ARTICLE 14 - Distributed Teaching Responsibilities, Transitional Appointments, Retraining Leaves, Redeployment, Reduced Responsibility, Voluntary Contract Termination and Early Partial Retirement

Distributed Teaching Responsibilities

14:01 Clauses 14:01 to 14:06 apply to faculty members who hold an appointment in a primary AAU. Such members shall enjoy all rights and privileges and shall retain specific responsibilities within the member’s primary AAU. Normally at least half a member's teaching load will be in the primary AAU.

14:02 The parties realize that benefits can be achieved through distributed teaching, that is to say, teaching outside of the primary AAU. Distributed teaching shall require the agreement of the member.

14:03 A faculty member may apply for, or may be requested by the member’s Dean to undertake, distributed teaching for one (1) specific course for a series of years and/or two (2) specific courses for up to three (3) teaching years in AAU(s) other than the primary AAU. In that event, the procedures for appointment to a secondary AAU need not be applied. However, distributed teaching shall require the agreement of the member, the Dean(s) and the Heads affected by the assignment. Where two (2) specific courses are to be taught in another AAU, the Heads affected shall obtain approval of their respective AAU Councils. Should the distributed teaching be in a program not administered by an AAU, agreement of the chair of the program committee is required as well.

14:04 For any distributed teaching arrangement not set forth in clause 14:03, the member shall be appointed to other AAU(s) in accordance with Senate Bylaws for appointment to secondary AAU(s).

14:05 The member is entitled to have all contributions, whether they occur in the primary AAU or elsewhere, appropriately recognized in all evaluative procedures. A member shall not be disadvantaged in the member’s primary AAU because of distributed teaching responsibilities.

14:06 The member shall have the right of appeal to the University Review Committee on Faculty Workloads (URCFW) under clause 5:16 of this Agreement, and shall have recourse to the normal grievance and arbitration procedures under clause 5:21 of this Agreement.

Transitional Appointments

14:07 The parties recognize that certain individual members may wish to pursue a second career opportunity, and the University may have staffing needs in areas where such opportunities are available. One method of accommodating such interests may involve transitional appointments. It is agreed that such transitional appointments shall be made in a collegial and non-discriminatory manner, and both parties recognize that such appointments shall be voluntary.

14:08 It is understood that a transitional appointment involves the teaching of one-half or more of the member's teaching load in a host AAU for a term of not more than five (5) years.

14:09 A member having a regular appointment with tenure may apply to the member’s home Dean for a transitional appointment. The home Dean shall consider the application with the appropriate Heads and other Dean (if any) in the light of the operational needs of the AAU(s). The home Dean shall forward the application with the Dean’s recommendation to the Provost. A copy of the application shall be sent to the President of the Faculty Association. The Provost shall refer the application through the host Dean to the host AAU and no application shall be processed further until the application has been approved by the host AAU in accordance with clause 14:14. The Provost shall inform the member in writing of the final decision concerning the member’s application for transitional appointment within sixty (60) days of the submission of the member's application to the Provost and, if affirmative, the specific rights and responsibilities (including a schedule setting out the dates on which the member shall assume duties in the host AAU, and the provisions for retraining, if any) assigned to the member in the home and/or the host AAU(s). No member shall be required to accept a transitional appointment, but once a transitional appointment has been approved, a member shall have thirty (30) days from receipt of the written decision to either accept or reject the terms of the transitional appointment. A transitional appointment shall normally begin on any July 1 or January 1 and end on any June 30 or December 31. The limitation periods may be extended by mutual agreement of the Provost and the member involved.

14:10 A member on a transitional appointment shall continue to have the same status, seniority, and other rights, privileges and benefits as if the member held a regular continuing appointment, including the Normal Salary and benefits and other matters affecting the status of members.

14:11 The member is entitled to have all contributions in both the host and the home AAU (if applicable) appropriately recognized in all evaluative processes.

14:12 The member or the University may terminate the member's transitional appointment to a host AAU at any time up to one hundred and eighty (180) days prior to the end of the term of the transitional appointment by written notice to the other party. Such termination is to be effective on any June 30 or December 31 during the five (5) year term following notice of termination. If the member's appointment to the host AAU is terminated in accordance with this clause 14:12 or otherwise by agreement between the member and the University at or before the end of five (5) years, the member shall return as of right to the member’s home AAU and shall be treated except as set out in clause 14:11 for all purposes as if the member held a regular continuing appointment in the home AAU.

14:13 Not later than eighteen (18) months prior to the end of the 5 year term the member shall elect to either remain in the home AAU or apply in writing to become a permanent member in the host AAU and cease to be a member of the home AAU. An application to become a permanent member of the host AAU shall be made to the Dean of the host AAU and such appointment shall be made subject to clause 14:14.

14:14 No faculty member shall be appointed to a host AAU in contravention of specific terms of this Agreement governing appointments or Senate procedures governing appointments as set out in Senate By-Law 20.

Retraining Leaves

14:15 The parties recognize that certain individual members may wish to upgrade their professional qualifications or pursue a second career opportunity. One method of accommodating such interests may involve retraining leave. It is agreed that such retraining leaves shall be granted in a collegial and non-discriminatory manner, and both parties recognize that such leaves shall be voluntary.

14:16 A retraining leave shall be granted for the purpose of upgrading a member's professional qualifications with a view to enhancing the member's potential to contribute to the continuance and excellence of the program(s) in the member’s present AAU.

14:17 A member holding a regular appointment with tenure may apply to the member’s Dean for a retraining leave. Where the retraining leave is for the purpose of upgrading, the Dean shall consider the application with the appropriate Head in the light of the operational needs of the AAU and shall forward their recommendation to the Provost. The University may also invite the member to apply for a retraining leave in accordance with the provisions of this clause. A copy of the application shall be sent to the President of the Faculty Association.

14:18 The Provost shall inform the member in writing of the final decision concerning the member’s application for retraining leave within sixty (60) days of submission of the member's application, and, if an affirmative decision is made, the specific rights and responsibilities and scheduling thereof to be assigned to the member. In addition, the Provost shall inform the member of the level of reimbursement by the University of expenses incurred by the member for tuition, books and supplies, and travel as appropriate.

14:19 No member shall be required to accept a retraining leave, but once a retraining leave has been approved, a member shall have thirty (30) days from receipt of the written decision to either accept or reject the terms of the retraining leave. A retraining leave shall normally begin on any July 1 or January 1 and end on any June 30 or December 31.

14:20 A member on retraining leave shall continue to have the same status, seniority and other rights, privileges and benefits as if they held a regular continuing appointment except for salary. The salary remuneration paid to a member on retraining leave shall normally be equivalent to seventy-five percent (75%) of the member's Nominal Salary. In exceptional circumstances, the University may at its discretion grant retraining leave to up to three (3) members per academic year at one hundred percent (100%) of the member's Nominal Salary. During the member’s retraining leave, a retrainee shall be deemed to continue to be in the employ of the University and shall continue while on retraining leave to be entitled to all benefits provided to other members. Time spent on retraining leave shall be included and credited as periods of University service in all matters including questions pertaining to promotion, retirement and seniority. Premiums for all benefits, as provided by this Collective Agreement, and all other fringe benefit plans shall continue during retraining leave(s) without interruption and on the same basis as during normal employment. Payments into the University Retirement Plan shall be calculated on the basis of the retrainee's Nominal Salary or their retraining salary allowance at the option of the retrainee. It is clearly understood that any rights to levels of participation or participation in the Plans outlined in this Article are conditional upon the Plans so permitting.

14:21 The time spent on retraining leave shall not be counted or credited toward qualifying time for sabbatical leave purposes. It is agreed and understood that years of entitlement service toward sabbatical leave accumulated shall be taken into consideration by the parties in determining future eligibility for sabbatical leave(s). However, those members who are granted a retraining leave at one hundred percent (100%) of their Nominal Salary, as set out in clause 14:20 of this Article, shall not forfeit any years of entitlement service toward sabbatical leave.

14:22 The member shall transmit to the Provost or such person as the Provost may nominate, reports of the studies the member is pursuing at such intervals as the Provost shall specify at the same time as the notification of the University's final decision as set out in clause 14:18 of this Article.

14:23 The member is entitled to have all contributions made during the period of retraining leave appropriately recognized in all evaluative processes.

14:24 No member may apply for both retraining leave and sabbatical leave in the same academic year.

Redeployment

14:25 The parties recognize that changes in enrolment levels and patterns, and in priorities among programs and/or courses, or preferences of members influence the use and allocation of the human and financial resources of the University. Consequently, the parties recognize that it may be necessary to facilitate such adjustments through the retraining for redeployment, and/or redeployment within the University of members of the full-time faculty and full-time librarian members. The parties also recognize that a member's contributions to the teaching, research or creative activity of the University may better meet the needs of the member and University with a redeployment. No member's contract of employment shall be terminated and no members shall be laid off except as provided by Articles 15 or 16 and no member shall be redeployed as the result of the use of alternative learning technology. The Faculty Association has the right to represent a member through all stages of the redeployment process.

14:26   A proposal for redeployment of a member may be initiated by the University by giving the proposal to the member affected, or by a member by giving the proposal to the University. In the event the University makes a proposal for redeployment, the member shall have thirty (30) days in which to respond, after which the Provost shall, within a further sixty (60) days of receipt of the response notify the member concerned of the University's final decision and, where appropriate, of terms and conditions of the member's redeployment. In the event that a member makes a proposal for redeployment, the University shall have sixty (60) days in which to notify the member concerned of the University's final decision and, where appropriate, of terms and conditions of the member's redeployment.

14:27   If a retraining program is required for redeployment, the terms and conditions of this program shall be set by mutual agreement. The Provost shall inform the member in writing of the final decision concerning the member’s application for the retraining program within sixty (60) days of submission of the member's application, and, if an affirmative decision is made, the specific rights and responsibilities and scheduling thereof to be assigned to the member. In addition, the Provost shall inform the member of the level of reimbursement by the University of expenses incurred by the member for tuition, books and supplies, and travel as appropriate.

14:28 In the case of a retraining program for the purpose of partial redeployment the home Dean shall consider the application with the appropriate Head(s), or in the case of a library, the Associate University Librarian, in the light of the operational needs of the AAU(s) or Library.

Where the partial redeployment involves another Faculty or Library the home Dean shall forward the home Dean’s recommendation to the host Dean who shall forward the application with host Dean’s recommendation to the Provost. Where the partial redeployment does not involve another Faculty the home Dean shall forward the home Dean’s recommendation to the Provost.

In the case of a retraining program for the purpose of full redeployment the home Dean shall be informed and the host Dean, where the redeployment involves another Faculty or Library, shall consult the appropriate Head(s), or in the case of a library, the Associate University Librarian. The host Dean or the home Dean, where the redeployment does not involve another Faculty, shall forward the application with their recommendation to the Provost.

A proposal shall be in writing and shall include a statement of the terms thereof considered agreeable by the University in the case of a proposal initiated by it, or by the member in the case of a proposal initiated by the member. The proposal must be reasonable, taking into account, among other things, the member's field of expertise and the requirements of a particular receiving AAU or Library.

14:29 A proposal/program for retraining for redeployment may involve among others the following:

(a) part-time courses within the University;

(b) unpaid leave of absence to develop an expertise in a particular field;

(d) part-time teaching within the University and part-time study outside the University with full salary, benefits and tuition;

(e) partial leave to study within the University with full salary and benefits (full-time for part of a year, e.g., a term);

(f) partial leave to study outside the University at full salary and tuition (full-time for part of a year, e.g., a term);

(g) use of a sabbatical leave for retraining purposes (with or without supplement in salary and tuition);

(h) early granting of sabbatical leave for redeployment;

(i) study leave at partial salary;

(j) study leave at full salary, failing other viable alternatives.

14:30 A proposal for redeployment may involve an appointment to another AAU or Library or a cross appointment or joint appointment or hybrid appointment to other AAU(s) or Library or non-program based academic area. The redeployment proposal must be reasonable and take into account, among other things, the member's field of expertise and the requirements of the AAU or Library or area receiving the member, the preference of the member, the requirements of the home AAU or Library and the priorities of the University.

14:31 A proposal for redeployment outside the bargaining unit shall not be implemented without the consent of the member. Where a member is redeployed outside the bargaining unit, they shall retain the rights of a member under this Article for a three (3) year period. In the event that any position outside the bargaining unit to which the member is redeployed is eliminated and the member is not further redeployed in accordance with this Article, the member may return to the bargaining unit with status no less than that held at the time of redeployment out of the bargaining unit and with a salary no less than that being received in the position outside the bargaining unit which has been eliminated. Nothing in this clause affects an assignment of duties not normally performed by members of the bargaining unit, and where acceptable to both parties, the University recognizes the member shall continue to be a member of the bargaining unit for all purposes.

14:32 No member shall be appointed to a host AAU or Library in contravention of Senate procedures governing appointment as set out in Senate Bylaw 20, or in contravention of procedures governing appointment for librarian members as set out in this Agreement.

14:33 A member receiving notice that the University intends to implement a proposal for redeployment may grieve under Article 39 at step 3 on the grounds that the proposal for that member is either unreasonable and/or unnecessary.

14:34 A member receiving any benefits hereunder should return to service with the University for a period of at least one (1) year (unless causes beyond the member’s control prevent this), except as the University waives such obligation.

14:35 The provisions of this Article shall not exclude the making of any other arrangements for upgrading and redeployment which do not involve a leave period. It is agreed and understood that such arrangements must be mutually agreed upon and shall not involve a reduction in the member's annual salary. The University shall give the Association reasonable notice of any proposal, including the terms thereof and the timetable for implementation.

14:36 In the event of the dissolution of an AAU or of a program(s) within an AAU in accordance with a Senate Bylaw, a member with tenure or permanence may apply for a retraining program and the University shall, having regard to the member's potential to contribute to the excellence and continuance of the program(s) of a host AAU, not unreasonably deny a request for such program.

Reduced Responsibility

14:37 Reduced responsibility is either a permanent or temporary reduction in the normal overall workload, including teaching, research or creative activity, and service in equal proportions, of a faculty or librarian member agreed upon between the University and the member. Reduced responsibility does not include a reduction in some components of a faculty member's workload based upon an increase in other components where the member's overall workload remains a normal one.

14:38 A faculty or librarian member having a regular appointment with tenure or permanence may apply to the Dean for reduced responsibility. The member shall discuss the application with the Head prior to making same and shall normally make written application specifying whether the proposed reduction is permanent or temporary not less than one hundred and eighty (180) days prior to the commencement of the period of reduced responsibility.

14:39 The Dean shall consider the application with the Head in the light of the operational needs of the AAU and the Dean shall forward the application with their recommendation to the Provost. A copy of the application shall be sent to the President of the Faculty Association. The Provost shall inform the member in writing of the final decision concerning the member’s application for reduced responsibility within sixty (60) days of the submission of the member's application.

14:40 (a) Reduced responsibility shall normally constitute a proportional reduction in each of the components of the faculty or librarian member's normal workload for the three (3) previous years, except where the member and the University agree to a variation. It may constitute a reduction throughout the academic year or a release from all workload for a portion of the academic year or any combination thereof. It shall normally not involve a reduction of more than four fifths (4/5) of normal workload or a release from all workload for more than four fifths (4/5) of the academic year.

(b) (i) Where the reduction is temporary it shall continue for a specific period of time and shall normally begin on any July 1 or January 1 and end on any June 30 or December 31. On giving notice of 180 days, a member may apply to amend the terms of the member's temporary reduction, in accordance with the application procedure in Article 14:38 and 14:39 of this agreement.

(ii) Where the reduction is temporary, a member has the right to resume the member’s normal workload, prior to the end of an agreed period of time of reduced responsibility. Any such resumption of normal overall workload shall normally be effective on a July 1 or a January 1 and the notice shall be delivered to the Provost at least 180 days prior to the date on which it is intended to be effective.

(c) Where the reduction is permanent the member may elect to either return to full-time status or to apply to amend the terms of the member's permanent reduction, provided that the election or application is made prior to January 15 of the teaching year during which the return to full time status or the amended terms would take effect. The amended terms of the member's permanent reduction will be made in accordance with the application procedure in Article 14:38 and 14:39 of this agreement.

14:41 The terms of reduced responsibility are subject to agreement between the member and the University and shall be set out in writing signed by the member and the Provost, with a copy to the President of the Faculty Association. No faculty or librarian member shall be required to accept reduced responsibility, but once a period of reduced responsibility has been approved a member shall have thirty (30) days from the date of receipt of written approval to either accept or reject the terms of reduced responsibility.

14:42 The member's actual workload with reduced responsibility shall be calculated as a percentage of the member's normal overall workload and such percentage constitutes the member's actual responsibility factor.

14:43 Except where otherwise provided, reduced responsibility does not affect a member's status as a member having a regular appointment with tenure or permanence; nor does it affect the member’s membership in the bargaining unit. It is agreed and understood, however, that the requirement of the number of courses taught for purposes of bargaining unit membership as set out in the original certificate of certification of the bargaining unit (December 6, 1977) shall not be affected by the precedent or existence of any reduced responsibility agreement in respect of the number of courses taught by a member on reduced responsibility.

14:44 Each member shall have a Nominal Salary as defined in Article 1. Said Nominal Salary shall be that which would be in effect if the member were continuing on full-time status.

14:45 Each member on reduced-time status shall receive an actual salary prorated from the Nominal Salary proportionate to the member's actual responsibility factor.

14:46 For members on reduced-time status the calculation of years of qualifying service for sabbatical leave and for seniority in respect of lay-off during the period of reduced responsibility shall be the said period multiplied by the member's actual responsibility factor.

14:47 A member on reduced time status shall be entitled to one month's vacation during the contract year and the member’s vacation salary shall be at the monthly rate of the average salary paid during the non-vacation period of the said contract year, and the member shall be eligible for travel support and eligible for free tuition in accordance with the provisions of Article G as if the member had continued on full-time status.

14:48 A member on a reduced-time status shall be entitled to all facilities and support services as specified in Articles 8 and 44.

14:49 Except as provided for in clause 14:50 below a member with reduced responsibility shall continue to participate in all of the University's fringe benefit Plans (including the University Retirement Plan) for members from time to time in force if and so long as such plans permit. Where such plans permit, the member shall have the option of participating on the basis of the member’s Nominal Salary or the member’s actual salary. If the member elects to participate on the basis of the member’s Nominal Salary, the member shall pay the difference in cost to the University between coverage based on the member’s Nominal Salary and coverage based on the member’s actual salary, in addition to the member’s own normal contribution, if any. Exceptions shall be on an individual basis.

14:50 A member who is within five (5) years of normal retirement and who is on reduced responsibility shall continue to participate in all of the University's fringe benefit Plans (including the University Retirement Plan) for members from time to time in force if and so long as such plans permit. Where such plans permit, the member shall have the option of participating on the basis of the member’s Nominal Salary or the member’s actual salary. If the member elects to participate on the basis of the member’s Nominal Salary the University's contribution shall be based on the member’s Nominal Salary.

14:51 The Association has the right to represent a member who has applied for reduced responsibility in all discussions concerning the terms of any agreement or arrangement.

Voluntary Contract Termination

14:52 The parties recognize that certain individuals may wish to terminate their employment with the University prior to the time of normal retirement. One method of accommodating such a termination of employment may involve voluntary contract termination. It is agreed that termination of employment shall be effected in a collegial and non-discriminatory manner and both parties recognize that such termination shall always be voluntary on the part of the member. It is agreed that the provisions on voluntary contract termination shall not apply if the member has accepted an equivalent or superior position elsewhere. The Association has the right to represent a member who has applied for voluntary contract termination in all discussions concerning the terms of any agreement or arrangement.

14:53 A member holding a regular appointment with tenure/permanence may apply to the member’s Dean for voluntary contract termination. The member shall discuss the application with the Head prior to making same and shall normally make written application not less than one hundred and eighty (180) days prior to the commencement of termination.

14:54 The Dean shall consider the application with the Head in the light of the operational needs of the AAU and the Dean shall forward the application with their recommendation to the Provost. A copy of the application shall be sent to the President of the Faculty Association. The Provost shall inform the member in writing of the final decision concerning the member’s application for voluntary contract termination within sixty (60) days of the submission of the member's application.

14:55 Voluntary contract termination shall be understood to involve a voluntary separation from the employ of the University upon payment of a consideration by the University either as a lump sum or as per a mutually agreed instalment schedule.

14:56 Should payment be made on an instalment schedule, such payment shall be subject to all deductions which the University is required to make by law.

14:57 In the event that the member should die prior to the completion of the payment schedule, the balance of the instalments shall be paid to the Estate of the deceased member on the same terms and conditions as originally set out, unless the parties mutually agree to a revised instalment schedule.

14:58 The severance allowance paid to a member under this Article will vary from case to case. The severance allowance paid shall be calculated on the basis of the member's Normal Salary for the member's final year of employment. No member shall be paid less than six (6) months of salary if the member initiated voluntary contract termination or twelve (12) months of salary if the University initiated voluntary contract termination. Years of service and accumulated years of sabbatical entitlement shall be taken into account in the determination of the severance allowance.

14:59 The disposition of the member's and the University's contribution to pension shall be at the discretion of the member, subject to the provisions of the University Retirement Plan, the Income Tax Act, and all Provincial and Federal regulations governing pension plans.

14:60 Copies of the signed Release Form, Schedule of Instalment Payments, and the Resignation Form relating to voluntary contract termination, as set forth in Letter of Understanding III - Voluntary Contract Termination, shall be forwarded to the President of the Faculty Association as soon as reasonably possible upon agreement by the parties to the terms of the voluntary contract termination.

Early Partial Retirement (E.P.R.)

14:61 Early Partial Retirement (E.P.R.) is a permanent reduction in workload of a faculty or librarian member as specified in clause 14:65 and agreed upon between the University and the member. It does not include Reduced Responsibility.

14:62 A faculty or librarian member having a regular appointment with tenure or permanence (having ten (10) years of service and aged fifty-five (55) or over) may apply to the Dean for E.P.R. The member shall discuss the application with the Head prior to making same and shall normally make written application not less than one hundred and eighty (180) days prior to the proposed commencement of E.P.R.

14:63 The Dean or University Librarian shall consider the application with the Head in the light of the operational needs of the AAU and the Dean or University Librarian shall forward the application with their recommendation to the Provost. A copy of the application shall be sent to the President of the Faculty Association. The Provost shall inform the member in writing of the final decision concerning the member’s application for E.P.R. within sixty (60) days of the submission of the member's application.

14:64 The workload of members on E.P.R. shall be composed primarily of teaching/appropriate library duties. On this basis, a normal teaching load and associated committee work in two (2) semesters with the third (3rd) semester free of University responsibilities shall satisfy the workload requirements. Where appropriate, some adjustments of teaching duties to allow for ongoing research activity may be made on an individual basis.

14:65 The terms of E.P.R. are subject to agreement between the member and the University and shall be set out in writing signed by the member and the Provost, with a copy to the President of the Faculty Association. No member shall be forced to accept E.P.R., but once E.P.R. has been approved a member shall have thirty (30) days from the date of receipt of written approval to either accept or reject the terms of E.P.R.

14:66 Except where otherwise provided, E.P.R. does not affect a member's status as a full-time regular faculty or librarian member with tenure or permanence; nor does it affect the member’s membership in the bargaining unit.

14:67 Each member on E.P.R. shall receive the equivalent of sixty-six and two-thirds percent (66-2/3%) of the member’s Nominal Salary as defined in Article 1. Such payment shall include Employment Standards Act (E.S.A.) vacation entitlement.

14:68 For members on E.P.R. the calculation of years of qualifying service for sabbatical leave and for seniority in respect of lay-off during the E.P.R. period shall be the said period multiplied by two-thirds (2/3).

14:69 The member shall be eligible for travel support and eligible for free tuition in accordance with the provisions of Article G as if the member had regular full-time faculty or librarian member status.

14:70 A member on E.P.R. status shall be entitled to all facilities and support services as specified in Articles 8 and 44.

14:71 A member on E.P.R. shall continue to participate in all of the University's fringe benefit plans (including the University Retirement Plan) for members from time to time in force if and so long as such plans permit. Where such plans permit, the member shall have the option of participating on the basis of the member’s Nominal Salary or the member’s actual salary. If the member elects to participate on the basis of the member’s Nominal Salary the University's contribution shall be based on the member’s Nominal Salary. These provisions regarding E.P.R. are subject to necessary amendments being made to the Retirement Plan and being approved by Canada Revenue Agency and the Pension Commission of Ontario.

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