Table of Contents

The words “designated group” shall mean:
(a) The groups designated by the Employment Equity Act, meaning women, disabled persons, Indigenous Peoples and visible minorities; and
(b) Persons protected under Clause 4.01 on the basis of sexual orientation, gender identity and gender expression.

Mi’kmaq people will be given preference among Indigenous Peoples and African Nova Scotians will be given preference among visible minorities.

(h) information about class number for each class assigned for persons appointed with laboratory, clinical and/or other lecture responsibilities and persons appointed to the School of Dental Hygiene and those excluded from the bargaining unit in accordance with Clause 14.22 shall be provided in the same manner as in Clause 7.08(g) within a reasonable time following the implementation of the Banner Administrative Computing Suite.

It is understood and agreed that the limits of confidentiality referred to in this Clause 7.08 and also in Clause 7.07 extend to the publication in any form by the Association of information obtained under the terms of Clauses 7.07 and 7.08.

The Board agrees to provide the Association, free of charge, with the use of reasonable, serviced office space on Dalhousie University premises. Such other services or facilities as the Association may require shall be provided by the Board on the same basis and at the same cost as these services or facilities are provided and actually charged to departments.

The Board shall provide the Association with suitable meeting rooms as required, free of charge on the same basis as voluntary organizations within Dalhousie University, provided reasonable notice is given.

The Board agrees to continue to arrange for a courtesy account for use by the Association. Charges incurred by the Association shall be debited to this account for subsequent payment by the Association. The Association shall pay the amounts debited to the courtesy account within thirty days of being billed. Failure to pay the correct amounts on time will lead to interest charges at the University's bank borrowing rate.

The Board shall not unreasonably deny opportunity for Members to attend meetings and to attend to Association business.

In determining and authorizing a Member's workload, the Chairperson, Head, Director, Chief Librarian and Dean or Vice-President shall not unreasonably refuse a Member a reduction in components of their normal workload if there exists a reasonable expectation that the Member's responsibilities as President of the Association, as a member of the Association's bargaining committee, as a member of a joint committee set up pursuant to this Collective Agreement to facilitate the operation of the Collective Agreement, or as a member of the Grievance Committee of the Association (there being a limit of four in this last category) will impose significant demands upon the Member's time. The President of the Association shall be entitled to a reduction in workload of one full class or its equivalent; and, as designated by the Association no later than 1 July in each year, one Member of the Executive Committee of the Association shall be entitled to a reduction in workload of one full class or its equivalent or two Members of the Executive Committee shall be entitled to a reduction in workload of one-half class or its equivalent. In years in which this Collective Agreement is being negotiated, the Association's Chief Negotiator shall be entitled to a reduction in workload of one-half class or its equivalent. The cost of providing replacements for the reductions in workload for the President of the Association, the designated Member(s) of the Executive Committee and the Association's Chief Negotiator shall be borne by the Board out of the University General Budget.

The Association shall provide a copy of the Collective Agreement, edited by both Parties, and suitable for printing, and the Board shall provide the Association 100 copies of the Collective Agreement at no extra cost. The Association may purchase such number of additional copies as it requests, at a charge no greater than the actual cost to the Board of reproduction of the Collective Agreement. The Board agrees to email a searchable PDF copy of the Collective Agreement to each Member a copy of this Collective Agreement. The Board shall also provide a hard copy of the Collective Agreement to any Member or appointee upon request.

The Board agrees to appoint as a trustee of the Dalhousie University Pension Trust Fund a person nominated by the Association. The Board agrees to appoint as a trustee of the Dalhousie Retirees' Trust Fund, a person nominated by the Association. The Board shall not cede its right to appoint a person nominated by the Association as a trustee for the Dalhousie University Pension Plan without thorough prior discussion with the Association.

The Board agrees to continue the appointment as members of the Employee Benefits Committee, in accordance with Clause 32.06, of two persons nominated by the Association.

(e) effectiveness of the librarian's performance in administrative and supervisory duties.

If the librarian has duties in more than one unit of Dalhousie University, consideration shall be given to performance in all of these. Particular strength in some criteria may be considered as counterbalancing relative lack of strength in others so that decisions taken are based on an overall assessment of performance, but in no case shall reappointment, promotion, or appointment without term take place if performance in any of the criteria in Clause 11.02(a) to (d), and if appropriate (e), is less than satisfactory. A librarian's responsibilities need not include supervisory and/or administrative duties. In such a case, a librarian will not be denied reappointment, promotion, or appointment without term because they do not perform supervisory or administrative duties.

Appointments of professional librarians shall be of three kinds:
(a) probationary appointments;
(b) appointments without term;
(c) limited-term appointments.

The duration of these kinds of appointments, and the process of appointment and reappointment are described in Article 14 of this Collective Agreement. Limited-term appointments may be made to replace a librarian on leave, to appoint a librarian for a special project of limited duration, or to hire staff who will be paid fifty percent or more salary from limited-term, external contract or grant funds awarded to the University, or to replace a librarian who has left the University with less notice than that specified in Clause 24.01 where a regular appointment cannot reasonably be made in the time available, and in the last case, the appointment shall not exceed 12 months.

There will be four ranks for librarians: promotion to the ranks of Librarian 2, 3 and 4 shall take place only when the Member's performance satisfies the requirements of Clause 11.02, and such additional requirements as are specified below.

(a) Librarian 1: This is the entering level for a new graduate in Library Science and for a beginning professional librarian with equivalent relevant experience. This is the junior rank of a librarian whose work is performed under the supervision of an experienced librarian.

(a) Each instructor Member shall receive a copy of their job description and a copy shall also be provided to the Association.

(b) An instructor Member whose workload exceeds the normal workload performed in accordance with their existing job description and the existing policies and procedures within the Department shall be entitled to additional remuneration as described in Clause 31.73.

a) Appointment of instructor Members shall be one of three kinds:
(i) probationary appointments;
(ii) continuing appointments;
(iii) limited-term appointments.

The duration of these kinds of appointments, and the process of appointment and reappointment are described in Article 14, and Clauses 12.16 and 12.17. Limited-term appointments shall only be made pursuant to Clause 14.16(a), Sub- Clauses (i), (ii), (iii), (vi), (vii), (x) and Clause 14.16(b), Sub-Clause (vi). Instructor Members holding limited-term appointments shall be informed of the limited-term of their appointment in their letter of appointment. Initial appointment of instructor Members shall normally be as Instructor.

(a) A Departmental Appointments Committee shall make recommendations to the Dean through the Chairperson regarding all appointments, reappointments, continuing appointments, and promotion to University Teaching Fellow and such committee shall include an instructor Member (other than the individual under consideration) from the Department. When no other instructor Member is available from the Department, then an instructor Member shall be named by the Association to serve on the Departmental Appointments Committee. No instructor Member shall be appointed or reappointed or promoted to University Teaching Fellow unless they have been recommended by such a committee. Each Department shall develop written procedures for the evaluation and assessment of instructor Members, based upon the criteria set out in this Article 12, and such evaluation and assessment shall normally take place no later than 31 October. In the case of reappointment or consideration for a continuing appointment or promotion to University Teaching Fellow the instructor Member shall have the right to be heard by and submit a written statement to the Departmental Appointments Committee.

i) In the case of an application for reappointment, continuing appointment or promotion, those members who identify as Indigenous or African Nova Scotian may elect to have an Indigenous or African Nova Scotian non-voting representative on their Department-level Committee. The representative will be chosen by the member and must be arm’s length and have an academic appointment at Dalhousie University. The role of the representative is to provide advice to the Committee on any aspect of the Member’s application that may be a reflection of the Member’s heritage and/or identity. The representative may prepare an independent report to be added to the Member’s file.

(a) An instructor Member, after completion of at least four (4) years of service or as provided in Clause 12.14, shall have the right to be considered for classification as Senior Instructor, and upon classification as Senior Instructor appointment shall be on a continuing term basis commencing at the beginning of the sixth year. In counting years of service towards a continuing appointment as Senior Instructor, any years in which a Member would have been eligible for membership in the bargaining unit, had it existed, may, with the consent of the instructor Member, be included. Subject to Article 28, an instructor Member with a continuing appointment may be dismissed for cause; in addition, their appointment may be terminated in accordance with the provisions of this Collective Agreement relating to resignation, retirement, or through the procedures provided in Articles 25 and 27.

(c) In evaluating Technology Instructor Members for appointment, reappointment, and continuing appointment, consideration shall take account of:

(i) formal qualifications or their equivalent;
(ii) relevant professional experience;
(iii) where applicable, effectiveness of the Technology Instructor Member’s performance of the duties and responsibilities specified in their letter of appointment, job description, and in Article 12.

(a) There shall be a Counsellor Appointments Committee composed of all professional counsellor Members. Its procedure with respect to appointments and reappointments are given in Clause 14.11 of this Collective Agreement. In case of consideration of continuing appointment, the Director shall make a recommendation after consulting with the Counsellor Appointments Committee, which for this purpose shall be augmented by a person mutually agreeable to the Director and the Vice-Provost (Student Affairs).

i) In the case of an application for reappointment or continuing appointment those members who identify as Indigenous or African Nova Scotian may elect to have an Indigenous or African Nova Scotian non-voting representative on their Department-level Committee. The representative will be chosen by the member and must be arm’s length and have an academic appointment at Dalhousie University. The role of the representative is to provide advice to the Committee on any aspect of the Member’s application that may be a reflection of the Member’s heritage and/or identity. The representative may prepare an independent report to be added to the Member’s file.

The duties of professional counsellors, in varying proportions dependent upon the Member's qualifications and actual workload, fall within the following categories:

(a) counselling for career, study effectiveness and personal concerns, individually or in groups;
(b) professional study, especially as related to counselling, both in assessment and in intervention aspects, and the outcome of these;
(c) service to Dalhousie University both in administration and providing professional expertise which may include, but need not be limited to the development and implementation of preventive services and programmes, and working in cooperation with other members of the University community to enhance the academic excellence of the University and the quality of student life;
(d) supervision and training of students;
(e) professional responsibilities outside Dalhousie University.

If it is necessary to reduce the number of Members employed in the Centre, the following steps shall be taken in order until the necessary reduction is made:

(a) Through the following arrangements in cooperation with Members and the Association-Board Committee:

(i) regular retirements and resignations and the non-replacement of Members who leave the university or otherwise terminate their employment;
(ii) voluntary transfers to other duties within Dalhousie University;
(iii) voluntary early retirement or voluntary reduction in workload and commensurate salary;
(iv) voluntary separation;
(v) voluntary retraining for other available positions within Dalhousie University for which the Member may, in the judgement of a concurrent majority of the Association-Board Committee, be reasonably qualified.

(b) If the arrangements set out in Clause 13.11(a) will not result in the elimination of the number of positions required within a reasonable period of time, the Board, in consultation with the Association-Board Committee, may proceed with the following steps in sequence as necessary to make the required number of reductions:

(i) non-renewal of initial probationary and of initial limited-term appointments under Clause 14.16(b);
(ii) non-renewal of renewed limited-term appointments under Clause 14.16(b);
(iii) non-renewal of renewed probationary appointments;
(iv) redeployment of Members with continuing appointments (on the recommendation of the Association-Board Committee) to other available positions for which they are qualified (or for which they can reasonably be retrained) and which they are willing to accept.

The Association-Board Committee will make all reasonable efforts to find alternative positions for Members affected by steps under Clause 13.11(b).

(c) If Members holding continuing appointments are unwilling to be redeployed or if there is no possible job for which the Member could qualify with reasonable retraining, the Board may lay the Member off with at least the same notice, recall rights and any other rights and privileges provided to Members or laid-off former Members under Clause 27.28(b), but with an additional six months’ severance pay. In the case of retraining under (a)(v) and (b)(iv) above if carried out at Dalhousie University, the Board shall provide that without cost to the Member or Members. If retraining will be at another institution, the Board shall pay the tuition costs as these are judged to be necessary by the Association-Board Committee.

All appointments of professional librarian Members, employed to carry out the duties of professional librarians, shall be to one of the ranks given in Clause 11.05 of this Collective Agreement. All appointments of instructor Members shall be to one of the ranks given in Clause 12.11(b); all appointments of professional counsellor Members shall be to the rank of Counsellor. All appointments of professional research Members shall be to one of the ranks given in Clause 10.01 or Clause 14.04 of this Collective Agreement. All appointments of Continuing Education Members shall be to one of the ranks given in Clause 37.08. Appointments of such Members to any other ranks must be approved by the Association-Board Committee.

Appointments of Members of the teaching staff, except for instructor Members, shall be made to one of the following ranks:
(a) Lecturer;
(b) Assistant Professor;
(c) Associate Professor;
(d) Professor.

Appointments to any other ranks for Members of the teaching staff must be approved by the Association-Board Committee.

(c) When a position for a Member other than professional librarian, instructor and professional counsellor Member occurs within the bargaining unit, the position shall be advertised in appropriate publications which normally shall include, if publication time permits, at least University Affairs, the CAUT Bulletin and one Canadian professional publication, if such exists, unless the department determines that advertising shall occur in other publications. If publication time does not permit such normal advertising, any appointment made shall be in accordance with Clause 14.16(a)(i), (vi), (vii) or (viii) for a period no longer than one year, and normal advertising shall take place no later than 1 April, following the date of the limited-term appointment. Notwithstanding the above, no advertising is required for appointments made pursuant to Clause 14.16(a)(iii), (iv), (v) or 14.16(b)(ii), (iii) or (vi). Additionally, no advertising shall be required for positions within the bargaining unit when

(i) the candidate for that position is acceptable to the department in accordance with the procedures of Clause 14.11 but has been selected by an external agency which principally funds the initial appointment including, but not limited to, positions such as CIAR Fellowships and NSERC University Faculty Awards and other similar appointments, and

(ii) the Board seeks to renew the appointment of a Member who was appointed following a full national search authorized by Clause 14.11(c). Reappointments without further advertising under this Clause will be granted to permit a maximum of six years’ consecutive service before advertising shall be required again. No advertising shall be required for the first-time reappointment made pursuant to Clause 14.16(b) (vii), provided that advertising occurred for the first appointment pursuant to this clause and subject to a maximum of ten years in total.

(a) Unless early consideration for tenure has been agreed, a probationary or probationary tenure-track appointee shall be considered for reappointment no later than the fall term of their third year but, with the mutual consent of the Member and the Chairperson, Head, Director, Chief Librarian or Dean, may be considered as soon as the spring term of their second year. The procedures used shall be those given in Clause 14.11 and 14.15. A decision shall be reported to the Member by 31 October of that year if there is fall consideration and 30 April if there is spring consideration. If reappointment is not offered, the reasons shall be given in writing, to the Member upon their request at the same time as they are informed of the decision not to reappoint. Assessment of a candidate for reappointment shall be based on evidence that:

(i) the relevant provisions of the previous appointment have been respected and fulfilled, where appropriate;
(ii) the quality of the teaching, librarianship, research, scholarly, artistic and/or professional activity has been satisfactory. Particular strength in some characteristics may be considered to counterbalance relative lack of strength in others so that decisions taken are based on an overall assessment of performance and worth. No Member may be reappointed, however, if performance in any characteristic is less than satisfactory;
(iii) programme and budgetary considerations have been satisfied, in accordance with the provisions of Articles 25, 26 and 27 of this Collective Agreement.

The Parties agree that Article 14 includes all categories of limited-term appointments. See also Letter of Understanding (Appendix IV). In all cases where the approval or no disapproval of the ABC is required, a Member shall not commence employment unless and until the agreement of the parties is confirmed by the two co-chairpersons either in writing or via email and subsequently ratified by the parties. However, the parties acknowledge there may be exceptional circumstances where prior approval of the ABC before the Member commences employment is not possible. In these circumstances, the Board will endeavour to obtain the agreement of the ABC prior to the Member commencing employment. The agreement of the parties will be confirmed by the two co-chairpersons either in writing or via email, and subsequently ratified by the parties. Members with limited term appointments of ten months or longer in three consecutive years shall be notified at least four (4) months prior to the expiry of the last appointment as to whether or not their appointment will be renewed. Failure to inform a Member four (4) months prior to the expiry of the last appointment shall constitute renewal for the lesser of (a) another appointment of the same duration; or (b) a one-time renewal for one (1) year. Except for appointments made under Clauses 14.16(b)(v), (vi) or (vii), appointments for a fixed and limited term normally shall be for a period of one to three years. Appointments made under Clauses 14.16(b)(v) or (vi) may be for such period, not exceeding five years, as the funding is expected to continue; appointments made under Clause 14.16(b)(ii) shall be for a period of three years and appointments made under Clause 14.16(b) (vii) shall be for a period of four years or more. If an appointment to the teaching staff is to be for less than one year, an explanation of the circumstances of the person who is to become a Member and the duties to be performed shall be provided to the Association-Board Committee and the appointment may be made for less than one year unless disapproved by the Association-Board Committee. Subject to Clause 14.17, appointments for a fixed and limited term of no more than three years, or five years in the case of appointments made under Clauses 14.16(b)(v), (vi), or four years or more in the case of appointments made under Clause 14.16(b)(vii), to one of the ranks provided in Clause 14.04 or Clause 10.01 shall be of the following kinds:

(a) Not renewable without approval of the Association-Board Committee, when:

(i) appointment is made to replace a Member on leave; or to replace some or all of the duties and responsibilities vacated by a Member who has elected partial reduction of workload and salary including reductions as a result of Clause 7.13;
(ii) the appointment is to a programme or activity which is established on an experimental or limited-term basis of no longer than three years. If a programme or activity of this nature is to continue beyond three years, the Association-Board Committee shall determine whether it remains experimental in nature for a further limited term. If the committee so agrees, appointments may be renewed or made for that further limited term. If the committee decides that the programme or activity is no longer experimental, appointments and reappointments shall be made as probationary, probationary tenure-track or tenure track appointments;
(iii) the appointment is for a period following retirement from Dalhousie University;
(iv) the appointment is a visiting appointment of an established scholar who has a continuing appointment elsewhere or has retired from such an appointment;
(v) the appointment is to bring a distinguished public figure to Dalhousie University;
(vi) the appointment is necessary to fulfill teaching responsibilities formerly assigned to a Member who has resigned from Dalhousie University but with less notice than specified in Clause 24.01;
(vii) the appointment is recommended by a Department or other similar unit to meet essential teaching responsibilities when no acceptable candidate is available to fill an approved, regular appointment because the acceptable candidate for an approved, regular appointment has a deferred start date, or because the search for an approved, regular appointment has failed or has not yet concluded;
(viii) the appointment is needed to accommodate unexpected enrolment increases;
(ix) the appointment is necessary to fulfill primarily academic administration duties within the Faculty or other such unit;
(x) the appointment is necessary to fulfill duties for reasons not described in other Sub-Clauses of Clause 14.16.

(b) Renewable, as decided by the Board using the procedures specified in Clause 14.11 and provided that the number of Members holding appointments in accordance with Clause 14.16 (b)(i) to (b)(iv) shall not exceed five percent of the bargaining unit, when:

i) the appointment is made without prospect of tenure consideration on the recommendation of the Senate, to meet a special need of the department or other unit, or of the University;
(ii) the appointment is for three years and is not one where tenure would be appropriate because the qualifications of the person to be appointed do not meet those expected of candidates for tenure consideration but the person has professional qualifications or experience which would be of value in a Programme of the Department, School, Faculty, College or other unit concerned;
(iii) the appointment at Dalhousie University is contingent upon the continuance of an appointment at another institution;
(iv) the appointment is made to carry out duties vacated by a former Member while holding a position for a limited term which position excludes that person from the bargaining unit;
(v) the appointment is wholly funded from the bequest of Dorothy J. Killam to Dalhousie University;
(vi) the appointment will be funded fifty per cent or more from external contract or grant funds;
(vii) the appointment is for four years or more and is not one where tenure would be appropriate because the qualifications of the person to be appointed do not meet those expected of candidates for tenure consideration but the person has professional qualifications or experience which would be of value in a Programme of the Department, School, Faculty, College or other such unit concerned.

The Parties agree that in that part of Dalhousie University in which teaching, research, artistic, professional library or professional counsellor staff are included in the bargaining unit, the duties of Members shall not be redistributed to part-time or other staff excluded from the Bargaining Unit.

(a) To assure this is so, in the case of those Members other than instructor and professional counsellor Members, and with due regard for the need to maintain flexibility, the percentage of the total duties similar to those performed by Members which are actually performed by Members shall not fall below ninety percent without the approval of the Association-Board Committee. This percentage is based upon the fact that there were 636 Members and 146 persons excluded who were doing bargaining-unit duties (or held appointments of this kind) on 7 April 1978; an allowance of one-third of a Member's duties shall be used for each person excluded and this made the percentage on 7 April 1978 equal to 636 x 100/(636 + 146/3) = 92.8.

This Clause shall apply when a candidate who is under consideration, or who has been recommended, for an academic or senior administrative appointment states that their acceptance of an offer is contingent upon their spouse obtaining an academic appointment. This Clause shall also apply when an academic or senior administrative appointee states that their continued employment is contingent on their spouse obtaining
an academic appointment. Senior administrative appointments are those outlined in the Policy on Senior Administrative Appointments (revised by Senate, June 11, 2001, and approved by the Board of Governors, June 26, 2001).

(a) The Department or other such unit in which the spousal appointment would be sought must first consent to the consideration of the spousal applicant as the sole candidate, and so recommend to the Dean or Chief Librarian.

(f) When a spousal candidate is being considered for appointment, that candidate shall possess the qualifications and experience required for the appointment for which the candidate is being considered. In addition to other evidence of qualification, the spousal candidate shall be required to demonstrate competitiveness by following all normal forms of internal assessment including:

(i) A campus visit, an interview and any presentations that would normally be expected.
(ii) They also need to show evidence of competitiveness in one of the following three external types of assessment:
a. They currently hold or have held an appointment comparable to the spousal appointment at another University within five (5) years of the date of application for the spousal appointment; or
b. They have been short-listed for not fewer than two (2) such appointments within five (5) years of the date of the application for the spousal appointment; or
c. They will provide written assessments of competitiveness from qualified persons, normally Chairs, Heads, Directors, at not fewer than three (3) other Universities.

(c) Notwithstanding anything in this Agreement, the following procedure shall apply to any grievance arising out of a recommendation of the President under Clauses 15.24(b) and 15.30(c):

(i) the grievance shall go directly to arbitration by a single arbitrator under Clause 29.13 or 29.21;
(ii) the arbitrator shall hear and determine the grievance within ninety (90) days of the communication to the Member of the President’s recommendation;
(iii) the ninety (90) day requirement shall not be waived or extended.

(b) The Chairperson, Head, Director or Dean shall obtain written recommendations from persons outside Dalhousie University unless the Member and the Dean agree that such letters are inappropriate. Any request for a written recommendation shall include a statement of the criteria. (Refer to Appendix VI)

In choosing the names of persons to be approached for recommendations, the Chairperson, Head, Director or Dean shall consult the departmental committee, and the Member; at least half of the persons approached for recommendations shall be the choice of the Member. The Member and Chairperson, Head, Director or Dean shall each be entitled to comment on the suitability of the persons approached.

Before the Chair, Head, or Director of a Department formally considers a Member for tenure, they shall inform the Member concerned. In Faculties where Departmental tenure committees are provided for, the Member shall have the opportunity to be heard by, and to submit a written statement to, the appropriate Departmental committee. The Chair, Head, or Director of the Department or School shall in due time make a recommendation to the Dean and in doing so shall indicate any dissent from their recommendation among members of the appropriate Departmental committee, or, if there is no committee, among other members of the Department. If the recommendation of the Chair, Head or Director is that tenure not be granted, the Member concerned shall be advised by the Chair, Head or Director of the recommendation made to the Dean.

(i) In the case of an application for tenure, those members who identify as Indigenous or African Nova Scotian may elect to have an Indigenous or African Nova Scotian non-voting representative on their Department-level Committee. The representative will be chosen by the member and must be arm’s length and have an academic appointment at Dalhousie University. The role of the representative is to provide advice to the Committee on any aspect of the Member’s application that may be a reflection of the Member’s heritage and/or identity. The representative may prepare an independent report to be added to the Member's file.

A Member who requests consideration for promotion shall submit such request, together with the documentation which the Member believes is relevant, to the Member's Chairperson, Head, Director or Chief Librarian no later than 15 September in the academic year in which such consideration is to occur.

For instructor Members, promotion shall occur when a probationary appointment is converted to a continuing appointment or a University Teaching Fellow. Procedures for instructor Member promotions and/or converting a probationary appointment to a continuing appointment are given in Articles 12 and 15 of this Collective Agreement.

Consideration for promotion shall be by a committee within the Member's Department, School, Library or similar unit, elected by the members of that unit, and by the Chairperson, Head or Director, and professional librarian Members by the Chief Librarian. In no case shall deliberations be transacted in the absence of a quorum, which shall be two-thirds (2/3) of the members of the Committee (rounded to the nearest whole number). In the event of a resignation from the Committee before the Committee has begun to interview candidates, the resulting vacancy shall be filled by election. If interviews with candidates have commenced, the vacancy shall remain unfilled for the balance of the deliberations.

For Continuing Education Members, consideration for promotion shall be by the College of Continuing Education Promotions and Tenure Committee as set out in Article 37. Except to the extent as modified by the said Article 37, the provisions of this Article 16 shall apply to Continuing Education Members. The recommendation of the committee, and of the Chairperson, Head, Director or Chief Librarian, together with all documents and other evidence on which they are based, shall be passed to the Faculty level as provided by Clause 16.02 by 30 November of each year.

(i) In the case of an application for promotion, those members who identify as Indigenous or African Nova Scotian may elect to have an Indigenous or African Nova Scotian non-voting representative on their Department-level Committee. The representative will be chosen by the member and must be arm’s length and have an academic appointment at Dalhousie University. The role of the representative is to provide advice to the Department Head on any aspect of the Member’s application that may be a reflection of the Member’s heritage and/or identity. The representative may prepare an independent report to be added to the Member’s file.

Consideration for promotion at the Faculty level shall be initially by a committee within the Member's Faculty, elected by the members of that Faculty. For professional librarians, the Library System Appointments Committee described in Clause 11.08 of this Collective Agreement is the Faculty-level committee. Recommendations from such a committee shall be made by 15 February. In no case shall deliberations be transacted in the absence of a quorum, which shall be two-thirds (2/3) of the members of the Committee (rounded to the nearest whole number). In the event of a resignation from the Committee before the Committee has begun to interview candidates, the resulting vacancy shall be filled by election. If interviews with candidates have commenced, the vacancy shall remain unfilled for the balance of the deliberations. Consideration for promotion shall be then by the Dean or Vice-President, whose recommendation shall be made to the President by 31 March. The recommendation from the Dean or Vice-President shall indicate any dissent from the recommendation at the level of the Department or similar unit or by the Faculty committee.

In any case where a member of the Faculty committee has participated in the current promotion proceedings of a Member by:

(a) providing a written or oral submission to the committee referred to in Clause 16.01, or
(b) serving as a member of the committee referred to in Clause 16.01, they shall not participate in the promotion proceedings for that Member at the Faculty level.

On the initiative of the Member or appropriate Chairperson, Head, Director or Dean, a Member may be considered for promotion from the rank of Assistant Professor to that of Associate Professor but, failing such an initiative, the Dean shall inform the Member by 15 August, in the fifth year of their appointment as Assistant Professor, that they are eligible to be considered for promotion to the rank of Associate Professor. Where
consideration for promotion to the rank of Associate Professor takes place in the same year as tenure is awarded, written recommendations in support of the latter shall count also as evidence for the promotion, and no other shall be required. In any other case, the Chairperson, Head, Director or Dean may obtain written recommendations, normally two.

In choosing the names of persons to be approached for recommendations, the Chairperson, Head, Director or Dean shall consult the committee, referred to in Clause 16.01, and the Member; at least half of the persons approached shall be the choice of the Member. The Member and the Chairperson, Head, Director or Dean shall each be entitled to comment on the suitability of the persons approached.

On the initiative of the Member or the appropriate Chairperson, Head, Director or Dean, a Member may be considered for promotion from the rank of Associate Professor to that of Professor, but failing such an initiative, the Dean shall inform the Member, by 15 August, in the fifth year of their appointment as Associate Professor, that they are eligible to be considered for promotion to the rank of Professor.

Subject to Clause 16.06(a), promotion to the rank of Professor shall be recommended only when solid evidence is established that the Member has attained standards of competence in both teaching and scholarship appropriate to a new full Professor and that the Member has attained and is likely to maintain a high level of effectiveness in teaching and/or scholarship and that their teaching or scholarship represents a significant contribution to their discipline or to the University.

The Chairperson, Head, Director or Dean shall obtain written recommendations from persons outside Dalhousie University, normally four, unless the Member and the Dean agree that such letters are inappropriate. Any request for a written recommendation shall include the text of this Clause 16.11.

In choosing the names of persons to be approached for recommendations, the Chairperson, Head or Director shall consult the committee, referred to in Clause 16.01, and the Member; at least half of the persons approached for recommendations shall be the choice of the Member. The Member and Chairperson, Head, Director or Dean shall each be entitled to comment on the suitability of the persons approached.

When promotion is considered principally on the ground that the Member has attained and is likely to maintain a high level of effectiveness in teaching, the solid evidence required shall include peer evaluations and/or student evaluations subject to Clause 18.09. Other evidence may include, but is not limited to: development of new courses; updating of existing courses; effective use of innovative teaching aids and techniques; development of innovative teaching aids and techniques; involvement in curriculum development; organization of field schools, laboratories or clinical practica; successful direction of the research of undergraduate and/or graduate students; successful public and/or continuing education activities; publication or production of books, articles, films or recordings which elucidate and advance teaching effectiveness; formal recognition as an excellent teacher.

An appointment within Dalhousie University, and especially the right of academic freedom as provided in Article 3, carries with it a corresponding responsibility on the part of Members to use their freedom responsibly, with due concern for the rights of others, for the duties appropriate to a university appointment, and for the welfare of society. Members have a continuing responsibility to maintain intellectual vitality, to contribute to the work of their Departments, Schools, or Colleges and Faculties, and of the University, and to ensure that students have reasonable and adequate access to their attention.

It is the responsibility of Members to be fair to their students, to foster a free exchange of ideas, to avoid unjust or improper discrimination, and to avoid any exploitation of students, or other employees.

Members have the obligation to defend the right of their colleagues to academic It is unethical for them to act so as deliberately to infringe that freedom. Members must strive to be fair and objective when presenting a professional judgment of a colleague and refrain from unjust criticism of the character or competence of colleagues.

Subject to Article 18, Members have the responsibility to respect the confidentiality of information about a colleague gained during participation in a committee dealing with such matters as appointment, reappointment, promotion, tenure, continuing appointment, appointment without term, dismissal or in the discharge of other administrative duties or responsibilities.

Members shall not reveal information about students, whether concerning their academic progress, their personal life, or their political or religious views, except in the normal provision of grades or references within Dalhousie University or to another educational institution, or as may be authorized by the student concerned.

Members have the responsibility to acknowledge in their scholarly lectures and publications academic debts to colleagues and It is unethical to exploit the unpaid work of colleagues or students for personal gain.

The duties of Members holding appointments as professional librarians, instructors or professional counsellors are described respectively in Article 11, Article 12 and Article 13. For Members holding other appointments, Clauses 17.08 to 17.21, inclusive, apply.

The duties of Members will, unless otherwise specified in a Member's letter of appointment, normally fall within the following categories:

1. undergraduate and/or graduate teaching;
2. research, scholarly, artistic and/or professional activity;
3. academic administration within Dalhousie University;
4. professional responsibilities outside Dalhousie Univesity.

The duties of Members appointed to one of the research ranks specified in Article 10 may be adjusted to take due account of any special responsibilities associated with the research appointment. The duties of Members appointed to an academic administrative position as Chairperson or Head of a department shall be adjusted by agreement between the Member and the appropriate Dean to take due account of the special responsibilities associated with the academic administrative appointment. The duties of Continuing Education Members shall be adjusted to take account of the special duties and responsibilities for Continuing Education Members as described in Clause 37.05.

Members have a responsibility to give an account of their duties described in Clause 17.08 (or in Article 11, 12 or 13 for professional librarians, instructors or professional counsellors respectively) by completing and returning such an annual report as may be requested by the Dean or Vice-President within reasonable time limits as specified by the Dean or Vice-President. The Parties agree that standardized annual accounts are not sufficient documentation of Members' career development, neither are they sufficient documentation in consideration for promotion, tenure, or reappointment, and they shall not be used as such.

TEACHING

Members with teaching responsibilities have an obligation to make all reasonable efforts to develop and maintain their scholarly competence and effectiveness as teachers within the area of expertise in which they are employed, to prepare, organize, and present their subject matter so as to facilitate comprehension by their students, and to revise that subject matter when appropriate.

While it is recognized that there shall be consultation with and among Members on the assignment of teaching duties, once such duties have been assigned, it is the responsibility of the Member to teach the assigned courses to students duly registered in them in accordance with schedules and curricula as approved from time to time by the Department, School, College, Faculty or Senate.

Teaching responsibilities include reasonable availability for consultation with students out of class or laboratory hours. Members have a responsibility to inform students of their availability, and to endeavour to provide periods of time which are likely to be convenient for the Supervision of students, their research and practical work, thesis preparation and participation in the evaluation of theses, especially in the case of graduate teaching, are integral components of teaching responsibilities and Members' workloads.

Members shall comply with procedures and deadlines for reporting and reviewing the grades of their students and with other regulations, procedures and deadlines as may be established or authorized by the Senate, Faculties, Schools, Colleges or Departments of Dalhousie University, provided these are consistent with this Collective Agreement and are published.

Except as may be provided for in this Collective Agreement, or approved or authorized by the Senate or the Board, or for valid academic reasons, or for reasons beyond the Member's control, Members shall not cancel or terminate scheduled instruction. Any cancellation or termination of scheduled instruction shall be reported to an appropriate administrative officer of the University, and every effort shall be made by the Member to notify the students in advance.

RESEARCH, SCHOLARLY, ARTISTIC AND/OR PROFESSIONAL ACTIVITY

All research, scholarly, artistic and/or professional activity conducted by Members in the course of their duties shall have as its primary objectives the increase of knowledge and understanding, artistic creation, the improvement of the scholarly or professional competence of the Member as a member of the academic staff of the University, and the improvement of teaching. When research, scholarly, artistic and/or professional activities are reviewed and assessed in relation to reappointment, tenure, promotion, or salary increases, they shall be assessed in relation to these primary objectives. Such review and assessment shall likewise take due account of the quality and not merely the quantity of such activities. In keeping with the Boyer model, scholarship includes the scholarship of discovery, the scholarship of integration, the scholarship of application and/or the scholarship of teaching. Review and assessment of scholarship should recognize non- traditional forms of scholarship and traditional ways of knowing.

Unless otherwise specified in a Member's letter of appointment, Members have the right and responsibility to devote a reasonable proportion of their time to research, scholarly, artistic and/or professional Insofar as it is within its power, the University will endeavour to facilitate these activities.

It is the responsibility of Members to make the results of their research or scholarly activities available when appropriate for review and assessment in connection with reappointment, tenure, promotion, or salary increases. It is agreed that research, scholarly, artistic and/or professional activities may take a variety of diverse forms and contributions to the University may arise from a variety of accomplishments including, but not limited to, publications, unpublished papers, transcripts or tapes of broadcast material, films, and other art forms as appropriate to the subject matter of the Member's work. Research carried out under contract may be considered as evidence of the Member's scholarly activity or reputation, and it will be assessed as research if the results of the work are available to others and meet acceptable standards of scholarship as judged by peers.

ACADEMIC ADMINISTRATION WITHIN DALHOUSIE UNIVERSITY

The Parties recognize that the self-governance of the University depends upon the willing participation of Members in the activities of their Departments, Schools, Colleges, Faculties, and in the Senate and other bodies to which a Member may be elected or appointed. Insofar as such is consistent with their primary responsibilities in teaching and research, Members have the right and the responsibility to participate in such bodies when called upon to do so or when elected to such bodies. Service to the Association shall be treated neither more nor less favourably by Departments and other units of Dalhousie University than committee and similar duties performed for Departments, Faculties and Dalhousie University generally, for purposes of assessing and evaluating a Member's contribution to academic administration within Dalhousie University.

PROFESSIONAL RESPONSIBILITIES OUTSIDE DALHOUSIE UNIVERSITY

Subject to Clause 17.22, Members have the right, and in some cases the responsibility, to participate in the activities of appropriate professional associations, learned societies or other bodies whose work is supportive of research, scholarship, artistic creation and/or professional development, insofar as such participation is consistent with their primary responsibilities within Dalhousie University or as may be provided elsewhere in this Collective Agreement.

In statements outside the University, Members shall not claim to speak on behalf of Dalhousie University unless specifically authorized to do so.

Personal files are all files containing evaluative materials on Members, and any other information pertaining to the employment of Members. Subject to this definition:

(a) the Board shall maintain in the Dean’s offices, and in a form determined by it, a Principal Personal File for each Member and this file shall contain, subject to Clause 18.10, the original or a copy of all documents substantively relevant to the employment of a Member, including evaluative material

(c) the Association shall inform each affected Member of the location of personal files it holds, and shall ensure access to any such files.

Upon presentation of identification, Members shall have the right to examine, during regular office hours, all of the contents of their personal files, except confidential letters or similar documents of recommendation, which shall be held confidential subject to Clause 18.11. Access to personal files shall not be unreasonably withheld. Where personal files or parts of personal files are maintained by the Board or the Association only in computer-readable form, the right to examination given in this Clause 18.02 shall be accomplished through computer programs fully adequate to the purpose of fulfilling this right and these programs shall not encroach on the personal files of other persons.

Members shall have the right to have included in their Principal Personal Files, or in a personal file maintained by the Association, additional, relevant, evaluative material provided by themselves, including their written comments on the accuracy or meaning of any of the contents.

The Board and the Association shall not unreasonably refuse to remove from a personal file material which can be shown to be false or A Member who believes such material to be in their file shall have the right to petition for its removal by the appropriate official of the Board or the Association.

Whenever non-confidential material is to be removed permanently from a Member's Principal Personal File with the purpose of being destroyed, such material shall be given to the Member concerned.

Members, on request to the University or Association officer holding a file, may receive at their own expense copies of any documents to which they have the right of examination.

Except as specified in this Collective Agreement and for the internal administrative purposes of Dalhousie University (including committees considering promotion, tenure, reappointment, disciplinary action, or the resolution of grievances) the contents of the personal files of Members shall not be released or made available to any other person or institution except as part of established procedures of peer evaluation or accreditation, or with the express written consent of the Member involved, or as required by law.

Anonymous evaluative material concerning any Member shall not be kept in any personal file or submitted in any formal deliberation, action, hearing, or proceeding involving any Member except as provided in Clause 18.09.

(a) Multiple-choice responses and other coded material gathered as a result of any collective teacher evaluation authorized by the Senate or any Faculty of Dalhousie University shall not be considered anonymous material under the terms of Clause 18.08. Comments and remarks written by respondents during such evaluations are anonymous material under the terms of Clause 18.08, unless the Senate or a Faculty of Dalhousie University specifically specifies otherwise. Signed comments are confidential, but shall be revealed to the Member they concern without identifying their authors

(b) Student surveys/evaluations regarding a Member shall be placed by the Chairperson, Head or Director, Chief Librarian, Dean or Vice-President in any special file for a Member created for the specific purposes of consideration of the Member for reappointment, promotion, tenure, continuing appointment or appointment without term provided the survey/evaluation instruments have been approved by the Faculty or The evaluations shall be made available in the form approved by the Faculty or Senate. Any unsigned comments from students shall be excised prior to the access to the survey/evaluation being provided to members of the Department or any decision-maker or committee considering the Member but such comments shall be provided by the Chairperson, Head or Director, Dean, Chief Librarian or Vice-President in confidence to the Member.

(c) Subject to the provisions of Clauses 18.09(a) and (b), and if requested by the Member, the Chairperson, Head or Director, Chief Librarian, Dean or Vice- President shall provide copies of the raw data, whether in printed or computer- readable form, to the Member who is the subject of a survey/ evaluation once it has been placed in any special file pursuant to Clause 18.01(b).

(d) Members shall be provided with student surveys/evaluations within thirty (30) days of the end of the academic year in which the evaluation occurred.

(e) The Factors that are usually relevant in interpreting the results of student responses to student surveys/evaluations include:

1. Number of times taught and consistency over time,
2. Number of students enrolled,
3. Response rate,
4. Department mean and variability,
5. Class material,
6. Level and type of class (eg. Introductory, advanced, compulsory, optional, method of class delivery)
7. Expertise of Member.

Records of grievance and arbitration procedures shall be kept separately from personal files. No record indicating that a Member has invoked the grievance and arbitration procedures of this Collective Agreement shall be placed in their Principal Personal File.

(b) When confidential information is to be used in proceedings concerning promotion, tenure, reappointment, appointment without term or continuing appointment such confidential information shall be treated in the following manner:

i) letters of reference that are requested from persons outside Dalhousie University shall be made available to the Members involved upon request unless the author of the letter requests that their identity be concealed in which event the identifying letter-head and signature block shall be removed;

Persons who are asked to provide recommendations regarding a Member being considered for promotion, tenure, reappointment, appointment without term or continuing appointment shall be advised that their recommendations and identity will be made known to the Member unless they request to have their identity concealed in which event the recommendation shall be treated as stated in the preceding paragraph.

ii. other written confidential information shall not be used unless it is made available to the Member involved with the identifying letter-head and signature block removed. The author of the written information shall be advised of this potential disclosure to the Member and may withdraw the original in which case the information shall not be used unless a revised version of the information is submitted and is made available to the Member involved with the identifying letter-head and signature block removed;

iii. while oral communication with outside assessors and others regarding a Member under consideration is discouraged, Members shall be entitled to receive a written summary of any material oral confidential information received regarding the Member that is to be used and which may affect the decision but the identity of the source of such information need not be disclosed;

At the Member’s request, a representative of the Association shall be entitled to review any original document and its edited form to ensure that such deletion and editing as have occurred serve only to conceal the identity of the author. The representative shall maintain confidentiality with regard to the author’s identity.

(a) The Board shall use the first letter in Appendix VI as a guideline for inviting persons outside Dalhousie University to act as assessors for a Member. It is understood that communication by telephone or in person is permissible to determine the availability of the person to act as an assessor.

(b) Once assessors have agreed to serve and have been sent the necessary material as outlined in the suggested second letter in Appendix VI, no material communication should occur without disclosure of the substance of the communication to the Member affected in accordance with Clause 18.11(b)(iii).

(c) If appropriate, the Board shall use the third or fourth letters in Appendix VI as a guideline for communication with the assessor.

(d) All Members of the Department or similar unit may have access to any special file created for the specific purposes of consideration of a Member for reappointment, promotion, tenure, continuing appointment or appointment without term and they may submit to the Department Chair, Head, Director or Dean, Chief Librarian or Vice-President a written assessment of the Member based on the criteria in this Collective Agreement. Such assessments, including their authorship, shall be made available on request to the Member, unless the author has requested confidentiality in which case they shall be treated as confidential in accordance with Clause 18.11(b)(ii). Members of the Department or similar unit who request access to said special file shall be bound by the same rules of confidentiality regarding the contents of the special file as apply to members of a departmental committee considering a Member for reappointment, promotion, tenure, continuing appointment or appointment without term.

(a) The Board shall provide access to the Association on a confidential basis, within two days of receiving a request from the Association, to any special file of a Member that was available to the President, Vice-President or Dean at the time they considered the matter of reappointment, promotion, tenure, continuing appointment or appointment without term of the Member, provided the Association requests the special file in writing not later than 21 days following the notification to the Member of the final decision in the matter.

(b) The University Tenure Committee and/or the University Promotion Appeal Committee shall have access to special files pertaining to promotion, tenure or appointment without term for the same assessments of other candidates within the same Faculty or other such unit in the same and preceding academic year as the candidate under consideration.

Notwithstanding the provisions of this Article 18, the Association shall have access to information in accordance with other specific provisions of this Collective Agreement.

The Board or its agents shall not unilaterally alter existing practices and processes for decision-making, consultation and recommendation in Departments and similar units, or alter Departmental, Faculty or similar structures which support teaching and research. Changes may be made in accordance with existing processes that are reasonable, certain and known or in accordance with processes for change approved or authorized by the Senate within its statutory jurisdiction.

The Board acknowledges its responsibility to maintain facilities, services and general working conditions which support the effective discharge by Members of their responsibilities as specified in Article 17. The Board may determine the manner in which, and the level at which, facilities and services are provided to Members, on the understanding that the Board will endeavour to maintain reasonable levels of working space, secretarial and other support services, including telephones, computing, printing, duplicating and library services, technical services and teaching and research assistance. The reasonableness of levels of services may be measured by consideration of financial resources of the Board and past practice in the provision of such services.

Any significant change in general working conditions which are reasonable, certain and known may be made by agreement of the Parties through the Association-Board Committee. Any significant change in the levels of facilities and services provided, which levels are reasonable, certain and known, shall be discussed by the Parties through the Association-Board Committee and an opportunity shall be provided for the Association's comments and suggestions about a proposed change to be considered before the change is introduced.

The onus of establishing a practice or process within the terms of Clause 19.01 or general working conditions or level of facilities and services within the terms of Clauses 19.02 and 19.03 shall rest upon the person or persons alleging its existence and it must be shown that the alleged condition, level, practice or process is reasonable, certain and known by the Board or its agents (including Department Chairpersons or Departments and similar units) and therefore is deemed to have been authorized by the Board.

Where a decision made outside a Department or similar unit requires there to be a permanent reduction of any full-time or sessional full-time position in the complement of support staff within a Department, the Department shall be advised in writing by the Dean or Vice-President (through the Chairperson, Head, Director or Chief Librarian where there is such a person) and shall be given 10 days to make comments and suggestions which shall be considered before any change is finalized.

Provisions for the workloads of Members holding appointments as professional librarians, instructors or professional counsellors are contained respectively in Article 11, Article 12, and Article 13. This Article 20 applies to the workloads of Members holding other appointments. The workloads of Members appointed to one of the research ranks specified in Article 10 shall be determined taking due account of any special responsibilities or duties associated with the research appointment. The workloads for Continuing Education Members shall take account of their special duties and responsibilities and shall be determined in accordance with Article 37.

Subject to Clause 20.03, or unless specifically provided otherwise in an individual letter of appointment, Members are employed by the University for a period of twelve months in each year, including holidays and vacations as provided in this Collective Agreement, to carry out the duties and responsibilities described in Article 17 on a full-time basis.

The specific workload of a part-time Member shall be authorized in accordance with the Member's letter of appointment and the subsequent provisions of this Article 20.

A Member's workload normally includes, in varying proportions, the duties indicated in Article 17, namely:

1. undergraduate and/or graduate teaching;
2. research, scholarly, artistic and/or professional activity;
3. academic administration within Dalhousie University;
4. professional responsibilities outside Dalhousie

Unless otherwise indicated in the Member's letter of appointment, or unless this conflicts with established practice within the Member's Department or other unit, (a) and (b) constitute the Member's principal duties.

(a) The undergraduate and/or graduate classes to be taught by a Member, and other significant teaching responsibilities assigned to a Member, shall be defined within the Member’s Department, School or College, where such units exist or within the Member’s Faculty in Faculties where no Departments, Schools or Colleges exist. In Faculties having Departments, Schools or Colleges, the teaching component of a Member’s workload shall then be recommended by the Chairperson, Head or Director and approved by the Dean. In Faculties without Departments, Schools or Colleges, the teaching component of a Member’s workload shall be authorized by the Dean.

(b) Following the approval of the Dean, the Chairperson, Head or Director will make reasonable effort by March 1 of each academic year, to inform each Member the details of their teaching assignment for the next academic year, including but not limited to the delivery mode of teaching, such as in-person, or online.

(c) Following the approval of a Member’s workload, if extenuating circumstances result in additions to the Member’s workload, such additions shall be addressed by mutual agreement with the Dean through appropriate measures which may include but are not limited to: balancing other aspects of the Member’s workload; adding instructional support (e.g., TAs, Markers and/or Demonstrators); and/or the payment of an overload stipend in accordance with Clause 31.73. Such additions could include but are not limited to the addition of a class or fraction of a class, or an unexpected change to the delivery mode of teaching.

(d) Unless otherwise agreed by the Member, a Member’s teaching duties shall be contained within two of the three academic terms per year. Where there is a trimester system in effect, the Member shall have the right to one complete term free of teaching duties in each academic year.

(e) The Department Chair, Head or Director shall distribute a list of theteaching assignments approved by the Dean for all Members in the department or other such unit by the first day of classes for each term.

(f) In order that a Member may balance the need for time to prepare new courses and to establish a research program, when the Member is appointed to a probationary tenure-track position, the Member will be given a teaching and administrative workload that is less than the normal teaching and administrative workload for the Department or other such unit for the first two years of the Member’s appointment.

Significant academic administrative duties within Dalhousie University and/or professional responsibilities outside Dalhousie University shall be noted in the recommendation of the Chairperson, Head or Director, and in the approval or authorization of the Dean.

Upon request from the appropriate Dean, Members shall submit a statement of research, scholarly, artistic, and/or professional activities planned or anticipated in the subsequent year. Also upon request from the Dean, Members shall submit at the end of the year a statement indicating changes in and progress toward the planned or anticipated activities.

A Member's workload may include the teaching of scheduled instruction during evening hours, during summer sessions, in a second department, or other unit with Dalhousie University, or off-campus teaching as provided in Article 21. Such teaching duties may be assigned in accordance with existing arrangements within Departments or other teaching units made prior to the signing of this Collective Any arrangements for assigning such teaching duties made subsequent to the signing of this Collective Agreement shall be made within Departments or other teaching units and shall include provisions for the agreement of the Member or Members affected. Any such arrangements shall be subject to the approval of the Deans of the Faculties involved. Such teaching shall not be considered overload teaching if appropriate reductions are made in the other teaching or academic administrative responsibilities of the Member or Members concerned. Members doing overload teaching shall receive an overload stipend.

With the agreement of the Member concerned and in accordance with the policies and procedures existing within the Departments or other units for establishing a normal teaching workload and establishing a normal academic administrative workload, the Dean may approve or authorize:

(a) overload teaching within a Member's Department, School, College or Faculty, or off-campus as provided in Article 21, for a Member whose composite workload for the year is otherwise considered full-time. In such cases Members shall be entitled to an overload stipend. Overload teaching in another unit of Dalhousie University is dealt with in Article 22;

(b) overload academic administration within Dalhousie University for Members who belong to a designated group and who are providing higher than normal academic administrative service whose composite workload for the year is otherwise considered to be full In such cases Members shall be entitled to an overload stipend; and/or

(c) supports for teaching and/or research for Members who belong to a designated group and who are providing higher than normal academic administrative service whose composite workload for the year is otherwise considered to be full time.

(d) If the Dean does not have sufficient funds to cover overload stipends under 20.09(b) or (c), the Provost will provide the funds. Requests made under 20.09(b) or (c) shall not be unreasonably denied.

While the Parties recognize that the majority of the work of Dalhousie University will take place within the campus of the University, including affiliated hospitals, laboratories and other related facilities, the University may schedule instruction in locations other than the regular campus.

Off-campus teaching may be assigned in accordance with existing arrangements within Departments or other teaching units made prior to the signing of this Collective Agreement. Any arrangements for assigning off-campus teaching responsibilities to Members made subsequent to the signing of this Collective Agreement shall be made within Departments or other teaching units and shall include provision for the agreement of the Member or Members affected. Members whose employment includes responsibility for off-campus teaching on a regular or continuing basis shall have such duties set out in their individual letters of appointment.

Any Member teaching in a location other than the regular campus and requiring transportation from the regular campus, shall be reimbursed the actual, reasonable costs of travel as well as other incidental costs arising directly from such travel, on a basis to be agreed in advance between the Member and the Dean or other appropriate administrative officer.

When a Member teaches in a location other than the regular campus, any additional commitments of time, such as for travel, shall result in a corresponding reduction of the Member's other duties or in a recognition of overload teaching as provided in Article 20.

In the case of a Member teaching within another institution, Clauses 21.03 and 21.04 shall apply if travel or relocation is required.

Members other than professional librarians who are invited, with the co-operation of the units involved, to do extra teaching in addition to their regular teaching in another unit of Dalhousie University (such as a Department, School, College, Institute, Centre) shall be paid extra for these extra duties insofar as they are in addition to the Member's regular duties and these extra duties shall not interfere with nor substitute for the Members' regular duties. Arrangements for such extra duties shall be developed by the respective Chairpersons, Heads or Directors, and the Member, and shall be subject to the approval of the Dean of the Faculty in which the extra teaching is to be done. A Member who teaches a credit course during a summer session shall be paid an overload stipend in accordance with Clause 31.73 except where such teaching forms part of their normal teaching workload pursuant to Clause 20.08.

Professional librarians who are invited to teach in a Department, School, College, Institute or Centre at Dalhousie University or are asked to perform on a regular basis duties in a Dalhousie library in addition to their regularly assigned duties, as dealt with in Article 11, shall be paid extra for these duties. Arrangements for such extra duties shall be developed by the appropriate Chief Librarian and the professional librarian, and shall be subject to the approval of the Dean of the Faculty in which the extra teaching is to be done or the Chief Librarian of the library in which the extra duties are to be undertaken.

(a) The nature of the professional competence of many Members affords opportunities for the exercise of that competence outside the Members' regular duties to Dalhousie University, on both remunerative and non-remunerative bases.

Recognizing that such professional activities can bring benefits to and enhance the reputation of Dalhousie University and the capacity of Members, the Board agrees that Members have the right to engage in part-time professional activities, paid or unpaid, providing such activities do not interfere with their regular obligations and duties to Dalhousie University. Members shall report all such activities when requested by the Dean or Vice-President and in a form requested by the Dean or Vice-President. Continuing Education Members agree not to engage in any professional activity, paid or unpaid, which competes or conflicts with the College of Continuing Education activities or with their duties and responsibilities at the College of Continuing Education. The College of Continuing Education may define such professional activity by Faculty regulation and copies of any such regulations will be made available to each Continuing Education Member.

(b) Notwithstanding any other Article of this Collective Agreement, Members who are Directors of or who report to a Director of the Canadian Institute of Fisheries Technology, the Nova Scotia CAD/CAM Centre, the Centre for Water Resources Studies, the Minerals Engineering Centre, the Atlantic Industrial Research Institute, the Applied Microelectronics Institute, the Atlantic Institute of Biotechnology, the Biomedical Engineering Institute, or such other research centre or institute which may be approved by the Board from time to time, shall not engage in activities which conflict with their responsibilities to or the interests of the Centre/Institute. The Guidelines at Appendix V shall be used to determine whether or not a conflict exists. The Member shall be advised in writing whether a conflict exists or not. Determinations of conflict of interests shall be grievable.

Without limiting the generality of Clause 22.03 it is understood that the following are included in the reference to part-time professional activities: participation in professional associations, the Canadian Association of University Teachers and learned societies.

Any Member engaging in any substantial professional consulting practice or related employment outside Dalhousie University, shall discuss these activities in advance with the Chairperson, Head, Director, Chief Librarian, Dean or Vice-President, as may be appropriate, to ensure that it is mutually agreed that these activities are compatible with the University responsibilities of the Member concerned.

Members shall reimburse the University for the cost of any University facilities, equipment, supplies, or services used in or for professional consulting, practice, or related employment outside Dalhousie University, unless such reimbursement is waived by the Dean. The cost of any such facilities, equipment, supplies or services shall not be greater than the most favourable Dalhousie commercial rate.

The name of the University and University letterhead shall not be used in extra professional activities unless agreed to in advance by the Member's Dean, University Librarian or Vice-President.

Except as dealt with in Clauses 23.05 and 23.06, the Board makes no claim to the copyrights in books, articles and similar material in the print or digital media written or prepared by any The Board makes no claim to the copyright of any work of art, such as painting, sculpture, music or the like, created by any Member. The Board, therefore, undertakes to transfer to those Members who are the authors, and hereby transfers to those Members who are the authors, the copyrights of all material they have created in the print or digital media and in works of art.

The Board undertakes to transfer, and hereby transfers, to those Members who are the authors, any and all rights in regard to computer programs. The Board shall have free use of any program developed in the course of the administrative duties of Members, and of any program developed to process Dalhousie University data and records, and of any program developed for use in the degree Programmes of Dalhousie University. Such free use shall cease one year after the termination of the employment of the Member who holds the The Board may acquire continued use of such computer programs on payment of an appropriate fee.

(a) Members are sole copyright holders in their own The Board shall give every reasonable assistance to Members to prevent publication, recording or broadcasting of lectures not authorized by the Members concerned.

(b) Consistent with existing protections in the collective agreement, Members are sole copyright holders of their on-line lectures, teaching materials and examinations and shall retain the exclusive right to use, revise, rework and amend the copyrighted materials regardless of any support from the Board for production of the materials or of the manner of recording, storing, transmitting or broadcasting them.

The copyright of any recorded work, such as film, videotape, audio recording and the like, belongs to the Member who is the creator of its content.

(b) Continuing Education Members shall have the same rights under Article 23 as all Members except that Continuing Education Members shall not own any copyright in materials which are produced for use in the College of Continuing Education programs or produced under the terms of a contract or externally funded project arranged on behalf of the College of Continuing Education or the University or except as may otherwise be agreed in writing by the Board and the Member.

(a) Members agree to waive any claim for monetary compensation arising out of copyright claims in relation to teaching manuals produced internally within the University as part of their workload, provided that such manuals are sold only within the University at a price set to recover direct costs (i.e., paper, bindings, salaries of support staff, and duplicating costs, but not honoraria or similar payments) or If the Board sells at a price higher than direct costs or sells to the general public, then the Board shall pay to the Member(s) who holds the copyright in the teaching manual a ten percent (10%) royalty on all such sales.

(b) If the Member agrees in writing that their workload as specified in Article 20 shall include the production, without any direct funding other than salary, of a recorded work, textbook, printed lectures, laboratory notes or other teaching materials, except for teaching manuals as provided in Clause 23.06(a), the Board may use such materials in its educational Programmes. This right shall cease five years after the termination of employment by the Member. However, the Board may arrange for continued use of the material upon payment of an appropriate royalty or fee.

The Board will do its utmost to make available to Members, without cost, production facilities and funds necessary to produce recorded works for use in Dalhousie University's educational Priority for the amount of funds and the kinds of facilities shall be determined by the Senate.

Where a Member has copyright in a recorded work produced with the assistance of direct funding by the Board or with the use of Dalhousie University production facilities, free of charge or substantially less than the local commercial rates, the Member shall grant to the Board a license to use the recorded work in its educational Programmes, including the right to grant others permission to use the work for that same purpose in Dalhousie University. Such license shall cease one year after the termination of the employment of the Member who holds the The Board may acquire continued use of such work for the above purpose on payment of an appropriate fee.

The Member directly, or through the agency of the Association, shall establish a fee to be charged to third-parties wishing to use work recorded under the conditions given in Clause 23.08. If agreement on such a fee cannot be reached within thirty days of a request by the Member, an appropriate fee shall be set by the Committee on Patents and Copyrights, set up in accordance with Clause 23.13.

Any fees or royalties or other income received by the Board as a consequence of the exploitation of work recorded under the conditions given in Clause 23.08 shall be distributed fifty percent to the Member and fifty percent to the Board.

Members who believe their work recorded under the conditions given in Clause 23.08 is unsatisfactory for a proposed use due to dating or other good reason, shall have the right to require the said work to be amended on the same terms as the original production or to require its use to cease.

Where more than one copyright holder has an interest in a work recorded under the conditions given in Clause 23.08, each copyright holder shall exercise their rights with respect to their contribution, providing that contribution may be erased without destroying the value of other contributions to the same recording or Disagreements between the holders of shared copyrights in such recorded material shall be referred to the Committee on Patents and Copyrights set up in accordance with Clause 23.13.

The Board and the Association shall continue the Committee on Patents and Copyrights composed of two members appointed by the Board and two Members appointed by the Association. The chairperson of this committee shall be, at alternate meetings, one of its members appointed by the Board then one of the Members appointed by the Association.

The Committee on Patents and Copyrights shall meet within fifteen (15) days of a case having been referred to it. It shall consider copyright and patent cases referred to it by Members as well as those referred by the Board, including disputes over fees. The committee shall render a decision within two months of receipt of a request.

The Board makes no claim to any invention, improvement, design or development made by a Member without the use of the Board's funds or support or technical personnel. The payment of a regular salary to a Member and the provision of an academic environment in which to work shall not be construed as the use of the Board's funds or support or technical personnel in interpreting this Clause 23.15 or others in Article 23. Any claim that the Board may wish to make on any invention, improvement, design or development made by a Member shall be stated in writing at the time monies other than regular salary or support or technical personnel are provided.

Members have no obligation to seek patent protection for the results of their work or to modify their research to enhance Members also have the unqualified right to publish their inventions, improvements, designs and developments.

Members shall have the right to process applications for patents and the right to process such patents either on their own or through Nova Universities Technology , or other similar agency with which the Board may have an agreement. The Board agrees not to modify, change, alter or abandon its agreement with Nova Universities Technology Inc., or other similar agency without consulting the Association through the Association-Board Committee.

Members who process applications for patents through the Board's agreement with Nova Universities Technology Inc., or other similar agency may be required to sign an agreement governing proceeds and other terms.

Where Members make their own arrangements to patent an invention which has involved the use of the Board's funds or support or technical personnel, such Members shall grant fifty percent of the net proceeds to the Board.

Disputes about patents may be referred to the Committee on Patents and Copyrights.

Members shall give notice of their intention to resign as early as possible, and it should not be later than four months prior to the date on which the resignation is to take effect.

In the case of Members holding appointments as instructors or professional counsellors, notice of intention to resign shall be made in writing, addressed to the Dean. For Members holding other appointments, notice of intention to resign shall be made in writing, addressed to the President. In all cases, this notice shall be transmitted through the Member's Chairperson, Head, Director, Chief Librarian, or other appropriate administrative official.

Resignations shall take effect and employment with Dalhousie University shall terminate on 30 June of the year in question, unless otherwise agreed by the Member and the Board, or unless a Member intending to resign takes up full-time employment elsewhere prior to 30 June, in which case employment with Dalhousie shall terminate on the date the Member takes up such other employment.

All Members shall normally retire at the end of an academic year. Members shall give notice of their intention to retire as early as possible and it should not be later than four months prior to the date on which the retirement is to take effect. Those Members who were employees of the Technical University of Nova Scotia on 31 March 1997 and have continued as Members since that date and who were members of the Public Service Superannuation Plan on 31 March 1997 and who have continued as members of such Plan shall retire in accordance with said Plan. Those Members who were “Designated Employees” as defined in subsection 1(d) of the Dalhousie University-Nova Scotia Agricultural College Merger Act who were members of the Public Service Superannuation Plan on September 1, 2012 shall retire in accordance with said Plan.

Members reaching retirement age may apply for reappointment either on a full-time or part-time basis, as specified in Clause 14.16(a)(iii), and Members holding post-retirement appointments may similarly apply for reappointment. Application shall be made by 31 October of the calendar year before the Member is due to retire, or the year before the Member's current appointment expires.

Members applying for post-retirement reappointment shall be informed of the decision of the President, Vice-Provost (Student Affairs), or Dean, as appropriate, by 31 December of the year of their application unless the Member is advised by the President, Vice- Provost (Student Affairs), or Dean, as appropriate, on or before 31 December that an extension is required in which case consideration shall be deferred to no later than 31 March of the academic year of their application. Failure to inform the Member by 31 December or 31 March, as appropriate, shall mean that the post-retirement reappointment applied for shall be made. Reappointments shall be made in accordance with Clause 14.11.

After retirement, former Members shall have access to Dalhousie University library and other facilities and services on the same basis as full-time Members, provided such access does not seriously disrupt the services provided to continuing Members and students in Programmes.

A Member may, with the consent of the Board, retire before the age of sixty-five years. In such cases of early retirement, the Member shall receive such pension or other benefits to which they are entitled in accordance with Article 32 of this Collective Agreement provided, however, that those Members who were employees of the Technical University of Nova Scotia on 31 March 1997 and have continued as Members since that date and who were members of the Public Service Superannuation Plan on 31 March 1997 and who have continued as members of such Plan shall retire in accordance with said Plan. Those Members who were “Designated Employees” as defined in subsection 1(d) of the Dalhousie University-Nova Scotia Agricultural College Merger Act who were members of the Public Service Superannuation Plan on September 1, 2012 shall retire in accordance with said Plan.

The Parties agree that teaching, research and professional library staff are essential to the University's goals, and that the Senate is responsible for determining the teaching, scholarly and research objectives of Dalhousie University within the financial limits approved by the Board. The Board agrees to maintain the integrity of Programmes approved by the Senate by providing a staff of Members sufficient to that purpose subject to the provisions of this Article 25, Article 26 or Article 27.

The Parties acknowledge that the Senate may decide for bona fide academic reasons that a Programme should be varied, reduced or eliminated. In implementing such decisions which affect the terms and conditions of employment of Members, the Board shall take due account of recommendations resulting from such representative planning processes as may be established by the Senate, the Faculties or the Departments or similar units of the University, provided these are fair, reasonable, and consistent with the provisions of this Collective Agreement. When a Senate decision to reduce or eliminate a Programme is based primarily on a loss of student clientele, the Board acknowledges that it will take action that affects the appointments of Members only if the loss is significant and has been continuous, and is expected to continue, over several years.

When a decision of the Senate calls for the reduction or elimination of a Programme, Members who work in that Programme will not be replaced when they leave Dalhousie University. In other circumstances, unless the provisions of Article 26 or Article 27 apply, a Department or other such unit which does not agree with a decision of non-replacement shall be given an opportunity to present its case to the Faculty Academic Planning Committee; if agreement cannot be secured as a result of the review by the Faculty Academic Planning Committee, a Department or other such unit may appeal to the Senate Academic Priorities and Budget Committee, which shall make a final decision on whether a replacement appointment is necessary to maintain the integrity of the Programme in question.

The Board will take any of the actions in Clause 25.05 to reduce staff in a Programme for academic reasons, only if the Senate has decided that the Programme be reduced or eliminated, and only if the non-replacement of Members is likely to be insufficient. Before taking any action to give effect to such a Senate decision which might reasonably be expected to result in effects upon Members, the Board shall forward a report to the Association and to the Senate. The report shall cite the specific decision or decisions of the Senate calling for a reduction or elimination of positions, the steps to be taken in Clause 25.05, the number of Members to be affected, and alternative means, if possible, for dealing with the situation. The report shall provide the Board's reasons for the necessity of the proposed actions. The Board shall allow a reasonable period, not less than sixty days, for the Association and the Senate to respond to this report.

If the Senate decides that a Programme is to be reduced or eliminated and the Board agrees, the Board shall seek to reduce the number of positions held by Members in a Programme in a manner and to a degree consistent with the Senate's recommendations by action in three stages:

(a) Through the following arrangements in cooperation with Members and the Association-Board Committee: 

i) regular retirements and resignations;

ii) voluntary transfers to other duties within Dalhousie University;

iii) voluntary early retirement or voluntary reduction in workload and commensurate salary;

iv) voluntary separation;

v) voluntary retraining for other available positions within Dalhousie University for which the Member may, in the judgment of a concurrent majority of the Association-Board Committee, be reasonably qualified.

(b) If the arrangements set out in Clause 25.05(a) will not result in elimination of the number of positions required within a reasonable period of time, but not less than that recommended by the Senate, the Board, on the recommendation of the Association-Board Committee (such a recommendation shall not be unreasonably withheld), may proceed with the following steps in sequence as necessary to make the required number of reductions: 

i) non-renewal of initial probationary or initial probationary tenure-track appointments and of initial limited-term appointments under Clause 14.16(b);

ii) non-renewal of renewed limited-term appointments under Clause 14.16(b);

iii) non-renewal of tenure-track appointments and of renewed probationary appointments;

iv) redeployment of Members with tenure or appointments without term or continuing appointments (on the recommendation of the Association- Board Committee) to other available positions for which they are qualified (or for which they can reasonably be retrained) and which they are willing to accept.

Under (a)(v) and (b)(iv) above the Board shall pay retraining costs where necessary, as judged by the Association-Board Committee. The Association-Board Committee will make all reasonable efforts to find alternative positions for Members affected by steps under Clause 25.05(b). 

(c) If Members holding continuing appointments are unwilling to be redeployed or if there is no possible job for which the Member could qualify with reasonable retraining, the Board may lay the Member off with at least the same notice, recall rights and any other rights and privileges provided to Members or laid-off former Members under Clause 27.28(b), but with an additional six months' severance pay. 

(d) If Members holding appointments with tenure or without term are unwilling to be redeployed or if there is no possible job for which the Member is qualified or could qualify with reasonable retraining, they will be offered the choice of:

i) continuing with full facilities for the continuation of their research, scholarship, artistic and/or professional activities, and their duties related to academic administration within Dalhousie University and professional activities outside Dalhousie University, on a half-time basis or other fraction as may be agreed to by the Dean and the Member concerned (if no agreement is reached, the fraction shall be one-half or the fraction specified by the Dean, whichever is higher) with no loss in rank, tenure status (or appointment without term) and years of service accumulated to that date toward sabbatical leave, with salary at the same fraction as provided above, and with responsibilities assigned to such a Member in accordance with Article 20 set out in writing at the time any change takes place;

ii) being laid off with at least the same notice, recall rights, and any other rights or privileges provided to Members or laid-off former Members under Article 27, but with an additional six months' severance pay.

Should any or all of the steps in Clause 25.05(b), (c) or (d) be required, the identification of Members who are subject to non-renewal of appointment or lay-off shall be made by representative committees in the Departments or similar units affected. Such decisions shall be made according to appropriate criteria on fair and nondiscriminatory bases, consistent with the provisions of the Collective Agreement and with those characteristics of excellence considered relevant to granting appointments, reappointments, promotion, tenure, appointments without term, and continuing In the event committees fail to make recommendations within sixty days, the Dean or Vice-President, in consultation with the Association-Board Committee, shall determine the Members to be affected.

Financial constraint is a situation in which the overall budget of Dalhousie University, including potentially the budget for bargaining unit salaries, is in a condition of severe restraint which cannot be met through routine budgetary It is less serious than a financial exigency and can be resolved by less drastic solutions.

The Board shall not declare that a state of financial constraint exists until it has taken all routine budgetary measures given in Clause 02 to postpone, alleviate or avoid the state of financial constraint. It is understood that routine budgetary measures shall include: 

(a) efforts to increase the revenue of Dalhousie University;

(b) efforts to reduce or eliminate expenditures on budgetary items not crucial to the teaching, professional, artistic, scholarly and research objectives as may be determined by Senate;

(c) non-replacement of Members who leave or have left the University, which shall be in accordance with the following procedures:

i) Normally by 1 February, the President after consultation with Senate, shall determine the level of reduction in the overall complement of Members;

ii) the President may designate the way in which this reduction is to be distributed among Faculties. Such reduction shall be subject to the agreement of the Senate Academic Priorities and Budget Committee and consistent with the priorities established by Senate's academic planning processes. If no such agreement has been reached within thirty days, the President may proceed to make the reductions in the way originally proposed;

iii) each Dean may designate the way in which this reduction is to be distributed within the Faculty. Such reduction shall be subject to the agreement of the Faculty Academic Planning Committee and consistent with the priorities established by Faculty academic planning If no such agreement has been reached within thirty days the President may proceed with non-replacement in the way proposed by the Dean or in accordance with the proposal, if any, of the Faculty Academic Planning Committee. Departments or other such units with fewer than 5 Members shall not be subject to more than 1 non-replacement in any 3-year period unless the Faculty Academic Planning Committee so agrees.

iv) by 31 May, the Board shall provide a list to the Association of the names of Members who will not be replaced, subject to additions or deletions as a result of decisions made after that date.

(d) non-renewal of some or all of those limited-term appointments defined in Clause 11.03, Clause 12.11, Clause 13.02 or Clause 14.16(a) of this Collective Agreement;

(e) those measures in Clause 26.04.

Insofar as routine budgetary measures may require action under Clause 26.02(c) or (d), the Board shall advise the Association in advance, citing this Clause 26.03, of the measures it proposes to take under Clause 26.02(c)(i) or (d), and shall keep the Association advised of the overall condition of the operating budget of the University.

Steps to postpone, alleviate or avoid the state of financial constraint may include encouragement of Members to accept: voluntary leave, voluntary early retirement, voluntary reductions in responsibilities and corresponding salary or voluntary separation, provided that prior to any such agreement between a Member and the Board:

(a) there shall be notice to the Association, and

(b) there shall be consultation with the Department, and

(c) that such agreement is consistent with the academic needs of the Programme and the financial interests of the University, and

(d) the Board shall inform the Association in writing of the details of the arrangements referred to above.

In implementing any routine budgetary measures, the Board shall take due account of recommendations resulting from such planning processes as may be established by Senate, Faculties, or Departments or similar units.

Before the Board takes any of the actions provided in Clause 26.08, it shall advise the Senate and the Association, through a report from the President, that it intends to declare a situation of financial constraint. This report shall cite this Clause 26.06, and shall provide relevant detailed information on the Board's efforts and plans to increase revenue, the methods employed, and the actual and projected increase in revenue. The report shall also provide detailed information on the reduction or elimination of expenditures on budgetary items referred to in Clause 26.02(b) and the actual or projected savings resulting therefrom. This report shall demonstrate why the actions in Clause 26.02 are inadequate to avoid this situation of financial constraint.

The report shall also state those steps provided in Clause 26.08 the Board proposes to take, the maximum amount of reduction in the bargaining unit salary budget and the maximum reduction in the number of Members which is proposed, and the reasons to justify this amount and the need for such steps.

The Board shall allow the Association and the Senate a reasonable period, not less than thirty days, to make proposals on ways in which the financial situation might be ameliorated, including how any reductions in expenditures might be accomplished with the least damage to the University. The Senate may, if it wishes, specify the academic priorities within which the situation of financial constraint is to be resolved.

Following the procedures in Clauses 26.06 and 26.07 the Board may declare that a situation of financial constraint exists and that some or all probationary, probationary tenure-track, and those limited-term appointments defined in Clause 14.16(b) shall not be renewed.

Subject to Clause 26.13, the percentage reduction in the bargaining unit salary budget shall not exceed the percentage reduction in the overall salary budget for teaching, research and professional library staff, excluding restricted external funds for salary support.

The steps in Clause 26.08 above shall not be taken to affect the bargaining unit unless the actions possible in accordance with Clause 26.02, are inadequate and any proposals from the Association for relieving the financial situation are judged by the Board to be inadequate to avoid, eliminate or sufficiently alleviate financial constraint, and reasons for this judgment have been given.

The identification of those whose appointments will not be renewed, as provided for in Clause 26.08, shall be made by representative committees in the Departments or similar units affected. Such decisions shall be made according to appropriate criteria on fair and non-discriminatory bases consistent with the provisions of this Collective Agreement and with those characteristics of excellence considered relevant to granting appointments, reappointments, promotion, tenure, continuing appointments and appointments without term. In the absence of a recommendation from the Department or similar unit concerned within twenty days, the Dean or Vice-President shall consult with the Association-Board Committee and shall undertake within twenty days the identification of those whose appointments will not be renewed.

For purposes of this Article, the situation of financial constraint shall continue for a period of one year from the date of the Board's declaration unless repealed sooner by the Board in light of a sufficiently improved financial situation. If the situation of financial constraint is to be continued the Board must make a new declaration under Clause 26.08 following the procedures in Clauses 26.06 and 26.07.

Notwithstanding the provisions of this Article 26, the Senate may determine that some of the positions affected by financial constraint are redundant under the terms of Article 25 of this Collective Agreement.

A financial exigency exists if, and to the extent that, far-reaching reductions are required in University expenditures, which may include expenditures on Members' salaries, in order to avoid the financial collapse of the University.

Bearing in mind that the primary aims of the University are teaching, scholarship and research, and except as may be provided for in Article 26, the Board undertakes that lay-off or termination of employment of Members for financial reasons will occur only in the event of, and only to the extent required by, a bona fide case of financial exigency. The necessity must arise from the total budget of Dalhousie University, not just the teaching, research, library or salary budget.

Before the Board takes any action for reasons of financial exigency it shall advise the Association, through a report from the President, of its judgment that such a situation obtains. The President's report shall include the information which convinced the Board of the need for such a decision and the Board's statement of the magnitude of the exigency, its proposal for solving the exigency and a statement of the maximum reduction necessary in bargaining-unit The Association shall have a reasonable opportunity, and not less than twenty-eight days, to respond through the Association- Board Committee to the President's report.

Following the report by the President referred to in Clause 27.03 and until the decision is made by the Board whether a declaration of financial exigency is to be made, and this decision has been implemented in accordance with Clause 27.17, the President shall not recommend any appointments to vacant or new positions on the teaching, research, library or administrative staff of Dalhousie University.

If requested by either the Association or the Senate, the Board shall establish an Independent Financial Advisory Committee, composed of one member nominated by the Board, one member nominated by the Association and a chairperson chosen by those two members. Failing agreement to select a chairperson within ten days, S. Bruce Outhouse or someone chosen by him shall serve as chairperson.

The Board shall provide to the Independent Financial Advisory Committee all relevant information, financial and otherwise, pertaining to Dalhousie University requested by the chairperson of the committee. Delay in providing information shall lead to an equivalent extension in the committee's time to consider before reporting. Refusal by the Board to produce the information requested by the committee shall be, in and of itself, grounds upon which the committee may declare that there is no state of financial exigency and that no lay-offs or termination of the employment of Members for financial or budgetary reasons shall occur. 

The Independent Financial Advisory Committee shall seek to reach a judgement in which all three members concur. Failing a majority judgment on any issue to be reported, the judgment of the chairperson shall be the judgment of the committee, but the members may report their divergent opinions. Any report of the committee shall be a public document.

The committee shall report to the Board and the Association within ninety days of the selection of its chairperson, unless a longer period is agreed upon by the Parties or unless there has been a delay as in Clause 27.06. 

The committee may recommend specific measures to be adopted or steps to be taken to ameliorate or eliminate the exigency, including: 

(a) reasonable reductions in all areas of Dalhousie University's expenditures other than salary expenditures for Members;

(b) appropriate means of increasing revenue;

(c) taking all possible advantage of endowment funds and other investments;

(d) disposing at reasonable prices of Dalhousie University property not essential to the teaching, scholarship and research objectives of the University; 

(e) reductions in administrative staff that are not likely to interfere seriously with the aforementioned objectives of the University;

(f) reductions of salary commitments through attrition, including regular retirements without replacement, including also the anticipated expiry of non-renewable limited-term appointments;

(g) reduction of salary commitments through non-renewal of probationary, probationary tenure-track and limited-term appointments.

The committee shall recommend step (f) only if it judges that steps (a) to (e) are inadequate to ameliorate sufficiently or eliminate the exigency and it shall recommend step (g) only if it judges steps (a) to (f) inadequate to the same purpose.

If the committee judges that the measures and steps it recommends in accordance with Clause 27.09 are adequate to ameliorate sufficiently or eliminate the exigency, it shall so declare in its report and it shall recommend against the lay-off and termination of the employment of Members.

Only if the savings to be achieved through the measures and steps it recommends in Clause 27.09 are inadequate to ameliorate sufficiently or eliminate the exigency shall the committee recommend that the lay-off or termination of the employment of Members be carried out. 

Using generally accepted accounting procedures the committee shall assess the validity of the Board's declaration of financial exigency and shall state the magnitude of the exigency, its proposals for meeting the exigency and shall state the maximum amount of reduction of bargaining-unit salaries it believes justified. 

Upon receipt of the report from the committee, or after ninety days or longer period (as agreed by the Parties in accordance with Clause 27.08 or due to delay in accordance with Clause 27.06), the Board may, through the President, declare that a bona fide state of financial exigency obtains within Dalhousie University. 

After receipt of the committee's report, in accordance with Clause 27.13, the Board shall inform the Association through the Association-Board Committee if it intends to declare a state of financial exigency which will require a reduction of the bargaining-unit salary budget and give the Association not less than thirty days to respond. 

The maximum amount of bargaining-unit salary reduction which is finally settled upon in accordance with Clause 27.15 shall not be increased unless and until a new declaration of financial exigency is made and the procedures of this Article 27 are followed. 

In the event that the Board declares the need for a reduction in the bargaining-unit salary budget, as in Clause 27.15, a Supervisory Committee shall be formed to supervise the state of financial exigency as it applies to Members. The committee shall consist of two Members appointed by the Association, two Members appointed by the Board and a chairperson chosen by the committee from the academic staff of another university. Failing agreement to select a chairperson within ten days, Dr. Kenneth Ozmon or someone chosen by him shall serve as chairperson.

Within ninety days, the Senate shall specify the priorities for establishing which teaching, research or library units shall be subject to reduction.

Working within the priorities as may have been specified by the Senate, the Supervisory Committee shall first determine the number and distribution of people to be laid-off and then, subsequent to the procedures described in Clause 27.20, the individual Members. The Supervisory Committee's procedures shall include reasonable provisions for Members to argue their cases, both individually and on behalf of their teaching, research and library units. The Supervisory Committee shall take it as a rule of procedure that no Faculty, School, College, Institute, Centre, Library, or Department within a Faculty shall have its bargaining-unit salary budget reduced for reasons of financial exigency by a percentage that is more than 1.25 times the percentage reduction in the overall bargaining-unit salary budget. Should the committee decide that it must reduce a particular unit by more than the 25 percent guideline, it will first refer the matter to the Senate for approval. Failure by the Senate to make a judgment within a time specified by the committee (which in any case shall not be less than two weeks) will give the committee power to proceed as it sees fit. The Supervisory Committee will complete its activities within five months from the declaration of priorities by the Senate as provided in Clause 27.18.

The identification of individual Members to be laid off shall be made by the Supervisory Committee in consultation with the appropriate Dean or Vice-President and with committees in each Department or other such unit potentially These consultative committees shall consist of Members elected by the unit and one Member appointed by the Association from outside the affected unit. Such decisions shall be made according to appropriate criteria on fair and nondiscriminatory bases consistent with the provisions of this Collective Agreement and with those characteristics of excellence considered relevant to granting appointments, promotion, tenure and appointment without term. Those characteristics are given in the Report on Tenure (approved by the Senate and the Board in 1971) and, in the case of professional librarians, in Article 11 of this Collective Agreement. Length of service shall not be considered as a criterion for identifying individuals to be laid-off unless all the other criteria have been exhausted.

Recommendations and the bases for the recommendations shall be made, in writing, by the Supervisory Committee, following full consultation with all Members of the affected academic unit. Members recommended for lay-off shall have the right to examine the above-mentioned written recommendations.

The President shall write to each person designated for lay-off, indicating the intention to recommend to the Board that the person be laid off and stating that the lay-off is for reason of financial exigency only. The President's letter shall be delivered to the person by registered mail. 

Such notice shall be provided as soon as possible prior to the date of lay-off. For Members with tenure, appointment without term, or continuing appointments notice shall be at least fifteen months, and for Members holding tenure-track appointments, probationary tenure-track appointments, or probationary appointments notice shall be at least nine months. For the purpose of this Article 27 the procedures for lay-off shall not apply to those holding limited-term appointments.

Prior to implementing any lay-off, the Board shall make every reasonable effort to secure a position elsewhere in Dalhousie University for the person concerned. Individuals who accept such alternate employment which is on the teaching, research or professional library staff shall continue all their employment rights, including years of service towards sabbatical leave, salary and pension credit. Individuals who accept alternative employment at Dalhousie University which is not on the teaching, research or professional library staff shall continue those employment rights which are appropriate to their new positions and shall retain those pre-existing employment rights which are not so appropriate, for use if they return to the teaching, research or professional library staff. Individuals who accept alternate employment at Dalhousie University shall have the same rights, in Clauses 27.24 to 27.26, as those laid off and shall be given reasonable opportunity to retrain for their new duties. The Board shall pay tuition where necessary, as judged by the Association-Board Committee. 

There shall be no hiring of new teaching, research or professional library staff to positions in the University until all laid-off former Members, who apply and are qualified for the positions that become available, have been offered them. Laid-off former Members shall have the right of first refusal for their original position and for all other vacancies on the teaching, research and professional library staff of Dalhousie University, for which they are qualified, for a period of six years from the date of their lay-off or earlier period as given in Clause 27.29. Although preference shall not be given to laid-off former Members over other persons who have been laid off from other bargaining units or the administrative staff in Dalhousie University for recall to their original unit preference shall be given to laid-off former Members over other people for such positions. The qualifications of laid-off former Members shall be judged by the appropriate Department or similar unit and the Dean or Vice-President concerned and, where more than one laid-off former Member is being considered, the Department or similar unit shall choose among them. Individuals receiving offers of employment under this provision shall have up to one month to accept such offers and a reasonable period, not less than six months, to terminate alternative employment and take up the position. The Board shall notify all laid-off former Members by regular mail, at their last-known address, of all available positions at Dalhousie University and also give timely notice of them to the Association.

Recalled persons returning to teaching, research or professional library positions shall be entitled to seniority and tenure (or appointment without term in the case of professional librarians) as at the time of lay-off and years of service prior to lay-off shall be counted towards sabbatical leave privileges. Salary shall be the salary at the time of lay-off, increased by any applicable across-the-board or standard increments, not including increments for career development awarded during the period of lay-off unless the person's activities during lay-off warrant some payment for career development.

Any person recalled to a position different from that at lay-off shall continue to have the right of first refusal for a vacancy in their original position for a period of six years from the time of initial lay-off.

For a period of six years, laid-off former Members shall enjoy full access to University facilities, including library and computing services, under the same conditions as Members. Office and laboratory space shall be provided when the Board judges this would involve no significant cost and the Department or similar unit judges that such access would not inhibit seriously its teaching Programme. Those laid-off former Members who are not in full-time employment, their spouses and dependents shall be eligible for tuition waivers as provided for through this Collective Agreement, for a period of six years from the date of lay-off.

A person who has been laid off for reasons of financial exigency shall be entitled to:

(a) notice or one month's salary and benefits for each month's notice as specified in Clause 27.22; and either

(b) in the case of an instructor or professional counsellor Member employed in excess of three (3) years, one (1) month's salary for each full year of service, but a minimum of nine (9) months' salary and a maximum of twelve (12) months' salary shall be paid to those who have continuing appointments and a maximum of nine (9) months' salary shall be paid to those who have probationary appointments; or

(c) in the case of other Members, one month's salary and benefits for each year of service at Dalhousie University, but a minimum of twelve months' salary and a maximum of fifteen months' salary shall be paid to those who have appointments with tenure and those who have appointments without term, and a minimum of six months' salary and a maximum of nine months' salary shall be paid to all other persons laid-off. 

The salary referred to in (a) is that current at the time notice is given and the salary in (b) and (c) is that current at the date of lay-off, or at the time notice is given if salary in lieu of notice is taken under (a).

Recall rights of a person laid off shall terminate six years from the date of lay-off, or the date due for retirement, or when the person indicates in writing to the Board that they no longer wish to be considered for recall, or at the date of expiry of the appointment from which the person was laid off, whichever of these occurs soonest.

(a) Any disciplinary action, including a letter of reprimand or warning, shall be taken only for just and proper cause. Causes for disciplinary action include: gross misconduct; misrepresentation of credentials; persistent neglect of duty to students or to the University; failure to maintain an acceptable standard of competence and performance in duties appropriate to the appointment; malicious damage to University property. Causes for suspension include an immediate threat to the functioning of the University. Illness, including drug addiction, alcoholism and psychological disorders, are not causes for disciplinary action and shall be considered in accordance with the provisions of Clauses 30.05 to 30.07.

(b) Where disciplinary action, including suspension or dismissal, has been recommended pursuant to the procedures set out in the Sexual Harassment Policy approved by the Board on 16 March 1999, and the Statement on Prohibited Discrimination issued by the President on January 2001, the Member and the Association shall be given a copy of all relevant materials, including the decision(s) referred to in Clause 28.10, prior to the initiation of the procedures contained in this Article 28.

The step procedure for disciplinary action shall be:

(a) Verbal warning. A Member shall be warned at a meeting of the Dean, the Chairperson and the Member in question. The Board may indicate what disciplinary remedy the Board intends to take. If agreement is reached as to the disposition of the matter, it shall be reduced to writing, countersigned by the Dean and the Member, and forwarded to the Association within five (5) days. or

(b) Written warning. If the procedure of Clause 28.02(a) is not successful in resolving the problem, within thirty (30) days (unless the Board has initiated proceedings at this step) a written warning may be given by the Dean to the Member. A written warning shall include details of the cause of discipline and any proposed remedy, and a copy of the warning and proposed remedy shall be sent to the Association within five (5) days. If agreement is reached as to the disposition of the matter, it shall be reduced to writing, countersigned by the Dean and the Member, and forwarded to the Association within five (5) days.

(c)

i) Suspension. If the matter is not resolved by the procedures of Clause 28.02(b), the Vice-President shall meet with the Member and the Chairperson. The Vice-President shall state the alleged violation(s) included in the written warning that remains unresolved, which may include the Member's failure to take remedial actions specified No matter may be brought forth as reason for disciplinary action unless it has been previously stated in the written warning as provided in Clause 28.02(b). The Vice-President may then inform the Member of the Board's intention to suspend and the duration of the suspension. The suspension may not commence earlier than thirty (30) days from the date of the meeting.

ii) If a grievance is not filed within thirty (30) days of the meeting, the suspension is deemed accepted and shall be without pay for a period of up to three (3) weeks.

iii) If a grievance is filed, the Board may suspend the Member from some or all duties at Dalhousie University and the suspension shall be with A letter to the Vice-President from the Member and/or the Association that denies the alleged violation(s) of this Collective Agreement and/or contests the remedy sought by the Board as inappropriate or unjust shall be deemed notification of filing a grievance pursuant to Clauses 29.05(a) and 29.07.

(d) Dismissal. If the procedures of Clause 28.02(c) have been carried out but the matter that was the subject of the provisions herein continues when the Member returns, within sixty (60) days of the Member's return to their duties and responsibilities at Dalhousie University, the Vice-President may give written notice to the Member of the Board's intention to dismiss, and a copy shall be forwarded to the Association. This written notice shall contain a complete statement of the grounds for dismissal, but no matter may be stated as grounds for dismissal unless it was included in the written warning pursuant to Clause 28.02(c). Within twenty (20) days of such notice having been given, the Member shall inform the Vice-President in writing of a decision either to accept dismissal or to oppose the dismissal through the grievance procedure in Article 29. Failure to inform the Vice-President within twenty (20) days shall be deemed to represent acceptance of dismissal.

Notwithstanding the procedures provided in Clause 28.02, the Vice-President may suspend a Member by written notice for stated cause involving extraordinary circumstances. Such circumstances include an immediate physical threat by the Member to any individual in Dalhousie University, or an immediate and serious threat to the functioning of Dalhousie University or the property of Dalhousie University. The suspensions may be from some or all duties at Dalhousie University and shall be with pay; however, some privileges may be Within twenty (20) days of the date of suspension, the Board shall notify the Member by registered mail, of what further action it intends to take, if any, with a copy to the Association. If no notice is received in the aforementioned twenty (20) day period, the suspension is deemed to terminate.

When disciplinary proceedings are dismissed, withdrawn or resolved without disciplinary action or remedy, no records of disciplinary proceedings that identify the Member concerned shall be kept. When a disciplinary action or remedy is upheld or agreed to, unless further disciplinary penalties are assessed within the period of eighteen (18) months following imposition of discipline, the record of such action, including but not limited to letters of reprimand and warnings, and anonymous complaints shall be removed from the Member's Principal Personal File (pursuant to Article 18).

The Vice-President, upon recommendation of the Dean, may suspend a Member for reasons of health if there is reason to believe that the Member's health is seriously interfering with their ability to carry out duties and responsibilities and if the Member refuses to accept reasonable arrangements for leave or variation of duties and responsibilities that may be proposed by the Dean. Suspension of this sort shall not lead to disciplinary proceedings; however, the Member may initiate grievance proceedings to question the Vice-President's decision of suspension. Suspension invoked in these circumstances will terminate when the Member presents medical evidence, including a certificate from an examining doctor named by the Member and acceptable to the Association-Board Committee, indicating that the Member is fit to resume duties and responsibilities. The Dean may vary such duties in light of the medical report and in consultation with the Member's Department.

Notwithstanding Clause 28.02, disciplinary action may be commenced at the succeeding step of Clause 28.02 if a Member has, within the preceding eighteen (18) months, been assessed a disciplinary penalty in accordance with this Article 28; for the purpose of this Clause 28.06, Clause 28.02(b) shall be the succeeding step to Clause 28.02(a). In such a circumstance, the Board may initiate the disciplinary action at the next step succeeding that where the last disciplinary action was terminated. The Member shall be advised in writing of all incidents and other alleged violations upon which the Board is relying in taking disciplinary action. Matters either not contained in the Board's aforementioned written statement or unrelated to the incidents and/or alleged violations referred to shall not be introduced in any step of the grievance procedure.

The onus shall be on the Board to establish just cause for any disciplinary action.

The Association shall have the right to be present at all steps, and, if so requested by the Member, to represent the Member at all It is understood that the Member shall also be present at all steps.

When the Dean of the Faculty in which a Member holds an appointment, or a Vice- President if there is no appropriate Faculty, has reason to consider disciplinary action, they shall invite the Member concerned and any person the Member may wish to accompany him or her to meet and discuss the matter. The Dean or Vice-President concerned shall also invite the President of the Association or their designate to attend that meeting as an observer. If the matter is resolved to the satisfaction of the Dean or Vice-President and the Member, then, with the concurrence of the President of the Association, the formal procedures of this Article 28 need not be invoked.

If the matter is not resolved in accordance with Clause 28.09, then formal disciplinary procedures may be initiated and the responsibility for laying a complaint shall rest with the Dean of the Member's Faculty or Vice-President if there is no appropriate Faculty. The Dean or Vice-President laying the complaint shall advise the Member in writing of the complaint and that the matter is being referred to a Dalhousie University Hearing Committee. This letter to the Member shall give detailed particulars of the complaint, including references to times and places where appropriate, names of witnesses to be called and any sanction being sought.

The complaint shall be formally laid as soon as possible, but in no case later than three months after the alleged incident has come to the attention of the Dean or Vice-President. A copy of the letter to the Member shall be sent at the same time to the President of the Association.

Where the recommendation for disciplinary action arises from an investigation established pursuant to the procedures as set out in the Sexual Harassment Policy, the decision under section 40 of that Policy, which shall be conveyed in writing, shall be deemed the alleged incident referred to in this Clause 28.10 for purposes of establishing time limits. Where the recommendation for disciplinary action arises from an investigation established pursuant to the procedures as set out in the Statement on Prohibited Discrimination, the decision under paragraph 18 of that Statement, which shall be conveyed in writing, shall be deemed the alleged incident referred to in this Clause 28.10 for purposes of establishing time limits.

Within seven days of the charge being laid the chairperson of the committee shall contact the Member and arrange for an initial meeting at a time convenient to the Member. That initial meeting shall take place as soon as possible but not later than one month from the date the charge was laid.

The Dalhousie University Hearing Committee shall conduct its proceedings in accordance with the rules of natural It shall conduct hearings in camera unless the Member, the Dean or Vice-President concerned and the committee agree that hearings shall be open. The committee shall permit the Member and the Dean or Vice-President concerned to be assisted by a representative and shall permit the Association to be represented by an observer designated by the President of the Association. The committee shall keep a taped record of any hearings if requested by the Member, the Dean or Vice-President concerned, or the Association. This taped record shall be made available to any grievance and arbitration proceeding that may arise. The committee shall determine whether just and proper cause for disciplinary action does or does not exist. It shall make a recommendation whether disciplinary action or some other action such as voluntary leave is justified. It shall consider the charges and the evidence adduced to support the charges. It shall provide full opportunity for the Member concerned to adduce evidence, to cross-question and to present argument, including argument in rebuttal. The committee may seek and consider additional evidence that bears upon the charges. A Member's having used the grievance and arbitration procedures shall not be used as evidence against that Member.

The charges may be withdrawn by the Dean or Vice-President concerned and the hearing by the committee may be terminated at any time if a settlement satisfactory to the Member and the Dean or Vice-President concerned is reached. In any event, the committee shall report on its proceedings, giving written reasons for its decision and shall state its findings of fact relevant to the particulars of the charge in question and to any recommended disciplinary As soon as possible this report shall be presented to the President of the University and at the same time a copy of the report shall be sent to the Member, to the Dean or Vice-President concerned and to the President of the Association.

The President, upon reviewing any report of a Dalhousie University Hearing Committee which records the findings of fact and makes recommendations concerning disciplinary action, shall invite the Member concerned and any person the Member may wish to accompany him or her, the Dean or Vice-President concerned, and the President of the Association or their designate to meet to discuss the report of the Dalhousie University Hearing Committee. The Member concerned shall be given the opportunity to make an oral or written statement or representations within a reasonable period. The President may then decide to take no action or to invoke disciplinary action which shall not exceed in severity that recommended by the Dalhousie University Hearing Committee, and the President shall advise the Member concerned in writing of their decision as soon as possible, but in no case later than thirty days after the meeting with the Member as provided in this Clause 28.15 or alternatively within thirty days of receipt of representations, if any, from the Member following the meeting with the President. A copy of the letter to the Member from the President shall be sent to the Dean or Vice- President concerned and to the President of the Association.

When disciplinary proceedings are dismissed, withdrawn or resolved without disciplinary action, no records of disciplinary proceedings that identify the Member concerned shall be kept. Where there is a settlement of the matter (as specified in Clause 28.09) resulting in the Member's agreeing to accept disciplinary action, or where there is a report of a Dalhousie University Hearing Committee recommending disciplinary action and the disciplinary action is taken by the President, records of the proceedings may be maintained in a special file for the purpose. Letters of reprimand or warning shall be removed from the Member's Principal Personal File when no further penalties have been imposed on the Member for eighteen months from the date of the reprimand or warning. Any Committee of Hearing may rule that any extant letters of warning or reprimand, whether in the Member's Principal Personal File, or in a special file, are admissible to their considerations at the time of deciding on the sanction to be imposed on a Member found guilty of a charge. 

If an accused Member cannot be found at any stage of the proceedings carried out pursuant to this Article 28, written statements shall be sent to the Member's last-known home address by registered The President of the Association shall be sent a copy of these written statements at the same time and the President of the Association may appoint someone to represent the Member during their absence. The President of the Association shall also have the right to refer decisions made in accordance with this Article 28 to the grievance and arbitration procedures in Article 29, whether the accused Member has been found or not.

The President may suspend a Member by written notice for stated cause involving extraordinary Such circumstances include an immediate physical threat by that Member to any individual in Dalhousie University or to the property of Dalhousie University, or an immediate and serious threat to the functioning of the University. The suspension may be from some or all duties in Dalhousie University and may withdraw some privileges except salary and benefits.

When the President has acted to suspend a Member, the President shall invite the Member concerned, any person the Member may wish to accompany him or her, the Dean or Vice-President concerned, and the President of the Association or their designate to meet and discuss the matter. If the matter is resolved to the satisfaction of the President and the Member, then with the concurrence of the President of the Association the matter shall be considered settled as agreed by the President and the Member.

If the matter is not resolved in accordance with Clause 28.19, the President shall advise in writing the Member and the President of the Association whether disciplinary proceedings are to be initiated. If they are not to be initiated by the President and the Member wishes to question the President's decision on suspension, the Member may initiate grievance proceedings. In any grievance proceedings the onus shall be on the President to establish cause for suspension.

In addition to the provisions of Clauses 28.18 to 28.20, the President may suspend a Member for reasons of health if there is good reason to believe that the Member's health is seriously interfering with their ability to carry out duties and responsibilities and if the Member refuses to accept reasonable arrangements for leave or variation in duties and responsibilities that may be proposed by the President. Suspension of this sort shall not lead to disciplinary proceedings. The Member may initiate grievance proceedings to question the President's decision of suspension. Suspension invoked in these circumstances will terminate when the Member presents medical evidence, including a certificate from an examining doctor named by the Member and acceptable to the Association-Board Committee, indicating that the Member is fit to resume duties and responsibilities. The Chief Librarian, Dean or Vice-President concerned may vary such duties in the light of the medical report and in consultation with the Department or other similar unit. 

A Member holding an appointment with tenure, continuing or without term, or for a term not yet expired, may be dismissed for cause, including causes set out in Clause 28.01. 

Dismissal for cause shall not be initiated unless such action is consistent with the recommendations of a University Hearing Committee, which has considered the matter and reported, in accordance with Clauses 28.14 and 28.15.

After receipt of the report of the University Hearing Committee in accordance with Clause 28.14, the President and the Member's Dean, Chairperson, Head, Director or Chief Librarian shall meet with the Member affected in the presence of a colleague in the University whom the Member may have selected as adviser and the President of the Association or their designate, shall explain the cause for the dismissal, shall review the matter and the President shall indicate whether a recommendation for termination of the Member's appointment will be made to the Board of Governors. 

If the Member does not accept termination of their employment as proposed and discussed in the meeting with the President, and if the President determines that termination remains justified, the President shall within twenty-one days of the meeting serve written notice of intention to initiate procedures to dismiss the Member concerned. The notice shall include the reasons for the decision in sufficient detail to enable the Member to prepare their response.

Within thirty days of such notice having been given, the Member shall inform the President in writing of their decision either to accept termination or to oppose the proposed Failure to inform the President within thirty days shall be deemed to represent acceptance of termination. 

(a) The Parties agree to use every reasonable effort to encourage informal, amicable, and prompt settlement of grievances arising from the administration of this Collective Agreement.

(b) The Parties recognize that harmonious relations within a Department or similar unit enhance and promote good academic administration and self-governance within the University. Consistent with the provisions of this Collective Agreement, including those respecting fairness and natural justice as well as the rights of the Board pursuant to Article 28, the Parties recognize that where there are procedures, duly adopted by the Department and which are reasonable and known and approved by the Faculty, for resolving disagreements between Members, such procedures shall be applied to resolve such disagreements, subject to the rights of Members to seek further redress through the Dean or the Association and subject, in the alternative, to the right of any Member to seek redress under the terms of this Collective Agreement or other established procedures of the University.

In this Article 29, references to the President and the President of the Association may, in each case, include persons designated to act on behalf of the President or the President of the Association, and such designation shall be in writing. 

Grievances and arbitration shall be limited by this Article 29 and any limitations contained in any other article of this Collective Agreement.

(c) Article 5;

(d) Article 15, the decision of a University Tenure Committee insofar as the decision of a University Tenure Committee is accepted by the Board;

(e) Article 16, the decision of the University Promotion Appeal Committee insofar as that decision has been reached in a way that is consistent with the procedures in the Collective Agreement;

(f) Clause 28.15, insofar as the decision of the President is not more severe than that recommended by a University Hearing Committee.

A grievor shall include: 

(a) an individual Member or a group of Members, with the formal support of the Association, against the Board; or, in the cases of Clause 29.06 (Informal Procedure), Article 3, Article 4 or Article 28 (Dismissal), without the formal support of the Association, against the Board;

(b) the Association on behalf of an individual Member or group of Members, or on its own behalf, against the Board;

(c) the Board against the Association, an individual Member, or a group of Members;

and these may be the parties to any grievance. Nothing in this Article 29 shall be deemed to preclude the Association from initiating a grievance which is also capable of constituting an individual grievance or a group grievance or vice-versa.

(a) Before a formal grievance is filed by any party, an attempt will be made to settle the matter by informal discussion between or among the appropriate persons or representatives of the parties which shall occur within and not later than fifteen days of notice of the act or omission giving rise to the dispute. In the case of a grievance initiated by an individual Member or group of Members, written notice of the substance of the grievance shall be given to the Association, and the matter shall first be raised with the Chairperson, Head, Director or Chief Librarian concerned who shall seek to resolve the matter.

 In the case of a grievance initiated by the Association, the matter may first be raised with the Chairperson, Head, Director or Chief Librarian; or, as is appropriate, and with written notice to the Board, the matter may first be raised with the Dean, Vice-President, or President, who shall seek to resolve the matter.

(b) Subject to the requirements of confidentiality in release of documents to Members in Clause 18.11, grievors may request existing documents which bear upon their grievances. Such documents shall be provided promptly, and shall not be unreasonably denied, but may not include materials produced specifically for the purpose of case preparation.

(c) If the dispute cannot be resolved in this way, the Chairperson, Head, Director or Chief Librarian shall advise the Dean or Vice-President In the case of a grievance initiated by an individual Member or group of Members, a representative of the Association shall be present at any discussion of the matter with the Dean or Vice-President. If the dispute is resolved by this procedure, the agreed resolution shall be reduced to writing by the Dean, Vice-President or President within and not later than five days of his, her or their acceptance of the resolution. Whether or not the matter is resolved, the decision of the Dean, Vice-President or President shall be conveyed in writing to the complainant within and not later than fifteen days of the date the matter was first raised as provided above. A copy of such decision shall be sent to the Association and the Board.

Such informal discussions shall not in any way prejudice any dispute resolution procedures set out in this Collective Agreement and such discussions shall be without prejudice.

If the informal procedures of Clause 29.06 do not resolve the matter within fifteen days of the date the matter was first raised, the Association, acting on its own behalf or on behalf of a Member or group of Members, may initiate formal grievance procedures as provided in Clause 29.08. In cases involving allegations of violation by the Board of Article 3 (Academic Freedom) or Article 4 (No Discrimination), if the Association decides not to initiate formal grievance procedures, an individual Member or group of Members shall have the right to initiate formal grievance procedures after advising the Association, and shall have the right to whatever services C.A.U.T. is willing to provide.

Formal grievance procedures shall be initiated against the Board by the grievor (as provided in Clause 29.07) presenting a written grievance to the President within fifteen (15) days of receipt of the decision of the Dean, Vice-President or President that the grievance remains unresolved as provided for in Clause 29.06. The grievor shall use the grievance form attached as Appendix I to this Collective Agreement. The grievance form shall be sent by registered mail or it shall be delivered to the office of the President by hand, and that Office shall provide a receipt. If a grievor is a Member or group of Members, acting under Article 3, Article 4 or Article 28 (Dismissal), the grievor shall send a copy of the written grievance to the Association.

Formal grievance procedures shall be initiated against the Association, an individual Member, or a group of Members by the Board presenting a written grievance to the Association, the Member, or group of Members within fifteen (15) days of the conclusion of the informal procedure contained in Clause 29.06, using the grievance form attached as Appendix I to this Collective Agreement. Where the respondent to such grievance is other than the Association on its own behalf, the Association shall be sent a copy of the grievance.

(a) Within ten (10) days of receipt of the grievance form, the President shall convene a meeting with the President of the Association and any individuals directly involved, for the purpose of resolving the At the meeting there shall be a full discussion of all of the particulars of each party's position and a full exchange of all information and documentation related to the grievance under consideration. In the case of a grievance against the Board, the President shall respond in writing to the grievor within ten (10) days of the meeting and any adjournments thereof indicating a decision in relation to the grievance alleged and the reasons therefor. Such reasons shall be set out in sufficient particularity to allow the grievor to respond. In the case of a grievance by the Board, the appropriate respondent shall respond in writing to the President within ten (10) days of the meeting and any adjournments thereof indicating a decision in relation to the grievance alleged and the reasons therefor. Such reasons shall be set out in sufficient particularity to allow the grievor to respond. A copy of the response shall be sent to the Association and to the Member or Members concerned. 

(b) If the grievance is resolved at this meeting, the agreed resolution shall be reduced to writing by the President and countersigned by the President of the Association, within and not later than twenty-five days from the formal submission of the grievance as specified in Clauses 29.08 or 29.09.

(c) If the grievance is not resolved at this meeting, the parties may agree on further procedures to aid in the resolution of the grievance. These may include the following:

 (i) referral of some or all of the issues in dispute to a mutually agreed mediator, with a deadline for the resolution of the grievance mutually agreed upon;

 (ii) further meetings of the President and the President of the Association and individuals directly involved, with a deadline for the resolution of the grievance mutually agreed upon;

 (iii) further meetings of the President and the President of the Association with the written consent of the individual Member or Members directly involved, with a deadline for the resolution of the grievance mutually agreed upon;

 (iv) referral of some or all of the issues in dispute to an appropriate University Committee.

Cases specified in the following may be submitted to arbitration:

(a) any grievance which has not been resolved by means of the procedures set forth in Clauses 29.08, 29.09 or 29.10, may be submitted to arbitration within and not later than fifteen days of:

(i) the expiry of the deadline for resolution of the grievance agreed to in Clauses 29.10(b) or 29.10(c)(i), or (ii), or (iii);

(ii) the meeting of Presidents as specified in Clause 29.10 (a) if no steps beyond those listed in Clause 29.10 were agreed;

(b) cases involving alleged violation by the Board of Article 3 (Academic Freedom) or Article 4 (No Discrimination). In these cases, a Member or group of Members may submit the matter to arbitration and shall have a right to whatever services C.A.U.T. is willing to provide;

(c) cases where a Member is subject to dismissal in accordance with Clause 25, regardless of the support of the Association;

Except for the provisions in Clause 29.11(b) and (c), submission to arbitration shall be initiated by the Association or the Board. All submissions to arbitration shall be within and not later than fifteen days of the receipt of the response as specified in Clauses 08, 29.09, or pursuant to the provisions in Clause 29.11(a), and written notice shall be given to the other Party of submission of the matter to arbitration.

Unless the parties agree to have an Arbitration Board, as provided in Clause 29.14, a Single Arbitrator shall determine the arbitration, and the following shall apply:

 (a) the Parties agree that the following persons serve as a panel of Single Arbitrators on a rotating basis so long as this Collective Agreement continues to operate:

1. Owen Shime;
2. Brian Bruce;
3. Thomas Kuttner
4. Susan Ashley;
5. Louisa M. Davie;
6. Paula Knopf;
7. Pamela Picher;
8. Bruce Outhouse;
9. William Kaplan;
10. Donald Carter;
11. Kevin M. Burkett;
12. Gus Richardson;

(b) the persons specified in (a) above shall serve as Single Arbitrators in rotation according to the order in which they are listed. Prior to the selection of an arbitrator, the Grievor shall advise the other party of the person to be contacted. The responding party shall have five (5) working days to notify the Grievor of their disagreement with the selection, failing which they will be deemed to consent to the selection of the arbitrator Copies of all correspondence with a person specified in (a) above shall be sent to the other party (or their counsel). If an arbitrator is not available or agreeable to commence hearings within and not later than thirty days of being notified of their requested appointment, the parties (or their counsel) shall consult to determine whether an agreement to waive the thirty (30) day requirement can be achieved. If no agreement to waive the thirty (30) day requirement is achieved, the next person on the list shall be selected, and so on, until one of those on the list is available. For the next arbitration thereafter, the person who appears on the list immediately after the arbitrator last selected shall be next in the sequence of selection. However, by mutual consent in writing, the parties may select a listed arbitrator out of turn or select an arbitrator not on the list;

(c) if none of the persons on the list specified in (a) above can or will act within the required time, and if the parties do not agree on another arbitrator in accordance with (b) above, the parties, within and not later than fifteen days of commencement of the selection process, shall ask the Minister of Labour for the Province of Nova Scotia to appoint such Single Arbitrator, and if that request is not fulfilled within and not later than fifteen days of the date the Minister is requested to act, the Single Arbitrator shall be named in accordance with the Arbitration Act of Nova Scotia.

In the event the parties agree in writing that an Arbitration Board determine the grievance, the Arbitration Board shall be composed of three persons: a nominee of each of the parties and a chairperson to be chosen jointly by the two nominees. The nominee of the Association may be a Member and the nominee of the Board may be a member of the Board or a member of the University staff not included in the bargaining unit. Such nominees shall not be deemed to be advocates for the parties on the Arbitration Board and neither party shall object to such appointment. At the time of giving notice of submission to arbitration the grievor shall indicate the name of its nominee to the Arbitration Board. A Member or group of Members submitting the matter to arbitration without being supported by the Association pursuant to Clause 29.11 (b) and (c) shall give notice to the Association in addition to the Board and shall select a member of the Arbitration Board in the same way as the Association. Within and not later than seven days of receipt of such notice, the other party shall name its nominee. Within and not later than a further five days the two nominees shall select a chairperson for the Arbitration Board. If they are unable to agree upon a chairperson within such time, the Minister of Labour for the Province of Nova Scotia shall be asked to appointthe chairperson and if that request is not fulfilled within and not later than fifteen days of the date the Minister is requested to act, the chairperson shall be named in accordance with the Arbitration Act of Nova Scotia. If an Arbitration Board is agreed upon, the remaining provisions of this Article 29 pertaining to the Single Arbitrator shall likewise apply to such an Arbitration Board.

The Single Arbitrator shall commence the arbitration hearing within and not later than thirty days after being appointed. 

Except as provided in Clause 29.04, any difference between the Parties relating to the interpretation, application, alleged violation or administration of this Collective Agreement, including whether a matter is arbitrable, may be submitted to arbitration. 

The Single Arbitrator shall be confined to the grievance submitted for arbitration and shall have no authority to determine any other issue or issues.

The Single Arbitrator shall be subject to the following limitations

(a) The Single Arbitrator shall not be barred from hearing and deciding the substance of a grievance because of a technical violation, irregularity or failure to follow procedures in this Collective Agreement.

(b) When dealing with grievances involving claims of non-compliance with procedures in this Collective Agreement, if the Single Arbitrator finds that the procedures have not been complied with, they shall direct that the matter be considered again by an appropriate body in accordance with the procedures in this Collective Agreement, unless the Single Arbitrator determines that such reconsideration would be inappropriate.

(c) Where by the terms Collective Agreement, judgment or discretion is to be exercised by the Board or any person or body, the Single Arbitrator shall not substitute their own judgment for that already made unless they find such judgment or discretion have been unreasonable or improper.

The Single Arbitrator shall not have jurisdiction to amend or add to any of the provisions of this Collective Agreement, nor to give any decision inconsistent with the terms of this Collective Agreement. The Parties may agree in advance that, notwithstanding any other Clause of this Collective Agreement, where the Arbitrator concludes the decision of the University to deny tenure is wrong, the Arbitrator may substitute a decision on the merits and award tenure.

No person may be appointed as a Single Arbitrator in relation to any grievance which would involve a conflict of interest because of their personal involvement in the matter that gives rise to the grievance.

In any arbitration involving a matter of academic freedom (Article 3), the arbitrator must be selected in order from the following list: Brian Bruce, Thomas Kuttner, Susan Ashley, Louisa M. Davie, Paula Knopf, William Kaplan, Donald Carter. However, by mutual consent in writing, the parties may select a listed arbitrator out of turn or select an arbitrator not on this list.

An individual Member submitting a matter to arbitration pursuant to Clause 29.11(b) or (c) shall have the right to whatever services the Canadian Association of University Teachers is willing to provide. In the event that an individual Member elects to so proceed, the individual shall give written notice to the President of the University and the President of the Association of their intention to proceed to arbitration.

In addition to those instances in which, according to arbitral jurisprudence, there is an established practice with respect to burden of proof, the burden shall be on the Board to establish just cause in all cases involving dismissal for cause.

Where a Single Arbitrator determines that a Member has been dismissed or otherwise disciplined by the Board for cause, the Single Arbitrator may substitute any other penalty that to the Single Arbitrator seems just and reasonable in all the circumstances.

Without limiting the operation of other appropriate provisions of this Article 29, the fact that a grievance has been presented as an Association grievance shall not prevent a Single Arbitrator from awarding a remedy to an individual Member directly affected by a proven breach, to the same extent as if the individual Member had presented the grievance as an individual grievance, and had succeeded at arbitration.

Each party shall bear the costs of its nominee to an Arbitration Board and the costs of the Single Arbitrator, or chairperson of an Arbitration Board, shall be paid in accordance with the provisions of the Trade Union Act of Nova Scotia.

When a Member proceeds to arbitration without the support of the Association in any case of dismissal in accordance with Clause 29.11(c) or in any case involving Article 3 (Academic Freedom) or Article 4 (No Discrimination) in accordance with Clause 29.11(b), the Member and the Board shall each bear the costs of their nominee and pay the costs of the chairperson or Single Arbitrator in accordance with the Trade Union Act of Nova Scotia.

In cases involving termination of a Member's appointment where a violation of Article 3 (Academic Freedom) or Article 4 (No Discrimination) is established, the costs of the arbitration, including the costs of the arbitrators, shall be borne by the Board.

In the case of an Arbitration Board, a decision of the majority shall be the decision of the Arbitration Board, and where there is no majority decision, the decision of the chairperson shall be the decision of the Arbitration The decision of the Arbitration Board or Single Arbitrator shall be final and binding on all parties.

The time limits as established by this Article 29 may be extended by mutual agreement, in writing, between the Association and the Board in any particular case. The Single Arbitrator or the Arbitration Board shall have the power to relieve against non- compliance with time limits.

Failure by the respondent or respondents to a grievance to respond within the time limit allows the grievor to proceed to the next stage of the grievance or arbitration procedures.

If the grievor fails to proceed with the grievance, either initially, or during the processing thereof through the grievance and arbitration procedures in this Article 29, the grievance shall be conclusively deemed to have been finally resolved.

Any grievance resolved at any stage of the procedures outlined in this Article 29 other than a decision by an Arbitration Board or a Single Arbitrator shall not constitute a precedent in any arbitration proceeding unless agreed to in writing by the Board and the Association.

The Board recognizes the right of the Association to appoint up to twenty (20) Members as grievance The Association will notify the Board in writing of the name of any officer so appointed, and a copy of such notification shall be sent to the Chairperson, Head, Director or Chief Librarian concerned.

Grievance officers shall be entitled to relief from their normal duties for the purpose of investigating and processing grievances, except in the case of scheduled teaching duties for which relief may be arranged for the purpose of attendance at grievance and arbitration hearings. Should participation in such activities conflict with the duties and responsibilities of the Member then mutually satisfactory arrangements shall be made in advance within the Department.

A Member is entitled to an annual vacation of 25 days, which shall be prorated in accordance with Clause 30.02 where applicable, and which may be taken in one or more parts. Vacation dates shall be arranged by the Member in consultation with the Chairperson, Head, Director, Chief Librarian or Dean concerned, to accord with responsibilities of the Member and the Department or other such unit. Vacation entitlement is expected to be used annually but a Member may request that vacation entitlement be carried over from one year to the Requests shall be made to the Chief Librarian, Dean or Vice-President concerned and shall not be unreasonably denied.

(a) A Member employed for less than twelve months in an academic year is entitled to an annual vacation as set out in Clause 30.01, proportional to the length of their employment in the academic year.

 (i) For greater clarity, the formula used to determine annual vacation entitlement in Clause 30.02 (a) shall take the form of:

 Length of Employment (months)/12 months x 25 days = vacation days

   As an example, for a Member employed on a 10-month limited-term contract, the calculation shall be:

 10/12 months x 25 days = 20.8 vacation days

 (ii) The Parties agree that fractional days shall be rounded up.

(b) A Member employed at less than one hundred percent (100%) full-time equivalency shall be entitled to an annual vacation as set out in Clause 01, proportional to their full-time equivalence.

 (i) For greater clarity, the formula used to determine vacation entitlement in Clause 30.02 (b) shall take the form of:

Length of Employment (months)/12 x 25 vacation days x FTE percentage = vacation days

     As examples, for a Member employed on a continuing appointment at 75% full-time equivalency, the calculation shall be:

(12/12) months x 25 days x 75% = 18.75 vacation days

     and for a Member employed on a limited-term contract of 10 months at 75% full-time equivalency, the calculation shall be:

(10/12) months x 25 days x 75% = 15.6 vacation days

 (ii) The Parties agree that fractional days shall be rounded up.

(c) A Member employed on a limited term contract of less than ten months shall be paid a monthly vacation payment equivalent to 8 percent of salary earned in each month.

The following shall be paid holidays for all Members:

New Year's Day                     Dartmouth Natal Day (half holiday)

Munro Day                            Labour Day

N.S. Heritage Day                  Truth and Reconciliation Day

Good Friday                           Thanksgiving Day

Victoria Day                           Remembrance Day

Canada Day                           Christmas Day

Halifax Natal Day                   Boxing Day

and any other day declared as a national holiday by the Federal Government or as a public holiday by the Provincial Government. When one of the above days falls on a Saturday or Sunday, the Board shall declare the preceding Friday or the following Monday to be observed in substitution.

A Member summoned to be a witness or juror by any body with the power to subpoena shall be granted leave with regular salary and benefits for the period requiring absence from the University, but the Member so involved is expected to advise the Chairperson, Head, Director, Chief Librarian or Dean concerned who shall arrange, with cooperation of the Member, to avoid undue interruption of the Member's responsibilities to students. 

A Member who is unable to carry out their regular responsibilities because of illness shall advise the Chairperson, Head, Director, Chief Librarian or Dean concerned who shall arrange for the Member's essential responsibilities to students or others to be rescheduled, if possible. The Member may be required to provide evidence or advice from a medical practitioner concerning the health of the Member. The Member may be granted leave from some or all of the responsibilities assigned in accordance with Article 20, with salary continuing:

(a) on arrangements approved by the Chairperson, Head, Director or Chief Librarian concerned where the illness and resulting disability does not extend for more than one week, and 

(b) on arrangements approved by the Dean or Vice-President concerned where the illness and resulting disability extends for more than one week.

Leave shall not be denied unreasonably and arrangements approved by the Dean or Vice- President may include:

(i) periodic evidence or reports from a medical practitioner concerning the health of the Member, and

(ii) where there is a prospect of continuing and permanent disability, notification by the Board with required documentation provided by the Member concerned to the carrier of the Salary Continuance Programme of Dalhousie University.

A Member who is suspended from some or all regular responsibilities and placed on sick leave in accordance with Clauses 28.05 and 28.21 of this Collective Agreement may be required to provide periodic evidence or reports from a medical practitioner concerning the health of the Member, in addition to the certificate required in accordance with those clauses before termination of suspension, and where there is a prospect of continuing and permanent disability, the Board may notify the carrier of the Salary Continuance Programme of Dalhousie University, with required documentation to be provided by the Member.

The Board accepts responsibility for maintaining provisions for leave for Members and salary continuance with the same cover and benefits as in the Salary Continuance Programme of Dalhousie University on 1 July No changes in the cover and benefits provided for leave for Members shall be made without the approval of the Association.

(a) A Member shall be granted pregnancy leave, consistent in timing and duration with the Labour Standards Code of Nova Scotia, upon provision of evidence or advice from a medical practitioner respecting the anticipated date of delivery arising from the pregnancy. Payment for this period of leave shall be in accordance with the existing SUB plan filed with Service Canada. The benefit payable by the Board under this plan is a weekly amount which combined with the Employment Insurance benefit and any other earnings from employment will equal ninety-five percent (95%) of the Member's regular salary at the commencement of the leave for a maximum period of seventeen (17) weeks. Further unpaid leave shall not be unreasonably denied. (This ninety-five percent (95%) top-up applies where the Member has the requisite number of weeks of insurable earnings for Employment Insurance, irrespective of the length of time of employment at Dalhousie.)

When a Member is granted pregnancy leave and qualifies for parental leave under the Labour Standards Code of Nova Scotia and for parental benefits under the Employment Insurance Act as determined by Service Canada, the benefit payable by the Board is a weekly amount which combined with the Employment Insurance benefit and any other earnings from employment will equal ninety-five percent (95%) of the Member’s regular salary at the commencement of the parental leave for a maximum period of fourteen (14) weeks. Further unpaid leave shall not be unreasonably denied. (This ninety-five percent (95%) top-up applies where the Member has both the requisite number of weeks of insurable earnings for Employment Insurance and has been an employee at Dalhousie for at least a year.) 

(b) When a Member has become a parent other than by giving birth, including by adoption, they may arrange, with the approval of the Chairperson, Head, Director, Chief Librarian or Dean concerned, for leave from some or all of their duties and responsibilities assigned under Article 11, Article 12, Article 13 or Article 20 as appropriate. Such leaves shall not be unreasonably denied, and shall be with full salary and benefits for a period reasonable in the circumstances, but in any case not less than five days if the Member so requests. Further unpaid leave shall not be unreasonably denied.

(c) When a Member qualifies for parental benefits under the Employment Insurance Act related to parenthood, as determined by Service Canada, the benefit payable by the Board shall be the difference between ninety-five percent (95%) of the Member's regular salary at the commencement of the leave and the amount the Member receives from Employment Insurance benefits plus any other earnings from employment, for a maximum period of seventeen (17) weeks. Further unpaid leave shall not be unreasonably denied. (This ninety-five percent (95%) top-up applies where the Member has the requisite number of weeks of insurable earnings for Employment Insurance, irrespective of the length of time of employment at Dalhousie.)

When a Member qualifies for parental leave under the Labour Standards Code of Nova Scotia and for parental benefits under the Employment Insurance Act related to parenthood as determined by Service Canada, the benefit payable by the Board shall be the difference between ninety-five percent (95%) of the Member’s regular salary at the commencement of the leave and the amount the Member receives from Employment Insurance benefits plus any other earnings from employment, for a maximum period of fourteen (14) weeks. Further unpaid leave shall not be unreasonably denied. (This ninety-five percent (95%) top-up applies where the Member has both the requisite number of weeks of insurable earnings for Employment Insurance and has been an employee at Dalhousie for at least a  year.)

For clarity, this clause applies to both adoptive and biological parents.

The benefit payable by the Board shall not be in addition to the full salary benefit as may be arranged under Clauses 30.08(b).

The following is a tabular representation of Sub-Clauses (a) - (d) of this Clause 30.08:

(d) There shall be no increase in the Member’s workload following a pregnancy, paternity, parental or adoption leave to make up duties not assigned or not performed because of such leave.

(e) The period of pregnancy, or parental leave pursuant to Clauses 30.08(a), (b), or (c) shall be credited towards years of full-time service in the calculation of eligibility for sabbatical, educational and special leaves. Members on such leaves interrupted by a pregnancy or parental leave pursuant to Clauses 30.08(a), (b), or (c) shall have the option to resume the remaining interrupted leave immediately following the pregnancy or parental leave.

(f) Where a Member is subject to a waiting period of two (2) weeks before receiving Employment Insurance benefits for pregnancy or parental leave, the Member shall receive an amount equal to ninety-five percent of their normal weekly rate of pay for each week of the waiting period.

(g) By written notice to the Chair, Head, Director or Associate University Librarian of their academic unit, a Member on parental leave may elect to defer for one year consideration of decisions relating to their continuing appointment, appointment without term or The Member’s appointment shall be extended by the period of the deferral.

When there is a death or critical illness in the immediate family of a Member, or when similar circumstances necessitate compassionate leave, the Member concerned may arrange, with the approval of the Chairperson, Head, Director, Chief Librarian or Dean concerned for leave from some or all of the individual's duties and responsibilities assigned in accordance with Article 11, Article 12, Article 13 or Article 20 as

Such leaves shall not be unreasonably denied, and shall be with full salary and benefits for a period reasonable in the circumstances. Further unpaid leave shall not be unreasonably denied. 

PERSONAL PROBLEMS AND EMERGENCIES

Release from scheduled teaching, professional service and departmental responsibilities, with regular salary and benefits shall not be unreasonably denied to Members who request it for personal problems and emergencies, including medical appointments, the illness of a child, unscheduled daycare closure, dental appointments and relocation of residence, provided arrangements satisfactory to the Chairperson, Head, Director, Chief Librarian or Dean concerned are made to reschedule essential teaching, professional service or departmental responsibilities, if possible. In case of emergency, the Chairperson, Director, Head, Chief Librarian or Dean shall make the arrangements for rescheduling.

A Member may become a candidate for elected office at the federal, provincial or municipal level without prejudice to that Member's position at Dalhousie University and shall be entitled to elect one of:

(a) reduction of responsibilities assigned in accordance with Article 11, Article 12, Article 13, or Article 20 with no reduction in regular salary and benefits;

(b) annual vacation;

(c) unpaid leave;

for the period up to one month that the Member selects, provided that the Member gives the appropriate Chairperson, Head, Director, Chief Librarian or Dean at least one month's notice in advance of the period selected to allow the Chairperson, Head, Director, Chief Librarian or Dean to arrange for the Member's duties to students and others to be otherwise met. 

If elected to political office, a Member shall be entitled to unpaid leave of absence for a period up to five years, or may apply to have responsibilities assigned in accordance with Article 11, Article 12, Article 13 or Article 20 reduced, with corresponding reduction of salary, for a period up to five years and the Board shall not unreasonably deny such application.

Some Members must consult sources outside Dalhousie University, visit libraries, laboratories and other sources of the material necessary for teaching, scholarship, research and related activity, and observations must often be done in the field. Members are expected to be on campus at times appropriate to meet their responsibilities in teaching, in consulting with students and others, in administrative or committee work in accordance with Article 11, Article 12, Article 13, Article 17 and Article 20. Members have the responsibility of advising their Chairperson, Head, Director or other appropriate administrative officer of the University of their location and the means by which they may be contacted when carrying out their responsibilities elsewhere than on the University campus. Members who propose to be absent on a regular basis, for other reasons, for one or more days a week or for any period of a week or longer (except for annual vacation) are expected to ensure that their proposed arrangements are acceptable as compatible with their responsibilities and with those of their Department or other such unit.

With the agreement of the Department or other similar units affected, and the Board, a Member may undertake retraining for new When such retraining involves a period of leave, the Member's salary and benefits shall continue and the cost of retraining shall not be the responsibility of the Member. The Member shall carry their rank, tenure status and years of service toward sabbatical or special leave during and after the period of retraining.

The Board agrees to grant sabbatical leave to a Faculty Member or instructor Member at the rank of University Teaching Fellow with a career stream appointment on the following conditions:

(a) that the leave is expected to benefit the Member and the University, following the Member's return, through future teaching, research, scholarly, artistic and/or professional work, as defined in Articles 17, 20 and, in the case of Continuing Education Members, 37, and is not merely to recognize previous service;

(b) that before commencement of leave, the Member will submit to the Dean or Vice- President concerned a statement outlining the programme to be followed during leave and including a statement of any salary or earnings from services expected to be rendered, or any external research grant or other support received, in connection with the planned programme; 

(c) that upon return to the University following sabbatical leave the Member will submit a report to the Dean or Vice-President concerned regarding the programme of research, scholarly, artistic and/or professional work, as defined in Articles 17 and 20, pursued during leave;

(d) that the Member has completed service at Dalhousie University in accordance with Clause 30.17.

Sabbatical leave, when granted, may be for the following periods, provided that it does not begin or end in the middle of a normal teaching term for the Member:

(a) for a full year, from 1 July to the following 30 June;

(b) for a half year which may be from 1 January to 30 June or from 1 July to 31 December;

(c) for a full year, from 1 January to the following 31 December, provided satisfactory arrangements can be made to maintain essential responsibilities within the Member’s Department, School, College, Institute or Faculty. 

In special circumstances the period of sabbatical leave may be altered as agreed by the Member and the Dean or Vice-President.

Initial sabbatical leave and associated salary depends on a Faculty Member's or instructor Member at the rank of University Teaching Fellow’s years of service on the academic staff of Dalhousie University in a career stream appointment or any other university just prior to taking up an appointment at Dalhousie University, normally as follows:

(a) two years of full-time service with an academic appointment to which sabbatical leave attached at another university since the last sabbatical leave granted to the Member at that university shall be counted as one year of service at Dalhousie University, up to a maximum of two years (or three years for a person appointed with tenure) and such allowance for prior service shall be set out in the person's letter of appointment at Dalhousie University;

(b) a minimum of three years of actual service at Dalhousie University shall be required of those Members holding appointments with tenure, and a minimum of four years of actual service at Dalhousie University shall be required of other Members, before commencement of an initial sabbatical leave;

(c) Service in a limited term appointment at Dalhousie in the six academic years preceding a tenure stream appointment or appointment or promotion to the rank of University Teaching Fellow will count towards eligibility for sabbatical leave at a ratio of 1:1 provided that the Member succeeds in achieving a tenure stream appointment or appointment or promotion to the rank of University Teaching Fellow at Dalhousie University.

(d) subject to Clause 30.17(g), after a total of six years of service, including credit for service elsewhere, a Member may have leave as in Clause 30.16(a) or (c) with 85% of regular salary, or may have leave as in Clause 30.16(b) with regular salary;

(e) subject to Clause 30.17(g), after three years of actual service by a Member holding an appointment with tenure, or after four years of actual service by other Members, leave as in Clause 30.16(b) may be granted with 85% of regular salary;

(f) subject to Clause 30.17(g), after a total of six years of service, including credit for service elsewhere, a Member may choose to have leave as in Clause 30.16(b) with 85% of regular salary, and after the use of this option the Member shall retain three accumulated years of service towards sabbatical leave;

(g) if salary support for leave granted by external agencies brings the Member's salary above their regular salary rate then the sabbatical leave may be reduced providing:

i) not less than 60 percent of regular salary rate or, in the case of a part-time Member, of their regular salary, shall be paid; and

ii) the reduction shall not exceed the amount by which the Member's salary with support exceeds the regular salary rate;

(h) in the case of those Members who hold or who have held part-time appointments, the fraction of full-time duties which shall be relevant in determining sabbatical salary (subject to the other provisions of this Clause 30.17) shall be the average of such fractions (as determined in accordance with Clause 14.06) over the qualifying years.

Subject to Clauses 30.19 and 30.20, after an initial sabbatical leave a Member may be granted further such leaves after additional periods of service at Dalhousie University, and these additional periods of services and inter-related leave and salary shall be those specified in Clauses 30.17(c), (d) and (e) counted from the resumption of regular duties by the Member following the period of sabbatical leave and shall include any period of pregnancy or parental leave specified in Clause 30.08. When a Member cancels or postpones their sabbatical or educational leave to take a pregnancy or parental leave, the Member shall retain leave credit for years of service spent on pregnancy and parental leave for use following a planned sabbatical or educational leave.

Where it is in the Member's interest as determined by the Member and it is not contrary to University interests as determined by the Board, in special cases the normal period of service required for sabbatical leave may be reduced on condition that the Member agrees that any future sabbatical leave is postponed by a period similar to any reduced period of service.

If a Member applies for sabbatical leave and the conditions of Clauses 30.15 and 30.17 or 30.18 are met but it is in the interests of the University that leave be postponed, the Member who agrees to postpone sabbatical leave upon request by the Dean or Vice- President concerned shall receive additional salary support of 2.5 percent for each 6 month period of postponement to a maximum of two years, provided, however, that the total salary support resulting from this provision does not exceed 100% of the Member's regular salary, and shall be entitled to have the period of service required before any subsequent leave reduced to the extent the prior leave is postponed.

(a) A Member granted sabbatical leave may arrange to cancel or postpone their leave with the approval of the Board.

The Board shall provide a fund in the amount of $327,615 for the academic year 2022/23 for expenditure in the fiscal year 2023/24, an amount of $335,806 for the academic year 2023/24 for expenditure in the fiscal year 2024/25, and an amount of $344,202 for expenditure in the fiscal year 2025/26 to provide grants to supplement salary and/or research grants payable to Members granted sabbatical leave or special leave for part or all of that year. A Member granted sabbatical or special leave who is not in receipt of external grant support for leave in excess of 25 percent of regular salary may apply for a supplemental leave grant. Application shall be made to the appropriate Committee on Research Development of the Office of Research Services and shall include a statement of expenses the Member expects to incur as a result of research and scholarly work during leave and a statement of anticipated external grants or earnings from services rendered during leave (unless such earnings would normally be classified under Article 22). In cases of doubt about the appropriate Committee on Research Development, the Vice-President (Research) shall decide which committee shall process the application. The committee concerned shall consider all applications, giving particular preference to Members whose research and scholarly work necessitates travel to other libraries, laboratories, conferences, research or similar centres. The committees shall not unreasonably deny applications and may award supplemental grants, ordinarily not in excess of 25 percent of regular salary, and the decisions of the committees within the limit of the amounts specified herein shall be processed by the Vice-President (Research) for adding to the regular salary/research grant support provided to the Member during leave. Decisions of the committees when implemented by the Vice-President (Research) shall not be subject to grievance and arbitration proceedings.

Members who by virtue of holding an external appointment are ineligible to apply for supplemental leave funds from external agencies may apply to the appropriate committee on Research Development of the Office of Research Services referred to in Clause 30.22 for a grant to supplement salary during sabbatical or special leave. The Board agrees to provide funds over and above those referred to in Clause 30.22 for such grants, which ordinarily shall not be in excess of 25 percent of regular salary.

A Member who has served on the full-time academic staff for at least the period required for an initial sabbatical leave in accordance with Clause 30.17 and who subsequently transfers to part-time service as a Member on the academic staff or who has accepted less than full-time responsibilities and correspondingly reduced salary, shall be considered for sabbatical leave in accordance with Clauses 30.15 to 30.22.

Special leave to pursue research and scholarly work that directly complements their work at Dalhousie University may be granted to professional counsellor Members in accordance with Clause 13.09, professional librarian Members, to Members holding research appointments, and Members holding part-time appointments and employed on a twelve-month basis during two consecutive three-year appointments as provided in Clause 14.16(b)(iii). When special leave is granted, it shall be on the same conditions as those applying to other Members to whom sabbatical leave is available, in accordance with Clauses 30.15 to 30.22.

Members who have been Heads or Chairpersons of a Department for at least five consecutive years immediately preceding the special leave referred to in this Clause 30.25 shall be entitled to such special leave upon the expiry of their term as Head or Chairperson, and such special leave shall be on the same terms as a sabbatical leave provided in Clauses 30.15 and 30.16, and salary support shall be on the same terms as provided in Clauses 30.17(d) or (f) and 30.22. Members who have accumulated years of service toward a regular sabbatical leave at the time they take up an appointment as Chairperson or Head shall retain those accumulated years of service but years served as Head or Chairperson shall not be counted as years of service toward a regular sabbatical leave unless the Member waives consideration under this Clause 30.25. Clause 30.20 shall not apply in cases where a Member postpones a regular sabbatical leave in order to accept an appointment as Head or Chairperson and subsequently takes a special leave under the terms of this Clause 30.25. Sabbatical leaves for Members serving as Heads or Chairpersons for less than five consecutive years shall not be affected by this Clause 30.25.

Service by Members for any period or periods exceeding the minimum conditions for sabbatical or special leave, except in accordance with Clauses 30.17(f) and 30.20, does not reduce the period of service required for any second or subsequent sabbatical or special leave, and years of service do not accumulate for more than one future leave at a time.

Application for sabbatical leave or special leave, as provided for in Clauses 30.15 to 30.24, shall be made through the Chairperson, Head, Director or Chief Librarian to the Dean or Vice-President, and shall be made not later than 1 November of the academic year prior to that in which leave is proposed.

While on sabbatical or special leave a Member:

(a) shall continue to pay dues to the Association in accordance with Article 7, and contributions to pension and other benefit programmes, in accordance with Article 32, shall be continued by the Member and the Board;

(b) may apply on the prescribed form through the Chairperson, Head, Director or Chief Librarian to the appropriate Committee on Research Development of the Office of Research Services to have a portion of leave remuneration paid as a research grant; the amount allowed shall be paid as a research The research grant portion of leave remuneration may vary by month if requested in writing by the Member in advance of the leave;

(c) may have leave remuneration reduced by any amount the Member derives during leave for services rendered, unless such services would normally fall under the provisions of Article 22 as extra-professional activities, or from external grants designed to support the Member while on leave if the total remuneration during leave exceeds the equivalent of full regular salary and reasonable expenses incurred:

i) by the Member and their spouse and dependents in moving to and back from the place or places in which the Member is to reside during the leave period, where such expenses have not been otherwise provided for; and

ii) in connection with research and scholarly work while on leave.

Members may apply through their Chairperson, Head, Director or Chief Librarian for unpaid leave of absence from Dalhousie University, if possible not less than six months before the date requested for initiation of leave. Unpaid leave of absence shall not be withheld unreasonably, and in particular shall not be withheld unreasonably from the spouse of any Member who has been granted sabbatical leave where the spouse is also a Member of the bargaining unit, but may be limited to periods of up to two years at a time, subject to Clause 30.12. A Member on unpaid leave of absence shall continue payment of dues or other charges directly to the Association, in accordance with Article 7, and during such leave may choose to contribute to the Dalhousie University Staff Pension Plan and other available benefit options, subject to the approval of the Board, and subject to the provisions of any individual insurance policies and the Pension Plan. 

When a Member is a Chairperson or Head, the Dean of the Faculty concerned shall be informed of absences and vacations in accordance with this Article 30.

(b) Professional librarian and professional counsellor Members may be granted time off in order to attend conferences, meetings, workshops and seminars when such are relevant to the position held by the Member and when attendance has been approved through the regular unit procedure. Arrangements must be made sufficiently in advance so as to ensure that regular duties and responsibilities are carried out during any such absence.

Reimbursement for travelling and living expenses for professional librarian and professional counsellor Members shall be in accordance with Clause 30.33.

(a) The Board agrees to grant educational leave to pursue academic studies that complement their work at Dalhousie University and which will also benefit their Department to instructor Members on the conditions set out in this Clause 30.32. In order to be eligible for the granting of educational leave, a Member must have completed six (6) years of service at Dalhousie University, or shall have completed seven (7) years of service at Dalhousie University calculated from the initial date of the previous educational leave project. 

(i) Up to three (3) years of service in a limited term appointment at Dalhousie in the six academic years preceding a continuing stream appointment or appointment to the rank of Senior Instructor will count towards eligibility for educational leave at a ratio of 1:1 provided that the Member succeeds in achieving a continuing stream appointment or appointment to the rank of Senior Instructor at Dalhousie University.

(b) Before the Board grants educational leave to an instructor Member, that Member shall submit to the Dean, eight months prior to the date the requested leave is to commence, a statement specifying the leave project, and the instructor Member’s Department shall submit to the Dean an assessment and recommendation concerning the leave. The assessment shall include a consideration of the arrangements necessary to maintain the academic program(s) of the Department during the proposed period of Provided the Dean and the Department agree that the conditions in Clause 30.32(a) have been satisfied, and provided the Member’s Department recommends the granting of such leave, the Dean shall recommend to the President within two months of receiving the application that the proposed educational leave be granted. There shall be no replacement appointment for the instructor Member on educational leave unless the Dean agrees that such an appointment is necessary. In the event that the Dean recommends to the President that the proposed educational leave not be granted, the Dean shall write to the instructor Member giving the reasons for this recommendation.

(c) When educational leave is granted to instructor Members, it may be:

i) for a full year, from 1 July to the following 30 June with 85% of regular salary, or

ii) for a full year, from 1 January to the following 31 December, provided satisfactory arrangements can be made to maintain essential responsibilities within the Member's Department, School, College, Institute or Faculty with 85% of regular salary, or 

iii) for a half year which may be from 1 January to 30 June or from 1 July to 31 December at regular salary.

The salary paid while on educational leave may be reduced in the light of salary support for leave granted by external agencies but not less than sixty percent (60%) of regular salary shall be paid.

(d) Pursuant to Clause 30.32(b) herein, the proposed educational leave may be approved in one or more segments not to exceed twelve (12) months in total when leave is pursuant to Clause 30.32(c)(i) or (ii) or not more than six (6) months in total when leave is pursuant to Clause 30.32(c)(iii).

(e) Notwithstanding the above provisions contained in this Article 30, when it has been determined that retraining is appropriate for an instructor Member, the Dean may authorize a Special Educational Leave for this purpose following approval through regular Departmental procedures. Unless otherwise agreed with the instructor Member, such Special Educational Leave shall be included in the eligibility period for Educational Leave as specified in Clause 30.32(a) herein.

(f) An instructor Member who is granted Educational Leave or Special Educational Leave must agree to return to duties at Dalhousie University for a period equal to the period of such leave(s) or reimburse the Board for the full amount of the financial assistance received from the Board during the leave(s). If an instructor Member returns to the University for a period of time less than the length of the leave, the reimbursement will be prorated accordingly.

The Board shall provide a fund in the amount of $20,027 for the academic year 2022/23 for expenditure in the fiscal year 2023/24, an amount of $20,528 for the academic year 2023/24 for expenditure in the fiscal year 2024/25, and an amount of $21,042 for the academic year 2024/25 for expenditure in the fiscal year 2025/26 to provide grants to supplement salary and/or research grants payable to Members granted educational leave or special educational leave for part or all of that year. A Member granted educational or special educational leave who is not in receipt of external grant support for leave in excess of twenty-five percent (25%) of regular salary may apply for a supplemental leave grant. Application shall be made to the appropriate Committee on Research Development of the Office of Research Services and shall include a statement of expenses the Member expects to incur as a result of research and/or scholarly work during leave and a statement of anticipated external grants or earnings from services rendered during leave (unless such earnings would normally be classified under Article 22). In cases of doubt about appropriate Committee on Research Development, the Vice-President (Research) shall decide which committee shall process the application. The committee concerned shall consider all applications, giving particular preference to Members whose research and/or scholarly work necessitates travel to other libraries, laboratories, conferences, research or similar centres. The Committees shall not unreasonably deny applications and may award supplemental grants, ordinarily not in excess of twenty-five percent (25%) of regular salary, and the decisions of the committees within the limit of the amounts specified herein shall be processed by the Vice-President (Research) for adding to the regular salary/research grant support provided to the Member during leave. Decisions of the committees when implemented by the Vice-President (Research) shall not be subject to grievance and arbitration proceedings.

(g) Financial assistance may also include assistance to offset part or all of the cost relating to tuition fees, travel and relocation.

(h) If an instructor Member applies for educational leave and the conditions in Clauses 30.32(a), (b) and (c) are met but it is in the interests of the University that leave be postponed, the Member who agrees to postpone educational leave upon request by the Dean shall receive additional salary support of 2.5 percent for each six month period of postponement to a maximum of two years, provided, however, that the total salary support resulting from this provision does not exceed 100% of the Member's regular salary, and shall be entitled to have the period of service required before any subsequent leave reduced to the extent the prior leave is postponed.

(i) An instructor Member who is granted Educational Leave or Special Educational Leave may apply on the prescribed form through the Chairperson, Head or Director to the appropriate Committee on Research Development of the Office of Research Services to have a portion of leave remuneration paid as a research grant; the amount allowed shall be paid as a research grant. The research grant portion of leave remuneration may vary by month if requested in writing by the Member in advance of the leave.

The Board expects that Members may attend conferences, workshops and study-sessions in places other than Dalhousie University, as judged necessary to extend and communicate their knowledge, including travel directly related to instructional development and the quality of The Board, therefore, agrees to reimburse out of the funds provided in Clause 30.34 the travelling and living expenses of those Members whose attendance is approved under the guidelines recommended by the relevant Faculty committee and approved by the Dean. Such guidelines shall include reference to the per diem maximum payable to a Member. The Faculty committee shall also make recommendations to the Dean concerning individual applications for the Dean's decision. For the purposes of this Clause, the professional librarian and professional counsellor Members shall set up Travel Committees, which shall be the Faculty-level committees for this purpose, to make recommendations to the appropriate Chief Librarian or Vice- Provost (Student Affairs) regarding reimbursement of the travelling and living expenses of those professional librarian and professional counsellor Members whose attendance at conferences and/or meetings is recommended by these committees.

The Board shall provide a fund for expenditure in the fiscal year for travel by The amount of the fund for the fiscal year 2023/24 shall be $853,026, for the fiscal year 2024/25 shall be $874,352, and for the fiscal year 2025/26 shall be $896,211. Faculty-level committees shall be notified no later than 1 March of the amount of funds to be allocated to them for the upcoming fiscal year.

This fund shall be divided into two portions:

(a)(1) subject to Clause 30.34(a)(2), ninety-eight percent of the travel fund for each fiscal year shall be allocated to Faculties, the College of Continuing Education, the Counselling Centre and the Library System in proportion to the number of Members each contains, for distribution to Members on a fair and equitable basis by the Deans, Chief Librarians or Vice-President (Student Services), on the advice of Heads, Chairpersons or Directors, and the committees mentioned in Clause 30.33:

i) the travel funds allocated to a Faculty, College, Centre or Library System for any fiscal year shall not be overspent in that fiscal year by more than 10% of the allocated amount and the overspent amount shall be debited to the amount allocated for the following fiscal year;

ii) the travel funds allocated to a Faculty, College, Centre or Library System for any fiscal year may be underspent in that fiscal year by no more than 10% of the allocated amount and any excess of underspending beyond that 10% shall be taken into general Dalhousie University revenue;

iii) overspending and underspending of travel funds allocated to a Faculty, College, Centre or Library System shall be permitted to accumulate over three fiscal years but at the end of each fiscal year the accumulated amount of overspent and underspent funds for that fiscal year and the two fiscal years preceding it shall not be an over-expenditure exceeding 10% of the travel funds allocated in the fiscal year just ending and shall not be an underexpenditure exceeding 30% of the travel funds allocated in the fiscal year just ending;

iv) expenditure of travel funds shall be said to occur on the date when payment is made from them or on the date when an invoice for payment is received by the Board, whichever is earlier;

(a)(2) in determining the allocation to the Faculties, the College of Continuing Education, the Counselling Centre and Library System pursuant to Clause 30.34(a)(1), each such unit shall be entitled to the greater of: 

i) $5,593, or

ii) an allocation based on the proportion of the number of Members each contains provided that the total funds allocated under Clause 30.34(a) shall not exceed ninety-eight percent of the travel fund;

(b) the remaining two percent of the travel fund for each fiscal year shall be allocated for travel by the President, or his delegate, on a fair and equitable basis, to those Members for whom Clause 30.34(a)(2) does not apply. The President, or his delegate, may distribute any funds remaining after such allocation to Members whose travel requirements cannot be met through Clause 30.34(a)(2).

Members on leave shall not be eligible for travel support from these funds.

For Members employed full-time for 12 months during the academic year, the regular salary as defined in Article 1, shall be adjusted as provided in this Article For Members employed full-time for less than 12 months during the academic year, the regular salary as defined in Article 1, shall be adjusted as provided in this Article 31 multiplied by the fraction obtained by dividing the number of months employed by 12. For Members employed less than full-time during the academic year, the regular salary as defined in Article 1, shall be adjusted as provided in this Article 31 multiplied by the fraction of full-time duties they were employed to carry out in accordance with the specification of this fraction in Clause 14.06. For Members employed less than full-time for less than 12 months during the academic year, the regular salary as defined in Article 1, shall be adjusted as provided in this Article 31 multiplied by both fractions.

All increases in regular salary rates arising from the application of this Article 31 shall take effect from the date indicated or the starting date of the Member's employment if that is later. The effect of adjustment of salaries on pension benefits shall also take effect from the same date as the salary adjustment.

COMPARABILITY ADJUSTMENTS

Comparability adjustments shall be paid to all Members in all ranks listed The comparability adjustments shall form part of each Member’s base salary, up to the applicable salary maxima and has been applied to the scales in Schedules A – O. Comparability adjustments shall be as follows:

All adjustments to the base salaries for all ranks shall be calculated in accordance with the following order of operations: 

1. Income Maintenance Change (IMC)
2. Career Development Increment (CDI)
3. Promotion adjustment
4. Comparability adjustment
5. Anomalies Fund adjustment
6. Special Salary Increase (SSI)

For example, where a Member holding the rank of Assistant Professor receives promotion to Associate Professor effective July 1, 2023 and an anomalies fund adjustment of $6,000, the calculation shall take the form of:

Base salary ($100,000) + IMC (2.5%) + CDI ($2,921) + Promotion adjustment ($2,921) + Comparability adjustment ($750) + Anomaly Fund adjustment ($6,000) + SSI ($0) = new base salary ($115,092)

Adjustments of regular salary rates for 2022/23 shall be made only for those Members falling into one of the following categories:

(a) Members whose appointments took effect on or before 1 January 2022, who had a regular salary rate for 2021/22, who received no adjustment to their regular salary rates for 2022/23 prior to 1 July 2022 and who have been employed as Members from at least 1 January 2022 to 1 July 2022;

(b) Members whose appointments took effect after 1 January 2022, whose regular salary rate at the time of appointment as a Member was specified to be the rate for 2021/22 and subject to adjustment for 2022/23, who have received no subsequent adjustment to their regular salary rates for 2022/23 prior to 1 July 2022, and who have been employed from the date of their appointment to 1 July 2022.

Members who started employment after 1 January 2022 at regular salary rates specified as 2022/23 rates are not eligible for further adjustments to their regular salary rates for 2022/23, subject to terms set out in their letters of appointment, unless their regular salary rate is less than that shown in the appropriate Such Members shall receive an Adjustment to the Scale necessary to bring their regular salary rate up to the minimum for their rank and Y value, as shown in the appropriate Schedule.

Insofar as the salary paid to a Member for 2022/23 is modified solely as a result of a change in the fraction of full-time duties that Member is employed to carry out, such a modification shall not be interpreted as an adjustment in regular salary rate for the purpose of Clause 31.05. Notwithstanding the limitations imposed by Clause 31.05, adjustments of 2022/23 regular salary rates approved by the Association-Board Committee under the provisions of the Collective Agreement shall be further adjusted as required by the form of that approval.

The regular salary rates for 2022/23 for Members other than professional librarian, instructor and professional counsellor Members, who qualify for an adjustment of regular salary rate in accordance with Clauses 31.02, 31.03, 31.04, and 31.05 shall be determined as follows:

(a) an Income Maintenance Change (I.M.C.) equal to 3.00 percent of the Member's 2021/22 regular salary rate shall be added to the Member's 2021/22 regular salary rate for 2022/23, effective 1 July 2022

(b) subject to Clauses 31.58 and 31.65, a Career Development Increment (C.D.I.) of $2849 shall be added to their 2021/2022 regular salary rate for 2022/23, effective 1 July 2022 unless the C.D.I. is withheld in accordance with Clause 31.10 or unless the Member was appointed after 1 January 2022 and had the year 2022/23 allowed as a year of creditable performance at the time of the appointment, in which case no C.D.I. shall be paid in 2022/23;

(c) a salary adjustment on promotion in the amount of $2,849 for those Members promoted to Associate Professor and a salary adjustment on promotion in the amount of $2,849 for those Members promoted to Professor shall be added to their regular salary rate for 2022/23 effective 1 July 2022;

(d) a comparability adjustment in the amount of $750 for Lecturers and Assistant Professors, $1,000 for Associate Professors, and $1,250 for Professors shall be added to the Member’s 2021/2022 regular salary rate for 2022/23, effective 1 July 2022.

After application of Clause 31.08, the regular salary rates for 2022/23 for Members other than professional librarian, instructor and professional counsellor Members, whose regular salary rates are less than those specified in Schedule A for their rank and Y value, shall be increased by an Adjustment to Scale such that these regular salary rates shall equal those shown in Schedule A.

(a) The C.D.I. is intended to provide financial progress through each rank commensurate with actual development in a Member's career. Career development is not a measure of the number of years a Member has been employed in a rank, but is based upon, recognizes and rewards actual development in the quality of performance in relation to the Member's responsibilities specified in Article 17, the Member's workload approved or authorized in accordance with Article 20, and the characteristics and contributions relevant to appointment, reappointment, promotion and tenure. Upon the recommendation or agreement of the appropriate Chairperson, Head or Director and Dean or Vice-President, and the concurrence of the President, the C.D.I. may be withheld if the performance of the Member during the preceding academic year is judged, by the criteria referred to in this Clause 31.10, to have shown substantially less career development than might reasonably be expected for a Member of that rank. Before the President concurs with the withholding of a C.D.I., the President or their delegate shall review with the Member the basis for the judgment before any financial adjustment is made to the Member's salary. When such withholding is done, the Member and the Association shall be notified by the Dean or Vice-President, in writing, that the action has been taken and the reasons for it, making specific reference to the criteria below which the Member's performance fell substantially. Such notice shall be given not later than the end of the month within which the C.D.I. is first withheld. 

(b) An isolated case of unsatisfactory teaching evaluation results for a single half-credit or full-credit course shall not be the basis for denial of a C.D.I.

The minimum regular salary rate shall be constructed from the minimum for each The minimum regular salary rate for the ranks of Lecturer and Assistant Professor shall be the 2021/22 rank minimum increased by 3.00 percent (I.M.C.), plus the comparability adjustment of $750. The minimum regular salary rate for the rank of Associate Professor shall be the 2021/22 rank minimum increased by 3.00 percent (I.M.C.) plus the comparability adjustment of $1,000. The minimum regular salary rate for the rank of Professor shall be the 2021/22 rank minimum increased by 3.00 percent (I.M.C.) plus the comparability adjustment of $1,250.The minimum regular salary rates for 2022/23 for Members other than professional librarian, instructor and professional counsellor Members shall be as follows:

Effective 1 July 2022

1. Lecturer, or equivalent $ 71,025
2. Assistant Professor, or equivalent $ 79,560
3. Associate Professor, or equivalent $ 97,593
4. Professor, or equivalent $113,028

These minima shall, as of 1 July 2022, be $11,117 higher for those in the Faculty of Law with a degree in law which is recognized by a professional bar society and for those in other Faculties for whom a degree in law, which is recognized by a professional bar society, is a requirement for appointment and the minima shall be $19,040 higher for those in the Faculty of Medicine with a degree in medicine which is recognized by a provincial medical board or comparable agency.

The regular salary rates for 2022/23 for professional librarian Members, who qualify for an adjustment of regular salary rate for 2022/23 in accordance with Clauses 31.02, 31.03, 31.04, and 31.05, shall be adjusted as follows:

(a) an Income Maintenance Change (I.M.C.) equal to 3.00 percent of the Member's 2021/2022 regular salary rate shall be added for 2022/23 effective 1 July 2022;

(b) subject to Clause 31.58 and 31.65, a Career Development Increment (C.D.I.) of $2,284 for Librarian 1, and $2,645 for Librarians 2, 3 and 4 shall be added to their 2021/22 regular salary rate for 2022/23 effective 1 July 2022, unless the C.D.I. is withheld in accordance with Clause 31.14 or unless the Member was appointed after 1 January 2022 and had the year 2022/23 allowed as a year of creditable performance at the time of the appointment, in which case no C.D.I. shall be paid in 2022/23;

(c) a salary adjustment on promotion in the amount of $2,645 for those Members promoted to Librarian II, III or IV shall be added to their regular salary rate for 2022/23 effective 1 July 2022;

(d) a comparability adjustment in the amount of $750 for Librarians I, II, III, and IV, shall be added to the Member’s 2021/2022 regular salary rate for 2022/23, effective 1 July 2022.

After application of Clause 31.12, the regular salary rates for 2022/23 for professional librarian Members, whose regular salary rates are less than those specified in Schedule B for their rank and Y value, shall be increased by an Adjustment to Scale such that these regular salary rates shall equal those shown in Schedule B.

The C.D.I. is intended to provide financial progress through each rank commensurate with actual development in a Member's Career development is not a measure of the number of years a Member has been employed in a rank, but is based upon, recognizes and rewards actual development in the quality of performance in relation to the Member's responsibilities specified in Article 11 and the characteristics and contributions relevant to appointment, reappointment, promotion and appointment without term. Upon the recommendation or agreement of:

(i) the Associate University Librarian (Health Sciences), and the University Librarian for librarian Members in the Health Sciences Library;

(ii) the Chief Librarian and the Dean of Law for librarian Members in the Law Library;

(iii) the Associate University Librarian (Sexton Design & Technology) and the University Librarian for librarian Members in the Sexton Design & Technology Library;

(iv) the University Librarian for librarian Members in the Libraries not specified in (i), (ii) and (iii) above;

and the Vice-President, and with the concurrence of the President, the C.D.I. may be withheld if the performance of the Member during the preceding academic year is judged to have fallen substantially below the criteria referred to in this Clause 31.14. Before the President concurs with the withholding of a C.D.I., the President or their delegate shall review with the Member the basis for the judgment before any financial adjustment is made to the Member's salary. When such withholding is done, the Member and the Association shall be notified by the Dean or Vice-President, in writing, that the action has been taken and the reasons for it, making specific reference to the criteria below which the Member's performance fell substantially. Such notice shall be given not later than the end of the month within which the C.D.I. is first withheld.

The regular salary rates for 2022/23 for instructor Members, who qualify for an adjustment of regular salary rate for 2022/23 in accordance with the provisions of 31.02, 31.03, 31.04, and 31.05, shall be adjusted as follows:

(a) an Income Maintenance Change (I.M.C.) equal to 3.00 percent of the Member's 2021/22 regular salary rate shall be added for 2022/23, effective 1 July 2022;

(b) subject to Clause 31.58 and 31.65, a step of $2,698 shall be added to their 2021/22 regular salary rate for 2022/23 effective 1 July 2022, unless the Member was appointed after 1 January 2022 and had the year 2022/23 allowed as a year of creditable performance at the time of the appointment, in which case no step shall be paid in 2022/23;

(c) a salary adjustment on promotion in the amount of $2,698 for those Members promoted to Technology Instructor II or Technology Instructor III, Senior Instructor, or University Teaching Fellow, shall be added to their regular salary rate for 2022/23 effective 1 July 2022;

(d) a comparability adjustment in the amount of $750 for Technology Instructors I – III, Instructors, Senior Instructors, and University Teaching Fellows shall be added to the Member’s 2021/2022 regular salary rate for 2022/23, effective 1 July 2022.

After application of Clause 31.16, the regular salary rates for 2022/23 for instructor Members, whose regular salary rates are less than those specified in Schedule C for their rank and Y value, shall be increased by an Adjustment to Scale such that these regular salary rates shall equal those shown in Schedule C. 

After application of Clause 31.16, the regular salary rates for 2022/23 for Technology Instructor Members, whose regular salary rates are less than those specified in Schedule E for their rank and Y value, shall be increased by an Adjustment to Scale such that these regular salary rates shall equal those shown in Schedule E.

The minimum regular salary rate shall be constructed from the minimum for each rank. The minimum regular salary rate for the ranks of Instructor, Senior Instructor and University Teaching Fellow, shall be the 2021/22 rank minimum increased by 3.00 percent (I.M.C.) plus the comparability adjustment of $750. The minimum regular salary rates for 2022/23 for instructor Members shall be as follows: 

Effective 1 July 2022

1. Instructor $ 64,746
2. Senior Instructor $ 80,907
3. University Teaching Fellow $ 97,069

These minima shall be $11,117 higher for those in the Faculty of Law with a degree in law which is recognized by a professional bar society, and for those in other Faculties for whom a degree in law, which is recognized by a professional bar society, is a requirement for appointment, and the minima shall be $19,040 higher for those in the Faculty of Medicine with a degree in medicine which is recognized by a provincial medical board or comparable agency.

The minimum regular salary rate shall be constructed from the minimum for each rank. The minimum regular salary rate for the ranks of Technology Instructor I, Technology Instructor II and Technology Instructor III shall be the 2021/22 rank minimum increased by 3.00 percent (I.M.C.) plus the comparability adjustment of $750. The minimum regular salary rates for 2022/23 for Technology Instructor Members shall be as follows:

Effective 1 July 2022 

1. Technology Instructor I $ 52,269
2. Technology Instructor II $ 63,043
3. Technology Instructor III $ 79,203

The regular salary rates for 2022/23 for professional counsellor Members, who qualify for an adjustment of regular salary rate for 2022/23 in accordance with the provisions of Clauses 31.02, 31.03, 31.04, and 31.05, shall be adjusted as follows:

(a) an Income Maintenance Change (I.M.C.) equal to 3.00 percent of the Member's 2021/22 regular salary rate shall be added for 2022/23, effective 1 July 2022;

(b) subject to Clause 31.58 and 31.65, a step of $2,849 shall be added to their 2021/22 regular salary rate for 2022/23 effective 1 July 2022, unless the Member was appointed after 1 January 2022 and had the year 2022/23 allowed as a year of creditable performance at the time of the appointment, in which case no C.D.I. shall be paid in 2022/23;

(c) a comparability adjustment in the amount of $750 for professional counsellor Members, shall be added to the Member’s 2021/2022 regular salary rate for 2022/23, effective 1 July 2022.

After application of Clause 31.19 the regular salary rates for 2022/23 for professional counsellor Members whose regular salary rates are less than those specified in Schedule D for their rank and Y value, shall be increased by an Adjustment to Scale such that these regular salary rates shall equal those shown in Schedule D. 

The minimum regular salary rate shall be constructed from the minimum for each The minimum regular salary rate for the ranks of professional counsellors who hold the M.A. degree or its equivalent and for professional counsellors who are registered or who have the Ph.D. degree or its equivalent shall be the 2021/22 rank minimum increased by 3.00 percent (I.M.C.) plus the comparability adjustment of $750. The minimum regular salary rate for 2022/23 for Members employed as professional counsellors who hold the M.A. degree or its equivalent but who are not registered by the Nova Scotia Board of Examiners in Psychology shall be $75,015 effective 1 July 2022. For those who are registered or who have the Ph.D. degree or its equivalent, the minimum shall be $83,549 effective 1 July 2022. 

Adjustments of regular salary rates for 2023/2024 shall be made only for those Members falling into one of the following categories:

(a) Members whose appointments took effect on or before 1 January 2023, who had a regular salary rate for 2022/23, who received no adjustment to their regular salary rates for 2023/2024 prior to 1 July 2023, and who have been employed as Members from at least 1 January 2023 to 1 July 2023.

(b) Members whose appointments took effect after 1 January 2023, whose regular salary rate at the time of appointment as a Member was specified to be the rate for 2022/23 and subject to adjustment for 2023/2024, who have received no subsequent adjustment to their regular salary rates for 2023/2024 prior to 1 July 2023 and who have been employed from at least the date of their initial appointment to 1 July 2023.

Members who started employment after 1 January 2023 at regular salary rates specified as 2023/2024 rates are not eligible for further adjustments to their regular salary rates for 2023/2024, subject to terms set out in their letters of appointment, unless their regular salary rate is less than that shown in the appropriate Such Members shall receive any Adjustment to Scale necessary to bring their regular salary rate up to the minimum for their rank and Y value, as shown in the appropriate Schedule. 

Insofar as the salary paid to a Member for 2023/2024 is modified solely as a result of a change in the fraction of full-time duties that Member is employed to carry out, such a modification shall not be interpreted as an adjustment in regular salary rate for the purpose of Clause 31.22. Notwithstanding the limitations imposed by Clause 31.22, adjustments of 2023/2024 regular salary rates approved by the Association-Board Committee under the provisions of this Collective Agreement shall be further adjusted as required by the form of that approval.

The regular salary rates for 2023/2024 for Members other than professional librarian, instructor and professional counsellor Members, who qualify for an adjustment of regular salary rate in accordance with Clauses 31.02, 31.03, 31.04, and 31.22, shall be determined as follows:

(a) An Income Maintenance Change (I.M.C.) equal to 2.50 percent of the Member's 2022/2023 regular salary rate shall be added to the Member's 2022/23 regular salary rate for 2023/2024, effective 1 July 2023;

(b) subject to Clauses 31.58 and 31.65 a Career Development Increment (C.D.I.) of $2,921 shall be added to their 2022/23 regular salary rate for 2023/2024 effective 1 July 2023, unless the C.D.I. is withheld in accordance with Clause 31.27 or unless the Member was appointed after 1 January 2023 and had the year 2023/2024 allowed as a year of creditable performance at the time of the appointment, in which case no C.D.I. shall be paid in 2023/2024;

(c) a salary adjustment on promotion in the amount of $2,921 for those Members promoted to Associate Professor and a salary adjustment on promotion in the amount of $2,921 for those Members promoted to Professor shall be added to their regular salary rate for 2023/2024 effective 1 July 2023;

(d) a comparability adjustment in the amount of $500 for Lecturers and Assistant Professors, $750 for Associate Professors, and $1,250 for Professors shall be added to the Member’s 2022/2023 regular salary rate for 2023/24, effective 1 July 2023.

After application of Clause 31.25, the regular salary rates for 2023/2024 for Members other than professional librarian, instructor and professional counsellor Members, whose regular salary rates are less than those specified in Schedule F for their rank and Y value, shall be increased by an Adjustment to Scale such that these regular salary rates shall equal those in Schedule F.

(a) The C.D.I. is intended to provide financial progress through each rank commensurate with actual development in a Member's career. Career development is not a measure of the number of years a Member has been employed in a rank, but is based upon, recognizes and rewards actual development in the quality of performance in relation to the Member's responsibilities specified in Article 17, the Member's workload approved or authorized in accordance with Article 20, and the characteristics and contributions relevant to appointment, reappointment, promotions and tenure. Upon the recommendation or agreement of the appropriate Chairperson, Head or Director and Dean or Vice-President, and the concurrence of the President, the C.D.I. may be withheld if the performance of the Member during the preceding academic year is judged, by the criteria referred to in this Clause 31.27, to have shown substantially less career development than might reasonably be expected for a Member of that rank. Before the President concurs with the withholding of a C.D.I., the President or their delegate shall review with the Member the basis for the judgment before any financial adjustment is made to the Member's salary. When such withholding is done, the Member and the Association shall be notified by the Dean or Vice-President, in writing, that the action has been taken and the reasons for it, making specific reference to the criteria below which the Member's performance fell substantially. Such notice shall be given not later than the end of the month within which the C.D.I. is first withheld.

(b) An isolated case of unsatisfactory teaching evaluation results for a single half-credit or full-credit course shall not be the basis for denial of a C.D.I.

The minimum regular salary rate shall be constructed from the minimum for each The minimum regular salary rate for the ranks of Lecturer and Assistant Professor shall be the 2022/23 rank minimum increased by 2.50 percent (I.M.C.) plus the comparability adjustment of $500. The minimum regular salary rate for the rank of Associate Professor shall be the 2022/23 rank minimum increased by 2.50 percent (I.M.C.) plus the comparability adjustment of $750. The minimum regular salary rate for the rank of Professor shall be the 2022/23 rank minimum increased by 2.50 percent (I.M.C.) plus the comparability adjustment of $1,250. The minimum regular salary rates for 2023/2024 for Members other than professional librarian, instructor and professional counsellor Members shall be as follows:

Effective 1 July 2023

These minima shall, as of 1 July 2023, be $11,395 higher for those in the Faculty of Law with a degree in law which is recognized by a professional bar society and for those in other Faculties for whom a degree in law, which is recognized by a professional bar society, is a requirement for appointment and the minima shall be $19,516 higher for those in the Faculty of Medicine with a degree in medicine which is recognized by a provincial medical board or comparable agency.

The regular salary rates for 2023/2024 for professional librarian Members, who qualify for an adjustment of regular salary rate for 2023/2024 in accordance with Clauses 31.02, 31.03, 31.04, and 31.22, shall be adjusted as follows:

(a) An Income Maintenance Change (I.M.C.), equal to 2.50 percent of the Member's 2022/23 regular salary rate shall be added to the Member's 2022/23 regular salary rate for 2023/2024, effective 1 July 2023;

(b) subject to Clause 31.58 and 31.65, a Career Development Increment (C.D.I.) of $2,342 for Librarian 1, and $2,712 for Librarian 2, 3 and 4 shall be added to their 2022/23 regular salary rate for 2023/2024 effective 1 July 2023, unless the C.D.I. is withheld in accordance with Clause 31.31 or unless the Member was appointed after 1 January 2023 and had the year 2023/2024 allowed as a year of creditable performance at the time of the appointment, in which case no C.D.I. shall be paid in 2023/2024;

(c) a salary adjustment on promotion in the amount of $2,712 for those Members promoted to Librarian II, III, or IV shall be added to their regular salary rate for 2023/24 effective 1 July 2023;

(d) a comparability adjustment in the amount of $500 for Librarians I, II, III, and IV, shall be added to the Member’s 2022/2023 regular salary rate for 2023/24, effective 1 July 2023.

After application of Clause 31.29, the regular salary rates for 2023/2024 for professional librarian Members whose regular salary rates are less than those specified in Schedule G for their rank and Y value, shall be increased by an Adjustment to Scale such that these regular salary rates shall equal those shown in Schedule G.

The C.D.I. is intended to provide financial progress through each rank commensurate with actual development in a Member's career. Career development is not a measure of the number of years a Member has been employed in a rank, but is based upon, recognizes and rewards actual development in the quality of performance in relation to the Member's responsibilities specified in Article 11 and the characteristics and contributions relevant to appointment, reappointment, promotion and appointment without term. Upon the recommendation or agreement of:

i) the Associate University Librarian (Health Sciences), and the University Librarian for librarian Members in the Health Sciences Library;

ii) the Chief Librarian and the Dean of Law for librarian Members in the Law Library;

iii) the Associate University Librarian (Sexton Design & Technology) and the University Librarian for librarian Members in the Sexton Design & Technology Library;

iv) the University Librarian for librarian Members in the Libraries not specified in (i), (ii) and (iii) above;

and the Vice-President, and with the concurrence of the President, the C.D.I. may be withheld if the performance of the Member during the preceding academic year is judged to have fallen substantially below the criteria referred to in this Clause 31.29. Before the President concurs with the withholding of a C.D.I., the President or their delegate shall review with the Member the basis for the judgment before any financial adjustment is made to the Member's salary. When such withholding is done, the Member and the Association shall be notified by the Dean or Vice-President, in writing, that the action has been taken and the reasons for it, making specific reference to the criteria below which the Member's performance fell substantially. Such notice shall be given not later than the end of the month within which the C.D.I. is first withheld.

The minimum regular salary rate shall be constructed from the minimum for each The minimum regular salary rate for the ranks of Librarian 1, 2, 3, and 4 shall be the 2022/23 rank minimum increased by 2.50 percent (I.M.C.) plus the comparability adjustment of $500. The minimum regular salary rates for 2023/2024 for professional librarian Members shall be as follows:

Effective 1 July 2023 

1. Librarian 1 $67,389
2. Librarian 2 $74,396
3. Librarian 3 $82,517
4. Librarian 4 $96,048

The regular salary rates for 2023/2024 for instructor Members, who qualify for an adjustment of regular salary rate for 2023/2024 in accordance with the provisions of Clauses 31.02, 31.03, 31.04, and 31.22, shall be adjusted as follows:

(a) an Income Maintenance Change (I.M.C.) equal to 2.50 percent of the Member's 2022/23 regular salary rate shall be added to the Member's 2022/23 regular salary rate for 2023/2024, effective 1 July 2023;

(b) subject to Clause 31.58 and 31.65, a step of $2,766 shall be added to their 2022/23 regular salary rate for 2023/2024, effective 1 July 2023, unless the Member was appointed after 1 January 2023 and had the year 2023/2024 allowed as a year of creditable performance at the time of the appointment, in which case no step shall be paid in 2023/2024;

(c) a salary adjustment on promotion in the amount of $2,766 for those Members promoted to Technology Instructor II or Technology Instructor III, a salary adjustment on promotion in the amount of $2,766 for those Members promoted to Senior Instructor, and a salary adjustment on promotion to University Teaching Fellow in the amount of $2,766, shall be added to their regular salary rate for 2032/24 effective 1 July 2023;

(d) a comparability adjustment in the amount of $500 for Technology Instructors I – III, Instructors, Senior Instructors, and University Teaching Fellows shall be added to the Member’s 2022/2023 regular salary rate for 2023/24, effective 1 July 2023.

After application of Clause 31.33, the regular salary rates for 2023/2024 for instructor Members whose regular salary rates are less than those specified in Schedule H for their rank and Y value, shall be increased by an Adjustment to Scale such that these regular salary rates shall equal those shown in Schedule H. 

After application of Clause 31.31, the regular salary rates for 2023/2024 for Technology Instructor Members, whose regular salary rates are less than those specified in Schedule J for their rank and Y value, shall be increased by an Adjustment to Scale such that these regular salary rates shall equal those shown in Schedule J. 

The minimum regular salary rate shall be constructed from the minimum for each The minimum regular salary rate for the ranks of Instructor, Senior Instructor and University Teaching Fellow shall be the 2022/23 rank minimum increased by 2.50 percent (I.M.C.) plus the comparability adjustment of $500. The minimum regular salary rates for 2023/2024 for instructor Members shall be as follows:

Effective 1 July 2023

1. Instructor $66,865
2. Senior Instructor $83,430
3. University Teaching Fellow $99,996

These minima shall be, as of 1 July 2023, $11,395 higher for those in the Faculty of Law with a degree in law which is recognized by a professional bar society, and for those in other Faculties for whom a degree in law, which is recognized by a professional bar society, is a requirement for appointment, and the minima shall be $19,516 higher for those in the Faculty of Medicine with a degree in medicine which is recognized by a provincial medical board or comparable agency.

The minimum regular salary rate shall be constructed from the minimum for each rank. The minimum regular salary rate for the ranks of Technology Instructor I, Technology Instructor II and Technology Instructor III shall be the 2022/23 rank minimum increased by 2.50 percent (I.M.C.). The minimum regular salary rates for 2023/2024 for Technology Instructor Members shall be as follows:

Effective 1 July 2023

1. Technology Instructor I $54,076
2. Technology Instructor II $65,120
3. Technology Instructor III $81,684

The regular salary rates for 2023/2024 for professional counsellor Members, who qualify for an adjustment of regular salary rate for 2023/2024 in accordance with the provisions of Clauses 31.02, 31.03, 31.04, and 31.22, shall be adjusted as follows:

(a) an Income Maintenance Change (I.M.C.) equal to 2.50 percent of the Member's 2022/23 regular salary rate shall be added to the Member's regular salary rate for 2023/2024, effective 1 July 2023;

(b) subject to Clause 31.58 and 31.65, a step of $2,921 shall be added to their 2022/23 regular salary rate for 2023/2024, effective 1 July 2023, unless the Member was appointed after 1 January 2023 and had the year 2023/2024 allowed as a year of creditable performance at the time of the appointment, in which case no step shall be paid in 2023/2024;

(c) a comparability adjustment in the amount of $500 for professional counsellor Members, shall be added to the Member’s 2022/2023 regular salary rate for 2023/24, effective 1 July 2023.

After application of Clause 31.36, the regular salary rates for 2023/2024 for professional counsellor Members whose regular salary rates are less than those specified in Schedule I for their rank and Y value, shall be increased by an Adjustment to Scale such that these regular salary rates shall equal those shown in Schedule I.

The minimum regular salary rate shall be constructed from the minimum for each The minimum regular salary rate for the ranks of professional counsellors who hold the M.A. degree or its equivalent and for professional counsellors who are registered or who have the Ph.D. degree or its equivalent shall be the 2022/23 rank minimum increased by 2.50 percent (I.M.C.) plus the comparability adjustment of $500. The minimum regular salary rates for 2023/2024 for professional counsellor Members who hold the M.A. degree or its equivalent but who are not registered by the Nova Scotia Board of Examiners in Psychology shall be $77,391 effective 1 July 2023. For those who are registered or who have the Ph.D. degree or its equivalent, the minimum shall be $86,138 effective 1 July 2023.

Adjustments of regular salary rates for 2024/2025 shall be made only for those Members falling into one of the following categories:

(a) Members whose appointments took effect on or before 1 January 2024, who had a regular salary rate for 2023/24, who received no adjustment to their regular salary rates for 2024/2025 prior to 1 July 2024, and who have been employed as Members from at least 1 January 2024 to 1 July 2024.

(b) Members whose appointments took effect after 1 January 2024, whose regular salary rate at the time of appointment as a Member was specified to be the rate for 2023/24 and subject to adjustment for 2024/2025, who have received no subsequent adjustment to their regular salary rates for 2024/2025 prior to 1 July 2024 and who have been employed from at least the date of their initial appointment to 1 July 2024.

Members who started employment after 1 January 2024 at regular salary rates specified as 2024/2025 rates are not eligible for further adjustments to their regular salary rates for 2024/2025, subject to terms set out in their letters of appointment, unless their regular salary rate is less than that shown in the appropriate Such Members shall receive any Adjustment to Scale necessary to bring their regular salary rate up to the minimum for their rank and Y value, as shown in the appropriate Schedule.

Insofar as the salary paid to a Member for 2024/2025 is modified solely as a result of a change in the fraction of full-time duties that Member is employed to carry out, such a modification shall not be interpreted as an adjustment in regular salary rate for the purpose of Clause 31.39. Notwithstanding the limitations imposed by Clause 31.39, adjustments of 2024/2025 regular salary rates approved by the Association-Board Committee under the provisions of this Collective Agreement shall be further adjusted as required by the form of that approval. 

The regular salary rates for 2024/2025 for Members other than professional librarian, instructor and professional counsellor Members, who qualify for an adjustment of regular salary rate in accordance with Clauses 31.02, 31.03, 31.04, and 31.39, shall be determined as follows:

(a) An Income Maintenance Change (I.M.C.) equal to 2.50 percent of the Member's 2023/2024 regular salary rate shall be added to the Member's 2023/24 regular salary rate for 2024/2025, effective 1 July 2024;

(b) subject to Clauses 31.58 and 31.65, a Career Development Increment (C.D.I.) of $2,995 shall be added to their 2023/24 regular salary rate for 2024/2025 effective 1 July 2024, unless the C.D.I. is withheld in accordance with Clause 31.44 or unless the Member was appointed after 1 January 2024 and had the year 2024/2025 allowed as a year of creditable performance at the time of the appointment, in which case no C.D.I. shall be paid in 2024/2025;

(c) a salary adjustment on promotion in the amount of $2,995 for those Members promoted to Associate Professor and a salary adjustment on promotion in the amount of $2,995 for those Members promoted to Professor shall be added to their regular salary rate for 2024/2025 effective 1 July 2024;

(d) a comparability adjustment in the amount of $500 for Lecturers and Assistant Professors, $500 for Associate Professors, and $1,250 for Professors shall be added to the Member’s 2023/24 regular salary rate for 2024/25, effective 1 July 2024.

After application of Clause 31.42, the regular salary rates for 2024/2025 for Members other than professional librarian, instructor and professional counsellor Members, whose regular salary rates are less than those specified in Schedule K for their rank and Y value, shall be increased by an Adjustment to Scale such that these regular salary rates shall equal those in Schedule K.

(a) The C.D.I. is intended to provide financial progress through each rank commensurate with actual development in a Member's career. Career development is not a measure of the number of years a Member has been employed in a rank, but is based upon, recognizes and rewards actual development in the quality of performance in relation to the Member's responsibilities specified in Article 17, the Member's workload approved or authorized in accordance with Article 20, and the characteristics and contributions relevant to appointment, reappointment, promotions and tenure. Upon the recommendation or agreement of the appropriate Chairperson, Head or Director and Dean or Vice-President, and the concurrence of the President, the C.D.I. may be withheld if the performance of the Member during the preceding academic year is judged, by the criteria referred to in this Clause 31.44, to have shown substantially less career development than might reasonably be expected for a Member of that rank. Before the President concurs with the withholding of a C.D.I., the President or their delegate shall review with the Member the basis for the judgment before any financial adjustment is made to the Member's salary. When such withholding is done, the Member and the Association shall be notified by the Dean or Vice-President, in writing, that the action has been taken and the reasons for it, making specific reference to the criteria below which the Member's performance fell substantially. Such notice shall be given not later than the end of the month within which the C.D.I. is first withheld.

(b) An isolated case of unsatisfactory teaching evaluation results for a single half-credit or full-credit course shall not be the basis for denial of a C.D.I.

The minimum regular salary rate shall be constructed from the minimum for each The minimum regular salary rate for the ranks of Lecturer, Assistant Professor and Associate Professor shall be the 2023/24 rank minimum increased by 2.50 percent (I.M.C.), plus the comparability adjustment of $500. The minimum regular salary rate for the rank of Professor shall be the 2023/24 rank minimum increased by 2.50 percent (I.M.C.) plus the comparability adjustment of $1,250. The minimum regular salary rates for 2024/2025 for Members other than professional librarian, instructor and professional counsellor Members shall be as follows:

Effective 1 July 2024

These minima shall, as of 1 July 2024, be $11,680 higher for those in the Faculty of Law with a degree in law which is recognized by a professional bar society and for those in other Faculties for whom a degree in law, which is recognized by a professional bar society, is a requirement for appointment and the minima shall be $20,004 higher for those in the Faculty of Medicine with a degree in medicine which is recognized by a provincial medical board or comparable agency.

The regular salary rates for 2024/2025 for professional librarian Members, who qualify for an adjustment of regular salary rate for 2024/2025 in accordance with Clauses 31.02, 31.03, 31.04, and 31.39, shall be adjusted as follows:

(a) An Income Maintenance Change (I.M.C.), equal to 2.50 percent of the Member's 2023/24 regular salary rate shall be added to the Member's 2023/24 regular salary rate for 2024/2025, effective 1 July 2024;

(b) subject to Clause 31.58 and 31.65, a Career Development Increment (C.D.I.) of $2,401 for Librarian 1, and $2,780 for Librarian 2, 3 and 4 shall be added to their 2023/24 regular salary rate for 2024/2025 effective 1 July 2024, unless the C.D.I. is withheld in accordance with Clause 31.48 or unless the Member was appointed after 1 January 2024 and had the year 2024/2025 allowed as a year of creditable performance at the time of the appointment, in which case no C.D.I. shall be paid in 2024/2025;

(c) a salary adjustment on promotion in the amount of $2,780 for those Members promoted to Librarian II, III or IV shall be added to their regular salary rate for 2024/25 effective 1 July 2024;

(d) a comparability adjustment in the amount of $500 for Librarians I, II, III, and IV, shall be added to the Member’s 2023/2024 regular salary rate for 2024/25, effective 1 July 2024.

After application of Clause 31.46 the regular salary rates for 2024/2025 for professional librarian Members whose regular salary rates are less than those specified in Schedule L for their rank and Y value, shall be increased by an Adjustment to Scale such that these regular salary rates shall equal those shown in Schedule L.

The C.D.I. is intended to provide financial progress through each rank commensurate with actual development in a Member’s career. Career development is not a measure of the number of years a Member has been employed in a rank, but is based upon, recognizes and rewards actual development in the quality of performance in relation to the Member’s responsibilities specified in Article 11 and the characteristics and contributions relevant to appointment, reappointment, promotion and appointment without term. Upon the recommendation or agreement of:

1. the Associate University Librarian (Health Sciences), and the University Librarian for librarian Members in the Health Sciences Library;
2. the Chief Librarian and the Dean of Law for librarian Members in the Law Library;
3. the Associate University Librarian (Sexton Design & Technology) and the University Librarian for librarian Members in the Sexton Design & Technology Library;
4. the University Librarian for librarian Members in the Libraries not specified in (i), (ii) and (iii) above;

and the Vice-President, and with the concurrence of the President, the C.D.I. may be withheld if the performance of the Member during the preceding academic year is judged to have fallen substantially below the criteria referred to in this Clause 31.48. Before the President concurs with the withholding of a C.D.I., the President or their delegate shall review with the Member the basis for the judgment before any financial adjustment is made to the Member’s salary. When such withholding is done, the Member and the Association shall be notified by the Dean or Vice-President, in writing, that the action has been taken and the reasons for it, making specific reference to the criteria below which the Member’s performance fell substantially. Such notice shall be given not later than the end of the month within which the C.D.I. is first withheld.

The minimum regular salary rate shall be constructed from the minimum for each rank. The minimum regular salary rate for the ranks of Librarian 1, 2, 3, and 4 shall be the 2023/24 rank minimum increased by 2.50 percent (I.M.C.) plus the comparability adjustment of $500. The minimum regular salary rates for 2024/2025 for professional librarian Members shall be as follows:

Effective 1 July 2024

1. Librarian 1 $69,574
2. Librarian 2 $76,756
3. Librarian 3 $85,080
4. Librarian 4 $98,950

The regular salary rates for 2024/2025 for instructor Members, who qualify for an adjustment of regular salary rate for 2024/2025 in accordance with the provisions of Clauses 31.02, 31.03, 31.04, and 31.39, shall be adjusted as follows:

(a) an Income Maintenance Change (I.M.C.) equal to 2.50 percent of the Member's 2023/24 regular salary rate shall be added to the Member's 2023/24 regular salary rate for 2024/2025, effective 1 July 2024;

(b) subject to Clause 31.58 and 31.65, a step of $2,836 shall be added to their 2023/24 regular salary rate for 2024/2025, effective 1 July 2024, unless the Member was appointed after 1 January 2024 and had the year 2024/2025 allowed as a year of creditable performance at the time of the appointment, in which case no step shall be paid in 2024/2025;