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Model Clause on Academic Staff Complement

1 
Academic Staff Complement¹

1.1
For the purposes of this Model Clause, academic staff complement is defined as the sum of

a)    the number of faculty and librarian positions currently filled by full-time members, and

b)    the number of 3 hour credit courses (or equivalent) assigned to part-time contract academic staff divided by 5. 

Full-time or part-time academic administrators temporarily excluded from the bargaining unit as a result of their administrative appointment shall not form part of the academic staff complement.²

1.2
The calculation of the academic staff complement shall be based on the total number of
members in the bargaining unit at the effective date of the collective agreement.

1.3
The number of full-time tenured and tenure-track positions shall be not less than 75%
of the academic staff complement.

1.4
The employer shall, subject to article 1.3, maintain the current academic staff complement
and shall fill, with tenured or tenure-track appointments, within 8 months any vacancies that may occur as the result of resignation, retirement, dismissal, administrative appointment, or death.  

1.5
The academic staff complement shall be increased should the student:academic staff ratio
established in article 2.1 require it.

1.6
Positions which are temporarily vacant as a result of lay-offs during a period of financial
exigency as provided for in article X [Financial Exigency] may be eliminated only after the end of the recall period as defined in article X.x [Right of Recall].

2
Student: Academic Staff Ratio

2.1
For purposes of calculating the student:academic staff ratio

a)    full-time equivalent students shall be the sum of

        i)    all registered full-time graduate and undergraduate students, and
        ii)    all registered part-time graduate and undergraduate students divided by 3.0.³

b)    academic staff shall be the academic staff complement as calculated in article 1.1.⁴

2.2
The employer shall endeavor to maintain the student:academic staff ratio at no more than 20:1⁵ over each academic year.

2.3
The current ratio shall be based on enrollments as of October 15 and February 15.  For purposes of administering the agreement the student:academic staff ratio shall be the average current ratio for the Fall and Winter academic terms.

3
Joint Complement Committee⁶

3.1
The employer and the association shall each appoint three members to a Joint Complement Committee which shall meet at least twice each academic year. 

3.2
The Joint Complement Committee shall appoint from its members a chair for each meeting, it being understood that there will be a rotation between an employer and an association member.  The chair shall at all times retain voice and vote.

3.3
The Joint Complement Committee shall be assisted by the Vice-President Academic who shall be an ex officio member of the Committee without voice or vote in the decisions of the Committee.

3.4
The Joint Complement Committee shall meet on December 1 each year to receive an interim report from the Vice-President Academic on the current student:academic staff ratio for the Fall academic term.  In addition, the Vice-President Academic shall provide the Committee with the most recent reports from the [provincial] Ministry on the student:academic staff ratio of all institutions within the province.  The Committee may report to the parties any measures which might be required to meet the requirements of article 2.1.

3.5
The Joint Complement Committee shall meet on April 1 each year to receive a final report from the Vice-President Academic on the current student:academic staff ratio for the Winter academic term.  In addition, the Vice-President Academic shall provide the Committee with the most recent reports from the [provincial] Ministry on the student:academic staff ratio of all institutions within the province.  The Committee may make recommendations to the parties on measures which might be required in light of article 2.1.

4
Penalty

4.1
Should the Joint Complement Committee determine at its April meeting that the current student:academic staff ratio is more than 5% higher than the target defined in article 2.1 the employer shall pay to each member employed during some or all of the preceding contract year an amount equal to the shortfall in the number of academic staff complement times the salary of the floor of the assistant professor divided by the number of members of the bargaining unit.

4.2
Should the Joint Complement Committee determine at its April meeting that the proportion of tenured and tenure track academic staff falls below 75% as provided in article 1.2 then a sufficient number of new tenured or tenure-track positions shall be created and filled within 12 months.  Such new positions shall be subject to Article X and dealt with as internal transfers.⁷


Endnotes
1.  This model clause assumes that both regular tenured and tenure-track and contract academic staff, either full-time or part-time, are members of the same bargaining unit.  A number of modifications will be required if part-time contract academic staff are members of a second bargaining unit or of a different certified union.

2.  This model clause identifies only the three central groups which must be included in complement language.   Individual institutions will no doubt have a number of other categories which will have to be dealt with in the complement clause.  Medical schools in particular will have a variety of academic categories which may or may not be members of the bargaining unit.  Associations need to make firm judgment and be precise to ensure inclusivity in their complement language.

3.  The ratio of 3.0 part-time students to a full-time student is in alignment with the requirements of the Canada Student Loan Program.  Associations might wish to consider as an alternative the guidelines for reporting enrolments to your provincial ministry.

4.  This clause calculates the total academic staff complement.  How that complement is distributed among academic units depends on local circumstances.

5.  The ratio can vary significantly from region to region.  When negotiating complement associations will have to negotiate a reasonable ratio consistent with local circumstances.

6.  Associations might wish to assign the task of monitoring compliance to an already existing joint committee charged with overseeing the administration of the entire agreement.

7.  If your agreement does not include an article similar to CAUT’s Model Clause on Transfers (November 2001), this article will need expanding to provide protection to members on limited-term contracts who must be given reasonable opportunities to move into more secure positions for which they are qualified.