EMPLOYMENT OF NON-MEMBERS. 13.01 Nothing herein shall prevent a member of the Board, President, Vice-President, Xxxx, University Librarian, or any other person excluded from the bargaining unit by the decision of the Ontario Labour Relations Board, dated September 27, 1979, as amended from time to time, from performing activities for which they are qualified including: instructional work, research and scholarly activities, and professional librarian functions and activities.
13.02 Nothing herein shall prevent the performance of instructional work by persons registered at Lakehead University at Thunder Bay as graduate or undergraduate students and who are regularly employed on a part-time basis in teaching, demonstrating, tutoring or marking.
13.03 Nothing herein shall prevent the performance of instructional work by Contract Lecturer Members.
13.04 Nothing herein shall prevent the performance of professional librarian work by professional librarians employed on a part-time basis. Professional librarians regularly employed on a part-time basis (i.e. for more than three consecutive months) for more than twenty-one hours per week shall be members of the bargaining unit, but for such members the following articles of this Agreement shall not apply: 16 (Rights and Responsibilities - Librarian Members), 20 (Appointments), 21 (Performance Reviews), 24 (Promotions), 32 (Lay-off (Librarians)), 34 (Retirement, Resignation, and Clearance Upon Termination), 36 (Employment Benefits), and 37 (Leaves of Absence). Professional librarians employed on a part-time basis either for periods of less than three consecutive months, or for twenty-one or less hours per week, shall be excluded from the bargaining unit.
13.05 Openings for professional librarians to be employed on a part-time basis of twenty-one or less hours per week and for less than three consecutive months shall be posted in the Library. Members of the bargaining unit with full-time appointments may apply for such openings, but such work shall not be treated as overtime work and the regular salary rate for the position shall apply.
13.06 Except as provided for in this Article, no instructional or professional Library work shall be performed by persons who are not members of the bargaining unit.
EMPLOYMENT OF NON-MEMBERS. 53.1 In addition to, and without limiting any other provision in this Agreement, OC will not contract out:
a) any work presently performed by employees covered by this Agreement which would result in the layoff of such employees, including a reduction in assigned workload, or
b) the instructional activities that are contained in the programs listed and/or funded in the approved annual institutional program profile and that are currently performed by bargaining unit employees.
53.2 Employees seconded to administrative positions may teach in accordance with section 17.2.6. A senior educational administrator with an attached position may teach in accordance with section 17.3.3.
EMPLOYMENT OF NON-MEMBERS. 29.1 The University agrees not to employ persons who are not members of the Bargaining Unit to perform the duties set out in 16.1 and 17.1, with the exception of those persons who are qualified to perform these duties and are excluded from the Bargaining Unit under 3.1.2 (a), (b), and (c).
EMPLOYMENT OF NON-MEMBERS. 16.01 The Employer agrees that non-Members of the bargaining unit, except as specified in the list of exclusions in the Manitoba Labour Board Certificate No. MLB 3634, shall not perform the responsibilities of Members pursuant to Article 8. For the purpose of this Clause the teaching of Auxiliary Session courses shall not be considered as the responsibility of Members unless mutually agreed by the Member and the Xxxx in accordance with Clauses 8.05 and 8.07.
16.02 In the performance of their duties, Members may be assisted by non-Member markers and laboratory demonstrators.
EMPLOYMENT OF NON-MEMBERS. 16.1 The Employer agrees that individuals who are not members of the bargaining unit shall not perform the work of bargaining unit members except with the written agreement of the Parties.
16.2 The Employer agrees that no work or services performed by Employees shall be subcontracted, leased, assigned or conveyed, in whole or in part, to any other person, company or non-Employee except with the written agreement of the Parties.
16.3 Notwithstanding the above articles, the Employer has the right to hire a non-bargaining unit member to provide guidance, advice and assistance in bargaining with the Union.
EMPLOYMENT OF NON-MEMBERS. 1. Nothing herein shall prevent a Xxxx, Division Head, Associate Xxxx, and Director listed as excluded in the OLRB certificate (# 3031-05-R dated January 30, 2006), from performing activities for which they are qualified including: instructional work, research and scholarly activities, Professional Librarian functions, Learner Affairs Officer work or Curriculum Instructional Designer work and activities.
2. No work ordinarily assigned to, or which could be reasonably assigned to, a Member covered by this Agreement shall be performed by an employee of NOSM not covered by this Agreement or by a person who is not an employee of NOSM, except for work carried out by part-time Faculty (stipendiary or joint appointees), full-time physician Faculty, and a maximum of one (1) secondee, one visiting or exchange professor, and one visiting or exchange librarian, from another institution in any one academic year.
EMPLOYMENT OF NON-MEMBERS. The Employer agrees that non-members of the bargaining unit shall not perform the responsibilities of bargaining unit employees except as specified below:
(a) Nothing herein shall prevent the teaching of courses or the performance of librarian responsibilities or the pursuit of research/scholarly/creative activities by those excluded from the bargaining unit as defined and agreed to by the parties in Appendix A, and who hold faculty or librarian rank, or by such others as may be agreed to by the parties from time to time.
(b) Nothing herein shall prevent the performance of instructional duties by students registered in a programme in the Faculty of Graduate Studies of York University in accordance with the rules and regulations of that Faculty, or by full-time non-faculty employees of the University as part of their full-time duties to a maximum of six (6) such full-time non-faculty employees. A current list of such employees shall be filed with YUFA upon the signing of this Agreement, and the currency of the list maintained.
(c) Subject to any agreements between the parties reached pursuant to clause 18.14 of this Agreement, nothing herein shall prevent the performance of instructional or professional librarian responsibilities by:
(i) part-time employees of the University;
(ii) persons employed full-time by the University, but not members of the bargaining unit, and appointed additionally to part-time instructional duties. The Employer shall maintain on file with the Association a current list of such persons;
(iii) persons employed full-time by the University, but not members of the bargaining unit and not covered by (a), above, appointed to regular instructional duties on an unpaid basis, to a maximum of three (3) persons. The Employer shall maintain on file with the Association a current list of such persons.
EMPLOYMENT OF NON-MEMBERS. 10.8.1 The provisions of this Article do not apply to instruction during T3 (see Article 11.2).
10.8.2 The Employer shall not allow more than 30% of all credit units taught on campus during T1 and T2 to be taught by non-members of the Association.
10.8.3 The Employer shall provide the Association by November 15 of each year, a report, excluding courses identified as St. Xxxxxx Xxxx Courses, off campus courses and courses for which there are no academic credit or grade assigned, for the preceding three years showing:
(i) The proportion of courses and credit units taught in T1 and T2 by members and non-members of the Association including distribution by employment status of the instructor;
(ii) The distribution by type of instruction for members of the Association in T1 and T2;
(iii) The distribution by type of instruction for all instruction in T1 and T2.
10.8.4 In the event that the proportion of courses taught by non-members of the Association exceeds the proportion set out in Article 10.8.2, the Employer shall take steps to reduce the proportion of courses taught by non-members. Should the proportion be exceeded for two consecutive years, the mater shall be referred to the Joint Committee for the Management of the Agreement for resolution. In the absence of resolution at Joint Committee for the Management of the Agreement the matter shall be referred to an agreed upon arbitrator for the determination of damages, if any, to be awarded to the Association.
EMPLOYMENT OF NON-MEMBERS. 10.8.1 The provisions of this Article do not apply to instruction in the Spring and Summer Session programs (see Article 11.2.2(a)(b)). Neither do its provisions apply to teaching performed by graduate students, post-doctoral fellows, professional research associates, laboratory demonstrators, professorial appointees designated without term or adjunct, and other non-members holding a probationary or tenured appointment, provided that such teaching is of a reasonable amount and is not prejudicial to the interest of an employee. All such instruction shall not count as "courses taught by Sessional Lecturers and other non-members" in computing the proportion referred to in Article 10.8.2.
10.8.2 The Employer agrees not to increase the proportion of courses taught by Sessional Lecturers and other non-members not excluded by Article 10.8.1 beyond the proportion taught in the 1977-78 academic year. The Association acknowledges the difficulty of precisely controlling this requirement in advance. In the event that the November 15 report described in Article 10.8.3 indicates that the intent of this Article, 10.8.2, has not been met, the Joint Committee for the Management of the Agreement will consider the matter at the next regular meeting to determine a mutually satisfactory resolution of the situation.
10.8.3 The Employer agrees to provide the Association by November 15 of each year, a list of all courses taught by non-members of the Association during the year including Fall Term and Winter Term, Spring and Summer Session, whether on-campus or off-campus, for the preceding academic year. The list shall specify the course number, the term of the class, the name of the instructor and the employment status of the instructor.
10.8.4 The Employer agrees to provide the Association annually with a list of all part-time librarians employed in that year. The list will provide the name, type of appointment and salary.
EMPLOYMENT OF NON-MEMBERS. 15.1 The Corporation agrees not to employ non-Members of the bargaining unit to perform teaching duties except as specified below:
a) Nothing herein shall prevent the teaching of courses by the Principal, the Vice- Principal Academic, the Deans, or the Chief Librarian.
b) Nothing herein shall prevent the employment of students or others as markers or demonstrators.
c) Nothing herein shall prevent the teaching of courses by individuals who are on an approved exchange between the University and another university.
