Article 18 : job postings and appointments
18.1.1 This Article applies to Teaching Assistants, Tutors, Demonstrators, Markers, Correctors, Proctors, Lab Monitors and Research Assistants who are funded from the University's operating budget.
18.2.1 A Full Appointment corresponds to an appointment or appointments totalling one hundred and thirty (130) hours in a year of study, as defined in Article 1.1.
18.2.2 All appointments need not be Full Appointments. An Employee may work more than a Full Appointment, so long as the provisions of this Agreement are respected.
18.2.3 Cancellation of Appointments or Contracts
126.96.36.199 The Parties recognize that a legally binding employment contract is entered into when a written offer of employment is made by the Employer and that offer is accepted by the candidate.
188.8.131.52 It is recognized that appointments are tentative in that they may be cancelled by the Employer because of course changes or lack of enrollment.
If a contract is cancelled for the reasons stated in this Article, the Employer shall either:
- assign other duties to the Employee including duties unrelated to the cancelled position provided the Employer endeavours to ensure that the assigned duties are consistent with the Employee's previous service with the Employer, or
- pay out the full remaining value of the contract in the regular course.
The remaining number of contract hours to be offered to the Employee shall be calculated as being the difference between the number of hours actually completed by the Employee at the date of cancellation and the total number of hours specified in the original contract. Respecting the provisions outlined in 31.7, the Employee's breakdown of hours worked up to the point of cancellation of the contract can be provided to the Employer for consideration as evidence of hours worked .
184.108.40.206 After the position has been offered and accepted, if any conditions of employment arise that were not written in the initial Job Posting, the Employer shall inform the Employee and give them an opportunity to meet these conditions.
18.2.4 Appointments shall not be split for the express purpose of avoiding the posting requirement. Also, Appointments for a course shall not be divided into partial appointments with different salary rates.
18.3.1 Timelines for postings
- Appointments of twenty (20) hours or more shall be posted at least fifteen (15) Working Days prior to the start of the appointment and for at least ten (10) Working Days.
- Appointments of twenty (20) hours or more which could not have been posted prior to the start of the session shall be posted for at least five (5) Working Days prior to the start of the appointment. This procedure does not apply to Research Assistant positions, and shall not be used to avoid the normal posting procedure described in Art. 18.3.1 a).
- The Parties agree that it is generally beneficial that postings do not end earlier than two (2) months prior to the start of the appointment, in order to coincide with the notification of postings (Article 18.3.3).
18.3.2 There are two (2) situations where postings are not required:
- If an appointment becomes vacant and a replacement is required within five (5) Working Days from the time notice of vacating the position was given; or,
- for appointments of less than twenty (20) hours.
- However, if they are posted, the rules of posting a position described above shall be followed.
18.3.3 Notification of Postings
All job postings shall be placed on the Employer’s web site and on a bulletin board in the Unit reserved in whole or in part for this purpose. The Employer shall send electronic notice to its graduate Students and other Employees that have had contracts in the past twelve (12) months prior to the new postings, by the end of the months of June, October, and February of each year informing them of their responsibility to monitor and apply to job postings.
18.3.4 An electronic copy of each posting shall be forwarded to the Union within one (1) Working Day of the start of the posting.
18.3.1 Job Posting Content
Job postings shall provide a brief description of the work, the classification and rate of pay, qualifications required, location of the employment, language in which the work will be required to be performed (where deemed necessary), Supervisor (if known), overall time requirements, a reasonable estimate of course enrolment, person to whom application is to be made, application deadline, specific documents required in the application deadline, any conditions of employment and any other pertinent information.
Postings shall explicitly state any exceptional circumstances of the position, such as external funding (see Article 30), the requirement to travel, etc.
Postings shall be dated with the date they are posted.
18.3.2 Required Qualifications
Qualification requirements shall be established in a reasonable manner. Furthermore, changes to the qualification requirements cannot be made for the sole purpose of excluding applicants who previously have performed this appointment successfully.
18.4.1 Applications for posted positions shall be submitted through an online application system no later than the date the posting ends as specified on the posting (see Appendix D).
18.4.2 It is the responsibility of the applicant to provide all of the information on which the decision to hire will be based.
18.4.3 An application is by default made for specific posted positions. However, making an application for a Teaching Assistant position also implies that the candidate may be considered for all other positions for which they are qualified in the same Unit in which they have explicitly applied. A candidate may indicate that they do not want to be considered for positions other than those for which they have explicitly applied.
220.127.116.11 An offer of appointment to the successful candidate of each position shall be made in writing or by email no later than ten (10) Working Days after the hiring has been approved by the Unit. Notwithstanding the preceding, every applicant (successful and unsucessful) will be advised of the outcome of their application.
18.104.22.168 Accepted offers of appointment shall be accompanied by a web link to copies of, and instructions for completing:
- the Description of Duties and Allocation of Hours form (Appendix B);
- Guidelines for preparing the Description of Duties & Allocation of Hours form (Appendix C);
- the Workload Review form (Appendix E);
- the Informal Evaluation form (Appendix F, per Article 16.5) and
- the CUPE 2626 membership application form.
18.4.1 The Employer shall keep applications on file in the appropriate Unit for twelve (12) months, after which all applications shall be secured in Labour Relations files for a minimum of three (3) additional years.
18.4.2 Obligation to Accommodate
At the request of the applicant, the Employer shall provide a copy of the Job Application form (Appendix D) in the format requested, including but not limited to a paper or electronic document. Should the Employer require more than two (2) business days to complete the above accommodations, the end date of the posting shall be extended by the number of days it took for the accommodation to be fulfilled.
18.5 Allocation of Positions
18.5.1 In the allocating of positions, the Employer must first respect the following:
- its obligation to Employees as set out in 18.7.1, 18.7.2. and 18.7.3; and;
- the Employer's need to attract excellent Students to pursue graduate studies with the hiring Academic Unit and to maintain competitive levels of support by means such as scholarship or bursary engagements of financial support.
In all cases, the Employer shall follow the Hiring Criteria (Article 18.6).
18.5.2 The Employer may allocate a number of positions in order to fulfill its obligations set out in 18.7.1, 18.7.2. and 18.7.3 or in offers of financial support. However, the Employer cannot reserve specific positions for these purposes.
18.5.3 It is understood that there may not be a sufficient number of contracts and hours for a full appointment in the program, Unit, and faculty where a member applies. In such circumstances, the Employer may carry over the remaining hours for completion of entitlement to the member's next year of study only if the Employer respects the following:
- the consent of the member must be sought and provided;
- if the member consents to this practice, such consent shall only apply to the hours and year of study specified in the offer;
- carrying over hours to the next year of study shall not affect their subsequent job security.
If the member does not consent to the carry-over of remaining hours for completion of entitlement, the member will be paid the remaining hours to completion of entitlement.
18.6 Hiring Criteria
18.6.1 Only candidates who meet the qualifications required in the posting for the position will be considered for that position.
18.6.2 Hiring Priority
22.214.171.124 In offering positions pursuant to 18.6, the Employer shall use the following order of priority:
- Full-time graduate Student registered in a program associated with the Unit where the position is offered who has received less than two (2) full appointments, or no appointment, in a year of study.
- Full-time graduate Student registered in a program associated with the Unit where the position is offered.
- Full-time graduate Student not registered in a program associated with the Unit where the position is offered.
- Part-time graduate Student registered in a program associated with the Unit where the position is offered.
- Part-time graduate Student not registered in a program associated with the Unit where the position is offered.
- Full-time undergraduate Student registered in a program associated with the Unit where the position is offered.
- Any other full-time undergraduate Student not registered in a program associated with the Unit where the position is offered.
- Part-time undergraduate Student registered in a program associated with the Unit where the position is offered.
126.96.36.199 A candidate who has explicitly applied for specific postings under section 18.4.3 will be ranked ahead of candidates who have not specifically applied, subject to the order of priority set out in 188.8.131.52.
184.108.40.206 Where two (2) or more candidates receive the same ranking according to the priorities set out in 220.127.116.11 and 18.104.22.168, candidates shall be hired based on a consideration of the following criteria in no particular order: the candidate's ability to perform the duties of the positions; the candidate's previous relevant experience; and relevant academic qualifications in addition to those set out in the posting.
18.6.3 Members in Interdisciplinary Programs
For the purposes of the allocation of positions and hiring under articles 18.5, 18.6, and 18.7, members registered in an interdisciplinary program without an undergraduate program (e.g. Population Health) shall be associated with only one Academic Unit of their choice at a time. The online application form must make it clear to the applicants registered in interdisciplinary programs that they must select one Academic Unit from among the Academic Units which officially contribute to the member's interdisciplinary program, or from the Academic Unit of their Thesis Director or Co-Director. The selection of the Academic Unit may be modified once during their program of study. It is the responsibility of the member to inform both Academic Units of this change before June 1 and provide justification, and will come into effect for the subsequent Academic Year. When completing the online application, these members registered in interdisciplinary programs shall indicate under Present Course of Study, in addition to their interdisciplinary program, their selected Unit for the purpose of being considered under 22.214.171.124 (1 or 2) in the Hiring Priority. All other applications by such members will be considered under 126.96.36.199 (3).
18.6.4 Language of Preference
In offering positions pursuant to Articles 18.5 and 18.6, the Employer will attempt to assign Employees who have stated a proficiency in both French and English on their application form, to courses in the language of preference stated on the application form. An Employee may not grieve on the basis that they were assigned to a course other than in their language of preference.
18.7 Job Security
18.7.1 Every full-time graduate Student who is offered for the first time during their program an appointment or appointments totaling one quarter (1/4) of a Full Appointment as defined in 18.2.1 during a year of study will be offered an appointment in the same year of study such that the total value of appointments during that year of study is at least the value of one Full Appointment as a Teaching Assistant.
18.7.2 Entitlement for Ph.D.
Every full-time graduate Student in a Ph.D program who is offered an appointment or appointments of equal or greater value to a Full Appointment as a Teaching Assistant will be offered the equivalent of a Full Appointment as a Teaching or Research Assistant in each of the subsequent years in which they are registered as a full-time Student, for a period not exceeding the fifth (5th) year of study in the same program.
18.7.3 Entitlement for Master's
Every full-time graduate Student in a two-year (2-year) Master's program who is offered an appointment or appointments of equal or greater value to a Full Appointment as a Teaching Assistant during the first year of study in that program will be offered the equivalent of a Full Appointment as a Teaching or Research Assistant in the following year of study, provided that they are registered for at least one (1) session in the second (2nd) year.
18.7.4 The Employer shall make reasonable efforts to fulfill Entitlements owed under 18.7.1, 18.7.2 and 18.7.3 as early within the year of study of the member as possible. Where a member makes it known to the Unit, with a written confirmation from their thesis director, that they are scheduled to complete their program of study before their entitlement for that year of study has been fulfilled, the Unit shall make a reasonable effort to prioritize that member's entitlement.
18.7.5 Requirement to Submit Job Application
An Employee who wishes to access their right to their job entitlement as per 18.7.2 or 18.7.3 must submit a job application pursuant to Article 18.4. Their stated preference shall be taken into account when hiring, it being understood that the Academic Unit must also take into consideration the Unit's pedagogical needs and may offer them another position.
18.7.6 No Entitlement to Specific Positions
The Parties agree that the entitlements under 18.7.1, 18.7.2 and 18.7.3 are not for specific posted positions. An Employee may grieve only the Employer's failure to satisfy the entitlement, not the specific position offered to the Employee to fulfill the entitlement, nor the choices of assignments indicated by the member in their online application . Upon request, the Employer will tell the Employee why they did not receive a specific position when the reasons relate to skills, abilities, knowledge or capabilities of the applicant.
18.7.7 Entitlement while on Pregnancy Leave
Graduate Students registered as part-time rather than full-time (for the purposes of care of a child after the member’s pregnancy) for up to twenty-four (24) months shall have the right to one half (1/2) of a full appointment for the purposes of 18.7.1.
18.7.8 Possibility of Additional Appointments
The above does not exclude the possibility of a full-time graduate Student being offered additional appointment(s).
18.7.9 Right to Refuse Without Loss of Entitlement
It is understood by both Parties that an Employee has the right to refuse an appointment.
- If the Employee refuses an appointment where the Supervisor is either their academic Thesis Director or, where it applies, a member of their Ph.D/Master's advisory committee, the Employee will be offered another appointment of equal or greater value.
- Graduate Students who previously held a Teaching Assistantship can request not to perform a position in a previous course(s) in which they held such an appointment. To the extent possible, the Employer shall accommodate such a request with an appointment of at least the same number of hours.
- If the Employee cannot accept the offered position due to circumstances beyond their control (including but not limited to circumstances imposed by their academic program requirements such as internship, field work, session of study abroad, etc.), they shall advise the Employer of the reasons and request a change of appointment. The Employer shall not unreasonably deny this request. To the extent possible, the Employer shall respond to such a refusal with an appointment of at least the same monetary value.
18.7.10 Supervisor's Right to Refusal
It is also understood that no professor will be required to supervise an Employee where the professor is also the Employee's Thesis Director or, where it applies, a member of the Employee's Ph.D./Master's advisory committee. In such cases, the Employee will be offered another appointment of equal or greater value.
18.7.11 Job Security During Leaves of Absence
A period over which a graduate Student takes an approved leave of absence from full-time study shall not be counted as one of the periods of study referred to in 18.7.2 or 18.7.3.
18.8 Entitlement Lists
18.8.1 By June 30, each Unit shall prepare a list, referred to as the Entitlement List, of all persons for whom it must respect an obligation for reappointment pursuant to 18.5.1 (i). The Entitlement List shall be numerically ordered by Student numbers, using only the last four (4) digits for the purpose of confidentiality. Each Unit will post the Entitlement List on the departmental bulletin board reserved in whole or in part for job postings. In accordance with 18.8.3, the Entitlement List shall be mailed to all graduate Students in the Unit. The posted list shall not contain names. If the number of available positions is not enough to satisfy the obligations outlined in 18.5.1 (i) in the Fall session, the list of the remaining obligations shall be posted in numerical order by Student numbers, posting the last four (4) digits only to ensure confidentiality.
18.8.2 An electronic copy of the entitlement list will be sent to the Union at or about the time it is posted inclusive of the names corresponding to the Student numbers.
18.8.3 For the convenience of Employees, by June 30 of each year, each Unit will send an electronic notice to its graduate Students registered in its programs informing them of the existence of the Entitlement List referred to in 18.8.1. The Unit shall use the graduate Students' email address when sending the electronic notice. The Entitlement List shall be attached to the electronic notice.
18.8.4 Responsibility to Submit Job Application
It is understood that the electronic notice referred to in 18.8.3 is for convenience and information only and does not place an obligation on the Academic Unit or the Employer to advise each Employee or graduate Student of their respective entitlements. Failure to receive the electronic notice referred to in 18.8.3 shall not be construed as a waiver of the Employee's obligation to apply in order to receive their entitlement.
18.9 Student Status
18.9.1 If an Employee is not registered as a Student at the start of the work set out in the contract, the contract shall be considered void. If an Employee is registered at the start of the work set out in the contract, but loses their Student Status during the contracted period, the Employer may terminate the contract unless the Employee is on an approved leave of absence as specified in Article 24. It is understood that if an Employee loses their Student Status, they shall inform the Unit within five (5) Working Days. Students who have officially submitted their Master’s thesis or Ph.D. dissertation are deemed to be registered for the full session or sessions in which the thesis or dissertation is submitted, under evaluation or is in the defense process as per Article 1.
18.9.2 If an Employee has obtained a contract on the basis of full-time status and subsequently changes their status to part-time within thirty (30) days of the beginning of the academic term for which the contract was offered, they must advise the Unit in which they hold a contract of their change of status at the time of their application for change of status. If an Employee has applied for a posting as a full-time Student and subsequently changes their status to part-time, they shall inform each of the Units in which they applied for a position of their change of status. The online application system and the offer of employment shall indicate this requirement.
18.9.3 An Employee awarded a contract on the basis of full-time Student status and who subsequently changes their status to part-time may be required to revert to full-time status within ten (10) Working Days, provided they are so advised by the Unit in which they hold a contract within the first thirty (30) days of the academic term for which the contract was offered. Failure to revert to full-time status may lead to the termination of the contract. Before the contract is terminated, the Parties shall meet to review the circumstances surrounding the change in Student status and the grounds to maintain the contract in force. If the Parties cannot come to an agreement, the Employer shall make the final determination as to whether the contract should remain in force, it being understood that if the contract is terminated, all hours worked prior to termination shall be paid. Ongoing contracts will not be terminated in cases where Employees change their Student status from full-time to part-time due to attested accommodations.
18.9.4 If a contract is terminated pursuant to 18.9.1 and 18.9.3, the position shall be reopened without a new posting if at least twenty-five (25) percent or ten (10) hours of work remain to be completed. In such a case, the Employee's original application shall be considered for the reopened position as per the order of priority set out in 188.8.131.52.
18.10.1 If a member applied for a posted position and has been refused but has been given another position equal in monetary value and in the number of hours to the position originally applied for, the member is not entitled to grieve. If amember applies for a posted position and has been refused and has not been given a position, or has been given a position that is inferior in monetary value or in the number of hours to the position originally applied for, the member is entitled to grieve, as per Article 13.
18.10.2 If the grievance is resolved in favour of the grievor, unless the Parties arrive at some other mutually satisfactory resolution, the grievor shall be paid the full amount of the contract. If the Parties agree to replace the incumbent by the grievor in the position dealt with in the grievance, the incumbent shall be paid for those hours worked under the contract and they shall receive an amount equal to ten (10) percent of the hours remaining in the contract; such a settlement shall not be considered to satisfy any entitlement the incumbent may have under 18.7.1, 18.7.2, and 18.7.3 for that year of study.