Article 11: Professional Librarian Employees 11.1 (a) University Library Committee The parties agree that, with the exception of responsibilities under Article 17.5(a), the University Library Committee as established in Article 11.1(a) of the 1977-79 agreement shall remain inactive provided that: (i) the University Librarian shall nominate professional librarian members of the Senate Library Committee according to the practice established in June 1978; and, (ii) the Library Forum continues to meet at least five (5) times per year with at least two (2) voting representatives from CUASA in attendance. (b) Peer Evaluation Committee (i) Duties The Peer Evaluation Committee shall make recommendations to: (1) the University Librarian and the President with regard to appointments, renewal of preliminary appointments and confirmation of appointments of professional librarian employees in accordance with the specific criteria and procedures for these matters established by the Collective Agreement; (2) the Library Rank Promotion Committee with regard to promotions for professional librarian employees in accordance with the specific criteria and procedures established in Article 10; (3) the University Librarian concerning career development increments for professional librarian employees in accordance with the criteria and procedures established in Article 41; (4) the University Librarian concerning Scholarly/Professional Achievement Awards to professional librarian employees in accordance with the criteria and procedures established in Article 42. (ii) Composition The Peer Evaluation Committee shall be composed of four (4) professional librarians, one (1) of whom shall be designated by the University Librarian and three (3) of whom shall be elected by professional librarian employees and from among professional librarian employees holding confirmed appointments. Provision shall be made for an alternate member designated by the University Librarian and an alternate member elected by and from the professional librarian employees, each of whom shall replace a regular member of the appropriate constituency in the event of that member's unavoidable absence or participation as a candidate or supervisor of a candidate in proceedings of the committee. (iii) Operation (1) The committee shall elect a chairperson from among its members who shall maintain an official record of all proceedings and recommendations. (2) Three (3) members of this committee, one (1) of whom shall be a management designate, shall constitute a quorum. (3) In every instance where the committee is unable to reach a unanimous recommendation, a statement of the recommendation signed by each committee member, which shall include a description of any disagreement within the committee concerning its recommendation, shall be forwarded to the University Librarian. (4) In those instances where the University Librarian is in disagreement with a majority recommendation of the Peer Evaluation Committee he/she shall inform the Peer Evaluation Committee of his/her reasons in writing within ten (10) working days and the Peer Evaluation Committee may prepare a response to the University Librarian's disagreement. Such a response shall form part of the official dossier of the case. (c) Library Rank Promotion Committee (i) There shall be a Library Rank Promotion Committee composed of four (4) voting members, two of whom shall be designated by the University Librarian from professional librarian employees holding the rank of Librarian IV and/or management librarians, and two (2) of whom shall be elected by professional librarian employees and from among professional librarian employees holding the rank of Librarian IV. The University Librarian shall sit as the fifth member of the committee, acting in the capacity of non-voting chairperson. (ii) Provision shall be made for alternate panel members as follows: (1) the University Librarian shall designate members of an alternate panel to replace any regular members of the LRPC designated by the University Librarian under (i) above; and, (2) a panel of alternate members shall be elected by professional librarian employees from among professional librarian employees holding the rank of Librarian IV. Provision shall be made for replacement of regular committee members elected in accordance with (i) above from the panel of alternate members to replace any regular members in the event of unavoidable absence or participation as supervisor of a candidate in the proceedings of the Committee by the Chair of the PEC. (iii) Four (4) members of this committee, two (2) of whom shall be designated by the University Librarian and two (2) elected by professional librarian employees, shall constitute a quorum. (iv) The Library Rank Promotion Committee shall make recommendations to the President regarding promotion in rank for professional librarian employees in accordance with specific criteria and procedures for rank promotion of professional librarian employees established in Article 10. 11.2 Job Descriptions (a) Librarians' responsibilities shall include working with colleagues, supervising non-professional staff and providing services to library users. These responsibilities shall be those understood to be professional: public service, collection development, bibliographical control and technical library operations. (b) The specific responsibilities of each professional librarian employee shall be identified in a current, written job description signed by the incumbent, if any, and the immediate supervisor. All job descriptions of professional librarian employees shall be fully accessible to all professional librarian employees. A copy of each job description shall be given to the employee concerned and another copy shall be filed with the CUASA office. (c) The format for job descriptions shall be consistent within the professional librarian employee sub-unit and shall be in accordance with those guidelines respecting format agreed upon by the parties from time to time. (d) In the event that a change in an existing job description is deemed necessary by either the employee or the supervisor: (i) the proposed change(s) shall be fully discussed by the supervisor and the professional librarian employee concerned; (ii) any change(s) to be made to the job description shall be documented in a revised job description which shall be signed by both parties and distributed as provided for in Article 11.2(b) prior to implementation; (iii) in the event that the professional librarian employee objects to the proposed change, the dispute shall be referred to the appropriate Associate Librarian or to the University Librarian in an attempt to reach a settlement. The professional librarian employee must receive written notification of the decision made; (iv) should the dispute not be resolved by the above means, the professional librarian employee may, upon receipt of the written notification of the decision, initiate a grievance on the matter by the following procedures: (1) the objection shall be expressed in a grievance form which must be presented to the University Librarian and to the JCAA at the same time, within five (5) working days of the date the employee was notified of the change; (2) the change shall not be implemented until the issue has been dealt with by the JCAA or fifteen (15) working days have elapsed since receipt of the grievance by the JCAA, whichever occurs first; (3) notwithstanding Article 11.2(b) and 11.2(d)(ii) above, should the change be implemented following the completion of the procedures set out in Article 11.2(d)(iv)(2) above, a copy of the job description, signed by the supervisor, shall be given to the employee concerned and another copy shall be filed with the CUASA office; (4) this does not preclude recourse to the grievance and arbitration procedures in Article 30. (e) (i) Any change in those job descriptions in effect at the commencement of this Collective Agreement shall be consistent with those duties and responsibilities commonly associated with professional librarian employees and with the evolution of such duties in Canadian Universities. (ii) Any new job descriptions for professional librarian employees after the date of the signing of this Collective Agreement shall satisfy the conditions of Article 11.2(e)(i). (iii) In the event that the University Librarian considers that a change in an existing job description is necessary he/she shall: (1) consult with the professional librarian employee and the appropriate supervisor. Such consultation shall provide them with adequate opportunity for input and discussion; (2) notify the professional librarian employee and the supervisor involved as to the result of the consultation. If consultation results in changes in the job description, notification of such shall be provided in writing to the employee, the supervisor, and the Association at least seven (7) working days prior to implementation. (iv) The employer undertakes to make public by means of an open file in the Library, job descriptions for all new positions in the Library. The employer shall notify the Association as soon as a new job description is placed in this open file, and the job description shall remain in the file for at least ten (10) working days. (v) Should a change in the job description for a professional librarian employee be made, pursuant to Article 11.2(e)(iii) above, to which the affected employee objects, such objection shall be handled as follows: (1) the objection shall be expressed in a grievance which must be presented to the University Librarian and the Grievance Sub-Committee referred to in Article 30 at the same time within five (5) working days of the date the employee was notified of the change; (2) the change shall not be implemented until the issue has been ruled on by the Grievance Sub-Committee or until fifteen (15) working days have elapsed since receipt of the grievance by the Grievance Sub-Committee whichever occurs first; (3) this does not preclude recourse to the grievance and arbitration procedures in Article 30; (4) when the report is submitted, changes in job descriptions shall be handled according to Article 11.2(e)(i), (ii), (iii), and (iv) of the Agreement. (f) The Library management recognizes the desirability of providing rounded experience through some rotation of job assignment, and shall provide professional librarian employees with opportunities to work periodically at different reference and information desks and/or different departments of the Library as the attainment of established goals permits. Arrangements for duration and times shall be established through consultation and agreement between the professional librarian employee(s) and the immediate supervisor(s) and the Associate Librarian involved. 11.3 Confirmation (a) Professional librarian employees holding preliminary appointments shall be considered for confirmation six (6) months before the end of the second year of an initial preliminary appointment. However, a librarian employee who holds a preliminary appointment subsequent to a term appointment shall be eligible for consideration in accordance with Article 37.7 (Term Appointments). A professional librarian employee working a reduced workload at pro-rated pay shall earn credit toward confirmation on a pro-rated basis but shall be eligible for early consideration. (b) If a confirmed appointment is not granted at this point, the employee may be granted a further preliminary appointment of not more than two (2) years on the recommendation of the Peer Evaluation Committee and the University Librarian. However, by the end of the fourth year of preliminary appointments, the employee must be reconsidered for confirmation and a confirmed appointment granted or the employee notified in writing that the appointment will be terminated at the end of the fifth year. (c) Criteria (i) In assessing a candidate for confirmation of appointment, the candidate's immediate supervisor shall provide the Peer Evaluation Committee with a general written evaluation supported by detail based on the candidate's potential for future professional development in the position held and in the library system, and a detailed written evaluation based on the candidate's past performance towards explicitly established goals, as specified in the job description, and on the candidate's working relations with his/her peers and supervisor(s). (ii) In the case of a candidate who has held an appointment in a different position, an additional written statement from the supervisor of the previous position shall be required. Criteria to be used in evaluating the candidate's performance shall be those listed in Article 41.3(b). In addition, the candidate's potential for future professional development in the position and contribution to the Library and the University shall be considered. (d) Procedures for Confirmation (i) The University Librarian shall request the Peer Evaluation Committee to initiate proceedings for each eligible professional librarian employee six (6) months prior to the deadlines established according to Articles 11.3(a) and (b). (ii) The Peer Evaluation Committee shall request the candidate's immediate supervisor to submit a written evaluation of the candidate's performance to date according to the established criteria together with a recommendation either for confirmation or for continued preliminary appointment or for termination of appointment. (iii) The Peer Evaluation Committee shall invite the candidate to present to the committee a written statement of any information which he/she considers relevant to his/her candidacy. (iv) The Peer Evaluation Committee shall examine the supervisor's evaluation and recommendation, all previous performance evaluations of the candidate, the candidate's curriculum vitae and statement(s) by the candidate (if any) and shall reach a recommendation. The Peer Evaluation Committee may recommend a confirmed appointment, a continued preliminary appointment or termination of appointment. In the case of a positive recommendation, the committee shall notify the candidate in writing of its decision. If the recommendation is not to grant confirmation, whether it is a decision to allow the appointment to lapse or to extend the preliminary appointment, the Peer Evaluation Committee shall provide a written statement of the reasons on which the decision was based. In the event of a negative recommendation, the candidate shall be interviewed by the committee, if he/she wishes, and shall have the right to choose one colleague to be interviewed by the committee in support of the candidate. In addition, the committee may interview the supervisor(s) if it deems this to be appropriate. (v) The Peer Evaluation Committee shall make a formal statement in writing of its recommendation and the reasons for it to the University Librarian accompanied by all relevant supporting documents. Any disagreement within the committee concerning its recommendation shall also be described in the statement. At the same time a copy of the statement shall be made available to the candidate. (vi) The University Librarian shall communicate his/her recommendation and that of the committee in writing along with all documentation, to the President at least five (5) months before the end of the preliminary appointment. The University Librarian shall also communicate his/her recommendation in writing to the candidate by the same date. (vii) The President shall inform the candidate in writing of the decision at least four (4) months before the last day of the preliminary appointment. 11.4 Suspension or Dismissal for Cause (a) Dismissals or suspensions shall be for just cause and the following procedures of this Article are designed to ensure that the decisions in regard to suspensions or dismissals will be rendered by an impartial body which has no interest either in the silencing of unwelcome opinions or the protection of incompetence or neglect. (b) For purposes of this Collective Agreement a professional librarian employee is understood to be an employee who both possesses the qualifications of a professional librarian (as stated in the criteria for Library Appointments, Article 9.6(a)) and is employed in the Library in that capacity, but includes those at present on staff who do not meet these qualifications. (c) Dismissal Procedure (i) Review Chairperson On the adoption of these procedures and from time to time thereafter, the President of the University and the President of the Association shall agree on the appointment of a person who is not a member of the faculty or Board of the University or employed in the administration of the University to act as Review Chairperson. Such an appointment shall be for a term not exceeding five (5) years, and may be renewed from time to time. All reasonable efforts should be taken to ensure that the position does not remain vacant for any significant period of time after the expiration of a term appointment and before renewal of it or appointment of a successor. The duties of the Review Chairperson shall be as described in the following paragraphs. (ii) Informal Proceedings Where the President, after whatever investigation he/she may consider necessary and which may include resort to a committee of inquiry, is satisfied that adequate cause for the dismissal of a professional librarian employee exists, he/she shall advise the professional librarian employee that he/she intends to so recommend and invite the professional librarian employee and, if the latter so wishes, an advisor to meet with him/her and with the University Librarian and the professional librarian employee's immediate supervisor. (iii) Initiation of Formal Proceedings (1) Where the professional librarian employee declines an invitation extended under the provisions of Article 11.4(c)(ii) or the President, after reasonable efforts, is unable to arrange a meeting within a reasonable time after extending such an invitation, or if a meeting is held and no mutually agreeable settlement is reached, the President, if he/she intends to proceed with a recommendation of dismissal, shall so inform the professional librarian employee in writing and shall set out his/her reasons for so doing. Such reasons shall be set out in sufficient particularity to allow the professional librarian employee to prepare a reply. (2) The President shall at the same time advise the professional librarian employee whether he/she intends to refer his/her intended recommendation to the Review Chairperson. If the President indicates that he/she intends to refer the matter to the Review Chairperson, he/she shall forward to the Review Chairperson a copy of the information given to the professional librarian employee. (3) If the President does not indicate to the professional librarian employee that he/she intends to refer the matter to the Review Chairperson, the professional librarian employee may require the President to do so by notice given in writing to the President within fourteen (14) days after the professional librarian employee is notified under this provision of the President's intention to recommend his/her dismissal. Upon being required to refer the matter, the President shall do so in the manner specified in Article 11.4(c) (iii) (2) above. (4) If the President does not indicate to the professional librarian employee that he/she intends to refer the matter to the Review Chairperson and the professional librarian employee does not require him/her to do so in the manner and within the time specified in the preceding paragraph, the matter need not be referred to the Review Chairperson. (iv) Formal Proceedings (1) Where a matter is referred to the Review Chairperson in accordance with the foregoing procedure, he/she shall proceed to determine whether adequate cause exists for the President to recommend dismissal of the professional librarian employee, or he/she may in his/her discretion appoint two (2) persons to sit with him/her as a Review Committee to make such determination. The Review Chairperson shall act as Chairperson of any Review Committee. (2) The Review Chairperson or a Review Committee shall advise the President, the University Librarian and the professional librarian employee of the date and place fixed by it for a hearing in connection with the matter. Such date shall be not more than six (6) weeks after the matter is referred to the Review Chairperson. The professional librarian employee may at any time before the hearing provide the Review Chairperson or the Review Committee and the President with a written reply to the reasons given by the President in support of his/her intention to recommend dismissal; but where such a reply is given within seven (7) days of the day fixed for the hearing, the Review Chairperson or Review Committee may, on its own initiative or at the request of the President, postpone the hearing for a period not exceeding seven (7) days. Reasonable notice of any postponement shall be given to the professional librarian employee, the University Librarian and the President. (3) A hearing by the Review Chairperson or a Review Committee shall be held in camera unless the professional librarian employee requests otherwise by notice given to the Review Chairperson or a Review Committee in writing at least one (1) week in advance of the hearing. (4) Both the President (or his/her nominee) and the professional librarian employee are entitled to appear at the hearing and, if they so desire, to be represented by counsel or other advisers. The Review Chairperson or a Review Committee is entitled to set its own rules as to the procedure before it, the examination and cross-examination of witnesses and the admissibility of evidence. A transcript of the proceedings at any hearing before a Review Chairperson or Review Committee shall not be obligatory but the Chairperson or the Committee, upon the application of either the President (or his/her nominee) or the affected professional librarian employee, may direct that the testimony of a specified witness be recorded and a transcript thereof provided if the Chairperson or the Committee so desires. (5) As soon as possible after completion of the hearing before it, the Review Chairperson or the Review Committee shall provide the President, the University Librarian and the professional librarian employee with its decision, in writing, as to whether adequate cause exists for the President to recommend dismissal of the professional librarian employee, supported by reasons as the Review Chairperson or the Review Committee considers appropriate. The Review Chairperson or the Review Committee may also propose another remedy if it deems it appropriate. A decision by the majority shall be the decision of the Review Committee. (6) Where a Review Chairperson or a Review Committee has reached a decision that adequate cause does not exist for a recommendation by the President to the Board of Governors that a professional librarian employee be dismissed, the President shall not make such a recommendation to the Board and the procedure provided for in these provisions shall not again be instituted on the basis of substantially the same facts and considerations. (7) At any time after its decision is communicated to the President, the University Librarian and the professional librarian employee, the Review Chairperson or a Review Committee, may, if it considers it to be in the public interest to do so, make public its decision and any or all of its reasons. Except where a hearing before the Review Chairperson or a Review Committee is held in public, and except to the extent that the Committee itself makes its decision and any of its reasons for it public, all information shall be treated as confidential information and the decision of the Review Chairperson or a Review Committee and its reasons for it shall be confidential except that the decision and reasons may be submitted to the Board of Governors in support of a recommendation to the President for dismissal of the professional librarian employee. (v) Suspension The President may, by written notice and for stated cause, relieve a professional librarian employee of some or all of his/her duties and withdraw some or all of his/her privileges, provided that dismissal or other proceedings to determine the propriety of such action have already been initiated or are initiated simultaneously. This is not to be construed as preventing the President from acting in an emergency where there is a clear and present danger to the professional librarian employee or to the University, provided that written reasons are subsequently provided. A suspension shall terminate with the conclusion of the dismissal or other proceedings or at such earlier time as the President may deem appropriate. Salary and other benefits shall continue throughout the period of suspension. (vi) Expenses The fees and expenses of the Review Chairperson and of the persons that may be appointed to sit with him/her as members of a Review Committee shall be borne by the University. Any additional expenses arising out of any hearings of the Review Chairperson or a Review Committee including expenses connected with the recording and transcription of testimony when directed by the Review Chairperson or a Review Committee and the fees and expenses of witnesses called at the direction of the Review Chairperson or the Review Committee, but not otherwise, shall also be borne by the University. (vi) Save as aforesaid the University and the affected professional librarian employee shall each bear their own expenses including those connected with the calling by them of any witnesses or the preparation and presentation of documents and the fees and expenses of a counsel or advisors as the case may be, provided that the Review Chairperson or a Review Committee may direct that the fees and expenses of a counsel, if one is engaged by the affected professional librarian employee, or some portion thereof shall be borne by the University where, in the Review Chairperson or Review Committee's view of the circumstances, it considers it just and equitable that the University should pay them.