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Part 4 - Pay and Duration

Article 40
Pay and Pay Administration

40.01 Except as provided in this Agreement, the terms and conditions governing the application of pay to UTs are not affected by this Agreement.

40.02 A UT is entitled to be paid for services rendered at:

(a) the pay specified in Appendix A for the classification of the position to which he or she is appointed, if the classification coincides with that prescribed in his or her certificate of appointment;

or

(b) the pay specified in Appendix A for the classification prescribed in his or her certificate of appointment, if that classification and the classification of the position to which he or she is appointed do not coincide.

40.03 The rates of pay set forth in Appendix A shall become effective on the date specified therein.

40.04 Rates of Pay

(a) This clause supersedes the Retroactive Remuneration Directives. Where the rates of pay set forth in Appendix A have an effective date before the date of signing of this Agreement, the following shall apply:

Article 41
Severance Pay

41.01 Under the following circumstances and subject to clause 41.02, a UT shall receive severance benefits calculated on the basis of the UT's weekly rate of pay:

(a) Lay-off

(b) Resignation

On resignation, subject to paragraph 41.01(d) and with ten (10) or more years of continuous employment, one-half (1/2) week's pay for each complete year of continuous employment up to a maximum of twenty-six (26) years with a maximum benefit of thirteen (13) weeks' pay.

(c) Rejection on Probation

On rejection on probation, when a UT has completed more than one (1) year of continuous employment and ceases to be employed by reason of rejection during a probationary period, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-seven (27) weeks' pay.

(d) Retirement

**

(e) Death

If a UT dies, there shall be paid to the UT's estate a severance payment in respect of the UT's complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty -five (365), to a maximum of thirty (30) weeks' pay, regardless of any other benefit payable.

(f) Termination for Cause for Reasons of Incapacity or Incompetence

41.02 Severance benefits payable to a UT under this article shall be reduced by any period of continuous employment in respect of which the UT was already granted any type of termination benefit. Under no circumstances shall the maximum severance pay provided under clause 41.01 be pyramided.

41.03 The weekly rate of pay referred to in the above clauses shall be the weekly rate of pay to which the UT is entitled for the classification prescribed in the UT's certificate of appointment on the date of the termination of the UT's employment.

Article 42
Other Leave With or Without Pay

42.01 At its discretion, the Employer may grant leave with or without pay for purposes other than those specified in this Agreement.

Article 43
Duration

43.01 Unless otherwise expressly stipulated, the provisions of this Collective Agreement shall become effective on the date it is signed.

**

43.02 This Agreement shall expire on June 30, 2010.

Signed at Kingston, this 27^th day of the month of June 2008.

**Appendix A

UT - University Teaching Group
Annual Rates of Pay (in dollars)

Table Legend

• $) Effective July 1, 2006
• A) Effective July 1, 2007
• B) Effective July 1, 2008
• **C) Effective July 1, 2009

**

Notes

1. Pay Administration

Subject to the provisions of the Article 40 on Pay and Appendix A, the University Teaching Group Pay Plan, which does not form part of this collective agreement, governs the application of pay to UTs in this bargaining unit. To the extent that this Plan modifies existing terms and conditions governing the application of pay in the bargaining unit, the University Teaching Group Pay Plan shall apply. The Employer agrees to consult with the Canadian Military Colleges Faculty Association at least two (2) months before making any changes to the University Teaching Group Pay Plan revised effective July 1, 2008.

Appendix B

Administrative Allowance

A UT at level 2, 3, or 4, who acts as head of a department, will receive an annual allowance based on the number of full-time faculty in the department as outlined below:

Number of full-time Faculty	Annual Allowance
1 to 10	$3,000
11 to 15	$3,500
16 or more	$4,000

The Principal may accord this allowance to a member who is appointed as an assistant dean, associate dean, vice-dean or equivalent, who carries out administrative tasks which are comparable in complexity and extent to those of a head of department.

**Appendix C

Memorandum of Understanding
between the
Treasury Board
(hereinafter called the Employer)
and
The Canadian Military Colleges Faculty Association
(hereinafter called the Association)
in Respect of
The University Teaching Group Bargaining Unit

Preamble

In an effort to resolve retention problems, the Employer will provide an allowance to incumbents of positions at the UT-1 through UT-4 levels for the performance of duties in the University Teaching Group.

Application

1. The parties agree that incumbents of positions identified above shall be eligible to receive a Terminable Allowance.

2. The Terminable Allowance does not form part of a UT's salary except for the calculation of the Sabbatical Allowance and the Maternity and Parental Allowances.

3. The Allowance shall not be paid to or in respect of a person who ceased to be a member of the bargaining unit prior to the date of signing of this Agreement.

4. The Allowance shall be paid in the following amounts and subject to the following conditions:

Effective July 1, 2007

On September 15, 2007, an amount of $1,650 and on January 15, 2008, an amount of $1,650

Effective July 1, 2008, with the exception of a UT who meets the conditions stipulated in section B, the UT shall receive the amount in section A:

(A) UT-1: on September 15, 2008, an amount of $1,650 and on January 15, 2009, an amount of $1,650

UT-2: on September 15, 2008, an amount of $2,087.50 and on January 15, 2009, an amount of $2,087.50

UT-3: on September 15, 2008, an amount of $2,212.50 and on January 15, 2009, an amount of $2,212.50

UT-4: on September 15, 2008, an amount of $2,362.50 and on January 15, 2009, an amount of $2,362.50

(B) A UT-2 who has been at the ceiling for 12 months or longer, and a UT-3 who has been promoted to that rank with an effective date of July 1, 2008, and who was previously at the ceiling of UT-2 for 12 months or more, shall receive on September 15, 2008, an amount of $2,355 and on January 15, 2009, an amount of $2,355.

A UT-3 who has been at the ceiling for 12 months or longer, and a UT-4 who has been promoted to that rank with an effective date of July 1, 2008, and who was previously at the ceiling of UT-3 for 12 months or more, shall receive on September 15, 2008, an amount of $2,950 and on January 15, 2009, an amount of $2,950.

A UT-4 who has been at the ceiling of UT-4 for 12 months or longer, shall receive on September 15, 2008, an amount of $3,050 and on January 15, 2009, an amount of $3,050.

Effective July 1, 2009, with the exception of a UT who meets the conditions stipulated in section B, the UT shall receive the amount in section A:

(A) UT-1: on September 15, 2009, an amount of $1,650 and on January 15, 2010, an amount of $1,650

UT-2: on September 15, 2009, an amount of $2,087.50 and on January 15, 2010, an amount of $2,087.50

UT-3: on September 15, 2009, an amount of $2,212.50 and on January 15, 2010, an amount of $2,212.50

UT-4: on September 15, 2009, an amount of $2,362.50 and on January 15, 2010, an amount of $2,362.50

(B) A UT-2 who has been at the ceiling for 12 months or longer, and a UT-3 who has been promoted to that rank with an effective date of July 1, 2009, and who was previously at the ceiling of UT-2 for 12 months or more, shall receive on September 15, 2009, an amount of $2,355 and on January 15, 2010, an amount of $2,355.

A UT-3 who has been at the ceiling for 12 months or longer, and a UT-4 who has been promoted to that rank with an effective date of July 1, 2009, and who was previously at the ceiling of UT-3 for 12 months or more, shall receive on September 15, 2009, an amount of $2,950 and on January 15, 2010, an amount of $2,950.

A UT-4 who has been at the ceiling of UT-4 for 12 months or longer, shall receive on September 15, 2009, an amount of $3,050 and on January 15, 2010, an amount of $3,050.

5. This Memorandum of Understanding expires on June 30, 2010.

Signed at Kingston, this 27^th day of the month of June 2008.

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