Article 14: Appointments and Reappointments

14.01

(a) The Parties agree that it is appropriate that positive initiatives be taken to increase the proportion of designated group members among those holding academic appointments at Dalhousie University, particularly full-time and regular part-time appointments, and that procedures be adopted to monitor and report on progress toward this objective; therefore, the following policy is adopted at Dalhousie University. Where non-designated group member candidates who are eligible for appointment have qualifications and experience judged not to be substantially better suited for the appointment than those of a designated group member candidate, the designated group member candidate is to be selected. This policy does not apply in respect of women (not otherwise designated group members) in those departments, schools and other such units wherein the proportion of women Members already exceeds one-half.

(b) The Dean of the relevant Faculty, or Vice-President where there is no relevant Faculty, is responsible for ensuring that appropriate steps are taken by departments, schools and other such units to encourage applications for available positions from qualified designated group member candidates to attain the policy objective of increasing the proportion of designated group member academics. These steps shall include the submission of the standard form to the President’s Office. A copy of the completed form with the names or other identifying
features of candidates deleted shall be provided to the Association on a confidential basis in accordance with Clause 7.07. Except in a case where a limited-term appointment must be made on short notice, the form will be provided when an appointment is recommended to the Board.

14.02

(a) Subject to this Collective Agreement, appointments at Dalhousie University of Members are made by letters of appointment from the Board to the Member.

(b) Any special terms shall be spelled out in such letters of appointment.

14.03 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 theranks given in Clause 37.08. Appointments of such Members to any other ranks must be approved by the Association-Board Committee.

14.04 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.

14.05 The Parties agree that no one will be appointed to the rank of Lecturer who possesses the qualifications appropriate for appointment to the rank of Assistant Professor. Persons,
except for instructor Members, appointed to the teaching staff for the first time who do not possess the full qualifications specified as appropriate at the time of appointment, but are expected to obtain such qualifications, shall be appointed initially to the rank of Lecturer. Lecturers shall be promoted automatically to the rank of Assistant Professor from the beginning of the academic year in which the formal qualifications appropriate for that rank are obtained. In other circumstances promotion shall follow normal procedures specified in Clause 16.09.

14.06 Part-time Members shall have the fraction of full-time duties that they are employed to perform stated in their letter of appointment. The Dean or Vice-President shall consult with the appropriate Chairperson, Head or Director before such a fraction is specified. Where the period of employment is less than 12 months, both the fraction and the period shall be specified. Any change in such a fraction or period, which may be of a temporary or continuing nature must be acceptable to the Member and the Board and shall be confirmed in writing. The Department or other similar unit must be consulted about any change in a fraction or period. No change which will result in a reduction of the fraction or period shall be made without the agreement of the Department or other similar unit. In the case of instructor Members, the fraction of full-time duties shall be given in the job description, in accordance with Clause 12.03.

14.07 Full-time Members may apply through their Chairperson, Head, Director or Chief Librarian and the Dean or Vice-President, to the Board to have their status changed to part-time while retaining the same rank and status with respect to tenure, continuing appointment, or appointment without term subject to Article 15. Such a request may be for a permanent or a temporary change to part-time status and in either case shall not be unreasonably denied. Such Members shall then participate or have the right to participate in such benefit provisions as apply or are available to part-time Members in accordance with Article 32 of this Collective Agreement.

14.08 A Member may be appointed jointly to two or more Faculties, Schools, Departments or other units within Dalhousie University, and such appointments need not be at the same
rank. Each Member with a joint appointment shall, for the purposes of this Collective Agreement, hold a principal appointment, and the unit in which the principal appointment is held shall be stated in the letter of appointment. For Members holding joint appointments at the time this Collective Agreement is signed, the principal appointment shall be in that unit in which the greatest fraction of duties is performed; if the fractions are equal, the Board shall specify the principal appointment within thirty days of the signing of this Collective Agreement, and in so doing shall take account of any preference expressed by the Member and the Departments or similar units concerned. In any decision subject to the provisions of this Collective Agreement for which rank is to be a criterion, the rank in the principal appointment shall be used.

14.09 Appointments of Members of the teaching or research staff, except for instructor Members, shall be of four kinds:

(a) probationary tenure-track appointments;
(b) tenure-track appointments;
(c) appointments with tenure;
(d) limited-term appointments.

14.10 Members presently employed in the School of Dental Hygiene shall, during their period of employment at Dalhousie, have the right to a twenty percent (20%) time allocation for
extra-mural practice privileges unless such are changed or terminated with the agreement of the Member(s) and the Board. Those appointed to the School of Dental Hygiene after the signing of this Collective Agreement shall have this privilege if agreed by the Member(s) and the School and such agreement is indicated in their letters of appointment.

14.11

(a) No Member shall be appointed or reappointed unless they have been recommended for such an appointment by an appropriate committee of the relevant Department or other such unit. All recommendations shall be made to the appropriate Dean by the Chairperson, Head, Director or Chief Librarian, and subsequently to the President for presentation to the Board. If no appropriate Dean exists the recommendation shall be made to the President. The appropriate Dean or, where there is no appropriate Dean, the President, shall consider a recommendation, if any, with respect to rank and kind of appointment; if he/she disagrees with the recommendation he/she shall consult with the committee and endeavour to reach agreement on the matter before proceeding. If no relevant Faculty, School, College, Library, or similar unit exists, a special appointments committee shall be formed by the Senate (in consultation with whatever Faculties may be appropriate), to make such a recommendation. The Parties agree that unnecessary delays in the appointment process would diminish the reputation of Dalhousie University and its effectiveness as a teaching and research institution. The Board therefore undertakes to ensure that all decisions affecting appointments are made as expeditiously as possible.

(b) The appropriate Dean recommending or making an offer of appointment shall prepare a written report listing all candidates to whom offers have been made and the details of such offers including salary. This information shall be provided to the Employment Equity Officer.

(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.

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.

(d) 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.

(e) With the mutual consent of the Member and the Chairperson, Head or Director and the Chief Librarian, Dean or Vice-President, the period of a probationary, probationary tenure-track or tenure-track appointment may be reduced if a Member served on a limited-term appointment.

14.12 Subject to Clause 14.13, probationary, probationary tenure-track and tenure-track appointments and reappointments of Members shall be made for a period of three years. A probationary or probationary tenure-track appointment is one which is in a career stream which may lead to consideration for continuing appointment, appointment without term or tenure. Such a probationary or probationary tenure-track appointment, however, involves no undertaking by the Board to make a further or subsequent appointment. The probationary nature of such an appointment shall be stated in writing to the Member so appointed, at the time of appointment.

14.13 When a person is appointed to a probationary, probationary tenure-track or tenure-track position other than on 1 July, the term of the appointment shall be adjusted so that it terminates on the appropriate 30 June. The term shall be greater than three years (but not greater than 3 1/2) when the appointment takes effect on or after 1 January, and shall be less than three years (but not less than 2 1/2) when the appointment takes effect before 1 January. The time for consideration of promotion, salary step adjustment, reappointment, appointment without term or tenure, as may be applicable, shall be appropriately adjusted and the date when any of these considerations would occur shall be set out in the letter of appointment.

14.14 When a person is appointed to a tenure-track appointment the time when tenure consideration is expected shall be stated in the letter of appointment. If consideration for appointment without term for professional librarians, subject to Clause 11.13, or for continuing appointment for professional counsellors, subject to Clause 13.04, has been agreed to take place in the fall term of the person’s third year of the appointment at Dalhousie University, the time when consideration for appointment without term or continuing appointment is expected shall be stated in the letter of appointment.

14.15

(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 his or her 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 his or her second year. The procedures used shall be those given in Clause 14.11. 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 his/her request at the same time as he or she is 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.

(b) Where a time limit relating to reappointment of a Member is stipulated in this Article 14, the Board and Members affected by or involved in the procedure shall take reasonable steps to ensure that the time limit can be met. Nevertheless, where appropriate reasons are demonstrated, the time limit for a decision and the option for an extension of the Member’s appointment may be made by agreement of the Parties at the Association-Board Committee. However, the person requiring the extension must give appropriate reasons and notice of the requested extension in a timely manner to the Member affected by the procedure, to the Board and the Association-Board Committee.

14.16 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.

14.17 Members holding limited-term appointments shall be informed in their letters of appointment of the limited term of their appointment and of the clause and Sub-Clause of this Collective Agreement under which they are appointed.

14.18 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.

(b) To assure that this is so, in the case of instructor and professional counsellor Members, the Parties agree, subject to Articles 25, 26 and 27 and Clause 13.10, that the duties of such Members whose appointments are not renewed or who otherwise terminate employment shall not be redistributed to persons who are not instructor Members or professional counsellor Members. However, subject to Articles 25, 26 and 27 and Clause 13.10, nothing in this Sub-Clause 14.18(b) shall prevent graduate students, post-doctoral fellows, student demonstrators, hospital personnel or members of the professorial staff from being employed to perform or from performing reasonable amounts of professional counselling or instructional duties normally performed by an instructor or professional counsellor Member, provided that this is not prejudicial to the employment interest of any Member.

14.19 The Board shall consult with the Association Members of the Association-Board Committee on the salary, Y value (and the components thereof) and other terms and conditions of employment for each person to be appointed to a position in the bargaining unit prior to making such an appointment.

14.20 Subject to Clause 14.17, the Board is under no obligation to change limited-term appointments to the kinds of appointments specified in Clauses 14.09(a) to (c), or 11.03(a) or (b), or 12.11(a)(i) or (ii), or 13.02(a) or (b). Where a Member who holds a limited-term appointment applies for a kind of appointment specified in Clauses 14.09(a) to (c), or 11.03(a) or (b), or 12.11(a)(i) or (ii), or 13.02(a) or (b), and the recommendations of the Department Chairperson (or Head, Director or Chief Librarian) and Dean are that the appointment be one of those kinds, then if such appointment is not made, reasons in writing must be given to the Member upon his/her request at the time the decision is made.

14.21 Members, other than professional librarian Members in accordance with Clause 11.16, shall not be transferred or reassigned to duties in other departments or other units in Dalhousie University without the agreement of the Members involved. Requests for transfer or reassignment to available positions shall not be unreasonably denied.

14.22 When a Member is appointed to one of the excluded positions named in the letters of clarification and the certificates given in Appendix II, or to a position excluded from the bargaining unit under the provisions of the Trade Union Act, that person shall have the right to return to the bargaining unit at the termination of the excluded appointment. The President and the President of the Association or their designates shall discuss any appointments of Members to new positions which might cause their exclusion from the bargaining unit. Any agreement resulting from such discussions shall be confirmed in writing.

14.23 Those persons excluded from the bargaining unit in accordance with Clause 14.22 at the time this Collective Agreement is signed, shall have the right to join the bargaining unit when the appointment which excludes them terminates.

14.24 When a person excluded from the bargaining unit in accordance with Clauses 14.22 and 14.23 enters the bargaining unit, the Board shall determine the salary and other terms and conditions of employment consistent with the provisions of this Collective Agreement and shall consult with the Association Members of the Association-Board Committee as provided in Clause 14.19. The information provided under Clause 14.19 shall, in these cases, include the appropriate Y value, previous salary information including amounts paid as regular salary and amounts paid as administrative stipends or similar allowances. Subject to Clause 31.69, any administrative stipend which is no longer applicable to the person’s position shall cease upon entry or reentry of the person to the bargaining unit. Career development may be considered to have continued during such exclusion and nothing shall prevent merit during such exclusion being taken into account in determining salary and other benefits when the person returns to the bargaining unit.

14.25 In order to be included in the bargaining unit at the time of termination of those appointments cited in Clauses 14.22 and 14.23, such persons must hold appointments made prior to that time which would include them in the bargaining unit, and such appointments must have been made consistent with this Article 14. Nothing in this Clause 14.25, however, precludes such persons from appointment to positions in the bargaining unit which are the result of regular appointment procedures as specified in Clause 14.11.

14.26 Members employed to replace persons excluded from the bargaining unit in accordance with Clauses 14.22 and 14.23 shall have all the rights and privileges associated with their terms of appointment when the persons excluded return to the bargaining unit and their original appointment. Limited term appointments under Clause 14.16(b)(iv) need not be renewed when the person excluded returns to the bargaining unit, and such return shall constitute adequate reason for non-renewal.

Spousal Appointments.

14.27 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 his or her acceptance of an offer is contingent upon his or her spouse obtaining an academic appointment. This Clause shall also apply when an academic or senior administrative appointee states that his or her continued employment is contingent on his or her 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.

(b) Provided that the Unit and the Dean consent, the Association-Board Committee shall be asked to waive the advertising requirement in Clause 14.11(c) so that the spousal applicant may be considered as the sole candidate.

(c) If the Association-Board Committee agrees to waive the requirements of Clause 14.11(c), the criteria and procedures by which the spousal candidate shall be considered for appointment shall be the criteria and procedures that are defined in this Collective Agreement. Without limiting the generality of the foregoing, the requirements of Clause 14.11(a) shall apply.

(d) No Member or person acting as an officer of the University shall knowingly participate in any decision that directly and preferentially benefits them or any individual with whom they have an immediate familial, marital, sexual or financial relationship. In addition, no one shall participate in such a decision where their participation may lead to a reasonable apprehension of bias or where there is an appearance of a potential conflict of interest.

(e) If a spousal candidate is being considered for appointment in the same Department or other such unit as the spouse, a Special Appointments Committee shall be established by the Association-Board Committee.

(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) S/he also needs to show evidence of competitiveness in one of the following three external types of assessment

a. S/he currently holds or has 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. S/he has 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. S/he will provide written assessments of competitiveness from qualified persons, normally Chairs, Heads, Directors, at not fewer than three (3) other Universities.