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Collective Agreement 2002-2005
Table of Contents:
MEMORANDA
1. The Parties agree that members hired on term contract prior to 7 March 1996 shall be treated as though Clause 7.5 (b) of the 1 April 1991 - 31 March 1993 Collective Agreement were still in effect.
2. The Administration agrees to develop a set of mutually agreeable guidelines concerning the treatment of members applying for vacant academic and academic administrator positions at Brandon University. Specifically, search Committees shall consider carefully all applications from members and interview those members who are qualified.
3. The Parties agree that members hired prior to the signing of this agreement shall be treated as though Article 13.11 of the 1 April 1995 - 31 March 1998 Collective Agreement was still in effect.
4. The Parties agree that, within ninety (90) days of the signing of this agreement, the matter of the inclusion or exclusion from the Bargaining Unit of the Directors of Rural Development, Enrollment Services, Athletics and International Activities shall be referred to the Manitoba Labour Board (MLB) for adjudication.
The Parties further agree that the "Definitions" section shall be amended to conform with the ruling of the MLB in this matter. All other references to provisions relating to positions determined to be excluded from the Bargaining Unit by the MLB, with the exception of the provisions of Article 28 and "Definitions", shall be null and void.
PREAMBLE
The Employer and the Union recognize that the major purposes of Brandon University are:
· to provide a facility for higher education;
· to provide students with an environment in which they may develop
intellectually, emotionally and socially;
· to promote the pursuit, advancement, and dissemination of truth and
knowledge;
· to serve the community; and
· to encourage a climate of freedom, responsibility, and mutual respect in the
pursuit of these goals.
The Parties agree, in the furtherance of these aims, to promote harmonious
relations and, should any misunderstandings or disputes arise, to attempt to
settle them peacefully and
co-operatively.
DEFINITIONS
Every attempt has been made to use inclusive language in this agreement; however, a word used in the feminine gender shall also include the masculine gender and vice versa and a word used in the singular number shall also include the plural number when the context so requires.
For the purpose of this Collective Agreement, the following definitions have been agreed upon:
"Academic Administrators" designates the Vice-President (Academic & Research), Deans, University Librarian, Director of BUNTEP, Director of Campus Manitoba, Director of Rural Development, and the Director of Enrollment Services.
"Academic members" designates individuals holding appointments as Lecturers, Assistant, Associate, or Full Professors.
"Academic year" means from 1 September to 31 August.
"BUFA" designates the Brandon University Faculty Association.
"CAUT" designates the Canadian Association of University Teachers.
"Dean" designates one of the following administrative officers of Brandon University (the Employer): the Dean of the Faculty of Arts, the Dean of the Faculty of Education, the Dean of the Faculty of Science, the Dean of the School of Health Studies, the Dean of the School of Music, and the Dean of Students.
"Department" in this Collective Agreement refers to
(a) the subject areas in the Faculties of Arts, Science, and Education in
which there are at least three faculty members;
(b) the undergraduate program areas in the School of Music and the School of
Health Studies;
(c) the units of Student Services, Enrollment Services, and Library Services.
(d) the units of Student Services, Educational Technology Unit, Enrollment
Management Unit, and Library Services.
"Director" designates one of the following administrative officers of Brandon University (the Employer): the University Librarian, the Director of Rural Development, the Director of Enrollment Services, the Director of BUNTEP, and where appropriate in relation to the Collective Agreement, the Director of Campus Manitoba.
"Employer" designates the Board of Governors of Brandon University.
"Faculty" refers to the five academic faculties (Arts, Education, Health Studies, Music, and Science).
"Grievancer" designates the officer of the Employer who has allegedly violated one of the Articles of this Collective Agreement and against whom a member or the Union has filed a grievance.
"Grievor" designates the one who files a grievance in accordance with Article 6. It may be a member, or the Union acting on behalf of a member, or the Union acting on its own.
"Member" designates a member of the bargaining unit defined in MLB Certificate No 3976.
"MOFA" designates the Manitoba Organization of Faculty Associations.
"Own-account work" refers to professional activity engaged in by the member for the purpose of receiving remuneration from an Employer other than Brandon University or from Brandon University for non-bargaining unit work.
"Parties" designates the Union and the Employer.
"President" designates the President of Brandon University.
"Special Projects" designates Campus Manitoba, BUNTEP, BUHEP, IUN, and PENT.
"Spouse" includes common-law spouse, in the absence of a legal
spouse. "Common-law spouse" is a person publicly represented by an
employee as the spouse of the employee, where:
(a) either of the persons is prevented by law from marrying the other, for a
period of not less than three (3) years, or
(b) neither of them is prevented by law from marrying the other, for a period of
not less than one (1) year, and
(c) the employee has on file in the Human Resources Office a declaration of
same.
"Union" designates BUFA.
"Unit" refers to Library Services, Student Services, and Enrollment Services.
"Vice-President" designates the Vice-President (Academic and Research), unless otherwise stated in this Collective Agreement.
ARTICLE 1: RECOGNITION
The Employer, pursuant to the certification of the Manitoba Labour Board, recognizes the Union as the exclusive bargaining agent for all members described in Certificate No. MLB 3976 as being within the bargaining unit.
ARTICLE 2: MANAGEMENT RIGHTS
2.1
Subject to the provisions of this Collective Agreement, the Union acknowledges the right of the Employer to operate and to manage the University in accordance with its commitments, responsibilities, and obligations as set down in the Brandon University Act.
2.2
The Employer shall exercise this right with due regard for the rights of the members and for just and equitable procedures consistent with this Collective Agreement.