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Model Clause on Appointments

The appointment process is an important step in ensuring that the institution remains open and inclusive.  This requires that all efforts be made to ensure that positions are advertised as widely as possible, that all candidates are treated fairly, and that all personnel policies, including equity policies, are followed.

1
Definitions¹

In this collective agreement, the following terms apply:

a) limited-term: an appointment for a contractually limited period;

b) tenure-track: a renewable limited-term appointment leading to a tenure decision;
 
c) tenured: an appointment without term following a decision to grant tenure;

d) continuing: an appointment without term granted on the basis of accumulated seniority (see Model Clause on Job Security, Seniority, and Conversion for Part-time Contract Academic Staff);

e) part-time contract: an appointment involving a defined proportion of a full-time workload for a contractually limited period.

2
Advertising

2.1
When the department or appropriate academic unit has been authorized to conduct a search to fill a vacancy or to fill a new position, it shall provide the appropriate academic administrator² with a statement of the qualifications and specific duties required for the position.

2.2
Based on the recommendations of the department or appropriate academic unit, the appropriate academic administrator shall authorize an advertisement containing all relevant information, including:

a)    the type of appointment, as defined in Article 1 above³;

b)    the specific academic discipline and/or specialty sought;

c)    the qualifications, education, knowledge, and skills required;

d)    any special conditions associated with the position;

e)    rank and salary range;

f)    any applicable equity provisions⁴;

g)    a statement of the employer’s commitment to employment equity and diversity in the workplace, together with a clear invitation to women, visible minorities, aboriginal people, persons with disabilities, and persons of any sexual orientation or gender identity to apply; and

h)    the following statement: “All qualified candidates are encouraged to apply; however, Canadians and permanent residents will be given priority.”

In all cases the criteria shall be reasonable and consistent with the provisions of the collective agreement.⁵  No changes to the criteria recommended by the department or appropriate academic unit shall be made without its agreement.

2.3
All positions shall be advertised internally for a minimum of 10 working days using all means necessary to ensure that all members, including members on any type of leave, will know about the position and will be able to make application thereto⁶.

2.4
A qualified internal candidate with a seniority entitlement shall be offered any vacant position as defined in Article 1a) [limited-term].

2.5
a)     If no member of the bargaining unit applies for a position under Article1 b) [tenure-track], or in cases where the selection committee, after careful consideration of all applications from members recommends an open search in accordance with article W (see article 3.1 of the Model Clause on Transfers), the employer shall advertise the position externally by the placement of an advertisement containing the information listed in Article 2.2 above in the CAUT Bulletin and/or associated website and whatever other publications are appropriate.

b)     Where the selection committee recommends an open search, qualified internal applicants with a seniority entitlement shall be placed on the short-list and be interviewed for the position.

3
Selection Committee

3.1
The academic unit to which the position is attached shall evaluate candidates through a selection committee which shall be as inclusive as possible.⁷

3.2
Persons serving on selection committees should be familiar with and have received training in principles, objectives, recent history, best practices, and institutional expectations with respect to employment equity.  Any training shall be agreed to between the parties with advice from the employer’s administrative officer responsible for equity.

4
Assessment Procedures

4.1
After reviewing the complete file of each candidate and seeking input from all members of the academic unit, the selection committee shall provide the appropriate academic administrator with a short-list of candidates to be interviewed.  Each short-listed candidate shall be interviewed by the selection committee.

4.2
The evaluation and ranking of the candidates by the selection committee shall be consistent with the criteria listed in the position advertisement and with employment equity policies.  The committee shall take special care to include candidates who are members of marginalized groups.  Canadians and permanent residents who meet the qualifications for a position must be given priority.

4.3
Prior to the interview, the selection committee shall provide the candidate with a copy of the collective agreement and the published documents describing the benefits and pension plans currently in effect.  At the time of the interview the candidate shall also be given the opportunity to meet with a representative of the academic staff association.

4.4
The interview process shall allow for participation by all members of the academic unit, and must ensure that each candidate is assessed for all requirements of the position including research, teaching, professional activities and service.  All efforts must be made to ensure equitable treatment of all candidates.

4.5
After interviewing the short-listed candidates and seeking input from members of the academic unit, the selection committee shall make a written recommendation regarding appointment to the appropriate academic administrator within ten (10) working days of the final interview.  This recommendation shall clearly state the reasons for the recommendation, including how equity provisions were applied.  The recommendation shall be supported by reasoned advice regarding the type of appointment, rank, previous years of service to be taken into account, and any special conditions of employment that may apply.

4.6
In cases where the selection committee recommends an external candidate, the recommended candidate must be demonstrably better qualified than the best qualified internal candidate.

4.7
In cases where the selection committee recommends a candidate who is not a Canadian or permanent resident, it shall provide an explicit analysis of the qualifications of Canadians and permanent residents who applied for the position which explains why, in the committee’s opinion, they are not qualified for the advertised position.

4.8
The academic administrator may offer an appointment only to an individual so recommended. If they reject the committee's recommendation, the selection committee shall be provided with written reasons for the decision and invited to reconsider the matter.  The  academic administrator may not suggest alternative candidates, different selection criteria, or other significant changes to the nature of the appointment.  In the event that the selection committee is unable to recommend an alternative candidate, the academic administrator shall be invited to reconsider their rejection of the committee’s preferred candidate.  If no resolution can be reached, the position shall be re-advertised.

5
Appointments Review Committee

5.1
All recommendations shall be reviewed by an appointments review committee appointed jointly by the academic staff association and the employer, and containing a clear majority of academic staff members.

5.2
The appointments review committee shall advise the president whether each vacancy was adequately advertised in Canada, whether the qualifications listed were reasonable and the selection procedures fair, whether employment equity policies were adhered to, and whether an active effort was made to recruit Canadians and permanent residents.⁸

6
Letters of Appointment

6.1
All appointments shall be made by a standard letter which shall include the following: dates of commencement and termination; rank; salary; type (i.e. tenure-track, tenured, continuing or limited-term, full-time or part-time); credit for years of service; and the description of any special duties or conditions that may apply provided that these are consistent with the collective agreement.  All letters of appointment shall be copied to the academic staff association.

6.2
Once an appointment offer has been made and accepted, withdrawal of that offer shall be taken to constitute dismissal under the terms of the collective agreement, and subject to the provisions of Article X (See Model Clause on Suspension, Discipline and Dismissal).

7
Limited Term Appointments

7.1
Limited term appointments shall be made for the following purposes and periods only:

a)    to replace an academic staff member on leave or secondment (corresponding to the period of leave or secondment to a maximum of 36 months);

b)    to staff a position funded by a research grant or government program (to a maximum of 36 months);

c)    to staff a position in response to an emergency arising from the sudden death, illness, or resignation of a member (to a maximum of12 months, or 24 months in the case of sick leave or long term disability).

7.2
No limited-term appointment involving teaching for one semester shall be for fewer than six months; limited-term appointments involving teaching for two semesters per year shall be for no fewer than twelve months.

7.3
An academic staff member who serves in a limited-term position for a total of more than 36 months shall be offered a tenure-track appointment and be eligible for renewal and tenure in accordance with the time lines and procedures contained in Article Y (Article on Re-Appointment, Tenure, and Promotion).  In such cases, the member shall receive credit for previous experience⁹.

8
Part-time Appointments

8.1
Courses which cannot be staffed by regular academic staff members as part of their normal workload may be assigned as part-time contracts, and shall be publicly posted in accordance with Article 2.2 above prior to the consideration of applications by the selection committee.  Part-time appointments shall be defined in terms of a percentage of a full-time appointment and shall include a pro-rated amount of teaching, professional, research, and service activity.

8.2
Salary and benefits for part-time appointments shall be pro-rated.

8.3
The number of courses taught by contract academic staff shall in no case exceed X% of the total number of the institution’s course offerings¹⁰.  The employer shall notify the academic staff association biannually, by no later than 1 October and 1 February, of the number of courses taught by regular academic staff and contract academic staff respectively, and shall authorize sufficient regular appointments to ensure that the required ratio is maintained.

8.4
In cases where there are competing qualified internal applicants for a part-time appointment, the candidate with greater seniority as defined in Article Z (Article on Job Security, Seniority, and Conversion) shall be appointed.

8.5
After hiring decisions are finalized, the following information shall be forwarded to the academic staff association:

a)    the name and employment status of the candidate to whom an appointment has been offered;
b)    the total number of seniority credits earned by the candidate;
c)    the workload duties involved;
d)    the original posting stating the required qualifications,
e)     the letter of appointment.

8.6
Where a graduate student employee is primarily responsible for teaching, grading and/or final marks in a course, the graduate student shall be considered the instructor of record and, as such, a contract academic staff member of the appropriate bargaining unit.



Endnotes
1. Definitions vary from institution to institution. In some collective agreements, for example, limited-term appointments as defined in this model clause are referred to as sessional appointments, while the equivalent of tenure for librarians may be referred to as permanence or continuing status.  Ensure that your definitions are consistent with the terms of your collective agreement.

2. Normally, the administrative officer is the dean or the chief librarian. Ensure that your clause identifies this officer and is consistent with existing practice and other provisions of the collective agreement.

3. Other types of appointment, such as cross or joint appointments, adjunct or visiting professorships, should also be clearly defined and care should be taken to ensure that the procedures for advertising, interview, and appointment are consistent with the provisions of the Appointments article.

4. For examples of relevant equity provisions and related contract language, see the CAUT Bargaining Advisory Increasing Representation of Designated Groups on Campus (February 2004).

5. Ensure that any conflict between seniority, equity, and other personnel policies is resolved through consultation and negotiations.

6. This process is necessary to ensure that all persons with any entitlement either under a transfer clause or under the seniority clause are aware of the position.

7. Procedures vary.  The selection committee may consist of the entire department, an ad hoc selection committee established within the department, or a standing committee of the academic unit within which the appointment is made.  Where the committee is insufficiently inclusive, members may be added to remedy this.

8. The academic staff association should negotiate provisions to ensure that the review process takes place in a timely manner.

9. While this may not affect the time line for consideration for tenure, previous experience should be taken into account when determining starting salary and eligibility for sabbatical leave and promotion.

10. What is deemed to be a desirable ratio will vary from institution to institution, depending on the mix of departments and courses taught.  As a minimum one should ensure that the existing ratio is not exceeded.  Ensure that the language is consistent with the academic staff complement article in your collective agreement.