26.1

This Collective Agreement shall be for three (3) years from April 1, 2002 to March 31, 2005.

26.2

Notice to bargain for a renewal of this Collective Agreement with or without modifications or for the making of a new Collective Agreement shall be given in accordance with the provisions of the Manitoba Labour Relations Act.

26.3

During negotiations, all Articles which have not (at the time of declaring as provided in Article 26.2) been declared open for negotiation by either party shall continue in force during negotiations unless there is a strike or lockout.

26.4

In accordance with the provisions of the Manitoba Labour Relations Act:

1. The Union shall not declare or authorize a strike by members while this Collective Agreement is in force;
2. The Employer shall not declare or cause a lock-out of members while this Collective Agreement is in force;
3. No member shall strike while this Collective Agreement is in force.

26.5

In the event of a strike or lock-out, members who require access to University facilities in order to prevent irreparable damage (such as the loss of life and/or decomposable materials) shall prevent such damage. Requirements for such access shall be made known to the Dean/Director prior to any strike or lock-out.

26.6

If, during the term of this Collective Agreement, the Parties hereto agree on an addition to, an amendment of, or an interpretation of any of the provisions of this Collective Agreement, the same may be added to this Collective Agreement in the form of a supplement hereto, and shall thereafter become part of this Collective Agreement. Nothing in this Clause shall be deemed or in any manner construed as providing either of the Parties with a right, additional to that provided above, to require the other Party to commence collective bargaining.

26.7

The Parties hereby acknowledge the benefits of a consultative process for the purpose of discussing issues relating to the workplace which affect the Parties to this Agreement or any member bound thereby. To this end, the Parties recognize the provisions of Section 81 (2) of the Labour Relations Act. Specifically, the Parties agree to establish a Joint Consultation Committee, consisting of three (3) persons representing each Party. The Committee shall, at the request of either Party, meet at least once every two (2) months, or at such times and in such manner as the Parties may agree.

Quorum for meetings of the Joint Consultation Committee shall be four (4) members, provided that at least two (2) members from each Party are present. The Chair shall alternate, from meeting to meeting, between the Parties and retain voting rights.

26.8 Right to Privacy

The Parties agree that members have the right to privacy, consistent with the traditions of Academic Freedom and Article 5 of this Collective Agreement. Furthermore, the Parties agree to the application of the provisions of the Manitoba Freedom of Information and Protection of Privacy Act, or any other applicable statutes of Manitoba and the government of Canada related to privacy, as they may be proclaimed or amended from time to time.

26.9 Technological Change

The Parties recognize that technological change may affect the environment within which the professional duties and responsibilities of members are undertaken. Accordingly, the Parties agree that a Technology Review Committee shall be established to make recommendations, when requested to do so by either Party, regarding changes in technology (hardware and software). Prior to the implementation of such technological change, the Employer shall notify BUFA in writing of the proposed change. The Technology Review Committee shall consist of three (3) persons representing each Party. Quorum for meetings of the Technology Review Committee shall be four (4) members, providing that at least two (2) members from each Party are present. The Chair shall alternate from meeting to meeting, between the Parties, and retain voting rights. Recommendations of this Committee must be submitted to the Employer within thirty (30) calendar days after the notice of the proposed change, or such further period as the Parties may mutually agree. If no such timely recommendation is submitted, the Employer is free to implement the proposed change. Minority, as well as majority, recommendations may be submitted.

26.10