ARCHIVED - University Teaching (UT) 227

• Previous Page
• Table of Contents
• Next Page

This page has been archived.

Part 1 - General

Article 1
Purpose and Application of Agreement

1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the UTs and the Association, and to set forth herein certain terms and conditions of employment upon which agreement has been reached through collective bargaining.

1.02 The parties are determined to establish, within the framework provided by law, an effective working relationship.

1.03 The provisions of this Agreement apply to the Association, the UTs and the Employer.

1.04 In this Agreement, reference to one gender shall include the other.

Article 2
Interpretation and Definitions

2.01 For the purpose of this Agreement:

(a) "academic year" (année universitaire) is the period from July 1 to June 30 of the next calendar year, or as otherwise defined in the academic calendar;

(b) "Association" (association) means the Canadian Military Colleges Faculty Association;

**

(c) "bargaining unit" (unité de négociation) means all the employees of the Employer in the University Teaching Group, Scientific and Professional Category, as described in the certificate issued by the former Public Service Staff Relations Board on May 24, 1991;

**

(d) "CMC" (CMC) means the Canadian Military Colleges;

(e) "College" (Collège) refers to the Royal Military College of Canada;

(f) "common-law-partner" (conjoint de fait) refers to a person living in a conjugal relationship with an employee for a continuous period of at least one year;

(g) "continuous employment" (emploi continu) has the same meaning as specified in the Public Service Terms and Conditions of Employment Regulations on the date of signing of this Agreement;

(h) "day of rest" (jour de repos) in relation to a UT means a day, other than a designated paid holiday, on which that UT is not ordinarily required to perform the duties of his or her position other than by reason of his or her being on leave;

(i) "designated paid holiday" (jour férié désigné payé) means the twenty-four (24) hour period commencing at 00:01 hour of a day designated as a holiday in this Agreement;

(j) "employee" (employé) means a person so defined by the Public Service Labour Relations Act and who is a member of the bargaining unit;

(k) "Employer" (Employeur) means Her Majesty in right of Canada as represented by the Treasury Board and includes any person authorized to exercise the authority of the Treasury Board;

(l) "lay-off" (mise en disponibilité) means termination of employment as defined in section 29 of the Public Service Employment Act, as amended from time to time;

(m) "leave" (congé) means authorized absence from duty;

(n) "membership dues" (cotisations syndicales) means the dues established pursuant to the constitution and by-laws of the Association as payable by its members as a consequence of their membership in the Association and shall not include any initiation fee, insurance premium or special levy;

(o) "parties" (parties) refers to the Association and the Employer;

(p) "personnel file" (dossier personnel) of a UT shall include any file of material which is held by the Employer or any supervisor of the UT and which can be used in assessment of or in a career development decision concerning that UT or in a decision to impose discipline on a UT;

**

(q) "Principal" (recteur) refers to the Principal of the Royal Military College of Canada or his or her delegate;

(r) "sabbatical leave" (congé sabbatique) is an authorized period of leave without pay, but with an allowance in lieu of salary, for a specified duration (normally twelve (12) months or less) during which time eligible UTs, while remaining employees, shall be relieved of their normal teaching and administrative obligations as a means of providing them with an opportunity to pursue research or other scholarly activities thereby improving their knowledge of a particular discipline and enhancing their professional competence;

(s) "UT" (UT) means an employee as defined in (j).

2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement,

(a) if defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Public Service Labour Relations Act,

and

(b) if defined in the Interpretation Act, but not defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Interpretation Act.

Article 3
Official Texts

3.01 The English and French texts of this Agreement shall be official.

Article 4
Precedence of Legislation

4.01 In the event that any law passed by Parliament, applying to public service employees covered by this Agreement, renders null and void any provision of this Agreement, the remaining provisions of the Agreement shall remain in effect for the term of the Agreement.

Article 5
Academic Freedom and Academic Responsibility

General Definition

5.01 UTs have a right to academic freedom. Academic freedom does not confer legal immunity, nor does it diminish the responsibility of UTs to fulfil their academic obligations. It is defined as the freedom, individually or collectively, to pursue, to develop and to transmit knowledge through research, study, discussion, documentation, production, creation, teaching, lecturing and writing, regardless of prescribed or official doctrine and without constriction by institutional censorship. It includes:

The Freedom to Teach, and Its Responsibilities

5.02 UTs teaching courses have the right to the free expression of their views on the subject area, and may use and refer to materials and their treatment thereof without reference or adherence to prescribed doctrine.

In such circumstances, the UT is expected to cover topics according to the calendar description, to remain up to date in the knowledge of the discipline, treat students fairly and ethically, and teach effectively; which includes using fair, reasoned and fact-based arguments and showing a willingness to accommodate the expression of differing points of view.

The Freedom to Research, and Its Responsibilities

5.03 UTs have the freedom to carry out scholarly research within areas of their expertise without reference or adherence to prescribed doctrine. This should not be interpreted to preclude or inhibit the ability of UTs to develop new areas of expertise.

UTs are expected to meet established 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 findings upon a critical appraisal of available evidence and a reasoned analysis of its interpretation.

The Freedom to Publish, and Its Responsibilities

5.04 UTs have the right to publish the results of their research, without interference or censorship by the institution, its agents, or others. This should not be interpreted as prohibiting the UT from accepting restrictions upon publication as a condition of receiving support for the UT's research from a sponsor.

Researchers have a responsibility to report findings honestly and accurately, and to recognize appropriately the contributions of others to the work they report.

Freedom of Expression, and Its Responsibilities

5.05 UTs have the right to freedom of expression.

UTs who are commenting in their areas of disciplinary expertise are bound by the same obligation to honest and accurate scholarship which attends the right to publish research.

In the exercise of this right, UTs shall not create ambiguities as to whether they are speaking in a professional capacity or as private citizens, nor shall they claim to speak on behalf of the College unless so authorized.

Academic Freedom and the Specific Mission of the CMC

5.06 The special mission of the College does not diminish the academic freedom of the UT. Nonetheless, the special mission makes the College vulnerable to harm from misunderstandings that may arise from public discussion or publication in areas that speak directly to that special mission. This places on the UT, embarking upon such public discussion or publication, a somewhat greater responsibility for clarity than might attend similar actions in areas not closely associated with the mission.

The College will be better placed to correct any public misunderstandings and assure the UT's academic freedom, if the College and the UT are in a position to anticipate the impact of the UT's discourse. To this end, UTs are encouraged to advise the Principal before any anticipated public discussion or publication which, in the opinion of the UT, relates closely to the special mission of the College.

Article 6
Management Rights

6.01 All the functions, rights, powers and authority that the Employer has not specifically abridged, delegated or modified by this Agreement are recognized by the Association as being retained by the Employer.

Article 7
Other Rights, Responsibilities and Privileges

7.01 Nothing in this Agreement shall be construed to alter any rights, privileges, and responsibilities of UTs, individually or collectively, to participate in the decision-making of the CMC and its component parts where such rights, privileges and responsibilities are not inconsistent with the express terms of this Agreement.

7.02 Nothing in this Agreement shall be construed to alter any rights of individual UTs where such rights are not inconsistent with the express terms of this Agreement.

Article 8
Past Practices

8.01 Where this Agreement is silent on working conditions, the conditions existing immediately before the date of this Agreement shall continue to apply provided that:

(a) they are not inconsistent with the Agreement;

(b) they are reasonable, certain and known;

(c) they may be included in this Agreement in accordance with the Public Service Labour Relations Act;

and

(d) they are carried out in a fair and equitable manner.

8.02 The onus of establishing an existing practice within the meaning of 8.01 shall rest on the party who alleges the existence of same.

Article 9
No Discrimination

9.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation or any disciplinary action exercised or practised with respect to a UT by reason of age, race, creed, colour, national origin, religious affiliation, sex, sexual orientation, family status, mental or physical disability, membership or activity in the Association.

Article 10
Harassment

**

10.01 The Parties recognize the right of UTs to work in an environment free from harassment and agree that harassment will not be tolerated in the work place. Harassment shall be defined in Treasury Board's "Policy on the Prevention and Resolution of Harassment in the Workplace", as amended from time to time.

10.02 Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.

10.03 If by reason of clause 10.02, a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

Article 11
Outside Employment

11.01 Unless otherwise specified by the Employer as representing a conflict of interest, UTs shall not be restricted from engaging in other employment outside the hours they are required to work for the Employer.

• Previous Page
• Table of Contents
• Next Page