7.1 Procedures

1. A Selection Committee, composed of members chosen according to procedures approved by the appropriate Faculty or Unit and Chaired by the Dean/Director (or, in the event of a conflict of interest or extended absence only, a designate, who shall be another member of the Faculty/School) shall evaluate applications for all non-sessional appointments. The Committee will ensure that the search is conducted in a manner consistent with the letter and spirit of Article 30 of this Collective Agreement. The Committee will make a recommendation to the Dean/Director, who may only offer an appointment to an individual so approved. If the Dean/Director does not accept the Committee's recommendation, he or she will provide the Committee with reasons and the process will be repeated. An offer of appointment shall be made by the Dean/Director to the recommended candidate, subject to the final approval of the President.
2. Each candidate interviewed shall, at the time of the interview, be provided a copy of this Collective Agreement and the opportunity to meet with a member of the BUFA executive. The Dean/Director shall provide BUFA a copy of the curriculum vitae of the approved candidate once the contract has been signed.
3.  The Dean/Director will advise the Department, in writing, when a position is to be filled and shall indicate the type and duration of appointment that the Employer is committed to make. This advice on the type and duration of appointment will take into account the recommendation of the Department. The composition and working procedures of the Selection Committee shall be determined by the Faculty concerned. The Committee shall review all applications and shall recommend to the Dean/Director the initial rank and salary of the appointee, basing its recommendation on the qualifications by rank of Article 8 and Appendix F.
4. Notice of openings shall be sent to the Union and posted in prominent places throughout the University. Openings for full-time and part-time positions shall be advertised, if practicable, in the CAUT Bulletin, University Affairs, and other relevant publications. Copies of the Advertisements shall also be sent to the Status of Women Review Committee.
5. Appointments of all members shall be made in compliance with the items in Appendix A. Copies of signed contracts will be forwarded to the Union.

7.2 Full and Part-time Appointments

1. All members shall be appointed to one of the following ranks: Lecturer, Assistant Professor, Associate Professor, Professor, Professional Associate I, II, III, or IV, Instructional Associate I, II, or III, Administrative Associate I or II.
2. Full-time appointments are those wherein a member carries a normal workload as defined in Article 9.
3. Part-time appointments are those wherein a member has less than a normal workload as defined in Article 9 and the member's duties are not such as to classify the appointment as a sessional appointment. No one with a standard teaching workload of more than twelve (12) credit hours in one academic year shall have a part-time appointment. Full-time equivalence for part-time appointments shall be calculated based on the teaching workload as specified in Article 9.4.1 (a). Any increase in teaching workload shall result in a recalculation of the full-time equivalence and shall result in a recalculation of the full-time equivalence for the entire academic year, unless the reason for the increase is due to an unforeseeable circumstance. In that case, the recalculated appointment shall commence on the date the additional workload begins and shall continue until the end of the academic year. This Article shall not apply to tenured members who have been granted amended reduced or part-time appointments under Article 7.15.
4. Successive term appointments shall be considered as continuous appointments for the purpose of determining rank and step in rank.
5. Members may apply to change their Full-time Regular or Full-time Teaching appointment to a part-time appointment subject to the eligibility restrictions of Article 7.15. Article 7.15 shall apply to such applications. No member shall be compelled or otherwise coerced to apply for or accept a part-time appointment.

7.3 Term Appointments

A Term Appointment is a temporary appointment, which stipulates a terminal date in the letter of appointment, and implies no obligation or expectation for extension or renewal. Specified positions for term appointments shall be for a maximum duration of three (3) years except as specified in this Article. Members who have held specific term appointments for the maximum period of three (3) years are eligible, however, to apply for other term appointments or for re-appointment provided the maximum duration for which the particular position can be filled on a term basis is not exceeded.

Term Appointments shall be offered only to meet the following special needs:

In the instance of an opening for a position currently held by a member on a term appointment, the President, upon recommendation of the appropriate Dean/Director and Department, may offer the position to the incumbent, negating the process outlined in Article7.1(d).

Except where it has been determined by the Senate or the Board of Governors of Brandon University, in accordance with the Brandon University Act, that a Department will be eliminated, term appointments shall not form the majority of appointments in a Department. Further, term appointments, other than administrative or leave replacements, shall not exceed 25% of faculty positions, excluding the Special Projects.

7.4 Probationary Appointments

1. A Probationary Appointment stipulates a terminal date in the letter of appointment but is tenurable under the provisions listed under this Article, and the conditions of Article 13 (Tenure).
2. Initial probationary appointments shall be for a duration of three (3) to five (5) years. A probationary appointment that follows a term appointment (as per Article 7.3) shall be for a maximum duration of three (3) years. The probationary period may be extended for one (1) additional year following application for tenure under the provisions of Article 13.7.
3. In exceptional circumstances (arising, for example, from maternity, illness, special leave, etc.), the probationary period may be extended, prior to application for tenure, by mutual written agreement of the member and the Dean. Members whose probationary period is so extended shall not forfeit the possibility of the one-year extension referred to in 7.4(b) above.
4. Members holding probationary appointments at a tenurable rank may apply for tenure during any year of their probationary appointment, but no later than the final year of the probationary period.
5. The employment of members, whose tenure application was submitted in the final year of their probationary appointment and who are not granted tenure or an extension under Article 13.7 or Article 13.12, shall terminate at the end of the academic year in which the final decision is reached.
6. The employment of members, whose tenure application was submitted prior to the final year of their probationary appointment and who are not granted tenure or an extension under Article 13.7 or Article 13.12 shall terminate at the end of the academic year following that in which the final decision is reached. 
7. Members who apply for tenure prior to the final year of their probationary appointment and who are granted an opportunity to reapply under Article 13.7 or Article 13.12 are only eligible to reapply in the next academic year, and if not granted tenure under Article 13.7 or Article 13.12 their appointment shall terminate at the end of that academic year.

7.5

A member with a probationary appointment appointed at Lecturer or Professional Associate I rank will serve up to five (5) years probation. If after five (5) years probation, he/she has not been promoted, his/her employment terminates.

7.6

A member with a probationary contract, promoted from a non-tenurable to a tenurable rank shall be considered for tenure in the second year's service in the tenurable rank. The total probationary period in both ranks may be extended by the provisions of Article13 (Tenure), to a maximum of seven (7) years. That is, a member promoted after five (5) year's service in a non-tenurable rank and considered for tenure in the seventh (7th) year of service may not be granted a one-year extension of the probationary period.

7.7 Continuing Appointments

A Continuing Appointment may be offered only to Instructional and Administrative Associates. During the first two (2) years of a Continuing Appointment as an Instructional Associate or Administrative Associate, the member is on probation. By the twenty-fourth (24th) month, the Department shall review the member using just and equitable procedures and shall recommend to the Dean/Director whether the appointment should continue. If a decision to terminate the appointment is made after the twenty-first (21st) month, there shall be three (3) months notice or pay in lieu of notice. (cf. 7.8)

7.8

A member appointed to a Continuing Appointment as an Instructional Associate, or Administrative Associate, shall serve twenty-four (24) months probation. This probationary period shall include service under term contracts, if applicable.

7.9 Tenured Appointments

A Tenured Appointment may be offered to members on Probationary Appointments in accordance with the provisions of Article 13 and which, if offered as a first appointment, will normally only be offered to individuals appointed at a rank of Associate Professor, Professor, Professional Associate III, or Professional Associate IV. A Selection Committee, in recommending a Tenured Appointment as a first appointment, shall base its recommendation on the criteria for tenure outlined in Article 13.

7.10

If a member whose Tenured Appointment was discontinued as a result of retrenchment or redundancy is subsequently given an appointment in a similar discipline within the University, his/her appointment shall be a Tenured Appointment.

7.11

If a member, having voluntarily terminated his/her Tenured Appointment, subsequently receives a tenurable appointment with the University in a similar discipline, the new appointment shall be tenured, provided that he/she has been working in his/her profession in the interim.

7.12

When members holding a tenured or probationary appointment in three-member Departments vacate their positions permanently, they shall be replaced and their replacement shall be offered a tenured or probationary appointment, except as provided for by Article 7.3 (i.e., search procedures fail to identify a qualified applicant).

7.13 Leave Replacements

All full-time appointments made to replace members on sabbatical leave or special leave declared to be for the same purpose as sabbatical leave shall be for the duration of the leave. Workload expectations for the replacement position shall be decided in advance of advertising the position and shall be included in the position description. Expectations with respect to teaching workload shall be decided according to the procedures outlined in Article 9.3. An additional factor that may be taken into account in deciding teaching workload is the type of appointment held by the member on leave. The standard teaching workload of a sabbatical/special leave replacement normally shall be eighteen (18) credit hours. In no event shall a leave replacement teach more than twenty-four (24) credit hours in one (1) academic year or twelve (12) credit hours in any given academic term.

7.14 Joint Appointments

A Joint Appointment is one in which a member is responsible to more than one (1) Department. Contracts for members with Joint Appointments shall specify the Departments concerned. All evaluations, recommendations, and decisions concerning a member's career shall take into account the Joint Appointment.

7.15 Amended Appointments

All members on Amended Appointments as of April 01, 2002 shall have the option of having Article 7 of the 1 April 1998-31 March 2002 Collective Agreement apply in their case.

Tenured Members on a regular full-time appointment may apply for the following types of amended appointment: Reduced Regular Appointment, Reduced Teaching Appointment, Full-time Teaching Appointment, Full-time Research Appointment subject to the eligibility restrictions below:

1. Eligibility - Tenured members shall be eligible to apply for an amended appointment if they have completed at least three (3) years of full-time service (including approved leaves) with the University immediately preceding the commencement of the proposed amended appointment.
2. Reduced Regular Appointment - the duties of such members involve the same elements as those of members on regular appointment but are carried out on a less than full-time basis. For example, academic members would be expected to be involved in Teaching, Scholarship/Research and Service to the University and to the Community, but for only part of the year.
3. Reduced Teaching Appointment - the duties of such members shall involve only Teaching and Service to the University and to the Community and are carried out on a less than full-time basis. The standard teaching workload of such members shall be pro-rated based on a full-time teaching workload of twenty-four (24) credit hours per academic year. For example, a reduced teaching appointment for nine (9) months would involve teaching eighteen (18) credit hours.
4. Full-time Teaching Appointment - the duties of such members shall involve only Teaching and Service to the University and Community. The standard teaching workload of such members shall be twenty-four (24) credit hours.
5. Full-time Research Appointment - the standard teaching load of such members shall fall within the range of nine (9) to fifteen (15) credit hours with a proportionately greater emphasis on research/scholarly activities. Such members are also responsible for Service to the University and to the Community. The term of a full-time research appointment shall be for no more than three (3) years (excluding approved leaves), although there is no limit on the number of terms to which a member may be reappointed.
6. The maximum reduction from full-time service to any reduced amended appointment shall be fifty percent (50%).
7. Members who are eligible for an amended appointment must make application at least six (6) months prior to the requested commencement date of the amended appointment.
8. An application for an amended appointment shall be submitted, through the Department, to the Dean/Director. The application shall be accompanied by a recommendation from the applicant's Department. The accompanying recommendation shall specify the manner in which the appointment is to be amended and the duties to be performed by the member while on the amended appointment. It shall also take into account academic and financial requirements of the Department/Faculty/School and the assessment of the overall needs of the University. With the exception of full-time teaching appointments, the recommendation of the department shall include a review of the effect of the loss of credit hours of instruction to the department and the Faculty/School and the specific measures required to address the loss of credit hours of instruction.
9. After consulting with the faculty member, the Dean/Director shall forward the application, the Department's recommendation and his/her recommendation regarding the amended appointment to the President. With the exception of full-time amended teaching appointments, the Dean's/Director's recommendation shall include a review of the effect of the loss of credit hours of instruction to the Department and the Faculty/School and the specific measures required to address the effect of the loss of credit hours of instruction. The President shall base his/her decision on the criteria referenced in Article 7.15 (h) and (i). In the case of amended research appointments, the merit of the application, and, where the applicant has held prior amended research appointments, the record of research accomplishment during the term of the most recent amended research appointment shall also be considered. Normally, the final decision regarding the granting of an amended appointment will be made at least four (4) months prior to the commencement of the amended appointment. With the approval of an amended appointment, the University shall implement measures required to address the effect of the loss of credit hours of instruction as determined by the President.
10. Written reasons for negative decisions shall be given to the applicant. These reasons must be substantive and clearly related to the criteria, and be sufficiently specific to allow the applicant to know the basis for the decision.
11. Members whose application for an amended appointment is rejected shall have recourse to an appeals procedure. Notice of an appeal must be submitted to the President no later than one (1) month after the member is notified of the decision. Within one (1) week of receiving notice of appeal, an Appeals Committee shall be struck. The Committee shall consist of: one member appointed by BUFA, one member chosen by the President, and a Chair chosen by the two (2) appointed members. The Appeals Committee shall establish its own procedures. The decision of the Appeals Committee is binding, and shall be implemented by the President. Normally, the Appeals Committee will render its decision within two (2) months of being struck.
12. Members whose application for an amended appointment is approved shall have a "Base Salary Rate" computed as if the member were continuing on full-time status. All relevant salary adjustments shall be applied to the Base Salary Rate. The "Actual Salary" to be paid to the member shall be pro-rated from the Base Salary Rate in direct relation to the approved change in duties for the amended appointment. The "Actual Salary" for Full-Time Amended Appointments would be one hundred percent (100%) of the Base Salary Rate.
13. Members whose application for an amended appointment is approved, shall continue to participate in the University benefit plans. Except as provided below, both the member's contributions and the Employer's contributions shall be based on the Base Salary Rate.
14. The contributions and coverage under the Long-Term Disability Plan shall be based on the member's Actual Salary.
15. For the purposes of computing credited service for the formula pension, a member on an amended appointment, who is continuing contributions to the University Pension Plan based on the Base Salary, shall receive credit as if employed on a full-time basis.
16. Members maintaining contributions to the Long-Term Disability Plan shall be covered under the University's Long-Term Disability salary continuation plan. Disability payments under the plan shall be on the basis of Actual Salary.
17. Members whose application for a reduced amended appointment is approved shall have their vacation entitlement pro-rated on the basis of the percentage for the Actual Salary Rate.
18. Members whose application for an amended appointment is approved shall continue their original appointment status and shall be eligible for promotion, leaves, and other provisions of this Collective Agreement. Members on full-time teaching appointments are not eligible for promotion on the basis of these duties until twenty-four (24) months have elapsed since their amended appointment took effect; any application for promotion prior to that time shall be assessed on the basis of their previous appointment.
19. Eligibility for promotion, leaves, and other provisions of this Collective Agreement shall be determined on the basis of calendar years of service as if the member were working full-time. Payments to a member on sabbatical leave shall be calculated on the basis of the number of full-time years plus the number of part-time years and paid at the regular percentage of full-time salary. (Example: a member who had, in the previous six (6) years, worked four (4) years at full-time and two (2) years at fifty percent (50%) would be entitled to (4X80) + (2X40)/6 X 100% = 67% full salary).
20. Members whose application for an amended appointment is approved shall receive a letter of Amended Appointment from the President which shall state:
          i) the member's current Base Salary Rate;
         ii) the percentage change for Actual Salary calculations;
        iii) the member's current Actual Salary on the effective date of the amended appointment;
        iv) the effective date of the amended appointment;
         v) the revised duties of the member; and
        vi) any other related conditions.
21. No amended appointment shall take effect until and unless the appointee indicates in writing to the Dean/Director acceptance of the amended appointment and all of its terms and conditions as specified in the letter of Amended Appointment.
22. Members whose application for amended appointment is approved may return to their previous appointment within the first twenty-four (24) months following the effective starting date of that amended appointment, provided that the member gives six (6) months notice in writing to the Department and to the Dean/Director of his/her intention to do so. Following this twenty-four (24) month period, a member on an amended appointment (excluding full-time research appointments) shall not be required to return to his/her previous appointment or change the percentage reduction in duties unless as recommended by the Department and approved by the Dean/Director, and the member is given six (6) months notice in writing.
23. Members whose amended appointment is approved for externally funded research purposes, may return to full-time duties provided that the member gives notice of either twelve (12) months or a time equivalent to the duration of the replacement appointment, whichever is less, of his/her intention to do so to the Department and to the Dean/Director.

7.16 Sessional Appointments

There are two types of sessional appointments.

(a) An internal sessional appointment offered to a full-time or part-time member for an additional workload. No member shall be assigned more than twelve (12) credit hours in addition to their standard assigned load in one (1) academic year.

(b) An external sessional appointment wherein a person:

1. i) is hired to teach one (1) or more specific courses only and is not required to engage in other non-teaching activities that form part of the workload of full-time and part-time members. For example, appointments to teach specific courses under the auspices of Campus Manitoba will normally be sessional appointments. The total number of credit hours for this category of appointment shall not exceed nine (9) credit hours in one (1) academic term or twelve (12) credit hours in one (1) academic year. Externally appointed sessional members whose workload exceeds nine (9) credit hours in one (1) academic term or twelve (12) credit hours in one (1) academic year shall be given term contracts for the entire applicable academic term or academic year, unless the reason for the workload exceeding nine (9) or twelve (12) credit hours is due to an unforeseeable circumstance. In that case, the full-time term contract shall commence on the date the additional workload begins and shall continue to the end of the applicable academic term or year, or
2. who is employed by a post-secondary educational institution other than Brandon University, is seconded to teach one (1) or more specific courses for Brandon University. No such individual appointment shall exceed six (6) credit hours in one (1) academic year. The total number of credit hours for this category of appointment shall not exceed thirty-six (36) credit hours in an academic year. With agreement of BUFA, this total may be increased to, but in no circumstances shall exceed, a maximum of seventy-two (72) credit hours.

7.17

If there are no qualified internal candidates, the Employer may offer a sessional appointment to a qualified external candidate following generally the provisions of Article 7.1. The composition and working procedures of the Selection Committee for a sessional appointment shall be determined by the Faculty/School concerned.

7.18

Sessional appointments may be made by the Dean/Director only upon the recommendation of the Department for which the courses are being taught. Sessional contracts offered under the auspices of Campus Manitoba shall be made by the appropriate Dean/Director and countersigned by the Vice-President (Academic & Research).

The Curriculum Vitae of all persons being considered for an external sessional appointment [as per Articles 7.16(b)(i) and (ii)] shall be reviewed by the relevant Department to determine whether or not the person is suitable to teach the specific course or courses in question. The Department shall then make its recommendation to the Dean/Director. The Dean/Director shall not make any sessional appointment to a person not recommended by the Department.

7.19 Visiting Appointments

A visiting appointment may be offered to faculty appointees who are retired, self-employed, or who have full-time positions with another employer to which they can return.

7.20 Rank

1. No one with a Doctorate in the specialty shall be appointed to a rank lower than Assistant Professor or Professional Associate II. The application of this Clause does not extend to appointments made to Instructional or Administrative Associate positions.
   If the Doctorate in the specialty is received (confirmed by a letter from the Dean of Graduate Studies) while the member holds the rank of Lecturer (PA I), then the rank will be changed by issuance of a new appointment contract at the beginning of the following pay period to Assistant Professor (PA II).
2. No position which requires a Master's degree or equivalent shall be designated an instructional associate position.
3. Anyone with a Master's degree appropriate to the teaching area who is hired for an instructional associate position shall normally be appointed to the Instructional Associate III level.
4. Members on term contracts re-appointed in accordance with Article 7.3 cannot have their ranks changed as part of the terms of their re-appointments. To obtain promotion, they must go through the promotion procedures.

7.21

Members re-appointed in accordance with Article 7.15 and/or Article 7.22 cannot have their rank or salary changed as a part of the terms of their reappointment.

7.22 Canada Research Chairs

1. The standard teaching load of such members shall fall into the range of three (3) to six (6) credit hours with a proportionately greater emphasis on research/scholarly activities. Such members are also responsible for Service to the University and to the Community.
2. Applicants for a Canada Research Chair appointment shall be recruited and hired into (or if a member, granted) a Full-Time Canada Research Chair Appointment. Procedures for selecting positions under the Canadian Research Chairs program will include the following: 

1. The Vice-President (Academic & Research) will advise the Senate Research Committee, in writing, when a Canadian Research Chair appointment is to be filled and shall indicate the type and duration of the appointment that the Employer is committed to make. The Senate Research Committee, subject to the conditions below, shall determine the composition and working procedures of the Selection Committee.
2. A Selection Committee composed of members chosen according to procedures approved by the Senate Research Committee and Chaired by the President, or designate, shall evaluate applications. Academic members shall form at least seventy-five percent (75%) of the members of the Selection Committee. The Selection Committee Chair will ensure that the search is conducted in a manner consistent with the letter and spirit of Article 7 and Article 30 of the Collective Agreement.
3. The Selection Committee will make a recommendation to the President, or designate, who may only offer an appointment to an individual so recommended. If the President, or designate, does not accept the recommendation, he/she shall provide the Committee with reasons and the process shall be repeated. An offer of appointment shall be made by the President, or designate, to the recommended candidate, subject to the final approval of the President.
4. If a candidate is external, the candidate's dossier will be forwarded to the candidate's proposed department(s) of appointment for review and for the department to provide feedback to the Selection Committee prior to the committee's decision regarding interviews. If the Selection Committee's recommendation is an external candidate, the Department will meet with the candidate and, if the candidate is acceptable to the Department, will forward to the Dean/Director, for recommendation, and the President, or designate, for decision, recommendations relative to rank, tenure, and other conditions of employment. No Department will be required to accept a candidate into the Department if, at a duly constituted Department meeting, that candidate is deemed to be unacceptable to the Department.
5. If the candidate is internal, the member's rank, tenure, and remuneration shall not change as a result of being granted the Canada Research Chair.
6. If the candidate is internal, the member shall be replaced with a term appointment that matches the term of the appointment of the Canada Research Chair. Such replacements shall be adequate for maintaining program integrity.
7. The President shall provide BUFA with a copy of the curriculum vitae of the approved candidate once the contract has been signed.
8. Eligibility for renewal of a Canada Research Chair is subject to the approval of the Canada Research Chairs program. Application for renewal shall be on the recommendation of the Senate Research Committee to the President, or designate.
9. No member on a probationary, tenured, or term contract shall be displaced from his/her position or have his/her rights, privileges, or benefits, under the Collective Agreement, reduced in any way by the entry of a Canada Research Chair into a department.
10. Members whose applications for a renewal/extension are rejected shall have recourse to an appeals procedure. Notice of an appeal must be submitted to the President no later than one (1) month after the member is notified of the decision. Within one (1) week of receiving notice of appeal, an Appeal Committee shall be struck. The Committee shall consist of: one (1) member appointed by BUFA, one (1) member chosen by the President, and a Chair chosen by the two (2) appointed members. The Appeal Committee shall establish its own procedures. The decision of the Appeal Committee is binding and shall be implemented by the President. Normally, the Appeal Committee will render its decision within two (2) months of being struck.