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Collective Agreement 2002-2005

ARTICLE 15: RETRENCHMENT OF MEMBERS EMPLOYED IN THE SPECIAL PROJECTS

15.1

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

15.2

The President shall notify the Union in writing when he/she contends that all practical means of eliminating the need for retrenchment having been taken, 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 a report explaining the need for the retrenchment. The Union may examine the relevant documentation.

15.3

Within one (1) week of such notice, the Union may challenge the contention that retrenchment is necessary, in which case it will appoint two (2) members to a Joint Retrenchment Committee (J.R.C.). Within three (3) days of the Union appointment, the President shall appoint two (2) members to the J.R.C. The Committee will discuss whether retrenchment is necessary and, if so, how it should be implemented. It will report back to its principals within three (3) weeks of its constitution.

15.4

Should the J.R.C. fail to come to agreement on the extent and method of the retrenchment, then the Employer shall determine which members shall be laid off, taking into account firstly, programme needs and secondly, seniority. Seniority shall be applied to members in reverse order in each of the following categories of appointment:

  1. first, to those on term appointments,
  2. second, to those on probation, and
  3. finally, to those on tenured and non-probationary continuing appointments.

15.5

  1. Members on term or probationary appointments who are laid off, shall receive a minimum of six (6) months notice,
  2. Members on tenured or non-probationary continuing appointments who are laid off, will receive twelve (12) months notice.

15.6

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.


 

For problems or questions regarding this web contact Gerald Neufeld, Retired, Faculty of Education
Last updated: June 11, 2008.