FAQ

2024-12-13

Q: Our Collective Agreement mentions “contact hours” a number of times—especially as they relate to faculty duties—but what does or doesn’t count as a contact hour? What is its definition?

A: “Contact hours” are not defined in the Collective Agreement. This means that much will depend on the past practice at the Institute and in your Department. For example, teaching a course online is regularly credited with contact hours, even though there is no face-to-face contact with students. Interested members may discuss contact hours with their Department as an issue covered under Article 8.8.1, regarding your workload assignment, canvass other Departments, or ask their Tech Reps to do so.

2024-12-06

Q: As an FSA member and BCIT employee, what do I owe to the Institute as my employer when I show up to work?

A: Employees owe a duty of loyalty to their employers, the nature of which is further defined by the employee’s role, responsibilities, and circumstances. The employee's duty is to act primarily for the benefit of their employer in matters related to their employment (care, loyalty, and candor). Generally, this refers to an employee’s duty to attend work on time, perform competently the duties of the job with reasonable skill and judgement, and act in good faith and fidelity.

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Q: I find that deciding things in our Department (like vacation) is difficult, as there is a power imbalance that means that more junior members’ interests are often ignored. How should I navigate this?

A: Article 14 of our Collective Agreement provides a host of powers to Departments (defined as all the FSA members and their relevant manager in one of the units listed as a Department in the Collective Agreement). These matters are to be decided democratically, either through Departmental votes or by parties delegated by the Department to organize its affairs. Democracy is messy and it can be difficult to execute the functions of a Department in a way that works for all its members. We nevertheless encourage consensus where possible.

Reach out to the Tech Rep(s) in your area if you feel that your interests are being ignored—and that Article 14 processes are proceeding unfairly. As a democracy (one person, one vote), all members’ voices are important. You may also reach out to the FSA if you need further advice on how to exercise your Article 14 rights.

2024-11-29

Q: I’m getting a lot of invitations to attend bargaining events. Does this mean that bargaining has begun?

A: Not yet! We’re in the consultation phase. Contract negotiations, when done democratically, are a long process that begins well before the labour-side team ever sits down at the bargaining table. We’re currently in the third stage captured by our bargaining flowchart—consultation, including the bargaining survey. The quality and quantity of feedback we’ve received so far has surpassed previous bargaining sessions. Consultation continues for several more weeks. See below our Collective Agreement Committee outreach dates for more.

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Q: I was excited to read about Donabel Santos winning the FSA’s Distinguished Alumni Award in last week’s Bulletin. Who can apply for that award? Do they have to be an FSA member?

A: Since 2014, the FSA’s Distinguished Alumni Award has been chosen annually—minus the pandemic years. Generally speaking, we’ll start advertising for nominations in January. Here’s the 2024 timeline. Nominations are submitted on the nominee’s behalf by a colleague or colleagues. Nominees must be a current FSA member and former BCIT student.

2024-11-22

Q: The FSA used to have a guide to using student employees, but I can’t find it now. Did you get rid of it?

A: Quite the opposite! The FSA has expanded our collection of guides. We have freshly redesigned guides to Overtime & Compensation, Part-time Studies (Flexible Learning), PD Leave, Management Selection Committees, Department Selection Committees, and yes, Hiring Student Employees. On the same page, you’ll find a memorandum of agreement concerning the use of Professional Development Funds.

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Q: I woke up to frost on my windshield last Friday. With the winter almost here, what are our rights when it comes to inclement weather?

A: This also came up in our January 2024 Question(s) of the Week feature. There we said:

Extreme weather events can affect different categories of members in different ways. If BCIT closes due to an extreme weather event, they are signaling to students that it is not safe to travel to the campus. That too, then, applies to its staff. If you were scheduled to be at work that day (for example you work in ITS and do not work from home), then you should not be required to attend to work. The FSA’s view is that this closure does not affect your right to collect your usual salary.

For those of you that are instructional staff, such as instructors or AIs, the employer may request that you move your teaching online if it was face-to-face. This is normally a request and can be denied by you if it is phrased in that way. However, if you do not teach online on the day BCIT closes, you may need to find ways to make up the missed work in another way later. Discussions with your program head and colleagues may assist in planning for make-up time. If your manager however appears to be ordering you to teach online, when you normally would be teaching face-to-face, you should obtain clarity. Write back and ask: “is this an order? My union has instructed me to ask whether I face discipline if I refuse.” If the answer is yes, then you must work (if possible and you have the necessary equipment and internet connection, etc.) online. The principle in labour relations is “work now and grieve later.” This means a management order must usually be obeyed and grieved later if disagreed with. Exceptions exist for such things as orders that could damage your health.

There may not be a general rule that applies to everyone. You may have the office space and internet set up, and it may be reasonable to work from home. But some may have unplanned issues with childcare, eldercare, or health concerns, for example, on a given day. Each of you may be in an individual situation that may require assessment by the FSA. As in the situation above, if you are clearly ordered to do so, you should work from home if possible but contact the FSA for further guidance. We may grieve on your behalf.

2024-11-15

Q: The November 8, 2024 Bulletin mentioned sick leave for full-time FSA members but omitted our members in PTS (Flexible Learning). What are our rights and benefits?

A: FSA members working exclusively in PTS (Flexible Learning) are generally entitled to five sick days per year, as per provincial legislation. Since 2020, FSA members in PTS are also able to apply to the $25,000 PTS Sick Leave Fund, with funds distributed on a first come, first served basis. If some members have already drawn at least five (5) days on the PTS Sick Leave Fund and it becomes exhausted, the FSA believes other members are still able to access sick days to a maximum of five (5).

Any days drawn from the PTS Sick Leave Fund count toward the provincial minimum. For example, if a member in PTS has taken two (2) days paid sick leave from the Fund, they still have three (3) available if the Fund is empty. To access the Fund, PTS Instructors/Lecturers should report their sick time to their Department and a PTS Sick Leave form will be completed and sent to Disability Management in BCIT Human Resources.

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Q: I’m a Tech Rep wondering if the FSA has a mechanism for me to receive feedback about how I’m doing in the role.

A: Tech Reps are appointed by the program area that they represent, usually a Department, typically on an annual basis. Their work is guided by FSA Policy 2.3.1, which does not mention a feedback mechanism, nor am I aware of areas that offer one. With that said, if Tech Reps are looking to receive feedback, they may consider broaching the topic with their members during a members-only meeting.

2024-11-08

Q: Our department just realized that we could elect a second tech rep after operating with only one for a couple of years now. Is there anything else we may have missed about the Tech Rep program?

A: Tech Reps are appointed by the program area, usually a Department, usually on an annual basis. The norm is to have two Tech Reps per area, however some smaller areas have only one. Reach out to us if you’d like more information. Article 2.1.7.1 of the Collective Agreement (p. 8) says that “the Employer recognizes the Union's right to appoint Tech Reps, taking into account both operational and geographical considerations.” The means by which Tech Reps are appointed are up to the individual area. So, not only are the reps chosen by each area, the process by which they’re chosen is also up to the local group. Broadly speaking, the work of Tech Reps is guided by FSA Policy 2.3.1. Tech Reps act as conduits between Board/staff and the members in their areas. They liaise between these groups in a number of different ways, including watching for problems, passing along crucial union information, and triaging member concerns. Tech Reps are, moreover, being seen by the membership-at-large as being the pivot upon which the union presence in individual Departments turns, with more and more members recognizing Tech Reps as their first point of contact.

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Q: I’m a full-time faculty member, what happens with my unused sick days? I see that they build up on my attendance record but is there any benefit to us when they’re unused? Also, what are we allowed to use a sick day for?

A: Sick leave provisions come under Article 9.3 of the Collective Agreement and, for full-time employees, are bankable to 250 in total, according to 9.3.1. At retirement, employees get a 40% payout on this (Article 9.12, p. 54). Sick days may also be used as maternity leave, according to Article 9.6.1.6 (p. 49), and family illness up to 15 days per annum, according to Article 9.3.6 (p. 46).

Sick days are to be used in cases of illness or injury rendering an employee unable to work. There are several subclauses to 9.3 that expand the application and use of sick leave, which I encourage members to peruse for more information. Contact us if you have questions about your sick leave options.

2024-11-01

Q: What processes are in place to choose FSA members to sit on Selection Committees for other FSA members?

A: It is up to the FSA members in a given Department how to choose their Selection Committee representatives, with many following internal terms of reference (ToR), also approved by the same Department members. Please reach out to Member Engagement Officer Matt Greaves if you’re interested in establishing a ToR for Selection Committees in your Department. Member Selection Committee practices are outlined in Article 5.2.3 of the Collective Agreement (pp. 22-23).

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Q: I saw a question in the October 18, 2024 Bulletin about the Wednesday union business period (2:30-5:30pm) and I thought the FSA should know that our AD has been scheduling Department meetings at that time.

A: Article 2.1.8 (p. 9) does indeed set this time aside for union business. Please notify your manager of Article 2.1.8 if they are scheduling events at this time and get in touch if the practice persists.

2024-10-25

Q: Can members working in PTS (now Flexible Learning) be Tech Reps?

A: Yes, they absolutely can. Tech Reps rules are covered under FSA Policy 2.3.1. In fact, 2.3.1.3.1 even allows for ancillary or associate members—like members in PTS—acting as Tech Reps to receive funds to defray costs associated with attending meetings, following approval by the FSA President.

2024-10-11

Q: A significant cold is going through my family. Am I required to provide a medical note if I can’t work?

A: Employees shall notify their manager if they’re unable to attend work because of injury or illness, according to Article 9.3.2 of the Collective Agreement. Article 9.3.5 of the Collective Agreement states that “[a]fter an Employee has been absent on sick leave for either 10 successive working days, or for 18 working days in a calendar year, then the Employer may require the Employee to provide a statement from the Employee’s personal physician specifying the nature and prognosis of the illness.” The language therefore allows the employer to ask for a statement after 18 sick days in a calendar year or 10 consecutive sick days. With that said, nothing in the contract language compels them to ask for a statement at all.

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Q: I’ve been invited to a meeting with my manager which seems like it may involve a reprimand. What do I do?

A: We’ve recently republished an essay by Labour Relations Representative Michael Thompson that provides greater detail on this issue. Michael notes “[w]here there is a possibility of discipline, most employers will ensure that the employee has union representation to guard against the discipline imposed (if any) being set aside at a later date by an arbitrator.” If, after reading Michael’s essay, the best course of action remains unclear, please contact us.

2024-10-04

Q: I’m interested in a management selection committee going on in my Department that already has an FSA appointee. Can the FSA appoint me as a non-voting observer?

A: Article 3.f. of the Quad Agreement MemAg (p.142) allows the selection committee (but not the Union) to appoint a non-voting member where additional expertise is needed. It’s up to them to appoint on that basis. On selection committees for FSA members, however, Article 5.2.3.2.1 says that “the Union may sit as an observer on the Selection Committee as full participant except with no vote” (p. 22).

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Q: Is it possible to regularize as an FSA member at BCIT without an ongoing position? I believe this happened in my Department and I find it very confusing.

A: After an employee regularizes, the employer is obligated to find them a position, even if it is a limited-term contract (in which case the employer would need to find the member additional work thereafter). Regularization is dictated by Article 4.6 (p. 20) of the Collective Agreement and its subclauses. The Article states that “[a]fter two (2) years of employment as a Temporary Employee, an Employee will become a Regular Employee,” then lists four conditions. The last of which, 4.6.1.4, says that regularization will occur “[p]rovided the position or a similar one is to be filled, or the same primary functions or similar functions are to be carried out.” While the employer is obligated to fulfill the duties of regularization, this may not be as simple as a newly regularized worker stepping into the same position they held while on contract.

2024-09-27

Q: Do FSA members working in Flexible Learning (Part-time Studies) have seniority?

A: Seniority is a complicated matter in our Collective Agreement (CA); and it unfolds differently for our members than it often does for other unionized workers. Senior Labour Relations Representative George Talbott has a piece on seniority and the CA that I highly recommend. For members in PTS, the lynchpin right is rehiring. Indeed, the CA language doesn’t consider seniority as such but, instead, the right to be rehired. Article 5.2.5.2.7 says, simply, that unless the employer provides stated reasons to the contrary, PTS instructors can expect to be hired again. Unlike seniority, a senior instructor in PTS does not have a claim over other courses taught by more junior instructor. Nor can an instructor in PTS assert a seniority claim over a new course that no one has taught before.

Q: I have an upcoming surgery scheduled, which I anticipate will involve significant recovery time. Who do I reach out to in order to help navigate this whole ship?

A: Your manager should be in touch with the Rehabilitation Committee (Article 9.3.11). The Rehab Committee is a joint committee made up of two employer and two FSA appointees. It reviews short and long-term disability reports, making recommendations to the employer regarding accommodations and working with employees on graduated return-to-work plans.

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2024-09-20

Q: It’s only our second week back in the semester and already some long-simmering conflicts in our Department have boiled over. What can the FSA advise to help solve in-Department conflict?

A: Conflict being inevitable, the goal for working people in a trade union is to have solidarity in conflict. That is, working with one another toward a common goal. At the FSA, this is especially true when enacting Article 14 Department Rights practices. Indeed—and speaking very generally—the role of unions is to help mediate the labour relation between the employer and unionized employees in their bargaining unit, not to intervene on behalf of one member against another. If the conflict becomes disrespectful or worse, however, the FSA generally advises members to seek guidance from the RDI office.

Q: I applied to fill an FSA seat on a management selection committee in my Department but someone else was chosen—someone who I feel is less qualified. Why was this?

A: According to our Quad Agreement with Institute management: BCGEU Support Staff, BCGEU Faculty, and the FSA, on one hand, and the employer on the other, shall each hold an equal number of seats on selection committees for most BCIT managers. Internally, within the FSA, applications to occupy management selection committee seats are adjudicated by the President based on a variety of criteria, ultimately commensurate with what is best for the FSA.

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2024-09-13

Q: My Department is looking to improve how we determine each individual’s vacation. Does the FSA have any tips on good practices?

A: This is an area where Departments at the Institute tend to struggle. The Collective Agreement requires that the Department (which is defined as all the FSA employees and their related manager [like an AD] in one of the units specified by Appendix 3 in the Collective Agreement, with each individual holding one vote) plan a vacation calendar. A good practice is to have the Department list the times that its members may use their vacation days—we can call these vacation slots to distinguish them from actual vacation days that are selected and booked. After establishing vacation slots, members may then select what days they wish to take vacation, which is done in consultation with the Department as a whole. Ideally, members would select the days with as much advance notice as possible, but it’s possible that some people may book at the last minute. As a Department, you should work this out with each other as a collective unit.

The reality, however, is that most Departments don’t work like this. Many either plug all their vacations into July and August (which is fine as a plan) or leave it to the AD to approve vacations. The Collective Agreement does not actually permit the AD to do this; it’s a Department right to plan the slots and an individual right to select one’s vacation. But if the Department leaves it to the AD, then they’ve made a defacto delegation to the AD and should think about taking that power back by motion. Or leave it with the AD if it’s easier. In that latter case, though, you’re basically asking the AD to permit you to take vacation, which is actually your right.

Q: This is my first semester at BCIT. What information can the union give me?

A: A great place to start is the New Member Handbook. The FSA also has a number of committees and caucuses, internal and external, that you can join—see the Get Involved dropdown menu on our website for more. Finally, you can attend our Annual General Meeting on October 23, 2024. If you haven’t already received an invitation, please reach out to us.

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2024-09-06

Q: I’m generally happy with our vacation provisions, but I’m wondering whether Regular Faculty members can get more vacation days.

A: Yes, eventually. Our Collective Agreement deals with vacation in Article 9.2. Regular full-time Faculty members, Tech Staff, and Assistant Instructors are entitled to an additional four (4) days of vacation per year upon reaching 20 years of service.

Q: I heard you guys finally received hard copies of the latest contracts. That’s great! How do I get mine?

A: Yes, we’re very excited. We’re not reserving copies of the new Collective Agreement, however; stop by the FSA offices in SE16-116 during business hours to get yours. If you have new members in your Department, please also pick up copies of the New Member Handbook.

Q: I feel like I haven’t heard much at all about any FSA progress on women and gender issues lately. Are we doing anything to improve the working lives of our female-identifying and gender non-conforming members?

A: The FSA is proud to have significantly improved our parental leave language in the last Collective Agreement. Our union also has an Equity Caucus, which all members are invited to join; we appoint members to sit on the BC Federation of Labour’s Women & Gender Rights Standing Committee; and we frequently publish member pieces that address issues of gender inequality and oppression (for example: one, two, three).

Yet we recognize that there’s more the FSA could do, and this begins with member outreach. A union is only as strong as members make it, and we’d like your help making the FSA a more equitable union. Visit the dropdown “Get Involved” menu on our website for participation opportunities. Get in touch with your Member Engagement Officer if you’d like to publish a Member Voices blog post. We are also receiving feedback ahead of the next round of bargaining—please feel free to let us know what you’d like to see in the next contract to address gender asymmetries in the current one.

Q: For the last few years, the FSA has celebrated Bike to Work Week in the Friday email Bulletin but not this May. What gives?

A: Throughout the academic year, FSA staff and Board have undertaken a process to reevaluate how occasions are commemorated by our Union. This has involved rethinking both how commemorations will occur and what will be commemorated. We’ll have more on this in the fall semester.

2024-06-13

Q: I believe that, in a recent Departmental meeting, our Department violated our own internal terms of reference. I’d like the FSA to intervene and overturn the results of a vote in that meeting.

A: The FSA has no authority to do this. Article 14 of the Collective Agreement (p. 85) provides significant powers to our members in and as a Department (plus their related manager) to conduct the day-to-day operations of the Department. This includes creating applicable terms of reference that follow the Collective Agreement, when doing so through normal procedural rules.

The responsibility for Departmental planning and related decision-making rests with the Department as a democratic body, and, to facilitate as much, the FSA has placed increasing emphasis on enacting Departmental Rights over the past few years. Our Information Officer has written a helpful article on best practices for conducting meetings. We also held parliamentary procedure training last November. If disagreements become more procedural than what’s outlined in the article, however, the Union recommends studying Robert’s Rules of Order. With that said, the FSA recommends that Departments work to achieve consensus on important decisions.

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Q: I saw in last week’s Bulletin a call out for members to sit on BC Federation of Labour committees. What are those committees and what do they do?

A: The FSA has many different ways for members to become active in the Union, curated under the “Get Involved” dropdown menu on our website. This includes representing the FSA on standing committees of the BC Federation of Labour, or BCFED. The BCFED accepts appointee positions for these standing committees. Click through for descriptions. Broadly speaking, the standing committees, through their research and recommendations, help to direct the outlook and work of the provincial labour movement, with appointees reporting back to their home unions.

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Q: Not really a question, but, in the last Bulletin you mentioned some of the ways in which the FSA has worked toward making gains on gender issues. The FSA has advocated for years for gender-neutral washrooms at BCIT, pushing the employer to make changes. This could have been mentioned.

A: Thank you! Yes, this is absolutely the case, and we appreciate the reminder. As always, please feel free to reach out to the Member Engagement Officer, contact details below, if you spot an error or would like to add to something we’ve published.

2024-05-03

Q: Now that the new Collective Agreement is available online, when will the pay scales be posted?

A: Pay scales aren’t posted online independently of the contract with the employer. Our most recent Collective Agreement runs from July 1, 2022 to June 30, 2025, with the wage scale dictated by provincial pattern bargaining. In March of this year the final general wage increase was established at three percent, which is reflected in the final wages in Article 15 of our agreement. Which is to say that the Collective Agreement is up-to-date.

2024-05-10

Q: I have been having intense and unpleasant interactions with my AD lately, including what seems to me, at least, to be the dictionary definition of bullying including raised voices and veiled threats. Is there any help the FSA can provide?

A: If your manager begins to behave like this in a meeting the first step is to tell them to please not yell at you. Inform them also that if they continue to do so you may file a Respect Diversity Inclusion complaint about their behavior. For more on when and when not to have union representation at a meeting with your manager, see Labour Relations Representative Michael Thompson’s recent Voice essay (pp. 8-9).

2024-05-17

Q: With the recent notice of staff reduction, how does a Department determine whether a vacancy is temporary or regular? In other words, whether a position has a fixed end date or not.

A: Under Article 4.2.2, a temporary position can only be posted in four specific circumstances. It’s worth posting the language here in its entirety. A Temporary Employee shall be used only:

• 4.2.2.1 to fill a vacancy created by a Regular Employee who is away from that Regular Employee’s position or from the Institute, for a stated period of time;
• 4.2.2.2 to fill a temporary vacancy up to one year where instructional staff are unable to configure to meet training delivery requirements or to accommodate unanticipated circumstances which result in the temporary need for increased staff;
• 4.2.2.3 to fill a temporary vacancy caused by a temporary increase in workload or a temporary shortage of expertise in the specific area for up to one year; or
• 4.2.2.4 to fill a temporary vacancy that is grant-funded with a duration of no longer than three (3) years. In this regard, a “grant-funded appointment” is an appointment for a specific term, for the sole purpose of performing work on a time-limited research, curriculum development, or academic program development project that is funded by a grant from an external agency or entity.

In an era of layoffs, the likelihood of 4.2.2.2 and 4.2.2.3 is probably low.

2024-05-24

Q: I remember, about a year ago, seeing an FSA call out for Departments to receive collegial governance training. Is that still something you offer?

A: Yes, it absolutely is. Collegial governance rights are broadly established in Article 14 of our Collective Agreement with the employer. They provide the collective of members (and one manager) that comprise a BCIT Department with a host of powers over their working day. Over a dozen Departments have been trained on how to enact their Article 14 collegial governance rights so far, and some combination of Vice President Shannon Kelly, Executive Director Doug Thorpe-Dorward, and Member Engagement Officer Matt Greaves can provide your Department with Article 14 training next.

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Q: Ahead of my regularization date, the Tech Rep in my Department explained what a “regularization snapshot” is. I think I understand, for the most part, but how do I get a hold of this snapshot?

A: Article 4.6 of the Collective Agreement deals with FSA member regularization. Temporary FSA-unionized employees who’ve worked at BCIT for two years with no more than five months continuous break will regularize, unless their current temporary contract is for backfill or a grant-funded position, which delays regularization. See 4.6.1.2 – 4.6.1.3 for more detail. Members regularize at the FTE on the day of their regularization snapshot, be it 0.5 FTE, 0.66 FTE, 1 FTE, etc. Regularizing FSA members can request their snapshot date by emailing the Institute’s Human Resources Coordinators.

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Q: How do we know if the Institute has eliminated a position after a retirement? Are we to trust management to tell us the truth?

A: Under Article 2.3.3.1 of the Collective Agreement, managers shall involve the Department (i.e. FSA members) in budget and personnel matters, inter alia, so you have the right to know and to be involved. If you receive pushback and/or answers that you feel are violating your Collective Agreement rights, please get in touch.

If the position is in fact being eliminated due to the retirement of an employee, after the effective date of retirement and the decision has been made to eliminate the position, the reasons for this “shall be forwarded in writing to the Union within one (1) calendar month of the vacancy occurring” as per Article 5.2.1.2. Members can also follow up with the FSA if they have questions about eliminated positions.

2024-05-31

Q: I was told that our Department’s Program Head couldn’t regularize in that position. Is this true?

A: Under the terms of our Collective Agreement Regularization occurs after two years of employment as a Temporary Employee (see Article 4.6). If an employee was hired as a Temporary Employee and then appointed to a Program Head position (which is a temporary Administrative position), the employee’s underlying position could be regularized after two years, even if they were at the time occupying a temporary administrative position. The Program Head appointment would remain a temporary appointment with terms and conditions as defined by the department under Article 5.2.4.2. but certainly the employee could be regularized while occupying  the Program Head position.

2024-04-05

Q: What are our rights when it comes to participating in lawful political activity off campus and outside of work hours? Do managers have the right to discipline members for publicly supporting policies or causes?

A: Good questions. Timely. The answer to the first is that the Charter of Rights and Freedoms provides for peaceful assembly and free expression on one’s own time with limited restrictions.

On the second question, managers absolutely should not discipline a member for engaging in protected activity. With that said, it appears as a though an instructor at another Lower Mainland post-secondary institution may have been fired for their political activity even after their speech was found to be protected. If this is indeed the case, it points to the fact that workers—even unionized post-secondary workers—may be vulnerable to abuses of power by those who hold it. If you feel you have been subject to negative consequences at work for any off-duty conduct, please contact the FSA.

2024-04-12

Q: What vaccinations are covered by our Manulife benefits? I believe that we got the shingles vaccine included in the last contract, did we not?

A: Good memory! Yes, the rather costly shingles vaccine was indeed included in our benefits beginning with the latest contract. This is stated explicitly in your benefits booklets (p. 30 regular members; p. 4 temporary), which has a section on this. Vaccines other than the shingles vaccine, such as the RSV vaccine, are not covered, however. As the FSA begins preparing to negotiate with the employer for the 2025 round, we’re welcoming suggestions from members regarding what they’d like to see in the Collective Agreement.

2024-04-19

Q: I have a question about taxes. I’m a member currently working in Flexible Learning at BCIT. Can I claim work from home benefits?

A: So, a disclaimer to begin: We cannot give tax advice. Everyone’s tax situation is different, and you should consult your own tax advisor for specific advice. With that said, Labour Relations Assistant Baba Oguntoye has written a short explainer for our members in PTS (Flexible Learning) on this very question. It is applicable only to our members working in PTS, without a regular or temporary contract.

2024-04-26

Q: I ask this as my Department’s current 10.3 Pooled Fund Coordinator: With the new Collective Agreement settled, are previous Memags still enforced? Recently, several members reported having these claims rejected/questioned by either our AD Manager or Finance.

A: I really like this question, thanks. Memags, or Memorandums of Agreement, date back in FSA lore all the way to November 1974, and we’ve added another 700 or so over the last 50 years. Memags are negotiated by the FSA and BCIT between bargaining cycles and serve different functions. Some Memags fill in perceived gaps in the FSA-BCIT Collective Agreement. Others vary provisions of the FSA-BCIT Collective Agreement in specific circumstances, such that those provisions operate differently than stated. Still other Memags establish an agreed upon interpretation and practice for provisions that have proved confusing or contentious.

Memags like 2022FSA01 that you mention—regarding 10.3 pooled funds—remain in force regardless of the Collective Agreement iteration we work under. If managers are violating that language, please get in touch right away or alert the manager that they should act in compliance with relevant Memag.

2024-03-01

Q: Has BCIT produced new pay scales for 2024? I was looking on the FSA Collective Agreement page and BCIT’s site but couldn’t find anything.

A: I did some poking around the BCIT website but was unable to find a pay-scale chart for 2024. That said, an explanation may get us most of the way there. Annual raises begin on July 1, the beginning of the contract year of our Collective Agreement with the employer. Two-thirds of the annual increases for the 2022-25 contract are already reflected in your wage. The final increase, beginning July 1, 2024, will be two percent plus a potential cost of living increase to three percent, depending on inflation—in line with the provincial Shared Recovery Mandate.

Q: I’m a full-time faculty member and I’m finding myself, more and more, putting in non-contact hours in excess of what I’m paid for. What should I do about this?

A: This is somewhat complicated terrain to navigate. Luckily the FSA have an FAQ page dedicated entirely to overtime and compensation. There isn’t really a short answer to your question, other than that we ask that members not volunteer to work excessive hours on a voluntary basis without compensation. Follow the link and please bear in mind distinctions between Regular Teaching Faculty and Specialized Faculty, Assistant Instructors, and Technical Staff as well as those between contact and non-contact hours (for teaching Faculty).

2024-03-08

Q: What are Article 19 (pp. 109-10) discipline meetings used for? I looked it up in our contract and they seem intimidating, but I don’t really know why these meetings happen.

A: Article 19 Disciplinary Meetings are meant for potentially serious breaches of protocol. They are absolutely not meant to resolve trivial workplace issues or banal personality clashes with a manager. Speaking precisely, there isn’t really a universal list that BCIT managers use to determine what rises to the level of an Article 19 and what doesn’t. In any event, the FSA will be there to support members called in to Article 19 Meetings.

In October 2022, our Labour Relations Representative Michael Thompson gave a presentation to Tech Reps on the Article 19 Disciplinary Meetings, which may be useful here. See also our January Member Questions of Week for more on Article 19 investigations.

Q: Members of my Department think that our manager may have violated the Collective Agreement by failing to meet with us before promoting an AI to backfill a teaching Faculty instructor who’s away. What can we do about this?

A: This is a bit of a Collective Agreement deep track, so we applaud your knowledge of our contract! Article 11.5.2.1 states that “[a]n Assistant Instructor may be assigned or appointed on a temporary basis to replace or substitute for a teaching Faculty Employee who is absent. Such assignment or appointment shall be recommended by the Manager after consulting with the Employees in the Department. It may also be recommended through the normal selection process as defined in Article 5.2. The decision or method of appointment shall be Departmental.” In other words, managers have a duty to consult with Department members before making a decision. This consultation must be open and allow for the possibility that a manager’s mind may be changed through the exchange of ideas. If this is an ongoing problem with the manager—that is, management ignoring Article 14 rights—we’ve recently published a case study on members taking back those rights. See also our guide to holding successful Department meetings. You can also contact us for help.

2024-03-15

Q: How many days of sick leave can we take before requiring a doctor’s note? I found 10 successive days in the contract. Does this mean that employees can take 2 weeks of sick leave including weekends?

A: Sick leave is covered under Article 9.3.2 of the Collective Agreement. You are entitled to sick leave when you are unable to come to work because of illness or injury. The agreement requires that you advise your manager (or equivalent) on the day of illness if you are unable to attend work.

While the language of the contract is not mandatory, the employer may require you to provide a statement from your personal physician after you have been on sick leave for either 10 successive working days or 18 working days in a calendar year. The statement from your physician would need to specify the general nature and prognosis (how the illness or injury might impact your work) but should not include a specific diagnosis of your condition.

2024-03-22

Q: I’m an assistant instructor. I’m wondering if there’s anything written in the Collective Agreement about Spring Break. Do I get to work from home because students aren’t on campus, or do I have to come in for the week?

A: See Article 8.7 of the Collective Agreement for more on Spring Break. For instructional faculty, duties are allocated by the Department (meaning all the FSA members in your Department plus your immediate manager). Follow the link for more. The short answer is that if you are not assigned duties to be on campus during Spring Break then you are not expected to be on campus performing those duties.

To learn how to effectively run Department meetings where votes take place, please see this overview. The FSA also provides collegial governance training, which can help members effectively utilize their contract language to run their Department. Contact your Member Engagement Officer Matt Greaves if your Department is interested.

2024-03-28

Q: I’m new to the FSA. What’s the most important thing to know about working at BCIT?

A: Welcome to our Union! The FSA is a certified trade union and member-driven association that represents full-time and part-time technological faculty and staff at BCIT. New members can see our New Member Handbook for important information to guide their transition to working at the Institute. This includes very important information on challenging your initial placement.

2024-02-02

Q: I’m reading through the Collective Agreement and have questions about 10.5 PD funds that I can’t find answers to. I’ve been told there are “Super PD” funds under 10.5, but the agreement seems to just refer to PD Leave. So, I am not sure if there are funds to begin with! Are there funds available for PD expenses, or is this just for PD related leaves? Specifically, I am looking to apply to have expenses that are part of a Masters degree covered. To confirm, I cannot access 10.5 until I have been at BCIT for one year, correct? I see there are three application windows. If there are funds available, when would the next application window open up? What is the application process to access the funds?

A: Thanks for the questions! You’ve asked a number of them and we’ll do our best to answer as many as we can. Pour yourself a coffee because this will take a minute.

For article 10.3 PD Funds, most departments have a committee and maintain a spreadsheet that tracks the “pooled” $1418 each member receives on April 1 of each year. I use quotes because it’s generally treated as an individual allocation. BCIT and the FSA have developed guidelines for the use of these funds, and you do indeed need to be a regular or temp employee (with contract term of 9 months or more) on April 1.

Article 10.5 PD Leave Committees (this is where you’d go to get your Master’s fees covered, though you could also utilize 10.3 funds) “Super PD,” are birthed from Article 10.5.2.2. It’s a catch all for those of us that don’t fall within a school (schools have their own committees). The committee provides funds to support PD activities, including the funds for a backfill (if required). Applicants need one (1) year of full-time service and applications are received in February and September, generally speaking. There’s a Sharespace site with more details we encourage you to visit. If you have questions that are not answered there, Denisse Navarro is the administrator in HR.

For article 10.6 Short-term PD leave, Tech Staff, Assistant Instructors, and Specialized Faculty have access to 30 days of paid leave. Article 10.7: PD Leave without Pay is generally intended for longer-term leaves. Article 10.11, PD Leave for PTS is a recently negotiated benefit that’s similar to 10.5 but for the exclusive use of members teaching in PTS.

Q: I’m an FSA faculty member. I have just received a Decision Review Board (DRB) hearing notice, related to an academic integrity violation. The student involved appears to have employed the services of a legal expert to write a formal and lengthy appeal. I would like to know what support the FSA has can provide and the possible implications are of losing or conceding the case.

A: We’re sorry to hear this! It’s common for faculty members to feel intimidated by the formality of the DRB process and its quasi-judicial trappings. This is, however, in no way a disciplinary hearing or an investigation of your competency. HR is not involved, and you are not being judged on the outcome.

The panel is comprised of two faculty members, a student member, and the Chair (who may also be a faculty member). The person who made the decision to which the DRB is being appealed will most likely be considered a “decision-maker” in this DRB hearing. The DRB process is guided by 5104 PR-2, which states that students can only appeal a decision on one of the following grounds:

• The decision-making process violated institute policy or the decision-maker was biased.
• There is evidence that was unavailable at the time the decision was made that would have likely resulted in a different decision.
• The outcome imposed by the decisionmaker was unreasonable.

So, weirdly enough, they’re not actually appealing the decision itself (e.g., whether or not a violation of academic integrity occurred) so much as they’re appealing the process or the consequence imposed or providing new evidence.

As far as advice goes, read the Student Code of Academic Integrity Policy 5104 and associated procedures carefully, be factual in any written or oral submissions, take good notes in the hearing itself, and ask the panel about anything in the process that isn’t clear (and likewise, get them to rephrase any questions that also aren’t clear). There are clear timelines for each step of the process and what is provided to the decision-maker in the policy.

Sometimes the Student Association advocates reach out to faculty very early in the process before the student has even applied for an appeal. This can be positive— the SA advocates are often good at resolving conflict at a lower level than a DRB hearing. This can be daunting to faculty who don’t understand the process—that it’s non-disciplinary for our members.

2024-02-09

Q: Did our pensionable earnings get corrected after we received retro in the fall—for work completed after our last contract expired and our new one was ratified? That is, did our pension contributions get reassigned back to where they would have been—in the interim period between last contract ending and our new one beginning—if there was no gap in contracts and retro pay didn’t occur?

A: Yes, pensionable earnings/service that was paid retroactively would be provided to the Pension Corporation as an update, providing them with when the service/earnings should have been allocated. So yes, it would be reassigned to the correct timeframe

2024-02-16

Q: I’m thinking about reducing my FTE’s. Aside from working fewer hours, how will this change my working and benefits?

A: Generally, we advise our members that a permanent reduction in their hours is not advantageous to them. It’s preferable in most cases to continue requesting leaves of absence.

A reduction in your in your full-time status will negatively affect the following (not exclusive): your vacation accumulation, sick leave accumulation, pension, progression on the salary scale’s increments, and article 10.3 professional development funds.

Keep in mind that once the reduction is complete, you won’t be able later to change your mind, or be able to demand a reinstatement to full time. If in future you are looking for a return to 100% fulltime (1.0 FTE) status, there’s no obligation for BCIT to give that to you. They may refuse.

As well, the permanent reduction in hours is not a right, but requires consent of both the union and the employer. We usually don’t have too much trouble with the Institute in these cases, but it’s always a theoretical possibility they will say no.

2024-02-23

Q: I heard from my manager that I may lose some of my vacation days if I don’t take them soon. Is this true?

A: This is fairly common question, which we answer in our FAQs. All employees have the right to carry over up to ten (10) working days of vacation leave for their use in a subsequent year, pursuant to Article 9.2.7.1. However, under Article 9.2.7.4, an employee also has the right to apply for permission to reschedule or to carry over additional vacation leave, as long as the total vacation entitlement in any one (1) year does not exceed 58 days. See Article 9.2.7.2 for the exception to this rule.

In addition to the carry over limits described above, if an employee finds they are unable to take all of their scheduled vacation in a calendar year, and they are authorized to forego the scheduled vacation leave, they may apply for permission to carry over the additional vacation leave (Article 9.2.7.6). These excess vacation days will be paid out via a lump sum by the second pay period in February of the subsequent calendar year.

2024-01-12

Q: I’ve been a faculty member with BCIT and an FSA union member for just over 20 years, however I haven’t seen this milestone reflected in additional vacation days. Who do I talk to about that?
A: This is an important aspect of the Collective Agreement that we don’t necessarily get asked about each day. Articles 9.2.1.1-3 provide faculty, assistant instructors, and technical staff four extra days of vacation annually, upon reaching 20 years of service with the Institute. If you believe you’re not receiving your properly allotted amount of vacation days, please contact an HR representative. If that fails to fix matters, please contact us.

2024-01-19

Q: I received an email from BCIT HR, and I’m wondering if you can help me navigate this situation. I don’t have any context for what HR is asking, other than that it is supposedly about a colleague who may have behaved inappropriately. I am hesitant to meet with HR without a union representative, to be honest.
A: Generally speaking, it is not the FSA’s practice to have representatives attend HR meetings with witnesses related to an article 19 investigation—as long as you yourself are not the subject of discipline or investigation. See pages 8-9 of the Fall 2023 Voice for more. We can, nevertheless, provide
some advice. We encourage you to go to the meeting with the following in mind:

• In advance of the meeting date, ask the HR manager to send the questions they will ask you (keeping in mind you must abide by confidentiality protocols with anything related to the investigation).
• If they reply that they won’t send you the questions, ask them to send you at least enough information for you to understand the reason or incident for which you are being called as a witness, so that you can meaningfully respond.
• During the meeting take good notes and don’t hesitate to ask for a pause in talking so that you can make those notes.
• Answer questions honestly but don’t speculate. Respond if you have relevant knowledge or information, but if you don’t know the answer it’s ok to say you don’t know.
• If during the conversation the manager accuses you of wrongdoing or the conversation turns toward you being investigated or disciplined based on your answers to the questions, then tell them you need to stop the meeting and reschedule for a time when you can have your union representative present. Then contact the FSA right away. A rep will reply to you as soon as they are able.

Q: We’ve hired four new members in our Department during the past month. Do I need to send the FSA their names so that they can enroll in the union?
A: No, actually. The FSA is the exclusive bargaining agent for BCIT employees with jobs that come under our umbrella (rather than, say, BCGEU Faculty or Support Staff employed by BCIT). Members are automatically enrolled when joining BCIT in an FSA position. In Canada, generally speaking, dues are automatically paid by all unionized workers and those workers are automatically enrolled in their union. This is known as the Rand Formula, following a 1946 Supreme Court Decision. Union members do very well for those dues. In this country, the median hourly wage rate is about $7 per hour higher for union workers than non-unionized workers. Even the anti-union Fraser Institute recognizes the union advantage. Public-sector workers with a union density of about 74 percent retire 2.4 years earlier and make almost 10 percent more than their private sector counterparts, with about 14 percent union density.

2024-01-26

Q: Last week was a bit of a mess with the snow. What are our FSA members’ rights when it comes to inclement weather and working remotely?
A: Extreme weather events can affect different categories of members in various ways. If BCIT closes due to an extreme weather event, they are signaling to students that it is not safe to travel to the campus. That too, then, applies to its staff. If you were scheduled to be at work that day (for example you are in ITS and do not work from home), then you should not be required to attend to work. The FSA’s view is that this closure does not affect your right to collect your usual salary.

For those of you that are instructional staff, such as instructors or AIs, the employer may request that you move your teaching online if it was face to face. This is normally a request, and can be denied by you if phrased in that way. However, if you do not teach online on the day BCIT closes, you may need to find ways to make up the missed work in another way later with your students. Discussions with your program head, colleagues may assist in planning for make up time.

If your manager however appears to be ordering you to teach online, when you normally would be teaching face to face, you should obtain clarity. Write back and ask, is this an order? My union has instructed me to ask whether I face discipline if I refuse. If the answer is yes, then you must work (if possible and you have the necessary equipment and internet connection, etc.) online. The principle in labour relations is, work now and grieve later. This means an order must usually be obeyed and grieved if disagreed with. Exceptions exist for such things as orders that could damage your health.

For those of you that are not instructors, but work both on campus and at home, we have not assessed a position on whether the employer has a right to order you to work online if, on the day of the closure, you were going to be on campus. There may not be a general rule that applies to everyone. You may have the office space and internet set up, and it may be reasonable to work from home. But some of you may have unplanned issues with childcare, eldercare, or health issues, for example, on such a day. Each of you may be in an individual situation that may require assessment by the FSA. As in the situation above, if you are clearly ordered to do so you should work from home if possible, but contact the FSA for further guidance. We may grieve on your behalf. Please let the FSA know if you or your Department were ordered to work from home on Wednesday and/or Thursday of last week.

Q: Some BCIT program heads have been sending out emails asking instructors to try to accommodate students during the transit strike as it may be difficult for students to get to campus. I am wondering if this is considered anti-union. Are we undermining the striking transit workers by making student accommodations?
A: We really appreciate your consideration of solidarity with striking CUPE 4500 members. With many public sector strikes, inconvenience is part of a process that ends in improved public services and working conditions. It would not generally be considered scabbing to make accommodations for students. I don’t believe CUPE 4500 has asked the public not to do such things (as is the case when, say, a union calls for a boycott during job action). With that said, there are things you can do to help expedite the process. Let Coast Mountain Bus Company, its Board, and VP of Customer Communications know that you want a fair deal for workers. If the strike persists, you can also join a CUPE 4500 picket line. You can follow CUPE Communications for more.

2023-12-01

Q: Last week’s E-Bulletin message about the FSA not collecting dues on retro pay got the wheels turning, and now I’m wondering how much we pay in union dues. Is what we pay a normal amount?
A: BCITFSA members pay 1.85 percent of their gross salary to union dues, which is tax deductible. Just down the road, our Burnaby neighbours the BC Nurses’ Union and Hospital Employees’ Union pay 2 percent and 2.1 percent, respectively. On the other end of the spectrum, some unions with much lower staff complements and therefore less ability to grieve may pay around 1 percent. In Canada, generally speaking, dues are paid by all workers in a unionized workplace. This is known as the Rand Formula, following a 1946 Supreme Court Decision. And union members do very well for those dues. In this country, the median hourly wage rate is about $7 per hour higher for union workers than non-unionized workers. Even the anti-union Fraser Institute recognizes the union advantage. Public-sector workers with a union density of about 74 percent retire 2.4 years earlier, they acknowledge, and make almost 10 percent more than their private sector counterparts, with about 14% union density.

Q: BCIT’s messaging in their Wednesday newsletter makes it sound like all employees have to apply for retroactive pay. BCIT writes in their update: “A reminder for FSA members that the deadline to apply for retroactive pay is December 15, 2023.”
A: This could be clearer, it’s true. Regular members do not need to apply for retro pay. A more complete description of who needs to apply and who doesn’t is available on our website.

2023-12-08

Q: With exams just around the corner, many of us are beginning to think about holiday shopping. How feasible is it to buy union?
A: Information on buying union during the holiday season is easier to find in the US than Canada. The AFL-CIO posts a very thorough list for union gift giving. For treats and eats, UFCW Canada posts a list of their union-made goods.

2023-12-15

Q: When I worked at a post-secondary in Ontario for a decade, seniority basically dictated what positions would be given and to whom. What’s seniority like in the FSA contract?
A: Great question! The short answer is that seniority is less determining for FSA members, in many but not all regards, than it is for other unionized workers. The FSA’s Senior Labour Relations Representative George Talbot wrote the best analysis I’ve seen of how it plays out here. Follow the link for George’s piece.

2023-11-03

Q: I want to ask other members about workload. Recently, my Department had a meeting with HR, who was less than kind when challenged on the wages members get. Their response was basically “well, you accepted the job knowing the wages, so what is the issue?” It’s true that we agreed to accept the wages we have, but no one expected to work excessively hard, be challenged every step of the way, and have a very poor work-life balance for that low wage (relative to other institutions). The final position HR took at the meeting was “what can faculty do to make the job better?” This, instead of “what can BCIT do to make your job better?” This very much read as “what extra work can you do (adding to your workload) to enhance your work environment?” They meant things like weekly program meetings, monthly meetings with the AD, and faculty helping out other faculty. There is no time to do this, of course, no time to mentor incoming faculty (so new faculty are just dropped in and forced to swim). We really need to address the issue of contact time to improve the working conditions, faculty health, student experience, and overall stress levels of FSA members.
A: It’s never a bad time to think about improving working conditions. Along with the reference above to contact time, please write your Member Engagement Officer with ways to alleviate overwork or areas that need to be addressed. Your answers will be collected and may be published in a future E-Bulletin.

Q: Will either the FSA or BCIT announce to members when the retroactive pay has been paid out so that we can check to see if we have received our payments? I have no idea if I have been missed and I suspect this would be true for other members.
A: While the employer is in charge of handling the distribution of retro pay through their payroll system, the FSA will update members in the weekly E-Bulletin when deposits begin.

2023-11-10

Q: What’s the difference between a warning letter and a letter of expectation? A: The difference hinges on discipline. A warning letter, or written warning, is typically disciplinary in tone and approach. It may include what the employer perceives as an incident of poor performance or rule breaking.
A: warning letter may also be grieved. A Letter of expectation, on the other hand, is meant to be non-disciplinary, providing clarity and support. The FSA will, however, sometimes object to a warning letter if it seems to approach a disciplinary position.

2023-11-17

Q: Does the Employment Standards Act’s (ESA) language on overtime apply to me?
A: In spite of Part 7, Article 34(u) of the ESA excluding FSA members from other ESA language covering hours of work and overtime, overtime provisions are detailed in Article 8.5 of the BCIT/FSA Collective Agreement. See also our FAQ on overtime and compensation.

Q: Am I able to use my Professional Development funds on an iPad?
A: We’ve received three or four questions about PD funds this week. As is often the case with labour relations, the answer to the question above is “it depends.” Helpfully, for all involved, the FSA and employer negotiated a memorandum of agreement in early 2022 to guide the application of Article 10.3 of the Collective Agreement, the Professional Development Expense Fund. The criteria used to adjudicate the fund are:
• Is the activity, resource or equipment relevant to or does it augment the individual’s area of professional competence or continuing development?
• Will the activity, resource or equipment provide a measurable benefit to the individual, the Department, or the Institute?
• Does the activity, resource or equipment assist the individual to maintain currency and flexibility in their area or professional competence?
• Will the expenditure for the activity, resource or equipment promote leadership in technological education? The recent practice has been to consider tablets, generally speaking, consistent with 10.3. However, we urge members to peruse the short memorandum of agreement guide hyperlinked above.

2023-11-24

Q: I’m currently working as staff but looking into taking some courses at BCIT that will help me become a part-time instructor. Can I use the tuition waiver for this purpose?
A: That’s great! We love to see members utilizing their Collective Agreement. Article 10.10 (pp. 63-4) deals with employee registration in BCIT courses. The short answer to the question above is “probably,” so long as the conditions in that Article are met.

2023-10-06

Q: Where can FSA members find out their current step on the pay scale? I can figure it out by my pay stub, but is there another BCIT location where you can see your current pay scale? Also, what is the date or are the dates that Faculty move up one step on the pay scale?
A: The only way to determine your pay scale other than your pay stub is to ask HR. On advancement, Article 11.3 of the Collective Agreement states that Full-time Regular Faculty Employees shall advance one step on the Faculty salary scale each year on April 1 or October 1. When the anniversary date of an initial appointment is between January 1 and June 30, the increment date shall be April 1. When the anniversary date of an initial appointment is between July 1 and December 31, the increment date shall be October 1. This is, however, subject to some provisions. Read Article 11.3 in full on our website.

2023-10-13

Q: Is it my imagination, or is management laser-focused on faculty and loading while we get emails telling us that a new manager has been hired for a role I’ve never heard of?
A: While we can’t speak to the specifics of workloading or management hiring in particular Departments, we know that the employer has been looking into the idea of reducing program credits. These discussions are in their infancy, but we encourage members to ask their School’s leadership to invite the Institute’s Academic team to share their perspective. With regard to management hires, it is well-documented that in North America and elsewhere managerial roles occupy an increasing amount of post-secondary budgets relative to unionized instructors, technical staff, and support staff. The Canadian Centre for Policy Alternatives (CCPA) has written about this longstanding trend. For the CCPA, this situation creates a feedback loop wherein administrations increasingly prioritize non-core functions (those other than education, research, and support) of the post-secondary institute. The FSA is concerned that this trend continues at BCIT in a midst of a well-known budget deficit.

2023-10-20

Q: I had a student working for me in 2022 and therefore they were part of the BCITFSA bargaining unit. Are student employees, current or former, eligible for retro pay?
A: Great question! The answer, emphatically, is yes (assuming those students worked between July 1, 2022 and July 13, 2023—the period that retro pay covers). All FSA members who worked in that roughly 54-week time are entitled to retro pay as the wage gains in the contract apply to all members. Some FSA members will, however, need to apply to receive retro pay. If you know a former student employee, retired member, or someone who works in PTS but was without a contract on July 13, 2023, please forward them the link above. For more on student employees, see Article 4.4 (p. 19) of the Collective Agreement.

2023-10-27

Q: The “Question of the Week” section from last week’s E-Bulletin states that the Retro Pay coverage date is from July 1, 2022 – July 13, 2023. It appears, however, that we didn’t receive our adjusted pay until a few weeks after that. Should this retroactive pay period actually be between July 1, 2022 – August something 2023, when we started to receive our updated wages?
A: This is a great point! FSA communications have distinguished retro pay as unpaid wages covering the period beginning with the retroactive start date of the new Collective Agreement (July 1, 2022) and the actual date of ratification (July 13, 2023). There were, however, weeks in between July 13, 2023 and when members began to see their new wage reflected in their pay. These few weeks will indeed be covered by the retro payment.

2023-09-08

Q: What is the status of my retro pay, negotiated in the most recent contract, and dating back to July 1, 2022?
A: BCIT updated its pay scales at the end of August, and members should already see their new salary reflected on their pay stub. The process of calculating and then delivering retro pay is, likewise, under BCIT’s control. We want the employer get things right when retro pay is issued and anticipate that this will take some time.

2023-09-15

Q: Since the bargaining communique came out I’ve wondered: which FSA positions fall into hourly rates and which fall into annual salary scales?
A: Our members with PTS contracts receive hourly rates, which now includes a one-time 3.9 percent increase on top of general wage gains. Guest lecturers, student employees, and markers also receive an hourly rate and overtime is calculated on an hourly basis. All other members receive an annual salary, although that scale can also be broken into hourly rates. See Article 15 of the 2019-22 Collective Agreement for more details.

2023-09-22

Q: I was reading the details of our new contract and saw that the shingles vaccine is now covered by our extended health benefits. Does this mean that I’m able to claim my August 2022 vaccination?
A: Wages are back dated to the beginning of the new agreement (July 1, 2022) but benefits are not. Instead, our new benefits became available with ratification in the summer.

2023-09-29

Q: This is my 18th year working at BCIT as a part time/flexible learning instructor. My years of service have never been acknowledged by the institute. I think there are many valuable and talented instructors like me that are overlooked and underappreciated. Is there anything that can be done to celebrate our membership in the BCIT community?
A: From the union perspective, the best way to force the employer to treat our members in PTS with the same dignity they do other employees is to make your voices heard. The FSA is co-hosting a pub night with the UBCFA, FPSE, and CUFA BC in October. This event will provide an opportunity for our members in PTS to get together with others from the Lower Mainland to strategize around how best to put our common issues on the agenda. All our members working in PTS are welcome to attend.

We encourage any member of the FSA to work collegially with their colleagues and manager to address concerns and issues that may arise. We also encourage members to be familiar with the general employment information provided on the BCIT Human Resources website.

If you still have a question about your Collective Agreement, a concern about violations of your rights or problems with your working conditions, or any question about the FSA – please reach out to us via our contact page!

In addition to special meetings or events that are held on an as-needed basis, the FSA holds the following regular meetings:

• General Meetings, including the Annual General Meeting, are held three times per year, usually in October, January & April
• Board Meetings are held monthly except in the summer
• Tech Rep Meetings are held monthly except in July, August & December

For a summary of dates, visit the events page, or check the FSA Calendar.

Slides and meeting notes or minutes are posted in the Members-Only Sharepoint (login required).

Many things! Please see our New Member Handbook and reach out to the Tech Rep(s) in your area.

We are aware that for many members, it can be difficult to decide when to voice your concerns. We also know that the ability to raise concerns is different for so many reasons (e.g. type of employment, length of employment, etc.). We want to make sure that all members know that the FSA values and protects confidentiality. You can contact the FSA in confidence to explore your specific concern and learn what rights you may have. There are strong protections in place to ensure that management cannot retaliate against a member who seeks union advice.

To better manage the workloads of FSA labour relations staff and ensure that priority matters get the attention they require, the FSA introduced a new process for handling all new inquiries. Member phone calls, e-mails and walk-in visits are received by a designated staff person. If an answer to the member’s question is readily available, it will be provided. Otherwise, the member will be referred to an appropriate resource such as one of our dedicated Labour Relations Representatives, who will make every effort to contact the member as soon as possible.

For labour relations inquires, you can see the path your request will follow on page 3 of our January 2020 newsletter.

If your matter is outside of the scope of the FSA’s work you may be referred to another resource such as BCIT’s Human Resources, Manulife, etc.

Urgent matters are given priority attention. Please direct all new inquiries or issues to [email protected] or 604-432-8695.

While we make every effort at our events and meetings to give members a chance to opt out of being photographed, we acknowledge that group photos may end up including members who do not want their images to appear in a published photo. Please notify [email protected] and we will take down the photo.

If you have concerns about activities or incidents in your work area but aren’t sure if you’re ready to contact the FSA yet, we have developed a form for you to use to keep a report about an activity you may be concerned with. Tracking your concerns using this form will help the FSA labour relations team support you if/when you bring a concern to us. Please use a new instance of the form for each activity/incident you record.

You do not need to send us the form right away, keep it on file for if/when you reach out with your concern.

Download form (fillable PDF).

Please reach out to us if you have questions about your Collective Agreement, a concern about potential violations of your rights, problems with your working conditions, or any question about the FSA.

If you have concerns about activities or incidents in your work area but aren’t sure if you’re ready to contact the FSA, we have developed a form for you to use to keep a report. Tracking your concerns using the form will help the FSA labour-relations team provide support if/when you bring a concern to us.

All communications with the FSA are confidential.

Welcome to the FSA! Our New Member Handbook provides valuable information as you begin work as a member of our Union.

In particular, new members should know that they can challenge their placement on the salary scale within six (6) months of appointment. See our Fall 2022 issue of the BCITFSA Voice newsletter (pp. 10-11) for more.

Departments are defined in Article 1.8.5.1 and generally listed in Appendix III of the Collective Agreement. Each reference to “Department” in the Collective Agreement means: “the Employees and the related Manager.” The “employees” refers to Institute workers who are FSA members but not those represented by BCGEU units at BCIT. Each FSA member of the Department has the authority to participate in deliberations and decisions with a single voice and single vote. If the subject is one the Department has the right to decide, it’s a single vote for each FSA-represented employee and a single vote for their related manager. If the subject is one the Department has the right to be consulted on, then there must be opportunity for each FSA member to voice their opinion and there must also be a serious exchange of information or ideas before a decision is made. This is important because the Collective Agreement assigns dozens of rights and responsibilities to the Department.

The Collective Agreement (Articles 1.4.3-1.4.6) allows each Department some flexibility to develop their workloading process. There are guiding principles to ensure fair and equitable distribution of the work (Articles 1.4.3–1.4.6 & 8.8.1) and consultation (Article 1.8.4) within the Department, but the details of the process are left to Department members and the related Manager. Some Departments may choose to partially delegate the authority to a Departmental Workloading Committee, which may be done by specific motion at a Departmental Meeting (Article 14.4). This Committee receives requests from Department members regarding their workload preferences and drafts a Departmental plan based on those requests to bring back to the Department. The Department members must then review and approve that plan prior to its implementation. A Department-approved appeal process should be in place to process any appeals of Departmental decisions (Articles 14.4-14.5; 8.8.3; 8.9.1).

Articles 8.8 and 8.9 (for instructional and non-instructional staff respectively) provide three levels of dispute resolution when disagreements concerning workload arise. The Workload Dispute Process gives members the opportunity to challenge workloads that are unfair, inequitable, or unreasonable, whereas the grievance process is used for issues like excess contact hours or overtime. Please contact the FSA for guidance in workload disputes and to keep us informed regarding workload issues in your department.

Visit the Benefits section of BCIT’s website and scroll down to the relevant FSA hyperlink. You may also contact BCIT Human Resources. If you have questions or concerns left unanswered by HR, contact the FSA by email or call us at 604-432-8695.

The FSA’s Collective Agreement with the employer includes approximately 20 different types of leave provisions. These leaves are wide-ranging, and include absences for circumstances such as bereavement, participating in election to public office, maternity and parenting, professional development, and sick leave.

Some of the more common leaves that the FSA is asked about are:

(a) Maternity, Parental, and Adoption Leave (Article 9.6)

(b) General Purpose Leave Without Pay (Article 9.7)

(b) Professional Development Leave (Article 10.5)

(d) Development Leave, Short-Term – Technical Staff, Specialized Faculty, and Assistant Instructors (Article 10.6)

(e) Professional Development Leave Without Pay (Article 10.7)

There are various eligibility criteria to be satisfied for these different leaves, as well as limits on how much leave time an employee can take.

If you have any questions that are not answered by reading the respective Collective Agreement provisions, or if you are experiencing difficulty in accessing your rights to a leave, contact the FSA.

Article 8.6.1of the Collective Agreement provides Teaching Faculty (not Specialized Faculty, Assistant Instructors, or Instructors working in PTS) one month “…free of teaching and student evaluation (examination, marking and marks review) duties.” Subject to the duties assigned to you by your Department, you are not required to be in attendance at the Institute during your MFOT. If you are not on campus during this month, you are considered “on-duty, off campus.” The Collective Agreement does not list any specific activities or deliverables for the MFOT. Responsibility for assigning duties to be undertaken during this month resides with the members of your Department.

While many Faculty use all or part of June as their MFOT, there is nothing in the Collective Agreement that requires your MFOT be taken in June. Subject to the requirements of your Department, the MFOT may also be scheduled in segments rather than continuously. We are aware of some Faculty, for example, who spread their month over the entire summer, while others take half of their MFOT in June and the other half in August. MFOT does not count against other breaks, such as vacation or the Christmas break period.

For more information on seniority, see this short piece by Senior Labour Relations Representative George Talbott.

There is so much information on this topic that we have a separate FAQ on Overtime & Compensation. We also encourage you to reach out to the FSA directly if you think you’re working overtime and/or you’ve been directed to work overtime.

There are two types of professional development allowances: (1) the Article 10.3 Professional Development Expenses Fund, Program-Administered funding; and (2) an annual allotment of $2,400 for eligible full time Faculty employees.

Article 10.3 professional development funding is an annual allotment provided to eligible employees on April 1st of each calendar year. This is more commonly referred to as the “Pooled PD fund”. The general purpose of the fund is “to promote leadership in technological education through funding of relevant professional development activities and/or the purchase of equipment or services which maintain currency, flexibility, and professional competence of employees or augment the professional development of the individual employee” (Article 10.3.2). Refer to Memorandum of Agreement 22FSA01, Guide to Article 10.3 Professional Development Expenses Fund, for further information about the purpose and use of Article 10.3 funds.

An annual allotment of $2,400 in PD funding is available to Faculty employees after they have been at step 15 of the faculty salary scale for the equivalent of at least one annual workload year. This funding is paid via payroll, spread over the year, and subject to taxes. There are no reporting requirements or restrictions on the use of these funds.

FSA members planning to retire should visit the employer’s Retiring from BCIT webpage. You should be able to find all the resources and information you need there. BCIT HR also hosts regular pension seminars in conjunction with the Pension Corp.

Regular Employees please see Article 9.1.1 of the Collective Agreement, which outlines Pre-Retirement Leave, as well as Article 17.1, which concerns the schedule for providing the employer your notice of retirement.

If you have any concerns after working through that information and discussing it with BCIT HR, you can contact us directly.

All FSA employees have the right to carryover up to ten (10) days of vacation leave for use in a subsequent year, pursuant to Article 9.2.7.1 of the Collective Agreement. Under Article 9.2.7.4, an employee also has the right to apply for permission to reschedule or to carryover additional vacation leave, as long as the total vacation entitlement in any one (1) year does not exceed 58 days. See Article 9.2.7.2 for the exception to this rule.

In addition to the carryover limits described above, if an employee finds they are unable to take their scheduled vacation total in a calendar year, and they are authorized to forego the scheduled vacation leave, they may apply for permission to carry over the additional vacation leave (Article 9.2.7.6). These excess vacation days will be paid out via a lump sum by the second pay period in February of the subsequent calendar year.

Winter Break is the period between terms where attendance for work on campus is not required, similar to being on-call in other workplaces. It is not considered vacation, and employees must be available for remote work, or to attend on campus should a need arise. Each Department plans for coverage with consideration to services required, vacations booked, and fair treatment of all in the Department.

For instructional employees, Winter Break is the period after marks review and before commencement of the next term.

Winter Break for non-instructional employees is guided by this letter of understanding. Highlights include five (5) consecutive days of Winter Break, with a plan in place for coverage by November 1 of the anticipating year. If 5 consecutive days are not possible, then days are added preceding the period to make a total of 5 consecutive days. For this purpose, statutory and general holidays are not considered workdays.

All BCIT Part-Time Studies (PTS) employees–or Auxiliary Employees, as they are called in the FSA-BCIT Collective Agreement–with the following types of contracts are FSA members covered by the Collective Agreement: Instructor, Lab Assistant, Marker, Curriculum Development, PTS Administration. The Collective Agreement establishes your employment rights as a worker at the Institute. Some of these rights are unique to our members in PTS, some are universal, and some don’t apply to members working exclusively in PTS. Applicable rights include rates of pay, a grievance process, and (for PTS instructors) the right to normally be rehired.

Our members in PTS are encouraged to participate in FSA meetings, committees, and events. We also hold two positions on the FSA Board of Directors for members in PTS, known as Directors, Associate Members.

The FSA’s Caucus on Part-Time Studies (COPTS) was created to support members in PTS and facilitate their contributions to the Union. COPTS enhances participation by member participation in in solving issues faced by auxiliary workers, provides guidance to the FSA regarding issues facing members in PTS, , and influences the direction of FSA policy. COPTS is listed on our main committees page; here is the caucus’s terms of reference. Please let us know if you’re interested in joining.

Article 5.2.5.2.8 of the Collective Agreement gives the first right to teach a course to the individual who authored it, so long as they were not paid to do so by BCIT. Article 7.4 ensures that an employee who “creates, develops, acquires or introduces” course materials retains ownership over them. When BCIT pays someone to author a course, the Institute may claim ownership over those course materials. In such cases, BCIT may also deny the creator the right to use the materials at other institutions or online.

Instructors who plan to develop and introduce a new course, whether on their own or under contract with BCIT, first should obtain a written understanding with their Associate Dean that acknowledges that the course, and all its associated materials, will belong exclusively to the author. Course authors should expect adequate compensation for any rights over course materials claimed by BCIT. When being paid to develop a course, authors should insist that the agreement clearly sets out any rights that they retain over its materials.

Contact the FSA if you have any questions about the ownership of course materials. Please also note that our national affiliate the Canadian Association of University Teachers (CAUT) provides copyright information on their website.

In our 2020 round of bargaining, the FSA won a pooled Professional Development (PD) fund for our members working in PTS without access to other PD funding. The 10.11 PTS PD Fund is for PTS members working on Instructor/Lecturer, Lab Assistant/Demonstrator, Curriculum Development and Administration contracts. The fund provides $210,000 annually for use by members on these employment contracts towards professional development ineligible for Article 10.3 funds. The Part-Time Studies Professional Development Committee administers the funds and executes calls for submissions.

In our 2020 contract, the FSA won what’s known as the Pooled Sick Leave Fund. This was created for eligible PTS Instructors/Lecturers who are unable to teach due to an illness. BCIT contributes $25,000 per year to this fund, which can be accessed on a first come, first serve basis. To be eligible for access to the sick leave fund, Instructors must meet criteria established in the Letter of Understanding (p. 153 of 2022 CA).

To access the fund, PTS Instructors/Lecturers should report their sick time to their department and a PTS Sick Leave form will be completed and sent to Disability Management in BCIT Human Resources.

For other questions about the PTS Sick Leave Fund, please contact BCIT Human Resources.

A provincial five (5)-day sick leave minimum was enacted into the Employment Standards Act (ESA) in 2022 and applies to our members working in PTS. If some members have already drawn at least five (5)-days on the PTS Sick Leave Fund and it becomes exhausted, the FSA believes other members are still able to access sick days under the ESA to a maximum of five (5).

Any days drawn from the PTS Sick Leave Fund count toward the provincial minimum. For example, if a member in PTS has taken two (2)-days paid sick leave from the Fund, they still have three (3) available under the ESA if the Fund is empty.

Please also note that for the ESA, sick time is counted in days and not hours.

Snow days, or other class cancellations due to campus closures, are inconvenient for all members but can be particularly problematic for members teaching PTS courses. While scheduling an in-person make-up class may seem like the most obvious solution, this may cause other problems where students have commitments that prevent them from attending. Providing students with a take-home class–where they complete specific readings, submit exercises, participate in peer reviews, and will be counted absent for a class if they don’t–is a great alternative. Some instructors make small but critical revisions to the overall course schedule such as combining two topics or adding an extra reading/exercise to each class. If the snow day occurred on a scheduled test day, the test can be moved to another day in the existing schedule and one of the above methods used to make up the bumped class.

Please review FSA’s Part-Time Studies Guide for additional resources which you may find useful.