Article 10 : working conditions
10.1 FACILITIES
10.1.1 To the extent that University resources permit it, the Employer shall provide members with facilities and services which are reasonably necessary for the effective discharge of their responsibilities of employment, such as reasonable library and computing services and facilities, and reasonable secretarial and technical services and other support facilities. An e-mail account must be set up for the member by the time of his or her first pay under a teaching contract and kept open for as long as the member's name appears on the seniority lists posted in compliance with 5.8.3. Access to library services is maintained in the same way as for full-time teaching staff. Members retain access to the Montpetit sports facility and privileges granted by the University Library as long as the member remains on the seniority list.
The University shall provide a voice messaging system for all members to communicate with their students by telephone during the term in which they hold a contract with the University in accordance with article 5.2.2. It is understood that the University is not responsible for any long distance charges related to this voice messaging system.
10.1.2 It is understood that a department shall provide a copy of the required textbook and, in units where special methods are specified, access to a reasonable number of manuals setting out the required teaching methods.
10.1.3 The parties agree that part-time academic staff normally require office space equipped with a computer to perform part of their workload duties.
If a computer ceases to function adequately and cannot be restored to normal function as determined by the Employer’s staff, the Employer shall provide a replacement computer.
The Employer is not required to provide such an office but where an office is not provided, part-time academic staff may request that the Employer complete the T2200 form as per 10.15.
10.1.4 When a member teaches in an academic unit, the academic unit will, on request and for the duration of the session, assign the member a locker or space in a lockable filing cabinet, provided such space is available. The member will return the key at the end of the session.
10.1.5 When members teach online courses, they receive a maximum of $15 per month reimbursement for Internet fees upon presentation of a receipt confirming such expenses during the session in which the course is given. In this situation, if the member requests an acknowledgment under 10.1.3, the form must show that the reimbursement in question has been given.
10.2 PARKING
10.2.1 The APTPUO shall be entitled to appoint one (1) member to the University of Ottawa Parking Committee. Rules for members' use of parking facilities and fees for members' parking permits shall be established by the Employer upon consultation with the Parking Committee.
10.2.2 When an employee is appointed or assigned duties at a place of work within the City of Ottawa but not on either campus of the University, the Employer will reimburse reasonable parking costs incurred upon submission of receipts.
10.2.3 The Employer shall make its best effort to ensure the availability of adequate parking facilities at reasonable cost it being understood that the allocation is subject to rules and regulations of the Parking Committee. Every member may receive, free of charge, a parking permit which will entitle her/him to park in any University of Ottawa parking lot at any time on Saturdays, Sundays and holidays.
10.2.4 Members required to teach evening courses will be entitled to receive a parking permit for evenings (after 4:00 p.m.) at the regular cost of such permits.
10.2.5 Subject to availability of parking permits, APTPUO members may obtain a parking permit for a given session at the same rates as those for regular staff members on condition that the permit be for at least 3 months and that the member hold a teaching contract during the period or have a letter from the department or faculty to the effect that a teaching contract has been offered the member for the given period. If parking spaces are available, the permit may be issued at the time the member applies. It is understood that all regulations of the Parking Service apply to these permits.
10.3 OFF-CAMPUS TEACHING
10.3.1 When an employee is appointed or assigned duties at a place of work outside the City of Ottawa, the employee shall be reimbursed for those reasonable costs of travel to and from the place of work. These costs shall be based upon current University rates for travel by private automobile and shall reflect the minimum number of trips necessary for the completion of assigned instruction from the main campus of the Employer to the place of work. Such costs shall not be paid to employees who reside near the place of work outside the City of Ottawa.
10.3.2 The Employer shall reimburse costs incurred for lodging where part-time academic staff, required to be outside of the City of Ottawa on assigned duties, is unable to return to his/her residence on the same day because of unforeseen events beyond his/her control.
10.4 BENEFITS
There shall be a joint Employer-Association benefits committee with two (2) representatives appointed by each Party. The role of the committee will be consultative. This Committee shall be provided with annual reports regarding the financial and experience results of the benefit plans, which will include the extended health plan and tuition fee credit plan.
10.4.1 EXTENDED HEALTH PLAN
10.4.1.1 The Employer agrees to maintain an extended health plan for the benefit of members of the bargaining unit under the conditions of the Letter of Understanding in Appendix I-4.
10.4.1.2 Members who teach on a per-course basis may opt into the Employer's extended health plan at the time of appointment for a period of twelve (12) months. Members holding long-term appointments (LTAs) as per 5.13 shall be included in the extended health plan on the same basis as term academics.
10.4.1.3 Members shall be able to accumulate credits applicable towards the insurance premiums otherwise payable, up to a maximum of 100% of the premium, at the rate of 8.3% of the premium per credit or equivalent taught during the preceding academic year.
10.4.1.4 For group insurance purposes, the member's employment contract will be considered for a period of twelve (12) months from the time of appointment.
10.5 UNIVERSITY HEALTH SERVICES
All members of the bargaining unit shall be entitled to make use of the University Health Services, free of charge on the same terms and conditions as the other employees of the Employer.
10.6 COUNSELLING AND PERSONAL DEVELOPMENT SERVICE
All members of the bargaining unit shall be entitled to make use of the University's Counselling and Personal Development Service, with the exception of personal therapy, free of charge during summer months.
10.7 PHOTOCOPYING
Student members shall submit a request for reimbursement to the Employer along with a detailed receipt or invoice for the cost of printing the final version of their thesis. The Employer provides an annual fund of $7,000 for this purpose, with a maximum of $300 available per member.
10.8 SPORTS COMPLEX
Any member of the bargaining unit and any person who continues to maintain seniority has basic access to the Montpetit Hall sports facilities. The member must present a valid employee identification card issued by Human Resources Service at the Client Services Desk of Montpetit Hall according to the procedures of Client Services.
10.9 TEACHING SUPPORT
10.9.1 Members of the bargaining unit will have access to support from Teaching and Learning Support Service (TLSS) on the same basis as a teacher or a full-time professor.
10.9.2 Where possible, guidance in the form of orientation, access to past course outlines, course objectives, bibliographies, recommended readings and teaching strategies shall be provided for student members who have limited or unrelated teaching experience. The APTPUO recognizes that the availability of some materials may be beyond the control of the Employer and therefore not available.
Before offering a student a course posted for a student-professor member, it is strongly recommended that the department ensure that the member has taught previously or has held a position as a teaching assistant or has completed some form of pedagogical training.
10.10 ACADEMIC AND PROFESSIONAL DEVELOPMENT FUND
10.10.1 The Employer agrees to maintain a fund to be administered by the management of Faculty Affairs to support research and advanced study (including travel grants) for bargaining unit members.
10.10.2 Grants are awarded through competition based on academic merit of the proposal by a selection committee consisting of one member of the bargaining unit to be selected by the APTPUO, one full-time faculty member selected by the Employer and the management of Faculty Affairs. The selection committee evaluates the grant applications and decides on any amount to be awarded.
10.10.3 On September 1 of each year, the Employer will provide an annual fund of $230,000 for the purposes set out in 10.10.1. At the beginning of September of each year, the Employer will add a sufficient amount to bring the balance up to $230,000 and supplement the said fund with an additional amount equal to the percentage increase of the basic rate as indicated in Appendix "D". These increases are cumulative from year to year to the fund established in September 2010.
10.10.4 It is understood that the Employer reserves the right to approve additional amounts where the quality and number of applications are such that the fund is clearly shown to be insufficient. Such decision shall only be considered on recommendation of the selection committee that a particular proposal is of high quality and that there are insufficient funds at the disposal of the selection committee to permit approval and that a delay in the acceptance of the proposal is not practical.
10.10.5 The Labour-Management Committee is authorized to develop guidelines for the administration and distribution of funds from the Academic and Professional Development Fund in accordance with the regulations set out in Appendix "E" and "F".
10.10.6 On the first day of October, February and June, the University shall report to the APTPUO in writing and send electronically with respect to the status of the Fund, including the names, departments, confirmation of their status (regular or student), amount received, amount remaining in the Fund and date of award.
10.11 TUITION FEE CREDITS
Members of the bargaining unit are eligible for tuition fee waivers for MTCU-funded programs and courses as follows:
- Tuition fees credits are earned on the basis of 7.5% of the remuneration paid for bargaining unit work.
- All members of the bargaining unit who will be commencing their fourth consecutive year of teaching at the University of Ottawa shall be entitled to receive tuition fee credits at the rate of 15% of the salary received for part-time teaching.
- These credits may be used as long as she/he is a member of the APTPUO as per 5.8.5.
- These credits may be applied to tuition in credit courses (but not incidental fees) for the member's spouse, dependent children under 26 years of age, and, in the case of members who are not full-time students, the member herself/himself.
- Part-time regular professors may take courses at the University, free of charge, if these courses are recommended in writing by the department as being necessary to improve or increase his/her teaching competence within the department and such recommendation is forwarded to the management of Faculty Affairs. Such a recommendation is not required for courses taken by a professor to improve his/her competence in one of the official languages.
10.12 TUITION FEE CREDIT PLAN
10.12.1 The refunds described in this article apply to government funded courses that earn university credits in full time programs of study funded by the government.
10.12.2 The member’s child or dependent must pay incidental fees.
10.12.3 The spouse, child or dependent who wishes to apply for a refund of tuition fees must complete the appropriate form available from Human Resources. The duly completed form must be returned to Human Resources before May 30 for the spring session, before July 30 for the summer session, before September 30 for the fall session, and before January 30 for the winter session. Payments will be made only upon receipt of an application within the established time limits. Applications not received within the prescribed time limits will not be considered initially for payment of the benefit. Late applications submitted for each session will be considered only after all timely applications have been processed, and by December 15 at the latest. No applications will be accepted for a semester other than the current term.
10.12.4 The annual cost for the University of the Tuition Fee Credit Plan shall not exceed $60,000 per academic year divided in three (3) sessions with a partial credit at the beginning of the session and a further credit when it has been established that the fund has not been oversubscribed, until such time as all the monies have been allocated as credits. Application will be made on the basis of one session at a time on the form provided by Human Resources.
10.12.5 In the case of part time students, payment will be calculated proportionally based on the number of courses required for the full time program.
10.12.6 The maximum amount per member, spouse, or dependent will be $2,000 per academic session.
10.12.7 The tuition fee assistance is a taxable benefit. This assistance is taxable as income to the member, unless it can be used as a scholarship by the spouse, children or dependents, in which case it becomes taxable as income to the recipient. In this case, and if the rules of the Canada Revenue Agency (CRA) allow the allocation of a scholarship, the value represents 85% of the amount normally awarded. “Tuition fees” are costs defined by the CRA for the purpose of tax deductions.
10.12.8 If the value of eligible applications under this plan is less than the total amount available, the surplus will be carried over and added to the amount available the following year beginning May 1, to a maximum of twice the annual amount set out in 10.12.4. If there is a deficit in any given year due to unforeseen circumstances, the deficit will be carried over to the following year beginning May 1. This deficit will be examined to determine its source and to evaluate, in consultation with the APTPUO, the changes to be made to administrative processes to avoid it happening again. If amounts are returned after their distribution, they will be deposited in the fund.
10.13 PENSION PLAN
10.13.1 The Employer agrees to maintain a defined contribution Pension Plan for the benefit of members of the bargaining unit.
10.13.2 The Plan became effective January 1, 1991. The defined contribution is set at 7% for both the Employer and the member, as of April 1, 2009.
10.13.3 The Plan is open to all members of the bargaining unit who have worked during the previous calendar year and who elect to participate in the Plan.
10.13.4 There shall be a Pension Plan Committee to administer the Plan and the Committee shall have equal Employer-member representation.
10.14 COPYRIGHT
10.14.1 INTELLECTUAL PROPERTY RIGHTS
10.14.1.1 Except as provided for in 10.14.1.3, the parties agree that the member holds the copyright with respect to any original work produced even where such work was produced with the use of Employer facilities, support personnel or services where such use does not result in additional cost to the Employer.
10.14.1.2 Where the original work was produced with the use of Employer facilities, support personnel, or services and such use results in additional cost to the Employer, the member retains the copyright with respect thereto subject to the following.
- The member shall advise the Employer of the additional cost incurred, and
- the member shall enter into an agreement to reimburse the Employer for any additional costs, it being understood that the Employer may waive such payment in exchange for a share of the proceeds of exploitation as agreed to by the member.
10.14.1.3 Where the original work was produced as a result of a specific written request of the Employer, agreed to by the member, the Employer shall hold the copyright. The Employer will send a copy of the request to the APTPUO and any agreement given by the member will be valid only for 20 days after receipt of the request by the APTPUO and can be withdrawn by the member during those 20 days.
10.14.1 COMMERCIAL EXPLOITATION AND USE
10.14.2.1 a) The parties agree that no commercial exploitation of an original work described in 10.14.1.3 shall be undertaken without the consent of the member.
b) Subject to 10.14.3.1, the employer may enter into an agreement with the member regarding the commercial exploitation of an original work for which the member holds the copyright.
10.14.2.2 It is understood that the member shall grant to the Employer a non-exclusive, royalty-free, irrevocable and non-transferable right to use any work developed pursuant to 10.14.1 for a minimum of 2 years for University purposes. After such time, the member may withdraw this right.
10.14.2.3 The permission given under 10.14.2.2 does not include the right to use course notes, that is, material prepared by the member for his use in interpreting or presenting the content of his course material or as a tool to assist in delivering the course, either in handwritten or other notes. Without limiting the interpretation of the preceding sentence, the expression “course notes” does not include laboratory manuals distributed to students.
10.14.2.4 The permission given under 10.14.2.2 does not include the right to use the original work on line, or for purposes other than those for which it was originally produced, or to alter the work in any way, including its content, format or medium, without the member’s consent. When the work is translated, the member will approve the translation and may request that his name not be used with the translated work.
10.14.2 DISTRIBUTION OF REVENUE
10.14.3.1 The Employer shall remit to the member 50% of the net revenue the Employer receives from the commercial exploitation of any of the original works referred to in 10.14.1.3. When the Employer and member have entered into an agreement for the commercial exploitation by the Employer of an original work for which the member holds the copyright, as described in 10.14.2.1 b), the agreement must specify that the Employer must remit to the member 75% of the net revenue that the Employer receives from this commercial exploitation.
10.14.3.2 Where the work is authored by more than one person, the Employer shall determine the amount payable to each, based upon the relative contribution of each to the work.
10.14.3.3 "Net revenue" in 10.14.3.1 means any money received as a result of the development or commercial exploitation of the works described in 10.14.1.3, less any expenses incurred by the Employer or by any agent or agency retained by the Employer to exploit the work commercially.
10.14.3.4 The Employer shall, on an annual basis, provide the author with an internally audited accounting of the proceeds and expenses related to the exploitation of the work. Further, the author shall have open access to all financial documentation, agreements, contracts, statements and other information required to verify compliance with this subsection.
10.14.3 An employee may request, in writing stating reasons, that the Employer completes the form based on Canada Revenue Agency (currently the T2200 Form) rules and regulations as required for the employee to use in support of a claim for qualifying employee expenses.