Collective Agreement Part 6 – Seniority, Promotions, Hiring and Layoffs

Collective Agreement Part 6 – Seniority, Promotions, Hiring and Layoffs

6.         SENIORITY, PROMOTIONS, HIRING AND LAYOFFS

 

6.1       PROBATIONARY EMPLOYEES

 

6.1.1           First Regular Faculty Appointments

 

Initial appointments for all regular faculty are for a probationary period of two years.

 

6.2       CALCULATION OF REGULAR SENIORITY

 

6.2.1           The means of establishing seniority within the bargaining unit, as defined in Article 2.1 of this agreement, shall be:

 

“Seniority is defined as full‑time years of continuous University service within the bargaining unit, inclusive of approved leaves or exchanges.  Any regular faculty member whose continuous University service included non-regular status shall have this time calculated on a cumulative basis (e.g. 2 years at half‑time = 1 year at full-time).”  (It should be noted that in lay-off considerations discussed in Article 6.6, seniority shall override contract renewal dates.)

 

6.2.2           Full‑time appointments of at least 32 weeks shall be considered equal and equivalent to one full unit of seniority credit.

 

6.2.3           When a faculty member is given a regular contract after serving at Vancouver Island University on a non-regular contract, the time served under the non-regular contract shall be counted towards the faculty member’s seniority to a maximum of 0.125 credits less than the regular seniority credits of the regular faculty member(s) 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 regular contract providing the regular contract commences within ten months of the last non-regular contract.

 

6.2.4           Seniority shall be represented as credits such that one credit equals one year of full‑time service.  No faculty member shall accumulate more than one credit in one year.  Partial credit (without limitation of size of fraction) shall be given in those cases where leaves or appointments other than a full-time appointment have occurred.  The date of original appointment continuous with the current appointment shall be printed with the seniority credits.

 

6.2.5           Assignment to Seniority Group

 

The terms of the original appointment of any Association member shall include assignment to a seniority group.

 

6.2.6           Assignment of existing faculty to a seniority group will be in accordance with the major instructional or non‑instructional regular assignment over the past two (2) years, excluding temporary secondments.  Faculty members with ongoing appointments in more than one seniority group will accumulate seniority equivalent to their full appointment in each of the seniority groups to which they are appointed.  This shall be determined by November 30th of each year.  A copy of the list shall be forwarded to the Chief Personnel Steward of the Association, and a further copy distributed to each instructional and non‑instructional group.  All new faculty appointments, courses, programs or services will be assigned to a seniority group at the time of appointment or implementation.

 

6.2.7           Time spent on professional development assisted and unassisted leaves (as approved as professional development by the appropriate authority when the leave was determined to be P.D. Leave) or exchanges shall be calculated towards seniority with full credit.  Sick leaves and maternity and parental leaves shall be calculated towards seniority with full credit up to fifteen (15) months maximum.

 

6.2.8           The seniority groups currently agreed upon are:

Access Services

Accounting

American Sign Language Interpreters

Anthropology

Art and Design

BA Degree Advisor

Baccalaureate Nursing

Biology

Campus Career Centre

Centre for Innovation & Excellence in Learning

Chemistry

Child & Youth Care

Chinese

Classics, Philosophy & Religious Studies

Community Planning

Community Support Worker

Computer Support

Computing Science

Counselling

Creative Writing and Journalism

Criminology

Dental Hygiene

Early Childhood Education and Care

Earth Sciences

Economics

Education

Educational Advising

English (26)

Enrollment Management

Finance (8)

Elders

First Nations Student Services

First Nations Studies

Fisheries & Aquaculture

Forestry

French

 

Geography

History

Horticulture

Hospitality Management

International Education Student Advisor

Japanese

Liberal Studies

Library

Management

Marketing

Mathematics

MBA Hertfordshire

Media Services

Media Studies

Music

Physical Education

Physics

Political Science

Practicum Liaison, Health Programs

Practicum Liaison, Human Service         Programs

Psychology

Quantitative Methods

Recreation Administration/Tourism

Research Chair

Resource Management Officer Technology

Social Work

Sociology

Spanish

Student Financial Services

Theatre

University Affairs

Women’s Studies

Writing Centre

 

 

6.2.8.1        Additions, deletions, or changes may be made to the agreed upon list of seniority groups by mutual agreement of the parties to this agreement.

 

6.2.9           The Seniority list for Article 6.2.6 shall be published yearly by November 30. Copies of the seniority lists shall be sent to the Deans and the Association’s President and Chief Personnel Steward of the Association on or before the respective deadlines.  Appeals of placement on these lists can be made through the Committee of Personnel Stewards of the Association within ninety days of circulation.  Disputes shall be resolved by a joint committee consisting of the Chief Personnel Steward of the Association, President of the Association, the appropriate senior administrator and the Executive Director of Human Resources.

 

6.2.10         A flagging mechanism shall be employed to indicate any faculty member who has seniority accumulation different from the difference between the faculty member’s date of original appointment and the date of the seniority lists.

 

 

6.3 JOB POSTINGS AND VACANCIES

 

The University shall provide, to the Association, a copy of all job postings and of all appointment forms at the time they are processed in Human Resources.

 

6.4       HIRING PROCEDURES

 

6.4.1           Recruitment of Faculty

 

6.4.1.1        References to Vice President in this Article shall include the Vice President Academic and, where appropriate, the Vice President of Administration and Finance.

 

6.4.1.2        “The appropriate senior administrator(s)” shall refer to the Dean(s), or Director(s), or Regional Campus Academic Administrator(s) who take(s) the responsibility designated in Article 6.4.1.5.

 

6.4.1.3        Where a position to be filled is a regular position, the appropriate senior administrator shall develop the job posting after effective consultation with members of the department.

 

6.4.1.4        Should there be any substantial changes in a posted or advertised position in the terms or length of appointment prior to the position being offered an applicant, the position shall be re-posted and re-advertised.  Such changes do not include changing the position from permanent to non-regular.

 

6.4.1.5        All applications for instructional and non-instructional positions shall be indexed by the Executive Director of Human Resources.  Files of applicants shall be maintained in the office of the Executive Director of Human Resources and shall be made available to the appropriate senior administrator(s) and Chair(s), subject to the maintenance of strict confidentiality.

 

6.4.1.6        The appropriate senior administrator(s) shall be responsible, in cooperation with a Selection Committee consisting of her/himself, the appropriate Chair(s) and faculty members from the appropriate department(s) or service group(s), for developing procedures to screen applicants, preparing a short list of applicants, conducting interviews, and making recommendations of candidates for each position.

 

Requirement for a Selection Committee may be waived with the mutual agreement of the appropriate senior administrator(s), the appropriate Vice President and the appropriate department(s) or service group(s).

 

6.4.1.6.1     If the position to be filled is a regular one, a faculty member from outside the department(s) or service group(s) under consideration (preferably from outside the area(s) of responsibility of the senior administrator(s) concerned) shall be included in the process described in Article 6.4.1.5.

 

A non-regular faculty member will be granted an interview for a regular position being filled through the recruitment process set out in Article 6.4.1 subject to the following conditions:

 

  1. a) The faculty member’s last evaluation was satisfactory.
  2. b) The faculty member meets the minimum qualifications established for the position.

 

6.4.1.6.2     If the position to be filled is a limited term contract Instructor, a search will be conducted, and if a qualified internal candidate exists, a selection shall be made from the internal candidates. If there are no qualified internal candidates, external candidates will be considered. Internal searches are open to candidates who have regular seniority, non-regular seniority, are on limited term contracts or who have completed a limited term contract within the previous twelve months.

 

6.4.1.7        The Chair of the Selection Committee shall advise the appropriate member of the Executive of the short-listed candidates for a regular position.  Candidates on the short list are then invited to the campus by the Chair of the Selection Committee.

 

6.4.1.8        The Chair of the Selection Committee or designate, with due regard to confidentiality, shall coordinate visits to the University by the short-listed candidates for a regular position.  The Chair shall attempt to ensure the appropriate member of the Executive and other relevant individuals and groups in the University have the opportunity to meet the candidate and to express to the Chair their views on each candidate.  The Chair shall ensure a record is maintained of any such information presented and that record shall for part of the documentation for the selection process.

 

6.4.1.9        The Chair of the Selection Committee, in co-operation with the Selection Committee, shall make recommendations to the Vice President for a regular appointment, and the Vice President, if he/she approves, shall recommend to the President that the formal offer of appointment be made.  Dissenting views shall accompany recommendations of the appropriate senior administrator(s) and Vice President.

 

6.4.1.10      The procedure for the initial placement of a new faculty member on the salary schedule is described in Article 11.4.

 

6.4.1.11      In the recruitment of non-regular faculty, the responsibilities identified for the Vice President may be carried out by the appropriate senior administrator(s).

 

6.4.2           Selection of University Administrators

 

6.4.2.1        Appointments of senior administrators related to instruction, instructional services and student services including the Vice Presidents Academic, Deans, Executive Directors, Directors, and Regional Campus Academic Administrators shall be made according to the University Act.  It is recognized however that such persons should be appointed only after wide consultation within the University community.  Therefore, in order to assist the University Board in the selection of an Academic Administrator, a Selection Committee which shall include faculty representation shall be constituted.  These faculty representatives shall be selected by the faculty.

 

6.4.2.2         Selection of Academic Administrators

 

6.4.2.2.1

 

This provision applies only to Academic Administrators other than at the Vice-Presidential level and above.  Appointments of Academic Administrators shall be made only after wide consultation with the University community and, specifically, after consultation with the members of a Faculty or area(s) reporting to the administrator.  Appointees are expected to hold appropriate academic qualifications as specified for the position.
6.4.2.2.2 Appointments of Academic Administrators shall be open to internal and external applicants.
6.4.2.2.3 The selection committee for an Academic Administrator will have a minimum of one Association Member on it providing that that Academic Administrator supervises at least one VIUFA bargaining unit member. At least two thirds of the selection committee membership shall be made up of the unionized employees supervised by the Academic Administrator. The percentage of Association members on the selection committee shall not be less than two thirds multiplied by the percentage of unionized employees supervised by the Academic Administrator who are VIUFA members .  Such members will be selected by and from the VIUFA members supervised by the academic administrator. The selection committee shall be chaired by the person to whom the Administrator reports or that person’s designate.
6.4.2.2.4 Academic Administrators’ rights to a teaching position:

 

a) An Academic Administrator shall have the right to assume a teaching position in the bargaining unit on the completion of his or her appointment providing that the duration of that appointment, including renewals, is at most 10 years.

 

b) The selection process will involve a representative selection committee that will shortlist candidates, conduct interviews, and make recommendations to the President.

 

c) An external candidate shall not be short-listed for a position as an Academic Administrator unless the department into which the Academic Administrator would have the right to assume a teaching position determines that he or she is qualified to teach in that department.

 

d) When an Academic Administrator completes his or her term(s), if he or she wishes to assume a faculty position, a regular position in his or her discipline shall be created if there is no suitable vacant position available.  Where the Academic Administrator was a member of the VIUFA prior to selection as an Academic Administrator, he or she has the right to return to his or her original position as a faculty member with full seniority.

 

e) If an externally hired Academic Administrator is successful in being renewed, that Academic Administrator shall start to accrue VIUFA seniority at the start of the second appointment.

 

6.4.2.2.5 Terms for Academic Administrators shall be at most 5 years in duration and may be renewed for further terms of at most 5 years in duration. For an Academic Administrator to be renewed, that Academic Administrator must receive at least 60 percent approval of those casting a ballot in a secret ballot of the employees supervised by the Academic Administrator. The ratification vote shall be conducted by secret paper ballot, and either party may scrutinize the ratification vote. The vote shall happen only after at least one week’s notice is given. The results of the ratification vote, including the number of eligible voters, spoiled ballots, and affirmative votes, will be published.

 

 

 

NOTE: This does not retroactively change the duration of the term of any existing senior administrator

 

6.4.2.3        Selection and appointment of the University President is the duty and responsibility of the University Board.  It is recognized however that the President should be appointed only after wide consultation within (and perhaps outside) the University community.  Therefore in order to assist the University Board in this task a Search Committee which shall include faculty representation shall be constituted.  These faculty representatives shall be selected by the faculty.

 

6.4.2.4        Additional staff, student, or community representatives, up to a number equal to the number of Association members on the Search Committee for the President may also be invited by the Committee, as constituted in Article 6.4.2.2, to serve as voting members of the Committee.

 

6.4.2.5        It shall be the responsibility of the Search Committee to recommend a short list to the University Board or President for appointment to the office in respect to which it is struck.

 

6.4.3            Selection of Provost and Vice-President Academic

 

6.4.3.1          Appointments of the Provost and Vice-President Academic shall be made according to the University Act.  It is recognized however that such persons shall be appointed only after wide consultation within the University community.  Therefore, in order to assist the President in the selection of a Provost and Vice-President Academic a Selection Committee, which shall include faculty representation, shall be constituted.  These faculty representatives shall be selected by the faculty in accordance with procedures established for Senate Elections. No two elected faculty will come from the same Faculty or service group.  The number of faculty on the Committee shall be not less than 25% of the Committee exclusive of those faculty members who may be appointed by the University.  In addition, the VIUFA President or designate shall be appointed to the selection committee.

6.5       TRANSFERS

 

6.5.1           Internal Transfer and Secondments

 

6.5.1.1         “Internal Transfer” means transfer either to an excluded position, another position within the bargaining unit, or to a position within another bargaining unit at the University.

 

6.5.1.2        “Secondment” means movement to an external employer. A secondment can be initiated by the employer or by the faculty member. A secondment will benefit the University. The secondment must have a definite end date, with no expectation of continuing re-assignment or employment.

 

6.5.1.3        If the secondment or internal transfer involves a change in the conditions of employment and/or roles and responsibilities of the faculty member, the Faculty Association and the University will document the secondment/internal transfer agreement that will clarify the application of salary and benefits continuation and the application of seniority provisions.

 

6.5.1.4        Faculty members may accept an internal transfer or secondment and shall accrue seniority for a maximum of three consecutive years except as otherwise provided in this agreement.

 

6.5.1.5        Upon completion of the internal transfer or secondment, faculty shall return to full status within the Association for a period of one year or the length of assignment, whichever is less, before accepting another internal transfer or secondment.

 

6.5.1.6        Except as otherwise provided in this agreement, faculty who continue on internal transfer or a secondment for a period greater than three consecutive years shall lose all seniority credits within the Association Bargaining Unit.

 

6.5.1.7        The University shall not use reassignment, secondment or internal transfer for the purpose of attempting to circumvent its obligation under the Collective Agreement.

 

6.5.2           In the case where a faculty member works within more than one seniority group he or she shall be considered to be on loan from that seniority group consistent with the member’s original appointment and he or she shall revert back to that group when the assignment in the other unit he or she is filling is terminated.

 

6.5.3           Home Campus

 

Within this agreement home campus shall refer to the campus at which a regular or limited term contract faculty member was originally appointed to undertake the majority of his/her designated duties.  The faculty member may have his/her home campus changed only on the consent of that faculty member and agreement of the appropriate Senior Administrator.  The Chief Personnel Steward of the Association shall be informed of any transfer of home campus prior to that transfer.  Compensation for transfer of home campus shall be as stated in Article 6.5.4.

 

6.5.4           Transfer Expenses

 

Employer initiated transfer to a campus other than the one which a faculty member was originally assigned shall be assisted by the University in the form of, but not limited to, moving expenses which shall include the cost of moving and insuring the move of household furniture and personal effects to a maximum of $2,500.00.

 

6.6       LAY OFF

 

6.6.1           Reasons For Lay Off

 

6.6.1.1        Elimination of regular positions by the University for budgetary reasons, or for reasons of program redundancy, including the non‑viability of non‑teaching positions as a result of the preceding, will be carried out in accordance with this section.

 

6.6.1.2        This section does not include the elimination of regular faculty members through suspension, leave of absence, exchanges, resignations or those circumstances covered under Articles 7 and 8.

 

6.6.1.3        The ending of a limited term contract Instructor appointment does not constitute a layoff.

 

6.6.2           Application

 

All faculty, whether or not they are on leave, shall be subject to the conditions of this section.

 

6.6.3           Definitions

 

The following definitions apply throughout Article 6.6:

 

6.6.3.1        “Lay off” refers to the loss of the employment specified in a faculty member’s regular contract.

 

6.6.3.2        “Seniority” is defined in Article 6.2.1 of this agreement.

 

6.6.3.3        “Bumping” is defined as the displacement of a faculty member in another department, program or service area, by a member with more seniority within the Association bargaining unit.

 

6.6.3.4        “Program” means a program as defined by the Senate.

 

6.6.3.5        (a) “Program Redundancy” arises when the Board accepts a recommendation from the Senate that a program can be discontinued.

 

(b) “Suspension” arises when the Board accepts a recommendation from the Senate that a program be suspended.

 

 

6.6.4           Seniority Principle and Seniority Groups

 

It is recognized that the principle of seniority shall govern the application of this Article.

 

6.6.4.1        It is recognized that the selection of faculty members to be laid off within one of the groups identified in Article 6.2.8 shall be in reverse order of seniority subject to the senior employee(s) having the qualifications to perform the remaining work available within the group following the effective date of lay off.

 

6.6.4.2        Notwithstanding the above, no faculty member employed by the University as at May 1, 1993 who has at least fifteen years of seniority will be laid off if there are junior faculty members remaining in the group to which the faculty member is assigned.

 

 

6.6.4.3        Faculty with more than 15 years of seniority, as of May 1, 1993, will not be laid off except in cases where a program redundancy has been declared, or in a non‑instructional area where there is no longer a demonstrable need for the service.

 

6.6.4.4        Except where a Program Redundancy or suspension has been declared, a faculty member cannot be laid off if the result of that lay off would be that a program would be discontinued or suspended.

 

6.6.5           University Responsibilities

 

6.6.5.1        It is recognized that the University has a responsibility to explore all alternative ways of preventing the lay off of regular faculty members.

 

6.6.5.2        It is further recognized that the University must have bona fide reasons for the lay off of regular faculty members.

 

6.6.5.3        The University shall not prepare budgets in such a way that any faculty position or alternative position is financially unsupportable for the purpose of bypassing the steps outlined in Article 8.2.1.

 

6.6.5.4        On or before October 15th of each year, the University will meet with the Association to present preliminary budget assumptions for the following academic year. The University will give notice at this meeting if there are budgetary shortfalls projected for the following academic year.

 

6.6.5.5        If notice was given according to 6.6.5.4, then the University shall, on or before December 15th give notice to the Association if it is expected that the budgetary shortfall will precipitate faculty layoffs.

 

In the absence of such notice on or before December 15, there shall be no layoffs except in the case of a Program Redundancy.

 

6.6.5.6.       The University will provide to the Association:

  1. a) Annual Audited Financial Statements including all related Variance analysis reports;

(b)            Quarterly Management Variance and Forecast reports;

(c)            The Draft Annual Budget Plan prepared for Board approval;

(d)             The consolidated budget submissions from Deans and Directors as presented to the Vice Presidents;

(e)              The annual CAUBO Information Return; and

(f)              the University will provide additional detailed information related to the documents in (a)-(e) above, upon request by the Association.

 

6.6.5.7        The information listed in 6.6.5.6 will be provided to the Association as soon as available.

 

6.6.5.8        If notice of layoff for budgetary reasons is given, the University shall:

(a) provide to the Association any further information that the Association requests that is pertinent to the budgetary shortfall or its remedy, and

(b) allow the Association prior to January 15th, the opportunity to make proposals to the University to avoid the layoffs.  If any of the proposals are not implemented and layoffs are not avoided, the Association will be notified as to the reasons for the rejection of the alternatives to layoffs.

 

6.6.6           Lay Off Process & Responsibility for Notice

 

6.6.6.1        When the lay off of faculty members appears to be necessary, the following process shall be followed during the academic year in which the lay off may occur:

 

6.6.6.1.1     Not later than at the time of formal notice being given to a faculty member the Administration shall provide a written outline of the reasons for the proposed lay off to the faculty member and to the Chief Personnel Steward of the Association.

 

6.6.6.1.2     A faculty member being terminated from his/her position shall be given formal written notice of the lay off at least four (4) months prior to the effective date of lay off being served.

 

6.6.6.1.3     All alternatives to the lay off of the faculty member involved shall be explored at this time by both the University and the Association.  The Chief Personnel Steward of the Association shall be provided with all data and material relied upon by the University in arriving at this decision.  The Association can, within twenty (20) working days of receiving formal written notice of the lay off, make a presentation to the University, outlining alternatives to the lay off of the faculty member.

 

6.6.6.1.4     The implementation of any of the alternatives identified above must be agreed to by:

 

  1. a) The Faculty Member;
  2. b) The Chief Personnel Steward of the Association;
  3. c) An appropriate senior administrator.

 

The University shall not unreasonably deny any viable alternative.

 

6.6.6.2        When a recommendation is made by the Senate that may result in a declaration of program redundancy which may result in the layoff of member(s), the University shall notify the Association and the Faculty member(s) involved by a minimum of six (6) months prior to formal notice of lay off.

 

6.6.6.3        When written notice is given to the faculty member, the University shall provide the reasons for lay off and inform the faculty member of his/her rights as outlined in these Articles.

 

6.6.7           Bumping (Displacing) of Less Senior Faculty Members

 

6.6.7.1        A faculty member who has been given notice of lay off shall be eligible to bump across the bargaining unit if:

 

  1. a) The faculty member has the current qualifications for the position in question.  The qualifications of the faculty member shall be assessed by a hiring committee as outlined in Article 6.4.1.5.  This committee shall be responsible for the assessment of whether the faculty member has the qualifications normally required to work in that department or service area.

 

If a faculty member is found to generally meet the qualifications but lacks currency in the field or specific course work in a required specialty area, the faculty member will file a one year plan to attain currency or course work.  If this plan is approved by the hiring committee and the faculty member has had three (3) years or more of full‑time service with the University, she or he shall receive an assisted leave in accordance with the provisions of Articles 12.3.1(c) and 12.4; and

 

  1. b) There is a faculty member with less seniority in the position.

 

6.6.7.2        A faculty member who is eligible and elects to bump into another position shall:

 

  1. a) make that decision within ten (10) working days of receipt of formal notice of lay off; and

 

  1. b) bump the least senior member of the seniority group in a position for which they are qualified.

 

6.6.7.3        A faculty member who is displaced by the operation of Articles 6.6.7.1 and 6.6.7.2 shall have:

 

  1. a) ten (10) working days to exercise his/her rights under Articles 6.6.7.1 and 6.6.7.2; and

 

  1. b) written notice of lay off if the faculty member is unable or chooses not to exercise his/her rights under Article 6.6.7.1.  Length of notice shall be as outlined in Article 6.6.6.1.4; and

 

  1. c) eligibility for all provisions accorded laid off faculty (Articles 6.6.7 through 6.14).

 

6.6.8           Employee Records of Laid Off Faculty Members

 

The records of all faculty members laid off hereunder, and all references supplied by the University or requested by outside agencies, will clearly state that the lay off in no way reflects upon the performance of the person in question.

 

6.6.9           Expiry of Rights

 

A faculty member who is laid off under this section and is rehired by the University subsequent to the expiry of a retraining leave and/or the recall period shall be treated as a new employee for all purposes.

 

6.7       SEVERANCE PAY

 

Upon lay off, the faculty member shall receive severance pay of one month’s salary for each year of service at the University, with a minimum of two (2) months salary to a maximum of ten (10) months, plus earned vacation pay accrued to the date of lay off.  Years of service shall be defined as equal to the faculty member’s seniority.

6.10     SENIORITY RETAINED

 

Should a faculty member be transferred on an ongoing basis into a position under another seniority group within the bargaining unit, all the seniority credits accumulated during the previous years under the same or other seniority groups within this bargaining unit shall all be transferred at the time the member accepts the transfer.  Transfer shall not be used to circumvent the layoff provisions of Article 6.6.

6.11     RECALL

 

6.11.1         Any faculty member who has been laid off will have right of recall to a regular position for which he/she is qualified.  The right of recall shall extend for twenty‑four (24) months from the date of lay off.  The obligation for notice of recall shall be by registered mail to the last provided address, with a twenty working day waiting period from the date of mailing.

 

6.11.2         Any faculty member who accepts a recall to a regular position under this section will resume their employment with no loss in seniority.  Any future eligibility for severance under this Article will be calculated from the date employment resumed.

 

6.11.3         Within a seniority group in which there has been a lay off of a regular faculty member, the University shall not employ non-regular faculty members for the subsequent two (2) years unless all faculty members laid off from that group have been offered such non-regular work.  Acceptance of such non-regular work will not change the period of recall.

 

6.11.4         A faculty member who has been laid off and who, during their recall period, receives a non-regular assignment shall be appointed on a non-regular basis. That faculty member shall have the right of first refusal for any non-regular work for which s/he is qualified within his/her department, up to the level of his/her regular workload prior to lay off,  before any part-time regular faculty member in that department exercises the right of refusal for the available non-regular work.

 

At the end of the recall period all regular and non-regular seniority shall be converted to non-regular seniority.

 

6.13     RETRAINING

 

6.13.1         Faculty who have been laid off pursuant to this Article may elect to retrain, subject to mutual agreement as in Article 6.6.6.  If a retraining plan is agreed to in accordance with the above, the faculty member shall receive that amount equivalent to the combined severance and vacation pay entitlement, allocated in such a manner as to provide a payment plan during the retraining period.  The total of such payment shall not exceed the amount of the combined severance and vacation pay the faculty member would be entitled to under Article 6.7.  Continuation of health and welfare benefits shall be subject to:

 

  1. a) the faculty member meeting the eligibility requirements of existing contracts with insurance carriers; and

 

  1. b) the faculty member prepaying by way of post-dated cheques to the University the total cost of such benefits.

 

6.13.2         The maximum period of leave for retraining shall be two (2) years except where the retraining programs involves a Ph.D. program in which the maximum period of such leave shall be three (3) years

 

6.13.3         During the academic year following the completion of the leave, the University will agree to appoint the faculty member to any vacancy for which she/he becomes qualified.  Where more than one faculty member becomes qualified for a vacancy as a result of retraining, priority for such vacancies will be on the basis of seniority.  Retrained faculty will also be able to displace regular faculty with less than three (3) years seniority from established regular positions for which she/he becomes qualified.

 

6.13.4         Faculty members who are reinstated as a result of retraining will resume their employment on a regular basis, with no loss in seniority.  Any future notice or severance under this Article will be calculated from the date regular employment resumed.

 

6.14     Registry of Laid Off Employees

 

6.14.1         Electronic Posting of Available Positions

 

On behalf of the parties, the PSEA will maintain a system-wide electronic Registry of job postings and the necessary supporting database.

 

  • Institutions are encouraged to use the Registry for the posting of all available positions.
  • Institutions will post on the Registry all employment opportunities of half-time or more and longer than three months in duration that are available to applicants beyond those employed by the institution by completing the PSEA Electronic Posting of Available Positions form (Appendix E1-Form 1).
  • Postings will be removed from the Registry and archived to the database one week after the closing by the institution that entered the posting.
  • Employers may elect to include job postings of positions from institutions not covered by this Agreement.
  • All employees covered by this Agreement may access the electronic registry of job postings for purposes of review.
  • Unions, Employers and eligible employees have the right to access the information on the Registry.

6.14.2         Electronic Registry of Eligible Employees (Registrants)

 

  • Employees covered by this Agreement are eligible for listing on the Registry if they are Employees who have received notice of layoff or have been laid off and are either:
    1. regular employees with one (1) calendar year of service working at fifty (50%) percent workload or greater, as defined in the applicable local agreement, or
    2. non-regular employees with two (2) calendar years of service working at fifty (50%) percent workload or greater, as defined in the applicable local agreements.
  • Employees who meet the service requirements of (1) above and have not had appointments renewed are eligible for listing on the Registry.
  • Length of Listing: An employee listed on the Registry may continue to be listed until the earlier of:
    1. recall or reappointment to equivalent employment at the institution from which the person was laid off or was not reappointed.
    2. obtaining equivalent employment as a result of being listed on the Registry.
  • the expiration of the employee’s recall rights or two (2) years from the date of registration, whichever is later.
  • Implementation
    1. An employee applies for listing through his/her Employee Relations Department by completing the PSEA Registry of Eligible Employees form (Appendix E2 – Form 2).
    2. The institution will immediately forward the completed form to the PSEA who will list eligible employees on the Registry.
  • A registrant is responsible to ensure that the information on the Registry is current and to notify immediately the Employer and the local union if she/he is no longer available for employment through the Registry.
  • Employees Not EligibleEmployees are not eligible for listing on the Registry if they have: 
    1. had their employment terminated for just and reasonable cause;
    2. accepted early retirement, or
  • voluntarily resigned their employment.

 

  • Applying for Available Positions

 

  • It is the responsibility of employees listed on the Registry to enquire about and apply for available work as listed on the Electronic Posting of Available Positions.
  • Employees applying for a posted position in the manner prescribed by the posting institution must tell the institution at the time of application that she/he is a registrant on the Registry.

 

  • Rights for Registrants
  • Entitlement for Interview

Registrants applying for job postings at institutions who meet the hiring criteria as set by the Selection Committee at the hiring institution will be short-listed and will be interviewed.  In the event that more than five (5) qualified registrants apply, the institution shall interview the five (5) most qualified registrants.

The application of this language is subject to the provisions of the collective agreement in effect at the receiving institution.

 

(b)  Entitlements for Successful Applicants

 

  1. Orientation/Training: A registrant who accepts an offer of available work shall be entitled to a reasonable amount of orientation and/or training.
  2. Benefits: Registrants who are eligible for health and welfare benefits at the hiring institution shall have the waiting period(s) waived subject to carrier provisions.
  • Seniority: All registrants who are eligible for health and welfare benefits at the hiring institution shall have the waiting period(s) waived subject to carrier provisions.
    1. In the case of the hiring from the Registry of an applicant represented by the BCGEU into another bargaining unit represented by the BCGEU, she/he will have his or her seniority recognized for all purposes other than severance accrual.
    2. FPSE local unions may elect to participate in a reciprocal arrangement with other participating FPSE locals and with the BCGEU bargaining units for the purposes of recognition of seniority other than severance accrual. FPSE local unions that elect to participate in such a reciprocal arrangement must indicate their participation through formal notification to JADRC.

 

  1. In the case of the hiring of an applicant from the Registry by and from institutions with bargaining units registered with JADRC, the successful applicant shall carry his or her seniority to that new institution for all purposes other than severance accrual.
  1. Relocation Costs for Registrants: Relocation costs for successful applicants who change residence as a result of the hiring that are supported by proper proof of expenditures within ninety (90) days of commencing employment, will be paid by the hiring institution in accordance with its relocation policies and practices for the position for which the registrant was hired.  If funding is available, the costs will be reimbursed to the hiring institution from the Labour Adjustment Fund.
  2. Recall and Repayment: An employee hired from the Registry who is recalled by an institution and returns to work at that institution will repay relocation costs received from the institution that hired him or her in accordance with its relocation policies and practices for the position for which the registrant was hired.

6.15     Targeted Labour Adjustment

 

  • Employer Commitments

It is agreed that the institution will make every reasonable attempt to minimize the impact of funding shortfalls and reductions on the work force.

 

Subject to budgetary constraints and the amount of funding available for labour adjustment costs; fairness, flexibility and employee choice will prevail in the implementation of labour force adjustment strategies as approved by the institution.

 

It is incumbent upon institutions to communicate effectively with their employees and the unions representing those employees as soon as the impact of any funding reduction or shortfall or profile change has been assessed.

 

If a work force reduction is necessary, the Joint Labour Management Committee will canvas employees in a targeted area or other areas over a fourteen (14) day period, or such longer time as the Joint Labour Management Committee agrees, to find volunteer solutions that provide as many viable options as possible and minimize potential layoffs.

 

  • Menu of Labour Adjustment Strategies

 

To minimize layoffs, the following menu of labour force adjustment strategies will be considered and whenever reasonably possible, offered by institutions at the appropriate time in the employee reduction process set out in each institution’s local collective agreement(s):

 

  • Job Sharing.
  • Reduced hours of work through partial leaves.
  • Transfers to other areas within the bargaining unit subject to available work and meeting qualifications, with minimal training required.
  • Paid and unpaid leaves of absence for use to seek alternate employment, retirement adjustment, retraining, etc.
  • Voluntary severance with up to twelve (12) months’ severance payment.
  • Workload averaging.
  • Purchasing past pensionable service. If permissible the Employer will match a minimum of three years’ contributions to the College Pension Plan where an employee opts for early retirement.
  • Combined pension earnings and reduced workload to equal 100% of regular salary.
  • Early retirement incentives pursuant to local collective agreements.
  • Agreed secondment.
  • Continuation of health and welfare benefits.
  • Combinations and variations of the above or other alternatives.
  • Layoffs May Occur

Once strategies other than layoff have been explored, the institutions may proceed, if need be, to layoffs.  For those affected by layoff, the provisions of the local collective agreement will apply and the system-wide Electronic Registry of Laid Off Employees will be available.

 

  • No Stacking of Entitlements

While various options may be considered and offered, there will be no stacking of entitlements.

2018-06-12T14:59:32-07:00 June 12th, 2018|