Common use of EXISTING PRACTICES Clause in Contracts

EXISTING PRACTICES. 9.01 With respect to matters not covered by this Agreement, the Employer shall not diminish or impair, during the term of this Agreement, any benefit or privilege respecting terms or conditions of employment provided by official University bodies' by-laws or policies as of the effective date of this Agreement. 9.02 Subject to conditions hereinafter set forth, the Employer agrees that, during the term of this Agreement, it shall not establish new by-laws or policies which effect a general change in terms and conditions of employment, without the agreement of the Association. 9.02.1 Notwithstanding the foregoing, where the Employer proposes to establish a new by-law or policy or change an existing by-law or policy to comply with the law, which does not effect a general change in terms and conditions of Members’ employment, but which has disciplinary consequences for Members or which affects the rights, duties and responsibilities of Members as set forth in this Agreement, the Employer shall consult the Association. 9.02.2 The consultation referred to in section 9.02.1 requires the Employer to notify the Association within a reasonable period of time if it plans to establish or change a policy or by-law. The Employer shall forward to the Association a draft of the proposed by-law or policy and give the Association one (1) month or twenty (20) Working Days, whichever is longer, from the date of its receipt of the proposal to provide the Employer with the Association's comments in writing. The time period may be extended with the mutual agreement of the Employer and the Association. The Parties shall meet at their mutual convenience to discuss the draft and the Association’s comments before finalizing the policy or by-law. 9.03 Where a Member seeks to rely on any general existing practice or policy pursuant to Clause 9.01 as a term or condition of employment, the onus shall be on that Member to establish the existence of such practice or policy as being reasonable, certain and known. 9.04 The Employer acknowledges the importance of maintaining a climate in which the academic functions of Members can be effectively carried out, and will provide an appropriate level of facilities and services. The Employer agrees that existing services and facilities currently provided to Members will be maintained insofar as is practicable and reasonable within the limits of the University budget and the terms of this Agreement.

EXISTING PRACTICES. 9.01 With respect to matters not covered by this Agreement, the Employer shall not diminish or impair, during the term of this Agreement, any benefit or privilege respecting terms or conditions of employment provided by official University bodies' by-laws or policies as of the effective date of this Agreement. 9.02 Subject to conditions hereinafter set forth, the Employer agrees that, during the term of this Agreement, it shall not establish new by-laws or policies which effect a general change in terms and conditions of employment, without the agreement of the Association. 9.02.1 Notwithstanding the foregoing, where the Employer proposes to establish a new by-law or policy or change an existing by-law or policy to comply with the law, which does not effect a general change in terms and conditions of Members’ employment, but which has disciplinary consequences for Members or which affects the rights, duties and responsibilities of Members as set forth in this Agreement, the Employer shall consult the Association. 9.02.2 The consultation referred to in section 9.02.1 requires the Employer to notify the Association within a reasonable period of time if it plans to establish or change a policy or by-law. The Employer shall forward to the Association a draft of the proposed by-law or policy and give the Association one (1) month or twenty (20) Working Daysworking days, whichever is longer, from the date of its receipt of the proposal to provide the Employer with the Association's comments in writing. The time period may be extended with the mutual agreement of the Employer and the Association. The Parties shall meet at their mutual convenience to discuss the draft and the Association’s comments before finalizing the policy or by-law. 9.03 Where a Member seeks to rely on any general existing practice or policy pursuant to Clause 9.01 as a term or condition of employment, the onus shall be on that Member to establish the existence of such practice or policy as being reasonable, certain and known. 9.04 The Employer acknowledges the importance of maintaining a climate in which the academic functions of Members can be effectively carried out, and will provide an appropriate level of facilities and services. The Employer agrees that existing services and facilities currently provided to Members will be maintained insofar as is practicable and reasonable within the limits of the University budget and the terms of this Agreement.