Letter of Understanding Faculty of Music The Parties (The University of Western Ontario and the University of Western Ontario Faculty Association) agree to the arrangements outlined in the attached document regarding the application of First Refusal Status and First Refusal Rights to Part-Time Members involved in the teaching of studio and ensemble courses for the life of the Collective Agreement. Signed this 11 th day of March 2004 at London, Ontario Mike Dawes For the Association Alex Mercer For Management
STUDIO AND ENSEMBLE COURSES IN MUSIC Robert W. Wood, Dean Don Wright Faculty of Music February 10, 2004 We are having difficulty with status issues for LD appointments related to Studio and Ensemble courses offered in Music. The difficulties arise from clause 13 of the Appointments article in the 2002-06 Collective Agreement. This clause stipulates that First Refusal Status and First Refusal Rights are now determined for individuals courses. In the previous agreement, entitlement (defined through tier status) was FCE-based, with no reference to a specific course or courses. Following is a brief description of the problem for both course types and proposed solutions for your consideration. Studio Courses. Music majors are required to take Studio courses involving private instruction on a principal instrument, for most, in each year of their program. At both the graduate and undergraduate level, course numbers for Studio courses differ by both year and program, but not by instrument. For example, some of the students enrolled in Music 024 (this is the course number for first-year undergraduate Studio instruction) receive private instruction in one of several Piano studios, while others are in a Voice, Flute, Cello, etc. studio depending on their principal instrument. Each studio is instructed by one (Full-time or Part-time) instructor. As a further example, a second-year Piano major in the Performance program will be registered in Music 234, while a Piano major in the Music Education program will be registered in Music 224. However, both of these students may be assigned to the same studio (i.e., receiving lessons from the same instructor). The list of students for any studio reflects a considerable mix of course registrations which changes each year. Following is an example of a typical studio list, this for a PT instructor with 9 students. Course Number Description Number of Students Music 024 Applied Principal Instrument I 2 Music 324 Applied Principal Instrument III 2 Music 424 Applied Principal Instrument IV 1 Music 234 Applied Principal Instrument II (Performance) 1 Music 374 Applied Principal Instrument III (Performance) 1 Music 434 Applied Principal Instrument IV (Performance) 2 For Limited-Duties instructors, Studio courses are remunerated on an hourly basis (see Compensation and Benefits, Clause 44 of the Collective Agreement for details). Workload for Studio courses is also defined on an hourly basis; i.e., a specified number of hours (at the moment, six hours) of Studio course instruction is considered equivalent to a Full course. (The same FCE determination is used for both Full-time and Part-time instructors of Studio courses.)
The continual change in course registrations in a given studio from year to year will make it difficult for LD Members to acquire First Refusal Status as prescribed in the Collective Agreement. Ensembles. Music majors are also required to register in one of the major ensembles in each year of their program, and each year has a different course number. For example, students in the Symphony Orchestra will each be registered in one of Music 028, 228, 328, 428, or 528. Limited Duties Members who direct an ensemble are remunerated by ensemble (please see clause 44.c of the Compensation and Benefits article), not by course. In order to address the difficulties described above, I wish to make two proposals as follows. Proposal 1. I wish to propose that the following wording be used for clause 13 and 13.3 of the Appointments article when considering status as it relates to studio and ensemble courses in Music. The specific course numbers for studio and ensemble are listed in Appendix A and B respectively. 13. When a Part-Time Member has held a Limited-Duties Appointment to teach a particular full or half course in each of three fiscal years in a contiguous four fiscal year period and has been a Member while holding those Appointments, the Part-Time Member shall achieve First Refusal Status in the Unit where the course was taught and can, by application, exercise First Refusal Rights for that course. [For Studio] When a Part-Time Member has held a Limited-Duties Appointment to teach a particular studio in the Faculty of Music (a studio is defined as a group of students, each registered in one of the studio course numbers included in Appendix A, who are receiving private instruction on the same principal instrument from the same instructor) in each of three fiscal years in a contiguous four fiscal year period and has been a Member while holding those Appointments, the Part-Time Member shall achieve First Refusal Status and can, by application, exercise First Refusal Rights for that studio. Where enrolment permits, the number of hours of instruction assigned to a studio will be at least equal to that of the previous fiscal year. [For Ensemble] When a Part-Time Member has held a Limited-Duties Appointment to direct a particular ensemble in the Faculty of Music (an ensemble is defined as one of the major performing ensembles identified as such by the Faculty of Music with course numbers as shown in Appendix B) in each of three fiscal years in a contiguous four fiscal year period and has been a Member while holding those Appointments, the Part-Time Member shall achieve First Refusal Status and can, by application, exercise First Refusal Rights for that ensemble. 13.3 Subject to the provisions of Clause 11 of this Article, a Member with First Refusal Status in a Unit shall, upon application, have First Refusal Rights to a course advertised as a Limited-Duties Appointment in the same Unit if the Member has already been appointed at least twice to teach that course in the current or previous four fiscal years.
[For Studio] Subject to the provisions of Clause 11 of this Article, a Member with First Refusal Status in the Faculty of Music shall, upon application, have First Refusal Rights to a studio advertised as a Limited-Duties Appointment if the Member has already been appointed at least twice to teach that studio in the current or previous four fiscal years. [For Ensemble] Subject to the provisions of Clause 11 of this Article, a Member with First Refusal Status in the Faculty of Music shall, upon application, have First Refusal Rights to an ensemble advertised as a Limited-Duties Appointment if the Member has already been appointed at least twice to teach that ensemble in the current or previous four fiscal years. Proposal 2. I wish to propose that the terms studio and ensemble as defined above be used in place of the word course when considering renewable multi-year appointments in studio and ensemble courses in Music. (Again, the specific course numbers for studio and ensemble are listed in Appendix A and B respectively.) Renewable Multi-Year Limited-Duties Appointments of Part-Time Members 16. Subject to the provisions of Clause 13.7 of this Article, and subject to the provisions of the Article Retirement and Resignation, where a Member with First Refusal Status has been appointed to a Limited-Duties Appointment to each a particular course [studio] [ensemble] for four consecutive years, the Member shall be offered a Renewable Multi-Year Appointment to teach that course [studio] [ensemble]. Such an Appointment shall be for a minimum of two years and a maximum of five years, such term to be decided by the Appointments Committee. 16.1 A Dean may offer a Member with First Refusal Status a Renewable Multi-Year Appointment to teach a course [studio] [ensemble] for which the Member has First Refusal Rights. Such an Appointment shall be for a minimum of two years and a maximum of five years. 16.2 A Member is not obliged to accept an offer of a Multi-Year Renewable Appointment and declining such an offer shall not affect First Refusal Rights. 16.3 Any course [studio] [ensemble] taught under a Renewable Multi-Year Appointment shall not be advertised as a Limited-Duties Appointment. 16.4 A Member shall be given two years notice of non-renewal of a Renewable Multi-Year Appointment. This notice period may, at the discretion of the Dean, be replaced with severance pay in lieu of notice. Severance pay shall be one month s salary for the first year of service and an additional half month s salary for every additional year of service in the Limited-Duties Appointment; for this calculation, each Academic Term in which the Limited-Duties Appointment was held shall count as one third of a year of service. Non-renewal of a Renewable Multi-Year Appointment voids a Member s First Refusal Rights for the course [studio] [ensemble] in question, effective at the end of the notice period, or when the Member receives severance pay. 16.5 Notification of non-renewal of a Renewable Multi-Year Appointments shall be accompanied by a statement of the grounds upon which the decision not to renew the Appointment is based. These grounds shall be: a) that the need for the Appointment(s) will cease to exist for operational reasons; b) that the work of the Appointment is to be included in the Normal Workload of existing or new Full-Time positions; c) that the Member has failed to meet the Academic Responsibilities associated with the Appointment; or
d) any ground for dismissal as defined in the Article Discipline. 16.6 A Member holding a Renewable Multi-Year Appointment to teach a course [studio] [ensemble] continues to have First Refusal Status, and each year of the Appointment shall count towards maintenance of such Status.
APPENDIX A STUDIO COURSE NUMBERS IN MUSIC Undergraduate Music 024 Applied Principal Instrument I Music 044 Elective Applied Study I Music 144 Elective Applied Study II Music 224 Applied Principal Instrument II Music 234 Applied Principal Instrument II (Performance) Music 244 Elective Applied Study III Music 324 Applied Principal Instrument III Music 344 Elective Applied Study IV Music 374 Applied Principal Instrument III (Performance) Music 394 Recital Music 424 Applied Principal Instrument IV Music 434 Applied Principal Instrument IV (Performance) Music 438 Applied Principal Instrument Music 439 Recital Music 460 Applied Performance Instrument Music 461 Recital Music 494 Recital Graduate 502a/b/y. Applied Music. 508. Applied Music for Non-performance Majors. 509a/b/y. Applied Music for Literature and Performance Majors. 511. Recital. 584a/b/y. Applied Music. 585a/b/y. Applied Music 588. MMus Graduation Recital
APPENDIX B ENSEMBLE COURSE NUMBERS Orchestra Music 028 Orchestra Music 228 Orchestra Music 328 Orchestra Music 428 Orchestra Music 528 Orchestra Instrumental Ensembles Wind Ensemble Music 045 Wind Ensemble Music 245 Wind Ensemble Music 345 Wind Ensemble Music 445 Wind Ensemble Symphonic Band Music 051 Symphonic Band Music 251 Symphonic Band Music 351 Symphonic Band Music 451 Symphonic Band Jazz Ensemble Music 054 Jazz Ensemble Music 254 Jazz Ensemble Music 354 Jazz Ensemble Music 454 Jazz Ensemble UWO Singers Music 056 UWO Singers Music 256 UWO Singers Music 356 UWO Singers Music 456 UWO Singers Choral Ensembles Les Choristes Music 058 Les Choristes Music 258 Les Choristes Music 358 Les Choristes Music 458 Les Choristes
Chorale Music 079 Chorale Music 279 Chorale Music 379 Chorale Music 479 Chorale St. Cecilia Singers Music 086 St. Cecilia Singers Music 286 St. Cecilia Singers Music 386 St. Cecilia Singers Music 486 St. Cecilia Singers Early Music Ensemble Music 068 Early Music Ensemble Music 268 Early Music Ensemble Music 368 Early Music Ensemble Music 468 Early Music Ensemble