14.1

Retrenchment occurs when a reduction in members' salary costs is necessary for financial reasons.

14.2

The President shall notify the Union in writing when he/she contends that, rigorous economies in all other segments of the budget having been exercised and all other practical means of alleviating the difficulty having been undertaken, financial constraints require a reduction in members' salary costs. He/she shall specify the amount of the reduction required and shall accompany the notice with all the budgetary information used in arriving at the retrenchment decision.

14.3

Within two (2) weeks of such notice, the Union may challenge the contention that retrenchment is necessary, in which case the issue shall be submitted to a three-member Commission which shall advise the Board of Governors whether, and to what extent, the Commission considers retrenchment necessary. The Union shall name its appointee to the Commission in its challenge, the Employer shall name its appointee within three (3) days of that date, and the two (2) appointees shall name a mutually acceptable Chairperson within one (1) week of the Employer's appointment. If the appointees cannot agree upon a Chairperson, the Employer shall ask the Provincial Auditor to name one. The Commission shall report to the Board within four (4) weeks of the selection of the Chairperson.

14.4

If retrenchment is necessary, there shall be negotiations between the Employer and the Union on methods of effecting it. These negotiations shall take into consideration the programme and curriculum needs of the Employer. Unless agreement is reached on other methods within twenty-one (21) days, Clauses 5 to 8 of this Article shall apply.

14.5

If the financial exigency is in funding for the Projects, lay-offs will be restricted to the Project so affected. If the financial exigency occurs due to cutbacks in general University funding, lay-offs will be restricted to members supported by such funding.

14.6

Members shall be laid off (in reverse order of seniority) in the order:

1. those on Term Appointments,
2. those on probation,
3. those on Tenured and non-probationary Continuing Appointments.

14.7

Members who are laid off shall receive a minimum of six (6) months written notice (or pay in lieu of notice) and severance allowance as determined below:

1. members on probation shall receive six (6) months salary;
2. members on Tenured and non-probationary Continuing Appointments shall receive twelve (12) months salary.

14.8

Members who have been laid off shall have their files maintained and shall be given the right of first refusal (in reverse order of lay-off) for a period of four (4) years to the appointment to any vacancy which may occur in their former Department and for which they are qualified, and shall be notified and encouraged to apply for any other vacancy which may occur in the University and for which they are qualified. It is the responsibility of the member to keep the University informed, via registered mail, of his/her whereabouts and to notify the Employer when he/she no longer wishes to be informed of vacancies.