OPSEU/SEFPO

September 27, 2017

Comprehensive Offer for Settlement

Without prejudice

Between the Ontario Public Service Employees Union (OPSEU) For the College Academic Staff (the “Union”)

And

The College Employer Council (the “Employer”)

The Union proposes the continuation and renewal of the current provisions in the collective agreement (including relevant Schedules, Letters of Understanding, Memoranda of Agreement or Settlement, Appendices and Letters of Agreement or Understanding, Classification Plans), with the exception of the following modifications, as well as modifications contained in forthcoming proposals;

The following Union proposals are tabled without prejudice. Further the Union reserves the right to ADD, DELETE, AMEND or otherwise alter these proposals during the course of bargaining.

Unless otherwise stated, all changes to be effective October 1, 2017.

It must be expressly understood that agreement on some proposals may require a parallel change elsewhere in the collective agreement.  It must also be expressly understood that the Union may be tabling further proposals.

Memorandum of Settlement

(“The Agreement”)

College Employer Council (the Council) (For Colleges of Applied Arts and Technology) (“the Employer”)

– and –

Ontario Public Service Employee’s Union (For Academic Employees) (“the Union”)

1. The parties agree, subject to ratification by both parties, to the terms and conditions of the Academic Employees Collective Agreement as amended by all items agreed to in bargaining. Ratification by both parties shall be deemed to have occurred on the latest date on which ratification occurs by the employees in the bargaining unit. The ratification process will be completed by both parties on or before ­­­____________       , unless agreed otherwise.
2. The renewal of the Academic Employees Collective Agreement shall be effective on the date of ratification by both parties and shall expire on the 30st day of September 2020.
3. The parties agree to meet to determine additions and/or deletions to the arbitrators in Article 32.03 B and agree that the list will be no less than twenty (20) names and will include Francophone arbitrators. It is understood that the list will be finalized by October 31,2017,
4. Except as provided otherwise in the terms of the Memorandum of Settlement, any changes to benefits shall be effective on the first day of the month following the month in which ratification by both parties occurs.
5. Except as provided otherwise in the terms of the Memorandum of Settlement, all other changes to the most recently expired Collective Agreement shall be effective October 1, 2017.
6. The renewal Collective Agreement shall be in the form of the most recently expired Collective Agreement, as amended by the attached. It is understood that some editing and renumbering may be necessary.

7.   The undersigned unanimously agree to recommend these terms of settlement as attached to their respective principals and, in the case of the signatories for the Union, to the bargaining unit employees.

8.   All issues in dispute are hereby withdrawn

Dated at Toronto, this     day of    2017.

For the Union: For the Employer:

Article 2 Staffing

Reclassification

2.02 A   The Colleges shall not reclassify instructors as technologists and shall not fill instructor positions that become vacant with technologists.

The Union’s original Art. 2.01 proposal has been removed and replaced by a Letter of Understanding

Protects faculty work.

Contract Positions

2.03 A  “Contract faculty” is defined as the hiring of, or the person who is hired on a contract, to work on a part-time, partial-load, or sessional basis.

Clearly defines who falls under the definition of contract faculty

2.03 B  The College will give preference to the designation of full-time positionsas regular rather than partial-load teaching contract positions, as defined in Article 26 Article 2.03 A, Partial-Load Employees, subject to operational requirements as related to the quality of the programs, their economic viability, attainment of the program objectives, the need for special qualifications and the market acceptability of the programs to employers, students, and the community. The College will not abuse the usage of contract faculty appointments by failing to fill ongoing full-time positions as soon as is possible, subject to operational requirements related to  the quality of the programs, attainment of program objectives, the need for special qualifications, and enrolment patterns and expectations.

Improves language for hiring full-time faculty and prevents Colleges from abusing contract positions.

2.03 C  The College will not abuse the usage of sessional appointments by combining sessional with partial-load sessional service with part-time and/or partial-load service, thereby maintaining an employment relationship with between the employee and the College in order to circumvent and thereby circumventing the completion of the minimum 12 months sessional employment in a 24 month period.

Improves conversion of contract into full-time positions.

2.03 D If the College continues a position beyond one full academic year of staffing the position with sessional contract appointments, the College shall designate the position as a regular full-time bargaining unit position and shall fill the position with a full-time member of the bargaining unit as soon as a person capable of performing the work is available for hiring on this basis.

Improves conversion of contract into full-time positions.

No Contracting Out

2.04 No college program or academic service shall be delivered in or from Ontario, in whole or in part, by any other party, including subsidiaries of a college.

Prevents outsourcing of faculty work. Consistent with the directive from MAESD with respect to private colleges

Article 11 Workload

11.01 A 1  Each teacher, faculty member (professor, instructor, counsellor or librarian) shall have a workload that adheres to the provisions of this Article.

Specifies all faculty are covered by Article 11.

New

11.01 A 2  All work that is performed by a professor or instructor, during teaching periods for the College, shall be recorded on the Standard Workload Form (SWF). This work includes but is not limited to teaching, research, curriculum development and revision, attending College promotional and marketing events, attending meetings, coordinating, supervising student projects and work, program reviews and reports, participation in committees, and mentoring faculty.

All faculty work should be assigned and recorded on the SWF during teaching periods to reduce volunteerism and accurately represent all of the work that faculty do. Hidden voluntary work allows the Colleges to have fewer full-time faculty than what is actually required.

11.01 B 1  Total workload assigned and attributed by the College to a full-time professor or instructor shall not exceed 44 hours in any week for up to 36 weeks in which there are teaching contact hours for teachers in post-secondary programs and for up to 38 weeks in which there are teaching contact hours in the case of teachers not in post-secondary programs.

The balance of the academic year shall be reserved for complementary functions and professional development.
Workload factors to be considered are:

(i)   teaching contact hours

(ii)  attributed hours for preparation

(iii)  attributed hours for evaluation and feedback

(iv) attributed hours for complementary functions

This ensures that partial-load faculty could work more than 36 weeks.

11.01 B 2  A “teaching contact hour" is a College scheduled teaching hour assigned to the teacher by the College. Teaching contact hours shall correspond exactly to the number of hours in the program of instruction.

This ensures all hours of instruction are accounted for on the SWF.

11.01 B 3  A counselling contact hour includes client appointments, groups, workshops, hallway events, classroom presentations, consultation meetings and providing training.

Defines and standardizes contact hour for Counsellors.

11.01 C 1  Each teaching contact hour shall be assigned as a 50 minute block plus a break of up to ten minutes.
The voluntary extension of the teaching contact hour beyond 50 minutes by the teacher and any student(s) by not taking breaks or by re-arranging breaks or by the teacher staying after the period to consult with any student(s) shall not constitute an additional teaching contact hour.

No change to language, this reflects new numbering.

11.01 C 2  For counsellors, new client contact hours will be adjusted as deemed appropriate by the counsellor in order to allow time for the scheduling of follow-up appointments for students in their caseload. "New client contact" is a client they are seeing for the first time.

Allows for adequate follow-up with students.

11.01 D 1  Weekly hours for preparation shall be attributed to the teacher in accordance with the following formula:

Type of Course	Ratio of Assigned Teaching Contract Hours  To Attributed Hours for Preparation
Online Hybrid/Blended New	1 :1.60 1 :1.35 1 : 1.10
Established A	1 : 0.85
Established B	1 : 0.60
Repeat A	1 : 0.45
Repeat B	1 : 0.35
Special A	as indicated below
Special B	as indicated below

 

Provides adequate preparation time for online or hybrid/blended courses.

11.01 D 3  For purposes of the formula:

(i)  “Online” refers to a section of a course which the professor delivers entirely online or through e-learning (i.e., there is no face-to-face instruction of students).

(ii)“Hybrid/Blended” refers to a section of a course which the professor delivers partly through face-to-face instruction and partly through other means.

[Renumber subsequent]

Defines “Online” and “Hybrid/Blended” course delivery.

11.01 E 5 Daily counselling contact hours shall not exceed 5 hours. 

Ensures appropriate Counselling workload, reflects common practice in most Colleges.

11.01 F 1  Complementary functions appropriate to the professional role of the teacher may be assigned to a teacher by the College. Hours for such functions shall be attributed on an hour for hour basis.

An allowance of a minimum of six seven (7) hours of the 44 hour maximum weekly total workload shall be attributed as follows:

five (5) hours for routine out-of-class assistance to individual students two (2) hours for normal administrative tasks not including scheduled meetings.

The teacher shall inform his/her students of availability for out-of-class assistance in keeping with the academic needs of students.

Increases time available for out of class assistance

11.01 F 2 The attribution of five (5) hours of out-of-class assistance for students may not be sufficient where a teacher has unusually high numbers of students in his/her total course load. When a teacher who has more than 260 students in his/her total course load considers that he/she will not have sufficient time to provide appropriate levels of out-of-class assistance, the supervisor teacher will shall discuss the issue with the his/her supervisor teacher. Possible means of alleviating the concern should be considered provided by the college such as additional types of assistance being provided or additional hours being attributed. Failing agreement on how to best manage the situation the teacher shall be attributed an additional 0.015 hour for every student in excess of 260.

Clarifies that faculty are entitled to additional assistance or hours attributed in the case of being assigned more than 260 students.

[New]

11.01 G2   Additional complementary hours for out-of-class assistance shall be attributed where a teacher has students who require accommodations.

[Renumber subsequent]

Acknowledges that faculty need more time to appropriately assist students who require accommodations.

11.01 I  Teaching contact hours for a teacher in post-secondary programs shall not exceed 18 in any week. Teaching contact hours for a teacher not in post-secondary programs shall not exceed 20 in any week. Counsellor contact hours shall not exceed 25 in any week.

Establishes the maximum number of contact hours per week for Counsellors.

[New]

11.01 J 2    Notwithstanding the above, overtime worked by a counsellor or librarian shall not exceed three total workload hours in any one week and shall be voluntary.

Includes Counsellors and Librarians for compensation of overtime.

11.01 J 3    Compensation for overtime will be paid by the college to   the faculty member as follows:

1. In respect of teachers such teaching contact hour agreed to in excess of the respective weekly teaching contact hour maximum shall be compensated at the rate of 0.1% of annual regular salary. Such workload hours agreed to in excess of the 44 hour weekly workload maximum shall be compensated at the rate of 0.1% of annual regular salary.  Such overtime payments shall be for the greater amount but shall not be pyramided.
2. In respect of counsellors and librarians such workload hours agreed to in excess of the 35 hour weekly workload maximum shall be compensated at the rate of 0.1% of annual regular salary.

Formula for Counsellors and Librarians is based on established formula for teachers.

[Renumber subsequent]

11.01 K 2  Weekly contact hours assigned to a teacher, counsellor, or librarian, by the College may be scheduled into fewer than five contact days and such compressed schedule shall be deemed to be five contact days.

Creates consistency among faculty.

11.01 L 3  A teacher, counsellor, or librarian A teacher shall not normally be assigned work on calendar Saturdays or Sundays. Where a teacher, counsellor, or librarian voluntarily agrees   a teacher is assigned to work on a Saturday or Sunday, the teacher they shall be credited with one and one-half times the credit hours normally given for hours so assigned and attributed.

Creates consistency among faculty.

11.01 M    Where a Union Local and a College agree in writing on terms governing workload assignments at the College, such agreements shall be binding on the College, the Union Local and the teacher, counsellor, or librarian teachers, and timetables shall be established in accordance with such local agreements.

Makes workload assignments consistent among faculty

11.02 A 1(a)  In respect of teachers, a SWF only shall govern the workload. In respect of counsellors and librarians, a written workload agreement only shall govern the workload. Prior to the establishment of a total workload for any, teacher, and the supervisor shall discuss the proposed workload with the faculty member:

i.for teachers, the supervisor shall

ii.for counsellors and librarians, the supervisor shall complete a written workload agreement that respects the provisions of this article.

The supervisor shall give a copy to the teacher faculty member not later than six weeks prior to the beginning of the period covered by the timetable excluding holidays and vacations. It is recognized that if the SWF or workload agreement is subsequently revised by the College, it will not be done without prior consultation with the teacher faculty member.

Creates written workload for Counsellors and Librarians

11.02 A1 (b)  The College may, where a change in circumstances requires it, amend assignments provided to a teacher, counsellor or librarian after the original assignment, subject to the teacher’s faculty member’s right to refer any matter to the College Workload Monitoring Group (WMG) referred to in 11.02 B 1 and if necessary, the Workload Resolution Arbitrator (WRA) referred to in 11.02 E 1 and appointed under 11.02 F 1.

Creates consistency among faculty

11.02 A 2  The SWF or workload agreement shall include all details of the total workload including teaching contact hours, accumulated contact days, accumulated teaching contact hours, number of sections, type and number of preparations, type of evaluation/feedback required by the curriculum, class size, attributed hours, contact days, language of instruction and complementary functions.

Includes the workload agreement for Counsellors and Librarians.

11.02 A 3 Following receipt of the SWF or workload agreement, the faculty member teacher shall indicate in writing on the SWF or workload agreement whether they are in agreement with the total workload. If not in agreement the faculty member teacher and the supervisor may add such other comments as is considered appropriate and may indicate in writing that the workload should be reviewed by the College WMG.

Provides access to WMG for Counsellors and Librarians. 

11.02 A 4   In the event that the teacher faculty member is not in agreement with the total workload and wishes it to be reviewed by the WMG, the teacher faculty member must so indicate in writing to the supervisor within five working days following the date of receipt of the SWF or written workload agreement. The completed SWF or written workload agreement will be forwarded by the supervisor to the WMG within three working days from date of receipt from the teacher with a copy to be given to the teacher.

Absent such indication, the teacher faculty member shall be considered to be in agreement with the total workload. 

Creates consistency among faculty.

11.02 A 5(a) The timetable shall set out the schedule and location of assigned workload hours reported on the SWF, on a Timetable Form to be provided by the College, and a copy shall be given to the teacher no less than two weeks prior to the beginning of the period covered by the timetable, which shall be the same period as that covered by the SWF.

11.02 A 5(b) For counsellors and librarians, a schedule of contact hours will be established based on the written workload agreement.

Clarifies the weekly schedule for Counsellors and Librarians

11.02 A 6(a)   In the event of any difference arising from the interpretation, application, administration or alleged contravention of 11.01, 11.02, or 11.09, a teacher the faculty member shall discuss such difference as a complaint with their the teacher's immediate supervisor.

The discussion shall take place within 14 days after the circumstances giving rise to the complaint have occurred or have come or ought reasonably to have come to the attention of the teacher faculty member in order to give the immediate supervisor an opportunity to of adjusting resolve the complaint. The discussion shall be between the teacher the faculty member and the immediate supervisor unless mutually agreed to have other persons in attendance. The immediate supervisor's response to the complaint shall be given within seven days after discussion with the teacher faculty member.

Failing settlement of such a complaint, a teacher faculty member may refer the complaint, in writing, to the WMG within seven days of receipt of the immediate supervisor's reply. The complaint shall then follow the procedures outlined in 11.02 B through 11.02 F.

Creates consistency among faculty.

11.02 C 1  The functions of the WMG shall include:

(i)    reviewing workload assignments in general at the College and resolving apparent inequitable assignments;

(ii)   reviewing specific disputes pursuant to 11.02 A 4 and/or 11.02A 6 (a) and where possible resolving such disputes;

(iii)  making recommendations to the College on the operation of workload assignments at the College;

(iv)  reviewing individual workload assignments where requested by the teacher faculty member  or the Union Local and, where possible, resolving the disputes;

11.02 C 2    The WMG shall in its consideration have regard to such variables affecting assignments as:

1. nature of subjects to be taught, including type of program (e.g. apprenticeship, certificate, diploma, advanced diploma, degree);
2. level of teaching and experience of the teacher faculty member and availability of professional and technical support and other resource assistance;
3. size and amenity of classroom, laboratory or other teaching/learning facility;
4. numbers of students in class;
5. instructional modes, including requirements for alternate delivery;
6. availability of time for the faculty memberteacher's professional      development;
7. previously assigned schedules;
8. lead time for preparation of new and/or changed schedules;
9. availability of current curriculum;
10. students with special needs accommodations;
11. students whose first language is not the language of instruction;
12. introduction of new technology;
13. the timetabling of workload, including changes to the length of the course;
14. level of complexity and rate of change in curriculum;
15. requirements for applied research;
16. required translation of materials;
17. mentoring of faculty;
18. nature of professional services provided including, psychological  counselling, vocational or career  counselling, educational  counselling, or accommodation services;
19. time required to develop or review a workshop or therapeutic group;
20. level of clerical support in preparing files, workshop material,  publicity,  and other related tasks associated to assigned activities.

Accounts for additional factors that may impact the workload. Includes new factors for Counsellors and Librarians

11.02 D 2   The WMG shall have access to all completed SWFs, written workload agreements, and timetables, and such other relevant workload data as it requires to review workload complaints at the College.

[Replace “teacher” with “faculty member” from 11.02 D3 to 11.02 E2]

Creates consistency among faculty.

11.02 F 5  A WRA shall determine appropriate procedure. The WRA shall commence proceedings within two weeks of the referral of the matter to the WRA. It is understood that the procedure shall be informal, that the WRA shall discuss the matter with the faculty member teacher, their teacher's supervisor, and whomever else the WRA considers appropriate. Due to the informal nature of the WRA, the parties agree no legal representation for either the College or the Union Local shall be permitted to attend. 

Affirms informality of the WRA

[Replace “teacher” with “faculty member” in 11.02 F6, F8, and F11]

Creates consistency among faculty.

11.02 F 12 References to "teacher" in this Article include "professor” and “instructor" but do not include partial-load teachers unless otherwise stated.

Clarifies the language

11.05 The parties agree that no College shall circumvent the provision of this Article by arranging for unreasonable teaching loads workloads on the part of persons who are excluded from or not included in the academic bargaining unit.

Creates consistency among faculty.

11.08  In keeping with the professional responsibility of the teacher, non-teaching periods are used for activities initiated by the teacher and by the College as part of the parties' mutual commitment to professionalism, the quality of education and professional development. Such activities will be undertaken by mutual consent and agreement will not be unreasonably withheld. 

No SWF will be issued but such activities may be documented. Where mutually agreed activities can be appropriately performed outside the College, scheduling shall be at the discretion of the teacher, subject to the requirement to meet appropriate deadlines. Such activities will neither be recorded nor scheduled except as in accordance with 11.01 G 1.

Article 13  Academic Freedom and Intellectual Property Rights

Academic Freedom

13.01  All faculty members have the right to academic freedom.

13.02  Academic freedom includes, without restriction:

1. freedom to teach and discuss;
2. freedom to carry out research and disseminate and publish the results thereof;
3. freedom to produce and perform creative works;
4. freedom to engage in service in community, in advocacy and activism, in academic governance committees, in professional bodies, and in any other activities the member deems appropriate;
5. freedom to express one’s opinion about the institution, its administration, and the system in which one works without fear of reprisal;
6. freedom to acquire, preserve, and provide access to documentary material in all formats; and
7. freedom to express an opinion about matters of public interest without fear of institutional reprisal.

Defines the specific faculty rights that academic freedom entails

13.03   Faculty members have the right, as individuals and as members of academic committees, to determine the following aspects of the courses they develop and teach: course outlines, content and materials, texts, grading schemes and evaluations, assigned grades, and method of course delivery.