Article 7: Rights of the Association

7.01 Nobody is required to join the Association as a condition of employment.

7.02 So long as this Collective Agreement continues to operate, the Board once in each month shall deduct from the salary of each Member of the bargaining unit such regular monthly dues or their equivalents as shall be authorized from time to time and certified in writing to the Board by the Association. The Board agrees to deduct and remit dues in accordance with this Article 7 from funds held to the credit of a Member on unpaid leave of absence under Clause 30.29 if the Board continues to administer the salary of the Member on behalf of a third party during the leave of absence. The Association agrees to indemnify and save harmless the Board from any liability or action arising out of any such deductions.

7.03 The equivalent of dues for those Members whose objections to paying dues or their equivalents to unions were upheld under the terms of a previous Collective Agreement between the Parties shall continue to be paid to the Dalhousie University Scholarship Fund, unless the Member concerned requests in writing that the dues or their equivalents be paid to the Association. The equivalent of dues for those who registered objections to paying dues or their equivalents to unions under the terms of a previous Collective Agreement between the Parties, and whose objections were not upheld, shall be paid to the Dalhousie University Scholarship Fund, effective the month following the signing of this Collective Agreement, unless the Member concerned requests in writing that the dues or their equivalents be paid to the Association. A newly appointed Member, or one who has entered the bargaining unit for the first time, may apply to the Association-Board Committee within ninety days of the effective date of initial appointment or entry to the bargaining unit, to register an objection to paying the dues or their equivalents specified in Clause 7.02. Such objection shall be on religious grounds, that the Member is a practising member of a recognized religion which has a doctrine against paying dues or the equivalent of dues to unions; or the objection shall be on conscientious grounds that the Member has an affirmatively expressed conscientious objection to paying dues or their equivalents to unions. The committee shall consider each such objection together with what evidence or other documentation the Member may submit in writing or personally. For the purpose of considering such objections, but only for this purpose, the committee shall be chaired by the President of the Atlantic School of Theology. In any case where the President of the Atlantic School of Theology might determine that for personal reasons he should not chair the committee, a chairperson shall be named by agreement of the Parties. The committee shall reach its decision by simple majority, including the chairperson. Where an objection is upheld, the equivalent of dues shall be paid to the Dalhousie University Scholarship Fund provided, however, that the total number of Members paying the equivalent of dues to the Dalhousie University Scholarship Fund would not exceed sixteen, or 2.5% of the total number of Members in the bargaining unit (in the latter case any fraction resulting from the calculation of 2.5% shall be rounded to the next higher whole number), whichever is the lesser.

7.04

(a) Teaching, research and professional library staff who are on the regular monthly payroll for at least four consecutive months and who are not Members of the bargaining unit but who do not opt out of membership of the Association will continue to have regular monthly dues to the Association deducted from their salaries each month. Such monthly dues shall be those authorized from time to time by the Association and certified in writing to the Board by the Association.

(b) Clause 7.04(a) above does not apply to employees in the bargaining unit represented by CUPE, Local 3912.

7.05 No later than the 7th day of the month following each payment of salaries, the Board shall inform the Association of the names of those persons from whose salaries deductions have been made, and the amounts so deducted from each person’s salary and shall remit to the Association the amounts so deducted on or before that date.

7.06 The Board agrees to print the annual amount of dues deducted from each person’s salary in accordance with Clauses 7.02 and 7.04, on behalf of the Association, on that person’s T4 slip. The Board shall provide the Association, by 15 February of each year, a list of names, employee numbers, social insurance numbers and the amount of dues deducted, in accordance with Clauses 7.02 and 7.04, from each person’s salary in the preceding year.

7.07 The Board agrees to provide to the President of the Association, upon request and within a reasonable period of time and for the exclusive use of the Executive of the Association, information relevant to the operations of Dalhousie University. Such information shall include reports or policies produced by Departments, Schools, Centres, Institutes, Libraries and Faculties. It is understood that this Clause 7.07 shall not be construed to require the Board to prepare reports which differ in other than minor ways from those it prepares for other purposes. Except for the use of information in grievances, arbitrations and confidential proceedings, any information which is normally treated as confidential within Dalhousie University shall be treated as such by the Executive of the Association and shall not be published or revealed in any manner whatsoever by the Executive of the Association.

7.08 Without limiting the generality of Clause 7.07, the Board agrees specifically to provide the Association:

(a) on a confidential basis, a copy of all staff changes as and when approved by the Board and, on a monthly basis, notice that such changes have taken effect;

(b) on a confidential basis, a copy of the Faculty Payroll Information Profile or other such documents as contain the same information for all changes in teaching, research, artistic, professional library and professional counsellor staff in those departments and similar units where Members work;

(c) a copy of Dalhousie University’s annual Financial Report and the Auditor’s Report;

(d) a copy of the budget documents of the University, after they have been presented to the Board;

(e) access to correspondence with government agencies on funding and copies of reports and requests to M.P.H.E.C.;

(f) by 1 December of each year a list of those Members who do not pay dues to the Association as a result of the application of Clause 7.03, together with a notation of the amounts paid to the Dalhousie University Scholarship Fund on behalf of those Members upon payment thereof;

(g) once each term, no later than the end of the sixth week of each term, the Board shall provide the Association with a list in printed and machine readable form of all persons who are not included in the bargaining unit and are appointed to the teaching staff in departments and similar units where Members work. This list shall include the following information:

(i) name of appointee;

(ii) department;

(iii) start date of each current assignment;

(iv) end date of each current assignment;

(v) academic unit;

(vi) for persons other than those appointed to the School of Dental Hygiene and those excluded from the bargaining unit in accordance with Clause 14.22, class number for each class assigned and total full-class equivalents assigned;

(h) information about class number for each class assigned for persons appointed with laboratory, clinical and/or other lecture responsibilities and persons appointed to the School of Dental Hygiene and those excluded from the bargaining unit in accordance with Clause 14.22 shall be provided in the same manner as in Clause 7.08(g) within a reasonable time following the implementation of the Banner Administrative Computing Suite.

It is understood and agreed that the limits of confidentiality referred to in this Clause 7.08 and also in Clause 7.07 extend to the publication in any form by the Association of information obtained under the terms of Clauses 7.07 and 7.08.

7.09 The Board agrees to provide the Association, free of charge, with the use of reasonable, serviced office space on Dalhousie University premises. Such other services or facilities as the Association may require shall be provided by the Board on the same basis and at the same cost as these services or facilities are provided and actually charged to departments.

7.10 The Board shall provide the Association with suitable meeting rooms as required, free of charge on the same basis as voluntary organizations within Dalhousie University, provided reasonable notice is given.

7.11 The Board agrees to continue to arrange for a courtesy account for use by the Association. Charges incurred by the Association shall be debited to this account for subsequent payment by the Association. The Association shall pay the amounts debited to the courtesy account within thirty days of being billed. Failure to pay the correct amounts on time will lead to interest charges at the University’s bank borrowing rate.

7.12 The Board shall not unreasonably deny opportunity for Members to attend meetings and to attend to Association business.

7.13 In determining and authorizing a Member’s workload, the Chairperson, Head, Director, Chief Librarian and Dean or Vice-President shall not unreasonably refuse a Member a reduction in components of his or her normal workload if there exists a reasonable expectation that the Member’s responsibilities as President of the Association, as a member of the Association’s bargaining committee, as a member of a joint committee set up pursuant to this Collective Agreement to facilitate the operation of the Collective Agreement, or as a member of the Grievance Committee of the Association (there being a limit of four in this last category) will impose significant demands upon the Member’s time. The President of the Association shall be entitled to a reduction in workload of one full class or its equivalent; and, as designated by the Association no later than 1 July in each year, one Member of the Executive Committee of the Association shall be entitled to a reduction in workload of one full class or its equivalent or two Members of the Executive Committee shall be entitled to a reduction in workload of one-half class or its equivalent. In years in which this Collective Agreement is being negotiated, the Association’s Chief Negotiator shall be entitled to a reduction in workload of one-half class or its equivalent. The cost of providing replacements for the reductions in workload for the President of the Association, the designated Member(s) of the Executive Committee and the Association’s Chief Negotiator shall be borne by the Board out of the University General Budget.

7.14 The Association shall provide a copy of the Collective Agreement, edited by both Parties, and suitable for printing, and the Board shall provide the Association 100 copies of the Collective Agreement at no extra cost. The Association may purchase such number of additional copies as it requests, at a charge no greater than the actual cost to the Board of reproduction of the Collective Agreement. The Board agrees to email a searchable PDF copy of the Collective Agreement to each Member a copy of this Collective Agreement. The Board shall also provide a hard copy of the Collective Agreement to any Member or appointee upon request.

7.15 The Board agrees to appoint as a trustee of the Dalhousie University Pension Trust Fund a person nominated by the Association. The Board agrees to appoint as a trustee of the Dalhousie Retirees’ Trust Fund, a person nominated by the Association. The Board shall not cede its right to appoint a person nominated by the Association as a trustee for the Dalhousie University Pension Plan without thorough prior discussion with the Association.

7.16 The Board agrees to continue the appointment as members of the Employee Benefits Committee, in accordance with Clause 32.07, of two persons nominated by the Association.