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Canadian Association of University Teachers
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Model Clause on Transfers¹
1
Posting Positions2
1.1
When a vacancy occurs or new positions are created, the employer shall notify the Association in writing and post notices of the position in electronic and hard-copy format on the employer's premises for a minimum of ten (10) working days in order that all members will know about the position and be able to make application thereto. Dissemination of notices regarding vacancies or new positions should include reasonable and sufficient efforts to include equity groups.
1.2
Such notice shall contain the following: the nature of the position, qualifications, required knowledge, education and skills, and the salary range for the position. In all cases the criteria shall be reasonable and, where applicable, consistent with the job descriptions3 contained in this collective agreement and CAUT’s policy on employment equity.
2
Applications for Transfer
2.1
All current academic staff, whether Contract Academic or Regular Academic, regular or limited term, are entitled to apply for a transfer from their current position to positions posted pursuant to Article 1.
2.2
Any member of the bargaining unit4 who applies for a transfer to the posted position shall be considered for the posted position.
3
Transfer to an Academic Position
3.1
If the posted position is within an academic unit5 and involves teaching and/or research the applications of all internal candidates, together with their curriculum vitae, shall be reviewed by the relevant peer committee(s)6 in the academic unit affected by the transfer. The peer committee(s) shall make a recommendation and provide full and complete reasons for its recommendation.
3.2
If the peer committee(s) recommends that an internal candidate be appointed to the posted position, the member shall be transferred to the posted position for a trial period pursuant to Article 6.
3.3
If there is no qualified internal applicant for the position the peer committee(s) may recommend an open search and upon receipt of such a recommendation, the employer shall proceed to fill the position according to Article (cite your existing hiring clause).
4
Transfer to a Library Position
If the posted position is within the library system the applications of all internal candidates, together with their curriculum vitae, shall be reviewed by the relevant peer committee(s) within the library system. The peer committee(s) shall recommend a candidate and provide full and complete reasons for its recommendation.
4.2
If the peer committee(s) recommends that the internal candidate should be appointed to the posted position, the member shall be transferred to the posted position for a trial period pursuant to Article 6.
4.3
If there is no qualified internal applicant for the position the peer committee(s) may recommend an open search and upon receipt of such a recommendation, the employer shall proceed to fill the position according to Article (cite your existing hiring clause).
5
Transfer to an Administrative Position
If the posted position is of an administrative nature, and/or lies outside the bargaining unit, an internal candidate shall be transferred to the posted position for a trial period pursuant to Article 6.
5.2
A member transferred to a position outside the bargaining unit shall retain their seniority and other benefits during the trial period pursuant to Article 6.
6
Trial Period
A member transferred to a new position shall be entitled to a trial period of up to six (6) months. At any time during the trial period, should the member be unwilling or unable to continue in the new position they shall return to their former position at their former salary without loss of seniority, tenure or any other entitlements earned by the member. The employer shall provide and bear the costs of any training required by the member.
6.2
The salary and other conditions of employment of a transferred member shall be adjusted immediately upon appointment to the new position. Such adjustments shall not entail any loss of salary, seniority, or any other entitlement previously earned by the member.
6.3
In the event that a member transferred to a posted position returns to their former position, the vacant position shall be re-posted in accordance with this article. In the event that the transferred member remains in the new position, the vacancy created by that transfer shall be reposted in accordance with this article.
Approved by CAUT Council, April 2012.
1. Ensure that this clause is cross-referenced in your program redundancy and financial exigency clauses.
2. Your collective agreement should already contain clauses on advertising and filling vacancies. In negotiating a transfer clause you must ensure that the posting and other transfer procedures occur prior to any external advertising.
3. If your collective agreement does not have job descriptions, cross-reference either the relevant workload or duties and responsibilities clauses.
4. If your association represents members in more than one bargaining unit, this should read: bargaining units.
5. This wording is inclusive of all academic units, including but not limited to faculties, libraries, research institutes and teaching support units.
6. Hiring procedures differ from institution to institution. Some universities use existing personnel committees while others opt for ad hoc selection committees. This model clause attempts to be generic when referring to peer review committees. Associations should review and modify this model clause to ensure consistency with existing hiring procedures.
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