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Academic freedom, personnel files, health & safety and more...the Collective Agreement contains information about these big issues, which don't fall neatly under any topic heading taken up in other FAQs.

What should new hires know before signing their letters of appointment?

Negotiations between Deans / Principal / University Librarian and new hires have career-long implications; new hires can consult YUFA for:

New hires should start by reading Starting salaries & raises and Information for People Offered Tenure-Track Appointments in YUFA.

 

What is academic freedom, according to the Collective Agreement?

'Academic freedom includes the freedom of an employee to examine, question, teach, and learn; to disseminate his/her opinion(s) on any questions related to his/her teaching, professional activities, and research both inside and outside the classroom; to pursue without interference or reprisal, and consistent with the time constraints imposed by his/her other University duties, his/her research, creative or professional activities, and to freely publish and make public the results thereof; to criticize the University or society at large; and to be free from institutional censorship' (clause 10.01).

 

Where is my personnel file and how do I get to see it?

You may have up to three personnel files: one in the Office of the Dean / Principal / University Librarian, another in Human Resources, and a third in the President's Office. Files kept in other offices, e.g., your Chair's, are not deemed 'personnel files'. That means they can't be used in any employment-related matter.

To see your personnel files, give written notice to the head of the office in question. You're allowed to look at and photocopy your file in the presence of a designate of that office, but you can't just take anything from the file away with you. You also can't see documents used to consider you for tenure & promotion, awards and grants, and administrative appointments.

 

What if there's something in my personnel file that shouldn't be?

With the agreement of the head of the office in question, you can remove materials from your file(s). YUFA will often be able to help you with this.

You have the right to add documents to your file(s) as well as comments on the accuracy or meaning of documents.

Note that the Employer is not permitted to include anonymous material other than aggregate statistics from student evaluations. There also shouldn't be any uninvestigated, unsubstantiated student complaints, or any documents relating to them. Further, you shouldn't find in your file(s) anything relating to complaints of harassment or discrimination that are not yet resolved; only the outcomes of investigations may be in your file, provided the parties agree.

 

Can the Employer require me to provide an electronic copy of my cv?

It’s true that you can be required to submit your cv once yearly, however, clause 22.07 of the Collective Agreement specifies that the Employer cannot require you to submit a digital copy.  See Employer's Request for CV and Statement of Outside Activities.

 

Whom do I contact if I have a workplace health & safety concern?

For the 2004 notice on whom to contact if you encounter any of a variety of health and safety concerns - including poor indoor air quality, ergonomics, personal safety concerns, dangerous snow and ice, idling cars - click here. You can always contact the Executive Officer of your Faculty or the Libraries.

 

Am I a supervisor under the Health & Safety Act?

The Ontario Occupational Health & Safety Act defines a supervisor as any 'person who has charge of a workplace or authority over a worker.' Certain YUFA members are supervisors under the Act (e.g., supervisors of research and graduate assistants), though we can't make blanket statements about which ones they are. If you think the definition might apply to you, York's Occupational Health & Safety Department provides training about how to: 

  • ensure that a worker complies with the Act and regulations (section 27(1)(a));
  • ensure that any equipment, protective devices or clothing required by the Employer is used or worn by the worker (27(1)(b));
  • advise a worker of any potential or actual health or safety dangers known by the supervisor (27(2)(a));
  • if prescribed, provide a worker with written instructions about the measures and procedures to be taken for the worker's protection (27(2)(b)); and
  • take every precaution reasonable in the circumstances for the protection of workers (27(2)(c)).

 

Who pays for protective equipment?

The Employer must provide - and you must use - protective equipment 'required for the safe and efficient performance' of your duties, according to clause 18.37.

 

Does the Employer have the right to change how things are done in my department or program?

In Canadian labour relations, management has the right to change work practices unless they are by limited by law or a collective agreement. 

YUFA's Collective Agreement has three levels of limitations on what the Employer can change:

  1. If the 'thing' is specifically spelled out in the Collective Agreement, such as raises or the number of hours in librarians' normal work week, then the Employer can only make changes in collective bargaining with YUFA. Otherwise they're violating the Collective Agreement.
  2. When a specific practice is explicitly referenced by the Collective Agreement, e.g., 'normal teaching load' or 'collegial procedures' in hiring, it can be changed only with the agreement of both parties.  
  3. When the Collective Agreement is silent on a term or condition of employment, e.g., parking fees, or the days and hours of the week at which classes may be scheduled, then we've got what's called an 'existing practice'. The Employer has the right to change existing practices unilaterally after duly notifying and giving reasons to YUFA. If YUFA believes that an amendment to existing practice is not justified, then it can grieve. 

 

More info?

Version: August 2007