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Tucfa Agreement

Our agreement also provided for early access to reimbursement of 2020/2021 professional expenses and deferral options for academics who were on research and scholarship leave (RSL) or who had planned an RSL from July. We will meet again in the fall with the faculty association to discuss further adjustments that may be necessary to assist university staff if the pandemic continues. In an effort to justify the deviation from the contractual scope of the conciliation agreement, it [the University of Calgary Administration] argues that, as in the winter of 2020, student feedback will be collected by universal instructional grades for spring/summer and fall courses; However, we only pass this feedback on to course directors. Feedback is not given to department heads, associate deans or deans unless you, as a course leader, give prior authorization. This is included in our agreement with the faculty association. It is important to know that existing faculty guidelines are being revised, although no substantial changes to the criteria are being made at this time. Existing faculty guidelines refer to previous collective agreements and APT and GPC manuals that are no longer in force. Most of these provisions are now in the GFC manual. In addition, existing faculty guidelines refer to procedures and promotion and evaluation committees that have since been amended and codified in the current collective agreement. Our agreement with the Faculty Association confirms our commitment to the principles of academic freedom and confirms that the IP directive continues to apply, as noted above. The university was asked whether legislation that delayed conciliation and introduced PBCO and ministerial directives into public sector negotiations provided a power to allow an arbitrator to ignore the parameters established by the parties in the context of this re-opening of wages. It was not in a position to draw attention to such authority. I have reviewed this legislation and I cannot find a legal basis on which I can change the contractual mandate that the parties have given me in their agreement….

The first point was related to the “provincial mandate.” In awarding the award, Arbitrator Andy Simms expressly rejected the University of Calgary Administration`s position that a “provincial mandate” can be used to repeal the provisions of a collective agreement or that it should play a role in arbitration decisions. In his analysis of the administration`s argument, he writes that very shortly after the switch to distance course delivery in winter, we negotiated, in collaboration with the Faculty Association of the University of Calgary, an agreement to automatically defer the application process for university staff who hold a mandate (academic staff are not required to take the deferral if they wish to apply for the normal course). In the past, PDAC has organized continuing education days, theme preparation workshops, immigration workshops and more. Since I have not found anything and nothing has been done to change my contractual mandate, I cannot legally submit a 2% withdrawal proposal. In any event, based on the evidence before me, I would not be persuaded that such a roll-back would be appropriate for this bargaining unit.