Article 5 : positions and appointments

5.1.2.1 The University shall provide insurance coverage in respect of the liability of Members acting within the scope of their employment to the extent provided by the Canadian Universities Reciprocal Exchange (CURIE) policies.

5.1.2.2 Members who determine that the insurance coverage provided by the University is not adequate to meet their individual needs may purchase additional insurance at their own expense.

5.1.2.3 Responsibility for the management of any claim covered by the University's insurance policies rests solely with the insurer.

5.1.2.4 Timely notice will be given to the University by the member of any action or claim of which a member has knowledge, or of any occurrence or situation that a member ought reasonably to know might give rise to any action or claim.

5.1.2.5 This Article and any insurance obtained pursuant to it does not apply to legal action initiated by a member nor to any civil or criminal proceedings that might be initiated by the University against a member.

5.1.3.1 A Member shall not be required to teach information technology (ex. Blackboard Learn) as a component of a course unless the technology is specifically related to the subject matter.

5.1.3.2 Where a Member is assigned an online course, the Employer shall ensure that the Member has access to the technology capable of handling the required mode of delivery.

5.1.3.3 To assist Members and to facilitate technological innovation within the University community, the Employer shall inform Members of technology training programs at the University, and shall make these programs available to Members free of charge. With the prior approval of the appropriate authority, Members who participate in such program shall be paid for their time according to the applicable rate.

5.1.3.4 Nothing shall prevent a Member from introducing or using information technology as part of a course, if she so wishes.

5.2.2.1 When a member recommends a DFR pursuant to deferral policies of a given faculty or recommends that a student be permitted to take a deferred examination or a supplemental examination, or submit additional course work directly related to the assignment of the final grade for the course in conformity with faculty rules and when such DFR, deferred or supplemental, examination, or additional course work directly related to the assignment of a final grade for the course is authorized by the appropriate authority, the member is responsible

• for determining the nature of any work or examination to be completed by the student to satisfy the DFR or for preparing the supplemental examination or any other course work directly related to the assignment of the final grade for the course;
• for setting the date in accordance with faculty regulations by which the work must be completed or the examination taken;
• for grading the work or examination, and
• for submitting the final grade.

The member will be paid an amount of $150 for each deferred examination, supplemental examination or any additional course work directly related to the assignment of the final grade for the course, prepared under faculty regulations.

The Employer is responsible for the proctoring of any examination taken in connection with a DFR or in accordance with regulations governing supplementals and for the transmission to the member for grading of any work or examination completed in this connection.

In addition, a member will be paid an amount of $150 every time he/she must prepare and grade a new examination, in addition to the one taken by the group or class, with the prior approval of the appropriate authority.

5.2.2.2 

• When a member attends a committee meeting to which he/she has been convened by the academic unit or department to review a case of academic fraud relating to a course he/she has taught and that the academic unit or department has set up to deal with the issue and requiring the attendance of the member, he/she shall be paid $175 for such attendance.
• When a member participates in an official appeal of a student's grade in a course he/she has taught and that the academic unit or department requests that the member undertake a further review of the marks after the end of the contract, he/she will be paid an amount of $175 for such a review.
• When a member is requested to assist with accommodation measures for students during in-class examination and that such accommodation is arranged through the Student Access Service Centre and involves additional e-mail, telephone or in-person support on the part of the member, he/she shall be paid upon request an amount of $200 per course for such accommodation assistance.

5.2.3.1 Upon termination of employment, the Employer, on request, shall issue to the employee a record of employment within seven (7) days of receipt of the letter of confirmation described in paragraph 5.2.2 above or within seven (7) days of the termination date set out in the contract.

5.2.3.2 For Employment Insurance purposes only, a member shall be deemed to have worked two hundred (200) hours for a three (3) credit course. In the case of applied music, clinical teaching or applied theory contracts, a member shall be deemed to have worked according to the actual hours stated.

5.5.1.1 All courses and work offered to part-time academic staff shall be posted. Where these courses and work are known in advance, they shall be posted in accordance with the procedures set out below.

5.5.1.2 The chairperson shall post the offer of employment in the department or faculty on the electronic bulletin board set aside for these purposes for a period of at least thirty (30) days, it being understood that no posting may terminate prior to April 1st for courses commencing after the first of September of the same year. For the Faculty of Law, Civil Law Section and Common Law Section, postings may terminate as early as January 15th. Postings requirements will be implemented for the Fall 2020 term. The Union will receive a copy of all postings.

5.5.1.3 The posting shall be electronic and must indicate:

• the name of the faculty, department or academic unit; the course code, the number, the section, when necessary, as well as the title and description of the course or work, the number of credits attached to the course, the number of hours of work, the type of course as set out in article 9.3, and the course schedule (session(s), day(s) and hour(s));
• whether the course or work is being offered to student part-time academic staff or to regular part-time academic staff;
• the required qualifications shall be clearly indicated, it being understood that the classification of applicants under 5.7.1 and Appendix "B" and the provisions of 5.7.2 and 5.7.3 and not the posted level of qualifications determine the awarding of the position;
• start and termination dates of the posting as well as the type of posting;
• the language of instruction, and the level of knowledge (active or passive) of the other official language required, if any.

5.5.1.4 A copy of the posting shall be forwarded to the Union office no later than the day on which posting begins.

5.5.1.5 All postings shall be deemed to comply with all of the posting requirements set out in this Agreement unless an objection is received by the Employer within twenty-one (21) days following delivery of a copy of the posting in accordance with subparagraph 5.5.1.4. It is understood however that the Employer undertakes to identify and inform APTPUO of any of the following changes in current postings of previously posted courses or work: number of credits, number of hours of work, regular or student posting, requirements, course description, or level of competence in the second language.

5.5.2.1 For all courses or work that become available less than thirty (30) days prior to the commencement of the course or work, the period of posting may be reduced to terminate fifteen (15) days prior to the commencement of the course. A copy of the posting shall be sent to the APTPUO by the academic unit no later than the day on which the posting begins.

5.5.2.2 If an appointment is necessary less than ten (10) business days before the course or work is to start, the Employer shall so notify the APTPUO in writing, as soon as possible but not later than the day on which the posting begins, and the course shall be posted for at least forty-eight (48) hours. It is understood that all qualified members who have applied for all courses in a given year pursuant to 5.6.4 shall be considered to have applied for all such short postings occurring during that academic year.

5.6.4.1 Any person with seniority as set out in section 5.8 and who, prior to April 1st, preceding the start of the academic year:

• had submitted an updated curriculum vitae,
• had indicated in writing to the appropriate authority as indicated in APTPUO postings his/her interest in being employed in the academic unit for the following academic year shall be deemed to have applied for all the positions for which he/she is qualified in that academic unit.

Members are encouraged to provide in writing details concerning the days and times of his/her availability to teach in the coming year at the time they submit their general applications, although both parties recognize that such disclosure of his/her availability is optional and failure to do shall not invalidate the application.

5.6.4.2 When a member applies for an APTPUO posting, she shall receive a confirmation from the electronic posting system.

5.7.1.1 Applicants shall be rated according to their qualifications and the requirements and other criteria set out in the posting.

b) Subject to 5.7.2 (a), an applicant who has previously taught the course in question with a cumulative average above 3.20 as regular part-time academic staff will be classified at least in category A of paragraph 5.7.2.

5.7.1.2 Subject to 5.7.2 and 5.7.3, applicants lacking one or more of the required qualifications shall not be considered.

5.7.1.3 In order to assign courses/work at the end of the posting period, the chairperson shall establish a list of qualified applicants who have been classified in accordance with sections 5.7.1, 5.7.2 and 5.7.3 in the highest category; such a list shall be in decreasing order of seniority and shall contain the full names as well as the seniority points of the applicants, it being understood that where there is a candidate considered to be in category C, no ranking by seniority of category B and A applicants is necessary, and where there are only B and A applicants, only B applicants need be so ranked. All applicants who by accepting the posting will exceed the limits prescribed in paragraph 5.9.3 shall be removed from the list. The chairperson shall then proceed to offer the posting to applicants in the order in which they appear on the list.

5.7.1.4 The assignment of courses to the applicants should normally be completed within thirty (30) fays following the end of the regular posting. For all other postings, assignment confirmations are given no more than forty-eight (48) hours after the end of the posting.

5.7.1.5 If a tie in seniority points results and either or both applicants have been part-time teachers before September 1, 1981, experience acquired before that date may be considered as follows: seniority shall be calculated retroactively, one year at a time, until the tie is broken. If the tie is not broken, the applicant with the most seniority points in the course in question shall be assigned the course.

5.7.1.6 The Employer undertakes whenever possible, in the assignment of work, to consider the course selections made by the applicant.

5.7.1.7 

• Among the courses offered to student part-time academic staff, the Employer may assign not more than one (1) three (3) credit course or equivalent per academic year to a member of the student part-time academic staff on a basis which considers economic need and/ or the need to give students teaching experience, rather than rating or seniority.
• Paragraph 5.7.1.7 a) cannot be used more than once by the same academic unit in a single academic year as a motive for a course assignment.
• No later than thirty (30) days after the start of a term, the Employer will submit a detailed report of hiring under paragraph 5.7.1.7a). In particular, this report will indicate the department and the Faculty, the course code and the section, the name of the member, the number of seniority points of the member as well as the hiring reasons.

5.7.1.8 It is understood that any contract offered verbally or in writing to a student part-time academic staff member may not be cancelled simply because he/she has lost his/her status as a full-time registred graduate student at the start of the teaching contract.

5.7.2.1 For each posted position, applicants who are considered qualified shall be classified into one of the two categories set out below in accordance with the guidelines set out in Appendix "B", it being understood that an individual's classification is for a given position and may vary from position to position.

• Category A:

• Applicants possessing all of the required qualifications and experience and fulfilling the language requirements.

• Category B:

• Applicants who possess the requirements, some additional qualifications, who fulfill the language requirements, and who have taught the posted course as a regular part-time professor at least three (3) times with a cumulative average of at least 4 in the answers to the following questions of the Senate "Student response questionnaire for use in the evaluation of teaching and courses":

• i) the professor is well prepared for class... almost always, often, sometimes, rarely, almost never;

• ii) I think the professor conveys the subject matter effectively... almost away, often, sometimes, seldom, almost never;

• iii) I find that the professor, as a teacher, is... excellent, good, acceptable, poor, very poor;

• it being understood that the cumulative average will be for all the most recent A reports for this course to a maximum of 5.

5.7.3.1 For each posted position, applicants who are considered qualified shall be classified into one of the three categories set out below in accordance with the guidelines set out in Appendix "B", it being understood that an individual's classification is for a given position and may vary from position to position.

• Category A:

• Applicants possessing all of the required qualifications and experience and fulfilling the language requirements.

• Category B:

• Applicants who possess the requirements, who fulfill the language requirements, and who have taught the posted course as a regular part-time professor at least three times with a cumulative average of at least 4 in the answers to the questions stated in 5.7.2.1 b); it being understood that the cumulative average will be for all the most recent A reports for this course to a maximum of 5.

• Category C:

• A sole applicant who fulfills the language requirements and who clearly possesses uniquely superior qualifications to those of any other applicant and is consequently recognized as an expert in the field.

5.7.3.2 In establishing the ratings, the Employer may consider, among other factors, demonstrated competence as a scholar or teacher, whether or not his is specified in the posting.

5.7.4.1 For each posted position, applicants who are considered qualified shall be classified into one of the three categories set out below in accordance with the guidelines set out in Appendix "B", it being understood that an individual's classification is for a given position and may vary from position to position.

• Category A:

• Applicants possessing all of the required qualifications and experience and fulfilling the language requirements.

• Category B:

• Applicants who possess the requirements, some additional qualifications, who fulfill the language requirements, and who have taught the posted course as a regular part-time professor at least three (3) times with a cumulative average of at least 4 in the answers to the following questions of the Senate "Student response questionnaire for use in the evaluation of teaching and courses":

• i) the professor is well prepared for class... almost always, often, sometimes, rarely, almost never;

• ii) I think the professor conveys the subject matter effectively... almost always, often, sometimes, seldom, almost never;

• iii) I find that the professor, as a teacher, is... excellent, good, acceptable, poor, very poor;

• it being understood that the cumulative average will be for all the most recent A reports for this course to a maximum of 5.

• Category C:

• A sole applicant who fulfills the language requirements and who clearly possesses uniquely superior qualifications to those of any other applicant and is consequently recognized as an expert in the field.

5.8.1.1 

i) APTPUO members will be given seniority points for courses taught at the Faculty of Law since September 1, 2011, based on the electronic contracts issued, in accordance with the seniority provisions of the 2018-2021 collective agreement;

ii) It is understood that members who taught pursuant to paragraph 1) above shall earn no more than two points per academic year, pursuant to article 5.8.1 b of the collective agreement;

iii) In accordance with article 5.8.5 of the collective agreement, any member who has not taught at the Faculty of Law in the twenty-four (24) months before certification will be deemed to have lost all seniority points;

iv) A grandparent list shall be created identifying all members who have taught courses for the Faculty of Law in one of the 2017-2018, 2018-2019, 2019-2020 academic years;

v) A copy of the grandparent list shall be provided to the Association no later than one hundred and twenty (120) days from this Award [Kaplan, April 25, 2019];

vi) An updated list shall be provided to the Association on June 30, 2020;

vii) Starting Fall 2020 until August 31, 2022, priority will be given to members on the grandparent list.

5.9.3.1 No member shall teach courses worth more than fifteen (15) credits in two (2) consecutive sessions.

5.9.3.2 When a member teaches a number of hours (in a classroom or online) that is different from the credit value posted and recognized in the faculty calendar, the credit value will be adjusted in proportion to the number of hours of teaching. Hours performed in laboratories and other similar activities will not be included in the calculation of the adjustment.

5.9.3.3 Members teaching at the Official Languages and Bilingualism Institute (OLBI) shall not be given a teaching assignment equivalent to more than 340 hours of teaching in any one academic year. If a member teaching at the OLBI also teaches courses in a different academic unit or department, the number of teaching hours for these courses outside of OLBI are calculated to a maximum of 340 hours in any one academic unit.

5.12.4.1 The rates set out in Appendix "D" shall apply to all members appointed to perform bargaining unit work to commence on or after September 1, 2010.

5.12.4.2 Retroactive payments to those members earning less than the above-noted rates shall be made to those members performing bargaining unit work since September 1, 2010 within no more than three (3) pay periods of ratification of this Agreement. After that period, the members shall be paid in accordance with the new rates set out in Appendix "D".

5.12.4.3 Entitlement with respect to all fringe benefits except sick leave shall be assumed to have commenced on the 1st day of September, 1986. For the purposes of the accumulation of unused sick leave, employees who have acquired seniority since September 1, 1984 may accumulate sick leave as provided for in section 7.3.

5.13.2.1 LTAs are teaching-focused and shall be five (5) years in duration. LTAs shall normally commence at the beginning of the Fall or Winter semester.

The contract years worked by members prior to the signing of this agreement shall be considered for this purpose.

5.13.2.2 At the end of the third year of a member's contract, the Employer shall conduct a performance evaluation of the member's workload duties, as well as shall give proper consideration to any information added by the Chair (or equivalent), and any information added by the member. The Employer shall indicate whether the member's performance is deemed to be satisfactory or unsatisfactory and shall advise the member promptly. In the event that the member's performance is deemed to be unsatisfactory, a remedial support plan shall be worked out between the department and the member for the remaining two (2) years. Where there is no improvement in the member's performance, the Employer may decide to terminate the employment contract and 5.13.7.2 shall not apply.

5.13.3.1 All new LTA positions shall be posted.

5.13.3.2 The chair shall post the offer of employment in the department or faculty on the electronic bulletin board set aside for these purposes for a period of at least thirty (30) days.

5.13.3.3 The posting shall be electronic and must indicate:

• the name of the faculty, department or academic unit; the description of the work, the number of credits attached to the work;
• the minimum required qualifications shall be clearly indicated, it being understood that the classification of applicants under 5.13.4.3 and not the posted level of qualifications shall determine the awarding of the position;
• start and termination dates of the posting as well as the type of posting (LTA fixed-term contract or leading to an open-ended contract);
• the procedure for submitting an application to the department or faculty;
• the level of knowledge (active or passive) of the other official language required, if any.

5.13.3.4 A copy of the posting shall be forwarded to the APTPUO office no later than the day on which posting begins.

5.13.4.1 Required and desired qualifications should be clearly set out in the posting. In evaluating candidates and establishing ratings, the required and desired qualifications shall not differ significantly from those set out in the posting.

5.13.4.2 In postings which have an academic support component, activity outside the University, which constitutes a contribution to the field, shall be taken into consideration.

5.13.4.3 For each posted position, applicants who are considered qualified shall be classified into one of the three categories set out below.

• Category A:

• Applicants with at least eight (8) seniority points possessing the minimum qualifications and fulfilling the language requirements, or

• Applicants possessing some of the required qualifications, fulfilling the language requirements, and having worked in the field as a regular part-time professor.

• Category B:

• Applicants with at least eight (8) seniority points who possess the minimum required qualifications and some additional desired qualifications, who fulfill the language requirements. A regular part-time professor with a cumulative average of 4 points out of 5 points to the three questions in 5.7.2 for four (4) out of the five (5) three-credit courses most recently taught shall be qualified at a minimum as category B.

• Category C:

• A sole applicant who fulfills the language requirements and who clearly possesses uniquely superior qualifications to those of any other applicant and is consequently recognized as an expert in the field. In judging an applicant to be in Category C, which implies a distinct superiority over all other applicants, care must be taken to ensure that the areas of superiority bear a clear relationship to the posting. Such assessment shall consider the teaching experience, the professional experience and the research performed by the applicant.

• Where two or more candidates are classified in the same category, seniority shall be the determining factor.

5.13.4.4 The academic unit may ask qualified applicants to submit to an interview as well as to provide a portfolio.

5.13.4.5 The Association shall receive a copy of every letter of appointment within thirty (30) days of the member accepting an LTA. The letter of appointment shall include: a description of the duties for the first year , the number of courses to be taught by academic year, and where known, the course code and title to be taught, the specific academic support duties to be performed (if any), as well as the number of hours for each academic support duty (if any). Specific duties shall be assigned before June 1 for the second and third years of the contract.

5.13.6.1 Teaching duties of LTAs are limited to the duties defined in Article 5.1.2.

5.13.6.2 The academic support duties shall be defined in the letter of appointment.

The academic support duties may include, but is not limited to, some or all the duties below:

• • professional counselling and/or mentoring
  • development of academic tools (courses, laboratories)
  • scholarly activities
  • academic program, course and/or event coordination.

5.13.6.3 At the start of each academic year, the Employer will submit a list to the APTPUO of all members holding a LTA and indicating if the position is fixed-term or open-ended. This list shall contain the name of the member, his or her contact information, the department, the Faculty, the list of courses and academic support duties assigned for the academic year when applicable.

5.13.7.1 PROCEDURES

Reappointment shall be based on a record of teaching effectiveness, which will normally mean a cumulative average of four (4) out of five (5) or higher for the three (3) questions referred to in 5.7.2 for all courses taught during the appointment, it being understood that the cumulative average will be for all the A reports combined, adjustment made if there are mitigating circumstances. The member must also have a record of good performance in other areas defined in the letter of appointment.

The chair of the academic unit shall notify the member in writing no later than six (6) months before the end of the appointment whether the unit intends to extend the LTA, as well as provide an evaluation of the member's performance. The member shall respond in writing within thirty (30) days whether he or she accepts the new appointment.

In accordance with Article 11, decisions concerning reappointment shall also be made on the basis of activities in which the member engages for the purpose of preparing courses, including those undertaken to ensure that teaching is in keeping with the current state of the subject taught.

5.13.7.2 COPY TO UNION

The Association shall receive a copy of the member's letter of reappointment.

5.13.9.1 Unless stated otherwise in article 5.13, this agreement applies to LTAs.