GR# 0838 - Improper Appts under Art 30, Law/Business
Collective Agreement Referenced: 2008-2011
Nature of Dispute: WUFA was informed of two appointments that were allegedly made without proper posting of the positions as required by Senate Bylaw 20. The first was a tenure-track appointment in the Faculty of Law, and the second was a limited-term appointment in the Odette School of Business. In both cases, waivers of the job posting were granted by the Acting Provost under Article 30 of the Collective Agreement, but they did not meet the employment equity purpose nor the exceptional circumstances requirement under this provision.
Result of Grievance: Arbitrator Kaplan issued an award which includes a Letter of Understanding regarding Article 30:06 of the Collective Agreement. The Letter of Understanding explains that, if the University intends to rely upon Article 30:06(b), the Faculty Association must be notified in writing within seven days of the exceptional circumstance being known. The University must also provide the basis upon which Article 30:06(b) is being relied on. The notification to WUFA must take place before any action is taken to offer the position or review the eligibility of any candidate, and the parties must meet to discuss the circumstances involving the potential waiver.
Grievance initiated: January 6, 2010
Grievance resolved: June 22, 2010
(1) GR# 0838
(2) Arbitrator Award / Letter of Understanding