Intellectual Property Rights and Posting on Sharepoint
By Diane Walsh, Member-At-Large
By Diane Walsh, Member-At-Large (Contact)
Here’s a good question: When managers direct us to post our own materials, syllabi, course presentations and so on to SharePoint, does this infringe upon or otherwise impact our intellectual property rights?
Intellectual property rights are protected under our Collective Agreement. According to Article 18.02 (a) “Copyright Ownership”:
“The copyright or patent for any work product, including creative work, instructional strategies or curriculum/instructional material, software or any other material or technology that may be copyrighted or patented: 1.belongs to the employee(s) where the work product has been prepared or created as part of assigned duties, other than the duties listed in 2. below, and the copyright to all copyrightable material shall be the sole property of the employee(s) and shall be retained throughout his or her lifetime and upon his/her death by his/her heirs or assigns;”
The Employer has the right to “institutional use” described in 18.02 (b), “Employer Rights to Materials Copyrighted by Employee(s),” as follows,
“Where the employee holds the copyright pursuant to 1. above the institution shall have a right to use his/her copyrighted material in perpetuity for institutional purposes. The institution may amend and update the copyrighted material with the approval of the employee(s) holding the copyright to the material. Such approval will not be unreasonably withheld.”
It would seem reasonable to assume that the rights described in 18.02 (a) should not be infringed upon by those described in 18.02 (b).
“Institutional use” does not supersede the individual faculty member copyright holder’s rights. If a person’s work is to be used, it should be with the creator’s informed consent, and if changes are to be made or uses made of the creator’s work, it must be with the creator’s knowledge and consent.
Infringement upon these rights resulted in the KFA filing a grievance in 2008 on behalf of a member whose curriculum work was being sold by the Employer without the copyright holder’s knowledge or consent. It was the KFA’s position that approval of an employee holding a copyright under 18.02 (a) is required before amending copyrighted material and that there must be a negotiated agreement between the holder of copyright and the institution prior to any sale of curriculum. In the grievance resolution, the Employer did acknowledge the faculty member holds the copyright in accordance with 18.02 (a).
Thus, if a faculty member voluntarily posts and shares materials after having made the judgment that the venue is appropriate, this does not in itself pose a problem for one’s intellectual property rights. But, if the Employer requires faculty members to post copyrighted materials in a forum such as SharePoint, in which there is no means for ensuring materials will not be used in inappropriate ways, this is simply not on.
Not According to Resource Allocation
(Revised January 2015)
By Diane Walsh, Member-At-Large
By Diane Walsh, Member-At-Large (Contact)
Given the budget and resource allocation conversations occurring around the institution, I thought it would helpful to revise, update and re-distribute this article. Budget and resource allocation is always about the priorities of the institution, and the directing of resources is a key indicator of these priorities. From this perspective, it does not appear as if teaching and the provision of instruction is really a priority at Kwantlen.
It isn’t easy to find information about exactly how spending is directed. The budgets as presented do not separate out spending on teaching and student services as distinct from administrative spending. The audited financial statements posted on the KPU website do not separate out faculty salary from other salary. However, there are a couple of good data sources for this information, including the reports available from the Statistics Canada-sponsored Canadian Association of University Business Officers (CAUBO). http://www.caubo.ca/ The public bodies’ reports are also good sources for more detailed and other pieces of interesting information.
First, let’s look at the data from CAUBO reports. Kwantlen’s information was not reported here prior to the year ending in 2009, but it is reported starting then and up to the most recent report, 2012/13.
The CAUBO data shows some interesting changes in spending over time, even in this relatively short period of time. The total dollar spending increase for administration & external relations salary and benefits was $2.93 million dollars from 2009/10 to 2012/13. This is a net increase of 26.5% during this period.
At the same time, increase in total spending on instructional salary and benefits was 12.7%, and total spending on salary and benefits for library & student services actually declined by 13.3%.
Furthermore, the proportion of total salary at KPU directed to faculty versus all other kinds of salary at Kwantlen is in decline. The following figures are a ratio of faculty salary to all other salary.
* The 2011 year report contains some odd figures. For example, there is instructional salary included in the column identified for “ranks,” but we have no ranks at Kwantlen.
These figures, taken overall, indicate proportional spending on faculty is in decline at Kwantlen. While the total dollars spent on faculty salary have increased, the proportion of spending on faculty salary versus other kinds of salary is in decline.
Changes in spending patterns that de-emphasize teaching are puzzling, given that KPU is mandated to be teaching-focused. So, what is being prioritized in spending?
The Federation of Post-Secondary Educators, (FPSE), our provincial faculty organization, has engaged in a research project to analyze “administrative density” at the member locals’ institutions. This research looks at changes in total numbers of administrators, changes in salaries, and changes of total spending on administrators. The research uses salaries and other information posted in the public bodies’ reports, and the results for Kwantlen are illuminating.
During the 10-year period covered by the research, March 31, 2002 and March 31st, 2012, the total number of excluded employee positions increased from 68 to 123.75, an 82% increase. Total pay for this group increased by a walloping 225% over the same period. During the same period covered, the total proportion of administrators at KPU also increased, from 7.8% of the institution’s employees to 10.5% of the institution’s employees.
Pay increases for administrators are at least in part systemic in origin. One systemic factor is that, in order to achieve salary increases, administrators must be seen to have greater responsibilities, and one of the easiest means for achieving this is through an increase in the size of one’s office. We have seen this very directly at KPU; the deans’ offices have seen a dramatic increase in the numbers of people attached to them. The offices of most Faculties have gone from a total population consisting of a dean and one or two assistants to total populations consisting of a dean, one or two associate deans, an operations manager, a business manager, and assistants for each of those people.
Another systemic factor is a “ratcheting up” effect on executive compensation. The stated desire to hire new executives who are “the best,” when coupled with a notion that higher pay equals better quality of performance of said executives, results in a relentless increase in executive compensation. The logic being applied is that if we offer average-or-better pay for administrative positions, we will be assured of hiring good quality executives, but if everyone applies this same logic, salaries rise regardless of other factors.
This phenomena is explained well in a Vancouver Sun article (posted on Canada.com) on executive compensation Laura O’Neill, director of law and policy at the Shareholder Association for Research and Education, comments on this.
“Nobody is going to suggest that they have bottom-rung executives,” she said.
“So they will at least go for the middle ground of the peers. So in year one, you target the middle and all the peers target the middle and then the next year the middle is suddenly the bottom.”
It results in “a relentless climb upwards,” she said.
To return to the FPSE data, looking at the top of the salary chart at KPU is informative. The 5 top-paid administrative positions at KPU have all seen sharp pay increases over the 2002 through 2012 period. Total salaries paid to the top 5 have risen by $192 737, an overall increase of 33.3%. The top salary, that of the president, rose from $137 954 to $189 754, a 37.5% increase.
This chart clearly illustrates a summary of these salary increases.
In comparison, individual faculty salary at top of scale increased 8.9% during the same period ($78 729 in 2002 to $85 744 in 2012). Inflation during this period totalled 20.7%, according to the Bank of Canada inflation calculator. http://www.bankofcanada.ca/rates/related/inflation-calculator/)
Looking at these figures, it is clear that teaching and faculty don’t seem to be the priority of KPU administrators. If indeed teaching is the priority here, then the KPU administration must demonstrate this in concrete terms, and one way to do this is to address it directly by changing the spending patterns to prioritize faculty and student services.
It’s time to change how money is spent in this institution.
By Wendy Smith, KFA Status of Women
By Wendy Smith, KFA Status of Women Committee Representative (Contact)
The Status of Women Committee (SWC) is a Federation of Post-Secondary Educators (FPSE) committee made up of representatives from the various locals throughout BC. The committee reports to the FPSE President and the Presidents’ Council. Its mandate, as described on the FPSE website, is broad: “The responsibilities of the Status of Women Committee of FPSE shall involve any activities which contribute to an improvement in the status of women within locals. Such activities should address both the current and future needs and interests of women in colleges and institutes in BC.”
The FPSE website offers more specific information about the responsibilities of the committee as follows:
“1. Develop a general plan of activities for each upcoming year and present this plan to the Presidents’ Council.
2. Encourage the establishment of Status of Women Committees within member unions.
3. Organize and offer workshops and other forms of educational activities.
4. In conjunction with other Standing Committees, ensure that all Convention workshops/panels/plenary activities reflect a recognition of the need for gender parity and are free of sexist content.
5. Remain cognizant of initiatives through government relating to women.
6. Work cooperatively, as appropriate and feasible, with other organizations and institutions involved in status of women-related activities.
7. Maintain ongoing contact with each local’s Status of Women Committee.
8. Act as an advocate for the rights of women in the college and institute system in BC.”
Role of SWC Representatives
The role of each Status of Women Committee representative involves sharing information with the committee as a whole and reporting to the committee. Representatives are responsible to consult with their local executives and report on issues discussed at SWC meetings. Reps work together to provide information and recommendations to Presidents’ Council as well as respond to direction from Presidents’ Council (FPSE Standing Committee Guidebook).
SWC at the Provincial Level
The SWC meets twice each year, in February and November. Our work plan includes such things as maintaining a women’s resource manual, recognizing the National Day of Remembrance and Action on Violence Against Women, celebrating International Women’s Day, providing safety training, creating awareness of funding cuts to women’s programs, and more. At the November 2014 meeting, the committee voted in support of becoming a screening partner with DOXA so that important women’s issues may gain greater exposure through the forum of documentary film. There was also discussion of recent Canadian Labour Congress findings on domestic violence and the need for more discussion and action with reference to gender-based harassment. Members offered several suggestions for SWC workshops for the FPSE 2015 Spring Conference and AGM.
SWC at Kwantlen (Local 5)
At Kwantlen, recent activities have included a November 2014 documentary film event on a women’s health issue. Feedback on the event was positive, and attendees provided suggestions for future topics of concern to women.
In December, the committee helped organize vigils on four campuses to recognize the National Day of Remembrance and Action on Violence against Women. Special guests and speakers included MLAs Harry Bains (Surrey Newton) and John Yap (Richmond-Steveston) as well as representatives from the Surrey Women’s Centre and Kwantlen Student Association. Thanks go to faculty members who facilitated the memorials and to KPU librarians in Surrey who developed an excellent book display on the topic of gender-based violence.
This March, the committee participated in a photo project to celebrate International Women’s Day. Members of the KPU community agreed to be photographed, and they shared their thoughts on why International Women’s Day is important. The photos will be incorporated into a slide presentation to be shown at the FPSE Annual General Meeting in May 2015.
At present, we would like to create a larger working group so that more faculty members can be involved in organizing activities that may be of interest to women. Perhaps you have an idea for a speaker or a workshop or project that fits the mandate of the committee and would appeal to the KPU community? Or perhaps you’d like to assist with one of the projects currently under consideration?
If you think you might like to participate in some way, please contact the Status of Women Committee at firstname.lastname@example.org.
Disability Management and Rehabilitation Committees at Kwantlen and at FPSE
By Ann Marie Davison, KFA Disability
Management and Rehabilitation Committee Representative
By Ann Marie Davison, KFA Disability Management and Rehabilitation Committee Representative
One of the best things about working in a unionized environment is the
entitlement to sick leave benefits that regular and non-regular type 2 faculty
have, as explained in the recent KFActs article. And to make that even better,
our Collective Agreement brought to life the Joint Faculty Rehabilitation
Committee, affectionately known as the Rehab Committee.
I’ve been the Co-Chair of the Kwantlen
Rehab Committee since its inception 12 years ago, and I also serve as the Chair
of the Disability Management and Rehabilitation Committee (DMRC) of the
Federation of Post-Secondary Educators of BC (FPSE).
The Rehab Committee is a joint committee with equal representation from faculty and the employer. The committee exists to assist KFA members who become ill or injured and cannot perform their regular duties, and we help these members throughout the sick leave process. If and when the member is healthy enough to return to work, we facilitate the process with the goal of a successful return.
KFA members should be proud to know that our Rehab Committee has one of the best reputations for these kinds of committees in the province, due in a large part to the level of trust that has been built between the committee members. Both the union’s and employer’s representatives truly are working towards the common goal of doing what is best for the employee. The Rehab Committee is strongly committed to confidentiality, and does not have access to your detailed medical information.
We recently have had some membership changes on the employer’s side of the committee. Upon Ellen Hill’s retirement last fall, Jas Parmar has joined as my Co-Chair. (Jas has replaced Ellen as Director of Benefits Administration for KPU.) And Joel Murray, Associate Dean of the Faculty of Science and Horticulture, joined us in December.
Although none of us plan to become sick or injured, it is wise to know ahead of time what is available if you do. According to Article 15.06 of the Collective Agreement, all regular employees and active non-regular employees employed on a continuing basis for at least a four month period with fifty percent or more of a fulltime workload are entitled to:
• full pay for up to 30 calendar days
• short Term Disability for 21 weeks at 70% of your pre-disability income
• two years of Long Term Disability also at 70%
• an extension past the two-year limit for Long Term Disability if the member is still
With these benefits, however, also come responsibilities. The member must complete the appropriate application forms and participate in the rehabilitation process in order to continue receipt of benefits.
Here are a few other things to be informed about:
• Things usually take longer than you expect. Be patient with your healing process and
with the reintegration back to your workplace. No one will be pushing you to return
before your physician says you are ready.
• While on disability, you may not return to work without medical clearance from your
doctor, no matter how well you feel. Although our members have a strong work ethic,
returning too early may cause longer-term health problems.
• Many members have a graduated return-to-work plan, where they initially return part
time and gradually build up to their normal workload.
• All return-to-work plans must be approved by the Rehab Committee, with input from
the member, the member’s doctor, the member’s supervisor, and the insurance carrier
(Manulife). This means that a Return-to-Work meeting is usually scheduled before the
member comes back to work to ensure that everything necessary has been arranged in
order to support a successful return.
• You must inform your supervisor if you become seriously ill or injured while on vacation.
• Documentation to support sick leave claims related to mental health issues will need to
include a diagnosis listed in the American Psychiatric Association’s Diagnostic and
Statistical Manual of Mental Disorders (DSM-5), as “stress leave” is a misnomer.
Your faculty representatives are me, Ann Marie Davison, at local 2655; Bob Fuhr at 2968; and Susan Morris at 2513. If you are currently on sick leave or disability, expect one of us to contact you. We would also be happy to answer any questions you may have, whether you are on disability or you are in anticipation of making a claim. We have accumulated a wealth of experience serving on the Rehab Committee, and we will do our best to support you.
Ann Marie Davison
Committees, Committees and More Committees:
Joint Committees, Standing Committees of FPSE, and KFA Committees
By Diane Walsh, Member-At-Large
By Diane Walsh, Member-At-Large (Contact)
Your KFA serves the membership in many ways, and this includes enthusiastic participation in everyone’s favourite activity: committee service. Apart from a few ad hoc committees, these committees are mandated by the Collective Agreement, by our KFA bylaws or the bylaws of the Federation of Post-Secondary Educators (FPSE), our provincial organization. All these committees help the Executive fulfill important functions around strengthening our Collective Agreement, performing contract administration, managing the business of our Association, and a great deal of other work.
This article provides a general overview of these committees and brief descriptions of the nature of their work. Future articles will give a closer view on a few of these committees.
Labour Management Relations Committee
The Labour Management Relations Committee (LMRC) is required under the Collective Agreement, and its members are responsible for discussion and resolution of contractual and non-contractual issues of mutual concern to faculty and management. LMRC may also serve as an appeal body for specific university policies, procedures, or decisions not covered by the Collective Agreement.
The KFA contingent on LMRC is set out in Article 12.0.3 of the KFA Bylaws, and includes the VP Grievances, the VP Negotiations and one member from each of the four campuses. These campus representatives are elected at large by the membership.
Disability Management Rehabilitation Committee
This is a joint KFA-KPU committee, and its purpose is to support Regular and Non-Regular Type 2 faculty members who are absent from work due to illness or injury.
The KFA Chair represents this committee on the FPSE Disability Management and Rehabilitation Committee.
Occupational Health and Safety Committee
The Occupational Health & Safety (OH&S) Committee is made up of staff, faculty and administrative / university representatives working together to identify and resolve health and safety problems on the campuses. The four Health & Safety committees at Kwantlen coordinate and promote health and safety activities and ensure a healthy & safe working environment for all employees.
The KFA Chair also represents the KFA on the FPSE Workplace Health, Safety & Environment Committee.
More information: https://our.kwantlen.ca/sites/hr/ohs/SitePages/Home.aspx
In April 2007, Kwantlen and the Kwantlen Faculty Association agreed to the establishment of a joint committee whose mandate was to review the Faculty Performance Review/Evaluation procedures and guidelines. The review process was to be guided by LOU #3 – Faculty Members Performance Review. The work of this committee is ongoing.
Our provincial organization, FPSE, has a number of committees, and the KFA has representation on all of these. More information and links to all FPSE committees is available here.
For the following standing committees, each one of our representatives is elected according to the KFA bylaws, and each is also a member of the KFA Executive Committee. Here is a brief description of each, taken directly from those posted on the FPSE website.
FPSE’s Disability Management and Rehabilitation Committee assists member locals in identifying and assessing the disability and rehabilitation needs of members and supports the development of local Joint Rehabilitation Committees.
More information: http://www.fpse.ca/committees/dmrc
At work and in our communities, the lives of faculty and staff are affected by a myriad of public policy decisions made by government. As an advocate for members, FPSE regularly makes presentations to all levels of government. The Education Policy Committee analyzes and makes recommendations on a range of education policy and related issues.
More information: http://www.fpse.ca/committees/epc
Through legislation and collective agreements, educators are entitled to workplaces that are safe and free of harassment and that provide an environment in which diversity is respected. FPSE members care deeply about equality and social justice, not only in our working lives, but also in society at large. The Human Rights & International Solidarity Committee works on strategies for achieving equality in our institutions and in our communities. FPSE representatives receive regular training on human rights law, and FPSE's Annual General Meeting offers participants an annual opportunity to explore current rights issues.
More information: http://www.fpse.ca/committees/hrisc
An important FPSE priority is to improve conditions for non-regular faculty and to support initiatives to enhance job security for members. FPSE's Non-Regular Faculty Committee assists in developing and coordinating strategies to increase permanent employment and improve conditions for non-regular faculty in the system.
More information: http://www.fpse.ca/committees/nrfc
FPSE's Pension Advisory Committee provides advice and information to the FPSE Presidents' Council and locals on pension-related issues. Most members of the Federation of Post-Secondary Educators are members of the College Pension Plan. Through the Pension Advisory Committee and at member locals, FPSE provides education and training and pension and retirement issues.
More information: http://www.fpse.ca/committees/pac
Faculty and staff take pride in their role as professionals. In support of this, FPSE works to improve the ability of members to excel in their professions through collective agreement protection, through professional development activities and conferences, and through work on policy initiatives that give educators a role in shaping the teaching and learning environment. The Professional & Scholarly Development Committee (formerly the Professional Development Committee) provides a forum for sharing information.
More information: http://www.fpse.ca/committees/pasdc
Through legislation and collective agreements, educators are entitled to workplaces that are safe and free of harassment and that provide an environment in which diversity is respected. FPSE members care deeply about equality and social justice, not only in our working lives, but also in society at large. The Status of Women Committee works on strategies for achieving equality in our institutions and in our communities. FPSE representatives receive regular training on human rights and equality law and FPSE's Annual General Meeting offers participants an annual opportunity to explore current rights issues.
More information: http://www.fpse.ca/committees/sowc
The right to a safe and healthy workplace is of increasing importance to members. FPSE's Workplace Health, Safety & Environment Committee (formerly the Occupational Health & Safety Committee) brings together representatives from member locals to learn about legislative rights and to identify issues and trends in the post-secondary education sector.
More information: http://www.fpse.ca/committees/whsaec
Additional FPSE Committees
The Presidents’ Council directs the affairs of the Federation of Post-Secondary Educators between Annual General Meetings. The Council comprises the president of each FPSE member local and four provincial officers who are elected at the AGM, including the President and Secretary-Treasurer.
FPSE's Bargaining Coordination Committee actively monitors negotiations across the post-secondary education system and assists in coordinating bargaining. The committee works with FPSE's chief bargainers and reviews bargaining trends, undertakes research and identifies training needs. FPSE regularly offers labour relations training to member locals, at the committee level and for individual locals.
FPSE's Contract Administration Review Committee brings Chief Stewards together on a regular basis to coordinate and learn how best to protect collective agreement rights. Local stewards with time release handle most grievances in the initial stages. FPSE regularly offers labour relations training to member locals, through the Contract Administration Review Committee and through training sessions for individual locals.
The Working Conditions Committee (WCC) is chaired by the KFA VP Negotiations and is elected from the same faculty groups that elect voting representatives to the Executive Committee (defined in Article 4.1.3 of the Bylaws).
This committee carries out the business of bargaining. The committee develops the KFA’s proposals for bargaining and ensures the bargaining priorities of the membership are brought forward to bargaining. Once a tentative agreement has been made between the KFA and the Employer, the WCC reconvenes to make recommendations to the membership.
More information: Article 12.0.1 of the KFA Constitution & By-Laws
The Negotiating Committee is a sub-committee of the Working Conditions Committee. This smaller sub-group continues the work of WCC and participates directly in bargaining the Collective Agreement with the Employer.
More information: Article 12.0.2 of the KFA Constitution & By-Laws
The Union Counselling program, sponsored by the Kwantlen Faculty Association, is operated by faculty for faculty. Volunteer union counsellors are available to all KFA members and their families for any issues or problems of personal impact. It should be noted that the program does not offer counselling services in the traditional sense, but rather peer support that, in times of need, helps workers and their families access important social services in their own communities.
More information: http://www.kfa.bc.ca/unioncounselling.html
Lesbian, Gay, Bisexual, Transgendered, Queer, Two-Spirited Executive Representative and Working Group
The Lesbian, Gay, Bisexual, Transgendered, Queer and 2-Spirited (LGBTQ2S) Working Group is a brand new KFA committee. This group will make recommendations on initiatives the KFA should take to advance the diverse interests of lesbian, gay, bisexual, trans-gendered, queer and 2-spirited faculty members at Kwantlen. The Working Group will also make recommendations for initiatives that can be taken forward to FPSE.
Ad Hoc Committees
Ad hoc committees are created on an as-needed basis. A recent example of an ad hoc committee we have had includes a Member Engagement Committee which undertook to find ways to strengthen member engagement, and to look at how the KFA membership becomes aware of and involved in matters that concern us. Other ad hoc committees are formed from time to time and as needs arise.