Common use of EMPLOYMENT OF NON-MEMBERS Clause in Contracts

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. 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-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 on the LibraryUniversity careers website. 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. 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. 13.01 Nothing herein shall prevent a member of the Board, President, Vice-President, Xxxx, University Chief 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 Sessional Lecturers. 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. Official personnel files maintained by Board about members of the bargaining unit are records of the employment history of the member in the University. Subject to the provisions of this Agreement, the contents and use of the official personnel file are for decisions respecting terms and conditions of the employment of a member. The purpose of this Article is to ensure that the tiles fairly represent the member’s employment history. There shall be one official personnel file maintained in the of the President or in such other location designated by the President for each member which shall include some or all of the following items: materials including correspondence associated with the application, curriculum vitae, transcripts, and letters of reference; copies of letters relating to Board actions respecting the member, including initial appointment, annual renewal of appointment, granting of a continuing appointment, approved leaves of absence, administrative appointments, etc.; correspondence related to the member’s employment between the member, the President, the Xxxx/Chief Librarian; materials relating to recommendations on salary, tenure, continuing appointment, and promotion; materials respecting professional development and achievement; copies of the member’s annual reports; and copies of the librarian member’s performance reviews. The Xxxx and the Chair/Director and the Chief Librarian may keep a file on a member, but such files shall not constitute the member’s official personnel file. These tiles may contain copies of some or all of the material kept in the official personnel file. The official personnel and any other files kept pursuant to shall be clearly marked as confidential. All the restrictions specified in this Article which apply to the official personnel file apply equally to files referred to in this Article An sheet shall be included in each personnel file. No anonymous material shall be kept in a member’s official personnel file. Any anonymous material in a member’s official personnel file when this Agreement comes into effect shall be removed and destroyed. Confidential material kept in a member’s official personnel file shall be subject to the following rules of storage: material is limited to signed letters of reference solicited with the knowledge of the member, and any other letter or document transmitted in confidence which the member, his/her Chair/Director, the Chief Librarian, the Xxxx, the President, the Director of Human Resources, or a Committee solicit pursuant to this Agreement; and, a member shall receive an inventory of the confidential materials in his/her official personnel file on request to the President, such an inventory to include the date and general subject matter of the confidential material. The official personnel file shall be the only source of personal employment information used in any official University proceeding. The official documents constituting the file shall be the paper originals or, in the event the original document is received in facsimile or electronic form, an accurate paper copy. Such material may be used as follows: renewal of a probationary appointment, pursuant to Article tenure, pursuant to Article promotion, pursuant to Article grievance and arbitration, pursuant to Article and, and in addition, the official personnel file for librarians may be used appointment, pursuant to Article performance reviews, pursuant to Article Upon written request to the President, a member and/or an agent in writing by the member shall have the to examine the contents of his/her official personnel file in the President’s office, except for confidential material described in Such examination shall be in the presence of a person designated by the President, The member shall not be allowed to remove the official personnel or any part thereof from the President’s office. Upon written request the member shall obtain at his/her expense copies of the documents to which he/she has the right of examination. A member shall have the right to include in his/her official personnel file written comments on the accuracy or meaning of any of the contents of the file, and to add to the file any documents that deems relevant. No information contained in the official personnel tile of a member, in a member’s file kept in the Xxxx’x office, or Chief Librarian’s or in University payroll records, shall be made available to any other person or institution, except as by this Agreement, by law, by the member in writing, or by the President for internal University administrative purposes. Access required by law shall be granted only to an individual holding a subpoena or a search warrant, and shall be granted only by the Vice-President or someone designated by him/her in writing. The President shall notify the member concerned immediately, stating the person or persons granted access and the legal reasons for granting this access unless such notification is prohibited by legal statute.