Article 9: Appointments 9.1 To ensure that posts at Carleton University are filled by the most highly qualified candidates and to ensure accessibility to Canadians, all faculty, Instructor and professional librarian openings must be advertised prior to the consideration of candidates. (a) Faculty and Instructor Employees (i) All faculty and Instructor posts shall be advertised both internally and in various appropriate publications that shall include University Affairs and the CAUT Bulletin and/or their web sites whenever publication schedules permit, and the advertising copy shall be sent to the Association within ten (10) working days of its placement. (ii) Copy of the advertisement shall be submitted to the publications within ten (10) working days of the receipt of that copy by the President's Office from the appropriate department and dean. (iii) A period of at least thirty (30) working days shall elapse between the appearance of the final advertisement and the subunit's recommendation to the dean that a formal offer be sent to the selected candidate. (iv) In cases of extreme urgency, or where a department, through the procedures for recommending appointments normally followed by the department, determines that a spouse of a successful candidate for a preliminary or tenured academic staff position has qualifications and experience that would benefit the programs of the department, an appointment may be made without following the requirements of 9.1(a) (i-iii) at the discretion of the President but in all such cases complete details of the appointments must be reported in writing to the Association and the Clerk of Senate within ten (10) working days. (v) All appointments to faculty and Instructor positions shall be made on the recommendation of departments and the appropriate dean(s). (vi) If a position is not attached to a specific department a committee of at least three (3) members of the bargaining unit shall be established by the appropriate dean to serve in lieu of a departmental committee. (b) Professional Librarian Employees All new or vacant positions at any of the four librarian ranks shall be filled by competition, after being advertised as provided for in this Article. (i) Each competition shall be conducted by an ad hoc committee consisting of the immediate supervisor of the position to be filled, a professional librarian employee from the area of expertise within which the position falls, and one person from library management. The competition committee shall be constituted and shall follow procedures and criteria as outlined in Article 9.7. (ii) All new or vacant positions at any of the four librarian ranks shall be first advertised internally to all librarian members of the bargaining unit which shall include employees of Carleton University who have previously been professional librarian members of the bargaining unit. However, for term positions the internal and external advertisements may appear simultaneously. (iii) If no internal candidate is clearly acceptable, the vacancy shall be advertised externally in various publications as the ad hoc committee for the position concerned may deem suitable, but to include the print CAUT Bulletin, University Affairs, and Feliciter, and/or their web sites whenever publication schedules permit and the advertising copy shall be sent to the Association within ten (10) working days of its placement. (iv) Appointments of extreme urgency may be made without following the requirements of 9.1(b) (ii-iii) at the discretion of the President, but in all such cases complete details of the appointments must be reported in writing to the Association and the Clerk of Senate within ten (10) working days by the President. The employer, however, shall post a notice of the vacancy for five (5) working days on the vacancies bulletin board in the Library. (v) In the case of professional librarian employees, an appointment may commence at any time during the year. (c) The employer shall provide to each short-listed candidate a package of information supplied by CUASA. 9.2 Canadian Candidates Unless the qualifications of a non-Canadian candidate for a position are demonstrably superior to those of a Canadian candidate, the lowest level committee shall recommend that the Canadian be appointed. Exceptions on the part of the recommending committee or departures from such recommendations by a dean, the Librarian or the President shall be reported in writing to the Association and the Clerk of the Senate within ten (10) working days by the President. (a) Canadian designates a citizen of Canada, or one who on the date of application for a position at Carleton University, is a landed immigrant in Canada or holds a ministerial permit. (b) The qualifications relevant to each vacant position shall be clearly stated and shall not include irrelevant particularities which would unfairly disadvantage Canadians at home or abroad. (c) The parties agree to establish a University Appointments Review Committee should it become necessary or desirable. 9.3 Employment Equity The parties agree to the principle of employment equity at Carleton University. Consistent with that principle: (a) The employer shall include, as a minimum, a statement in all advertisements for bargaining unit positions that the University welcomes applications from all qualified women and men, including members of visible minorities, aboriginal persons, persons with disabilities, and persons of any sexual orientation or gender identity. (b) The employer shall establish search procedures, which may vary among faculties, but which shall require at least: (i) consultation with informed individuals selected by the Dean from within the unit(s) or sub- unit(s) or elsewhere in the University, for the purpose of identifying suitable prospective candidates, and (ii) letters from the unit or sub-unit chairpersons/directors/University Librarian to Canadian Universities inviting qualified applicants from designated groups that the employer determines are under-represented in the unit(s) or sub-unit(s). (c) The parties agree that the best available candidate should be hired, regardless of membership or non-membership in a designated group. However, where the qualifications of two candidates for appointment are demonstrably equal, and one of these candidates is a member of a designated group that is under-represented in the unit(s) or sub-unit(s), then all else being equal, the candidate of the under- represented group should be offered the position. 9.4 (a) All appointments under this Collective Agreement shall be made in the following ranks: (i) Faculty: Professor, Associate Professor, Assistant Professor, or Lecturer; (ii) Lecturer (Instructor) (I, II and III) referred to as Instructors in this agreement; and, (iii) Librarian (I, II, III and IV). (b) All appointments as defined in this Article shall be made as either term, preliminary or tenured/confirmed appointments. (c) In the case of preliminary appointments the letter of appointment shall contain, in general terms, information about criteria for tenure/confirmation relevant to the Department, School, Institute, and/or Faculty in which the appointment is to be held. (d) Appointments shall be made as full or as part-time. Employees on part-time status shall earn credit toward tenure, confirmation, promotion and sabbatical on a pro-rated basis. 9.5 The ranks: Professor, Associate Professor, Assistant Professor and Lecturer are defined as being those traditionally understood as such in Carleton University practice. 9.6 Ranks for Professional Librarian Employees (a) The ranks Librarian I, II, III and IV are reserved for professional librarian employees as defined in Article 9.7. (b) Professional librarian employees shall be assigned to a position with a fully documented job description in accordance with the provision of Article 11.1. (c) There shall be no transference of significant functions from professional librarian employees to other library employees which results in a reduction of the number of professional librarian employees from the number employed at the commencement of the agreement. (d) Should a professional librarian vacate his/her position by reason of resignation, termination, sabbatical or other long term (in excess of sixteen (16) weeks) absence, the employer shall, within two (2) months of the position falling vacant, inform the Association in writing indicating the disposition of the duties and/or the intention to fill the position in accordance with the provisions of Article 9.4(a). (e) When a temporary replacement is made for a professional librarian employee on sabbatical or leave for a period in excess of sixteen (16) weeks in accordance with 9.6(d), any such replacement shall be a fully qualified professional librarian. 9.7 Librarian Appointments (a) Criteria Individuals to be considered for hiring as professional librarian employees shall have both (i) an initial undergraduate degree (the Association of Universities and Colleges of Canada may be applied to for an opinion in cases where there is doubt about whether the qualifications presented meet existing Canadian standards); and, (ii) a professional library qualification from an ALA accredited library school or an international library school which has been accredited by a national professional library association recognized by the Canadian Library Association (the Canadian Library Association may be applied to for an opinion in cases where there is doubt about whether the qualifications presented meet existing Canadian Standards). (b) Procedures (i) The employer shall decide when a position is to be created or a position is to be filled by transfer or competition, in accordance with University procedure and Article 9.6(c). In conjunction with the supervisor of the position, the University Librarian shall set the date on which the competition is to start. (ii) Within seven (7) working days of having received official notification that a new or vacant position is to be filled, the Peer Evaluation Committee shall meet to choose the third member of the Ad Hoc Competition Committee who shall normally be a professional librarian employee from the area of expertise in which the position falls. The other two members of this committee shall be the immediate supervisor of the position to be filled and the University Librarian or his/her designate from Library management. In the case of unavoidable absence of the immediate supervisor or the University Librarian during a competition, a substitute designated by that individual shall serve on the Ad Hoc Competition Committee. (iii) Within another seven (7) working days the Ad Hoc Competition Committee (henceforth referred to as the Committee), shall meet to prepare an internal advertisement for the position which shall include the minimum criteria for professional librarian employees, the salary range(s) for the relevant rank(s) and the job description attached to that position. This advertisement shall be posted for seven (7) working days on the vacancies bulletin boards in the Library and the Library's internal website. In the case of term appointments, the internal advertisement shall be posted for one (1) week, but the external advertisement may proceed simultaneously as outlined in Article 9.1. (iv) In conjunction with the immediate supervisor of the position to be filled, the University Librarian or his/her designate shall assume responsibility for the receipt of applications and for all other documentation relating to appointments. (v) Internal Competition (1) The Committee shall review all internal applications, interview the applicants as it sees fit and, if a suitable applicant is found, make a recommendation of appointment to the Peer Evaluation Committee. The Committee may be requested by the University Librarian to substantiate its rejection of a candidate. Unsuccessful applicants shall be notified promptly of the decision not to appoint them. (2) The Committee shall make every effort to reach agreement upon a candidate. However, in those instances where the supervisor is in disagreement with the other two committee members, the matter shall be referred to the University Librarian who shall forthwith submit his/her resolution of this disagreement to the Peer Evaluation Committee. (3) Within two (2) working days of receipt of the name of a suitable candidate from the Committee, the Peer Evaluation Committee shall review the candidate's qualifications in the light of the minimum criteria mentioned in Article 9.7(a)(i) and (ii). If the Peer Evaluation Committee approves the candidate, it shall recommend to the University Librarian that an offer of employment be made at a specified rank commensurate with the experience and qualifications of the candidate. (4) The University Librarian shall decide whether to reject the recommendation or to accept and forward it to the President. No more than seven (7) working days shall elapse between the time the recommendation is made by the Peer Evaluation Committee and either: -the Peer Evaluation Committee and the Committee are informed of a decision to reject the candidate and of the grounds for doing so; or -a written offer is sent to the candidate. Both the Peer Evaluation Committee and the Committee shall receive all particulars of the offer excepting only salary. (5) If the candidate rejects the offer, the University Librarian shall decide either to continue negotiations with the candidate, or to inform the Peer Evaluation Committee and the Committee that the competition is to be continued. (6) If an internal candidate accepts an offer of a different position within the Library, it shall not adversely affect the employee's eligibility for career development increments, or any other increment to his/her nominal salary, or his/her eligibility for sabbatical leave, or his/her eligibility for or status of confirmation or Professional Achievement Award. (7) If a professional librarian employee should prove unsatisfactory in his/her new position, transfer from that position to any other position in the Library shall not adversely affect that employee's eligibility for career development increments, or any other increments to his/her nominal salary, or his/her eligibility for sabbatical leave, or his/her eligibility for or status of confirmation or Professional Achievement Award. (vi) External Competition (1) If no internal candidate is clearly acceptable, the vacancy shall be advertised externally in such publications and on such websites as the Ad Hoc Committee for the position concerned may deem appropriate consistent with the provisions of Article 9.1. (2) The Committee shall review all external applications, interview as it sees fit and, if a suitable applicant is found, shall make a recommendation of appointment to the Peer Evaluation Committee. The Committee may also recommend that a confirmed appointment be offered. From this point the procedures shall be those indicated in Article 9.7(b)(v). The Committee may be requested by the University Librarian to substantiate its rejection of a candidate. Unsuccessful candidates shall be notified promptly of the decision not to hire them. (c) In cases where a professional librarian employee holding a confirmed appointment is appointed to a different position from that held as a result of competition or transfer, the initial appointment to the new position shall be for a period of one (1) year. Three (3) months prior to the end of the year, a performance appraisal shall be conducted in accordance with the provisions of Article 11.3 to determine whether the appointment to the new position shall be made a continuing one. The appointment shall be renewed upon the recommendation of the Peer Evaluation Committee to the University Librarian. In the event that the employee does not wish or is not able to continue in the position, or that the employer finds the employee's performance unsatisfactory, the employee shall be transferred to an equivalent position without loss of previous salary or benefits and subject to the provisions of Article 38.2(a). (d) Procedures Governing the Appointment of the University Librarian (i) When a committee is established to advise the President on the selection of the University Librarian, it shall include representation from professional librarian employees of whom one (1) shall be from public service and one (1) from technical services area of expertise. (ii) In the event that external applicants for the position of University Librarian are sought, the position shall be advertised in appropriate Canadian publications, including the CAUT Bulletin and Feliciter. 9.8 Instructor Employees (a) The ranks Instructor I, II and III are reserved for those persons in the bargaining unit not covered by 9.5 or 9.6 above who are either engaged primarily in teaching or who perform duties defined by a specific job description, and whose responsibilities do not require participation in or conduct of research other than that required by their teaching duties or by the appropriate job description as approved by the JCAA. (b) Instructor employees initially appointed during the term of this Collective Agreement shall be appointed according to the provisions of Article 9. (i) Term appointments shall be made in accordance with Article 37 (Term Appointments). (ii) Preliminary appointments shall be for a period of one (1), two (2), or three (3) years and shall be made in expectation of renewal and/or confirmation. (iii) In addition to the provisions of Article 9, Instructor Employees shall, upon appointment, receive statements in writing as to which of the following categories, identified under Article 12.1, applies to the appointment in question: primarily classroom teaching, or a position governed by an individual job description. Where an Instructor employee is appointed to the category involving individual job descriptions and the position to which the person has been appointed is not governed by one of the job descriptions appended to this Collective Agreement, a job description which is reasonably equitable in terms of workload and by comparison with other job descriptions for similar positions, shall be developed. (c) An Instructor employee who is newly recognized by the employer as a member of the bargaining unit shall be granted a preliminary appointment if he/she has at least two (2) years previous full-time service with the employer in an academic capacity, and shall be considered for a confirmed appointment if he/she has five (5) or more years of full-time service with the employer in an academic capacity. 9.9 (a) For the purposes of this Collective Agreement any member of the bargaining unit not covered by Article 9.5, 9.6 or 9.8 above shall be assigned to one of the above ranks in Article 9.4 according to experience, qualifications, and responsibilities. (b) Letters of appointment shall be signed by the President. Such letters shall state clearly the length and terms and conditions of appointment including rank and department to which the appointee is assigned, the category of appointment, salary, sabbatical entitlement, if any, under the provisions of Article 21.1(e), whether or not the appointment is a replacement, and any conditions attached to the appointment. (c) All persons given new appointments, including term appointments, shall be placed within rank at a salary level commensurate with their experience, qualification, and responsibilities. 9.10 Reduced-Time Appointments (a) A reduced-time appointment is defined as one in which a member of the bargaining unit at his/her request carries, on an ongoing basis, a reduced workload pursuant to Article 13. In the remainder of this Article, each and every reference to "reduced-time appointment" shall be understood to mean "ongoing reduced-time appointment". (i) Any tenured or confirmed employee, holding a full-time position, may, on a wholly voluntary basis, apply to his/her dean or equivalent for a reduced-time appointment. (ii) An application for reduced-time employment shall be in writing, with a copy to the Association. (iii) An employee applying for a reduced-time appointment shall have the right to be represented by the Association at all stages of the discussions concerning such reduced-time appointment. (iv) The employer shall not unreasonably withhold approval of requests for transfer from full-time to reduced-time status. (v) Notwithstanding (a) above, reduced-time appointments may also be given to new employees whose workload is to be less than full-time but sufficient to make them members of the bargaining unit. (vi) Notwithstanding (a) above, reduced-time appointments may also be granted to untenured or unconfirmed employees where such an employee voluntarily seeks it, and when it is agreed between the employer and the employee that circumstances warrant it. (vii) Members of the bargaining unit already on reduced-time status when this Collective Agreement takes effect shall be covered by all terms and conditions of this Article, but nothing in this Article shall be deemed to prejudice the terms and conditions of employment of such individuals. (b) The salary of a reduced-time appointee shall be determined as follows: (i) Each such appointee shall have a nominal salary composed as specified in Article 45. For an employee transferring from full-time status the nominal salary shall be that which would be the case if the employee were continuing in full-time status. For any other appointee to reduced-time status, the nominal salary shall be that which would be appropriate if the employee were appointed to full-time status as specified in Article 9.9(c). (ii) Any increases for a continuing reduced-time employee shall be made to the nominal salary as if he/she were a full-time employee. (iii) Each such appointee shall receive an actual salary pro-rated from the nominal salary according to the reduction in workload. (iv) An employee already on reduced-time status at the time this Collective Agreement takes effect shall receive a salary adjustment, where required, to satisfy the terms of Article 9.10(b). (c) Unless prohibited by agreement with the carrier(s), the employer shall provide a reduced-time appointee with the same benefits and coverage as specified in Article 40 for employees and shall, where applicable, contribute to the cost of these plans on the basis of actual salary. (d) For the purposes of any assessments of performance, including career development increments, Research/Professional Achievement Awards, promotion, tenure, and confirmation of a member of the bargaining unit on a reduced-time appointment shall be assessed solely on the basis of his/her actual workload; but a career development increment or research/professional achievement award to a reduced-time appointee shall be pro-rated in the same manner as salary in Article 9.10(b)(i). (e) For the purpose of a sabbatical, a reduced-time appointee shall have the right to a pro-rated sabbatical stipend based on nominal salary. To calculate the sabbatical stipend refer to Article 21.3(h). Article 9.4(d) shall apply with respect to the calculation of service toward tenure, confirmation, promotion and sabbatical. (f) An employee who accepts a reduced-time appointment shall have the same access to all University research facilities as if he/she were on a full-time appointment; and where the employee has accepted a reduced workload in order to devote additional time to research, the employer shall not unreasonably deny increased access to these research facilities. (g) Any employee granted a reduced-time appointment shall have the right to resume full-time status provided that: (i) full-time status is resumed within sixty (60) months following the commencement of the reduced-time appointment; and, (ii) notice in writing of the intention to resume full-time status is given to the employer within forty-eight (48) months of the commencement of the reduced-time appointment. (iii) An employee may waive the right to resume full-time status in accordance with this article. (h) An employee on a reduced-time appointment shall be covered by all the rights and protections of this Collective Agreement, including, but not restricted to, those governing tenure, dismissal and lay-off. (j) Letters of appointment for a reduced-time appointee shall be signed by the President. (i) The letter of appointment shall clearly state the nominal salary, reduction in workload and actual salary, the date of commencement of the appointment, and all other terms and conditions attached to the appointment, including those specified for full-time appointments in Article 9.9(b). (ii) Upon receipt of a letter of appointment from the President offering a reduced-time appointment, an employee already holding a full-time appointment shall have twenty (20) working days in which to indicate in writing to the President his/her acceptance or rejection of the reduced-time appointment. (iii) No reduced-time appointment shall take effect until and unless the appointee indicates in writing to the President his/her acceptance of the appointment and all its terms and conditions as specified in the letter of appointment.