CAUT | ACPPU
Canadian Association of University Teachers
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Model Clause on Elimination of Systemic Discrimination in the Workplace
In order to eliminate systemic discrimination that adversely affects any member in regard to any employment matter including salaries, merit, rank, appointment, promotion, tenure, permanency, reappointment, dismissal, sabbatical leave, employee benefits, or any other term or condition of employment contrary to the non-discrimination protections in this agreement, the parties agree:
1
To establish an Employment Systems Review Committee (hereinafter the ESR Committee), which will periodically review employment practices not less frequently than every three years;
2
That the employer shall ensure the committee has a budget adequate to conduct its work and that the employer recognizes the committee s right to consult outside independent experts;
3
That the ESR Committee shall be constituted of two (2) representatives of the employer, two (2) representatives of the association, and an individual jointly chosen by the employer and the association who is an expert in the administration of employment systems reviews for the purpose of identification and elimination of systemic discrimination;
4
That the ESR Committee shall determine its own employment systems review methodology; and that the ESR Committee shall produce a preliminary methodology report for the association s and the employer s review within three (3) months of its conception. The methodology report shall set out the proposed methodology for employment systems review;
5
That the ESR Committee shall receive comments from the association and the employer within six (6) weeks of distribution and thereafter shall consider the comments when determining its final methodology;
6
That the ESR Committee shall complete its ESR within one (1) year of finalizing its methodology;
7
That the ESR Committee shall prepare and circulate a draft Report on the results of the ESR to the association and the employer within six (6) months of completion;
8
That the ESR Committee shall invite and receive comments on the draft Report from the association and the employer during the following eight (8) weeks;
9
That within three (3) weeks of the expiry date for receipt of comments on the draft report, the ESR Committee shall consider all comments and determine in a draft Action Report what action should be recommended. Options for action include but are not limited to:
i) recommending further study where there appears to have been identified gaps in information (but any further study must be completed within three months following the date on which the Report is completed);
ii) recommending specific action be taken to resolve the identified barriers to equality, including, where possible, identification of a range of solutions in the event that recommended changes affect the terms of the current collective agreement;
10
That the Draft Action Report shall be circulated to the association and the employer allowing six weeks for response;
11
That on receipt of responses from the association and the employer, the ESR Committee shall determine whether the Report recommendations will be amended and, if so, a Final Report will be issued forthwith. Copies shall be provided to the Association and the employer;
12
That the ESR Committee s Recommendations in its Final Report shall be implemented forthwith by the employer to the extent that doing so does not interfere with the collective agreement or other legal rights.
13
Should the Committee s recommendations in its Final Report require changes to the collective agreement, the parties shall meet within twenty (20) working days to discuss the possibility of such changes. Any such changes to the Collective Agreement shall require the approval of both parties, and shall be subject to such ratification procedures as required.
14
The employer shall pay all the remedial costs.
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