48A: BASE SALARY COMPENSATION STRUCTURE AS OF JULY 1, 2022:

FACULTY:

Grid Step

Lecturer

Grid

Step

Assistant

Grid

Step

Associate

Grid

Step

Full Professor

1

$62,196

2

$65,396

3

$68,596

4

$71,769

5

$74,996

6

$78,196

1

$78,196

7

$81,396

2

$81,396

8

$84,596

3

$84,596

9

$87,796

4

$87,796

10

$90,996

5

$90,996

6

$94,196

1

$94,196

7

$97,396

2

$97,396

8

$100,596

3

$100,596

9

$103,796

4

$103,796

10

$106,996

5

$106,996

11

$110,196

6

$110,196

12

$113,396

7

$113,396

8

$116,596

9

$119,796

1

$119,796

10

$122,996

2

$122,996

11

$126,196

3

$126,196

12

$129,396

4

$129,396

13

$132,596

5

$132,596

14

$135,796

6

$135,796

15

$138,996

7

$138,996

8

$142,196

9

$145,396

10

$148,596

11

$151,796

12

$154,996

13

$158,196

14

$161,396

15

$164,596

16

$167,796

17

$170,996

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 187

SENIOR INSTRUCTOR MEMBERS:

Grid Step

Level I

Grid

Step

Level II

Grid

Step

Level III

1

$77,845

2

$80,220

3

$82,595

4

$84,970

5

$87,345

6

$89,720

7

$92,095

1

$92,095

8

$94,470

2

$94,470

9

$96,845

3

$96,845

4

$99,220

5

$101,595

6

$103,970

7

$106,345

8

$108,720

1

$108,720

9

$110,095

2

$111,095

10

$113,470

3

$113,470

4

$115,845

5

$118,220

6

$120,595

7

$122,970

8

$125,345

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 188

SENIOR LAB INSTRUCTORS AND LIBRARIAN MEMBERS:

Grid Step

Level I

Grid

Step

Level II

Grid

Step

Level III

Grid

Step

Level IV

1

$73,432

2

$75,703

3

$77,974

1

$77,974

4

$80,245

2

$80,245

3

$82,516

4

$84,787

5

$87,058

1

$87,058

6

$89,329

2

$89,329

3

$91,600

4

$93,871

5

$96,142

6

$98,413

1

$98,413

7

$100,684

2

$100,684

3

$102,955

4

$105,226

5

$107,497

6

$109,768

7

$112,039

8

$114,310

9

$116,581

10

$118,852

11

$121,123

*Applied as per MOA: Commitments to Implement Provincial Mandate for 2022/23 as per MoS signed on

February 8, 2021

SCH Rate: The amount paid per SCH (the SCH rate) commencing July 1, 2022 shall be:

July 1, 2022: $2,757.55

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 189

APPENDIX 48B: BASE SALARY COMPENSATION STRUCTURE AS OF JULY 1, 2023:

FACULTY:

Grid Step

Lecturer

Grid

Step

Assistant

Grid

Step

Associate

Grid

Step

Full Professor

1

$66,395

2

$69,811

3

$73,227

4

$76,643

5

$80,059

6

$83,475

1

$83,475

7

$86,891

2

$86,891

8

$90,307

3

$90,307

9

$93,723

4

$93,723

10

$97,139

5

$97,139

6

$100,555

1

$100,555

7

$103,971

2

$103,971

8

$107,387

3

$107,387

9

$110,803

4

$110,803

10

$114,219

5

$114,219

11

$117,635

6

$117,635

12

$121,051

7

$121,051

8

$124,467

9

$127,883

1

$127,883

10

$131,299

2

$131,299

11

$134,715

3

$134,715

12

$138,131

4

$138,131

13

$141,547

5

$141,547

14

$144,963

6

$144,963

15

$148,379

7

$148,379

8

$151,795

9

$155,211

10

$158,627

11

$162,043

12

$165,459

13

$168,875

14

$172,291

15

$175,707

16

$179,123

17

$182,539

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 190

SENIOR INSTRUCTOR MEMBERS:

Grid Step

Level I

Grid

Step

Level II

Grid

Step

Level III

1

$83,100

2

$85,635

3

$88,170

4

$90,705

5

$93,241

6

$95,776

7

$98,311

1

$98,311

8

$100,847

2

$100,847

9

$103,382

3

$103,382

4

$105,917

5

$108,453

6

$110,988

7

$113,523

8

$116,059

1

$116,059

9

$118,594

2

$118,594

10

$121,129

3

$121,129

4

$123,665

5

$126,200

6

$128,735

7

$131,270

8

$133,806

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 191

SENIOR LAB INSTRUCTORS AND LIBRARIAN MEMBERS:

Grid Step

Level I

Grid

Step

Level II

Grid

Step

Level III

Grid

Step

Level IV

1

$78,389

2

$80,813

3

$83,237

1

$83,237

4

$85,662

2

$85,662

3

$88,086

4

$90,510

5

$92,934

1

$92,934

6

$95,359

2

$95,359

3

$97,783

4

$100,207

5

$102,632

6

$105,056

1

$105,056

7

$107,480

2

$107,480

3

$109,904

4

$112,329

5

$114,753

6

$117,177

7

$119,602

8

$122,026

9

$124,450

10

$126,875

11

$129,299

SCH Rate: The amount paid per SCH (the SCH rate) commencing July 1, 2023 shall be:

July 1, 2023: $2,957.32

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 192

APPENDIX 48C: BASE SALARY COMPENSATION STRUCTURE AS OF JULY 1, 2024:

FACULTY:

Grid Step

Lecturer

Grid

Step

Assistant

Grid

Step

Associate

Grid

Step

Full Professor

1

$67,319

2

$70,783

3

$74,246

4

$77,710

5

$81,173

6

$84,637

1

$84,637

7

$88,101

2

$88,101

8

$91,564

3

$91,564

9

$95,028

4

$95,028

10

$98,491

5

$98,491

6

$101,955

1

$101,955

7

$105,419

2

$105,419

8

$108,882

3

$108,882

9

$112,346

4

$112,346

10

$115,809

5

$115,809

11

$119,273

6

$119,273

12

$122,736

7

$122,736

8

$126,200

9

$129,664

1

$129,664

10

$133,127

2

$133,127

11

$136,591

3

$136,591

12

$140,054

4

$140,054

13

$143,518

5

$143,518

14

$146,982

6

$146,982

15

$150,445

7

$150,445

8

$153,909

9

$157,372

10

$160,836

11

$164,299

12

$167,763

13

$171,227

14

$174,690

15

$178,154

16

$181,617

17

$185,081

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 193

SENIOR INSTRUCTOR MEMBERS:

Grid Step

Level I

Grid

Step

Level II

Grid

Step

Level III

1

$84,762

2

$87,462

3

$90,162

4

$92,862

5

$95,562

6

$98,262

7

$100,962

1

$100,962

8

$103,662

2

$103,662

9

$106,362

3

$106,362

4

$109,062

5

$111,762

6

$114,462

7

$117,162

8

$119,862

1

$119,862

9

$122,562

2

$122,562

10

$125,262

3

$125,262

4

$127,962

5

$130,662

6

$133,362

7

$136,062

8

$138,762

9

$141,462

10

$144,162

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 194

SENIOR LAB INSTRUCTORS AND LIBRARIAN MEMBERS:

Grid Step

Level I

Grid

Step

Level II

Grid

Step

Level III

Grid

Step

Level IV

1

$79,956

2

$82,656

3

$85,356

1

$85,356

4

$88,056

2

$88,056

3

$90,756

4

$93,456

5

$96,156

1

$96,156

6

$98,856

2

$98,856

3

$101,556

4

$104,256

5

$106,956

6

$109,656

1

$109,656

7

$112,356

2

$112,356

8

$115,056

3

$115,056

9

$117,756

4

$117,756

10

$120,456

5

$120,456

11

$123,156

6

$123,156

7

$125,856

8

$128,556

9

$131,256

10

$133,956

11

$136,656

12

$139,356

13

$142,056

14

$144,756

15

$147,456

* Up to an additional 1% COLA may be applied subject to the MOU re COLA – see Art. 74

SCH Rate: The amount paid per SCH (the SCH rate) commencing July 1, 2024 shall be:

July 1, 2024: $3,046.03

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 195

THE AWARDING OF MERIT

All full-time Members are eligible for Performance Pay Increment Awards (PPIs). Members will be eligible to

receive up to six (6) merit PPIs over the life of their careers.

PPIs will be awarded based on evaluation of an application submitted by the Member to the Member’s Dean. The

application shall be evaluated by the Deans’ Committee for PPI based on a holistic assessment of the Member’s

performance of their duties and responsibilities over a period of the three (3) previous years.

The PPI shall have a value of one (1) Grid Step at the Member’s current rank at the time of the award. Members

shall be awarded at most one (1) PPI in a period of three (3) years. Once a Member receives a PPI, the Member

shall be eligible to submit an application for a subsequent PPI three (3) years after receiving a PPI.

PPI applications shall be submitted by the Member to the relevant Dean by April 15, and shall consist of an updated

CV and a cover letter. By May 30, the relevant Dean shall respond in writing to the applicant with the decision and

the reasons for the decision to grant or deny a PPI. The Member may appeal the decision to the Provost by June

15. The Provost will make a final decision and respond to the Member in writing by June 30. The award will take

effect July 1.

Commencing July 1, 2022, there will be 20 PPIs available to distribute to Members per year.

Members who are red-circled or at the ceiling for rank will continue to be eligible for PPIs. Members will retain PPI

awards upon promotion.

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ARTICLE 49: SALARY ANOMALIES

49.1 The purpose of a salary anomaly review is:

(a) to correct anomalies in Members’ full-time salaries, taking into consideration salaries paid

to Members at this University of comparable qualifications, experience and

accomplishments; and

(b) to correct employment equity anomalies.

49.2 The salary anomaly review does not cover salary differences created by the policy on market

differential, or performance pay increment awards.

49.3 The Salary Anomalies Committee will determine its own procedures and methodology to assess

salary anomalies within each review year. This review will determine if the current methodology

provides the relevant data.

49.4 A Salary Anomalies Committee shall be created for the purpose of reviewing once every three (3)

years, relevant data resulting from application of the methodology. In addition, the committee shall

consider any other Member or Association nominated applications for anomaly corrections. The

next meeting of the Salary Anomalies Committee shall be in the 2024/2025 academic year.

49.5 The Employer shall facilitate the work of the committee by obtaining and providing data (per Article

4) and other appropriate assistance.

49.6 The committee shall consist of two (2) persons named by and representing the Association, two (2)

persons named by and representing the Employer, and one (1) chair of the committee jointly

appointed by the other four (4) members.

49.7 The committee shall make recommendations to the Provost with respect to anomaly adjustments to

correct anomalies as determined in Article 49.4. Recommendations may include, but are not limited

to, the following:

(a) date of anomaly adjustment; and/or

(b) amount of anomaly adjustment; or

(c) no adjustment.

49.7.1 The Provost will provide in writing to the Member the decision with respect to the review of

individual cases in Article 49.4.

49.8 No persons shall have their salaries reduced as a result of this Article.

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ARTICLE 50: PENSIONS AND BENEFITS

50.1 Eligibility for benefits under this Article is limited to full-time Members unless otherwise indicated.

50.2 Tuition Waiver

Members, their spouses (including common-law spouses and same-sex partners) and children

(including step-children) shall be entitled to waiver of the tuition fee for eligible UNBC courses.

Tuition waivers shall be treated in accordance with applicable Canada Revenue Agency guidelines

on the reporting of taxable benefits. Ineligible courses and programs include the UNBC MBA

Program, courses offered by the UNBC Continuing Education Program, and courses offered by the

UNBC Human Resources Training and Development Program where fees are not paid one

hundred percent (100%) by the Human Resources Department. This Article does not apply for

appointees under Article 14.2.3.

50.3 University Facilities and Resources

50.3.1 During the term of this Agreement, parking fees will not be increased without prior consultation with

the Association.

50.3.2 The University shall provide Members with computer resources that include a free connection from

their on-campus location to UNBC's computer system which shall include a free connection to

internet services on campus. From time-to-time, as technological changes dictate, the Joint

Committee shall meet to update this provision.

50.4 General Liability Insurance

The University shall maintain appropriate General Liability Insurance for Members in the course of

exercising their duties and responsibilities at both on and off campus sites.

50.5 Member Benefit Plans

50.5.1 The terms and levels of benefits in effect as of the ratification of this Agreement are defined by

legislation and by the Group Insurance Plan policy. During the term of this Agreement, the

University agrees to maintain the existing benefits plans listed in Article 50.5.2, except as they are

modified by this Agreement, or except as, with the consent of the Association, improvements are

made to benefits provided to Members under these plans. All changes will be extended to

Members as of the effective date of the change.

50.5.2 For the purposes of this Agreement the benefit plans, include the following. Changes will be made

in consultation with the Association:

(a) Basic Life Insurance;

(b) Optional Life Insurance;

(c) Accidental Death and Dismemberment Insurance;

(d) Long Term Disability Insurance;

(e) Extended Health Care;

(f) Dental Care;

(g) Optional Accidental Death and Dismemberment Insurance;

(h) Optional Spousal Life Insurance;

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(i) Optional Critical Illness Insurance;

(j) Employee and Family Assistance Program. In exceptional circumstances Members may

exceed the normal limit of twelve (12) hours, at the request of the Member to the University

and with the recommendation of the EFAP provider; and

(k) Medical Service Travel Fund of fifteen thousand dollars ($15,000) in each year of the

Agreement (see Article 50.11).

50.5.3 Responsibilities for the payment of these benefit premiums shall remain as the responsibilities

existed on January 1, 1995.

50.5.4 Personal Spending Account

50.5.4.1 The Employer will establish and maintain a Personal Spending Account (PSA) for each full-time

Member who is eligible to enroll in the UNBC benefits plan.

50.5.4.2 Commencing July 1, 2023, and in each July 1 thereafter, the Employer will deposit eight-hundred

fifty dollars ($850) into each Member’s PSA.

50.5.4.3 Unused amounts in a Member’s PSA shall accrue until the Member’s employment ends. Any

unused amounts shall be forfeited.

50.6 Eligibility of Dependents Residing Outside British Columbia

50.6.1 Members with dependents residing outside of British Columbia, but within Canada shall be allowed

to enrol those dependents in the Dental Care Plan and the Extended Health Care Plan as if the

dependents resided in British Columbia.

50.6.2 Where dependents reside outside of British Columbia but within Canada and are enrolled in the

provincial health care plan of the province of residency, the Member shall, upon presentation of

receipts for the cost of such coverage, be reimbursed for the premium cost of the dependent

coverage in the appropriate provincial health care plan. Reimbursement shall be made in arrears

on a quarterly basis and shall not exceed the amount which the Employer would otherwise

contribute for dependent coverage under the Medical Services Plan of BC.

50.6.3 The Member shall provide satisfactory proof of dependent status of the persons to be covered

under this provision at the time coverage is applied for.

50.7 Information and Reporting

50.7.1 The Employer agrees to supply the Association with:

(a) a copy of the master policy of each of the plans specified in Article 50.5.2; and

(b) copies of all correspondence between the Employer and the carriers of the respective

plans which pertain to dividends or other performance rebates.

50.7.2 The Employer agrees to report to the Association, in such a way as to not breach confidentiality of

individuals, all problems arising with respect to the application of these plans to the Membership.

50.7.3 The Employer shall provide all Members with information with respect to the benefit plans in force.

Such information shall be provided each year by July 1, and by the effective date of any changes in

those plans.

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50.8 Pensions

50.8.1 The University of Northern British Columbia Pension Plan in effect as of January 1, 1995 forms part

of this Agreement.

50.8.2 All Instructor Members who have served two (2) continuous years of full-time service and all full-

time Members are eligible to become enrolled in the University of Northern British Columbia

Pension Plan on the first day of the month coinciding with or following their first (1

st

) day of

employment with the University.

50.9 Reimbursement for Travel Costs

The Parties agree that, consistent with the University's policies and Article 6 (Existing Practices),

the current policy of reimbursing Members for travel costs incurred in performing assigned duties

shall continue for the lifetime of this Agreement. In particular, when a Member has assigned duties

at two (2) or more distinct geographical locations, the Member shall be reimbursed for those

reasonably incurred travel costs that exceed costs that would be incurred were the Member

commuting to only a single site.

50.10 Travel Support for Regional Members

The Employer will establish a fund to support a regional Member’s travel to the Prince George

campus to address research and professional development. For every full-time Member, two (2)

trips per semester will be supported.

50.11 Medical Service Travel Fund (Article 50.5.2(k))

50.11.1 Preamble:

The Parties acknowledge that on occasion Members of the Association may be required to travel

outside of their Prince George or regional campus communities (as applicable) to seek medical

treatment. The Parties have agreed to create a Medical Service Travel Fund (herein called the

“Fund”) administered by the Association to assist Members of the Association in offsetting costs

associated with this travel.

50.11.1.1 The monies in the Medical Services Travel Fund shall be transferred to the Association as of 31

December 2023.

50.11.2 Eligibility:

Subject to the available Fund amounts and criteria outlined below, all employees eligible for

membership in the Association shall be eligible to access the Fund. The maximum yearly benefit

for a Full-time Member is $5,000 and for a Part-time Member is $1000, pro-rated based on months

employed during the claim period.

50.11.3 Coverage/Expenses:

The Association shall determine coverage, eligible expenses, and criteria for reimbursement. Upon

request, the Association shall provide the Employer with its policies for coverage, eligible expenses,

and criteria.

50.11.3.4 Fund Value:

The Employer will contribute twenty thousand dollars ($20,000) on July 1, 2023, and twenty five

thousand dollars ($25,000) in each subsequent year of the Agreeemnt.

50.11.3.5 Claims and Fund Distribution:

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The Claims process and associated timelines shall be as determined by the Association. Upon

request, the Association shall provide the Employer with an annual report of expenditures under the

Fund, aggregated to protect personal confidential information.

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ARTICLE 51: RELOCATION OF TENURE-TRACK, TENURED, PROBATIONARY, CONTINUING MEMBERS

AND FULL-TIME TERM MEMBERS

51.1 The Employer will assist new Tenure-track, Tenured, Probationary and Continuing Members to

relocate to begin employment at the University. Relocation assistance is intended to assist new

Members in the costs of physical removal of their family and personal effects from their place of

domicile at the time of their appointment to the University. It is not intended to cover a variety of

sundry items arising from the relocation, such as legal fees, commissions on the sale or purchase

of property, medical cost associated with immigration, duty on articles brought into Canada, rentals,

cleaning services, storage of furniture, losses on the sale of assets, or any other expenses not

directly related to the physical move. In order to receive relocation assistance, the Tenure-track,

Tenured, Probationary and Continuing Member will obtain three (3) quotes from moving companies

and submit these to the Employer. The Employer will normally pay the least expensive quote

directly to the moving company. The Employer is taking advantage of moving rates offered by the

Canadian Association of University Business Officers (CAUBO). Members are asked to obtain

quotes from moving companies using the CAUBO rates.

51.2 The Employer will assist existing Tenure-track, Tenured, Probationary and Continuing Members to

relocate when their work assignment within the University causes them to relocate more than one

hundred kilometres (100 km).

51.3 A Tenure-track, Tenured, Probationary or Continuing Member as described in Article 51.2 will be

provided the cost of a one-way direct economy airfare, unless a return airfare is less expensive, to

assist in their personal relocation. Automobile travel by direct route will be paid at the authorized

University rate plus moderate costs of food and lodging for a reasonable number of driving days.

Reimbursement for automobile travel, however, will not exceed the costs which would have been

incurred had economy airfare been used as noted in this Article.

51.4 A Tenure-track, Tenured, Probationary or Continuing Member will be provided the cost of one-way

direct economy airfare, unless return airfares are less expensive, to assist in personal relocation of

the Member. Automobile travel by direct route will be paid at the authorized University rate plus

moderate costs of food and lodging for a reasonable number of driving days. Reimbursement for

automobile travel, however, will not exceed the costs which would have been incurred had

economy airfare been used as noted in this Article. It is intended that, where applicable, this

benefit will be extended to members of the Member’s immediate family.

51.5 The Employer will reimburse the cost of one (1) house-hunting trip for a new Tenure-track,

Tenured, Probationary or Continuing Member upon presentation of receipts for economy airfare

and hotel accommodations. Meal per diems will be paid at the current University rate. Normally a

house-hunting trip will include a Member and their spouse or partner and be three (3) days in

duration. Exceptions must be applied for before the trip is authorized by the Provost.

51.6 If a Tenure-track, Tenured, Probationary or Continuing Member resigns their position at the

University within twenty-four (24) months of beginning employment, the Tenure-track, Tenured,

Probationary or Continuing Member will reimburse the Employer for the relocation assistance

received on a pro-rated basis.

51.7 Term Members

51.7.1 Full-time Term Members shall be reimbursed to a maximum of five thousand dollars ($5,000) of the

actual cost of relocation to the University on presentation of receipts.

51.7.2 If a Term Member resigns their position at the University prior to the end date stipulated in the

employment contract, the Member will reimburse the University for the relocation assistance

received on a pro-rated basis.

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ARTICLE 52: NOT USED

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ARTICLE 53: NOT USED

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SECTION I

LEAVES

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ARTICLE 54: SABBATICAL

54.1 Sabbaticals are to serve the objectives and goals of the University by providing Tenured Faculty

Members with a regular opportunity to maintain and enhance their academic and professional

competence free from normal on-campus teaching/professional and service obligations. The

Employer recognizes that sabbaticals also assist Tenured Faculty Members to improve themselves

academically by engaging in continued research, professional experience, or intellectual renewal.

While sabbaticals are available to Faculty Members, they are not granted automatically. Proposals

for sabbatical projects shall clearly identify either the expected impact of the project on the

scholarly or creative productivity of the Faculty Member or the expected impact of the project on

the pedagogical programs at UNBC.

54.2 Tenured Faculty Members are entitled to apply for sabbatical, and are eligible to be on sabbatical

on the following basis:

(a) Application for a sabbatical of twelve (12) months at eighty percent (80%) of salary (which

includes nominal salary and market differential stipend and/or CRC salary stipend) or for a

sabbatical of six (6) months at one hundred percent (100%) of salary (which includes

nominal salary and market differential stipend and/or CRC salary stipend) shall reflect six

(6) years of full-time credited academic service at the University;

(b)

(c)

(d)

sabbatical, where the Member has been awarded Tenure at the University, will be funded

at ninety percent (90%) of salary (which includes nominal salary and market differential

stipend and/or CRC salary stipend) for a sabbatical of twelve (12) months;

(e) Sabbatical credit accrued to a maximum of six (6) years. However, if a sabbatical has been

deferred by the Provost as per Article 54.8, each year of credit (per Article 54.10) may

either be counted towards a subsequent sabbatical or used to increase the compensation

in a twelve (12)-month sabbatical by six point six seven percent (6.67%) per additional year

of service, to a maximum of one hundred percent (100%) of salary (which includes nominal

salary and market differential stipend and/or CRC salary stipend);

(f) Program Chairs who have served for a minimum of three (3) consecutive years are eligible

to receive up to two percent (2%) in additional sabbatical salary pay for each year served

during this Agreement when they take a sabbatical. The maximum amount of additional

pay that can be awarded is up to ten percent (10%) of the salary (which includes nominal

salary and market differential stipend and/or CRC salary stipend). This provision may be

combined with Article 54.2(d) to a maximum of one hundred percent (100%) of nominal

salary, except Chairs are allowed to accrue credited academic service towards their next

sabbatical leave. The sabbatical credit accrual will be specified in the Chair’s appointment

letter; and

(g) Program Chair salary stipends or other administrative salary stipends will be suspended for

the period of sabbatical.

54.3 For the purposes of sabbaticals and pursuant to Article 54.2, full-time credited academic service

means:

Application

for

a

sabbatical

of

six

(6)

months

at

eighty

percent

(80%)

of

salary

(which

includes

nominal

salary

and

market

differential

stipend

and/or

CRC

salary

stipend)

shall

reflect three (3) years of continuous full-time credited academic service at the University;

A Faculty Member's

first

(1

st

)

sabbatical

shall always

be one of the types in Article 54.2(a)

above, while

subsequent sabbaticals

may be as

provided for in Articles 54.2(a)

or 54.2(b);

Subject

to

all

other

terms

and

conditions

of

Article

54,

a

Faculty

Member’s

first

(1

st

)

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(a) the Faculty Member's time of employment in a Tenure-track and/or Tenured appointment

at the University as a Faculty Member;

(b) the Faculty Member's time of employment in Regular Term appointments

at the University, as specified in Articles 14.13 and 14.14;

(c) such other credit as may be negotiated by the Faculty Member at the time of their

appointment to a Tenure-track or Tenured appointment at the University and recognized in

the Faculty Member's letter of appointment. Banked service at previous institutions will not

exceed two (2) years of credit; and

(d) credit toward sabbatical will be calculated at a rate of six fifths (6/5) of the time spent in the

position of Program Chair or Regional Chair.

54.4 The application by the Faculty Member for sabbatical shall be made no later than October 1,

including those applications where the Member is requesting postponement. Applicants planning a

January commencement must apply fifteen (15) months in advance by October 1 the year

previous. The application shall be in writing and shall include:

(a) the proposed starting date and length of the proposed sabbatical;

(b) a statement of:

• the scholarly or creative purposes of the proposed sabbatical;

• its potential benefit to the Faculty Member and to the University;

• a clear plan of the activities contemplated and anticipated scholarly outcomes; and

• the location of the proposed project or projects;

(c) any other information the Faculty Member wishes to provide; and

(d) request for postponement, the rationale and the reasons where applicable.

54.5 The application shall be presented to the Program Chair and to the Dean of the Faculty. By

October 15, the Program Chair will provide the Dean with a letter of appraisal, copied to the Faculty

Member, indicating:

(a) the merits of the proposed program of scholarly or creative activity in light of the criteria set

out in Article 54.1;

(b) the feasibility of the proposed program of scholarly activity in light of the Faculty Member's

performance in the three (3) years preceding the request;

(c) budget and Program feasibility implications; and

(d) statement whether the request for postponement is approved.

54.6 The Faculty Member shall receive copies of the Program Chair's letter of appraisal and the Dean's

recommendation. The recommendation of the Dean to grant or deny the sabbatical shall be based

only on the criteria in Article 54.5. Should the Dean, after consultation with the Program Chair,

recommend that a sabbatical be denied or deferred, the Faculty Member shall be given the

opportunity to respond in writing and/or in person to the Dean. At a meeting in person with the

Dean the Faculty Member shall have the right to be accompanied by another Faculty Member of

their choice. Any written response of the Faculty Member shall also be forwarded to the Provost

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before any decision is made. In all cases, the recommendations of the Dean and letter of appraisal

by the Program Chair shall be transmitted to the Provost by November 1.

54.7 The decision of the Provost shall be to grant or deny the sabbatical. The Provost shall base their

decision on the merits and feasibility of the proposed program of scholarly and professional

activities to be conducted by the Faculty Member during the period of sabbatical, as stated in the

application referenced in Article 54.4 and its value to the professional development of the Faculty

Member. The decision shall be made based on a review of the following materials:

(a) the application;

(b) the letter of appraisal from the Program Chair and the recommendations from the Dean;

(c) the response of the Faculty Member, if any, to the recommendation of the Dean, as

provided for under Article 54.6; and

(d) the Faculty Member's OPF.

54.8 Notwithstanding Article 54.7, the Provost may defer the granting of an approved sabbatical to a

Faculty Member for a period of up to three (3) academic years. In order to assist the Provost to

determine whether a deferral is warranted, the Program Chair will consult with Members of the

Program to prepare a sabbatical plan that will be recommended to the responsible Dean by

November 1. The sabbatical plan shall consist of the following:

(a) a rolling schedule of projected sabbaticals of Program Members during the next three (3)

years;

(b) a projected course schedule that attempts to minimize the disruption of course delivery due

to sabbatical absences during the three (3)-year period;

(c) a list of Faculty Members who have stated their willingness to defer voluntarily their

sabbatical in order to accommodate the sabbatical plan, and who are therefore eligible for

compensation under Article 54.2(e) if the deferral is approved by the Provost; and

(d) an estimate of the costs of covering additional course instruction due to projected

sabbaticals.

54.9 The Dean will forward an evaluation of the implications of the proposed sabbatical plan to the

Provost, including a consideration of the implications for interdisciplinary instruction. The University

agrees that, in recognition of the efforts undertaken by Chairs and Programs in this planning

process, the Provost will only defer a meritorious and feasible sabbatical if they find that teaching

and/or research needs within the University would be jeopardized or when the University would

incur non-budgeted costs as a result of the Faculty Member's sabbatical.

54.10 For every year that a sabbatical is deferred, a Faculty Member may credit the additional years of

service before a sabbatical is granted toward a subsequent sabbatical, or may apply them towards

the deferred sabbatical as provided for in Article 54.2(d).

54.10.1 A Faculty Member may request postponement of the sabbatical based on professional and

academic reasons, such as the availability of the sabbatical opportunity at a specific host location.

The maximum postponement for any Member is one (1) year. The postponement must be

requested in a sabbatical application by the Member and must be approved by the Chair and Dean.

The Member will receive no additional funding or credit for a postponement of sabbatical.

54.11 The Faculty Member shall be notified by the Provost in writing of the decision to grant or deny,

including to grant but defer, a sabbatical, by December 1. The written decision of the Provost to

grant the sabbatical shall include:

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(a) the length of sabbatical and applicable dates of the sabbatical as per Article 54.2;

(b) the salary during the sabbatical as per Article 54.2;

(c) acknowledgement of the continuity of coverage of benefits under the University’s benefit

plan, including pension contributions based upon nominal salary as per Article 54.16;

(d) a statement that the member agrees to return to active duty for a period of at least equal to

the length of the sabbatical as per Article 54.22;

(e) a statement of administrative and other support available from the University during the

sabbatical as per Article 54.20;

(f) a notice that the Member might be asked to give up or share their assigned office for the

duration of the sabbatical as per Article 54.19;

(g) a statement that Members may receive outside financial assistance according to the terms

set out in Article 54.15;

(h) a statement that informs the Member of their requirement to consult with their Chair or

Dean as per Article 54.15;

(i) a statement that informs the member that they are to submit a report on their work during

the sabbatical within sixty (60) days of the member’s return in accordance to Article 54.17.

Details of what is to be in the report and who is to receive the report should be included;

and

(j) a statement that the sabbatical is subject to all other terms and conditions outlined in

Article 54.

54.12 Any decision to deny, or to grant but defer a sabbatical shall be conveyed to the Faculty Member in

writing, and shall include reasons for the decision.

54.13 The teaching workload of a Faculty Member who will be taking a six (6)-month sabbatical during the

academic year shall be one-half (1/2) the appropriate annual teaching workload as determined

using Article 30.

54.14 Sabbaticals are not intended for the purpose of enhancement of a Faculty Member's income

although arrangements which result in income while fully meeting the objectives of the sabbatical

plan is not prohibited. A Faculty Member may receive outside assistance in the form of grants or

scholarships, and may engage in outside professional activities in accordance with Article 38. A

limited amount of salaried teaching at the host institution, for instance, is accepted as consistent

with such a plan.

54.15 It is the responsibility of the Member to consult with their Chair or Dean prior to accepting any

substantial outside professional activity or salaried income as per Articles 38.2 and 54.14.

54.16 While on sabbatical, Faculty Members shall continue to receive and when required pay for

coverage under the University's benefit plans. Pension contributions will be based upon the

nominal salary.

54.17 Upon returning from a sabbatical, where applicable, the Faculty Member shall be eligible, subject to

providing a satisfactory Professional Activity Report as outlined in Article 21, to receive a nominal

salary which includes all applicable salary adjustments that would have applied had the individual

not taken a sabbatical. In addition, Faculty Members will also provide, within sixty (60) days, a

specific report on the outcomes of the sabbatical. This report shall be submitted to the Faculty

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Member's Program Chair with copies to the Dean and Provost’s Office; the Provost’s Office copy

will be placed in the Member’s OPF.

54.18 At least four (4) months prior to the commencement of the sabbatical, a Faculty Member whose

sabbatical has been granted, may, at their option, apply to the Vice-President Research to have a

portion of their salary considered as a research grant and such approval shall not be unreasonably

withheld.

54.19 In order to permit efficient use of office space, a Faculty Member may be asked to give up or share

their assigned office for the duration of their sabbatical. A Faculty Member shall not unreasonably

withhold their consent, particularly when the Faculty Member will be away from UNBC for most of

the sabbatical. Upon return from a sabbatical, a Faculty Member shall be assigned an office and,

where possible, the office that which they previously occupied.

54.20 During a sabbatical, a Faculty Member is entitled to the usual level of University secretarial and

other support services provided by the University.

54.21 A sabbatical shall not interfere with a Faculty Member's advancement toward promotion.

54.22 Faculty Members granted sabbatical must return to active duty at the University for a period at least

equal to the length of the sabbatical.

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ARTICLE 55: ACADEMIC OR PROFESSIONAL LEAVE FOR LIBRARIAN, SENIOR INSTRUCTOR, AND

SENIOR LAB INSTRUCTOR MEMBERS

55.1 Academic and Professional Leaves (APL) are to serve the objectives and goals of UNBC by

providing Librarian Members, SIs, and SLIs with a regular opportunity to engage in scholarly and

professional activities away from regular duties, at intervals frequent enough to enable them to

maintain and enhance their professional effectiveness. The purposes for which an APL may be

granted are the following:

(a) the acquisition of skills and knowledge in an area related to their responsibilities;

(b) the development of new areas of specialization relevant to the University and the academic

community; and

(c) the enrichment of their academic or professional knowledge, by allowing the Librarian, SI,

or SLI Member a period of time for concentrated study and/or research.

55.2 Librarian Members, SIs, and SLIs holding Continuing appointments, and with at least two (2) years

of service at UNBC, are eligible and may apply for initial APL for a period of up to twelve (12)

months in length.

55.3 Application shall be made to the University Librarian or Dean of the Faculty by October 1 for any

leave to take place in the next academic year. Such applications shall include:

(a) the starting date and length of the proposed APL;

(b) a statement of the purposes of the proposed APL, its potential benefits to the Member and

to the Employer, and a clear plan of the activities contemplated, including their location;

and

(c) any other information the Librarian Member, SI, or SLI provides.

55.4 (a) The University Librarian, SI Supervisor, SLI Supervisor or relevant Dean shall recommend

to the Provost to grant or deny the application for APL. The application for APL by a

Librarian Member, SI or SLI cannot be unreasonably denied, and the recommendation

shall be based only on:

(i) the merits of the proposed plan;

(ii) whether the proposed plan meets the purposes stated in Article 55.1;

(iii) the Librarian, SI, or SLI Member’s OPF;

(iv) the resources available to replace essential services normally available; and

(v) the location on the priority list of the applicants when the number of applications

cannot be financially supported by the Librarian Member, SI, or SLI leave fund in

any given year.

(b) If there are substantial reasons, the University Librarian, SI Supervisor, SLI Supervisor or

relevant Dean may recommend to the Provost to defer an APL for a period of up to one (1)

year. The reasons for this deferral must be presented in writing to the applicant. A

Librarian Member, SI, or SLI whose APL is deferred will maintain location on the priority

list; and

(c) Sources to be used for purchase of replacement services under Article 55.4(a)(iv) are:

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(i) Any salary savings from academic or professional leaves at less than one hundred

percent (100%) of nominal salary; and

(ii) a sum of two thousand five hundred dollars ($2,500) per full-time Librarian

Continuing Member and a sum of three thousand dollars ($3,000) per full time

Continuing SI or SLI in any fiscal year, will be placed in a separate Librarian

Member, SI and SLI academic and professional leave fund. The maximum to be

held in the fund at any one time is two (2) years’ allocation.

55.5 In all cases, the recommendations of the University Librarian, SI Supervisor, or SLI Supervisor

shall be transmitted to the Provost by November 1.

55.6 The decision of the Provost shall be made and communicated by December 1 for all Academic or

Professional Leaves for the following academic year.

55.7 Librarian, SI, and SLI Members shall not normally be granted a subsequent APL which commences

sooner than twenty-four (24) months after the return from an APL.

55.8 The provisions of Articles 54.14 to 54.22 shall apply to a Librarian, SI, or SLI Member granted an

APL.

55.9 Members on leave pursuant to Article 55 shall be compensated according to the following salary

levels:

(a) one hundred percent (100%) of base nominal salary for leaves up to six (6) months in

duration;

(b) eighty percent (80%) of base nominal salary for leaves up to eight (8) months in duration;

or

(c) seventy-five percent (75%) of base nominal salary for leaves greater than eight (8) months

in duration.

55.9.1 By exception, short leaves, or leaves during which a Member performs a portion of normal duties,

may be at higher percentages of nominal salary, but not in excess of one hundred percent (100%).

While on leave, Members shall continue to receive and when required pay for coverage under the

University’s benefit plans. Pension contributions will be based upon the nominal salary.

55.10 Priority List of Librarian Members, SIs and SLIs for APL Eligibility

55.10.1 There will be one (1) list generated and submitted for Librarian Members, one (1) list generated

and submitted for SIs, and one (1) list generated and submitted for SLIs. The Employer will update

the priority lists annually and submit the lists to the Joint Committee for approval by January 1.

55.10.2 Members will initially be placed on the priority list based on years of service in a Continuing

appointment at UNBC.

55.10.3 Members who are granted a Continuing appointment will be added to the bottom of the priority list

on the date Continuing appointment takes effect. Members who have been granted APL will be

added to the bottom of the priority list on the date the Member returns from APL.

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ARTICLE 56: ASSISTED STUDY LEAVE

56.1 Assisted Study Leaves (ASLs) must serve the objectives and goals of the University by providing

Members with the opportunity to enhance their professional competence and academic

qualifications free from normal on-campus teaching/professional and service obligations. Senior

Instructors, Senior Laboratory Instructors and Librarians are eligible to apply for ASL to improve

their qualifications. This can include specialized courses (e.g., Microsoft) research activities and

formal studies as per this Article.

56.2 A Member holding a full-time Tenure-track, Tenured, or Continuing appointment may be granted

ASL to undertake or complete a program of graduate studies when such will meet specific needs

identified by the University.

56.3 An application for an ASL shall be made in writing to the Chair of the Program with which the

Member is affiliated and the Dean of the Member's Faculty or the University Librarian. The

application shall outline the proposed program of study, the proposed starting date and length of

the proposed ASL, and any other information the Member wishes to provide. Application for ASL

shall be made normally one (1) semester prior to commencement of the leave. Applications for

ASL commencing in the Fall semester shall be submitted by May 1, applications for ASL

commencing in the Winter semester shall be submitted by September 1, and applications for ASL

commencing in the Summer semester shall be submitted by January 1.

56.4 The Dean, or University Librarian, after consultation with the Member (and Program Chair as

appropriate) shall make a recommendation to the Provost within ten (10) days of receipt of the

application. Within ten (10) days of receipt of the application and recommendation from the Dean

or University Librarian, the Provost shall decide whether or not to grant the ASL and shall notify the

applicant in writing.

56.5 The decision of the Provost may be to grant, to deny or to defer an ASL. In arriving at a decision to

grant, to defer, or to deny an ASL the Provost shall base their decision on:

(a) the relationship of the proposed program of study and the needs of the University;

(b) the recommendations from the Chair and the Dean or University Librarian;

(c) the relationship between the proposed ASL and the professional development of the

Member; and

(d) the ability of the Program Chair or University Librarian to make alternative arrangements

for the continued delivery of teaching or professional needs or the necessity of incurring

unbudgeted costs in the meeting of such needs.

56.5.1 The decision of the Provost shall be final and shall be communicated to the Member in writing, with

reasons stated for any decision to defer or deny the ASL.

56.6 The normal term of an ASL is one (1) or two (2) years. A Member shall remain a full-time

employee of the University during the ASL and shall return to the University for an equivalent

period of time as was taken on the ASL.

56.7 The financial assistance provided to a Member when taken together with net outside aid shall not

normally be less than fifty percent (50%) of the Member's nominal salary and not normally be more

than one hundred percent (100%) of the Member's nominal salary at the commencement of the

ASL.

56.8 Net outside aid shall mean the total of all forms of outside financial support which the Member may

receive relating to the ASL program, including fellowships, scholarships, bursaries, forgivable

loans, and travel grants, less costs actually incurred by the Member for tuition/registration fees,

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books and research materials related to the ASL program, and travel expenses, not to exceed

round trip economy class airfare between the point of principal residence of the Member and the

place of study not more than twice in a calendar year for the Member, spouse and children. Net

outside aid shall not be a negative number.

56.9 A Member on ASL is not accumulating service towards a sabbatical or APL.

56.10 Members on ASL shall be covered by the University's benefit plans on the same basis, including

payment of premiums or contributions by both the Member and the Employer, as a Member of

equivalent standing who is not on leave. Pension contributions shall be based on the Member's

nominal salary.

56.11 Assistance received from the Employer during a period of ASL shall be refunded to the Employer in

the event that the Member does not return to the University for the period foreseen in Article 56.6.

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ARTICLE 57: MATERNITY LEAVE and PARENTAL LEAVE

57.1A Qualifications for Maternity Leave

In order to qualify for Maternity Leave, a female Member must:

(a) submit to the Employer, through the Human Resources Department, an application in

writing for leave under this provision preferably at least eight (8) weeks but no less than

four (4) weeks prior to the commencement of the leave. If four (4)-weeks notice is not

possible due to unforeseeable circumstances, the request must be submitted immediately

when the need for Maternity Leave becomes known; and

(b) submit to the Employer a certificate from a duly qualified medical practitioner certifying that

the Member is pregnant and specifying the estimated date of birth of the child.

57.1B Qualifications for Parental Leave

A Member who becomes the natural parent of a child, or who is adopting or has adopted a child, is

entitled to Parental Leave providing:

(a) a written application is submitted to the Employer, through the Human Resources

Department, preferably at least eight (8) weeks but no later than four (4) weeks prior to the

commencement of the leave. If four (4)-weeks notice is not possible due to unforeseeable

circumstances, the request must be submitted immediately when the need for Parental

Leave becomes known; and

(b) the written application advises the Employer of the expected date of delivery/adoption and

of the Member's intention to take Parental Leave, and advises the Employer of the

anticipated commencement date and duration of such leave.

57.2 Maternity Leave or Parental Leave Benefits

57.2.1 Upon receipt of the required documents under 57.1A or 57.1B, the Employer shall grant Maternity

Leave or Parental Leave to the Member consistent in timing and duration with the British Columbia

Employment Standards Act.

57.2.2 During the period of leave, a Member who has applied for and received leave benefits pursuant to

the Employment Insurance Act is entitled to a Maternity Leave allowance or a Parental Leave

allowance as follows:

(a) for the first two (2) weeks of Maternity Leave, the Member shall receive one hundred per

cent (100%) of the Member’s weekly salary;

(b) for the first two (2) week of Parental Leave, the Member shall receive one hundred per cent

(100%) of the Member’s weekly salary, except when the Member is the birth mother

commencing Parental Leave immediately following Maternity Leave; and

(c) for any further period during which the Member is collecting Employment Insurance leave

benefits, the Member shall receive payments equivalent to the difference between the

Employment Insurance benefits they are receiving and one hundred percent (100%) of

their weekly salary.

57.2.3 To receive the benefit defined in Article 57.2.2, the Member shall supply the Employer with proof of

their application to the Employment Insurance Commission. The payment of the Maternity Leave

allowance or the Parental Leave allowance shall be as follows:

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(a) the Employer shall estimate the amount of the Employment Insurance benefit payment and

provide a supplementary payment to the Member on the usual salary payment schedule

and this supplementary payment shall be regarded as an advance;

(b) the Member shall provide evidence of the actual payments they received from the

Employment Insurance Commission; and

(c) the subsequent payments to the Member shall be adjusted, up or down, to reflect the

actual Employment Insurance benefit payments.

57.2.4 During a period of Maternity Leave or Parental Leave, contributions to the pension and benefit

plans shall continue on the part of the Member and the Employer on the basis of one hundred

percent (100%) of salary.

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ARTICLE 58: CULTURAL LEAVE

58.1 Cultural Leave for Indigenous Employees

The University will allow Indigenous employees reasonable leave of absence with pay for up to two

(2) days per calendar year, to attend Indigenous ceremonial gatherings or cultural activities in

fulfillment of cultural obligations. The employee will seek approval for leave from their supervisor.

Such leave requests will not be unreasonably denied.

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ARTICLE 59: COMPASSIONATE AND BEREAVEMENT LEAVE

59.1 It is recognized that certain emergencies such as the death or serious illness of a family member

may arise in a Member's personal or family life which may require an absence from the University.

For the purposes of this Article, a “family member” means someone who is:

(a) the Member’s spouse, child, parent, sibling, grandchild or grandparent;

(b) any person who lives with the Member as a member of the Member’s family;

(c) the Member’s aunt or uncle, niece or nephew, current or former foster parent, ward or

guardian;

(d) the spouse of the Member’s sibling or stepsibling, child or step-child, grandparent, grandchild,

aunt or uncle, niece or nephew, current or former foster child or guardian;

(e) the spouse’s child, parent or step-parent, sibling or step-sibling;

(f) the spouse’s grandparent, grandchild, aunt or uncle, niece or nephew;

(g) the spouse’s current or former foster parent, or current or former ward; or

(h) anyone else who the Member considers to be like a close relative, regardless of blood,

adoption, marriage or common law partnership.

59.2 The Member shall request bereavement leave from their Dean, or University Librarian, or

equivalent, for a specified period of time, not normally exceeding ten (10) days. Such leave shall

not be unreasonably refused. Bereavement leave shall be paid at full salary and benefits.

59.3 The Member shall request compassionate care leave from their Dean, or University Librarian, or

equivalent, for a specified period of time, not normally exceeding ten (10) days. Such leave shall

not be unreasonably refused. Compassionate care leave shall be paid at full salary and benefits.

59.4 Unpaid Compassionate Leave

59.4.1 A Member may request additional unpaid compassionate care leave from their Dean, University

Librarian, or equivalent, upon providing a certificate from a medical practitioner stating that the

family member has a serious medical condition with a significant risk of death within twenty-six (26)

weeks. In this case, the Member may take up to twenty-seven (27) weeks of compassionate care

leave within a fifty-two (52) week period including the initial (10) paid days. The fifty-two (52) week

period begins when a medical practitioner issues a certificate to the Member, or the first time the

Member takes a leave, whichever comes first. If the Member takes a leave before getting the

certificate, that leave will be included in the fifty-two (52) week period covered by the certificate.

Leaves must be taken in units of at least one (1) week.

59.4.2 During any period of unpaid compassionate care leave a Member is considered to be continuously

employed for the purposes of calculating annual vacation and termination entitlements. The

Employer will continue to make payments to any such plans that are already paid by the Employer,

unless the Member chooses not to continue with their share of the cost of the plan. The Member is

also entitled to all increases in salary and benefits that the Member would have received if the

leave had not been taken.

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ARTICLE 60: COURT LEAVE

60.1 Members who are summoned to be witnesses or jurors by a court or any body with the power of

subpoena, shall, if their attendance requires them to be absent from their scheduled

responsibilities, notify their Program Chair (or equivalent, or in the case of Librarian Members the

University Librarian), of the summons as soon as possible and shall supply a copy of the

summons.

60.2 Members who have complied with the foregoing shall be granted leave of absence with full salary

and benefits during the period of service to the court or summoning body.

60.3 In the event that a Member is accused of an offence which requires a court appearance, they shall

be granted a leave of absence without loss of benefits and pay, to which they would otherwise be

entitled, for the actual time of such an appearance. In the event that the accused Member is jailed

awaiting a court appearance, they shall receive leave without pay. Should the Member be found

not guilty of the offence they will be reimbursed lost salary for the period during which they were

incarcerated. The Member shall have the option of taking annual vacation leave to which they are

entitled in lieu of all or part of the leave without pay.

60.4 If a Member is incarcerated following conviction, and the Employer does not elect to discipline the

Member, they shall be granted leave of absence without pay for a maximum period of two (2)

years. The Member shall have the option of taking annual leave to which they are entitled in lieu of

all or part of the leave without pay.

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ARTICLE 61: SICK LEAVE

61.1 The Employer recognizes that unavoidable absences may occur because of illness or injury and for

this reason provides a sick leave benefit which provides income protection during these situations.

61.2 If the cause of absence from work is illness or injury compensable under the Workers'

Compensation Act, the Member shall apply for compensation under the provisions of the

legislation. If the Member applies but does not receive compensation under the provisions of the

legislation, the provisions of Article 61.5 apply.

61.3 A Member unable to attend to their duties because of illness or injury (including mental illness and

alcohol and drug addiction) shall advise their Program Chair, or equivalent, immediately except

where the nature of the injury or illness prevents immediate notification. If the absence is for more

than five (5) days, the form in 61A shall be completed by a Physician, signed, and returned to the

Human Resources Department. Upon return to work the Member shall complete the form in

Appendix 61B, have it signed by their immediate supervisor and forwarded to the Human

Resources Department. Members should be aware that immediate notification will facilitate the

application for Long Term Disability. The Employer may require a medical report prepared by a

Physician selected by the Employer. The decision to make such a request shall reside with the

individual in the Human Resources Department responsible for benefits. Before a Member on sick

leave resumes their duties and responsibilities, the Employer has the right to require a medical

report by a Physician that the Member is fit to resume the duties and responsibilities associated

with their position.

61.4 Inquiries regarding sick leave and the documentation required to support sick leave shall be held in

strict confidence.

61.5 Members who are on sick leave are entitled to receive one hundred percent (100%) of their salary

for a maximum of sixty (60) calendar days.

61.6 During the first sixty (60) calendar days of absence due to illness or injury, benefit coverage and

applicable premium payments by the Member and the University will continue.

61.7 Should the sick leave period extend beyond sixty (60) calendar days, Members shall apply for

benefits under the University's Long Term Disability Plan.

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Article 61A

University of Northern British Columbia (UNBC) – Sick Leave claim

Patient Authorization:

Name ______________________________________________

Address ______________________________________________

I hereby authorize the release to UNBC of the following information.

Employee’s signature ___________________________ Date ________________

Attending Physician’s Statement:

Confirm that your patient is suffering from a medically recognized diagnosis (there is no requirement to provide the

specific diagnosis):______________________________________

Treatment Dates

a) Date of first visit for current condition ___________________________

b) Dates of other visits related to this disability ____________________________

Treatment

Is patient following recommend treatment program? Yes _______ No ________

(Please elaborate if No) _________________________________________________

Restrictions

What are the patient’s occupational limitations?

___________________________________________________________________________________________

_________________________________________________

Prognosis

a) Prognosis for medical recovery____________________________________

b) Expected date of return to work____________________________________

Name of Attending Physician (please print) _________________________________

Specialty _________________________________________________________

Telephone No._________________________________________________________

Address _________________________________________________________

Signature __________________________________ Date ________________

Please forward the completed form, marked “Personal and Confidential” to the attention of:

Director of Health and Wellbeing Tel. (250) 960-5177

3333 University Way Fax. (250) 960-5571

Prince George, BC V2N 4Z9

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Article 61B UNBC Leave Form

Supervisors must ensure that forms are completed and signed for all absences and forwarded to Human Resources for retention on personnel files.

For information about the entitlement to leave, please consult the applicable Collective Agreement, Human Resources or Employee Group

Representative.

EMPLOYEE NO:

EMPLOYEE NAME:

DEPT/PROGRAM:

CIRCLE: ORIGINAL / CHANGE TO ORIGINAL DATES:

FIRST DAY OFF (mm/dd/yr)

LAST DAY OFF (mm/dd/yr)

NO. OF DAYS

REASON FOR LEAVE

Vacation

Sick Leave Physician’s certificate required if greater than five

days.

Bereavement/Compassionate Leave Indicate relationship:

Leave for Court Appearances

General Leave without Pay

Leave for UNBC-FA Activities Bill Union: No Yes - UNBC-FA

President’s initials:

Pallbearer and Mourner’s Leave

Medical/Dental Appointments

Leave for Serious Fire/Flood

Illness in the Family (explanation required) Indicate relationship:

Maternity/Parental Leave Appointment required with Human Resources.

Work Related Illness/Injury WCB form 7 must be completed by supervisor

immediately.

Special Leave with Pay Indicate Article No:

Time in Lieu/Overtime banked Indicate below or attach actual dates and times

worked.

EXPLANATION:

EMPLOYEE’S SIGNATURE: DATE SIGNED:

SUPERVISOR’S SIGNATURE: DATE SIGNED:

Distribution: White – Human Resources Yellow: Employee

Pink: Department

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ARTICLE 62: LEAVE OF ABSENCE

62.1 The Parties recognize that circumstances may arise in which it is appropriate for a Member to be

granted a leave of absence without pay. In consideration of the operational requirements of the

University, reasonable and professional judgement will be exercised by the Member when

requesting a leave of absence and appropriate notice will be given. It is particularly important that

the Employer have appropriate notice of leaves to be taken during a teaching semester. The

application will be in writing and will establish the beginning and end dates of the leave.

62.2 Leave of Absence for Faculty Members

62.2.1 Application for a leave of absence by a Faculty Member shall be made to the Dean (copied

simultaneously to the Program Chair) normally one (1) semester prior to commencement of the

leave. Applications for leaves commencing in the Fall semester shall be made by May 1.

Applications for leaves commencing in the Winter semester shall be made by September 1.

Applications for leaves commencing in the Summer semester shall be made by January 1.

62.2.2 The Program Chair will recommend to the Dean within ten (10) days of receipt of the application.

The Dean shall recommend to the Provost whether or not to grant the leave within ten (10) days of

receipt of the recommendation of the Program Chair. The Program Chair's recommendation and

the application shall be forwarded as supporting documentation with the recommendation of the

Dean to the Provost. The Provost shall decide whether or not to grant the leave of absence and

shall notify the applicant in writing within one (1) month following the date on which the application

for leave was received by the Provost.

62.3 Leave of Absence for Librarian Members

Application for a leave of absence by a Librarian Member shall be made to the University Librarian

normally two (2) months prior to the commencement of the leave. The University Librarian shall

recommend to the Provost whether or not to grant the leave and shall forward their

recommendation along with supporting documentation to the Provost within ten (10) days of receipt

of the application. The Provost shall decide whether or not to grant the leave of absence and shall

notify the applicant in writing within one (1) month following the date on which the application for

leave was received by the Provost.

62.4 Leave of Absence for Senior Instructors and Senior Laboratory Instructors

62.4.1 Application for a leave of absence by a SI or SLI shall be made to the Dean or supervisor (copied

simultaneously to the Program Chair as appropriate) normally one (1) semester prior to

commencement of the leave. Applications for leaves commencing in the Fall semester shall be

made by May 1. Applications for leaves commencing in the Winter semester shall be made by

September 1. Applications for leaves commencing in the Summer semester shall be made by

January 1.

62.4.2 The Program Chair will recommend to the Dean within ten (10) days of receipt of the application.

The Dean shall recommend to the Provost whether or not to grant the leave within ten (10) days of

receipt of the recommendation of the Program Chair. The Program Chair's recommendation and

the application shall be forwarded as supporting documentation with the recommendation of the

Dean to the Provost. The Provost shall decide whether or not to grant the leave of absence and

shall notify the applicant in writing within one (1) month following the date on which the application

for leave was received by the Provost.

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62.5 Conditions of Granting of a Leave of Absence

62.5.1 The University may, upon request of a Member, grant a leave of absence without pay for a period

not exceeding twenty-four (24) consecutive months with the exception of leaves granted under

Article 62.5.2.

62.5.2 When a Member stands for or has been elected to a First Nations, municipal, provincial or federal

office, the Employer may grant leave without pay for a period of up to six (6) years or until such

time as the Member resigns from the University, terminates their contract, or leaves political office.

Leave to stand for public office shall not commence before a writ of election is issued. A Member

on political leave for more than six (6) years is deemed to have resigned from the University.

62.5.3 While a Member is on such leave without pay, the Employer will not contribute towards University

benefits, but will permit and facilitate continuance of benefits coverage if desired and the Member

shall pay the applicable premiums.

62.5.4 Upon return from such leave, the Member will be reinstated at the Member's previous rank and at

their former salary plus scale changes applicable to that salary.

When leaves are approved to assume a full-time visiting appointment at another University, the

62.5.6 Along with the written notification to the Member from the Provost informing them a leave of

absence has been granted, the Employer shall provide in writing all agreed terms and conditions

upon which the granting of leave is based and specify a deadline of twenty (20) days for

acceptance or rejection of the said terms and conditions.

62.5.7 The Member shall not be deemed to have accepted the terms of such a leave of absence until they

have so notified the University in writing. Failure to accept within the deadline specified in Article

62.5.6 shall be deemed to constitute non-acceptance.

62.5.5

period

spent

on

the

full-time

visiting

appointment

shall

be

counted

as

time

in

service

to

the

University,

except

for

sabbatical

credit.

Upon

return

from

such

approved

leave

without

pay,

and

after

submission,

by

exception,

of

the

Professional

Activity

Report,

a

Member

shall

receive

their

former salary

plus

all scale changes and shall be eligible for Grid Steps

they

might

have

received had

they

not been on leave,

during the period of

the

leave.

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ARTICLE 63: VACATION ENTITLEMENT

63.1 A Faculty, SI, SLI or Librarian Member's vacation entitlement year shall be based on service during

the academic year from July 1 to June 30 of the following year.

63.2 Each Faculty Member is entitled to twenty (20) days of vacation (equivalent to four (4) weeks)

during each twelve (12) month period, non-cumulative except as provided for in this Agreement.

Each Librarian Member, SI and SLI is entitled to:

• twenty (20) days of vacation for each twelve (12) months service for their first (1

st

) to their

fourth (4

th

) year of service;

• twenty-five (25) days of vacation for each twelve (12) months service for their fifth (5

th

)

through ninth (9

th

) year of service; and

• thirty (30) days of vacation for each twelve (12) months service for their tenth (10

th

) year of

service and beyond.

63.3 The Member will be paid during such vacations but there shall be no additional remuneration

should the Member choose to work through all or part of the vacation period.

63.4 Faculty, SI, SLI or Librarian Members may take their vacation at any time provided that:

(a) in the case of Faculty, SI and SLI Members, the period of vacation does not conflict with

the Member's scheduled teaching duties as provided for under this Agreement;

(b) in the case of Librarian Members, the Member has indicated the dates of vacation to the

University Librarian in advance and has obtained the University Librarian's approval for

same; and

(c) vacations at other times shall be arranged only with the prior approval of the Dean, or

where appropriate, the University Librarian.

63.5 In the event of Faculty, SI, SLI or Librarian Members terminating their employment with the

University, such Faculty, SI, SLI or Librarian Members shall be entitled to receive payment for any

unused vacation at the date of termination. Except as provided for herein, there shall be no

remuneration in lieu of vacation not taken.

63.6 Vacation entitlement shall not be cumulative and shall expire at the end of the vacation entitlement

year. Exceptions may be approved by the Dean, or equivalent, whereby Members may carry over

a maximum of ten (10) vacation days into the next vacation entitlement year. In order to be eligible

for vacation carry over or pay out at termination of unused vacation, the Member must submit leave

forms to their Dean, or equivalent, as vacation is being taken.

63.7 During a vacation period, a continuous period of illness of longer than five (5) days confirmed by a

medical certificate shall, at the request of the Member, cause the Member's vacation entitlement to

be extended by one half (1/2) the duration of the illness.

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ARTICLE 64: HOLIDAYS

64.1 Members are entitled to the following holidays: any day declared as a holiday by the President or

as a statutory holiday by the federal or provincial authorities, and any other day on which the

University premises are declared closed by the President.

64.2 A Member will not receive additional remuneration should the Member choose to work on the

holiday.

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ARTICLE 65: NOT USED

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SECTION J

ASSOCIATION RIGHTS AND RESPONSIBILITIES

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ARTICLE 66A: RECOGNITION

66A.1 Definition of the Bargaining Unit

The Employer recognizes the Faculty Association as the sole and exclusive bargaining agent for

the members of the bargaining unit as defined in the Order of Certification issued on April 29, 2014

by the British Columbia Labour Relations Board.

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ARTICLE 66B: EXCLUSIONS FROM THE BARGAINING UNIT

66B.1 Definition of the Bargaining Unit

66B.1.1 For greater clarity, exclusions from the bargaining unit include but are not limited to:

(a) the President, Provost, Vice-Provosts, Associate Vice-Provosts, Vice-Presidents, Deans,

Directors, and the University Librarian, including an individual appointed in an acting

capacity to serve temporarily in one (1) of these offices, or one (1) of these officers on an

administrative leave that falls within a term of office, or between two (2) consecutive terms

of office.

66B.2 A Member who is excluded from the bargaining unit by virtue of holding an administrative

appointment, and who would otherwise be a Member of the bargaining unit upon termination of the

administrative appointment and who is still an employee of the University, shall, at the termination

of that appointment, automatically become a Member of the bargaining unit with all rights and

responsibilities and privileges attendant thereto. As of the date of ratification of this Agreement,

any existing compensation, leave, and/or other arrangements resulting from an administrative

appointment specified in Article 66B.1.1(a) shall not be altered by this Agreement.

66B.3 The Employer recognizes the Association as the sole and exclusive bargaining agent for all

Members of the bargaining unit as specified in Article 66A.1.

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ARTICLE 67: ASSOCIATION RIGHTS

67.1 In recognition of the involvement of Members in the consultative process of this Agreement, the

Employer agrees to provide course releases as outlined below in Articles 67.6 and 67.7. Each

course release shall be equivalent to three (3) semester contact hours, at the current value as

listed in Appendix 48A. Course release funds will carry forward if not used in any given year.

Course release funds provided to the Association may be used for any of:

(a) buying out one (1)-term course equivalents;

(b) assistance or assistants; and

(c) stipends.

67.2 In addition, the Association will be allowed to purchase one (1) other term course equivalents per

year, at the current stipend rate. Should a Librarian Member be assigned such release time, it

shall be assigned at an equivalency rate of three (3) hours per week on average per one (1)-term

course. The timing of such release time shall be negotiated by the Member with the University

Librarian. The Association will inform the Employer of the names of the Members for whom

release time is allocated as soon as they are elected or appointed and not later than May 31.

67.3 Employees of the Association shall be entitled to have their pay processed through the University’s

payroll services and participate in all Pension and Benefit Plans as set out in Article 50 and as per

the terms of those plans, except the Tuition Waiver benefit. The Association will pay all employer

costs of such benefits.

67.4 The Employer shall provide teaching release time as specified in Article 30.3.10 for Members

called to serve on Provincial and National bodies specified in Articles 29.10, 31.3.2, 32.3.2 and

35.4.2.

67.5 The year shall be the academic year September to August. The effective date of the release time

funds is September 1, of each year.

67.6 In each year two (2) course releases will be provided for both the Association President and the

Association Grievance Officer whose roles and responsibilities are covered in the UNBCFA

Constitution.

67.7 In the last year of each Agreement there are an additional four (4) course releases provided to the

Association for the negotiating team.

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ARTICLE 68: ASSOCIATION FACILITIES

68.1 The Employer shall provide to the Association without charge, the exclusive use of three (3) offices

including room 3085, of the type normally accorded to individual Faculty Members, furnished with

the following furnishings: desk, desk chair, six (6) chairs, table, waste basket, filing cabinet, and

bookcase. The Employer shall also provide internal telephone services with external access

(provided the Association will pay all long-distance charges) and use of the intra-University mail

service.

68.2 The Employer shall make available to the Association duplication, computer network connection,

and audio-visual services, and such other services as may be agreed upon by the Parties at the

then current internal University rate.

68.3 The Employer shall provide the Association access to meeting rooms on campus for Association

business through the University's room-booking service and follow the normal booking procedures

and regulations.

68.4 The Employer agrees to make available an electronic copy of this Agreement (including all

appendices) to all current Members, and twenty-five (25) print copies to the Association. The

Employer will make available one (1) print copy of this Agreement without charge to current

Members if requested by the Member. The Employer also agrees to provide the Association with a

copy of this Agreement in computer-readable form.

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ARTICLE 69: ASSIGNMENT OF ASSOCIATION FEES, DUES AND ASSESSMENTS

69.1 It is a condition of employment that each Member of the Bargaining Unit shall pay dues to the

Association unless an individual Member applies to and is exempted by the Labour Relations

Board.

69.2 The Employer shall deduct from the bi-weekly salary of each Member such fees, dues, or

assessments as may be authorized from time to time by the Association.

69.3 The Association agrees to inform the Employer in writing of any change to fees, dues, or

assessments at least one (1) full month in advance of the date on which the proposed change

would become effective.

69.4 The Employer shall remit the amounts deducted pursuant to Article 69.1 to the Association within

ten (10) days following the period for which the dues were deducted. Each remittance shall be

accompanied by a list of names, total wages, job titles and dues deducted.

69.5 The Association shall indemnify and save harmless the Employer from any liability or action of any

kind that may arise out of deductions made from the compensation of any employee pursuant to

this Article.

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SECTION K

MANAGEMENT RIGHTS AND RESPONSIBILITIES

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ARTICLE 70: MANAGEMENT RIGHTS

70.1 The Employer retains all rights, powers, privileges, obligations, and authority vested in it by law,

excepting only those that are clearly and specifically relinquished or restricted in this Agreement.

70.2 All management rights relating to the terms and conditions of employment of Members shall be

exercised by the Employer in a fair, reasonable, and equitable manner consistent with the

provisions of this Agreement.

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ARTICLE 71: NOT USED

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ARTICLE 72: PROGRAM CHAIRS

72.1 Role of the Program Chair

72.1.1 The Program Chair of an Academic Program provides academic and administrative leadership

within the Program, promotes and facilitates interdisciplinary research and teaching across

Programs and represents the Program and its interests to various relevant bodies within and

outside the institution.

72.1.2 The Program Chair implements policies related to the functioning of the Program for which they are

responsible, which may be developed within the Program, Faculty and the University.

72.1.3 The Program Chair is responsible to the Dean.

72.1.4 The Program Chair exercises all other powers related to the management of the Program called for

under this Agreement.

72.1.5 The Program Chair is also a scholar for whom teaching and research are important responsibilities.

The combination of workload and administrative support available to the Program Chair should be

sufficiently balanced to allow the Program Chair to fulfil their responsibilities in a meaningful way.

72.1.6 Each Teaching Member shall have a designated Program Chair, who shall fulfill the responsibilities

outlined in this Article.

72.2 Duties of the Program Chair

72.2.1 The Program Chair is responsible for the operations and activities of the Program, including the

following duties:

(a) after consulting with the Program, recommends to the Dean on the courses the Program

offers in each academic year;

(b) recommends to the Dean the teaching workloads of all teaching Members in the Program

as per Article 30. If the Dean disagrees with the Chair’s workload recommendations, the

Dean should communicate their objection to the Program Chair in writing and call for a

meeting with the Program Chair to resolve the disagreement. If the disagreement is not

resolved, the Provost shall act as an arbitrator;

(c) communicating the teaching workload assigned by the Dean to the Program’s Teaching

Members;

(d) facilitating the development and co-ordination of teaching across Programs in co-operation

with the Program Chairs of other Programs and the Dean;

(e) overseeing the academic operations, activities, and course offerings of the Program at

regional campuses. This includes mentoring Program Members in the regions, making

informed recommendations to the relevant Dean on a wide variety of subjects, such as

identifying the teaching needs within the regions, liaising with parties in the region

interested in post-secondary education, identifying teaching resources in the region,

liaising with other Program Chairs regarding programming the regions, proposing an

annual academic plan and appropriate budget for their region, approving expenditures from

the regional budget, organizing and chairing periodic meetings of the Faculty and other

Members assigned to the regions concerning issues pertaining to regional operations, and

performing other tasks as necessary for the normal and efficient running of the regional

operations;

(f) initiating and justifying new appointment requests and chair the ASC;

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(g) recommending appointments and renewals in the Program to the Dean (per Articles 13,

14, 16 and 22). In the case of new appointments, as chair of the ASC, recommend the

academic rank and salary of the successful candidate to the Dean;

(h) developing, negotiating and overseeing Program budgets in accordance with the annual

budget process;

(i) making recommendations concerning promotion and Tenure of Faculty Members for whom

the Program Chair is responsible (per Article 22); and

(j) reviewing Professional Activity Reports of Teaching Members (per Article 21A.12.2) and

providing a formative feedback letter to members during their review.

72.3 Responsibilities of the Program Chair

72.3.1 The Program Chair also assumes the following responsibilities:

(a) providing mentorship for Program Members' research and teaching careers;

(b) assignment and monitoring the work of the support staff associated with their Programs

and providing a report for the staff evaluation process;

(c) authorizing expenditures from the Program budget in accordance with University Policy;

(d) organizing and chairing regular Program meetings at least twice in each of the Fall and

Winter semesters;

(e) delegating other tasks necessary for the normal and efficient running of the Program; and

(f) co-ordinating accreditation for professional Programs and similar processes in other

Programs.

72.3.2 To assist the Program Chairs in the performance of their responsibilities, the Employer will ensure

that they have and receive copies of all Program contracts and University policies, are consulted

concerning the effectiveness of existing policies and the development of new policies that affect

their responsibilities and are made aware of changes to policies in a timely fashion. The Employer

will undertake a biennial review of administrative support.

72.4 Appointment of Program Chairs

72.4.1 When a Program Chair is to be selected, the Dean, after consultation with the Program and the

Provost, will decide whether only internal candidates will be considered, or whether both internal

and external candidates will be solicited.

72.4.2 For internal searches, the Program Appointments Selection Committee (ASC) (per Article 12.7)

shall act as the recommending committee. The Chair of all Program Chair searches shall be the

Dean or designate.

72.4.3 Before finally determining upon its nomination, the Committee, through its chairperson, shall

consult with the members of the Program.

72.4.4 The ASC shall make a recommendation to the Provost. If the Provost’s recommendation differs

from that of the committee, written reasons will be provided to the committee.

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72.4.5 The term of a Program Chair shall normally be three (3) to five (5) years, although there may be

circumstances in which less than three (3) years is appropriate. The term shall be set by the

Employer at the time of appointment.

72.5 Renewal of Program Chairs

72.5.1 Program Chairs may be renewed once by a process of review of their first (1

st

) term. A further

renewal shall occur only if the incumbent is selected by a committee comprised in Article 72.4.2

which considers other appropriate candidates.

72.5.2 The Program ASC (per Article 12.6) shall act as the recommending committee. The Chair of this

Committee will be another Program Chair from the Faculty, selected by the Dean in consultation

with the Program members. Normally, that Program Chair shall be a Program Chair who is not

currently, nor will be, under review for renewal in the same year. The Committee will convene to

review the performance of the Program Chair. It will review relevant Professional Activity Reports

and subsequent Memoranda of Evaluation by the Dean as per Article 21, and will formulate a list of

questions, in consultation with all members of the Program, to be posed to the Program Chair at a

subsequent interview meeting.

72.5.3 The ASC shall make a recommendation to the Provost. If the Provost’s recommendation differs

from that of the committee, written reasons will be provided to the committee.

72.6 Revocation of the Appointment to Program Chair

72.6.1 Where the Dean has concerns with the performance of a Program Chair, the Dean will first discuss

these matters with the Program Chair to address the concerns and will provide guidance to the

Program Chair to improve performance. Where such discussion does not lead to satisfactory

resolution and where the Dean determines that a Program Chair's performance of their duties as

Program Chair (per Articles 72.2 and 72.3) has been unsatisfactory, the Dean shall inform the

Program Chair in writing, setting out the areas in which performance must be improved. The

Program Chair shall have the right to respond, in writing, to this warning and such response will

constitute part of the documentation of the warning. If performance of those duties continues to be

deemed by the Dean as unsatisfactory for four (4) months, this may constitute grounds for revoking

the appointment as Program Chair.

72.6.2 The Dean may then recommend to the Provost the Program Chair’s appointment be revoked. The

Provost shall chair a committee consisting of five (5) Program Chairs from the Program Chair’s

Faculty. Where there are not five (5) such Chairs, the committee will appoint chairs from other

Faculties to bring the total number to five (5). This Committee will examine the evidence: the

Dean’s request, the Program Chair’s rebuttal, and any other documentation. If the Committee

decides, by majority vote, that the Program Chair’s performance was unsatisfactory, the Committee

shall recommend to the Provost that the Program Chair’s appointment be revoked. The Provost’s

decision is final.

72.6.3 The process can be terminated at any time by the Dean withdrawing the complaint or the Program

Chair resigning.

72.6.4 Should the Chairs conduct be the subject of an Article 45 investigation initiated by the Members of

a Program, the Provost may appoint an Acting Program Chair pending the outcome of the

investigation and the process in 72.6.2.

72.7 Acting Program Chair

72.7.1 If a Program Chair anticipates being absent from campus for more than forty-eight (48) hours, they

will designate an acting Program Chair after consulting the Dean. No Member can be compelled to

serve in such a capacity.

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72.7.2 If a Program Chair anticipates being absent from campus for a continuous period of thirty (30) days

or more, the Dean shall normally name an Acting Program Chair for a period that shall normally not

exceed one (1) year, after consultation with the Members in the Program. The Acting Program

Chair shall be eligible to receive the appropriate administrative stipend as in Article 72.8.3.

72.7.3 When awaiting the outcome of an internal or external search for a Program Chair, the Dean shall

normally name an Acting Program Chair, after consultation with the Members in a Program. When

a Program Chair unexpectedly resigns or where a Program ASC is unable to recommend a new

Program Chair to the Dean, the Dean, after consultation with the Program, shall appoint an Acting

Program Chair for a period that shall normally not exceed one (1) year.

72.8 Compensation

72.8.1 The annual supplementary administrative stipend of any Program Chair shall be as set out in

Article 48.2.

72.8.2 The counting of service towards sabbatical for Program Chairs shall be as provided for in Article

54.2(f).

72.8.3 Teaching release for Program Chairs shall be provided for as in Article 30.3.3.

72.8.4 A Faculty Member serving as an Acting Program Chair for a continuous period of thirty (30) days or

more shall be eligible to receive the appropriate administrative stipend of a Program Chair, pro

rata, for the full duration of such service.

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ARTICLE 73: REASSIGNMENT

73.1 The campus(es) of the University at which the Member is primarily responsible to the University for

meeting the terms and conditions of this Agreement shall be designated on their letter of

appointment.

73.2 The permanent reassignment of a Member with Tenure or a Continuing appointment to another

University campus may be required by the operational needs of the University. The Member and

the Employer shall make every reasonable effort to arrive at a fair negotiated agreement on

relocation. The Employer shall be responsible for the full cost of transporting the Member and

Member's family and their household goods to the new location in accordance with the University's

relocation policy.

73.3 For purposes of this Article, a campus is any location of the University's operation.

73.4 The short-term reassignment of a Member to another University campus may be required by the

operational needs of the University. The Member and the Employer shall make every reasonable

effort to arrive at a fair negotiated agreement on relocation, however relocation shall only occur

with the consent of the Member. The Employer will be responsible for all costs associated with

travel and accommodation of the Member during the period of reassignment, including the costs of

travel back to the principal residence of the Member at monthly intervals in accordance with the

University's travel policy.

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SECTION L

TRANSITION ITEMS

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ARTICLE 74: TRANSITION TO THE AGREEMENT

74.1 Article 7: Advancing Equity, Diversity, and Inclusion (EDI)

The parties agree that the Joint EDI Committee will be struck by no later than July 1, 2025.

74.2 Article 11: Non-Discrimination, Accommodation and Employment Equity

The parties agree that the report identified in 11.4.1 will be submitted to the parties by 1 September

2023 for the first year of the Collective Agreement.

74.3 Article 16: Appointment of Senior Lab Instructors

The parties agree that the conversion of Term SLIs to a Probationary appointment after five (5)

years as per Article 16.3.4.11 will take effect for any new SLI appointed on or after 1 July 2023. All

other SLIs appointed prior to 1 July 2023 shall be grandfathered under the terms of the 2019-2023

Collective Agreement.

74.4 Article 16A: Appointment of Senior Instructors

The parties agree that the conversion of Term SIs to a Probationary appointment after five (5) years

as per Article 16A.3.4.11 will take effect for any new SI appointed on or after 1 July 2023. All other

SIs appointed prior to 1 July 2023 shall be grandfathered under the terms of the 2019-2023

Collective Agreement.

74.5 Article 19.7: Post-Retirement Medical/Dental Benefits

Upon ratification of this Agreement, the Employer will transfer to the Association the following

residual one-time amounts with regard to Article 19.7: (1) $305,719, representing the residue of the

Post-Retirement Medical/Dental Benefits Fund at June 30, 2023; (2) the residue agreed to in the

ERO/VEP grievance settlement memorandum; and (3) $535,475.

74.6 Article 20: Personnel Files

With regard to Article 20:

I. Effective the date of ratification all materials added to an OPF shall be digital only;

II. All paper materials shall be scanned and included in the digital OPF; and

III. Paper materials will be kept for the life of the Agreement and then confidentially destroyed.

74.7 Article 21B: Components of Evaluation for Faculty Members and Regular Term Members

With regard to Article 21B.1.2. the parties agree that these changes will take effect for Tenure and

Continuing applications in the 2024-2025 year. The Employer will constitute the peer review roster

by August 1, 2023 to ensure that peer reviews can be conducted in 2023-2024 as required for

2024-2025 applications.

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74.8 Article 22: Renewal, Tenure and Promotion of Faculty

The parties agree that the requirements in Article 22.6.3.1 for “Peer Review and Teaching Dossier”

in Tenure and Promotion applications will take effect on July 1, 2024.

74.9 Article 27: Working Conditions

The parties agree that the first new faculty orientation, as required under Article 27.5, will occur in

late August 2023.

74.10 Article 28: Professional Development Allowance

The parties agree that all full-time Members will receive a one-time transfer to PDA of $400 and the

transfer will occur no later than 1 September 2023.

74.11 Article 32: Duties, Rights, Responsibilities and Teaching Workload of Senior Instructor Members

The parties agree that in accordance with the revisions to Article 32.2.2, all 2023-2024 SI

workloads will be reviewed before 1 August 2023.

74.12 Article 45A: Investigations

The parties agree that the new investigation timelines outlined in Article 45A.2.1 will take effect for

any new investigations initiated on or after 1 July 2023.

74.13 Article 48: Compensation

The parties agree that the new Chair’s Stipends will take effect 1 July 2024 and Chairs will receive

an amended Chair’s appointment letter by no later than 1 June 2024.

The parties agree that the salary schedules at Article 48 reflect the agreed upon changes to the

wage grids inclusive of the following GWIs. For certainty, the grids produced at Article 48 represent

the minimum general wage increase and will be adjusted subject to the COLA MOU when known.

Year 1: Effective July 1, 2023

• 6.75% (Note: Year 1 GWI is based on recognition of a COLA amount of 1.25% in

addition to a 5.5% wage increase)

Year 2: Effective July 1, 2024

• For SI, SLI/Lib Grids: by the annualized average of BC CPI over twelve months

starting on March 1, 2023 to a minimum of 2.0%, and a maximum of 3.0%, subject

to COLA MOU (see below).

• For Faculty Grids: by the annualized average of BC CPI over twelve months

starting on March 1, 2023 to a minimum of 1.39%, and a maximum of 2.39%,

subject to the COLA MOU (see below).

Existing Base Salary scales and Semester Contract Hour (SCH) rates (Appendix 48A) will

be adjusted commensurate with all GWI increases.

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Memorandum of Understanding

Re: Cost of Living Adjustments (COLAs)

The parties agree that in determining the level of any Cost of Living Adjustments (COLAs) that will be paid

out starting on April 1, 2024, the “annualized average of BC CPI over twelve months” in Article 74B of the

collective agreement means the Latest 12-month Average (Index) % Change reported by BC Stats in

March for British Columbia for the twelve months starting at the beginning of March the preceding year and

concluding at the end of the following February. The percentage change reported by BC Stats that will form

the basis for determining any COLA increase is calculated to one decimal point. The Latest 12-month

Average Index, as defined by BC Stats, is a 12-month average of the BC consumer price indexes of the

most recent 12 months. This figure is calculated be averaging index levels over the applicable 12 months.

The Latest 12-month Average % Change is reported publicly by BC Stats in the monthly BC Stats

Consumer Price Index Highlights report. The BC Stats Consumer Price Index Highlights report released in

mid-March will contain the applicable figure for the 12-month concluding at the end of February.

For reference purposes only, the annualized average of BC CPI over twelve months from March 1, 2021 to

February 28, 2022 was 3.4%.

74.14 Article 50: Pensions and Benefits

The parties agree that the Employer will ensure active “Personal Spending Accounts” will be set up and

available for Members to access by no later than 1 August 2023.

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ARTICLE 75: DURATION OF THE AGREEMENT

75.1 Except as otherwise stated, this Agreement shall take effect July 1, 2023 following ratification by

both Parties, and shall expire on June 30, 2025. Once notice to commence bargaining is given as

per Sections 46 and 47 of the Labour Relations Code, this Agreement shall continue in effect until

a new Agreement is concluded.

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SECTION M

MEMORANDUM OF UNDERSTANDING

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Memorandum of Understanding

Article 21A.2.3: Reporting to a Program Chair

Between: The University of Northern British Columbia

(the Employer)

And: The University of Northern British Columbia Faculty Association

(the Union)

Preamble:

The parties acknowledge that there are limited circumstances in which a Member does not report to a Program

Chair. The purpose of this MOU is to identify those positions, and to also outline a process to reassign those

positions where it is more appropriate to report to a Program Chair.

Whereas:

The parties acknowledge that it is reasonable and appropriate for Members in the joint UBC-UNBC Northern

Medical Program to continue to report to the Associate Vice President of Medicine, and the Senior Lab Instructors

in the Centre for Teaching, Learning and Technology (CTLT) will continue to report to the Director of CTLT;

however, it is appropriate for the following Senior Lab Instructors to report to a Program Chair:

1. High Performance Computing (HPC) SLI

2. GIS Lab SLI

3. Northern Analytical Laboratory Services (NALS) SLI

The Dean of the Faculty of Environment shall recommend an appropriate program for the HPC and GIS SLIs to

report to, and consult with the Faculty Association and the relevant Program Chair. The Program Chair shall, in

turn, consult with the Members of the Program on the appropriateness of the SLI’s relationship to the Program.

The new reporting relationship shall take effect on July 1, 2021.

The Dean of the Faculty of Science and Engineering shall recommend an appropriate program for the NALS SLI to

report to, and consult with the Faculty Association and relevant Program Chair. The program Chair shall, in turn,

consult with the Members of the Program on the appropriateness of the SLI’s relationship to the Program. The new

reporting relationship shall take effect on July 1, 2021.

Dated: November 23, 2019

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Memorandum of Understanding

Article 21A.2.3 and Article 72.1.6: Exceptions to Reporting to a Program Chair

Between: The University of Northern British Columbia

(the Employer)

And: The University of Northern British Columbia Faculty Association

(the Union)

Purpose:

This agreement seeks to clarify the exceptional circumstance that may arise in which a teaching member would be

reporting to a Supervisor other than a Program Chair, and where the Supervisor is not a member of the Faculty

Association bargaining unit.

Agreement:

The parties agree that each Teaching Member should have a designated Program Chair who is a member of the

bargaining unit and fulfills the duties and responsibilities of a Program Chair as outlined in Article 72. In exceptional

circumstances where it can be clearly demonstrated by the Employer that sound academic reasons support the

replacement of a Program Chair with an academic head outside of the bargaining unit, the Employer agrees to

consult with the program members and seek agreement of the Faculty Association, whose agreement will not be

unreasonably withheld. Temporary circumstances, such as recruitment or leaves, do not constitute an exceptional

circumstance.

Dated: November 28, 2019

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 249

Memorandum of Understanding

Joint Agreement Review Process: Indigenization

Between: The University of Northern British Columbia

(the Employer)

And: The University of Northern British Columbia Faculty Association

(the Union)

Whereas:

The parties acknowledge that a comprehensive review of the collective agreement for the purposes of:

❖ enhancing reconciliation efforts with the University’s Indigenous community;

❖ decolonizing practices within the University; and

❖ identifying and eliminating barriers to equal participation for Indigenous community members;

meets the interests of the Faculty Association and the Employer, and therefore agree to the following;

• A working group will be established no later than six (6) months after the date of ratification of

this Agreement.

• The working group will comprise an equal number of representatives, which may or may

not include bargaining team representatives.

• The working group will commit to a process of initial consultation with the University’s Indigenous

community as to how best to incorporate ongoing, meaningful participation and/or consultation

from that community into the joint review process.

• The parties will commit to clearly articulating their interests and to respecting and

understanding each other’s underlying interests.

• The parties will issue a non-binding joint recommendation to their respective bargaining teams

for consideration at the next round of bargaining. Failing a joint recommendation, the parties

will forward their progress to date to their respective bargaining teams.

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 250

Memorandum of Understanding

Joint Agreement Review Process: Equity, Diversity and Inclusion

Between: The University of Northern British Columbia

(the Employer)

And: The University of Northern British Columbia Faculty Association

(the Union)

Whereas:

The parties acknowledge that a comprehensive review of the collective agreement for the purposes of:

❖ enhancing EDI efforts; and

❖ identifying and eliminating barriers to equal participation for equity-deserving groups

and therefore agree to the following:

• A working group will be established no later than six (6) months after the date of ratification of this

Agreement.

• The working group will comprise an equal number of representatives, which may or may not

include bargaining team representatives.

• The parties will commit to clearly articulating their interests and to respecting and understanding

each other’s underlying interests.

• The parties will issue a non-binding joint recommendation to their respective bargaining teams for

consideration at the next round of bargaining. Failing a joint recommendation, the parties will

forward their progress to date to their respective bargaining teams.

UNIVERSITY OF NORTHERN BRITISH COLUMBIA

Faculty Association Collective Agreement

July 1, 2023 – June 30, 2025 251

Memorandum of Agreement

Commitments to Implement Provincial Mandate for 2022/23

as per MoS Signed on February 8, 2021

Between: The University of Northern British Columbia

(the Employer)

And: The University of Northern British Columbia Faculty Association

(the Union)

The parties agree as follows:

General Wage Increases: the provincial mandate with respect to July 1, 2022 to June 30, 2023 shall be

implemented as follows:

1. On July 1, 2023, the salary grids shall be increased to reflect increases of $520 plus 3.24% in

accordance with Appendix 48A.

2. On July 1, 2023, the Semester Contact Hour (SCH) rate shall be increased to $2,957.32.

3. Individuals employed at any point in the period July 1, 2022 to June 30, 2023, shall receive a one-

time lump sum payment in a gross amount equal to the difference between salary actually

received in that period and the salary that would have been received had the increases in

paragraph 1 and 2 been implemented on July 1, 2022.

4. The payment in paragraph 3 shall be subject to all applicable and usual deductions, including union

dues.

5. The Employer shall endeavour to make the payment in paragraph 3 as soon as feasible following

July 1, 2023.

6. Once implemented, this MOU shall fully satisfy the obligations set out in paragraph 10 (with respect

to GWIs but not the Flexibility Allocation) of the Memorandum of Settlement between the parties

dated February 8, 2021.