Financial Exigency. 14.01 The termination of the employment of any Employee because of financial exigency shall only occur after a declaration of financial exigency by the Board of Governors. 14.02 The Board of Governors shall not declare a state of financial exigency except on bona fide financial grounds. 14.03 If the Board of Governors believes a financial exigency exists it shall give notice to the Union of that belief together with a statement of the financial reasons for that belief and shall establish a financial commission of three (3) persons. The Board of Governors shall consult the Union to establish an agreed list of names from whom these three (3) shall be chosen. The three (3) persons shall be selected by the Board of Governors within thirty (30) days of the decision to establish a financial commission. The terms of reference of the commission shall be: 14.03.1 to assess whether in the light of a full examination of the University's financial situation a bona fide financial exigency exists; 14.03.1.1 the commission shall have access to all that financial information referring to the operations, assets and the ancillary enterprises of the University which is necessary to make a judgment as to whether there is a financial exigency or not; 14.03.1.2 the commission shall invite submissions or written representations from the Union, the faculty and the student representative council; 14.03.1.3 the occurrence of an operating deficit in any given year shall not necessarily constitute a bona fide financial exigency; 14.03.2 to make recommendations, if it sees fit, as to what measures might be taken, whether through reductions of academic staff or other means, to resolve the exigency; 14.03.3 to assess whether a decision to resolve the financial exigency through reductions of academic staff is necessary. 14.04 The report of the commission shall be advisory to the Board of Governors. The report shall be submitted to the Board of Governors within twenty (20) Days of the commission being constituted. After receiving the report the Board shall make a decision as to whether or not a financial exigency exists, and shall promptly communicate this decision to the President, the Senate and the Union. The Board may not unreasonably disagree with the report of the commission. If the Board declares that a state of financial exigency exists it shall make the report of the commission available to the Senate and the Union. 14.05 It is the responsibility of the Senate to recommend the general areas, by discipline, in which reductions are to be made. 14.05.1 Within twenty (20) Days of receiving the commission's report, the Senate shall make its recommendations to the President. If the President does not accept all the recommendations of the Senate he or she shall, within twenty (20) Days of receiving them, convoke a meeting of the Senate to discuss his or her reasons for rejecting or modifying them. Within thirty (30) Days of this meeting the President shall communicate his or her final decisions to the Departments with a statement of all the reasons of which the decisions are based. 14.05.2 The decision of the President shall not be subject to arbitration procedures as set out in Article 15 of this Agreement unless the grievance to be submitted to arbitration is based on an alleged violation of Article 2.04, Article 2.05 or Article
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Financial Exigency. 14.01 22.1 The first duty of the University must be to ensure that its academic priorities remain paramount, particularly in regard to the quality of instruction and research. The Governors, when faced with budgetary restrictions, will ensure the primacy of the University's educational functions by considering cuts in academic programs or resultant cuts of Board appointments only after all practicable cuts have been made in all other budgetary areas of the University.
22.2 A substantial financial deficiency which may result in the necessity of the termination of the employment of any Employee because of academic staff shall be deemed to be financial exigency for the purpose of this Article. However, the termination due to lack of funding of staff members holding contingent appointments shall only occur after a declaration of not constitute financial exigency by the Board of Governorsexigency.
14.02 The Board of Governors shall not declare 22.3 Before declaring a state of financial exigency except on bona fide financial grounds.exigency, the Governors shall consult with the Association and shall supply the Association with all budgetary information used by the Governors in considering the need for such a declaration
14.03 22.4 If the Board Association wishes to offer for the Governors’ consideration, suggestions designed to avoid the termination of Governors believes a financial exigency exists staff, it shall give notice to the Union of that belief together with a statement do so not more than thirty (30) calendar days after being advised of the financial reasons problem. Such suggestions will become the subject of immediate discussion between the Governors and the Association for a period not to exceed thirty (30) calendar days.
22.5 If, following these discussions, the Governors conclude that belief and the financial problem has not been resolved, it shall establish a financial commission appoint an ad hoc committee of three (3) personsmembers of the Governors to identify the nature and scope of the problem. The Board of Governors shall consult also appoint advisors to the Union to establish an agreed list of names committee selected from whom these three (3) shall be chosenthe University community and from the community at large. The three advisors selected from the University community shall include the President of the Faculty Association and two (32) persons shall be selected other members of the Association nominated by the Board of Association. The committee shall report its findings to the Governors within thirty (30) calendar days of the decision to establish a financial commissionits appointment. The terms Governors will then apprise the Minister of reference Advanced Education and Technology of the commission committee's findings.
22.6 If the Governors conclude that the financial problem still has not been resolved, it shall be:
14.03.1 declare a state of financial exigency. The General Faculties Council will be asked to assess whether in review the light of a full examination of the University's financial situation a bona fide financial exigency exists;
14.03.1.1 the commission shall have access to all that financial information referring to the operations, assets and the ancillary enterprises academic priorities of the University which is necessary and to make a judgment determine whether any programs or services are to be terminated. The recommendations of the General Faculties Council (if any) will be transmitted to the Governors for review and approval, as to whether there is a financial exigency or not;appropriate.
14.03.1.2 22.7 After the commission shall invite submissions or written representations Governors have dealt with any recommendations from the UnionGeneral Faculties Council pursuant to Article 22, Clause 22.6, The University Budget Committee shall allocate the faculty and required budget cuts to budget units in accordance with the student representative council;approved academic priorities.
14.03.1.3 22.8 Faculty budget cuts necessitating the occurrence of an operating deficit in any given year shall not necessarily constitute a bona fide financial exigency;
14.03.2 to make recommendations, if it sees fit, as to what measures might be taken, whether through reductions termination of academic staff or will be accomplished by Xxxxx on the advice of Faculty Promotions Committees. The Committees and Xxxxx will be guided in their deliberations by the same criteria of quality as used in promotions. Seniority will be considered, other means, to resolve factors being equal.
22.8.1 If the exigency;
14.03.3 to assess whether a decision to resolve the financial exigency through reductions termination of academic staff due to reasons of financial exigency is necessary, the Association shall be informed of the situation, in writing, by the Xxxx of the Faculty concerned.
14.04 The report of 22.8.2 Deans' recommendations must be submitted to the commission shall be advisory General Promotions Committee for approval before being passed to the President for referral to the Board of Governors. The report shall be submitted to the Board of Governors within twenty (20) Days of the commission being constituted. After receiving the report the Board shall make a decision as to whether or not a financial exigency exists, and shall promptly communicate this decision to the President, the Senate and the Union. The Board may not unreasonably disagree with the report of the commission. If the Board declares that a state of financial exigency exists it shall make the report of the commission available to the Senate and the Union.
14.05 It is the responsibility of the Senate to recommend the general areas, by discipline, in which reductions are to be made.
14.05.1 Within twenty (20) Days of receiving the commission's report, the Senate shall make its recommendations to the President. If the President does not accept all the recommendations of the Senate he or she shall, within twenty (20) Days of receiving them, convoke a meeting of the Senate to discuss his or her reasons for rejecting or modifying them. Within thirty (30) Days of this meeting the President shall communicate his or her final decisions to the Departments with a statement of all the reasons of which the decisions are based.
14.05.2 The decision of the President shall not be subject to arbitration procedures as set out in Article 15 of this Agreement unless the grievance to be submitted to arbitration is based on an alleged violation of Article 2.04, Article 2.05 or Article
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Financial Exigency. 14.01 The termination 24 1 No Member shall be terminated, dismissed or otherwise penalized with respect to terms and conditions of the employment of any Employee because of and/or rights or privileges relating to employment for financial exigency shall only occur after a declaration of financial exigency by the Board of Governors.
14.02 The Board of Governors shall not declare reasons except in accordance with this Article . Members may be laid off in accordance with this Article if a state of financial exigency except on bona fide has been declared by the Board according to the procedures contained in this Article. A state of financial groundsexigency is defined as a situation in which the University faces substantial and potentially chronic financial losses which threaten the continued functioning of the University unless the budgetary allocation for salaries and benefits of Members is reduced.
14.03 If 24 2 In the event that the Board of Governors believes considers that a financial exigency exists within the meaning of 24.1, it shall
24 3 Within 10 days of giving notice that it considers a financial exigency exists, the Board shall give notice forward to the Union Association all financial documentation relevant to the proposed state of financial exigency. The documentation shall be sufficiently detailed that belief together with by usual accounting principles a statement state of financial exigency can be evaluated .
24 4 Within 15 days of the financial reasons for that belief and notice specified in clause 24.2 above, the Board shall establish a Financial Commission which shall review the material on the state of financial commission exigency and either:
(a) verify to the Board that it confirms the existence of three such a financial exigency; or
(3b) persons. report to the Board that such a financial exigency does not exist.
24 5 The Board Financial Commission shall consist of Governors shall consult the Union to establish an agreed list five (5) members, two (2) of names from whom these three (3) shall be chosenappointed by the Board, and two (2) of whom shall be appointed by the Association . The three (3) persons An independent chair shall be selected by the Board of Governors within thirty other four (304) days members of the decision Commission, and in the event the other members of the Commission cannot agree on a chair, the chair shall be named by the Senior Ontario Court (General Division) Judge presiding in Kitchener . No member of the Financial Commission shall be a government official.
24 6 The University shall cooperate with the Financial Commission in its deliberations and shall provide all documentation necessary to establish a financial commission. The terms of reference to the satisfaction of the commission shall be:
14.03.1 to assess Financial Commission whether in the light of a full examination of the University's financial situation a bona fide financial exigency exists;
14.03.1.1 the commission shall have access to all that financial information referring to the operations, assets and the ancillary enterprises of the University which is necessary to make a judgment as to whether there is a financial exigency or not;
14.03.1.2 the commission shall invite submissions or written representations from the Union, the faculty and the student representative council;
14.03.1.3 the occurrence of an operating deficit in any given year shall not necessarily constitute a bona fide financial exigency;
14.03.2 to make recommendations, if it sees fit, as to what measures might be taken, whether through reductions of academic staff or other means, to resolve the exigency;
14.03.3 to assess whether a decision to resolve the financial exigency through reductions of academic staff is necessary.
14.04 The report of the commission shall be advisory to the Board of Governors. The report shall be submitted to the Board of Governors within twenty (20) Days of the commission being constituted. After receiving the report the Board shall make a decision as to whether or not a financial exigency exists, and shall promptly communicate this decision to the President, the Senate and the Union. The Board may not unreasonably disagree with the report of the commission. If the Board declares that a state of financial exigency exists within the meaning of this Article.
24 7 The Financial Commission shall establish its own procedures .
24 8 The Financial Commission shall invite and consider submissions on the University’s financial condition.
(a) whether the University’s financial position constitutes a genuine financial crisis that involves a deficit for at least one financial year which is projected by generally accepted accounting principles to continue, and constitutes a problem sufficiently grave that the University’s continued functioning would be endangered unless the budgetary allocation for salaries and benefits of Members is reduced;
(b) whether the reduction of the number of Members and/or the reduction in the salaries and benefits of Members is a reasonable way to effect a cost saving given the primacy of academic goals within the University;
(c) whether other means of achieving savings have been explored and utilized;
(d) whether every reasonable effort has been made to secure further assistance from the provincial government and to improve the University’s revenue position by any other means including borrowing and the disposal of assets not essential to the functioning of the University;
(e) whether enrolment projections are consistent with the intended reduction in the complement of Members;
(f) whether all other means of reducing the complement of Members including voluntary early retirement, voluntary resignation, voluntary transfer to Reduced Load status, and redeployment have been considered and utilized; and,
(g) any other matters that it considers relevant to the proposed financial exigency. The Financial Commission shall answer each of (a) to (f) above, as well as any other specific questions that arise under (g) .
24 9 The Financial Commission shall make its report to the Board within 3 months of its appointment . If the Financial Commission verifies that there is a state of financial exigency, it shall make recommend the amount of reduction in expenditure that is required . It shall also recommend the proportion of that reduction that will be achieved by laying off Members, or by other means of reduction in expenditures on Members’ salaries and benefits.
24 10 When the report of the commission available Financial Commission verifying that a financial exigency exists is made known to the Senate Association, the Association shall invite Members to recommend proposals for the use of voluntary measures to bring about savings in expenditures for Members’ salaries and the Unionbenefits.
14.05 It is 24 11 If the responsibility of the Senate to recommend the general areasFinancial Commission verifies that a financial exigency exists, by discipline, in which reductions a 30 day period shall elapse before any procedures for lay offs are to be made.
14.05.1 Within twenty (20) Days of receiving the commission's reportinvoked . During that period, the Senate Parties shall make its recommendations to the President. If the President does not accept all meet and consider the recommendations of the Senate he or she shall, within twenty (20) Days of receiving them, convoke a meeting Commission with respect to the implications of the Senate financial exigency.
24 12 If, pursuant to discuss his or her reasons 24.11, the Parties fail to reach agreement on measures to reduce salaries and benefits within 30 days of the report of the Financial Commission, the University may reduce the budgetary allocation for rejecting or modifying them. Within thirty (30) Days salaries and benefits of Members in accordance with the procedures set out below.
24 13 In the event that the Financial Commission has found that no financial exigency exists in the sense of 24 .8, the Board shall be precluded from invoking the provisions of this meeting Article for the President shall communicate his lay off or her final decisions to reduction in the Departments with a statement salaries and benefits of all Members for 12 months from the reasons date of which the decisions are basedreport of the Commission.
14.05.2 The decision of 24 14 Seniority shall be established by the President date upon which continuous employment with the University commenced . Seniority shall not be subject to arbitration procedures as set out affected by leave taken in Article 15 of accordance with this Agreement unless the grievance or leave taken under any previous terms and conditions of employment .
24 15 Members who are to be submitted to arbitration is based on an alleged violation laid off under this Article shall be provided with written notice of the reasons . Lay offs under this Article 2.04, Article 2.05 shall not be treated or Articlerecorded as dismissals for cause . Members shall be laid off in the following order:
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Financial Exigency. 14.01 22.1 The first duty of the University must be to ensure that its academic priorities remain paramount, particularly in regard to the quality of instruction and research. The Governors, when faced with budgetary restrictions, will ensure the primacy of the University's educational functions by considering cuts in academic programs or resultant cuts of Board appointments only after all practicable cuts have been made in all other budgetary areas of the University.
22.2 A substantial financial deficiency which may result in the necessity of the termination of the employment of any Employee because of academic staff shall be deemed to be financial exigency for the purpose of this Article. However, the termination due to lack of funding of staff members holding contingent appointments shall only occur after a declaration of not constitute financial exigency by the Board of Governorsexigency.
14.02 The Board of Governors shall not declare 22.3 Before declaring a state of financial exigency except on bona fide financial grounds.exigency, the Governors shall consult with the Association and shall supply the Association with all budgetary information used by the Governors in considering the need for such a declaration
14.03 22.4 If the Board Association wishes to offer for the Governors’ consideration, suggestions designed to avoid the termination of Governors believes a financial exigency exists staff, it shall give notice to the Union of that belief together with a statement do so not more than thirty (30) calendar days after being advised of the financial reasons problem. Such suggestions will become the subject of immediate discussion between the Governors and the Association for a period not to exceed thirty (30) calendar days.
22.5 If, following these discussions, the Governors conclude that belief and the financial problem has not been resolved, it shall establish a financial commission appoint an ad hoc committee of three (3) personsmembers of the Governors to identify the nature and scope of the problem. The Board of Governors shall consult also appoint advisors to the Union to establish an agreed list of names committee selected from whom these three (3) shall be chosenthe University community and from the community at large. The three advisors selected from the University community shall include the President of the Faculty Association and two (32) persons shall be selected other members of the Association nominated by the Board of Association. The committee shall report its findings to the Governors within thirty (30) calendar days of the decision to establish a financial commissionits appointment. The terms Governors will then apprise the Minister of reference Advanced Education and Technology of the commission committee's findings.
22.6 If the Governors conclude that the financial problem still has not been resolved, it shall be:
14.03.1 declare a state of financial exigency. The General Faculties Council will be asked to assess whether in review the light of a full examination of the University's financial situation a bona fide financial exigency exists;
14.03.1.1 the commission shall have access to all that financial information referring to the operations, assets and the ancillary enterprises academic priorities of the University which is necessary and to make a judgment determine whether any programs or services are to be terminated. The recommendations of the General Faculties Council (if any) will be transmitted to the Governors for review and approval, as to whether there is a financial exigency or not;appropriate.
14.03.1.2 22.7 After the commission shall invite submissions or written representations Governors have dealt with any recommendations from the UnionGeneral Faculties Council pursuant to Article 22, Clause 22.6, The University Budget Committee shall allocate the faculty and required budget cuts to budget units in accordance with the student representative council;approved academic priorities.
14.03.1.3 22.8 Faculty budget cuts necessitating the occurrence of an operating deficit in any given year shall not necessarily constitute a bona fide financial exigency;
14.03.2 to make recommendations, if it sees fit, as to what measures might be taken, whether through reductions termination of academic staff or will be accomplished by Deans on the advice of Faculty Promotions Committees. The Committees and Deans will be guided in their deliberations by the same criteria of quality as used in promotions. Seniority will be considered, other means, to resolve factors being equal.
22.8.1 If the exigency;
14.03.3 to assess whether a decision to resolve the financial exigency through reductions termination of academic staff due to reasons of financial exigency is necessary, the Association shall be informed of the situation, in writing, by the Xxxx of the Faculty concerned.
14.04 The report of 22.8.2 Deans' recommendations must be submitted to the commission shall be advisory General Promotions Committee for approval before being passed to the President for referral to the Board of Governors. The report shall be submitted to the Board of Governors within twenty (20) Days of the commission being constituted. After receiving the report the Board shall make a decision as to whether or not a financial exigency exists, and shall promptly communicate this decision to the President, the Senate and the Union. The Board may not unreasonably disagree with the report of the commission. If the Board declares that a state of financial exigency exists it shall make the report of the commission available to the Senate and the Union.
14.05 It is the responsibility of the Senate to recommend the general areas, by discipline, in which reductions are to be made.
14.05.1 Within twenty (20) Days of receiving the commission's report, the Senate shall make its recommendations to the President. If the President does not accept all the recommendations of the Senate he or she shall, within twenty (20) Days of receiving them, convoke a meeting of the Senate to discuss his or her reasons for rejecting or modifying them. Within thirty (30) Days of this meeting the President shall communicate his or her final decisions to the Departments with a statement of all the reasons of which the decisions are based.
14.05.2 The decision of the President shall not be subject to arbitration procedures as set out in Article 15 of this Agreement unless the grievance to be submitted to arbitration is based on an alleged violation of Article 2.04, Article 2.05 or Article
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Financial Exigency. 14.01 The termination of the employment of any Employee because of financial exigency shall only occur after a declaration of financial exigency by the Board of Governors.
14.02 The Board of Governors shall not declare a state of financial exigency except on bona fide financial grounds.
14.03 If the Board of Governors believes a financial exigency exists it shall give notice to the Union of that belief together with a statement of the financial reasons for that belief and shall establish a financial commission of three (3) persons. The Board of Governors shall consult the Union to establish an agreed list of names from whom these three (3) shall be chosen. The three (3) persons shall be selected by the Board of Governors within thirty (30) days of the decision to establish a financial commission. The terms of reference of the commission shall be:
14.03.1 to assess whether in the light of a full examination of the University's financial situation a bona fide financial exigency exists;
14.03.1.1 the commission shall have access to all that financial information referring to the operations, assets and the ancillary enterprises of the University which is necessary to make a judgment as to whether there is a financial exigency or not;
14.03.1.2 the commission shall invite submissions or written representations from the Union, the faculty and the student representative council;
14.03.1.3 the occurrence of an operating deficit in any given year shall not necessarily constitute a bona fide financial exigency;
14.03.2 to make recommendations, if it sees fit, as to what measures might be taken, whether through reductions of academic staff or other means, to resolve the exigency;
14.03.3 to assess whether a decision to resolve the financial exigency through reductions of academic staff is necessary.
14.04 The report of the commission shall be advisory to the Board of Governors. The report shall be submitted to the Board of Governors within twenty (20) Days of the commission being constituted. After receiving the report report, the Board shall make a decision as to whether or not a financial exigency exists, and shall promptly communicate this decision to the President, the Senate and the Union. The Board may not unreasonably disagree with the report of the commission. If the Board declares that a state of financial exigency exists exists, it shall make the report of the commission available to the Senate and the Union.
14.05 It is the responsibility of the Senate to recommend the general areas, by discipline, in which reductions are to be made.
14.05.1 Within twenty (20) Days of receiving the commission's report, the Senate shall make its recommendations to the President. If the President does not accept all the recommendations of the Senate he or she they shall, within twenty (20) Days of receiving them, convoke a meeting of the Senate to discuss his or her their reasons for rejecting or modifying them. Within thirty (30) Days of this meeting the President shall communicate his or her their final decisions to the Departments with a statement of all the reasons of which the decisions are based.
14.05.2 The decision of the President shall not be subject to arbitration procedures as set out in Article 15 of this Agreement unless the grievance to be submitted to arbitration is based on an alleged violation of Article 2.04, Article 2.05 or Article
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Financial Exigency. 14.01 22.1 The first duty of the University must be to ensure that its academic priorities remain paramount, particularly in regard to the quality of instruction and research. The Governors, when faced with budgetary restrictions, will ensure the primacy of the University's educational functions by considering cuts in academic programs or resultant cuts of Board appointments only after all practicable cuts have been made in all other budgetary areas of the University.
22.2 A substantial financial deficiency which may result in the necessity of the termination of the employment of any Employee because of academic staff shall be deemed to be financial exigency for the purpose of this Article. However, the termination due to lack of funding of staff members holding contingent appointments shall only occur after a declaration of not constitute financial exigency by the Board of Governorsexigency.
14.02 The Board of Governors shall not declare 22.3 Before declaring a state of financial exigency except on bona fide financial groundsexigency, the Governors shall consult with the Association and shall supply the Association with all budgetary information used by the Governors in considering the need for such a declaration.
14.03 22.4 If the Board Association wishes to offer for the Governors’ consideration, suggestions designed to avoid the termination of Governors believes a financial exigency exists staff, it shall give notice to the Union of that belief together with a statement do so not more than thirty (30) calendar days after being advised of the financial reasons problem. Such suggestions will become the subject of immediate discussion between the Governors and the Association for a period not to exceed thirty (30) calendar days.
22.5 If, following these discussions, the Governors conclude that belief and the financial problem has not been resolved, it shall establish a financial commission appoint an ad hoc committee of three (3) personsmembers of the Governors to identify the nature and scope of the problem. The Board of Governors shall consult also appoint advisors to the Union to establish an agreed list of names committee selected from whom these three (3) shall be chosenthe University community and from the community at large. The three advisors selected from the University community shall include the President of the Faculty Association and two (32) persons shall be selected other members of the Association nominated by the Board of Association. The committee shall report its findings to the Governors within thirty (30) calendar days of the decision to establish a financial commissionits appointment. The terms Governors will then apprise the Minister of reference Advanced Education of the commission committee's findings.
22.6 If the Governors conclude that the financial problem still has not been resolved, it shall be:
14.03.1 declare a state of financial exigency. The General Faculties Council will be asked to assess whether in review the light of a full examination of the University's financial situation a bona fide financial exigency exists;
14.03.1.1 the commission shall have access to all that financial information referring to the operations, assets and the ancillary enterprises academic priorities of the University which is necessary and to make a judgment determine whether any programs or services are to be terminated. The recommendations of the General Faculties Council (if any) will be transmitted to the Governors for review and approval, as to whether there is a financial exigency or not;appropriate.
14.03.1.2 22.7 After the commission shall invite submissions or written representations Governors have dealt with any recommendations from the UnionGeneral Faculties Council pursuant to Article 22, Clause 22.6, The University Budget Committee shall allocate the faculty and required budget cuts to budget units in accordance with the student representative council;approved academic priorities.
14.03.1.3 22.8 Faculty budget cuts necessitating the occurrence of an operating deficit in any given year shall not necessarily constitute a bona fide financial exigency;
14.03.2 to make recommendations, if it sees fit, as to what measures might be taken, whether through reductions termination of academic staff or will be accomplished by Xxxxx on the advice of Faculty Promotions Committees. The Committees and Xxxxx will be guided in their deliberations by the same criteria of quality as used in promotions. Seniority will be considered, other means, to resolve factors being equal.
22.8.1 If the exigency;
14.03.3 to assess whether a decision to resolve the financial exigency through reductions termination of academic staff due to reasons of financial exigency is necessary, the Association shall be informed of the situation, in writing, by the Xxxx of the Faculty concerned.
14.04 The report of 22.8.2 Deans' recommendations must be submitted to the commission shall be advisory General Promotions Committee for approval before being passed to the President for referral to the Board of Governors. The report shall be submitted to the Board of Governors within twenty (20) Days of the commission being constituted. After receiving the report the Board shall make a decision as to whether or not a financial exigency exists, and shall promptly communicate this decision to the President, the Senate and the Union. The Board may not unreasonably disagree with the report of the commission. If the Board declares that a state of financial exigency exists it shall make the report of the commission available to the Senate and the Union.
14.05 It is the responsibility of the Senate to recommend the general areas, by discipline, in which reductions are to be made.
14.05.1 Within twenty (20) Days of receiving the commission's report, the Senate shall make its recommendations to the President. If the President does not accept all the recommendations of the Senate he or she shall, within twenty (20) Days of receiving them, convoke a meeting of the Senate to discuss his or her reasons for rejecting or modifying them. Within thirty (30) Days of this meeting the President shall communicate his or her final decisions to the Departments with a statement of all the reasons of which the decisions are based.
14.05.2 The decision of the President shall not be subject to arbitration procedures as set out in Article 15 of this Agreement unless the grievance to be submitted to arbitration is based on an alleged violation of Article 2.04, Article 2.05 or Article
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Financial Exigency. 14.01 The termination of the employment of any Employee because of financial exigency shall only occur after a declaration of financial exigency by the Board of Governors.
14.02 The Board of Governors shall not declare a state of financial exigency except on bona fide financial grounds.
14.03 If the Board of Governors believes a financial exigency exists it shall give notice to the Union of that belief together with a statement of the financial reasons for that belief and shall establish a financial commission of three (3) persons. The Board of Governors shall consult the Union to establish an agreed list of names from whom these three (3) shall be chosen. The three (3) persons shall be selected by the Board of Governors within thirty (30) days of the decision to establish a financial commission. The terms of reference of the commission shall be:
14.03.1 to assess whether in the light of a full examination of the University's financial situation a bona fide financial exigency exists;
14.03.1.1 the commission shall have access to all that financial information referring to the operations, assets and the ancillary enterprises of the University which is necessary to make a judgment as to whether there is a financial exigency or not;
14.03.1.2 the commission shall invite submissions or written representations from the Union, the faculty and the student representative council;
14.03.1.3 the occurrence of an operating deficit in any given year shall not necessarily constitute a bona fide financial exigency;
14.03.2 to make recommendations, if it sees fit, as to what measures might be taken, whether through reductions of academic staff or other means, to resolve the exigency;
14.03.3 to assess whether a decision to resolve the financial exigency through reductions of academic staff is necessary.
14.04 The report of the commission shall be advisory to the Board of Governors. The report shall be submitted to the Board of Governors within twenty (20) Days days of the commission being constituted. After receiving the report the Board shall make a decision as to whether or not a financial exigency exists, and shall promptly communicate this decision to the President, the Senate and the Union. The Board may not unreasonably disagree with the report of the commission. If the Board declares that a state of financial exigency exists it shall make the report of the commission available to the Senate and the Union.
14.05 It is the responsibility of the Senate to recommend the general areas, by discipline, in which reductions are to be made.
14.05.1 Within twenty (20) Days working days of receiving the commission's report, the Senate shall make its recommendations to the President. If the President does not accept all the recommendations of the Senate senate he or she shall, within twenty (20) Days working days of receiving them, convoke a meeting of the Senate to discuss his or her reasons for rejecting or modifying them. Within thirty (30) Days working days of this meeting the President shall communicate his or her final decisions to the Departments with a statement of all the reasons of which the decisions are based.
14.05.2 The decision of the President shall not be subject to arbitration procedures as set out in Article 15 of this Agreement unless the grievance to be submitted to arbitration is based on an alleged violation of Article 2.04, Article 2.05 or Article
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Financial Exigency. 14.01
22.1 The first duty of the University must be to ensure that its academic priorities remain paramount, particularly in regard to the quality of instruction and research. The Governors, when faced with budgetary restrictions, will ensure the primacy of the University's educational functions by considering cuts in academic programs or resultant cuts of Board appointments only after all practicable cuts have been made in all other budgetary areas of the University.
22.2 A substantial financial deficiency which may result in the necessity of the termination of the employment of any Employee because of academic staff shall be deemed to be financial exigency for the purpose of this Article. However, the termination due to lack of funding of staff members holding contingent appointments shall only occur after a declaration of not constitute financial exigency by the Board of Governorsexigency.
14.02 The Board of Governors shall not declare 22.3 Before declaring a state of financial exigency except on bona fide financial grounds.exigency, the Governors shall consult with the Association and shall supply the Association with all budgetary information used by the Governors in considering the need for such a declaration
14.03 22.4 If the Board Association wishes to offer for the Governors’ consideration, suggestions designed to avoid the termination of Governors believes a financial exigency exists staff, it shall give notice to the Union of that belief together with a statement do so not more than thirty (30) calendar days after being advised of the financial reasons problem. Such suggestions will become the subject of immediate discussion between the Governors and the Association for a period not to exceed thirty (30) calendar days.
22.5 If, following these discussions, the Governors conclude that belief and the financial problem has not been resolved, it shall establish a financial commission appoint an ad hoc committee of three (3) personsmembers of the Governors to identify the nature and scope of the problem. The Board of Governors shall consult also appoint advisors to the Union to establish an agreed list of names committee selected from whom these three (3) shall be chosenthe University community and from the community at large. The three advisors selected from the University community shall include the President of the Faculty Association and two (32) persons shall be selected other members of the Association nominated by the Board of Association. The committee shall report its findings to the Governors within thirty (30) calendar days of the decision to establish a financial commissionits appointment. The terms Governors will then apprise the Minister of reference Advanced Education and Technology of the commission committee's findings.
22.6 If the Governors conclude that the financial problem still has not been resolved, it shall be:
14.03.1 declare a state of financial exigency. The General Faculties Council will be asked to assess whether in review the light of a full examination of the University's financial situation a bona fide financial exigency exists;
14.03.1.1 the commission shall have access to all that financial information referring to the operations, assets and the ancillary enterprises academic priorities of the University which is necessary and to make a judgment determine whether any programs or services are to be terminated. The recommendations of the General Faculties Council (if any) will be transmitted to the Governors for review and approval, as to whether there is a financial exigency or not;appropriate.
14.03.1.2 22.7 After the commission shall invite submissions or written representations Governors have dealt with any recommendations from the UnionGeneral Faculties Council pursuant to Article 22, Clause 22.6, The University Budget Committee shall allocate the faculty and required budget cuts to budget units in accordance with the student representative council;approved academic priorities.
14.03.1.3 22.8 Faculty budget cuts necessitating the occurrence of an operating deficit in any given year shall not necessarily constitute a bona fide financial exigency;
14.03.2 to make recommendations, if it sees fit, as to what measures might be taken, whether through reductions termination of academic staff or will be accomplished by Deans on the advice of Faculty Promotions Committees. The Committees and Deans will be guided in their deliberations by the same criteria of quality as used in promotions. Seniority will be considered, other means, to resolve factors being equal.
22.8.1 If the exigency;
14.03.3 to assess whether a decision to resolve the financial exigency through reductions termination of academic staff due to reasons of financial exigency is necessary, the Association shall be informed of the situation, in writing, by the Xxxx of the Faculty concerned.
14.04 The report of 22.8.2 Deans' recommendations must be submitted to the commission shall be advisory General Promotions Committee for approval before being passed to the President for referral to the Board of Governors. The report shall be submitted to the Board of Governors within twenty (20) Days of the commission being constituted. After receiving the report the Board shall make a decision as to whether or not a financial exigency exists, and shall promptly communicate this decision to the President, the Senate and the Union. The Board may not unreasonably disagree with the report of the commission. If the Board declares that a state of financial exigency exists it shall make the report of the commission available to the Senate and the Union.
14.05 It is the responsibility of the Senate to recommend the general areas, by discipline, in which reductions are to be made.
14.05.1 Within twenty (20) Days of receiving the commission's report, the Senate shall make its recommendations to the President. If the President does not accept all the recommendations of the Senate he or she shall, within twenty (20) Days of receiving them, convoke a meeting of the Senate to discuss his or her reasons for rejecting or modifying them. Within thirty (30) Days of this meeting the President shall communicate his or her final decisions to the Departments with a statement of all the reasons of which the decisions are based.
14.05.2 The decision of the President shall not be subject to arbitration procedures as set out in Article 15 of this Agreement unless the grievance to be submitted to arbitration is based on an alleged violation of Article 2.04, Article 2.05 or Article
Appears in 1 contract
Samples: Collective Agreement
Financial Exigency. 14.01 The termination of the employment of any Employee because of financial exigency shall only occur after a declaration of financial exigency by the Board of Governors.
14.02 The Board of Governors shall not declare a state of financial exigency except on bona fide financial grounds.
14.03 If the Board of Governors believes a financial exigency exists it shall give notice to the Union of that belief together with a statement of the financial reasons for that belief and shall establish a financial commission of three (3) persons. The Board of Governors shall consult the Union to establish an agreed list of names from whom these three (3) shall be chosen. The three (3) persons shall be selected by the Board of Governors within thirty (30) days of the decision to establish a financial commission. The terms of reference of the commission shall be:
14.03.1 to assess whether in the light of a full examination of the University's financial situation a bona fide financial exigency exists;
14.03.1.1 the commission shall have access to all that financial information referring to the operations, assets and the ancillary enterprises of the University which is necessary to make a judgment as to whether there is a financial exigency or not;
14.03.1.2 the commission shall invite submissions or written representations from the Union, the faculty and the student representative council;
14.03.1.3 the occurrence of an operating deficit in any given year shall not necessarily constitute a bona fide financial exigency;
14.03.2 to make recommendations, if it sees fit, as to what measures might be taken, whether through reductions of academic staff or other means, to resolve the exigency;
14.03.3 to assess whether a decision to resolve the financial exigency through reductions of academic staff is necessary.
14.04 The report of the commission shall be advisory to the Board of Governors. The report shall be submitted to the Board of Governors within twenty (20) Days of the commission being constituted. After receiving the report report, the Board shall make a decision as to whether or not a financial exigency exists, and shall promptly communicate this decision to the President, the Senate and the Union. The Board may not unreasonably disagree with the report of the commission. If the Board declares that a state of financial exigency exists exists, it shall make the report of the commission available to the Senate and the Union.
14.05 It is the responsibility of the Senate to recommend the general areas, by discipline, in which reductions are to be made.
14.05.1 Within twenty (20) Days of receiving the commission's report, the Senate shall make its recommendations to the President. If the President does not accept all the recommendations of the Senate he or she shall, within twenty (20) Days of receiving them, convoke a meeting of the Senate to discuss his or her reasons for rejecting or modifying them. Within thirty (30) Days of this meeting the President shall communicate his or her final decisions to the Departments with a statement of all the reasons of which the decisions are based.
14.05.2 The decision of the President shall not be subject to arbitration procedures as set out in Article 15 of this Agreement unless the grievance to be submitted to arbitration is based on an alleged violation of Article 2.04, Article 2.05 or Article
Appears in 1 contract
Samples: Collective Agreement
Financial Exigency. 14.01 22.1 The first duty of the University must be to ensure that its academic priorities remain paramount, particularly in regard to the quality of instruction and research. The Governors, when faced with budgetary restrictions, will ensure the primacy of the University's educational functions by considering cuts in academic programs or resultant cuts of Board appointments only after all practicable cuts have been made in all other budgetary areas of the University.
22.2 A substantial financial deficiency which may result in the necessity of the termination of the employment of any Employee because of academic staff shall be deemed to be financial exigency for the purpose of this Article. However, the termination due to lack of funding of staff members holding contingent appointments shall only occur after a declaration of not constitute financial exigency by the Board of Governorsexigency.
14.02 The Board of Governors shall not declare 22.3 Before declaring a state of financial exigency except on bona fide financial grounds.exigency, the Governors shall consult with the Association and shall supply the Association with all budgetary information used by the Governors in considering the need for such a declaration
14.03 22.4 If the Board Association wishes to offer for the Governors’ consideration, suggestions designed to avoid the termination of Governors believes a financial exigency exists staff, it shall give notice to the Union of that belief together with a statement do so not more than thirty (30) calendar days after being advised of the financial reasons problem. Such suggestions will become the subject of immediate discussion between the Governors and the Association for a period not to exceed thirty (30) calendar days.
22.5 If, following these discussions, the Governors conclude that belief and the financial problem has not been resolved, it shall establish a financial commission appoint an ad hoc committee of three (3) personsmembers of the Governors to identify the nature and scope of the problem. The Board of Governors shall consult also appoint advisors to the Union to establish an agreed list of names committee selected from whom these three (3) shall be chosenthe University community and from the community at large. The three advisors selected from the University community shall include the President of the Faculty Association and two (32) persons shall be selected other members of the Association nominated by the Board of Association. The committee shall report its findings to the Governors within thirty (30) calendar days of the decision to establish a financial commissionits appointment. The terms Governors will then apprise the Minister of reference Advanced Education and Technology of the commission committee's findings.
22.6 If the Governors conclude that the financial problem still has not been resolved, it shall be:
14.03.1 declare a state of financial exigency. The General Faculties Council will be asked to assess whether in review the light of a full examination of the University's financial situation a bona fide financial exigency exists;
14.03.1.1 the commission shall have access to all that financial information referring to the operations, assets and the ancillary enterprises academic priorities of the University which is necessary and to make a judgment determine whether any programs or services are to be terminated. The recommendations of the General Faculties Council (if any) will be transmitted to the Governors for review and approval, as to whether there is a financial exigency or not;appropriate.
14.03.1.2 22.7 After the commission shall invite submissions or written representations Governors have dealt with any recommendations from the UnionGeneral Faculties Council pursuant to Article 22, Clause 22.6, The University Budget Committee shall allocate the faculty and required budget cuts to budget units in accordance with the student representative council;approved academic priorities.
14.03.1.3 22.8 Faculty budget cuts necessitating the occurrence of an operating deficit in any given year shall not necessarily constitute a bona fide financial exigency;
14.03.2 to make recommendations, if it sees fit, as to what measures might be taken, whether through reductions termination of academic staff or will be accomplished by Xxxxx on the advice of Faculty Promotions Committees. The Committees and Xxxxx will be guided in their deliberations by the same criteria of quality as used in promotions. Seniority will be considered, other means, to resolve factors being equal.
22.8.1 If the exigency;
14.03.3 to assess whether a decision to resolve the financial exigency through reductions termination of academic staff due to reasons of financial exigency is necessary, the Association shall be informed of the situation, in writing, by the Xxxx of the Faculty concerned.
14.04 The report of 22.8.2 Xxxxx' recommendations must be submitted to the commission shall be advisory General Promotions Committee for approval before being passed to the President for referral to the Board of Governors. The report shall be submitted to the Board of Governors within twenty (20) Days of the commission being constituted. After receiving the report the Board shall make a decision as to whether or not a financial exigency exists, and shall promptly communicate this decision to the President, the Senate and the Union. The Board may not unreasonably disagree with the report of the commission. If the Board declares that a state of financial exigency exists it shall make the report of the commission available to the Senate and the Union.
14.05 It is the responsibility of the Senate to recommend the general areas, by discipline, in which reductions are to be made.
14.05.1 Within twenty (20) Days of receiving the commission's report, the Senate shall make its recommendations to the President. If the President does not accept all the recommendations of the Senate he or she shall, within twenty (20) Days of receiving them, convoke a meeting of the Senate to discuss his or her reasons for rejecting or modifying them. Within thirty (30) Days of this meeting the President shall communicate his or her final decisions to the Departments with a statement of all the reasons of which the decisions are based.
14.05.2 The decision of the President shall not be subject to arbitration procedures as set out in Article 15 of this Agreement unless the grievance to be submitted to arbitration is based on an alleged violation of Article 2.04, Article 2.05 or Article
Appears in 1 contract
Samples: Collective Agreement
Financial Exigency. 14.01 The termination of the employment of any Employee because of financial exigency shall only occur after a declaration of financial exigency by the Board of Governors.
14.02 The Board of Governors shall not declare a state of financial exigency except on bona fide financial grounds.
14.03 If the Board of Governors believes a financial exigency exists it shall give notice to the Union of that belief together with a statement of the financial reasons for that belief and shall establish a financial commission of three (3) persons. The Board of Governors shall consult the Union to establish an agreed list of names from whom these three (3) shall be chosen. The three (3) persons shall be selected by the Board of Governors within thirty (30) days of the decision to establish a financial commission. The terms of reference of the commission shall be:
14.03.1 to assess whether in the light of a full examination of the University's financial situation a bona fide financial exigency exists;
14.03.1.1 the commission shall have access to all that financial information referring to the operations, assets and the ancillary enterprises of the University which is necessary to make a judgment as to whether there is a financial exigency or not;
14.03.1.2 the commission shall invite submissions or written representations from the Union, the faculty and the student representative council;
14.03.1.3 the occurrence of an operating deficit in any given year shall not necessarily constitute a bona fide financial exigency;
14.03.2 to make recommendations, if it sees fit, as to what measures might be taken, whether through reductions of academic staff or other means, to resolve the exigency;
14.03.3 to assess whether a decision to resolve the financial exigency through reductions of academic staff is necessary.
14.04 The report of the commission shall be advisory to the Board of Governors. The report shall be submitted to the Board of Governors within twenty (20) Days 20 days of the commission being constituted. After receiving the report the Board shall make a decision as to whether or not a financial exigency exists, and shall promptly communicate this decision to the President, the Senate and the Union. The Board may not unreasonably disagree with the report of the commission. If the Board declares that a state of financial exigency exists it shall make the report of the commission available to the Senate and the Union.
14.05 It is the responsibility of the Senate to recommend the general areas, by discipline, in which reductions are to be made.
14.05.1 Within twenty (20) Days working days of receiving the commission's report, the Senate shall make its recommendations to the President. If the President does not accept all the recommendations of the Senate senate he or she shall, within twenty (20) Days working days of receiving them, convoke a meeting of the Senate to discuss his or her reasons for rejecting or modifying them. Within thirty (30) Days working days of this meeting the President shall communicate his or her final decisions to the Departments with a statement of all the reasons of which the decisions are based.
14.05.2 The decision of the President shall not be subject to arbitration procedures as set out in Article ARTICLE 15 of this Agreement unless the grievance to be submitted to arbitration is based on an alleged violation of Article ARTICLE 2.04, Article ARTICLE 2.05 or ArticleARTICLE 2.06. Other grievances against a decision made by the President pursuant to ARTICLE 14.05.1 shall, if unresolved, be subject, mutatis mutandis, to all the procedures of ARTICLE 15, excluding ARTICLE
15.07.3 for which the following shall be substituted: there shall be an arbitration board composed of a member of the Board of Governors chosen by the Board of Governors, a member of the Union chosen by the Union and the Chair of the Board of Governors.
14.06 The termination of the appointments of individual faculty members, made necessary by a reduction in academic staff, shall be determined under the following procedures:
14.06.1 all Departments requested to reduce staff shall consider all their faculty members;
14.06.2 termination of academic appointments shall be in the following order of preference:
14.06.2.1 voluntary resignations shall be accepted first;
14.06.2.2 leave of absence without pay shall be offered to faculty members who wish to accept it;
14.06.2.3 faculty members holding appointments of limited term shall not be reappointed;
14.06.2.4 faculty members eligible for early retirement under ARTICLE 12.06 shall be offered the opportunity to retire in accordance with the terms of ARTICLE 14.08.2.
14.06.2.5 faculty members holding probationary or tenured appointments shall have their appointments terminated (tenure shall become a consideration in determining staff reductions only when all other factors are of equal weight).
14.06.3 Faculty members whose appointments are subject to termination shall be evaluated according to the criteria in ARTICLE 8.02, and shall be entitled to the same procedures mutatis mutandis as a faculty member applying for a renewal of a probationary appointment under ARTICLE 9.
14.07 After the selection of faculty members whose probationary or tenured appointments are to be terminated and prior to their termination the Employer shall make every reasonable effort to secure other positions in the university, including administrative positions, for any such faculty members who are Employees qualified for those positions. Those who accept such employment shall, in the first year of that employment, be paid a salary not less than the floor for the salaries of Assistant Professors.
14.08 When the appointment of an Employee is terminated because of a reduction in academic staff, the University shall:
14.08.1 actively assist the individual in seeking new employment.
14.08.2 provide, for Employees holding probationary or tenured appointments, severance compensation amounting to two months salary for every year up to four years, and one month for every year beyond four years, the minimum for any individual being six months salary and the maximum being the lesser of eighteen months salary or two-thirds of the salary payable to the normal retirement date; Employees eligible to apply for early retirement under ARTICLE
Appears in 1 contract
Samples: Collective Agreement
Financial Exigency. 14.01 The termination 24.1 No Member shall be terminated, dismissed or otherwise penalized with respect to terms and conditions of the employment of any Employee because of and/or rights or privileges relating to employment for financial exigency shall only occur after a declaration of financial exigency by the Board of Governors.
14.02 The Board of Governors shall not declare reasons except in accordance with this Article. Members may be laid off in accordance with this Article if a state of financial exigency except on bona fide has been declared by the Board according to the procedures contained in this Article. A state of financial groundsexigency is defined as a situation in which the University faces substantial and potentially chronic financial losses which threaten the continued functioning of the University unless the budgetary allocation for salaries and benefits of Members is reduced.
14.03 If 24.2 In the event that the Board of Governors believes considers that a financial exigency exists within the meaning of 24.1, it shall give notice to the Union of Association within 5 days that belief together it intends to act in accordance with a statement the procedures set out below. As of the date of such notice, Members may have contracts renewed, but no new appointments may be made, that is, no person shall be appointed to a position in the Bargaining Unit covered by this Agreement. As of the date of such notice, the University undertakes to make no additional appointments to the administrative complement.
24.3 Within 10 days of giving notice that it considers a financial reasons for exigency exists, the Board shall forward to the Association all financial documentation relevant to the proposed state of financial exigency. The documentation shall be sufficiently detailed that belief and by usual accounting principles a state of financial exigency can be evaluated.
24.4 Within 15 days of the notice specified in clause 24.2 above, the Board shall establish a Financial Commission which shall review the material on the state of financial commission exigency and either:
(a) verify to the Board that it confirms the existence of three such a financial exigency; or
(3b) persons. report to the Board that such a financial exigency does not exist.
24.5 The Board Financial Commission shall consist of Governors shall consult the Union to establish an agreed list five (5) members, two (2) of names from whom these three (3) shall be chosenappointed by the Board, and two (2) of whom shall be appointed by the Association. The three (3) persons An independent chair shall be selected by the Board of Governors within thirty other four (304) days members of the decision Commission, and in the event the other members of the Commission cannot agree on a chair, the chair shall be named by the Senior Ontario Court (General Division) Judge presiding in Kitchener. No member of the Financial Commission shall be a government official.
24.6 The University shall cooperate with the Financial Commission in its deliberations and shall provide all documentation necessary to establish a financial commission. The terms of reference to the satisfaction of the commission shall be:
14.03.1 to assess Financial Commission whether in the light of a full examination of the University's financial situation a bona fide financial exigency exists;
14.03.1.1 the commission shall have access to all that financial information referring to the operations, assets and the ancillary enterprises of the University which is necessary to make a judgment as to whether there is a financial exigency or not;
14.03.1.2 the commission shall invite submissions or written representations from the Union, the faculty and the student representative council;
14.03.1.3 the occurrence of an operating deficit in any given year shall not necessarily constitute a bona fide financial exigency;
14.03.2 to make recommendations, if it sees fit, as to what measures might be taken, whether through reductions of academic staff or other means, to resolve the exigency;
14.03.3 to assess whether a decision to resolve the financial exigency through reductions of academic staff is necessary.
14.04 The report of the commission shall be advisory to the Board of Governors. The report shall be submitted to the Board of Governors within twenty (20) Days of the commission being constituted. After receiving the report the Board shall make a decision as to whether or not a financial exigency exists, and shall promptly communicate this decision to the President, the Senate and the Union. The Board may not unreasonably disagree with the report of the commission. If the Board declares that a state of financial exigency exists within the meaning of this Article.
24.7 The Financial Commission shall establish its own procedures.
24.8 The Financial Commission shall invite and consider submissions on the University's financial condition. It shall consider:
(a) whether the University's financial position constitutes a genuine financial crisis that involves a deficit for at least one financial year which is projected by generally accepted accounting principles to continue, and constitutes a problem sufficiently grave that the University's continued functioning would be endangered unless the budgetary allocation for salaries and benefits of Members is reduced;
(b) whether the reduction of the number of Members and/or the reduction in the salaries and benefits of Members is a reasonable way to effect a cost saving given the primacy of academic goals within the University;
(c) whether other means of achieving savings have been explored and utilized;
(d) whether every reasonable effort has been made to secure further assistance from the provincial government and to improve the University's revenue position by any other means including borrowing and the disposal of assets not essential to the functioning of the University;
(e) whether enrolment projections are consistent with the intended reduction in the complement of Members;
(f) whether all other means of reducing the complement of Members including voluntary early retirement, voluntary resignation, voluntary transfer to Reduced Load status, and redeployment have been considered and utilized; and,
(g) any other matters that it considers relevant to the proposed financial exigency. The Financial Commission shall answer each of (a) to (f) above, as well as any other specific questions that arise under (g).
24.9 The Financial Commission shall make its report to the Board within 3 months of its appointment. If the Financial Commission verifies that there is a state of financial exigency, it shall make recommend the amount of reduction in expenditure that is required. It shall also recommend the proportion of that reduction that will be achieved by laying off Members, or by other means of reduction in expenditures on Members' salaries and benefits.
24.10 When the report of the commission available Financial Commission verifying that a financial exigency exists is made known to the Senate Association, the Association shall invite Members to recommend proposals for the use of voluntary measures to bring about savings in expenditures for Members' salaries and the Unionbenefits.
14.05 It is 24.11 If the responsibility of the Senate to recommend the general areasFinancial Commission verifies that a financial exigency exists, by discipline, in which reductions a 30 day period shall elapse before any procedures for lay offs are to be made.
14.05.1 Within twenty (20) Days of receiving the commission's reportinvoked. During that period, the Senate Parties shall make its recommendations to the President. If the President does not accept all meet and consider the recommendations of the Senate he or she shall, within twenty (20) Days of receiving them, convoke a meeting Commission with respect to the implications of the Senate financial exigency. It shall be open to discuss his or her reasons for rejecting or modifying them. Within thirty (30) Days the Parties, notwithstanding any provisions to the contrary of this meeting Agreement, to renegotiate provisions of this Agreement bearing directly on salaries and benefits, or to reach other mutually acceptable emergency methods of reducing expenditures that could avert lay offs or decrease the President number of lay offs. Reductions in salaries and benefits of Members shall communicate his or her final decisions not exceed the amount of such reductions in salaries and benefits recommended by the Financial Commission pursuant to the Departments with a statement of all the reasons of which the decisions are based24.9.
14.05.2 The decision 24.12 If, pursuant to 24.11, the Parties fail to reach agreement on measures to reduce salaries and benefits within 30 days of the President report of the Financial Commission, the University may reduce the budgetary allocation for salaries and benefits of Members in accordance with the procedures set out below. Reductions in salaries and benefits of Members shall not exceed the amount of such reductions in salaries and benefits specified by the Financial Commission pursuant to 24.9.
24.13 In the event that the Financial Commission has found that no financial exigency exists in the sense of 24.8, the Board shall be precluded from invoking the provisions of this Article for the lay off or reduction in the salaries and benefits of Members for 12 months from the date of the report of the Commission.
24.14 Seniority shall be established by the date upon which continuous employment with the University commenced. Seniority shall not be subject affected by leave taken in accordance with this Agreement or leave taken under any previous terms and conditions of employment.
24.15 Members who are to arbitration procedures be laid off under this Article shall be provided with written notice of the reasons. Lay offs under this Article shall not be treated or recorded as set out dismissals for cause. Members shall be laid off in Article 15 the following order:
(1) Members who are on Limited Term Appointments;
(2) Members holding Provisional Appointments;
(3) Members holding Candidacy, Continuing, and Tenured Appointments. Within the above categories, the order of lay off shall be based on reverse seniority. If two (2) or more Members have equal seniority, the order of seniority will be decided by lot. Under category (3) Members holding Candidacy, Continuing, and Tenure Appointments, an exception to the order of reverse seniority may be made under the following conditions:
(a) where the continued existence of an academic program requires the retention of the services of a Member who would otherwise be chosen for lay off under this provision; or
(b) where designated groups, as defined under 22.2.3, in an academic unit or sub-unit, are under- represented or would become under-represented.
24.16 After the selection of the Members who are to be laid off, but prior to the implementation of such lay offs, the University shall make every reasonable effort to secure positions elsewhere in the University, including administrative positions, for those individuals who are to be laid off. Individuals who accept such alternative employment shall be given the opportunity to retrain for their new duties, and the University shall pay any necessary and related tuition fees. Any transfer to another academic unit or sub-unit shall require the written consent of the Member and the consent of Members in the receiving unit or sub-unit. The consent of this Agreement academic unit or sub-unit shall not be unreasonably withheld. Rank, Reference Salary, benefits and seniority shall be transferred with the Member or Members. Any transfer of a Member to an administrative position outside of the Bargaining Unit shall be on terms and conditions satisfactory to the Member and the University, and the Member shall retain recall rights pursuant to 24.19, 24.20 and 24.21.
(a) For each Member serving or having contracted to serve on a Limited Term or a Provisional Appointment who is selected for lay off, the University shall provide the lesser of 6 months' written notice of the proposed date of lay off or 6 months' salary in lieu of notice, or notice that the University will honour all contractual obligations to the Member but that no subsequent appointment will be offered.
(b) For each Member who is serving or has contracted to serve in a Candidacy, Tenured, or Continuing Appointment who is selected for lay off, the University shall provide:
(i) 15 months' written notice of the proposed date of lay off or 15 months' salary in lieu thereof or a combination of salary and notice totaling 15 months; and,
(ii) one month's salary for each year of service in the University, which shall be no less than 6 months' salary for Members with Tenure or Continuing Appointments, to a maximum of 24 months. Pursuant to the above, all payments shall be based on the individual's annual Reference Salary at the date of lay off.
24.18 Members who are laid off, or who voluntarily accept Reduced Load appointments, or who are transferred to a position outside of the Bargaining Unit shall have, for a period of 4 years from the date of lay off, a right of first refusal for any post in their former academic unit or sub-unit, unless the grievance University can substantiate that the post is so specialized that it cannot be filled by the candidate or by a re- arrangement of the duties of other Members of the same academic unit. The University shall be entitled to send any such notice to the Member's last known address by registered mail. It shall be the Member's obligation to inform the University of his/her then current address. In addition, each Member who is laid off shall have a right of first refusal for any other vacant post in the University for which he/she is qualified.
24.19 Individuals who are recalled pursuant to 24.18 shall have up to 2 months following receipt of notice to accept such recall offer, and a reasonable period, not to exceed 12 months, to terminate alternative employment and take up the offered post. Failure to accept recall is deemed to be submitted to arbitration is based a resignation. Members on an alleged violation lay off who are subsequently recalled shall repay any portion of Article 2.04, Article 2.05 or Articlethe allowance pursuant to
Appears in 1 contract
Samples: Collective Agreement
