ARTICLE 30 - Employment Equity

30:01          (a)       The parties to this Agreement agree to the principle of employment equity for members of the designated groups as defined by Article 1.

(b)       Within one hundred and eighty (180) days from the signing of this Agreement, in the context of the President’s plans for a comprehensive campus-wide approach to employment equity, the President will publish a detailed plan and timetable with respect to implementation of the recommendations of the Coulter Report.

30:02          The University shall ensure that the employment equity procedures recommended by the Review Committee on Employment Equity (RCEE) including:

(i)    the Positive Action Plan as approved by Senate in November 1988 relating to women and later extended to the designated groups in 1993 and 1994;

(ii)   all statutory obligations concerning employment equity;

(iii)  the provisions for advertising and interviewing;

(iv)  the use of employment equity/procedures assessors on appointments, and promotion and tenure committees; and

(v)   the review of all appointment procedures and recommendations by the Presidential Commission on Employment Equity;

shall, subject to clause 30:06, be followed in all AAUs and Libraries.

30:03          The President shall call a meeting of the RCEE within thirty (30) days of signing the Agreement. The RCEE shall remain a standing committee until employment equity for the designated groups has been achieved. The RCEE shall consist of two (2) persons appointed by the University, and two (2) persons from the membership of the Faculty Association appointed by the President of the Faculty Association. At least one (1) person appointed by the President of the Faculty Association shall be a member of the Faculty Association's Status of Women, Diversity and Equity Action Committee. The RCEE shall call upon such offices as appropriate to provide information on issues of equity which is pertinent to its deliberations subject to applicable legislation. Both parties to this Agreement shall endeavour to appoint persons from among the designated groups.

30:04          The Review Committee provided for in clause 30:03 shall be responsible for:

(i)    identifying where there is a serious under-representation of members of the designated groups in any AAU and/or Library;

(ii)   recommending reasonable goals and timetables for hiring by any AAU and/or Library where serious under-representation of members of the designated groups exists;

(iii)  reviewing action taken within the University to achieve the hiring goals recommended under (ii).

30:05          The Review Committee provided for in clause 30:03 shall report at least annually its findings and recommendations to the parties to this Agreement and to the Senate.  The findings and recommendations of the Review Committee shall not be subject to the grievance and arbitration procedures under Article 39 of this Agreement.

30:06          Consistent with the principle of employment equity:

(a)       The University shall continue to implement the Procedures recommended by the RCEE (as adopted by Senate) and the four point Positive Action Plan (as adopted by Senate, November 17, 1988) and any other recommendations of the RCEE (as may be adopted by Senate).  The University accepts the principle of offering incentives to encourage hiring of qualified candidates from the designated groups.

(b)       To ensure positive action, all full-time positions are to be advertised through contact with Chairs of appropriate departments at other Universities, in University Affairs, and the CAUT Bulletin, relevant professional journals and, where relevant, national newspapers, women's studies and feminist journals, and/or with associations or contact groups representing the designated groups. In addition, following approval of an advertisement, copies of all such advertisements will be transmitted to the office charged with Employment Equity matters at the University.

The normal requirement of advertising a position may be waived in exceptional circumstances where timely action is essential. Such waiver may be approved by the Provost upon the recommendation of the appropriate AAU Appointments Committee and the Dean and in such case the Provost shall inform the Faculty Association. When the AAU Appointments Committee is unable to achieve a quorum, the Provost may approve the waiver upon the recommendation of the Dean in consultation with the Head, and with the agreement of the Faculty Association.

(c)       The University is committed to eliminating or modifying those human resource policies, practices, and systems, whether formal or informal, shown to have an unfavourable effect on the hiring and promotion of members of designated groups.

(d)       The parties agree that the best qualified candidate should be appointed.  When the qualifications of a candidate who is a member of an under-represented designated group are approximately equal to those of the best available and acceptable candidate, then, all else being equal, the candidate from the under-represented designated group(s) shall be recommended to the AAU for consideration.

30:07          (a)       Unless recommendations of the RCEE (as may be approved by Senate) provide otherwise, an Employment Equity/Procedures Assessor shall be included, as a non-voting member of every appointments committee, search committee, and tenure/permanence and promotion committee, including UCAPT.

(b)       The Chair of PCEE and the President of the Faculty Association shall prepare and approve a list of Employment Equity/Procedures Assessors; such list shall be established annually by mutual agreement.  The list of Employment Equity/Procedures Assessors so appointed shall be kept by both parties in alphabetical order and all assignments from such list shall be made through contact with the Office of the Provost.  Assignments shall be for a set term as agreed to by the person and the Provost or her/his delegate and all subsequent assignments and/or assignments required because of vacancies shall be filled by the next available person on the list.

(c)       Each Employment Equity/Procedures Assessor shall be provided with all relevant appointment or promotion and tenure materials, including a copy of the AAU's goals and timetables by the Head of the AAU to which the Employment Equity/Procedures Assessor has been assigned.

30:08          (a)       In the evaluation of candidates for appointment, tenure/permanence and promotion to a position in or within the bargaining unit, the criteria adopted must not systematically discriminate against members of the designated groups and shall be reviewed periodically to ensure that they do not undervalue work which is done predominantly by members of the designated groups.

(b)       Candidates shall not be disadvantaged by reason of minor career interruptions caused by family responsibilities.

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