Memorandum of Agreement – 2020

Schedule “A” – Rates of Pay

• 2.0% increase to stipend rates effective September 1, 2020

Parties will revise Schedule “A” – Rates of Pay section, reflecting the respective changes.

All other terms and conditions would remain the same as the currently expired Collective Agreement.

The parties agree to enter into a Memorandum of Agreement to address the following items and measures in response to COVID-19:

Academic Participation/Professional Development and Tuition Waiver Fund

To permit increased support for Sessional Lecturers’ need of teaching materials as a result of remote teaching due to the current COVID-19 pandemic, the parties agree that the terms of the Fund described in the MOA (2017) will be amended to include “providing support for remote instruction, including the purchase of supplies, hardware, software, or services” under item 3 of the MOA (2017). If the remote instruction continues beyond the Fall term due to the COVID-19 pandemic, this clause will remain in effect and in force, unless and until the parties mutually agree to revised terms during the continued COVID-19 pandemic or until such time as remote instruction is no longer a mode of course delivery due to the COVID-19 pandemic. The parties will revert to the original terms of the MOA (2017) upon the University declaring a return to operations it deems to be “normal;” however, this does not preclude the parties from renegotiating the terms of the MOA (2017) on a permanent basis thereafter.

Right of First Refusal

• The maintenance period (referred to in Article 14.06) during which sessional lecturers hold Right of First Refusal will be extended by one additional sessional year, where a sessional year is one that begins on September 1st and ends on August 31st, for each sessional year or portion of a sessional year that the operation of the University is significantly affected by the University’s response to the COVID-19 emergency subsequent to May 1st, 2020, except in those cases in which a sessional lecturer can maintain his or her Right of First Refusal by teaching a course or courses during the period of the emergency. If the University resumes operations it deems to be “normal” prior to the end of a sessional year, the parties agree to revisit this arrangement to determine whether to continue, end, or modify it. Should the parties not reach mutual agreement on the ongoing status of this arrangement, this arrangement will end immediately with the parties’ impasse.

• The four-year Right of First Refusal qualifying period (referred to in 14.01(a)(i), 14.01(a)(ii), 14.01(a)(iii), and 14.02(b)) will be extended by one additional sessional year, where a sessional year is one that begins on September 1st and ends on August 31st, for each sessional year or portion of a sessional year that the operation of the University is significantly affected by the University’s response to the COVID-19 emergency subsequent to May 1st, 2020, except in those cases in which a sessional lecturer can potentially qualify for Right of First Refusal by teaching a course or courses during the period of the emergency. If the University resumes operations it deems to be “normal” prior to the end of a sessional year, the parties agree to revisit this arrangement to determine whether to continue, end, or modify it. Should the parties not reach mutual agreement on the ongoing status of this arrangement, this arrangement will end immediately with the parties’ impasse.

Teaching Review and Assessments

The parties agree that, with respect to Articles 14.09, 18, and 19, student teaching evaluations will not be considered in connection with regular review or discipline except at the request of the Sessional Lecturer affected while the remote teaching is in place of face-to-face teaching during the 2020 Fall term. If the remote instruction continues beyond the Fall term due to the COVID-19 pandemic, this clause will remain in effect and in force, unless and until the parties mutually agree to revised terms during the continued COVID-19 pandemic or remote instruction is no longer a mode of course delivery due to the COVID-19 pandemic. The parties will revert to the original language in Articles 14.09, 18 and 19 (referenced above) upon the University declaring a return to operations it deems “normal;” however, this does not prevent the parties from renegotiating these respective Articles during future rounds of collective bargaining.

The parties agree to commence discussions around members of CUPE 3287 conducting on-line facilitation/instruction for the purpose of identifying and understanding one another’s issues and interests on this matter.

If deemed appropriate by both parties, negotiations around a Memorandum of Agreement (MOA) may proceed.

Should the parties not achieve a negotiated MOA on this matter, there will be no avenues of dispute available to and/or legal consequences imposed on either party for not reaching said MOA. However, this does not preclude CUPE 3287 from its ability and regular avenues to challenge the University’s decisions relating to its operational decisions around on-line facilitation/learning arrangements.

The parties agree that negotiations for the next Collective Agreement will commence within six months prior to the expiry of this Collective Agreement with sufficient dates for negotiations set in advance.

The parties hereby agree that the foregoing provisions constitute a tentative agreement. The parties agree to recommend the tentative agreement to their principals and to attend to ratification thereof as soon as possible.