YUFA
Collective Agreement
2001-2003
Article 12
Appointments Categories
Faculty Appointments
12.01
Appointments to the full-time faculty of York University shall fall into one of two (2) streams:
(a) Professorial,
(b) Alternate,
each of which contains three (3) classifications:
(i) tenured,
(ii) probationary,
(iii) contractually limited.
Ranks
12.02
Rank titles in the Professorial Stream shall be: Lecturer, Assistant Professor, Associate Professor, and Professor. In the Alternate Streams established in the Nursing Program in Atkinson College, Faculty of Pure and Applied Science, the Department of Languages, Literatures and Linguistics and the Department of French Studies in the Faculty of Arts, Physical Education in the Faculty of Arts, and the French Language Training Programme at Glendon College, rank titles shall be: Assistant Lecturer (Chargé d'enseignement); Associate Lecturer (Chargé de cours); and Senior Lecturer (Maître de cours). The Employer agrees that such appointments will not be made to Alternate Streams other than those noted above, except by agreement of the parties.
Librarian Appointments
12.03
Librarians appointed at York University shall be assigned the rank of:
(a) Assistant Librarian,
(b) Associate Librarian,
(c) Senior Librarian,
and shall fall into one of three (3) classifications:
(i) continuing appointment,
(ii) probationary,
(iii) contractually limited.
Contractually limited appointments shall be designated Adjunct Librarians.
Appointment Classifications
12.04
Tenured/continuing appointments are defined as appointments without term, which may be terminated only through resignation, retirement, dismissal for cause (as set out in Article 15), or lay-off for reason of financial necessity (as set out in Article 24).
Probationary appointments are defined as appointments lasting up to a maximum of six (6) years, during which time the University and the employee are afforded an opportunity for mutual appraisal. Probationary appointments end in a tenured/continuing appointment or in termination of the appointment.
Contractually limited appointments are appointments which carry no implication of renewal or continuation beyond the stated term and no implication that the appointee shall be considered for tenure. Contractually limited appointments are utilized:
(a) to bring distinguished visitors to the University;
(b) to provide replacements for employees on leave;
(c) to respond to specific teaching / professional / research / creative needs which the Employer, for academic and/or budgetary reasons, does not wish to result in an appointment in the probationary or tenured/continuing appointment classifications;
(d) to appoint individuals with specialized skills for whom neither the Employer nor the individual intends a long-term association with the University.
The Employer agrees to provide the Association with a statement of the "specific needs" to be responded to by appointees under 12.06(c), such information to be conveyed at or about the time of the making of the appointment. In the event of re-appointment of an employee under this clause, the employee shall, at the time of the offer of re-appointment, be informed as to the nature of the position being offered, including, to the extent practicable, a job description covering the intended period of the appointment.
12.07
Titles utilized in contractually limited faculty appointments are as follows:
Special Professor
Special Associate Professor
Special Assistant Professor
Sessional Lecturer
Sessional Instructor
Sessional Senior Lecturer
Visiting Associate Lecturer
Visiting Assistant Lecturer
The term of a contractually limited faculty appointment will normally be:
(a) an academic session (i.e., less than calendar year). The minimum length of such an appointment for the Autumn/Winter session shall be nine (9) months. The minimum length of such an appointment for the Autumn or Winter session only shall be five (5) months. Employees appointed under this category for terms of nine (9) months or more in 2001-2002 and/or in 2002-2003 shall be eligible for salary increments under clauses 25.03 and 25.05.
(b) one year,
(c) two (2) years,
(d) three (3) years,
Only in exceptional circumstances related to 12.06(c) or 12.06(d) will an individual receive contractually limited appointments for a period longer than three (3) consecutive years.
In the case of appointments under 12.06 (c), at the time of the appointment which will take the individual beyond the normal three-year limit, the exceptional circumstances shall be set out in memoranda to the Association and the individual. Such circumstances shall normally relate to short-term needs for continuing viability of the academic programme in question, coupled with uncertainty as to the longer-term future of the programme. Contractually limited appointments made under this category (i.e., 12.06(c)) shall not be continued for a total of more than five (5) years.
12.08
The title used for contractually limited professional librarians shall be Adjunct librarian. The term of a contractually limited librarian appointment shall normally before a specified period of up to one (1) year. Exceptions shall be restricted to:
(a) appointments under 12.06 (d);
(b) appointments under 12.06 (c) where the circumstances of the appointment relate to the continuing viability of special projects of a finite nature or the fulfilment of externally funded contracts or grants.
In the case of appointments under (b), the Employer shall inform the employee and the Association, in writing, at the time of the appointment which will take the employee beyond the one (1) year limit, of the relevant circumstances requiring an appointment beyond the one (1) year limit.
12.09
Contractually limited appointments are not intended to serve as an alternate form of "probation" for a longer term appointment at York University, and shall therefore be governed by Clause 12.12, below, respecting movement among categories.
12.10
The Employer shall annually provide to the Association, through the Joint Committee on the Administration of the Agreement, a list of contractually limited employees, indicating date of appointment, anticipated date of termination, reasons for classification as contractually limited, as per Clause 12.06 (a)-(d), above, and the special circumstances associated with any contractually limited faculty appointments of more than three (3) years' duration, or with any contractually limited librarian appointments of more than one (1) year's duration.
12.11
The total of the salary rates of that component of the bargaining unit holding contractually limited appointments shall not exceed 11.5% of the total of the salary rates of the bargaining unit as a whole.
Movement among Categories
From Contractually Limited to Probationary/Tenured/Continuing Appointment
Should an employee holding a contractually limited appointment wish to apply for a position in the tenured/continuing appointment or probationary classification, his/her application shall be considered in the normal way along with all other applications for the position. Should such employee be appointed to the probationary or tenured / continuing appointment position, years of service toward sabbatical leave or consideration for tenure/continuing appointment shall be awarded on a year-for-year basis, to a maximum of four (4) years of such credit.
Between Alternate Stream and Professorial Stream, and between Faculty and Professional Librarian Positions
12.13
Normally, employees shall not transfer their appointments from one stream to another, or between faculty and professional librarian positions. Should an employee who applies be appointed to the position, he/she shall retain his/her years of service for purposes of Article 20 and his/her seniority for purposes of Article 24.
Notwithstanding the provision above that employees shall not normally transfer their appointments from one stream to another, in exceptional circumstances related to the professional contribution of an alternate stream employee, such an employee may wish to apply for a transfer of his/her appointment from the alternate stream to the professorial stream. In such circumstances, the employee may apply to the Dean/Principal for transfer. Such application shall show that the employee's professional contribution accords with the responsibilities of a professorial stream appointment. The Dean shall consult with the Chairperson(s) concerned and the employee and shall reply in writing, with copy to the Association. In her/his reply, the Dean shall agree to recommend transfer to the President, or shall state reasons for denying the transfer, which reasons will include any issues concerning the employee's professional contribution as it accords with the professional responsibilities of a professorial stream employee . Employees who are transferred will be appointed at the rank of Assistant Professor and shall retain tenure, seniority, and years of service toward sabbatical leave and pension, and similar entitlements.
Appointments Selection
12.14
All York University appointments are made by the Board of Governors, which may make appointments only on the recommendation of the President, except in the case of appointment of the President.
Criteria and Procedures
12.15
The principal criterion for appointment to positions at York University is academic and professional excellence as generally understood in University practice and as embodied in principles which form part of this Agreement. Where appropriate, advertisements shall include the rank at which it is expected the appointment will be made. Whenever possible, specific qualifications for any particular position for which applications are invited shall be clearly identified.
The Employer agrees that when negotiating conditions for externally funded Chaired Professorships and other such positions to which new and current faculty may be appointed, it will ensure that, so far as is practicable, the terms negotiated with the funding body shall conform to the provisions of Article 12 of this Agreement.
12.16
The availability of positions to which it is proposed to appoint probationary or tenured faculty, or probationary or continuing appointment librarians, shall normally be widely advertised prior to the selection of a candidate for appointment. Advertisements shall be posted on York's website at www.yorku.ca/acadjobs and in the relevant Canadian publications, University Affairs and CAUT Bulletin. Advertisements shall include the following statement:
"York University has an Affirmative Action Program with respect to its faculty and librarian appointments. The designated groups are: women, racial/visible minorities, persons with disabilities and aboriginal peoples. Persons in these groups must self-identify in order to participate in the Affirmative Action Program. The [insert name of hiring department] welcomes applications from persons in these groups. The Affirmative Action Program can be found on York's website at www.yorku.ca/acadjobs or a copy can be obtained by calling the affirmative action office at 416-736-5713. In accordance with Canadian requirements, this advertisement is directed to Canadian citizens and permanent residents."**
**This last sentence is specific to advertisements for tier 1 searches. Advertisements for tier 2 searches and for simultaneous tier 1 and tier 2 searches will include the following sentence in its place: "Canadian citizens and permanent residents will be considered first for this position.
(a) This requirement shall also apply to positions to which it is proposed to appoint Contractually Limited faculty/professional librarians, other than in exceptional circumstances, in cases of renewal/extension of an employee's appointment, or where shortage of time makes it impracticable to carry out the normal advertising.
The Employer agrees to provide the Association and the Canadian Union of Public Employees Local 3903 with copies of all notifications of the availability of full-time faculty positions, and to post such notifications on bulletin boards in the relevant academic units of the University, concurrent with the submission of such notifications to external advertising media. Recruitment procedures shall be so designed as to ensure that reasonable care is taken to seek out, and give all due consideration to, Canadians or permanent residents who are one or more of the following: female; a member of a visible/racial minority; an aboriginal person; or a person with a disability. Advertising shall be carried out with this requirement in mind, and shall therefore be placed particularly in relevant Canadian publications, including University Affairs and the CAUT Bulletin.
(b) Waiving of Advertising and Search Procedures
In the event that the establishment of a tenure stream position is approved and meets the criteria set out below, the hiring unit may recommend to the Dean, without advertising the position, the individual referred to in (iv) below. The criteria are as follows:
(i) the position earlier was advertised as a probationary / tenured position;
(ii) the search was conducted as for a probationary/tenured position;
(iii) a candidate was recommended for the probationary / tenured position;
(iv) prior to the making of the final appointment, the position was changed to a CLA for budgetary reasons and the recommended candidate accepted the CLA.
12.17
Recognizing the importance of care and thoroughness in the process of selection of candidates for appointment as probationary or tenured faculty, the Employer agrees to make available, as early as possible, the financial data determining whether or not candidates may be sought for faculty positions. Every effort shall be made to supply financial data sufficiently early for the selection procedures of the unit in question to be implemented.
When fiscal data are available too late to permit timely appointment decisions to be made in accordance with normal appointment procedures, selection procedures shall normally be implemented with a view to making the appointment in the subsequent year, if the appointment is to be in the probationary or tenured classification.
12.18
All recommendations for appointment of faculty members are made in writing to the President by the Dean/Principal. The Dean/Principal shall, at the same time as s/he informs the President, provide a Notice of Recommendation to the Chair of the department, or in Faculties/Colleges where there are no departments, to the chair of the appointments committee, and to the Association. Deans shall submit to the Joint Affirmative Action Committee the names of candidates on the short list at the time the short list is drawn up. The parties to the Agreement acknowledge the importance of collegial assessment in the process of evaluating candidates for appointment to the full-time faculty.
(a) Where practicable, Chairpersons and Deans/Principals shall utilize the unit's collegial procedures in making contractually limited appointments.
(b) The evaluation and recommendation of candidates for full-time probationary or tenured appointments shall be carried out in the first instance in the academic unit(s) in question, in all but exceptional circumstances as indicated in 12.18(c), using procedures that ensure fair consideration to all candidates. Allegations of violation of procedural requirements may be grieved and arbitrated. Where such procedures have been formally established by an academic unit(s), or are hereafter amended or established by the mutual agreement of the parties to the Agreement, these shall be adhered to in all but exceptional circumstances as indicated in 12.18(c). If an appointment is to be made which entails appointment to more than one unit, the procedures to be utilized shall be determined and set out in advance prior to the commencement of appointment procedures.
In exceptional cases, a Dean/Principal may wish to recommend to the President an appointment at a rank other than the one specified in the recommendation received from the academic unit(s) in question. The Dean/Principal shall normally consult with the chair(s) of the academic unit(s) [or in Faculties where there are no departments, the Dean/Principal shall consult with chair(s) of the appointment committee], and confirm his/her intentions in writing to the chair(s) and to the Association prior to recommending the appointment. The Dean's/Principal's decision shall be subject to the grievance and arbitration procedures established by this Agreement, for the purpose of determining whether the Dean's/Principal's assessment of exceptionality was justified.
(c)
(i) In the exceptional circumstances in which a Dean/Principal declines to recommend to the President for appointment to a position the individual recommended for appointment by the academic unit(s), the Dean/ Principal shall within three (3) weeks, indicate in writing to the academic unit(s) in question and the Association the reasons why the Dean/Principal declined to recommend the unit(s)'s choice. The Dean's/ Principal's decision shall be subject to the grievance and arbitration procedures established by this Agreement, for the purpose of determining whether the Dean's/Principal's assessment of the circumstances as exceptional was justified. The parties agree that the failure by an academic unit to produce or implement affirmative action plan(s) as outlined in Article 12.23 may be classified as "exceptional circumstances," for the purposes of this clause.
(ii) In exceptional circumstances, a Dean/Principal may alter established procedures. In such cases the Dean/Principal shall indicate in writing to the academic unit(s) and the Association the exceptional circumstances occasioning the departure from established practice. The Dean's/Principal's decision shall be subject to the grievance and arbitration procedures established by this Agreement, for the purpose of determining whether the Dean's/Principal's assessment of the circumstances as exceptional was justified.
(d) The parties to the Agreement agree to process such grievances dealing with exceptional circumstances, as outlined in (b), (c)(i) and (c)(ii), as expeditiously as possible. If a grievance is initiated under (c)(i) and /or (c)(ii), by the academic unit(s), the Employer undertakes not to make an appointment to the position unless the grievance has been resolved in favour of the Dean's/Principal's position.
(e) In determining grievances on matters of appointments, the arbitrator or arbitration board shall have the powers set out in Clause 9.21, except that he/she/it shall not have the power to remove an incumbent, to direct the appointment of a specific individual, or to alter the rank at which an appointment has been recommended or made.
(f) These procedures and arbitral jurisdiction do not apply to cases of appointment to the faculty of individuals simultaneously being appointed to positions outside the bargaining unit (e.g., Deans).
Collegial Procedures/Librarians
12.19
All recommendations for appointment of professional librarians are made in writing to the President by the University Librarian / Dean, Faculty of Law. The University Librarian / Dean, Faculty of Law shall, at the same time as s/he informs the President, provide a Notice of Recommendation to the chair of the appointments committee and to the Association. The University Librarian / Dean, Faculty of Law shall submit to the Joint Affirmative Action Committee the names of candidates on the short list at the time the short list is drawn up. The parties acknowledge the importance of collegial assessment in the process of evaluating candidates for appointment as librarians.
(a) Where practicable, the University Librarian / Dean, Faculty of Law shall utilize the unit's collegial procedures in making contractually limited appointments.
(b) The evaluation and recommendation of candidates for probationary and continuing appointments in the bargaining unit shall be carried out by appointments committees using, except as indicated in 12.19(c), established procedures that ensure fair consideration of all candidates. Such established procedures, except as they may hereafter be amended by mutual agreement of the parties to the Agreement, shall be adhered to in all but exceptional cases as indicated in 12.19(c). Allegations of violation of procedural requirements may be grieved and arbitrated.
In exceptional cases, the University Librarian / Dean, Faculty of Law may wish to recommend to the President an appointment at a rank other than the one specified in the recommendation received from the appointment committee. The University Librarian / Dean, Faculty of Law shall normally consult with the chair of the appointments committee and confirm his/her intentions in writing to the chair and the Association prior to recommending the appointment. The University Librarian's / Dean, Faculty of Law's decision shall be subject to the grievance and arbitration procedures established by this Agreement for the purposes of determining whether the University Librarian's / Dean, Faculty of Law's assessment of the circumstances as exceptional was justified.
(c)
(i) In the exceptional circumstances in which the University Librarian / Dean, Faculty of Law declines to recommend to the President for appointment to a position the individual recommended for appointment by the appointment committee, the University Librarian / Dean, Faculty of Law shall within three (3) weeks, indicate in writing to the unit, the chair of the appointment committee, and the Association the reasons why he/she declined to recommend the appointment committee's choice. The University Librarian's / Dean, Faculty of Law's decision shall be subject to the grievance and arbitration procedures established by this Agreement, for the purpose of determining whether the University Librarian's / Dean, Faculty of Law's assessment of the circumstances as exceptional was justified.
The parties agree that the failure by an unit to produce or implement affirmative action plans as outlined in Article 12.23 may be classified as "exceptional circumstances," for the purposes of this clause.
(ii) In exceptional circumstances, the University Librarian / Dean, Faculty of Law may alter established procedures. In such cases the University Librarian / Dean, Faculty of Law shall indicate in writing to the unit, the chair of the appointment committee, and the Association the exceptional circumstances occasioning the departure from established practice. The University Librarian's / Dean, Faculty of Law's decision shall be subject to the grievance and arbitration procedures established by this Agreement, for the purpose of determining whether the University Librarian's / Dean, Faculty of Law's assessment of the circumstances as exceptional was justified.
(d) The parties to the Agreement agree to process such grievances dealing with exceptional circumstances, as outlined in (b), (c)(i) and (c)(ii), as expeditiously as possible. If a grievance is initiated under (c)(i) and/or (c)(ii), by the unit(s) the Employer undertakes not to make an appointment to the position unless the grievance has been resolved in favour of the University Librarian's / Dean, Faculty of Law's position.
(e) In determining grievances on matters of appointments, the arbitrator or arbitration board shall have the powers set out in Clause 9.21, except that he/she/it shall not have the power to remove an incumbent, to direct the appointment of a specific individual, or to alter the rank at which an appointment has been recommended or made.
(f) These procedures and arbitral jurisdiction do not apply to cases of appointment as professional librarians of individuals simultaneously being appointed to positions outside the bargaining unit (e.g., University Librarian / Dean, Faculty of Law).
Non-discrimination
12.20
In accordance with the parties' commitment to non-discrimination as contained in Article 3 of this collective agreement, the parties confirm a joint commitment that discrimination should not exist or arise for women, members of visible/racial minorities, aboriginal people, persons with disabilities, gay men, lesbians, bisexual and transgendered persons.
12.21
Consistent with the principle expressed in Article 12.15 that the principal criterion for appointment to positions at York University is academic and professional excellence, and as an affirmative action program to promote equity in employment of women, members of visible/racial minorities, aboriginal people and persons with disabilities, the parties agree to the measures set out below (to be read in conjunction with Article 12.31).
No candidate shall be recommended who does not meet the criteria for the appointment in question.
Candidates are substantially equal unless one candidate can be demonstrated to be superior.
When candidates qualifications are substantially equal the candidate who is Canadian or a permanent resident of Canada shall be recommended for the appointment.
To determine whether 40% of the tenure stream positions are filled by women, jointly appointed faculty are counted in conformity with the fraction of their appointment in each unit. Seconded faculty are counted only in their home unit.
(a) Units With Less Than 40% Women
(i) In units where fewer than 40% of the tenure stream faculty/librarian positions are filled by women, when candidates' qualifications are substantially equal the candidate who is a member of a visible/racial minority, an aboriginal person or a person with a disability and female shall be recommended for appointment.
(ii) If there is no candidate recommended from (i) above then when candidates' qualifications are substantially equal a candidate who is female or who is a male and a member of a visible/racial minority, an aboriginal person, or a person with a disability shall be recommended for appointment.
If there is no candidate recommended from (i) or (ii) above then the candidate who is male shall be recommended for appointment.
(b) Units With 40% Or More Women
In units where 40% or more of the tenure-stream faculty/librarian positions are filled by women, a candidate who is a member of a visible / racial minority, an aboriginal person or a person with a disability shall be offered the appointment unless a candidate who does not belong to these groups can be demonstrated to be superior.
(c) In units where fewer than 15% (or 3 in units larger than 6 whichever is greater) of the tenure stream faculty / librarian are female, such units shall revise their affirmative action plan with a view to pro-actively increasing the representation of women faculty and librarians.
12.22
(a) In order to ensure that academic units conform to the requirements for selecting candidates set out in Article 12.21, and further, to ensure that units actively seek out and give fair consideration in their selection processes to candidates designated in the first paragraph of 12.21, the parties agree to continue a Joint Implementation Committee on Affirmative Action for Faculty and Librarians. This Committee will approve academic unit affirmative action plans in order to ensure that policies already established are implemented.
(b) The Joint Affirmative Action Committee shall comprise three members appointed by each of the Employer and the Association within 30 days of the signing of the Collective Agreement. The Special Assistant to the President (Equity) shall sit ex-officio on the Committee.
(c) The Employer agrees to provide funds for professional, administrative and programme support, such funds not to exceed the equivalent of four full course directorships at the prevailing CUPE 3903 rate in each year.
(d) Professional support may be provided by an Affirmative Action Director to be selected by the Committee and appointed by the Employer.
(e) The Joint Affirmative Action Committee will undertake a post-audit on an annual basis concerning short listings of women and designated group candidates, recommendations for and appointments of women and designated group candidates and the percentage of tenure stream faculty/librarian positions which are filled by women and members of the designated groups.
(f) The Joint Affirmative Action Committee will prepare an annual report to the parties through the JCOAA.
(g) The Joint Committee on Affirmative Action may organize three meetings yearly of all the unit affirmative action representatives to report on and discuss affirmative action issues. Such meetings will provide information and support for the work in their units with respect to the hiring process and development of equity plans.
Academic unit(s) wishing to make a full-time appointment(s) shall be required to prepare a plan showing its willingness and ability to conform to procedures guaranteeing affirmative action for women, members of visible/racial minorities, aboriginal people and persons with disabilities, and to demonstrate that it has followed those procedures in its search and selection process. The Plan will include a provision that the hiring committee shall review self-identification information for all candidates from the outset of the process.
(a) Academic unit(s) must have Affirmative Action Plans approved by the Committee. Each unit shall name an Affirmative Action representative. Representatives must be tenured and may be a member of the unit or from outside the unit. Affirmative Action representatives may be men or women. Representatives will be responsible for monitoring the hiring process and helping in the development of the unit equity plans. Representatives shall be strongly encouraged by the Dean/Principal/University Librarian to attend a workshop organized by the Joint Committee On Affirmative Action pursuant to 12.24(a) prior to assuming their responsibilities.
(b) All recommendations to make full-time faculty appointments shall be submitted to the Committee which is empowered to recommend to the President that such an appointment not be made when a unit's plan or the procedures that it followed did not meet the Committee's standards for affirmative action.
(c) The Committee shall deal expeditiously with units' plans and recommendations for appointment.
(d) In those instances where a unit determines that Article 12.21 interferes with specific affirmative action programs relevant to its area and outlined in its academic plans, a unit may apply to the Joint Committee on Affirmative Action for support for specific hiring goals which might appear to contravene the specifics of article 12.21 but which, in fact, support its underlying intention. Such requests must be approved by the Vice-President Academic Affairs or his/her designate prior to the position being advertised.
12.24
(a) The Joint Committee on Affirmative Action shall organize and offer workshops to inform unit chairs, members of hiring committees, and members of tenure and promotion committees on collective agreement provisions, principles, objectives, recent history and best practices with respect to employment equity. Workshops should be no more than 15 people and can cross units. Such workshops will be facilitated by the special assistant to the President. The program of such workshops will be approved by the Joint Committee on Affirmative Action. At all workshops, there shall be a representative of the Employer and a representative of YUFA.
(b) One member of each hiring committee will be an affirmative action monitor who will monitor the committee process in the context of the provisions of the collective agreement concerning affirmative action. The committee member who is the affirmative action monitor will be selected by the committee and will liaise with the unit's affirmative action representative, if they are not the same person. Monitors shall be strongly encouraged by the Dean/Principal/University Librarian to attend a workshop organized by the Joint Committee On Affirmative Action pursuant to 12.24(a) prior to assuming their responsibilities.
12.25
Affirmative action plans and search/selection procedures shall be subject to the requirements of Articles 12.15, 12.18, 12.19, and 12.21 of this Agreement.
Appointments Review Procedures
12.26
The Employer agrees to provide the Joint Committee on the Administration of the Agreement with information on the making of tenured/probationary/ continuing appointments, the nature of the information to be decided by the Joint Committee.
Appointment of Academic-Administrators and Librarian-Administrators
12.27
The parties acknowledge the importance of collegial participation in the selection of individuals for appointment to academic-administrative and librarian-administrative positions.
(a) (i) Employees shall be appointed to administrative positions within the bargaining unit by the Board of Governors only upon the recommendation of the President. Where a unit has established fair and equitable procedures for the appointment of a Chairperson or where such procedures shall hereafter be amended or established by mutual agreement of the parties, these shall be adhered to in all but exceptional cases as indicated in 12.27(a)(ii). Allegations of violation of procedural requirements may be grieved and arbitrated. In exceptional cases, a Dean/Principal/University Librarian may decline to recommend to the President for appointment the individual recommended for appointment by the unit. In such cases, the Dean/Principal/University Librarian shall indicate in writing to the unit the exceptional circumstances occasioning the departure from established practice.
The Dean's/Principal's/University Librarian's decision shall be subject to the grievance and arbitration procedures established by this Agreement, for the purpose of determining whether the Dean's/ Principal's/University Librarian's assessment of the circumstances as exceptional was justified.
(ii) In exceptional circumstances, a Dean/Principal/University Librarian may alter established procedures. In such cases the Dean/Principal/ University Librarian shall indicate in writing to the unit the exceptional circumstances occasioning the departure from established practice. If the unit does not accept the Dean's/Principal's/University Librarian's reasons for a departure from established practice, it may, if it does so within three (3) weeks of the date of receipt of the Dean's / Principal's / University Librarian's statement, refer the matter to the grievance and arbitration procedure, for the purpose of determining whether the Dean's/Principal's/University Librarian's assessment of the circumstances as exceptional is justified. The parties agree to process such grievances as expeditiously as possible, and the Employer undertakes not to make an appointment under the altered procedures until the grievance has been resolved and unless the grievance is resolved in favour of the Dean's/Principal's/University Librarian's position.
(iii) In determining grievances on matters of appointments as set out above, the arbitrator or arbitration board shall have the powers set out in clause 9.21, except that he/she/it shall not have the power to remove an incumbent or to direct the appointment of a specific individual.
(b) Unless otherwise agreed to between the President and the Faculty Council of the Faculty in question, candidates for appointment as Deans or Principals shall be recommended to the President by search committees established by and advisory to the President, a majority of the members of which have been elected by the Faculty Council, and a majority of the members of which are full-time faculty members. In the case of reappointments the President shall consult with the Faculty or College concerned prior to making his/her recommendations to the Board of Governors.
(c) Unless otherwise agreed to between the President and the Professional Librarians of York University, candidates for appointment as University Librarian shall be recommended to the President by a search committee established by and advisory to the President, a majority of the members of which have been elected by the Professional Librarians of York University and a majority of the members of which are Professional Librarians. In the case of a reappointment the President shall consult with the Libraries prior to making his/her recommendation to the Board of Governors.
Letters of Appointment
12.28
The letter of offer of appointment from the Dean/University Librarian or designate to the prospective appointee shall set out the nature of the position being offered, including, to the degree possible, a job description covering the initial year of employment, and, where applicable, any special requirements that may be applied in determining the future movement of the appointee from pre-candidacy to candidacy and his/her application for tenure/continuing appointment or promotion (such as the completion of a degree or research in progress). Letters of offer shall stipulate whether or not the initial salary offer includes or specifically excludes any additional increments already negotiated or yet to be negotiated between the Association and the Employer, according to the appropriate version of text specified in Appendix H. The letter of offer shall enclose a copy of, and refer to, this Agreement. Letters of appointment from the Board of Governors shall specify the stream, classification, rank, duration (where applicable), and initial salary of the appointment.
Notice of Non-Renewal/Renewal
12.29
Deans shall send letters of reappointment, termination, or non-renewal:
(a) to probationary faculty in the pre-candidacy period, by no later than 1 November;
(b) to contractually limited faculty other than those holding appointments of less than one (1) calendar year, by no later than 1 February,
(c) to contractually limited faculty holding appointments of less than one calendar year, by no later than twelve (12) weeks prior to the expiry of the appointment. Such notices shall be effective the following 30 June or on the expiry of the appointment, whichever date is the earlier.
Failure to observe the deadlines in (a) or (b) above shall automatically entitle the appointee to an additional year of appointment.
12.30
Probationary librarian appointees in the pre-candidacy period shall be delivered letters of reappointment or termination from the University Librarian/Dean, Faculty of Law by no later than eight (8) months preceding the anniversary date. Contractually limited librarian appointees with appointments of one (1) year or more shall be delivered letters of reappointment or termination from the University Librarian/Dean, Faculty of Law by no later than four (4) months preceding the anniversary date. Failure to observe these deadlines shall automatically entitle the appointee to an additional year of appointment.
CUPE 3903 Contract Faculty Conversions and Affirmative Action
12.31
(a) Conversions
(i) Where a probationary/tenured position is approved, appointment to which is limited to members of CUPE 3903 Unit 2, the hiring unit may waive the advertising and selection procedures set forth in Article 12. The provisions respecting Affirmative Action for faculty as set forth in Article 12.21 do not apply to the Affirmative Action Programme for long-term, high-intensity contract faculty established under the CUPE 3903 Unit 2 Collective Agreement.
(ii) Subject to Article 12.02, where a conversion in a unit is approved, the candidate shall select the stream (professorial or alternate) to which she/he wishes to be appointed.
(b) Affirmative Action for Members of the CUPE 3903 Affirmative Action Pool
Subject to the pre-amble paragraphs of Article 12.21, Articles 12.21(a)(i), (ii) and (iii) and Article 12.21(b) will be read and applied such that a CUPE 3903, unit 2 candidate who meets the required criteria will be preferred over a non-CUPE 3903, Unit 2 candidate who also meets the required criteria (e.g. for 12.21(a)(i) a CUPE 3903, Unit 2 candidate whose qualifications are substantially equal and who is a member of a visible minority, an aboriginal person or a person with a disability and female shall be recommended for appointment in preference to a non-CUPE 3903, Unit 2 candidate whose qualifications are substantially equal and who is a member of a visible minority, an aboriginal person or a person with a disability and female).
New full-time faculty who have prior service at the University as contract faculty shall be awarded credit toward sabbatical leave entitlement at a rate of one (1) year of credit for each block of three Type 1 appointments (as defined by Article 11 of the CUPE 3903 Unit 2 Collective Agreement) to a maximum of one (1) such block per year and to a maximum credit of six (6) years.
Special Renewable Contracts (SRCs)
12.32
The parties agree that members of the CUPE 3903 bargaining unit who, as of 1 May 1999 were in the Unit 2 'Affirmative Action Pool' and who as of that date have fifteen (15) or more years of experience in unit 2 (may be non-consecutive and includes approved leaves) and who have taught at an intensity of an average of 2.5 courses or their equivalent over the last five (5) years will be eligible to apply for a five (5) year 'Special Renewable Contract' (SRC) in the YUFA bargaining unit.
A hiring unit wishing to receive an SRC position must apply through their Dean/Principal to the Office of the Vice President Academic. The application must describe how a renewable teaching appointment of the recommended candidate would assist the hiring unit in addressing its teaching needs and priorities. Hiring units may wish to discuss with cognate/sibling units, intra-or inter-Faculty, their needs and priorities and how they are currently met by contract faculty. The application must also document the quality of the recommended candidate's teaching, research or research potential, service potential, and the advantages to the hiring unit and candidate in awarding the candidate an SRC appointment.
Note: An individual will apply for an SRC to a hiring unit(s) or a Dean(s)/Principal and shall have 45 days to prepare her file which may include all the information the candidate deems appropriate. Where an application is submitted directly to a Dean(s)/Principal the Dean(s)/Principal will consult with the relevant hiring unit(s) concerning the application. The University will make its best efforts to announce SRC appointments before the common posting date of 22 April.
Eight SRCs were awarded in 1999-2000, five will be awarded in 2000-2001, and six will be awarded for 2001-2002 commencing on 1 July of each year, on the basis of the quality of the candidates and how the contracts would address the teaching needs and priorities of the hiring units. Appointment criteria will take into account the following: incumbency in courses falling within the position description, relevant academic qualifications, demonstrated research achievement or potential for same, service contributions or willingness to make service contributions, and seniority. Based on these criteria, the hiring unit will make a recommendation to its Dean/principal for the appointment of an SRC. In each case, the recommendation of the Dean will be forwarded to the Vice President Academic for approval.
The initial term of each contract will be five (5) years but the contract will normally be renewed by agreement of the department, Dean and individual for one additional five (5) year term or until retirement, whichever comes first. If at the end of the contract(s) an employee is within three (3) years of retirement, she or he will normally be extended to normal retirement date by agreement of the hiring unit, the Dean/Principal and the individual. Such agreement will not be unreasonably withheld.
As members of the YUFA bargaining unit, SRC appointees shall be eligible under the terms of this collective agreement for Progress-Through-the-Ranks increments (PTRs) and normal benefits and opportunities which accord to full-time faculty. However, credit towards sabbatical leave will be awarded on the basis set out in Article 12.31(c) above, but an SRC appointee will be eligible for only one sabbatical leave during the total duration of the appointees' term(s) (i.e. one leave in ten years or less).
SRC appointees may be in one Department/Faculty or cross-appointed to more than one Department/Faculty.
Note: The parties agree that this clause will be interpreted and applied in a manner consistent with the arbitration award concerning SRCs.