Common use of Tenure and Promotion Clause in Contracts

Tenure and Promotion. 14.01 The parties agree that promotion of probationary and tenured employees from one rank to another, the award of tenure to employees, the renewal or non-renewal of the appointments of employees in the pre-candidacy phase of a probationary appointment, and their advancement to the candidacy phase shall be by action of the Board of Governors, only upon recommendation of the President. The President shall, in making his/her recommendations, act in conformity with existing practices with respect to criteria and procedures for promotion and tenure, in so far as they relate to terms and conditions of employment. It is agreed that the existing practices are those as set out in the Tenure and Promotion Policy, Criteria and Procedures document as of 1 September 2012. Amendments to these criteria and procedures shall require the approval of both parties. The documents referenced above are printed under separate cover and form part of this Collective Agreement. 14.02 The recommendation of the President to the Board of Governors or his/her decision not to make a recommen- dation to the Board of Governors in respect of clause 14.01 above shall be subject to the grievance and arbitration procedures set out in Articles 9 and 10 of this collective agreement. Such grievances shall be limited to: (a) allegations of irregularity or defect, of a nature suffi- ciently serious to justify quashing the decision, in the application of the procedures established in clause 14.01; (b) allegations of violation of academic freedom (as defined in Article 11) or of discrimination (as defined in Article 5). An arbitrator shall be limited in his/her jurisdiction to the matters set out in (a) and (b) of this clause, and shall be without power to reverse the President’s decision or recommendation or to award tenure or promotion, but may quash the President’s decision or recommendation on the grounds set out in (a) or (b). In such cases, time limits established by existing practices for the processing or recommendations shall be appropriately amended. 14.03 Any alteration of procedures in a particular case neces- sitated by an arbitrator’s decision to quash a decision on grounds of discrimination or violation of academic freedom shall be subject to approval by the parties.

Tenure and Promotion. 14.01 The parties agree that promotion of probationary and tenured employees from one rank to another, the award of tenure to employees, the renewal or non-renewal of the appointments of employees in the pre-candidacy phase of a probationary appointment, and their advancement to the candidacy phase shall be by action of the Board of Governors, only upon recommendation of the President. The President shall, in making his/her recommendations, act in conformity with existing practices with respect to criteria and procedures for promotion and tenure, in so far as they relate to terms and conditions of employment. It is agreed that the existing practices are those as set out in the Tenure and Promotion Policy, Criteria and Procedures document as of 1 September 2012. Amendments to these criteria and procedures shall require the approval of both parties. The documents referenced above are printed under separate cover and form part of this Collective Agreement. 14.02 The recommendation of the President to the Board of Governors or his/her decision not to make a recommen- dation recommenda- tion to the Board of Governors in respect of clause 14.01 above shall be subject to the grievance and arbitration procedures set out in Articles 9 and 10 of this collective agreement. Such grievances shall be limited to: (a) allegations of irregularity or defect, of a nature suffi- ciently suf- ficiently serious to justify quashing the decision, in the application of the procedures established in clause 14.01; (b) allegations of violation of academic freedom (as defined in Article 11) or of discrimination (as defined in Article 5). An arbitrator shall be limited in his/her jurisdiction jurisdic- tion to the matters set out in (a) and (b) of this clause, and shall be without power to reverse the President’s decision or recommendation or to award tenure or promotion, but may quash the President’s decision or recommendation on the grounds set out in (a) or (b). In such cases, time time- limits established by existing practices for the processing or recommendations shall be appropriately amended. 14.03 Any alteration of procedures in a particular case neces- sitated by an arbitrator’s decision to quash a decision on grounds of discrimination or violation of academic freedom shall be subject to approval by the parties.

Tenure and Promotion. 14.01 The parties agree that promotion of probationary and tenured employees from one rank to another, the award of tenure to employees, the renewal or non-renewal of the appointments of employees in the pre-candidacy phase of a probationary appointment, and their advancement to the candidacy phase shall be by action of the Board of Governors, only upon recommendation of the President. The President shall, in making his/her recommendations, act in conformity with existing practices with respect to criteria and procedures for promotion and tenure, in so far insofar as they relate to terms and conditions of employment. It is agreed that the existing practices are those as set out in the Tenure and Promotion Policy, Criteria and Procedures document as of 1 September 201225 June 2020. Amendments to these criteria and procedures shall require the approval of both parties. The documents document referenced above are is printed under separate cover and form part of this Collective Agreement. 14.02 The recommendation of the President to the Board of Governors or his/her decision not to make a recommen- dation recommendation to the Board of Governors in respect of clause 14.01 above shall be subject to the grievance and arbitration procedures set out in Articles 9 and 10 of this collective agreement. Such grievances shall be limited to: (a) allegations of irregularity or defect, of a nature suffi- ciently sufficiently serious to justify quashing the decision, in the application of the procedures established in clause 14.01; (b) allegations of violation of academic freedom (as defined in Article 11) or of discrimination (as defined in Article 5). An arbitrator shall be limited in his/her jurisdiction to the matters set out in (a) and (b) of this clause, and shall be without power to reverse the President’s decision or recommendation or to award tenure or promotion, but may quash the President’s decision or recommendation on the grounds set out in (a) or (b). In such cases, time limits established by existing practices for the processing or recommendations shall be appropriately amended. 14.03 Any alteration of procedures in a particular case neces- sitated necessitated by an arbitrator’s decision to quash a decision on grounds of discrimination or violation of academic freedom shall be subject to approval by the parties.