Agreement Between

 

 

SAINT MARY’S UNIVERSITY

www.smu.ca

 

and

 

SAINT MARY’S UNIVERSITY FACULTY UNION

www.smufu.org

 

 

September 1, 2015

to

August 31, 2018

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Description: SMU New Logo - SMU_vf_black



TABLE OF CONTENTS

TABLE OF CONTENTS. I

PARTIES TO THE AGREEMENT.. i

GENERAL PURPOSE OF THE AGREEMENT.. i

ARTICLE 1.0        DEFINITIONS. 1

1.1. 1

1.2. 3

ARTICLE 2.0        RECOGNITION.. 3

ARTICLE 3.0        UNION SECURITY AND CHECK-OFF. 4

3.1      Membership. 4

3.2      Checkoff Payments. 4

3.3      Deductions. 4

3.4      Dues Receipts. 4

3.5. 4

ARTICLE 4.0        EMPLOYER-UNION BARGAINING RELATIONS. 5

4.1      Representation. 5

4.2      Access to Campus. 5

4.3      Union Office. 5

4.4      Union Activities. 5

4.5      Technical Information. 5

4.6. 6

4.7. 6

4.8. 6

ARTICLE 5.0        EMPLOYER-UNION COMMITTEE. 7

5.1. 7

5.1.10. 7

5.1.20. 7

5.1.30. 7

5.1.40. 7

5.1.50. 7

5.2      Occupational Health & Safety. 8

5.2.1. 8

5.2.2        Refusal to Work. 8

5.2.3        Access to Treatment 8

5.2.4        Access to psychological services and counselling. 8

ARTICLE 6.0        NO STRIKES OR LOCK-OUTS. 8

6.1. 8

6.2. 8

ARTICLE 7.0        VALIDITY. 9

7.1. 9

7.2. 9

7.3      Academic Governance and Collegiality. 9

7.3.1. 9

7.3.2. 9

7.3.3. 9

7.3.4. 9

7.3.5. 10

ARTICLE 8.0        ACADEMIC FREEDOM, RIGHTS AND RESPONSIBILITIES. 10

8.1      Academic Freedom – Faculty members. 10

8.2      Academic Freedom – Professional Librarians. 10

8.3      Access to Information. 11

8.4      Responsibilities of Faculty. 11

8.4.10           Teaching. 11

8.4.11           Scholarship. 11

8.4.12           Service to the University, the Profession and the Community. 11

8.4.13           Annual Report of Activities - Faculty Members. 12

8.4.14           Annual Report of Activities - Librarians. 14

8.5      Privacy. 14

ARTICLE 9.0        NO DISCRIMINATION.. 15

9.1. 15

9.2. 16

ARTICLE 10.0     APPOINTMENT.. 16

10.1         Appointment – Faculty members. 16

10.1.10         Classes of Appointment 16

10.1.11         Tenure. 19

10.1.12         Probationary Appointments. 19

10.1.20         Procedures for Appointment 19

10.1.21         Part-Time Appointments. 23

10.1.22         New Programmes. 24

10.1.23         Enrolment Increases. 24

10.1.24         Cross-Appointments. 24

10.1.25         Interdisciplinary Programs. 25

10.1.26         Lecturer Stream (LS) 27

10.1.30         University Appointments Committee. 29

10.1.40         Mode of Appointment 32

10.1.41. 32

10.1.42. 33

10.1.43. 33

10.1.44         Termination of Appointment 33

10.2         Appointment – Professional Librarians. 34

10.2.10. 34

10.2.20. 34

10.2.30. 34

10.2.31. 34

10.2.32. 34

10.2.33. 34

10.2.40. 34

10.2.41. 34

10.2.42. 35

10.2.50. 35

10.2.51. 35

10.2.52. 35

10.2.60. 35

10.2.70. 36

10.2.80. 36

10.3         Appointment – University Librarian. 36

10.3.10. 36

10.4         Positive Action to Improve the Employment of Women, ABORIGINAL PEOPLES, VISIBLE MINORITIES, AND PEOPLE WITH DISABILITIES. 37

10.4.1. 37

10.4.2. 37

10.4.3. 37

10.4.4. 38

10.4.5. 38

10.4.6. 38

10.4.7. 38

10.4.8. 38

ARTICLE 11.0     RENEWAL, PROMOTION AND PERMANENCE. 38

11.1         Renewal, Promotion and Tenure - Faculty. 38

11.1.10. 38

11.1.11. 40

11.1.12. 40

11.1.13. 41

11.1.14. 42

11.1.20         Renewal of Appointment 42

11.1.21         Promotion. 43

11.1.22         Tenure. 44

11.1.30         Department Procedures. 44

11.1.31         The Role of Dean. 45

11.1.40         University Review Committee. 46

11.1.41         Union Observer 47

11.1.42. 47

11.1.43. 48

11.1.44. 48

11.1.45. 48

11.1.46. 49

11.1.48. 49

11.1.49         Decisions on Renewal, Promotion or Tenure. 49

11.1.50. 49

11.1.51. 50

11.2         Promotion, Seniority and Permanence – Professional Librarians. 50

11.2.10. 50

11.2.11(i) 50

11.2.11(ii) 51

11.2.12. 51

11.2.13. 52

11.2.14. 52

11.2.15. 52

11.2.16. 52

11.2.17. 52

11.2.18. 53

11.2.19. 54

11.2.20. 54

ARTICLE 12.0     RANK/CLASSIFICATION.. 54

12.1         Rank – Faculty Members. 54

12.1.10         Lecturer 54

12.1.11         Assistant Professor 54

12.1.12         Associate Professor 55

12.1.13         Professor 55

12.2         Rank – Professional Librarians. 55

12.2.10         Librarian I 55

12.2.11         Librarian II 56

12.2.12         Librarian III 56

12.2.13         Librarian IV. 56

12.2.20. 56

12.3         Rank – Lecturer Stream (LS) 56

12.3.10         Lecturer (LS) 56

12.2.11         Senior Lecturer (LS) 56

ARTICLE 13.0     DEPARTMENT CHAIRPERSONS, DIRECTORS OF DIVISIONS, PROGRAMME COORDINATORS AND ASSOCIATE DEANS - FACULTY. 57

13.1.10         Department Chairpersons’ Responsibilities. 57

13.1.11. 57

13.1.20         Appointment 59

13.1.21. 59

13.1.22. 60

13.1.23. 60

13.1.24. 60

13.1.40         Recall of Department Chairperson. 61

13.1.50         Directors of Divisions. 61

13.1.60         Programme Coordinators. 61

13.1.61. 62

13.1.62. 62

13.1.63. 62

13.1.65. 63

13.1.70         Associate/Assistant Deans. 63

13.1.71. 63

13.1.72         Appointment 63

13.1.73. 63

13.1.74. 64

13.1.75. 64

13.1.76         Recognition. 64

13.1.80. 64

ARTICLE 14.0     COUNCILS. 64

14.1         Faculty Council 64

14.1.10. 64

14.1.11         Executive of the Faculty Council 65

14.2         Library Council 65

14.2.10. 65

14.2.11. 65

14.2.12. 65

14.2.13. 66

14.2.14. 66

ARTICLE 15.0     WORKING CONDITIONS AND MISCELLANEOUS PROVISIONS. 66

15.1         Working Conditions – Faculty Members. 66

15.1.10. 66

15.1.11         Standard Daily Hours. 66

15.1.12         Standard Teaching Load. 67

15.1.13         Student Advising. 70

15.1.14         Outside Employment 70

15.1.15         Outside Professional Activities. 71

15.1.16         Technologically Mediated Courses and/or Programs. 72

15.1.17         Technologically Mediated Information Literacy Classes. 73

15.1.20         Professors Emeritus. 74

15.1.30         Reduction in Teaching Load for Scholarly Purposes. 74

15.1.31. 75

15.2         Working Conditions – Professional Librarians. 75

15.2.10. 75

15.2.11. 75

15.2.12. 75

15.2.13. 75

15.2.14. 75

15.2.15. 76

15.2.16. 76

15.2.20         Vacation - Professional Librarians. 76

15.2.21. 76

15.2.22. 76

15.2.23. 77

15.2.24. 77

15.2.25. 77

15.3         Miscellaneous Provisions. 77

15.3.10         Meeting with Candidates for Academic Administrator Appointment 77

15.3.20         Legal Liability. 77

15.3.30         Conflict of Interest 78

15.4         Intellectual Property, Patents and Copyright 78

15.4.01. 78

15.4.02. 78

15.4.03. 78

15.4.04. 79

15.4.05. 79

15.4.06. 79

15.4.07. 79

15.4.08. 79

15.4.09         Patents. 80

15.4.10. 80

15.4.11. 80

15.4.12. 80

15.4.13. 80

15.4.14. 80

15.4.15. 81

15.4.16. 81

15.4.17         Copyright 81

15.4.18. 81

15.4.19. 81

15.4.20. 82

15.4.21. 82

15.4.22. 82

15.4.23. 82

15.4.24. 82

15.5         Office Space and Equipment 82

15.6         Evaluation of Teaching Performance. 83

15.6.1. 83

15.6.2. 83

15.6.3. 84

15.6.4           Procedures. 84

15.6.5. 84

15.6.6. 84

15.6.7. 85

15.6.8. 85

15.6.9. 85

15.6.10. 85

15.6.11. 86

15.6.12         “Course Evaluations”. 86

15.7         On-Campus Day Care. 86

15.8         HOLIDAYS - FACULTY. 86

ARTICLE 16.0     SALARY AND ALLOWANCE. 87

16.1.10         Salary Adjustment 87

16.1.20. 88

16.2.10         Payment 89

16.2.20         Changes in the Academic Year 89

16.3.10         Overload Remuneration - Faculty Member 89

16.3.11. 89

16.3.12. 89

16.3.20         Honorarium for Department Chairperson. 90

16.3.21         Honorarium for Programme Coordinators. 90

16.3.22         Honorarium for Co-ordinators in the Library. 91

16.4         Tuition Waiver. 92

16.5.1           Stipends for Thesis Supervision. 92

16.6         Research Stipend. 92

16.7         Professional Development Expense Reimbursements. 92

16.8         Market Supplements at Initial Appointment 94

ARTICLE 17.0     EMPLOYEE BENEFIT PLANS. 95

17.1. 95

17.2. 96

ARTICLE 18.0     TRAVEL EXPENSES. 96

18.1         Travel Expense Fund for Scholarly Purposes. 96

ARTICLE 19.0     LEAVE. 97

19.1         Sick Leave. 97

19.1.10. 97

19.2         COMPASSIONATE CARE, BEREAVEMENT, AND EMERGENCY LEAVE. 97

19.2.10      Compassionate Care Leave. 97

19.2.11         Bereavement Leave. 98

19.2.12     Emergency Leave. 98

19.3         Sabbatical Leave - Faculty Members. 98

19.3.10         Principles. 98

19.3.20         Regulations. 99

19.4         Research or Professional Development Leave - Professional Librarians. 103

19.5         Leave of Absence for Political Office. 105

19.5.10. 105

19.5.20. 105

19.5.21. 106

19.5.30. 106

19.6         Pregnancy And Parental Leave. 106

19.6.1           Pregnancy Leave. 106

19.6.2           Pregnancy Leave with Supplemental Benefits. 106

19.6.3           Notice Required for Pregnancy Leave. 107

19.6.4           End of Pregnancy Leave. 108

19.6.5           Post-Natal Leave. 108

19.6.6           Parental Leave. 108

19.6.7           Parental Leave with Supplemental Benefits. 109

19.6.8           Notice Required to Take Parental Leave. 109

19.6.9           General Considerations. 110

19.7         Leave of Absence Without Salary - Faculty Members. 110

19.7.10. 110

19.8         Leave of Absence Without Salary - Professional Librarians. 111

19.8.10. 111

19.9         Paid Jury or Court Leave. 111

19.9.10. 111

19.10       General 112

19.11       Leave of Absence in Recognition of Administrative Service. 112

ARTICLE 20.0     DISCIPLINE AND DISMISSAL. 113

20.1.10. 113

20.1.20. 114

20.1.30. 114

20.1.40. 114

20.2.10. 114

20.2.20. 115

20.2.30. 115

20.2.40. 115

20.3.10. 115

20.3.20. 115

20.3.30. 115

ARTICLE 21.0     ENTRY OR RE-ENTRY TO THE BARGAINING UNIT OF ACADEMIC ADMINISTRATORS AND RELATED PROVISIONS. 116

21.1. 116

ARTICLE 22.0     GRIEVANCE AND ARBITRATION.. 117

22.1         General 117

22.1.1. 117

22.1.2. 117

22.1.3. 117

22.1.4. 118

22.2         Definitions. 118

22.2.1. 118

22.2.2           Types of Grievance. 118

22.3         Time Limits. 118

22.3.1. 118

22.3.2. 119

22.4         Termination of Employment 119

22.4.1. 119

22.4.2. 119

22.5         Grievance Procedures. 119

22.5.1. 119

22.5.2. 119

22.5.3. 119

22.5.4. 119

22.5.5. 120

22.5.6. 120

22.5.7. 120

22.6         Arbitration. 120

22.6.1. 120

22.6.2           Arbitration Board. 120

22.7         Powers of the Arbitration Board. 121

22.7.1. 121

22.7.2. 121

22.7.3. 121

22.8         Procedures. 121

22.8.1. 121

22.8.2. 121

22.8.3. 121

22.9         Decision. 122

22.9.1. 122

22.10       Expenses. 122

22.10.1. 122

ARTICLE 23.0     REDUCTIONS IN WORKFORCE. 122

23.1         Reductions in Faculty. 122

23.1.10. 122

23.1.11. 123

23.1.20         Lay-Off and Recall - Faculty Members. 123

23.1.21. 123

23.1.22. 124

23.1.23. 124

23.2         Reductions in Professional Librarians. 125

23.2.10. 125

23.2.11. 125

23.4         Lay-off and Recall - Professional Librarians. 125

23.4.10. 125

23.4.20. 126

23.4.40. 126

23.4.41. 126

ARTICLE 24.0     AMALGAMATION, MERGER, AND PROGRAM SUSPENSION OR CLOSURE  127

24.1         Amalgamation and Merger Protection – University. 127

24.2         Amalgamation, Merger, Suspension or Closure - Academic Programs. 127

24.2.1. 127

24.2.2. 128

24.2.3. 128

24.3         Amalgamation, Merger or Closure – Library. 128

24.3.1. 128

24.3.2. 128

24.3.3. 128

ARTICLE 25.0     OFFICIAL FILES. 129

25.1.10. 129

25.1.20. 129

25.1.30. 129

25.1.40. 129

25.1.50. 130

25.1.60. 130

25.1.70. 130

25.1.80. 130

ARTICLE 26.0     AMENDMENT TO UNIVERSITY ACT.. 130

26.1. 130

ARTICLE 27.0     CORRESPONDENCE. 130

27.1. 130

ARTICLE 28.0     COPIES OF THE AGREEMENT.. 131

28.1. 131

ARTICLE 29.0     TERM OF AGREEMENT.. 131

29.1         Duration and Application. 131

29.2         Notice of Renegotiation. 131

29.3. 131

Memorandum of Understanding.. 133

Memorandum of Understanding on Hiring and Retention of Women, Aboriginal Peoples, Visible Minorities, and People with Disabilities. 134

Schedule “A1” - Faculty Salary Scales. 135

Schedule “A2” - Professional Librarian Salary Scales. 138

Schedule “A3” – Lecturer Stream Salary Scales. 141

Schedule “B” - Grievance Form.. 143

Schedule “C” - Reduced Duties Status – Phased Retirement and Reduced Duties Status – Special Circumstances. 144

Schedule D – Faculty/Librarian Early Retirement Incentive Plan (ERIP)  147

Schedule E – Faculty/Librarian Retirement Incentive. 149

INDEX. 1

 


PARTIES TO THE AGREEMENT

This Agreement, hereinafter referred to as the “Agreement,” is entered into this  5th day of November, 2015, by and between Saint Mary's University, a body corporate, incorporated under the laws of the Province of Nova Scotia, hereinafter referred to as the "Employer" and the Saint Mary's University Faculty Union, hereinafter referred to as the "Union".

GENERAL PURPOSE OF THE AGREEMENT

The purpose of the Agreement is to promote and maintain harmonious relations between the University and its faculty and professional librarians, to promote fairness and equity in the relationship between the parties and among all individuals concerned, and to provide an amicable method of settling differences or grievances which may arise from time to time between the parties.  The parties mutually recognize that the purpose of the University, as defined in the Saint Mary's University Act, 1970, is to provide a facility for higher education through teaching, research and community service.  Both parties acknowledge that the University serves both its own members and society by advancing learning and disseminating knowledge through teaching, research, scholarship, and other creative activities. Both parties agree to work co-operatively towards developing the quality and effectiveness of the education provided by the University, and to encourage a climate of freedom, responsibility and mutual respect in the pursuit of the University's goals, and to jointly pursue the above objectives.

 


ARTICLE 1.0             DEFINITIONS

1.1

The following definitions refer to terms included in the Agreement:

(a)  "Employer" designates the Board of Governors of Saint Mary's University, as defined in the Saint Mary's University Act, 1970, as amended from time to time.

(b) "Employee" means a member of the bargaining unit, as defined by LRB No. 2056 (Amended Section 22) dated the 25th day of April, 1974, and amended the 30th day of April, 1974, made by the Labour Relations Board (Nova Scotia), and as clarified by letter from the Labour Relations Board (Nova Scotia) dated the 30th day of April, 1974; and LRB No. 3496 dated the 7th day of February, 1989 save and except for all those employees described in LRB No. 4370 dated June 14, 1996.

(c)  "Faculty Member" designates a member of the faculty of Saint Mary's University employed to do teaching or research or both.

(d) "Professional Librarian" designates a regular full-time Professional Librarian holding the rank of Librarian I, Librarian II, Librarian III or Librarian IV.

(e)  "Senate" designates the academic Senate of Saint Mary's University as defined in the Saint Mary's University Act, 1970.

(f)  "Faculty", "Division", "Department", "Program" and "Library" designate academic and administrative units into which Faculty Members and Professional Librarians are classified for their co-ordination and performance of their respective duties, and for the execution of the education activities of the University.  The units at the present time are:

i)          “Faculty of Arts” which at present consists of the Departments of Anthropology, English, Geography, History, Modern Languages and Classics, Philosophy, Political Science, Religious Studies, Sociology and Criminology; and the interdisciplinary programs of Asian Studies, Atlantic Canada Studies, Environmental Studies, International Development Studies, Irish Studies, Latin American Studies, Linguistics, and Women and Gender Studies.

ii)         “Sobey School of Business” which at present consists of the Departments of Accounting; Economics; Finance, Information Systems and Management Science; Management; and Marketing.

iii)        "Faculty of Education".

iv)        “Faculty of Science”, which at present consists of the Division of Engineering; and the Departments of Astronomy and Physics, Biology, Chemistry, Environmental Science, Geology, Mathematics and Computing Science, Psychology and the interdisciplinary program of Forensic Sciences.

v)         “Library”.

vi)        “Faculty of Graduate Studies and Research”, which at present consists of the graduate programs of Applied Science, Astronomy, Atlantic Canada Studies, Criminology, International Development Studies, History, Master of Business Administration, Master of Finance, Master of Management in Cooperatives and Credit Unions, PhD in Business Administration (Management), Philosophy, Psychology, Theology and Religious Studies, and Women and Gender Studies.

(g)  "Department Chairperson" or "Chairperson", and "Director of Division", designates the Chairperson of a Department and the Director of the Division of Engineering respectively, appointed in accordance with the provisions of Article 13.0 of the Agreement.

(h) "University Librarian" designates the Chief Librarian of the University Library.

(i)  "Programme Coordinator" presently designates the coordinator of a program identified in 1.1(f) above.

(j)  "Dean" designates the Dean of a Faculty.  "Assistant" and "Associate Dean" designates the Assistant or Associate Dean of a Faculty.

(k) "Academic Vice-President", “Academic Vice President”, “Academic Vice-president”, “Vice President, Academic & Research”, “Vice-President Academic and Research” and AVP, , designates the Vice-President, Academic and Research of Saint Mary's University.

(l)  "President" designates the President of Saint Mary's University.

(m)      "Academic Year" designates that period extending from Wednesday following Labour Day weekend in September to and including Convocation Day in May of the following year.

(n) Scholarship means the discovery, integration, interpretation and/or application of knowledge related to one’s discipline.  Scholarship must normally be public, susceptible to critical review and evaluation by one’s peers, and accessible for exchange and use by other members of one’s scholarly community.  Evidence of scholarship, including the scholarship of teaching, includes the following:

i)          Publication by a recognized publisher in print or electronic form including: books, textbooks, case studies, monographs, contributions to edited books, articles in refereed journals, book reviews, and presentation of refereed papers at professional and scholarly meetings;

ii)         Recognition by one’s peers including: participation as an editor or as a member of an editorial board of a journal or scholarly publication, and evaluating or refereeing the work of other scholars;

iii)        Intellectual and creative contributions to an academic discipline including: designing, developing and conducting major research projects; success in obtaining research and publication funding; conducting contract and/or applied research from which a report, study or text results; developing computer software; commissions to create work of academic or artistic value; and creative and artistic works, productions, and performances related to an academic discipline.

iv)        The scholarship of teaching consists of original and innovative thought and analysis related to pedagogy and/or learning that is disseminated publicly for peers to review, critically evaluate, and apply, or recognition by one’s peers internally and externally that an individual is a leader, or possesses outstanding stature or expertise, in the scholarship of teaching.  Good teaching does not constitute the scholarship of teaching.

(o) "Academic Administrator" designates the President, Academic Vice‑President, Deans and University Librarian.

(p) "Day" means working day unless otherwise stated.

(q) “Supernumerary Position” designates a faculty position that is an additional allocation to a Department or program that shall not be considered a position for the purpose of establishing allotments under Article 10.1.20(a) hereof. 

1.2

Throughout the Agreement, the masculine includes the feminine and the plural includes the singular, and vice versa, as the context may require.

ARTICLE 2.0             RECOGNITION

The Employer recognizes the Union as the sole collective bargaining agent for the members within the bargaining unit as defined by LRB No. 2056 (Amended Section 22) dated the 25th day of April, 1974 and amended the 30th day of April, 1974, made by the Labour Relations Board (Nova Scotia), and as clarified by letter from the Labour Relations Board (Nova Scotia), dated the 30th day of April, 1974, save and except for all those employees described in LRB No. 4370 dated June 14, 1996.  This Agreement shall also apply to all members employed as regular full-time Professional Librarians, as outlined in LRB No.3496 dated the 7th of February, 1989.

ARTICLE 3.0             UNION SECURITY AND CHECK-OFF

3.1         Membership

No Faculty Member or Professional Librarian is required to join the Union as a condition of employment.  However, each Employee, whether or not they are a member of the Union, shall pay the equivalent of union dues to the union.

3.2         Checkoff Payments

The University shall deduct any union dues or initiation fees from each Employee in accordance with the Union's Constitution and By-Laws.

3.3         Deductions

Deductions shall be made from each payroll and shall be forwarded to the Treasurer of the Union not later than the 15th day of the following month, accompanied by a list of names and ranks of Employees from whose salaries the deductions have been made.

3.4         Dues Receipts

At the same time that Income Tax (T-4) slips are made available, the University shall supply to each Employee, without charge, a receipt in the name of the Union in the amount of Union dues paid by them in the previous calendar year.

3.5

The Union agrees and shall indemnify and save harmless the Employer from any liability or action of any kind whatsoever that may arise out of deductions made from the pay of any Employee pursuant to 3.2 hereof.

ARTICLE 4.0             EMPLOYER-UNION BARGAINING RELATIONS

4.1         Representation

(a)  The Employer shall not bargain with or enter into any agreement with a member or group of members of the bargaining unit other than those designated by the Union, provided, however, that so long as the salary floors of the Agreement are adhered to, the Employer may bargain with individual Faculty Members or Professional Librarians with respect to an upward adjustment of salary levels.

(b) The Employer shall notify the Union and provide a rationale of any upward adjustments in a Faculty Member’s or Professional Librarian’s individual salary in excess of that provided in Article 16.0.

(c)  The Employer and a Faculty Member or Professional Librarian may negotiate an agreement, in consultation with the Department or the Library, for a voluntary separation or for a voluntary reduced workload on an on-going basis (see Schedule C).  In such negotiations the Faculty Member or Professional Librarian shall be entitled to representation by a representative of the Union or an agent of their choice.  The agreement between the Employer and the Faculty Member or Professional Librarian shall be set out in writing in advance and a copy shall be sent to the Union at least 10 days before the agreement is signed.

4.2         Access to Campus

Any duly designated representative or counsel of the Union shall have access to the University's premises to consult with Employees, Union officials or the Employer.

4.3         Union Office

The Employer will provide the Union with an office for the period of this Agreement, together with the necessary office equipment standard at the University, excluding a telephone.

4.4         Union Activities

The Employer shall allow the Union to hold meetings and to sponsor educational functions such as lectures, seminars, and workshops for members of the Saint Mary's University community on the University premises subject to the administrative regulations in force from time to time with respect to the scheduling of meeting and lecture facilities.

4.5         Technical Information

The Employer shall make available to the Union, on request, the following information:  salaries and ranks of employees, full budgets approved annually by the Board of Governors, annual financial statements of the University, and copies and contractual arrangements of pension and other benefit plans.  It shall consider other requests for information.  It is understood and agreed that information provided will be held in confidence.

4.6        

Except to the extent and to the degree agreed upon by the Employer and Union, no work ordinarily performed or which could be performed by an Employee covered by this agreement shall be performed by another employee of the Employer or by a person who is not an employee of the Employer.  This provision shall not exclude the appointment of part-time faculty in accordance with Article 10.1.21 nor the awarding of academic credit through articulation agreements or joint degree programs that have been approved by Senate, or transfer credits that are approved through procedures approved by Senate.

4.7

With respect to the percentage of credit courses taught by full-time vs part-time faculty:

(a)  In each academic year, the full teaching capacity of the authorized full-time faculty allotment including overloads as defined in 15.1.12(m) shall be greater than 70% of the total number of credit courses (FCEs) offered by the University.

i)          Full teaching capacity shall be determined by summing the standard teaching loads assigned to each authorized faculty position, including overloads, as defined in Article 15.1.12, excluding any reduction(s) in a member’s standard teaching load that has been granted for research or administrative purposes.

(b) No later than February 1 the University shall provide the Union with a list of courses and lab sections taught, together with the names of instructors and the provision of Article 10 under which each instructor held an appointment.

4.8        

In the event that the full teaching capacity of the authorized full time faculty allotment including both Tenure Stream and Lecturer Stream faculty falls below the level required under 4.7(a), the University shall authorize an appointment or appointments of Tenure Stream faculty under Article 10.1.23 sufficient to restore the percentage to at least the required level, taking into account any additional positions that have been authorized under 10.1.10(a) and (b) and/or 10.1.10g.  In the allocation of the additional appointments the needs of those academic units whose full teaching capacity falls most below 70% shall be taken into account. The academic units receiving such appointments may proceed to fill those positions for the following academic year.

ARTICLE 5.0             EMPLOYER-UNION COMMITTEE

5.1

5.1.10

Without prejudice to the implementation or administration of the Agreement, an Employer‑Union Committee shall be established to consider matters affecting the welfare of the University which arise from responsibilities of the Employer and Employees.  The function of the Committee shall be to review complaints, suggestions or information placed before it by the Employer or Union and to make recommendations to the appropriate bodies or individuals concerning them.

5.1.20

The Employer‑Union Committee shall not be a substitute for the process of grievance or arbitration and shall not consider matters concurrently under the grievance or arbitration procedures as defined in this Agreement.

5.1.30

The Committee shall consist of three (3) representatives of the Employer, one of whom shall be a Member of the Board of Governors of Saint Mary's University who is not a member ex-officio or through faculty or student appointment, and three (3) representatives of the Union who shall serve during the academic year.  One member from the Union Representatives shall serve as Chair from July 1 to Dec 31 of each year and one member of the Employer Representatives shall serve as Chair from January 1 to June 30.

5.1.40

The Chairperson shall call a meeting when business arises or upon request from the Union or Employer.  The Chairperson shall be responsible for the agenda and minutes.

5.1.50

Minutes of each meeting of the Committee shall be prepared and signed by the Chairperson and circulated to the members of the Committee and to the President and the President of the Union as soon as possible after adjournment.

5.2         Occupational Health & Safety

The parties agree that the health and safety of Employees is an important mutual concern.  The parties agree that they shall cooperate in promoting the health and safety of Employees at the University and in effecting compliance with the Nova Scotia Occupational Health and Safety Act.

5.2.1

The Employer and the Union recognize that acts or threats of physical violence in the workplace can be an occupational health and safety issue.

5.2.2          Refusal to Work

Refusal to work is covered by the Nova Scotia Occupational Health and Safety Act (sections 43/44). Website: gov.ns.ca/labr/ohs/

Employees wishing to refuse work must exhaust all avenues under the Occupational Health and Safety Act.

5.2.3          Access to Treatment 

Where an injury occurs at the workplace such injury should be reported immediately to University Security who will then contact emergency services. Costs for the provision of such services above those covered by Provincial Health Services, the University’s extended health care, EAP, or other applicable insurance plans, will be covered by the Employer.

5.2.4          Access to psychological services and counselling

The University’s Employee Assistance Program is available for Employees who have been involved, directly or indirectly, or who may have witnessed a traumatic incident in the workplace.

ARTICLE 6.0             NO STRIKES OR LOCK-OUTS

6.1

It is agreed that there shall be no strike, work stoppage, or lock-out, as defined by the Nova Scotia Trade Union Act, unless all the requirements, conditions and limitations specified in the said Act are adhered to.

6.2

In the event that any employees of Saint Mary’s University, other than those covered by this Agreement, engage in a lawful strike or are locked-out, Employees covered by this Agreement shall not be required to perform work normally done by such striking/locked-out employees.

ARTICLE 7.0             VALIDITY

7.1

All provisions of the Agreement are subject to applicable laws now or hereafter in effect, including Saint Mary's University Act, 1970.  If any proclamation, regulation, federal or provincial law now existing or hereafter enacted shall invalidate any portion of the Agreement, the remainder of the Agreement shall not be invalidated.

7.2

The Employer shall exercise its management functions in a manner that is reasonable and which recognizes the importance of maintaining a climate in which Employees can effectively carry out their responsibilities.

7.3         Academic Governance and Collegiality

7.3.1

The Employer acknowledges the right of Employees to participate in the formulation and/or recommendation of policies and procedures within the University through duly constituted collegial bodies and committees. The continued involvement and participation of Faculty Members and Professional Librarians in the selection of senior academic administrators is accepted and supported by the Parties to this Collective Agreement.

7.3.2

The Employer recognizes the right, privilege, and responsibility of Faculty Members and Professional Librarians to participate in the collegial processes of the University including, but not limited to, major planning exercises and initiatives.

7.3.3         

Employees have a right to vote in Department and Faculty meetings except where there is a personal conflict of interest as specified in Article 15.3.30 or elsewhere restricted in this Collective Agreement.

7.3.4         

Any policies affecting Employees introduced by the Employer and the implementation of such policies shall not be inconsistent with the provisions of this Collective Agreement.

7.3.5         

No action or policy of Senate shall violate the rights of Employees as negotiated in this Collective Agreement.

ARTICLE 8.0             ACADEMIC FREEDOM, RIGHTS AND RESPONSIBILITIES

8.1         Academic Freedom – Faculty members

The common good of society depends on the search for knowledge and its free exposition.  Academic freedom in universities is essential to both these purposes in the teaching function of the university as well as in its scholarship and research.  Faculty shall not be hindered or impeded in any way by the University or the Faculty Union from exercising their legal rights as citizens.  Academic freedom does not confer legal immunity, nor does it diminish the obligation of faculty to meet their contractual responsibilities to the university.  The parties agree that they will not infringe or abridge the academic freedom of any Faculty Member.  Faculty Members are entitled, regardless of prescribed doctrine, to freedom in carrying out research and in publishing the results thereof, freedom of teaching and of discussion, freedom to criticise the university and the faculty union, and freedom from institutional censorship.  Academic freedom carries with it the duty to use that freedom in a manner consistent with the scholarly obligation to base research and teaching on an honest search for knowledge. In exercising their academic freedom, Faculty have a responsibility to respect the academic freedom and rights of other members of the University Community.

8.2         Academic Freedom – Professional Librarians

The University is committed to ensuring that its library provide to the University Community the opportunity to access all expressions of knowledge, intellectual activity, information and ideas, subject to the University's policies on confidentiality and its resources.  It is the responsibility of Librarians to promote such access, and to responsibly resist any efforts to limit such access.  Such responsibility implies the right to investigate, speculate and disseminate knowledge.  This responsibility does not confer legal immunity, nor does it diminish the responsibility of Librarians to meet their contractual obligations to the University.  Professional Librarians shall not be hindered or impeded in any way by the University or the Union from exercising their legal rights as citizens.  Professional Librarians are entitled, regardless of prescribed doctrine, to freedom in carrying out their professional responsibilities, freedom of discussion, and freedom from institutional censorship. In exercising their academic freedom, Librarians have a responsibility to respect the academic freedom and rights of other members of the University Community.

8.3         Access to Information

The University is committed to ensuring that its Library and ITSS provide to the members of the university community covered by this Agreement the opportunity to access all expressions of knowledge, intellectual activity, information and ideas, subject to the University’s policies on confidentiality and its available resources.  It is understood that this access does not include access to the University’s own administrative and financial databases.  This right to access to information carries with it the duty to use such information in a responsible way, consistent with fair and ethical dealings with students and colleagues and consistent with the employee’s performance of their employment responsibilities.

8.4         Responsibilities of Faculty

A Faculty Member’s responsibilities encompass teaching; scholarship; and service to the University, the profession and the community.  There shall be a balance of these responsibilities as appropriate to the member’s discipline.  In carrying out these responsibilities, Faculty Members shall demonstrate performance appropriate to their rank, and evidence of continuing scholarly growth and professional development in their areas of responsibility.

8.4.10        Teaching

Faculty have an obligation to make all reasonable efforts to develop and maintain their scholarly competence and effectiveness as teachers, and to perform teaching duties as specified under procedures outlined in this Collective Agreement.  The Employer shall provide Faculty with the resources necessary to assist them in maintaining their competence and effectiveness as teachers.

8.4.11        Scholarship

Faculty Members are entitled and expected to engage in scholarship (as defined in Article 1.1(n)), to show scholarly integrity therein, and to disseminate the results of their scholarship or exhibit the results of their creative work.  It is the responsibility of the Employer to provide reasonable resources for the conduct of scholarly activity and its dissemination.

8.4.12        Service to the University, the Profession and the Community

(a)  Faculty Members have the right and the responsibility to participate in the functioning of their Departments, Faculties, and the University. Faculty Members also have the right to participate in the Faculty Union. Service to the University shall include, but not be limited to, administrative duties and committee service, where relevant, that is related to each of these units. Where participation in such bodies is by election or appointment, a Faculty Member shall be elected or appointed only with their consent. Those who have the responsibility to make such appointments shall make every effort to ensure that academic, professional and University service commitments are equitably shared.

(b) Faculty Members have the right and responsibility to participate in their profession, and academic community through active membership on appropriate bodies, such as councils, committees, Senate, editorial boards, and as referees for the evaluation of scholarly work.

(c)  Community Service includes participation in activities and organizations outside the University where the Faculty Member’s academic, professional, teaching and/or research interests and competencies form the basis for such participation.

8.4.13        Annual Report of Activities - Faculty Members

(a) Each Faculty Member shall submit four (4) copies of an annual report of Activities to their Chairperson, by October 15th of each year with the exception of probationary appointees who shall report in compliance with 10.1.12.  The Chairperson shall make a copy immediately available to all Department members and invite them to review and comment on the reports by November 15.  The Chairperson shall summarize any comments that may be received and submit them to the Dean together with their own comments and two copies of the reports by November 30.  The Dean shall forward one copy of all annual reports for their faculty together with the Dean’s comments to the Academic Vice-President.  A copy of the Dean’s comments shall be sent to each Faculty Member and to their Chairperson.  The Annual Report shall include a statement of activities for the previous September 1 to
August 31 period.  The Annual Report and the written feedback shall be kept in the Faculty member’s official file.

(b) The Annual Report for Faculty Members shall include the following information, as applicable:

Teaching

Š               Teaching responsibilities including courses taught, the number of students in each course, and supervision of graduate and undergraduate theses;

Š               Evidence of teaching effectiveness, as indicated in Article 15.6.

Scholarship

Š               Scholarly papers published in peer-reviewed journals

Š               Peer-reviewed Book Chapters or Books

a.     Book Chapters

b.     Books

c.     Edited Collections and Critical Editions

 

Š               Conference papers

a.     Refereed

b.     Invited

c.     Non-refereed

 

Š               Other publications

a.     Book reviews

b.     Unrefereed books or book chapters

c.     Unrefereed research papers

d.     Contract reports

e.     Popular articles or other items

f.      Filed and approved patents

 

Š               Research and other scholarly work in progress;

Š               Research grants and contracts awarded, name of granting body, research title, amount awarded and the date awarded, and indication of peer review;

Š               Graduate degrees awarded or graduate studies in progress, and the expected date of completion, university, and title of thesis;

Š               Courses, workshops, or seminars completed;

Š               Awards and other honours received.

      In describing their scholarship in their annual reports, Faculty Members shall use the citation or referencing system that is appropriate to their discipline.  That information must include, however, the list of authors in the order that they appear in the publication, the date of publication, the title of the publication, the journal title in full (not abbreviated), the volume number and both the start and finish page numbers.  In the case of books, the Faculty Member should indicate the name and location of the publisher; for book chapters the Faculty Member should also include the title of the chapter and the page number and the names of the editors and the title of the book in which the chapter is contained.  If any of the above are listed as being submitted or in press, give name of journal or book, the date of submission (month and year), and if accepted give date of acceptance (month and year).  If any of the above are electronic publications, give the URL for the publication.

Service

Š               departmental, Faculty, Senate, Board, Faculty Union and other University activities;

Š               contributions to the Faculty Member’s profession;

Š               contributions to the Faculty Member’s community;

Š               in the case of Department Chairs, Program Coordinators, and Associate Deans, a summary of principal accomplishments in these roles;

Š               any other information that the Faculty Member deems relevant.

(c)  The material listed under Scholarship, above, may be abstracted and compiled by the Vice-President, Academic and Research, or the Vice-President, Academic and Research’s confidential delegate, to prepare statistical and aggregate data for reporting purposes to internal and external bodies and agencies.

8.4.14        Annual Report of Activities - Librarians

(a)  Each Librarian Member shall submit to the University Librarian a copy of an Annual Report of Activities by October 31 of each year.  The Annual Report shall include a statement of activities for the period from the previous September 1 to August 31.  The Annual Report will be kept in the Librarian’s official file.

(b) The Annual Report for Librarians shall include the following information:

Š               Publications;

Š               Presentations at professional conferences;

Š               Research and other scholarly work in progress;

Š               Contribution to the library profession;

Š               Service on committees within the university;

Š               Courses, workshops or seminars completed;

Š               Degrees, diplomas and/or certificates awarded or in progress and the expected date of completion;

Š               Any other information that the Librarian deems relevant.

8.5         Privacy

(a)  Employees have a right to privacy in their personal and professional communications and files, including but not limited to any communication on paper or in an electronic form. The level of privacy does not exceed, however, that of reasonable expectations.

(b) In the spirit of Academic Freedom as defined in this Collective Agreement an Employee's office, classroom, work space, laboratory, computer accounts, or any material or intellectual property produced by the Employee shall not be subject to surveillance without just cause and prior notification.

(c)  Mail, telephone, E-mail, Internet and other services provided to Employees by the Employer are provided for the purpose of assisting Employees in the performance of their scholarship, research, teaching and service responsibilities, and may be used in the conduct of outside employment and professional activities, as specified in this Collective Agreement. Employees will use these services only for the performance of these duties and responsibilities.

(d) Notwithstanding 8.5 (c), the occasional mailing of personal letters at the Employee’s expense, use of local telephone services at no expense to the Employer, the receiving and sending personal e-mail messages and use of the Internet for personal reasons will not be a violation of 8.5 (c) absent advance notification from the Employer that either the quantity or nature of the usage constitutes a violation.  In no case, will these services be used by Employees for commercial reasons except with permission of the Employer.

(e)  As per 8.5(a) Employee files and personal communications, including those that are stored or transferred electronically on University computer systems, are private. The Employer reserves the right to monitor and access user accounts in order to maintain the integrity of the computer system in a secure and reasonable manner.  Only authorized personnel in the performance of their employment duties may access and monitor the use of information technology and computing facilities. The Union shall be provided with a list of these personnel.

The University will treat Employee communications and files as confidential and will not examine or disclose information without just cause nor disclose information to a third party unless it is for use in a disciplinary or criminal investigation or has been the subject of a subpoena served on a representative of the University.  Authorization to search, access or disclose personal data will require the approval of the Vice President, Administration. The Union shall be notified of any exercise of this clause and the circumstances leading to that exercise.

(f)  If discipline is to be imposed for any misuse of the e-mail, Intranet/Internet, Voice Mail, or Mail systems it must be imposed in accordance with the provisions of Article 20.0 of this Collective Agreement.

ARTICLE 9.0             NO DISCRIMINATION

9.1

The Employer and the Union agree that there will be no discrimination against any Employee because of race, religion, colour, sex, national origin, creed, marital status, sexual orientation, gender identity, gender expression, physical or mental disability  (except in those cases where the disability precludes the performance of employment duties), family relationship, place of residence, political affiliation, age, or membership, non-membership or activity in the Union or in any other organization not proscribed by the Criminal Code.

9.2

Employees with a physical or mental disability have the right to reasonable accommodation, up to the point of undue hardship to the Employer to meet the occupational requirements of the position. Once reasonable accommodation of such disability has been provided, the Employer shall expect the Employee to meet the bona fide occupational requirements of the position.

ARTICLE 10.0           APPOINTMENT

10.1       Appointment – Faculty members

10.1.10      Classes of Appointment

Appointments shall be of seven classes:

(a)  Those that confer tenure;

(b) Those that confer probationary status on the appointee, it being understood that during the course of their appointment the Faculty Member will become entitled to consideration for promotion, renewal and tenure according to the procedures stipulated in Article 11.1;

(c)  Those made for a contractually limited term, i.e.,

i)         

(a)            Faculty Members who would otherwise be qualified for appointment under (a) or (b) of this Article may be appointed to one or more limited-term appointments of up to a total of 36 months in order to staff vacancies due to leave, or temporary disability, or to replace Faculty Members who have been appointed to Academic Administrative positions.

(b)           Vacancies arising out of Faculty Members being appointed to Academic Administrative positions shall be staffed by appointments made under (a) or (b) of this Article if such Academic Administrative appointments last for more than six (6) years.  No individual shall be appointed for more than two consecutive three (3) year limited-term appointments.

(c)            Any Faculty Member who, following a limited-term appointment under the provisions of this clause accepts an immediately subsequent probationary appointment in the same Department shall have the option to be credited with the time spent in the limited-term appointment when being considered for renewal of the probationary appointment, for tenure, for promotion and for sabbatical leave.  The Faculty member’s decision to receive, or not to receive, credit for up to three years spent in a limited term position shall be communicated in writing to the Academic Vice President.  This decision shall be stated in the Faculty Member’s letter of appointment (10.1.42).

ii)         Faculty Members who would otherwise be qualified for appointment under (a) or (b) of this Article may be appointed to a three (3) year limited-term appointment in order to staff allotments for new programmes, as provided for in Article 10.1.22 below, or to accommodate anticipated increases in enrolments or actual increases which appear to be of a purely temporary nature, as provided for in Article 10.1.23 below.  If after two years, the new programmes prove viable, or the increase in enrolment appears likely to be of a continuing nature, appointments made under the provisions of this clause shall be deemed to have been initial probationary appointments and the provisions of Article 10.1.12 and 11.1.20 below shall apply.  However, if the President concludes that two years was insufficient to determine the viability of new programmes or the persistence or likelihood of enrolment increases, appointments under the provisions of this clause may be renewed for a maximum period of two years by following the procedures outlined in Article 11.1 for renewal of appointments.  At the end of four (4) years a decision shall be reached either to terminate such appointments at the end of their fifth year or to transform them into tenured positions in which case the incumbents shall be considered for tenure as if their appointments had been made under the provisions of clause (b) of this Article.

iii)        Distinguished visiting professors.  No one shall receive two successive appointments for a contractually limited term under the provisions of this clause without consultation with the Union and approval of the Department and the Employer, providing that in no case shall the total limited‑term service exceed three (3) years.

iv)        Where the qualifications of applicants do not meet the requirements of the position, a terminal appointment may be made with the approval of the Department and in consultation with the Union.  No one shall receive appointments for contractually limited term appointments under this article for more than a total of thirty-six (36) months.  In no case shall anyone appointed to a contractually limited term under this clause receive a limited term position under any other provisions of Article 10.0.  The Union shall be notified of all such appointments.

 (d)      Part-time appointments.(See Article 10.1.21)

(e)  Faculty members from other institutions and other professionally qualified persons who are expected to make a significant contribution to the teaching and/or research activity of the University may be given, upon the recommendation of the appropriate Department or Program and the Dean, the title of Adjunct Professor. Where the Department and the Dean disagree, the appointment shall be referred to the University Appointments Committee for resolution.  Faculty who hold probationary or tenured appointments at Canadian Universities that are members of the  Universities Canada shall be deemed to be qualified to hold an adjunct appointment at Saint Mary’s upon presentation of evidence of their probationary or tenured status at their home university and upon approval of the relevant Department/Program.  The university reserves the right to verify the candidate’s credentials.  The holding of such a title shall be reviewed every three (3) years.  The Academic Vice-President, through the Dean of the relevant Faculty, shall advise Departments or Programs of the names of adjunct faculty members who are due for review and the Department or Program shall recommend either continuance or discontinuance of adjunct status.  If the Department or Program, Dean and the Academic Vice-President agree on continuance or discontinuance their decision is final.  If the Department or Program, Dean and the Academic Vice-President disagree on continuance or discontinuance the matter shall be referred to the University Appointments Committee.

(f)  Persons who hold research fellowships at Saint Mary's through external funding, or other qualified individuals supported by grants may be appointed as Research Fellows.  Such an appointment must be approved by the appropriate department(s), centre(s), institute(s), or program(s), and by the Dean of Graduate Studies & Research.  A Research Fellow shall not be a member of the Bargaining Unit, nor be covered by the Collective Agreement with the exception of this clause.  A Research Fellow shall be entitled to use of University and departmental, program, centre, or institute support services on the same basis as a regular Faculty Member and shall be given by appropriate Department(s), Program(s), Centre(s), or Institute(s) the opportunity to supervise graduate or honours students and, with the approval of the Appointments Committee, to teach up to the equivalent of two (2) full courses per year.  A Research Fellow shall not participate in departmental, program, centre, or institute voting.  Other entitlements must be agreed to by the appropriate Department(s), Program(s) Centre(s), or Institute(s) and the Dean of the Faculty or, in the case of Centre(s) and Institute(s), the Dean of Graduate Studies and Research.  Once made, the appointment shall remain in effect for the duration of the aforementioned fellowship or for a period specified in the letter of appointment.

(g)  Lecturer Stream Appointments (See Article 10.1.26)

10.1.11      Tenure

Tenure means permanency of appointment up to termination of employment and is subject to the right of the Employer to dismiss for just and proper cause in accordance with the provisions and procedures stipulated in Article 20.0.  Permanency of appointment includes entitlement, during the appointment, to all rights, benefits and privileges specified in the Agreement.

10.1.12      Probationary Appointments

(a)  Faculty Members taking up a full-time University appointment under the terms set by 10.1.10(b) or 10.1.10(g) above shall be given an initial probationary appointment of three (3) years to be followed, if the appointment is renewed, by a second probationary appointment of two (2) years.

(b) All Faculty Members on a probationary appointment (set by 10.1.10(b) or 10.1.10 (g)) will be required to submit by July 31, a detailed annual report, as specified in Article 8.4.13, to the Chairperson.  The Chairperson, after consultation with the Department, will provide written feedback to the Faculty member on the annual report submitted, by September 30.  This written feedback to the probationary appointee shall be copied to the Dean.  The Dean shall provide a separate written assessment to the Faculty Member by November 30.  Both the annual report and the written feedback will be kept in the Faculty Member’s official file.

10.1.13

Appointments to the rank of Lecturer or Assistant Professor shall ordinarily be probationary appointments. Appointments to the rank of Associate Professor or Professor may be tenured appointments.

10.1.20      Procedures for Appointment

It is understood and agreed that all appointments are first subject to all laws of the land including Canadian immigration regulations and subject also to any consensus arrived at among Canadian universities pertaining to priority consideration for Canadian applicants.  Subject to the foregoing, the following procedure shall be used in making full-time academic appointments:

(a)  Departmental allotments for the following academic year shall be established by the University, after consultation with Departments and Deans.  Departmental allotments of full-time faculty in the Tenure Stream, in the Lecturer Stream and for sabbatical leave replacements shall be made known to Departments as soon as circumstances reasonably permit, but in any event no later than October 31st, except that increases in allotments may be authorized after that date. This notification shall also include the number of supernumerary positions, if any, in the Department.

i)          Where increases in faculty allotments are contemplated, the Vice-President, Academic and Research shall notify all Departments of the number of new positions that are anticipated and invite formal submissions from Departments and recommendations from the appropriate Dean(s).  Where downward adjustments are contemplated, the Vice-President, Academic and Research shall notify the Department(s) concerned and the Union and invite formal submissions from the Department(s) and recommendations from appropriate Dean(s).  The Vice-President, Academic and Research shall consider Departmental submissions and the recommendations of Deans before arriving at a decision with respect to allotments and shall communicate their decision(s), with reasons, in writing to appropriate Chairs and Deans.  The Vice-President, Academic and Research’s decision shall be in accordance with the University’s Academic Plan.  The Vice-President, Academic and Research’s final decision shall also be communicated to the President of the Union.

(b) The Deans shall inform the Vice-President, Academic and Research and the Department Chairs of the existence of any vacancies or expected vacancies as soon as they become known.  Vacancies shall be advertised in relevant Canadian academic and professional journals, including the CAUT Bulletin and University Affairs when published as well as in relevant non-Canadian academic and professional journals,  where appropriate.  Such advertisements shall be prepared by the Chairperson, approved by the Department, and forwarded to the Dean, together with a recommended list of publications in which the advertisement is to be placed.  Should the Dean wish to change the advertisement, they will consult with the Department Chairperson regarding the change. In the event that the Chairperson disagrees with the Dean’s changes, the Dean will forward the Chairperson’s written comments on the changes along with the advertisement and the proposed list of publications to the Vice-President, Academic and Research for approval. The Vice-President, Academic and Research shall place the advertisements to appear as soon as possible, and shall, in addition, supply a copy of each advertisement to the University Appointments Committee and the President of the Union.

i)          The responsibilities of the University Appointments Committee shall be to review the dossiers, which shall include the candidate’s letter of application and curriculum vitae, at least three letters of reference, and recommendations from the Department and the Dean.  These recommendations should include an explanation of why the recommended candidate is best suited for the position, and a clear rationale for the proposed rank and step.  In cases where an individual who is not a Canadian citizen or landed immigrant is being recommended, the recommendation shall also include a list of all applicants who were Canadian citizens or landed immigrants and a statement why each did not meet the minimum qualifications as laid out in the advertisement for the position.  These recommendations should also report on the gender of all applicants in accordance with Article 10.4.

(c)  Applications for appointment shall be directed to the appropriate Department Chairperson.  The Chairperson shall make all the applications and dossiers available to the Department and, on request, to the Dean.

(d) Each Department shall establish a Selection Committee of three (3) members who hold appointments under 10.1.10(a), (b) or (g) subject to the requirements of 10.4.4 and who are elected by the Department.  At the discretion of the Department, all Department members holding appointments under 10.1.10(a), (b) or (g), subject to the requirements of 10.4.4, may comprise the Selection Committee.  The Selection Committee shall examine all dossiers, including proof of qualifications, treating them as confidential documents.

(e)  The Selection Committee shall establish a list of all applicants, submit their dossiers to the Department, and, after discussion with department members, present a short list of no more than three (3) recommended applicants for each position and their dossiers, in order of priority, to the Dean.  Establishment of the short list and the ranking of the applicants on it shall be based solely on academic merit and teaching capability.  The short list will be accompanied by a written statement outlining the reasons for the choice of candidates on the short list.

(f)  The Chairperson, with approval of the Dean and Selection Committee, shall arrange for interviews including, where possible, meetings between the candidates and the Dean, the Academic Vice-President, the President and the Department.  Notice of such meetings shall be circulated to all Department Members through internal mail at least one week prior to the meeting.

(g)  Interviews shall be conducted by the Selection Committee and the Department shall schedule a meeting with the Candidate involving the Department and the Candidate.

(h) Following majority approval of those Departmental Members holding appointments under 10.1.10(a), 10.1.10(b), 10.1.10(c)ii) and 10.1.10(g), the Selection Committee, through its Chairperson, shall recommend a specific Candidate at a specific rank (including the year in rank in accordance with 10.1.30(b)v)), consistent with the criteria in Article 12.1 to the Dean with a rationale for the candidate's suitability for the appointment at that rank.  The Committee in its recommendation may suggest a salary it deems appropriate and any special conditions for the appointment.  The Chairperson of the Selection Committee shall also send the recommended Candidate's file to the Dean.  Should the Dean question the Selection Committee's recommendations they shall meet with the Selection Committee to discuss their reservations.  Following this meeting the Dean may make a separate assessment of the Candidate and forward it along with the Selection Committee's recommendation and the recommended candidate's file to the Academic Vice-President.  The Dean may also forward to the Academic Vice-President their comments on the suitability of other Candidates who have applied for the position and in particular must comment on the Selection Committee's recommendation in the context of Articles 10.4.1 to 10.4.5.  The Dean shall submit their recommendations and comments to the Academic Vice-President within five (5) working days of receipt of the Selection Committee report, except in cases where the Dean has questioned the Selection Committee’s recommendation.  In any case, the Dean shall submit their recommendation within ten (10) days of the receipt of the Selection Committee’s report.  The Dean shall forward copies of all their recommendations and comments regarding the appointment to the Department.

(i)  The Academic Vice-President shall convene a meeting of the Appointments Committee at least every ten (10) working days, unless no files are waiting for consideration.  The Appointments Committee shall render its recommendation within seven (7) working days of the most recent meeting.  Where circumstances warrant, the Academic
Vice-President shall schedule a meeting of the Appointments Committee at the earliest opportunity.

(j)  The Academic Vice-President shall submit the Selection Committee’s recommendation to the President accompanied by the written recommendations in the form of the minutes of the Appointments Committee meeting and the outcome of the vote, whether positive or negative but not the vote count itself.  Should the Academic Vice-President not be in receipt of written recommendations from the Appointments Committee within five (5) working days from the Appointments Committee meeting specified in 10.1.20(h), the Academic Vice-President shall submit their own written recommendation to the President and the reasons why the Appointments Committee failed to provide a recommendation.

(k) The final decision on the appointment shall be made by the President, if practicable, within five (5) working days of receiving a recommendation from the Academic Vice-President.

      The final decision on the appointment shall rest with the President.  In the event the President initially rejects the recommendation of the University Appointments Committee, the President shall communicate their written reasons to the Department and the Dean and shall meet jointly with the Department and the Dean to discuss these reasons within ten (10) working days of receiving a recommendation from the Chair of the University Appointments Committee.  Following this meeting, the Department and Dean may, within five (5) days of this meeting, submit to the President separate written responses and the reasons for it.  Within five (5) working days of receiving such responses, the President shall communicate their final decision, and the reasons on which that decision is based, to the Committee, the Department and the Dean.

(l)  Members of the Department holding appointments other than under 10.1.10(a), 10.1.10(b), 10.1.10(c)ii) and 10.1.10(g) shall not participate in any procedures for appointment outlined in Article 10.1.20 except for 10.1.20(c) and 10.1.20(f).

(m)      Preliminary negotiations of the terms of the appointment shall be the responsibility of the Dean and may be delegated to the Department Chair.  Such negotiations are done in consultation with the Selection Committee.

(n) No candidate shall be appointed without adherence to the above procedures.

(o) The University Appointments Committee and the Department shall be informed of all acceptances and rejections of candidates.

10.1.21      Part-Time Appointments

(a)  Part-time appointments shall be made with the approval of the relevant Department/Program.  In recommending a candidate for a part-time faculty position the Department/Program shall specify the area(s) of specialization and the course level the individual is qualified to teach.  A copy of this recommendation will be sent to the candidate.

(b) The qualifications of part-time faculty being recommended by a Department/Program for employment in any of the degree programs of the university shall be reviewed by the Dean of the appropriate Faculty.  The Dean shall advise the Department/Program within ten (10) days of receipt of the Department/Program’s recommendation of their decision on the appointment.  If the Department/Program and Dean agree on the appointment of an individual, their decision is final.  If the Dean does not agree with the Department/Program’s recommendation on the appointment then the matter shall be referred to the Appointments Committee.

(c)  Qualifications, including area(s) of specialization and the course level a part-time faculty member is qualified to teach, shall be reviewed, after initial appointment, in accordance with the relevant collective agreement (CUPE 3912).

(d) Notwithstanding 10.1.21(b) and 10.1.21(c), faculty who hold probationary or tenured appointments at Canadian Universities that are members of Universities Canada shall be deemed to be qualified to hold a part-time appointment at Saint Mary’s upon presentation of evidence of their probationary or tenured status at their home university and upon approval of the relevant Department/Program as specified in 10.1.21(a).  The University reserves the right to verify the candidate’s credentials.

10.1.22      New Programmes

For the purpose of establishing new programmes on an experimental basis, the President may authorize allotments lasting for a period of three (3) years.  Should the new programmes prove viable by the 31st of October of the third year of their existence, such allotments shall be made permanent.  Should the programme not be viable, such allotments shall be abolished as of the 31st of October of the third year of their existence.  Such new programmes shall be deemed to be established at the beginning of the academic year in which they are staffed.  However, if the President concludes that two (2) years was insufficient to determine the viability of a new programme, such allotments may be continued to a maximum period of five (5) years from their initial authorization.  At the end of four (4) years such allotments shall either be made permanent or shall be abolished.  If these allotments are abolished no such new programmes may be initiated for a period of five (5) years.  The Union shall be informed of all decisions relating to the duration of such allotments.

10.1.23      Enrolment Increases

The President may authorize allotments lasting for a period of up to three (3) years to accommodate anticipated increases in enrolment or to respond to what are perceived to be purely temporary increases.  Should such increases in enrolment be judged to be continuing by the 31st of October of the third year of their existence, such allotments shall be made permanent.  If an allotment is not made permanent it shall be abolished as of the 31st of October of the third year of its existence.  Should the President conclude that two (2) years was insufficient to establish whether the increased enrolments were purely of temporary phenomenon, allotments established under this clause may be continued to a maximum duration of five (5) years.  At the end of the fourth year of their existence such allotment shall either be made permanent or abolished.  If such an allotment is abolished, no similar allotment shall be made for a period of three (3) years.  The Union shall be informed of all decisions relating to the duration of such allotments.

10.1.24      Cross-Appointments

(a)  Where sound academic reasons exist for so doing, an Employee may receive an initial or subsequent appointment in two or more academic units within the University.  The Employee shall be based in a home or primary unit and may have duties or responsibilities in a secondary unit. An Employee shall receive a Cross-Appointment only with their written consent and upon the recommendation of the relevant primary and secondary academic units.

(b) Before an Employee agrees to a Cross-Appointment, they shall meet with the relevant Department Chairs and/or Program Directors and Deans to arrive at an agreement on how the Employee's work, if any, is to be shared between the academic units concerned. The agreement shall also stipulate which academic unit is to have primary responsibility for the Employee in administrative and academic matters. The Employee shall retain residual rights in the primary academic unit to which the Employee shall return on a full-time basis should academic needs change.

(c)  The primary academic unit shall be responsible for all administrative and academic matters related to the Employee, including but not limited to appointment, renewal, promotion and tenure.  In the case of renewal, promotion, and tenure the secondary academic unit(s) shall be invited to provide the primary unit with an evaluation of the Employee according to the procedures specified in this Collective Agreement for such evaluations.  The Chair or Coordinator, or designate, of the secondary unit shall be entitled to participate in the primary unit’s discussion of the faculty member’s application for renewal, promotion and tenure.  The primary academic unit shall consider any evaluations of the employee from secondary unit(s) as part of its own evaluation of the Employee.

(d) In those cases where a cross-appointment is made as part of an Employee’s initial appointment to the University, the secondary academic unit shall be invited to meet with all candidates for the position in question and shall be invited to submit its views on the candidates to the primary academic unit, which shall consider those views in making its recommendation on the appointment in accordance with Article 10.1.20.

(e)  Employees holding a cross-appointment shall have the right to attend Department/Program meetings, to vote, to be elected or appointed to committees, in all academic units to which the cross-appointment applies.

(f)  The terms and conditions of the Cross-Appointment shall be in writing signed by the Employee and the President, who shall have the final authority for making the appointment. Within 5 days of its signing the President shall send a copy of the agreement to the Chairs and/or Directors of the relevant academic units as well as the Union. In the case of new employees, the terms of the cross-appointment shall be specified in the Employee’s letter of appointment (Article 10.1.40).

10.1.25      Interdisciplinary Programs

(a)  Senate has established the following interdisciplinary programs:  Asian Studies, Applied Science, Atlantic Canada Studies, Environmental Studies, Forensic Science, International Development Studies, Irish Studies, Latin American Studies, Linguistics, and Women and Gender Studies.  Any future interdisciplinary programs approved by Senate shall be included in the above list.

(b) A Faculty member may be cross-appointed to an interdisciplinary program under the provisions of Article 10.1.24.  When the cross-appointment involves an initial appointment to the University, the prospective Faculty Member shall also be appointed to an academic department.

(c)  At the time an initial cross-appointment is authorized, the Employer shall specify whether the interdisciplinary program or the department is to be the primary unit of the new Faculty Member.  Unless specified otherwise, the cross-appointment shall be counted as part of the primary unit’s allotment (Article 10.1.20(a)).  Under no circumstance shall the cross-appointed position be part of the secondary unit’s allotment other than what may have been mutually agreed upon by the primary and secondary units at the time the cross-appointed position was established.

(d)

            In cases where the Interdisciplinary Program is the primary unit, Faculty Members holding appointments or cross-appointments in the Interdisciplinary Programme shall be considered to be the “Department” in regard to Procedures for Appointment (Article10.1.20).  If the department to which the Faculty Member may be cross-appointed is uncertain, the Selection Committee (Article 10.1.20(d)) shall be expanded to include one representative from each of the possible departments to which the prospective Faculty Member might be appointed.  After the short list has been developed by the Selection Committee and approved by the relevant Dean(s), the Chairs of the Candidates’ secondary departments shall be notified of the likelihood of a cross-appointment to their units.  Candidates shall be invited to meet with the Interdisciplinary Program members and the department to which they are likely to be appointed according to the relevant provisions of Article 10.1.20.  A candidate must receive a positive recommendation from the department to be cross-appointed to the department.

(e)  All Faculty Members who currently hold an existing appointment in an interdisciplinary program shall be cross-appointed to an academic department through the provisions of Article 10.1.24.  The Interdisciplinary Program shall remain the primary unit of the Faculty member and the department shall be the secondary unit.  In no case shall the cross-appointment of a Faculty Member to a department be counted as part of the department’s allotment (Article 10.1.20(a)).  For greater clarity, this means that any vacancies in the department shall not be considered to be filled by the cross-appointment.

10.1.26      Lecturer Stream (LS)

1.         Faculty who hold appointments in the Lecturer Stream have the primary responsibilities of teaching and service as specified in Articles 8.4.10 and 8.4.12.  It is not expected that faculty in the Lecturer Stream engage in research; however, they are expected to engage in scholarship (Article 8.4.11) to the extent that it enhances their teaching or service activities.

2.         Appointments to the Lecturer Stream shall not exceed 5% of the number of Faculty holding appointments as Assistant, Associate or Full Professors.

3.         No more than two Lecturer Stream positions may be allocated to any one Department or comparable academic unit. Such allocations shall only be made upon the request of the academic unit in which the position will be housed.

4.         Lecturer Stream positions shall be in addition to the academic unit’s tenure stream allotment specified in Article 10.1.20(a) and shall have no effect on that allotment.  It shall not be used to fill vacancies in an academic unit’s tenure stream allotment.  In the event that an academic unit’s tenure stream allotment is reduced, a Lecturer Stream position cannot be created within two years of that academic unit’s reduction in tenure stream allotment.  Neither shall Lecturer Stream positions be used to fill vacancies created under the operation of Article 4.8.

5.         Faculty holding Lecturer Stream appointments are subject to all terms and conditions specified in this Collective Agreement with respect to Faculty Members except as may be modified by Article 10.1.26.

           

6.         The appointment procedures specified in Article 10.1.20 shall apply to the appointments made to the Lecturer Stream except that Lecturer Stream positions need not necessarily be advertized in the national media.

7.         Evaluation of candidates shall be based solely on the requirements of the prospective position.  The candidate who is clearly the best qualified shall be recommended, but when candidates are judged to be equally qualified, the best qualified candidate holding a part-time faculty appointment (Article 10.1.21) shall be recommended for the Lecturer Stream appointment.

8.         An initial probationary appointment to the Lecturer Stream is at the rank of Lecturer (LS). An initial appointment shall be for a period of three years and may be renewed for an additional two years.  In the last year of the second contract, that is during the fifth year of employment in the rank of a Lecturer (LS) at Saint Mary’s University, the Lecturer (LS) shall be evaluated for promotion to the rank of Senior Lecturer (LS).

9.         (a) Evaluation of candidates for promotion to the rank of Senior Lecturer (LS) shall be carried out according to the procedure specified for promotion in Article 10.1.26 – 9 and Article 11.0 except that the candidates shall only be evaluated in terms of their scholarship to the extent that it demonstrates currency in their field (Article 8.4.10).  Further, there is no requirement to obtain external letters of assessment regarding the candidates.  All other procedures remain unaltered.

(b) For greater clarity: Candidates for promotion to Senior Lecturer  (LS) shall inform their Department Chair by April 15 of their intention to apply for promotion and shall submit copies of their application to the Dean and the Department Chair by June 15. The Department shall complete its review and communicate its recommendation no later than February 15 of the Academic Year preceding the possible date of promotion. The Employer’s decision on promotion shall be made no later than May 1 of the Academic Year preceding the possible date of promotion.

10.       Promotion to the rank of Senior Lecturer (LS) carries with it permanence of employment subject to dismissal for cause, lay-off and redundancy as specified in this Collective Agreement.

11.       When considering a candidate for promotion to the rank of Senior Lecturer (LS), the department and the University Review Committee (Article 11.1.40) shall recommend one of the following courses of action:

(a)        The promotion be granted;

(b)       The promotion be deferred for a period of either one or two years, to be followed by a final promotion hearing;

(c)        The promotion be denied. In the case of a denial of promotion, the Lecturer’s (LS) employment shall terminate with the expiration of their contract.

12.       In recognition of the primary duties of teaching and service, Faculty in the Lecturer Stream shall teach 4.5 full credit courses, normally arranged so that up to a maximum 4.0 full credit courses are taught during the Academic Year and up to a maximum 1.0 full credit course outside the Academic Year.  In arranging this teaching assignment the provisions of 15.1.10(a) shall not apply.  Notwithstanding Article 15.1.11(a), Faculty Members in the Lecturer Stream may be required to teach a maximum of 0.5 FCE per semester in courses which are scheduled to start later than 4:30 p.m. during the Academic Year.  In exceptional circumstances, teaching of one or more courses may be replaced with other duties that may be specified by the Chair of the Lecturer (LS)’s Academic Unit and with the approval of the Dean of the Faculty in which the Academic Unit resides. In scheduling teaching assignments, Department Chairpersons shall be cognizant of Article 13.1.11 (p).  Faculty who hold appointments in the Lecturer Stream are not eligible to teach overload course assignments.

13.       The service duties of Faculty Members in the Lecturer Stream shall be carried out principally in the form of student advising, high school and community outreach, mentoring/coaching of students primarily at the introductory levels, and program development.

14.       Faculty Members in the Lecturer Stream may apply for a Professional Development Leave in accordance with the conditions and procedures in Article 19.3 except for the following modifications:

(a)        The purpose of the leave is for the Faculty Member to engage in professional development activities and/or scholarship of teaching (Article 1.1(n)(iv)) for the enhancement of his/her teaching and/or service activities.

(b)       The Professional Development Leave shall be for one-half year from either July 1 to December 31 or from January 1 to June 30.

(c)        Faculty Members in the Lecturer Stream become eligible for an initial Professional Development Leave on completion of six (6) years of full time service in the rank of Lecturer (LS) or above.  Eligibility for subsequent Professional Development Leave shall follow six (6) years of full time service.

(d)       A Faculty Member in the Lecturer Stream granted Professional Development Leave shall receive eighty-five percent (85%) of their regular salary during the leave period.

15.       Lecturer Stream faculty shall receive the annual salary applicable to their place on the Salary Scales attached and forming part of this Agreement as Schedule “A3”.

10.1.30      University Appointments Committee

(a)  There shall be a University Appointments Committee composed of the Academic Vice-President or their designate, who shall be Chairperson and have a vote; one Dean to be appointed by the Employer; and three (3) tenured Faculty Members, one from each of the faculties of Arts, Science, and Commerce.  Faculty Members will be elected under the auspices of Senate each year in April as needed to maintain a pool of 6 members (2 from each faculty), each to serve a three year term.  The University Appointments Committee shall include at least one member of each gender.  In no case shall the Dean be of the Faculty of the case in question, nor shall faculty members be from the Department.  A quorum at any meeting will consist of a simple majority including at least two faculty members from different faculties.  The Appointments Committee shall confirm that the procedures specified in Article 10.0 have been followed and that recommended candidates meet the qualifications for appointment to Academic Ranks as set out in Article 12.0.

(b) The responsibilities of the University Appointments Committee shall be to:

i)          Review the dossiers and all recommendations concerning Candidates for academic appointment put forward by the Department and by the Dean;

ii)         Ensure that the procedures specified in 10.1.20 above were followed including the fact that the recommendation is based solely upon academic merit and teaching capability;

iii)        Consult with the appropriate Dean and/or Chairperson in cases where its recommendations may differ from that of the Dean or Chairperson.

iv)        Report to the President, through the Chairperson, its views and recommendations, including those on rank, year in rank, salary, length of limited term where appropriate and any special condition(s) of employment, taking into account prior relevant equivalent service and/or professional experience.  All such views and recommendations are to be consistent with the criteria for such matters as specified in appropriate provisions of this agreement;

1)         Each year of employment in an academic position in a University or equivalent institution either prior to or following the awarding of a doctoral degree shall be deemed equivalent to one year of service when it is directly related to a doctoral degree held by the candidate provided that the candidate had primary, independent responsibility for teaching and research.

2)         Each year of employment in a relevant professional position when it is directly related to a doctoral degree held by the candidate and/or each year of employment as a postdoctoral fellow shall be deemed equivalent to either 0.5 or 1.0 year of service.  The value shall be based on the relevance of the work performed in the former position(s) to that in the position for which the candidate is being considered for appointment.

3)         Fractions of a year shall in all cases be rounded up or down to the nearest whole.

v)         Report to the Employer its views and recommendations in accordance with 21.1 (e) hereof on the academic rank and/or tenure of Academic Administrators.

(c)  Appropriate credit for relevant equivalent service in equal ranks at other recognized universities (provided that the qualifications of the individual are at least equal to the minimum requirements for the equivalent rank at Saint Mary's University) and relevant equivalent professional experience shall be recommended by the University Appointments Committee and determined when the President makes the appointment.  It is agreed that the placement on the salary scale agreed to by the parties as recorded August 22, 1978 of Faculty Members who held full‑time appointments in the 1978‑79 salary year and the year in rank of new full‑time Faculty Members, as determined on their appointment for the 1979‑80 salary year and for the 1980‑81 salary year shall be final and conclusive recognition and determination of prior service credit for such Faculty Members and that such placement and year in rank shall be the service entitlement for such Faculty Members for the purposes of Article 11.1.21 and determining possible early consideration for tenure pursuant to Article 11.1.22(a).

(d) No special condition of employment shall be made part of an appointment without the approval of the Committee.

(e)  Except for their decision on salary, the President shall advise, with reasons, the University Appointments Committee of any terms or conditions of an appointment which differ from the recommendations of the Committee made pursuant to Article 10.1.30(b)iv).  Following this communication, the Committee shall make a final recommendation.  The President's decision following this final recommendation shall be final.

(f)  Where a Candidate for appointment appears not to be well qualified, the Committee shall determine through the Dean and Department Chairperson whether there are applicants of greater merit.  This procedure is mandatory where the Candidate falls below the standard required for appointment to the rank of Assistant Professor.

(g)  The Union shall have the right to appoint a member of the bargaining unit to be present as an observer at all meetings of the University Appointments Committee.  The Observer may not participate in any manner in the deliberations of the Committee but shall have the right to communicate their observations to the Chairperson between meetings, or, if deemed necessary, to request a recess in the proceedings of a given meeting for the purpose of communicating with the Chairperson of the Committee.

10.1.40      Mode of Appointment

The President shall provide to each new employee a letter of appointment which shall include the following:

(a)  The effective date of the appointment, for appointments under 10.1.10(b) or 10.1.10(g) will normally be July 1.  The effective dates for all other appointments shall be September 1. Salary step increments for initial appointment at July 1 will be effective fourteen months from date of appointment.  Salary step increments for initial appointments under 10.1.10(b) or 10.1.10(g) with an effective date of January 1 shall be effective the following September.  Subsequent salary step increments for all appointees will be effective September 1 of each year in accordance with Article 16.1.10.

(b) The terminating date of the appointment.

(c)  The class of the appointment, specifying the sub-clause of Article 10.1.10 under which the appointment is made.

(d) The rank, year in rank, and salary of the Faculty Member as of the effective date of the appointment as determined by placement on the effective salary scale plus an upward adjustment if any to that scale under Article 4.1(a) and/or through the application of market supplements (Article 16.8).

(e)  The Department or Division to which the Faculty Member will be attached.

(f)  Any special conditions (see 10.1.30(d) above).

(g)  The number of years of credit for prior service, as reflected in the appointee’s year in rank (see 10.1.40(d) above), that will count toward eligibility for promotion to the next higher rank (See 11.1.21).

10.1.41

(a)  The credit given prior service in determining years in rank on appointment pursuant to Article 10.1.30(c) shall count as service or years in rank at the University for the purposes of Article 11.1.21 and shall be considered a factor in determining possible early consideration for tenure pursuant to the provisions of Article 11.1.22(a) but, unless otherwise specifically expressed, such credit shall not apply to any other matter for which by this Agreement service is a requirement or benefit.

(b) The terms of appointment on rank and year in rank shall be reflected by placement on the salary scale (see Article 16.1) at a level no lower than that corresponding with such rank and year in rank (e.g. the placement on the salary scale of a Faculty Member who on appointment at the Assistant Professor rank received credit for two years of prior relevant equivalent service and/or equivalent professional experience shall in the first year of their appointment be at the Assistant Professor ‑ Level 3 point on the salary scale).

10.1.42

(a)  One copy of the letter of appointment shall be kept by the Employer, a second by the Faculty Member, a third by the Union and a fourth by the Department Chairperson, it being understood and agreed that the letter and the information provided therein will be held in confidence by the Department Chairperson and the Union.

(b) Each letter of appointment shall be accompanied by a copy of the Agreement and shall contain a statement that the appointment is subject to the terms and conditions of the Agreement.

10.1.43

(a)  Each full-time appointee shall be entitled to reimbursement of travel costs for themself and dependants from the Appointee's place of residence to Halifax, Nova Scotia, for actual costs up to the amount of economy airfare; and upon production of receipts, they shall be entitled to receive up to eight thousand dollars ($8,000) for moving expenses.  This limit may be increased only if approved in writing and in advance by the President.

(b) Employees appointed on a contract of twelve (12) months or less shall not be eligible to claim moving expenses under 10.1.43 (a) but may be provided with moving expenses only if approved in writing and in advance by the President.

(c)  If the Appointee is on an initial three-year probationary appointment and does not complete their probationary appointment, they shall pay back two-thirds (2/3) of the moving expenses if they leave the University's employ after one year's service, and one-third (1/3) if they leave after two year's service.

(d) Article 10.1.43 shall apply only to appointments made after the date of the signing of this Agreement.

10.1.44      Termination of Appointment

(a)  If an Employee wishes to terminate their employment, they shall give notice to the President, in writing, no later than January 1st, if practicable, of the year during which the termination is to become effective.  Notice of termination by the Employer shall be in writing and be signed by the President.

(b) Employment may be terminated by mutual agreement in writing at any time.

(c)  A Faculty Member in receipt of an offer of renewal of appointment from the University (see Articles 10.1.12 and 11.1.20(a)) must communicate their acceptance or rejection of this offer in writing to the President no later than March 1st, if practicable, of the calendar year in which the renewed appointment would become effective.  If the Faculty Member fails to so communicate their acceptance or rejection they shall be deemed to have rejected the offer and their appointment shall terminate at the end of their current probationary term.

10.2       Appointment – Professional Librarians

10.2.10

Whenever a vacancy occurs among Professional Librarians or whenever a new professional position is created, the University Librarian, in consultation with the Library Council, shall advertise the position within thirty (30) days.

10.2.20

Applications for appointment will be directed to the University Librarian who shall establish a list of all applicants.

10.2.30

The Professional Librarians shall form a Selection Committee of members who hold either a probationary or confirmed appointment.  The Selection Committee shall elect one of its members as Chair of the Committee.  The selection committee shall examine all dossiers, including proof of qualifications, treating them as confidential documents.

10.2.31

The selection committee and the University Librarian shall meet and develop a short-list of up to five (5) applicants.

10.2.32

The University Librarian shall arrange for interviews of the short-listed candidates.  Notice of such interviews shall be circulated to all members of the selection committee at least one (1) week prior to their occurrence.

10.2.33

The University Librarian shall interview all candidates; the selection committee shall interview all candidates. The University Librarian shall have the option of attending candidate interviews with the selection committee, in a non-voting capacity.

10.2.40

The selection committee shall recommend a specific candidate or candidates with a rationale for their suitability for the appointment.  If more than one candidate is recommended, they must be presented in priority order.  The committee in making its recommendation may suggest rank, salary and any special conditions for appointment.

10.2.41

The chairperson of the selection committee shall forward the recommendation in writing, together with the recommended candidate's dossier, to the University Librarian.  Should the University Librarian question the selection committee's recommendation, the University Librarian shall meet with the committee to discuss any reservations.  Following this meeting, the University Librarian may make a separate assessment of the candidate and forward it, along with the selection committee's recommendation and the candidate's file, to the Academic Vice President.  The University Librarian may also forward to the Academic Vice President, a recommendation of a different candidate who has applied and been interviewed in accordance with Article 10.2.33.

10.2.42

If the recommendation of the selection committee and the University Librarian differ, the Academic Vice President shall meet with each party before rendering a decision.  The decision of the Academic Vice President shall be final.

10.2.50

The University Librarian shall, in consultation with the Academic Vice President, negotiate the terms of the appointment with the successful candidate.

10.2.51

Each new Professional Librarian and the President of the Union shall receive from the Employer a letter of appointment which shall include the following:

(a)  The effective date of the appointment;

(b) The terminating date of the appointment in the case of an appointment for a limited term;

(c)  The rank and salary of the Professional Librarian as of the effective date of the appointment.

10.2.52

Each letter of appointment shall be accompanied by a copy of this agreement.

10.2.60

New Professional Librarians, other than those appointed for a limited term, will be considered as probationary employees until they have been employed for a period of eighteen (18) months.  During the probationary period, progress appraisals will be performed at three (3) month intervals, the results of which will be communicated to the Professional Librarian in writing and placed in their personnel file.  Consecutive with the fifth performance appraisal, the opinion of the Professional Librarians will be sought on the appropriateness of the candidate for confirmation.  A Professional Librarian may be confirmed at any time during the probationary period.

10.2.70

If a Professional Librarian, other than a probationary librarian as defined in Article 10.2.60 hereof, wishes to terminate their employment, they shall give at least one (1) month's notice in writing to the University Librarian.  However, employment may be terminated by mutual agreement in writing at any time.

10.2.80

Each full-time Professional Librarian shall be entitled to receive reimbursement of travel costs for themself and dependents from the Appointee’s place of residence to Halifax, Nova Scotia, for actual costs up to the amount of economy airfare; and upon production of receipts, they shall be entitled to receive up to eight thousand dollars ($8,000) for moving expenses.

10.3       Appointment – University Librarian