Collective Agreement 2002-2005

ARTICLE 30: POSITIVE ACTION TO IMPROVE THE STATUS OF WOMEN

1. The Parties to this agreement are committed to the objective of equal opportunities for women in the University community and, recognizing the systemic discrimination to which women have been subjected in the past, the Parties are specially committed to improving the status of women in the University to achieve such equality.
2. A Review Committee on the status of women shall be established, consisting of: one (1) member appointed by the BUFA Executive; one (1) member of the Board of Governors; one (1) administration representative; one (1) academic member from each Faculty; and one (1) member from the Library/Student Services. Review Committee members must be committed to establishing equity for all members of the University.
3. Factors which differentiate on the grounds of sex may not be used to justify any salary differential. Within the framework of the University's salary policy based on rank, experience, merit and market factors as reflected in Articles 7, 8, 27, 30 of this agreement, members of the academic staff are entitled to equal pay for work of equal value without regard to sex. If, through the grievance procedure, the employer is found to be in violation of this Clause, the salary of the lower paid employee(s) shall be increased to the salary of the higher paid employee(s).
4. The following Articles of this Agreement, in particular, form part of this commitment to the objectives of equal opportunities for women and men and are to be interpreted accordingly:

1. non-discrimination, with particular reference to the grounds of sex and family status: Article 4;
2. sexual harassment: Article 31;
3. maternity and adoption leave: Article 20; and
4. conditions of part-time, sessional and term appointments, Articles 7 and 10.

5. Each Faculty/Unit will be responsible for establishing reasonable goals for the hiring of women where there are serious imbalances in the composition by sex of the membership of the Faculty/Unit. These goals shall be set by December 31, 1988.
6. Subject to goals being achieved and prior to making any initial term, continuing, probationary or tenure appointments, the Employer shall make a positive attempt in good faith to recruit women candidates. In addition to the citations in Article 7, Appointments, this shall include:

1. contact with the persons Chairing relevant University Departments in Canada requesting the names of possible candidates and specifically asking them to suggest names of men and women candidates;
2. contact asking for suggestions from organizations within the profession or discipline which specifically represent the interests of Women in the profession or discipline; the names of these organizations shall be provided by the Union to the Employer;
3. contact requesting nominations from all women members of academic staff in the academic unit and related disciplines within the university.

7. Evaluation of candidates shall be based on objective job-related criteria. The candidate who is clearly best shall be recommended, but where no male candidate is clearly better, then the best female candidate shall be recommended until the academic unit has met the employment goals established under (e) above.
   In the evaluation of candidates for appointment, applicants shall not be disadvantaged by reason of career interruptions caused by family responsibilities.
8. Upon approving a recommendation, the Dean/Director shall certify in writing to the Review Committee that the Faculty/Unit or its appointments Committee fairly reviewed the applications of all candidates, that the best candidate was chosen, or that, in the circumstance where no male candidate was clearly better than the best female candidate, the best female candidate was chosen when the Faculty/Unit had not met its employment goals. Where these criteria have not been met, the Dean/Director shall reject the recommendation from the selection Committee.
9. Any alleged violation of the provisions of this Article or any decision of the Dean/Director to reject a recommendation for appointment under this Article, may be grieved by any member of the Faculty/Unit concerned or by any member of the review Committee who is a member of the bargaining unit. Any such grievance is subject to the grievance and arbitration procedures under Article 6. Nothing in this Clause affects the right of the Union to grieve such matters.
10. Where a grievance relating to a recommendation for appointment under this Article is submitted to arbitration, the arbitrator shall decide the merits of the recommendation for appointment, and not merely whether proper procedures have been followed. The arbitrator shall ascertain whether or not the criteria were met and whether or not the best candidate was recommended. The arbitrator shall admit expert testimony from persons in the profession or discipline with respect to issues relating to the qualifications of candidates. The arbitrator may provide an appropriate remedy, including an order that the recommended candidate be appointed or an order that the Faculty/Unit make a new recommendation.
11. Where any person or body, including the Board of Governors, exercises any discretion to reject a recommendation for appointment approved by a Dean/Director, such discretion shall be exercised in accordance with the letter and spirit of this Article. Any such rejection of a recommendation for appointment may be grieved mutatis mutandis as if it were a rejection of a recommendation by a Dean/Director under (i) (above).
12. The Review Committee shall review actions taken to improve the status of women in the university community and, in particular, the development and implementation of the hiring goals required for academic faculties/units. It is also responsible for ongoing reviews to ensure that there is no discrimination based on sex in salaries, the process of securing tenure, promotion, the granting of sabbaticals or research grants. The Review Committee shall conduct a major review of such matters within one (1) year of April 1, 1988 and a similar retrospective review of five-year intervals thereafter. The Review Committee shall report at least annually to the Parties to this agreement. The Review Committee shall include an assessment of the progress being made towards the objectives of this Article. The Review Committee may assist academic Faculties/Units in establishing outreach programs to ensure equal access of women and men to all university programs.
13. The Employer and BUFA shall provide the Review Committee with adequate resources to fulfill the requirements of this Article. In particular, the Employer and BUFA will provide access to legal counsel independent of the University's solicitor in any case involving any possible conflict of interest. In addition, up to three (3) credit hours of funding, at sessional rates, shall be provided to the Status of Women Review Committee to be used for the purpose of fulfilling the research requirements of the assessment responsibilities outlined in this Article (for example; workload release, salary for casual employees or to purchase relevant data). Costs will be shared equally between the Parties.

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