YUFA
Collective Agreement
2006-2009
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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 Tenure and Promotion Policy, Criteria and Procedures document as of 21 March 2002 and the Alternate Stream document of 15 December 1977. Amendments to these criteria and procedures shall require the approval of both parties.
The documents referenced above are printed under separate cover and form part of this Collective Agreement.
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 “Procedures Governing Decisions on Advancement to Candidacy” as of 19 October 1972 and incorporating amendments approved by Senate 29 November 1973 and 24 October 1974 and the Alternate Stream document of 15 December 1977. Amendments to these criteria and procedures shall require the approval of both parties.
The documents referenced above are printed under separate cover and form part of this Collective Agreement.
Applicability of the Grievance and Arbitration Procedures
13.03
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:
- 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;
- 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.
13.04
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 9, 13.01-13.04, 13.08, and 13.09 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 Promotion and Continuing Appointment 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 printed under separate cover and forms part of this Collective Agreement.
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
13.08
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:
- 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;
- 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.
13.09
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.