MANITOBA INSTITUTE OF TRADES AND TECHNOLOGY -- Memo of Understanding

TEACHERS PERFORMING INSTRUCTOR ROLES

WHEREAS:

MITT operates predominantly as a post-secondary, vocational education institution;

MITT employs Association members who historically taught courses provided to a combination of secondary and post-secondary students;

Over time, through attrition and a change in programming demand, including changes to various agreements with Manitoba public school divisions, MITT’s focus has moved towards greater post-secondary programming and, correspondingly, fewer secondary students;

As a consequence of the increase in post-secondary programming (and corresponding decrease in secondary courses), a number of Association members are teaching post-secondary courses. This Memorandum of Understanding applies to those Association members who are exclusively teaching post-secondary students, prior to the effective date of this Memorandum of Understanding, as well as those Teachers who will transition from partial post-secondary delivery to exclusive post-secondary delivery effective September 2021 (hereinafter defined as the “Teacher(s)”); and

In recognition of the service provided by the Teachers to date, the Association and MITT are entering into this Memorandum of Understanding.

NOW THEREFORE, in consideration of the premises and mutual covenants herein set forth, the parties hereby agree to the following:

This Memorandum of Understanding is made separate and apart from the Collective Agreement between the Association and MITT.

The Association recognizes that MITT does not require Association members to provide instructional services to post-secondary students, which instructional services are provided by non-Association employees (“Instructors”).

MITT recognizes the value and contribution of the Teachers who have traditionally provided services under the Collective Agreement between the Association and MITT.

In recognition of those services, MITT is prepared to legacy those Teachers in their existing positions with MITT, which would have otherwise been staffed with Instructors, on the terms and conditions set out in this Memorandum of Understanding.

The Teachers, who are listed at Schedule “A” as attached hereto, shall remain employees of MITT and shall receive the compensation, benefits, rights, and protections as are set out in the Collective Agreement between the Association and MITT and in legislation applicable to Association members, subject to the eligibility requirements of the respective benefit plans, and subject to the modifications set out in this Memorandum of Understanding.

The Teachers shall each be entitled to remain members of the Association until such time as their employment with MITT is terminated, for any reason whatsoever, including but not limited to, resignation, retirement, and/or termination of employment. In the event that a Teacher voluntarily accepts a different position with MITT, said Teacher will be deemed to cease being covered by this Memorandum of Understanding unless continuance under the Memorandum of Understanding is mutually agreed to by the Association and MITT.

MITT and the Association expressly acknowledge and agree that the provisions of the Collective Agreement as between the Association and MITT are modified as it pertains to their application to the Teachers, as set out in Schedule “B”, as attached hereto.

If the Manitoba Teachers’ Society (“MTS”) replaces the Association as the bargaining agent of the Teachers, MITT expressly acknowledges and agrees that the Teachers shall receive the compensation, benefits, rights, and protections as set out in any future collective agreements settled between MTS and MITT and in legislation applicable to MTS members, subject to the eligibility requirements of the respective benefit plans, and subject to the modifications set out in this Memorandum of Understanding.

MITT and the Association expressly acknowledge and agree that the Instructor positions occupied by the Teachers are out of scope positions and that once the Teacher ceases employment with MITT in accordance with paragraph 6 herein, the position will no longer require staffing by a member of the Association (i.e. a Teacher). Similarly, if a Teacher who is occupying an Instructor position voluntarily accepts a different position with MITT, their former Instructor position will no longer require staffing by a member of the Association.

In the event of a Teacher absence from work for any duration of time, including but not limited to a transient illness and/or any leave of absence, the Association expressly acknowledges and agrees that MITT will be permitted to replace the Teacher for the duration of the absence with an Instructor until such time as the Teacher returns from the leave of absence.

In the event that a conflict arises between the terms of the Collective Agreement and the operational needs of MITT as a result of the fact that the Teachers exclusively teach post-secondary courses (as opposed to secondary courses), or a dispute arises in relation to the terms and/or application of this Memorandum of Understanding, the parties agree to make best efforts, in the spirit of this Memorandum of Understanding, to meet and to resolve the issues within fifteen (15) days of the date of request by either party to meet. In the event the parties are unable to resolve the issue, the parties will use the arbitration process as set out in the Collective Agreement to resolve the dispute.

This Memorandum of Understanding is intended to remain in force until such time as the cessation of employment of the last Teacher, as identified in Schedule “A”, and shall only apply to the Teachers listed in Schedule “A”. For greater certainty, it is acknowledged and agreed by the parties that this Memorandum of Understanding does not apply to Association members teaching at Adult Learning Centres and/or members with no history of post-secondary instruction at MITT prior to the effective date of this Memorandum of Understanding.

Association members who are not exclusively teaching post-secondary courses but have taught a combination of secondary and post-secondary students, prior to the effective date of this Memorandum of Understanding, are listed in Schedule “C”, as attached hereto. The parties agree that if any of the Association members listed in Schedule “C” cease to teach any secondary courses and exclusively teach post-secondary courses, then they shall be added to Schedule “A”, by amendment, and this Memorandum of Understanding shall apply to them.

Any additional Association members employed by MITT, who are not included in Schedule “A” or “C” at the time of signing, may be added to Schedule “A” by amendment, upon the agreement of the Association and MITT.

Collective Agreement

Work Year (Article 7)

Article 7 – Work Year shall apply, except that 7.04(b) “College Year” is replaced by the following with respect to the Teachers: “College Year – College year shall mean the one year period beginning the last Monday in August in any year.”

The parties agree that Teachers listed on Schedule “A” hereto may elect to take on additional work that is outside the scope of the Collective Agreement, beyond their positions with MITT. Any such additional work shall be excluded from the total number of days a Teacher works in a College Year pursuant to article 7.01 of the Collective Agreement and this Memorandum of Understanding, and MITT shall have the sole authority to determine the compensation for such work.

Article 21 - Layoffs

Teachers listed on Schedule “A” hereto shall be afforded the same seniority and layoff provisions as provided in the Collective Agreement, subject to the following modifications.

Further to the above, the parties agree the following modifications to Article 21 – Layoff shall apply:

Article 21.12 (b) shall be amended to include:

Qualifications shall include a member’s qualifications in the post-secondary field of study, similar to the assessment for secondary vocational teachers.

Article 21.13 shall not apply and shall be replaced by the following:

In the event of a lay-off, the Institute or its designate shall meet with the Executive of the Association to discuss the implications of the possible layoff and to provide a copy of the seniority list.

Article 21.14 shall not apply and shall be replaced by the following:

Notice of layoff shall be given to the teacher laid off by registered mail not less than thirty (30) calendar days before the date of layoff. It is understood that layoffs may occur at any time.

MANITOBA INSTITUTE OF TRADES AND TECHNOLOGY

EFFECTIVE PERIOD: 2018/07/01 - 2022/06/30

Memo of Understanding

Schedule "A"

Schedule "B"

Schedule "C"