9. Collective Agreement Part 9 – Renewal of Appointment

9. RENEWAL OF APPOINTMENT

9.1              Limited Term Contracts (LTC)

Where possible, subject to 9.2.2.1, limited term contracts will be offered in The following situations:

a) For the temporary replacement of encumbered work. Work is considered to be encumbered when the work is part of the assignment of a regular faculty member who is on leave from their regular position or is on reassignment.

b) For carrying out unencumbered work, where VIU and VIUFA agree that such an offer is warranted.

Limited term contract faculty are expected to perform the full duties of a regular faculty member. Limited term contract postings will not be withheld for reasons related to budget or a review of the pool of potential or actual candidates.

9.1.1           The appropriate dean shall work with the affected department to identify, at least 3 months prior to the start date of such a contract, the work available, and to post the number and type of positions, the amount of work for each position, and the duration of the limited term contracts.

9.1.2            An LTC posting may be waived if there are one or more qualified temporary faculty in the department who have expressed an interest.

9.1.3           The limited term contracts may be terminated before the expiry date of the stipulated term, upon the early return of the incumbent, to be effective at the end of the semester closest to that return date. The LTC Instructor will be entitled to at least two months’ notice, or pay in lieu of notice, of such early termination.

9. 2       APPOINTMENT OF NON-REGULAR EMPLOYEES

9.2.1           Seniority of Non-Regular Faculty

Subject to subsequent provisions in this article, a non-regular faculty member whose initial evaluations have been satisfactory shall accrue seniority.

9.2.2           Accrual and Available Work

This clause applies to both non‑instructional and instructional faculty.

9.2.2.1        Work in a department will be assigned according to 10.4 to the regular faculty complement. Additional temporary available work in the same department will be offered, on the basis of seniority, first to qualified regular faculty on lay-off who have recall rights under Articles 6.11.1 and 6.11.4 and then to qualified regular faculty who have less than full workloads.  If there are two or more regular faculty with equal seniority, the allocation of available work will be made by a hiring committee as per Article 6.4.1.5. Additional available encumbered work may then be aggregated into limited term contracts, according to Article 4.1.

9.2.2.2        Subject to paragraph 9.2.2.1 above, additional available temporary work in the same department will be offered to qualified limited term contract faculty with seniority who have less than full workloads, who have received satisfactory teaching evaluations pursuant to Article 8.2. If there are two or more limited term contract faculty with equal seniority, the allocation of available work will be made by a hiring committee as per Article 6.4.1.5. Such work will be paid according Article 11.1.4.2 (Temporary Instructional Rate).

9.2.2.3        Subject to paragraph 9.2.2.1 and 9.2.2.2 above, additional available temporary work in the same department will be offered, on the basis of seniority, to qualified temporary faculty who have received satisfactory teaching evaluations pursuant to Article 8.3, provided that, notwithstanding articles 9.4.3 and 9.4.4, the additional work will not result in the temporary faculty becoming eligible for regularization pursuant to Article 9.4.1. If there are two or more temporary faculty with equal seniority, the allocation of available work will be made by a hiring committee as per Article 6.4.1.5. For the purposes of this article, externally hired instructors holding limited term contract will only accrue non-regular seniority after the completion of their first limited term contracts.

9.2.3            The length of contract will reflect the specific needs of the department. Where work is required on a continuous basis, appointments will be without breaks.

9.2.4            Additional available temporary work in Powell River will be offered on the same basis as paragraphs 9.2.1, 9.2.2.1, 9.2.2.2, 9.2.2.3 and 9.2.3 above, to faculty having done work for the University at Powell River within the preceding twenty-four months.

Additional available temporary work on Vancouver Island will be offered on a seniority basis to faculty having done work for the University on Vancouver Island within the preceding twelve months, using the processes in paragraphs 9.2.1, 9.2.2.1, 9.2.2.2, 9.2.2.3 and 9.2.3.

9.2.5            Upon agreement of the Association and the University, courses timetabled less frequently than once every twelve (12) months will be offered on a seniority basis to faculty having done this work for the University within the preceding twenty-four (24) months.

9.2.6            Field schools will not be considered additional available temporary work unless the Professor/Instructor who developed the field school declines the work.

9.3       LIMITATIONS ON USE OF NON‑REGULAR POSITIONS

9.3.1           Creating ongoing faculty appointments in a sustainable way provides the best conditions for ensuring program viability, student success, and employee satisfaction. Therefore, where ongoing workload is sufficient, the University shall recruit and appoint regular, rather than non-regular faculty members.

9.3.2           Where ongoing full-time work is created (e.g. through the addition of new programs) which can be filled by a single faculty member, a regular position will be created.

9.4       CONVERSION OF FACULTY (INSTRUCTIONAL AND NON-INSTRUCTIONAL) TO REGULAR STATUS

Nothing in Article 9.4 prohibits the Employer’s right to regularize any position as it deems necessary.

When additional ongoing regular work becomes available, the Academic Administrator, in consultation with the department, shall consider increasing the ongoing workload of qualified regular faculty members in the department with less than a full-time appointment; and this will be done prior to any posting of this work.

9.4.1           Regularization of Non-Regular Faculty

9.4.1.1        Eligibility Requirements

9.4.1.1.1     Temporary Faculty

A temporary faculty member shall be entitled to be converted to regular status where the temporary faculty member has worked not less than two consecutive academic years immediately preceding regularization with an annual workload of fifty percent (50%) or greater with work in each of the fall and spring semesters in each of those two consecutive academic years, provided:

a) There is a reasonable expectation of ongoing employment for which the temporary faculty member is deemed qualified pursuant to (c) below at a workload of not less than fifty percent (50%) of an annual full-time workload with work in each of the fall and spring semesters in the next academic year;

b) The evaluations of the faculty member during the two consecutive academic years immediately preceding regularization have been deemed satisfactory. An employee will be deemed to have received a satisfactory evaluation if one has not been performed.

c) A duly constituted selection committee (Article 6.4.1.6), in the applicable seniority group(s), deems the faculty member qualified for the work available.

9.4.1.1.2      Limited Term Contract Faculty

A limited term contract Instructor shall be entitled to be converted to regular status where the limited term contract Instructor has completed no fewer than two consecutive contractual terms totaling at least two academic years as a limited term contract Instructor, while maintaining a workload of 50% or greater in each of those academic years, provided:

a) There is a reasonable expectation that the workload performed by the limited term contract Instructor will be unencumbered and ongoing after the conclusion of the last limited term contract and

b) The evaluations of the faculty member during the two consecutive academic years immediately preceding regularization have been deemed satisfactory. An employee will be deemed to have received a satisfactory evaluation if one has not been performed.

In the case of workload that becomes unencumbered, and notice of this is given to VIU by February 1, then if VIUFA is provided with notice by February 15 at the latest that the workload in the following academic year will be filled through a posted vacancy, that work is not eligible for regularization. If the Employer receives notice after February 1 that the work will no longer be encumbered, then the deadline for notice to VIUFA is the following February 15 at the latest and the Limited Term Contract instructor will be offered a one year extension of their contract.

For the purposes of determining eligibility for regularization, only the workload and releases associated with that workload will be considered.

9.4.1.1.3     Temporary Non-instructional Faculty

A temporary non-instructional faculty member shall be entitled to be converted to regular status when the temporary faculty member has worked an average non-instructional workload of at least fifty percent (50%) in each year in the immediately preceding two (2) year period, provided:

a) There is a reasonable expectation of ongoing employment for which the faculty member is deemed qualified at a workload of not less than fifty percent (50%) of a full-time workload.

b) The evaluations of the faculty member during the two (2) years preceding regularization have been deemed satisfactory.

c) This provision applies to temporary non-instructional faculty hired after April 1, 2020.

d) If non-instructional workload becomes unencumbered within 60 calendar days of the end of the two (2) year eligibility period, the University will have up to 60 calendar days from the date that work becomes unencumbered to make a determination on the conversion of the faculty member to regular status or to post a vacancy. The University will so notify VIUFA.

e) The regularization shall be effective upon the date that the faculty member has satisfied the two year eligibility period.

9.4.1.2        Initial Regular Appointment

The initial regular appointment workload shall be based on the workload available at a minimum of the lesser amount of workload in each of the two qualifying years.

Where the regular appointment is for an annual workload of 50% or greater averaged over the academic year  but the actual workload assignment is less than 50% in one semester (e.g., 75% Fall Semester and 25% Spring Semester), payment of salary shall reflect the variation in workload (e.g., 75% of full-time paid for six months and 25% of full-time paid for six months) and the faculty member will be responsible for paying both the employer and employee portions of benefit premiums in order to maintain benefit coverage during the period(s) where the actual workload is less than 50% (Article 13).  If the reason for the workload falling below 50% in any one semester is due to the regular workload being assigned over more than two semesters during the appointment year (i.e., part of the workload is assigned during special session as per Article 10.2.1.2.2), salary payment and benefits will be averaged over the full appointment year.

The initial regular appointment shall be for a probationary period of two years (Article 6.1.1).

9.4.1.3        Seniority

a) Where a non-regular faculty member is offered regular status pursuant to Article 9.4.1, the time served under the eligible non-regular contracts and accrued as non-regular seniority shall be counted towards the faculty member’s regular seniority as described in Articles 6.2.1 and 6.2.3 of the Collective Agreement. Non-regular seniority shall be counted to a maximum of 0.125 credits less than the regular seniority credits of the regular faculty member(s) employed as of four (4) months prior to the date of regularization with the least seniority in the seniority group(s) as of the last day of the biweekly pay period ending immediately prior to the effective date of the regularization.

b) Should lay off subsequently be necessary and two or more faculty members have equal regular seniority credits within the seniority group affected, non-regular seniority credits which were accrued to the date of regularization but were not eligible for conversion to regular seniority under Article 9.4.1.3(a) will be considered for the purpose of determining which of the faculty members with equal regular seniority is considered to be more senior. If, after considering any non-regular seniority credits which were not converted to regular seniority, the seniority credits of two or more of the faculty members continues to be equal, the determination of the least senior faculty member shall be by chance.

9.4.2            Regularization of Temporary Workload for Regular Part-Time Faculty

9.4.2.1        Eligibility Requirements

A regular part-time faculty member shall be entitled to have their regular workload appointment increased on an ongoing basis where the regular part-time faculty member has been assigned a temporary increase in workload of twenty percent (20%)* or greater in addition to their regular part-time workload assignment for not less than two consecutive academic years, provided:

a) There is a reasonable expectation of the continuation of the temporary workload for which the faculty member is deemed qualified at a workload of not less than twenty percent (20%)* of an annual full-time workload in the next academic year;

b) The evaluations, if any, of the faculty member during the two consecutive academic years immediately preceding regularization have all been deemed satisfactory; and

c) A duly constituted selection committee (Article 6.4.1.5), in the applicable seniority group(s), deems the faculty member qualified for the work available.

*If the appointment is 81% or greater, any percentage less than 20% will result in an increased regular workload to a maximum of 100%, provided all the criteria in this section are met.

The resulting regular workload cannot exceed a one-hundred percent (100%) workload.

The academic year is deemed to commence August 1 and include workload during the subsequent fall, spring and special session (intersession/summer) semesters.

Temporary work preceding the date of the initial regular appointment will not be recognized for the purpose of determining eligibility for regularization.

9.4.2.2   Furthermore, the following language applies to 9.4.1.1.1 (Temporary Faculty), 9.4.1.1.2 (Limited Term Contract Faculty) and 9.4.2.1 (Regular Part Time):

The resulting regular workload cannot exceed a one-hundred percent (100%) workload.

The academic year is deemed to commence August 1 and include workload during the subsequent fall, spring and special session (intersession/summer) semesters.

For the purpose of determining eligibility for regularization, the following workload components will be excluded:

i. Directed Studies;
ii. Non-release section(s) of Prior Learning Assessment;
iii. Overload;
iv. Contract activity not related to the normal delivery of credit instruction during the fall and/or spring semesters;
v. Courses taught outside the normal fall and spring semesters unless the course is required and designated to be taught in special session in the official program outlined as approved by Senate;

Should an evaluation of a temporary faculty member be deemed unsatisfactory and if the temporary faculty member continues employment, a subsequent accrual period for determining eligibility for conversion to regular status shall commence from the start of the semester following the semester in which the unsatisfactory evaluation was conducted.

9.4.3    It is acknowledged that courses shall not be scheduled for the primary purpose of avoiding provisions related to regularization.

9.4.4 If any non-regular faculty member believes that the regularization provisions of the collective agreement have been violated (with respect to their assignment, including an assignment in replacement of a faculty member who has chosen to phase in their early retirement), they may request a review of the assignment by the Vice-President Academic & Research, who will render a written conclusion with a copy to the VIUFA Chief Personnel Steward.

9.4.5    In addition, the Vice-President Academic and Research will meet with the VIUFA Chief Personnel Steward by no later than March 31^st of each year to review and analyze data related to regularization to assess the overall effects of the regularization provisions.

9.4.6    A faculty member will not be discriminated against in any future hiring as a result of a choice to exercise rights under Article 9.4.4.