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Model Clause on Redeployment as a Result of the Closure or Restructuring of Academic Units or Programs¹

1
Definitions

1.1
Redeployment is the reassignment of bargaining unit members from one academic unit to a different academic unit or program, which shall only occur as a consequence of closure or restructuring and which may involve retraining.

1.2
Closure is the termination of an academic program or unit solely for bona fide academic reasons, by virtue of a declaration of a program or unit redundancy.

1.3
Restructuring is the redefinition of assigned workload as a result of the reorganization, amalgamation or merger of one or more academic programs or units including the library.

1.4
Program redundancy is the closure of a program for bona fide academic reasons based on academic relevance or enrollments that have been too low to sustain the program, over at least a three year period and are forecast to remain too low for at least a three year period.   Neither the dean nor the registrar shall restrict enrollments in a program if a possible result of that restriction would be to undermine the viability of the program creating an artificial program redundancy.

1.5
An academic program is a course of study recognized and approved by the senior academic body as fulfilment in whole or in part of a degree.

2
Status of Bargaining Unit Members

2.1
Any change to academic programming that would result in the closure or restructuring of academic programs or units must be a part of an academic plan approved by the senior academic body.  The association and all members in the affected programs or units shall receive at least six months advance notice of any proposed closure or restructuring of academic units or programs and of the redeployment plans.

2.2
No member shall be laid off or have their contracts terminated for reasons of program closure or restructuring.  All members shall be offered redeployment with any necessary re-training.  The employer shall bear all costs associated with redeployment.
                               
2.3
Any proposal to redeploy a member shall involve the member and the association in planning discussions.  The employer shall make every reasonable effort to comply with the member’s preferences and shall solicit the member’s proposals for redeployment as part of a pre-planning consultation process.

2.4
If a member who will be redeployed requires retraining or upgrading of skills and qualifications the member shall continue to receive full salary and benefits as provided under the agreement, and the employer shall grant and fully fund an educational leave.

2.5
Any member who is redeployed shall maintain tenure/permanency/continuing status, rank, seniority, salary, benefits and all other privileges under the agreement.

2.6
As an alternative to redeployment, a member may elect voluntary separation under the terms provided in the article on financial exigency.  The employer will provide to the association the details of each voluntary separation.

3
Procedures for the Closure or Restructuring of Academic Units or Programs

A closure or restructuring may only be declared by the Board of Governors and only after a recommendation by a 2/3 majority of the senior academic body.

The motion brought to the senior academic body must be in the form of a report by the academic planning committee, and it can only be brought to the senior academic body six months after it is shared with all affected members, including the association, to provide adequate time for affected unit(s) to respond to the proposed closure(s) or restructuring.

Endnote
1. Ensure that the definition of academic unit is consistent with the usage in your collective agreement.