The employer and institutional governing bodies and councils have an obligation to exercise their rights, powers, and responsibilities in a manner that is equitable, fair, reasonable, and consistent with the terms of the collective agreement.
Where institutional investigations, tribunals, or policies are in conflict with, inconsistent with, or interfere with any of the terms and conditions of the collective agreement, the provisions of the collective agreement shall prevail.
The employer should ensure that any institutional investigation or tribunal respects principles of natural justice.
The association is the exclusive bargaining agent for academic staff who are members of the bargaining unit. The onus is on the employer to provide the association with timely notice of any proposed policy initiative which could affect members. No policy which alters the terms and conditions of employment may be implemented without the agreement of the association.
Any employer breaches of regulations or institutional policies which affect members’ terms and conditions of employment, including but not limited to provisions for collegial governance, should be subject to the grievance and arbitration procedures of the collective agreement.
Disciplinary investigations or actions may only occur under the terms of the collective agreement.
Approved by the CAUT Council, November 2010.