YUFA
Collective Agreement
2001-2003
Article 13
Tenure and Promotion
Tenure and Promotion of Faculty Members
13.01
The parties agree that promotion of probationary and tenured faculty members from one rank to another, and the award of tenure to faculty members, shall be by action of the Board of Governors, only upon recommendation of the President. The President shall, in making his/her recommendations, act in conformity with existing practices with respect to criteria and procedures for promotion and tenure, in so far as they relate to terms and conditions of employment. It is agreed that the existing practices are those as set out in the Report of the Senate Committee on Tenure and Promotions as of 29 November 1976 and the following amendments or related documents:
(a) the Alternate Stream document of 15 December 1977;
(b) the amalgamation of the Senate Committee on Academic Dismissal and the Tenure and Promotions Appeals Committee into the Senate Tenure Appeals Committee (24 May 1979) and excluding that Appendix to the Senate Committee's Report which deals with Procedures for the Dismissal of Tenured Faculty Members (pp 27-29).
(c) (i) the increase in membership of the Senate Committee on Tenure and Promotions to twelve (12) members, and,
(ii) for the consideration of files for tenure/promotion and promotion, the full Committee will be divided into two panels of six (6) members each, one panel to consider tenure/promotion files, the other to consider files for promotion to senior ranks (25 November 1992).
Amendments to these criteria and procedures shall require the approval of both parties.
The documents referenced above are included in this Agreement in their entirety as Attachment 1.
13.02
The parties agree that the renewal or non-renewal of the appointments of faculty members in the pre-candidacy phase of a probationary appointment, and their advancement to the candidacy phase, shall be by action of the Board of Governors, only upon recommendation of the President. The President shall, in making his/her recommendations, act in conformity with existing practices with respect to criteria and procedures for these decisions, in so far as they relate to terms and conditions of employment. It is agreed that the existing practices are those set out in the Report of the Senate Committee on Tenure and Promotions as of 29 November 1976 and the following amendments or related documents:
(a) the Alternate Stream document of 15 December 1977;
(b) the amalgamation of the Senate Committee on Academic Dismissal and the Tenure and Promotion Appeals Committee into the Senate Tenure Appeals Committee (24 May 1979) and excluding that Appendix to the Senate Committees' Report which deals with Procedures for the Dismissal of Tenured Faculty Members (pp. 27-29). (N.B. see section C 1(a) of the Report.)
Amendments to these criteria and procedures shall require the approval of both parties.
The documents referenced above are included in this Agreement in their entirety as Attachment 1.
Applicability of the Grievance and Arbitration Procedures
The recommendation of the President to the Board of Governors or his/her decision not to make a recommendation to the Board of Governors in respect of clauses 13.01 and 13.02 above shall be subject to the grievance and arbitration procedures set out in Article 9 of this Agreement. Such grievances shall be limited to:
(a) allegations of irregularity or defect, of a nature sufficiently serious to justify quashing the decision, in the application of the procedures established in clauses 13.01 and 13.02;
(b) allegations of violation of academic freedom (as defined in Article 10) or of discrimination (as defined in Article 3).
An arbitrator or arbitration board shall be limited in his/her/its jurisdiction to the matters set out in (a) and (b) of this clause, and shall be without power to reverse the President's decision or recommendation or to award tenure or promotion, but may quash the President's decision or recommendation on the grounds set out in (a) or (b). In such cases, time-limits established by existing practices for the processing or recommendations shall be appropriately amended.
Any alteration of procedures in a particular case necessitated by an arbitrator's decision to quash a decision on grounds of discrimination or violation of academic freedom shall be subject to approval by the parties.
13.05
Articles 13.01-13.04, 13.08, 13.09, and Article 9 shall be subject as necessary to the decisions of the interest arbitrator in the interest arbitration established under Article 13.05 of the 1979-81 Collective Agreement.
Continuing Appointment and Promotion of Professional Librarians
13.06
The criteria and procedures for continuing appointment and promotion of professional librarians and renewal or non-renewal of the appointments of professional librarians in the pre-candidacy phase of a probationary appointment and their appointment to the candidacy phase shall be applied as outlined in "Criteria and Procedures for Continuing Appointment or Promotion of Professional Librarians" of 25 September 1978, as amended. Amendments to these criteria and procedures shall require approval of both parties.
The document referenced above is included in this Agreement in its entirety as Attachment 2.
13.07
Promotion of librarians from one rank to another and the award of continuing appointment and the renewal or non-renewal of appointment, shall be by action of the Board of Governors, only upon the recommendation of the President. The President shall act upon the recommendation of the University Librarian / Dean, Faculty of Law, and both shall act in conformity with Article 13.06.
Applicability of the Grievance and Arbitration Procedures
The recommendation of the President to the Board of Governors or his/her decision not to make a recommendation to the Board of Governors in respect of clauses 13.06 and 13.07 above, shall be subject to the grievance and arbitration procedures set out in Article 9 of this Agreement. Such grievances shall be limited to:
(a) allegations of irregularity or defect, of a nature sufficiently serious to justify quashing the decision, in the application of the procedures established in clauses 13.06 and 13.07;
(b) allegations of violation of academic freedom (as defined in Article 10) or of discrimination (as defined in Article 3).
An arbitrator or arbitration board shall be limited in his/her/its jurisdiction to the matters set out in (a) and (b) of this clause, and shall be without power to reverse the President's decision or recommendation or to award tenure or promotion, but may quash the President's decision or recommendation on the grounds set out in (a) or (b). In such cases, time limits established by existing practices for the processing or recommendations shall be appropriately amended.
Any alteration of procedures in a particular case necessitated by an arbitrator's decision to quash a decision on grounds of discrimination or violation of academic freedom shall be subject to approval by the parties.