Here is the text of the Social Contract "framework agreement" that
governs UW and the church colleges. This text is supposed to be signed
by UW's officers and submitted to the government by Tuesday, July 13.
The machine-readable version of the text was provided by the UW office
of operations analysis. Formatting for UWinfo and uw.general may not
be perfect, but it's cleaner than it was a few minutes ago, thanks to
some help over the phone from the Math Faculty Computing Facility.
Chris Redmond
Information and Public Affairs
credmond@watserv1
UNIVERSITY SUBSECTOR SOCIAL CONTRACT
RE: UNIVERSITY OF WATERLOO AND ITS FEDERATED AND
AFFILIATED COLLEGES
The University of Waterloo is comprised of the University, one
federated College the University of St. Jerome's College, and
three affiliated Colleges Conrad Grebel College, Renison College
and St. Paul's United College. The federated and affiliated
Colleges are included in this University Subsector Social Contract
by virtue of Appendices 1 through 4.
July 7, 1993
Whereas the purposes of the Social Contract Act, 1993 are as follows:
1. To encourage employers, bargaining agents and employees to
achieve savings
through agreements at the sectoral and local levels primarily
through adjustments in compensation arrangements.
2. To maximize the preservation of public sector jobs and
services through
improvements in productivity, including the elimination of
waste and inefficiency.
3. To provide for expenditure reduction for a three-year period
and to provide
criteria and mechanisms for achieving the reductions.
4. To provide for a job security fund.
The parties have developed this agreement in the spirit of those
purposes and as a basis for achieving a saving of $6,449,000, which is
the University of Waterloo's discounted share, including federated and
affiliated Colleges, of the university sector financial target.
I. ONTARIO UNIVERSITIES
The university sector comprises 17 provincially assisted universities
and four university- related institutions in Ontario. The corporate
powers of each university are vested in a governing body, usually the
board of governors, the authority and composition of which are
prescribed in the statute establishing the university.
In 1992-93 there were approximately 324,000 students and 36,000
full-time university employees. The Ontario Labour Relations Act
applies to employees in universities and collective bargaining takes
place at the local level within each institution.
II. PURPOSE AND OBJECTIVES
It is essential to recognize:
1. That Ontario's universities provide high-quality,
post-secondary education
throughout Ontario and undertake provincial, national and
international research. Within their communities,
universities are major employers and through their education
and research they are central to the intellectual, social,
cultural and economic well-being of this province.
2. That the University of Waterloo is an autonomous institution,
established by
the University of Waterloo Act, 1959, and 1972. The authority
of the University's governing bodies is contained in that
Act. The University's Board of Governors and the Senate are
open and accountable. They have specific legal obligations
set out in the Act.
3. That a number of consultative or decision-making bodies exist
which reflect
the relationship between the government of Ontario and the
universities, eg. The Ontario Council on University Affairs
(OCUA), which has traditionally dealt with all issues of
allocation and distribution.
It is essential to acknowledge:
1. The autonomy, governance, unique character and diversity of
the provincially
assisted universities; and
2. The principles of academic integrity and collegial
self-management which are
inherent in the character of universities.
It is essential to ensure the fair and equitable treatment of all
University employees, while preserving the University's ability to
attract, retain, and recognize the contributions of their employees in
a manner consistent with its mission.
It is also important to note:
1. That provincially assisted universities and through them,
their colleges, rely
significantly, for operating purposes, on transfer payments
from the government of Ontario, and on tuition fees; and,
2. That the process of Social Contract negotiations initiated by
the Ontario
Government in April 1993 is intended to explore ways of
mitigating the impact of the reduction in the level of such
transfer payments.
III. MISSION OF THE UNIVERSITY OF WATERLOO
The mission statements of the University of Waterloo and the federated
and affiliated colleges are attached as Appendix 5.
IV. FINANCIAL ADJUSTMENTS
In light of (1) the reduction of financial contributions to the
University of Waterloo from the Government of Ontario arising from the
financial targets of the Social Contract, (2) the need to preserve
accessibility to educational and research services, and (3) the
Government of Ontario's stated position that the impact of these
reductions should be mitigated in the broader public sector for a
three-year period primarily through adjustments in compensation, the
University of Waterloo and its employees agree to effect the required
savings through various changes as exemplified by, but not limited to,
the list below, in a manner consistent with the Social Contract Act,
1993;
voluntary unpaid leave mandatory unpaid leave reduction in
compensation comprehensive freeze on compensation voluntary
early retirement with savings on replacement freeze on merit
increases freeze on progress through the ranks freeze on
movement in salary steps pension savings deferment of negotiated
salary increases replacement of paid overtime with time off
changes in employer obligations for benefit payments closure
during non-peak periods greater flexibility in scheduling work
flexible work arrangements, job sharing self-funded leaves
reduce retirement gratuities by 10% for each year an employee
works beyond pension entitlement deferment of benefit
improvements unless they support restructuring
In accommodating the Social Contract reduction the parties may agree to
make such changes as are necessary to the terms of such collective
bargaining agreements as may exist between them, provided such changes
are consistent with the Social Contract Act, 1993.
Low Income Cut-Off
The plan will not adversely affect employees who earn less than $30,000
annually, excluding overtime pay.
Pay Equity
Nothing in this Agreement shall be interpreted or applied so as to
reduce any right or entitlement under the Human Rights Code or under
the Pay Equity Act.
Pension Payment Savings
University pension plans are varied and diverse. It cannot be assumed
that there are accounting or actuarial adjustments that can be applied
to varying pension fund forms to generate responsible reductions in
employer liabilities and hence expenditures. However, where
appropriate, the universities agree to undertake an actuarial
assessment based on actuarially reasonable assumptions reflecting the
agreement in order to determine whether they are in a position to do
so.
Subject to the provisions of existing pension plans, a pension surplus
may be used to enhance early retirement efforts in the institution or
to replace the employer's payments into the pension plan, providing
that the integrity of the plan is maintained. The employer's reduced
expenditures may be applied against the Social Contract target amount
for the University.
V. PRESERVING QUALITY OF SERVICE
None of the mechanisms, processes and provisions described in this
section is intended to duplicate or abrogate any consultation or
decision-making apparatus already established within the institution or
within the sector.
A. Openness and Accountability
Disclosure and Participation in Decision-Making
The Government will update quarterly, the major stakeholders in each
sector on government finances and intentions. These briefings would
include access to ministry-level financial information.
For Ontario universities, the issues of institutional openness and
accountability, including questions of the appropriate role of
employees in institutional governance structures, have recently been
addressed by the Broadhurst Task Force on University Accountability.
This Task Force, appointed by the Minister and composed of
representatives of a broad range of stakeholders from the sector
(students, staff, faculty and administration as well as government) has
recently submitted its report to the Minister of Education and
Training. The Minister made the report available to the Colleges and
universities sector, and he has since shared it more widely, requesting
further input from employer and employee groups in the course of taking
action on this Task Force's recommendations, consistent with the goals
of openness and accountability.
Review Procurement, Contracting Systems
The University agrees to review its goods and services procurement and
contracting systems and to the extent that there may be sector-wide
issues, to participate in a process, under the auspices of the
University Restructuring Steering committee, which will review those
systems in the university sector. The scope of these systems reviews
will include their effectiveness and the role they play in the local,
regional and provincial economy. During the course of the review of its
goods and services procurement and contracting systems, the University
agrees to seek and consider the views of its employees and other
members of the University community.
Employee Safeguards
The University agrees to maintain and, where necessary, establish a
process to ensure appropriate protection to individual employees who
reveal information on waste and inefficiency in the institution.
B. Elimination of Waste and Inefficiency
It is agreed that savings which are achieved at the University during
the term of the social contract, through the elimination of waste and
inefficiency will be utilized to mitigate human resource impacts,
maintain and improve the quality of services, and for other
institutional priorities.
The University agrees to establish a working group, with representation
from a broad range of employee groups to:
assess the feasibility and practicability of implementing new
proposals to reduce waste and inefficiencies suggested in the
institution;
quantify the cost savings to be realized as a result of the
implementation of the proposal; and
make recommendations on how the savings actually realized should
be used.
It is understood that the working group will have no authority to
assess proposals or make recommendations with respect to academic
requirements, appointments, programs, curriculum and academic structure
of the University. These proposals will be considered through the
established academic decision-making processes of the University.
Any arbitrator appointed pursuant to the Dispute Resolution provisions
of this agreement has no jurisdiction to decide any question or dispute
related to the subject matter to be considered by this working group or
the recommendations made by the working group. The arbitrator's
jurisdiction shall be confined to deciding whether the working group
has been established in compliance with this section.
C. Job Security
One of the main objectives of the Social Contract focuses on ensuring
that job losses are minimized and that every effort is made to promote
a fair and equitable sharing of the burden of restraint among employee
groups.
The proposals listed below are not intended to duplicate or abrogate
existing practices or procedures and are subject to the provisions of
existing collective agreements or other agreements with employee
associations or groups.
Reskilling and Retraining
The University of Waterloo and its employees agree to cooperate with
the Job Security Fund to work towards a comprehensive labour adjustment
and training strategy for generically skilled employees. This will
include provisions for counselling, reskilling and training.
Pursuant to the university sector agreement and the local agreement for
the University of Waterloo, the University of Waterloo and its
employees are eligible for funding under the provisions of the Job
Security Fund in accordance with the Social Contract Act, 1993, the
regulations thereunder, and the rules governing the operation of the
Job Security Fund. The University agrees to make available to employees
information concerning the Fund and its operation.
Offer of Alternate Employment
1. To mitigate the impact of the reduced level of transfer payments
on employees,
the University of Waterloo in consultation with its employees,
subject to existing collective agreements or other established
employment policies and provisions, agrees to develop and
implement a protocol, applying to permanent employees, whereby the
University will give a job offer to its own qualified employees
who are laid off or will be laid off between June 14, 1993 and
April 1, 1996, for a suitable vacancy of a permanent position in
any redeployment and/or hiring, provided that such protocol will
preserve the University's right to hire the most qualified
candidate if there is a number of qualified internal applicants.
Part of that protocol may include an institutional freeze on
external hiring for employees of certain skill sets.
2. The University of Waterloo further agrees to work with the other
universities to
develop and implement a protocol under the auspices of the Job
Security Fund, applying to permanent employees, whereby the
university will give priority consideration in any hiring to
qualified employees laid off between June 14, 1993 and April 1,
1996, from other institutions in the sector for suitable vacancies
of permanent positions, provided that protocol will preserve the
University's right to hire the most qualified applicant if there
is a number of qualified applicants. The University agrees that
if there is a geographically based redeployment list for
generically skilled employees under the auspices of the Job
Security Fund, it will participate.
3. The University of Waterloo reserves the right to conduct open
competition for
tenure, tenure-stream, and other faculty positions, and other
senior academic administrative, professional and management
positions. Such open competitions will be held according to the
policies and procedures determined by the board of governors and
collective agreements.
4. Nothing in these provisions shall frustrate the University's
employment equity or
other employment programs.
VI. IMPLEMENTATION AND TRANSITION ISSUES
1. Enactment The government agrees to change or enact any law or
regulation
that will enable the parties to adhere to the terms
and conditions of the sector-specific and other
specific agreements and to ensure application to
all employers and workers in the Ontario public
sector.
2. Term This agreement and its provisions will be in effect for
three years
commencing June 14, 1993 and expiring April 30, 1996.
The signatories to this agreement may mutually agree to
alter any of its provisions at any time during its
term. The signatories to this agreement may mutually
agree to extend any provisions beyond the term of the
agreement.
3. Transition Local agreements must contain a provision that
during the period
commencing June 14, 1993 and expiring April 30,
1996, the parties agree to discuss transition
issues for the post April 30, 1996 period.
4. Existing Collective Agreements
Subject to the provisions of the Social Contract Act,
1993, it is understood that nothing in this subsectoral
agreement is intended to amend the provisions of
existing collective agreements which may only be amended
by agreement of the parties to the collective agreement
in the context of a local agreement or otherwise.
5. Dispute Resolution
1. Subject to the limitations on the arbitrator's jurisdiction
contained in this
agreement, any signatory to this agreement may refer a
dispute concerning a specific right or obligation expressly
set out in this sectoral framework to arbitration under the
Arbitration Act provided the procedure set out below is
followed. These dispute resolution provisions do not apply to
any dispute concerning the provisions of any local agreement.
Parties to a local agreement may agree to implement dispute
resolution provisions applicable to their local agreements.
2. The complainant party(ies) must set out the issue in dispute
in writing and
deliver it to the respondent party(ies).
3. Thereafter, the appropriate employee representative, the
appropriate employer
representative and the appropriate Government representative
must meet in an earnest effort to resolve the issue.
4. If such meeting fails to produce a resolution to the issue
satisfactory to all
three representatives, then the complainant party(ies) may
request such arbitration by advising the respondent
party(ies) in writing within fifteen (15) calendar days of
the meeting.
5. The arbitrator shall be selected by mutual agreement of all
the parties. Failing
such agreement, the arbitrator shall be appointed by the
Chief Justice of Ontario, or the Chief Justice's designate,
from a list of three suggested names, one submitted by each
of the three parties. the Chief Justice of Ontario shall not
be advised of the identity of the source of each name
submitted.
6. The person appointed shall be a "mediator/arbitrator" and
must first engage
the parties in mediation efforts before making a final
binding decision, if necessary.
7. The arbitrator shall not have the authority to add to, modify
or delete any part
of the sector framework. Nor shall the arbitrator have the
jurisdiction to resolve disputes under the Social Contract
Act and Regulations including any issue in connection with
the application, interpretation or administration of the Job
Security Fund. Any reference in this sectoral agreement to
the Social Contract Act or the Regulations is not intended to
incorporate by reference the Act or Regulations so as to
confer on the Arbitrator any jurisdiction inconsistent with
the provisions of this paragraph.
8. The fees and expenses of the arbitrator shall be divided
equally among the
participating parties.
9. The appropriate employee, employer and Government
representatives shall
each have standing at the mediation/arbitration as a party.
VII. RATIFICATION AND IMPLEMENTATION
1. The execution of this agreement by the duly authorized
representatives of the
University or by the representatives of a bargaining agent or of
an organization which is or may be recognized as a bargaining
agent by the Minister pursuant to the Social Contract Act, 1993,
is subject to ratification by their principals. Further, the
signatories hereto agree to recommend this agreement for
ratification to their respective principals.
2. By executing this subsectoral agreement on behalf of government,
the
representatives of Government also undertake to recommend to the
Minister as follows:
(a) that the Minister divide the university sector into
subsectors, naming the
University of Waterloo as a subsector so that the University
of Waterloo subsector shall be deemed to be a sector for
purposes of the Social Contract Act, 1993;
(b) that the Minister designate this agreement as a sectoral
framework
provided that in the opinion of the Minister there is
sufficient support for the agreement within the meaning of
Section 11(3) of the Social Contract Act,1993;
(c) that for purposes of determining whether the agreement
meets the criterion
of section 11(3)(1) of the Social Contract Act, 1993,
sufficient support for the agreement may be demonstrated
by the University entering into local agreement(s) and
by implementing non-bargaining unit plan(s).
3. The parties hereto agree that this agreement shall be a plan
eligible for
designation by the Minister pursuant to section 11 of the Social
Contract Act, 1993.
4. The Government agrees to suspend the university sectoral table in
order to
facilitate the negotiations of local agreements.
Dated at Waterloo this day of July, 1993.
Dr James DowneyPhyllis Clark President for the Government of Ontario
University of Waterloo
APPENDIX 1 - CONRAD GREBEL COLLEGE
Conrad Grebel College is an autonomous institution as set out by the
Conrad Grebel Act, 1988. The authority of the College's governing body
is contained in that Act. The Board is open and accountable. It has
specific legal obligations set out in the Act. Conrad Grebel is
affiliated with the University of Waterloo.
VII. RATIFICATION AND IMPLEMENTATION
1. The execution of this agreement by the duly authorized
representatives of the
College or by the representatives of a bargaining agent or of an
organization which is or may be recognized as a bargaining agent
by the Minister pursuant to the Social Contract Act, 1993, is
subject to ratification by their principals. Further, the
signatories hereto agree to recommend this agreement for
ratification to their respective principals.
2. The references to the University of Waterloo or the University in
this sectoral
framework agreement shall be read, where appropriate, as Conrad
Grebel College.
3. Conrad Grebel's discounted share of the university sector
financial target is set
at $55,400.
Dated at Toronto this day of July, 1993.
Rod Sawatsky Phyllis Clark Conrad Grebel College for the
Government APPENDIX 2 - RENISON COLLEGE
Renison College is an autonomous institution as set out in the Letters
Patent granted in 1959. Renison College is affiliated with the
University of Waterloo.
VII. RATIFICATION AND IMPLEMENTATION
1. The execution of this agreement by the duly authorized
representatives of the
College or by the representatives of a bargaining agent or of an
organization which is or may be recognized as a bargaining agent
by the Minister pursuant to the Social Contract Act, 1993, is
subject to ratification by their principals. Further, the
signatories hereto agree to recommend this agreement for
ratification to their respective principals.
2. The references to the University of Waterloo or the University in
this sectoral
framework agreement shall be read, where appropriate, as Renison
College.
3. Renison College's discounted share of the university sector
financial target is set
at $77,800.
Dated at Toronto this day of July, 1993.
Gail Cuthbert-BrandtPhyllis Clark Renison Collegefor the Government
APPENDIX 3 - ST. PAUL'S UNITED COLLEGE
St. Paul's United College is an autonomous institution as set out in
Letters Patent granted in 1961. St. Paul's is affiliated with the
University of Waterloo.
VII. RATIFICATION AND IMPLEMENTATION
1. The execution of this agreement by the duly authorized
representatives of the
College or by the representatives of a bargaining agent or of an
organization which is or may be recognized as a bargaining agent
by the Minister pursuant to the Social Contract Act, 1993, is
subject to ratification by their principals. Further, the
signatories hereto agree to recommend this agreement for
ratification to their respective principals.
2. The references to the University of Waterloo or the University in
this sectoral
framework agreement shall be read, where appropriate, as St.
Paul's United College.
3. St. Paul's College's discounted share of the university sector
financial target is set
at $10,600.
Dated at Toronto this day of July, 1993.
Bill Klassen Phyllis Clark St. Paul's United Collegefor the
Government
APPENDIX 4 - UNIVERSITY OF ST. JEROME'S COLLEGE
The University of St. Jerome's College is an autonomous institution as
set out by the University of St. Jerome's College Act, 1986. The
authority of the College's governing bodies is contained in that Act.
The University of St. Jerome's College degree-granting power and its
Senate are suspended while the College is federated with the University
of Waterloo. The College board of governors is open and accountable and
has specific legal obligations set out in the Act.
VII. RATIFICATION AND IMPLEMENTATION
1. The execution of this agreement by the duly authorized
representatives of the
University or by the representatives of a bargaining agent or of
an organization which is or may be recognized as a bargaining
agent by the Minister pursuant to the Social Contract Act, 1993,
is subject to ratification by their principals. Further, the
signatories hereto agree to recommend this agreement for
ratification to their respective principals.
2. The references to the University of Waterloo or the University in
this sectoral
framework agreement shall be read, where appropriate, as the
University of St. Jerome's College.
3. St Jerome's College's discounted share of the university sector
financial target is
set at $154,800.
Dated at Toronto this day of July, 1993.
Doug Letson Phyllis Clark University of St. Jerome's College for
the Government APPENDIX 5 - MISSION STATEMENTS
The University of Waterloo:
The mission of the University of Waterloo is focussed, and it is
different from the missions of the other universities in Ontario.
It is distinctive in terms of both what the University has chosen
to do and what it has chosen not to do. Waterloo's mission is:
1. To engage in undergraduate and graduate teaching and in
research in
traditional and contemporary fields of study, and as part of
these tasks:
To offer professional programs which are soundly based on
fundamental knowledge, which emphasize creativity and
problem-solving, and which lead to an expertise in the
profession combined with a broad and critical appreciation
of its goals and its role in Canadian society.
(The University offers professional studies in Accountancy,
Actuarial Science, Architecture, Engineering, Optometry,
Psychology, and Urban and Regional Planning. It does not
offer professional programs in Business, Education, Law, and
Medicine. The need for those programs is met by other
universities in the Ontario system.)
To offer specialized education in traditional as well as in
emerging disciplines in the Arts and in the Pure and
Applied Sciences, in programs which combine rigorous study
in the discipline with a broad and critical presentation of
the place of the discipline in the field of human knowledge
and of its role in the Canadian context.
To offer programs of general education in the humanistic
and scientific traditions, which foster the development of
critical capacities and lead to a deep understanding of the
natural, cultural, social and technological environment of
Canada and the world.
To provide an intellectual and physical environment which
encourages and enables the faculty and students in all
programs to engage in creative intellectual work in its
various forms, such as basic and applied research, design,
creative writing, artistic creation, etc.
2. To foster the intellectual and social development of its
students, both within
the academic programs and outside of the curriculum, and in
this way help them to become responsible, enlightened, and
cultured individuals.
While most of the foregoing points are appropriate as the
mission statements of many universities, the ones which follow
are less common. Taken together they define a distinctive
mission for the University of Waterloo.
3. To maintain an active institutional role in promoting the
economic
accessibility of all its programs to qualified applicants, as
well as the subsequent employability of graduates from all
these programs, and to these ends to offer the Co-operative
Education format in all the academic programs in which it is
feasible.
4. To provide leadership in the development and application of
modern
computing and communications technologies in all aspects of
university activity, and particularly to promote excellence in
student computing - both in instruction and in scholarship --
by providing all students with the opportunity to develop
appropriate critical competence in computing.
5. To make its programs as widely accessible as possible to
mature students
and to special student populations, and to offer a range of
high-quality distance courses and degree programs for students
with limited access to the Waterloo campus.
6. To offer continuing education in all areas of the University,
ranging from
complete programs for the upgrading of professionals to
individual courses for the continued personal development of
alumni and members of the general public.
7. To promote scholarship directed at current issues from a
strong basis in the
relevant disciplines, creating interdisciplinary Centres and
Institutes for this purpose when necessary.
8. To widen and accelerate the application of results,
discoveries, and
inventions for the benefit of Ontario and Canada by
encouraging entrepreneurship and facilitating the transfer of
new technology and of the results of evaluative scholarship to
industry, to government, and to the public.
9. To enter into partnerships and other co-operative arrangements
with
individuals and firms, and with governmental and
non-governmental organizations, to the benefit of the
University, of its partners, and of the broader community.
10. To recognize the international obligations of a university,
and engage in a
broad range of international activities such as: welcoming
international students to undergraduate and graduate programs,
working to develop sources of financial support for needy
international students, providing an international experience
for Waterloo students in particular programs, developing
co-operative agreements with universities abroad, inviting
foreign scholars, and participating in programs of technical
assistance in the Third World.
11. To reserve resources for innovation, even in times of
financial stringency.
12. And in all elements of its mission, invariably to act in a
manner which
maintains its integrity and enhances its credibility as a
university.
Conrad Grebel College:
The objects of the College are,
(a) to provide post-secondary courses of study in the general arts,
humanities and
sciences; and
(b) to provide at the post-secondary level, degrees, diplomas and
certificate programs
and courses of study based on Christian theology.
Renison College:
In the spirit of the Anglican tradition, Renison College, an affiliate
of the University of Waterloo, is committed to providing a strong
grounding in the Humanities and Social Sciences, thereby instilling in
its students a life-long love of learning, pursuit of truth, and
dedication to community service.
St. Paul's United College:
The objects of the College are,
In faithfulness to God's revelation in Christ as interpreted by the
United Church of Canada in its reformed tradition and respect for
individual beliefs to:
(a) work towards personal fufillment through responsible community
living; and
(b) provide a context for critical examination of issues that affect
human life in
classroom and residence, and in all that we do, to impart with
passion, a life-long love of learning.
University of St. Jerome's College:
The objects of the University are,
(a) to advance learning and disseminate knowledge in a manner
consistent with
Roman Catholic tradition and the honest pursuit of wisdom and
understanding; and
(b) to encourage the intellectual, spiritual, social, moral and
personal development
of the members of the University community and the betterment of
society consistent with the ideals of the contemporary Roman
Catholic Church.