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Redundancy occurs when a position occupied by a member is declared unnecessary due to long-term changes in academic priorities, student enrolment patterns, or some such similar development.
If the Employer declares a position redundant, thus necessitating the lay-off of a member, and if there are two (2) or more members occupying similar positions such that a decision must be made as to which member is to be laid off, then members shall be laid off (in reverse order of seniority) in the order:
Once the Employer has determined which member is to be laid off, that member shall be notified by the President, in writing, with a copy to the Union. A member shall be given not less than twelve (12) months notice if he/she has more than six (6) years service, and he/she shall be given not less than six (6) months notice if he/she has six (6) or less years service.
If a member receives a notice of lay-off under this Article and if the member objects, asserting either:
The Committee will decide whether the position referred to by the Employer in its declaration is, in fact, redundant and, if so, which member shall be laid off. The Committee's decision shall be sent to the President for implementation, with copies to the member who received notice under Clause 17.2 (above), and to the Union.
This procedure replaces grievance and arbitration for matters dealt with under this Article. Article 6 does not apply to Redundancy in the Special Projects. The decision of the Committee described in Clauses 17.3 and 17.4 (above) shall be final and binding on both Parties and the member affected.
The Committee shall hear the appeal within two (2) weeks of the notice of intent to appeal.
The appeal shall be in public within the University community, unless both the appellant and the President agree to its being held - in whole or in part - in camera.
Both the appellant and the President shall be permitted to appear with advisors at any stage in the proceedings and shall have the right to present and question evidence.
Minutes of the proceedings, including the names of witnesses heard, copies of evidence received, and decisions made, shall be available to members of the Committee and to the appellant and to the President.
If the decision is that a member is to be laid off, then the President shall establish a Redeployment Committee upon the request of the member declared redundant, consisting of two (2) members appointed by the Employer, two (2) members appointed by the Union, and a Chairperson who shall be the Senate's representative to the Board of Governors, unless that individual is potentially affected, in which case the appointed members shall name a mutually agreeable Chairperson.
The Redeployment Committee shall make every effort to identify within the Bargaining Unit, positions elsewhere in the University which affected members would be qualified to fill. Such efforts shall include consultation with Departments, Selection Committees, and Deans/Directors.
If the Redeployment Committee designates a vacant position within the Bargaining Unit which the Employer intends to fill, then the Employer agrees to consider the member for the position with the governing factors being qualifications by rank and seniority; that is, if there were two (2) applicants with equal qualifications, then the applicant with the greatest seniority at Brandon University would be offered the position first. The Employer further agrees that the member will be considered as a applicant if a retraining period of up to twelve (12) months would enable the member to become qualified for the position. The member's salary would be continued during the retraining period. If the member leaves the employment at Brandon University within one (1) year after the retraining period, then the amount of salary paid to the member during the retraining will be paid by the member to the Employer.
The Redeployment Committee shall meet within one (1) month of the notification as per Clause 17.2, or if the decision is appealed and the decision is upheld, then the Redeployment Committee must meet within one (1) month of the notification to the President and the Union as per Clause 17.4.
If an affected member who holds a Probationary, Tenured, or Continuing Appointment is not offered, or does not accept redeployment, he/she shall be entitled to a severance allowance of one (1) month's salary for each year of service to Brandon University beyond the first year, to a maximum severance allowance of twelve (12) months salary. Members may choose to receive their severance allowance in a lump sum or in equal monthly installments, or in a manner mutually acceptable to the member and to the Employer.