Article 37A: Financial Emergency in the College of Continuing Education

37A.01 The Parties agree that Article 26 does not apply to the College of Continuing Education for Continuing Education Members. A financial emergency exists in the College of Continuing Education if and to the extent that the overall budget of the College of Continuing Education including the budget for bargaining unit salaries, is in a condition of severe restraint which cannot be met through routine budgetary measures and which may require reductions in the College of Continuing Education expenditures including expenditures on Continuing Education Members’ salaries.

37A.02 The Board shall not declare that financial emergency in the College of Continuing Education exists until it has taken the routine budgetary measures in Clause 37A.02 to postpone, alleviate or avoid the financial emergency in the College of Continuing Education. It is understood that routine budgetary measures shall include:

(a) efforts to increase the revenue of the College of Continuing Education;

(b) efforts to reduce or eliminate expenditures on the College of Continuing Education budgetary items not crucial to the College of Continuing Education objectives as may be determined by the College of Continuing Education;

(c) non-replacement of Continuing Education Members who leave or have left the College of Continuing Education, which shall be in accordance with the following procedures:

(i) normally by 1 February, the President after consultation with the Dean of the College of Continuing Education, shall determine the level of reduction in the overall complement of Continuing Education Members;

(ii) the Dean may designate the way in which this reduction is to be distributed within the College of Continuing Education. Such reduction shall be subject to the agreement of the College of Continuing Education Council. If no such agreement has been reached within thirty (30) days, the President may proceed with non-replacement in the way proposed by the Dean or in accordance with the proposal, if any, of the College of Continuing Education Council;

(ii) by 31 May, the Board shall provide a list to the Association of the names of Continuing Education Members who will not be replaced, subject to additions or deletions as a result of decisions made after that date;

(d) non-renewal of some or all limited-term appointments of Continuing Education Members;

(e) those measures in Clause 37A.04.

37A.03 Insofar as routine budgetary measures may require action under Clause 37A.02(c) or (d), the Board shall advise the Association in advance, citing this Clause 37A.03, of the measures to be taken under Clause 37A.02(c)(i) or (d), and shall keep the Association advised of the overall condition of the operating budget of the College of Continuing Education.

37A.04 Steps to postpone, alleviate or avoid the state of financial emergency in the College of Continuing Education may include encouragement of Continuing Education Members to accept: voluntary leave, voluntary early retirement, voluntary reductions in responsibilities and corresponding salary or voluntary separation, provided that prior to any such agreement between a Continuing Education Member and the Board:

(a) there shall be notice to the Association, and

(b) there shall be consultation with the College of Continuing Education, and

(c) that such agreement is consistent with the continuing education and public affairs goals of the College of Continuing Education and the financial interests of the College of Continuing Education, and

(d) the Board shall inform the Association in writing of the details of the arrangements referred to above.

37A.05 In implementing any routine budgetary measures, the Board shall take due account of recommendations resulting from such planning processes as may be established by Senate or the College of Continuing Education.

37A.06 Before the Board takes any of the actions provided in Clause 37A.08, it shall advise the Senate and the Association through a report from the President, that it intends to declare a situation of financial emergency in the College of Continuing Education. This report shall cite this Clause 37A.06, and shall provide relevant detailed information on the Board’s efforts and plans to increase revenue in the College of Continuing Education, the methods employed, and the actual and projected increase in revenue in the College of Continuing Education. The report shall also provide detailed information on the reduction or elimination of expenditures on budgetary items referred to in Clause 37A.02(b) and the actual or projected savings resulting therefrom. This report shall demonstrate why the actions in Clause 37A.02 are inadequate to avoid this situation of financial emergency in the College of Continuing Education. The report shall also state those steps provided in Clause 37A.08 the Board proposes to take, the maximum amount of reduction in the bargaining unit salary budget and the maximum reduction in the number of Continuing Education Members which is proposed, and the reasons to justify this amount and the need for such steps. The Dean shall provide a copy of the report to all Continuing Education Members.

37A.07 The Board shall allow the Association and the Senate a reasonable period, not less than twenty-two (22) days, to make proposals on ways in which the financial situation might be ameliorated, including how any reductions in expenditures might be accomplished with the least damage to the University and the College of Continuing Education.

37A.08 Following the procedures in Clauses 37A.06 and 37A.07, the Board may declare that a situation of financial emergency in the College of Continuing Education exists and that some or all probationary tenure-track, tenure-track and limited- term appointments shall not be renewed.

37A.09 The reduction in the bargaining unit salary budget under this Article shall not exceed the amount necessary to balance the College of Continuing Education budget, excluding restricted external funds for salary support.

37A.10 The actions under Clause 37A.08 above shall not be taken to affect the bargaining unit unless the actions possible in accordance with Clause 37A.02, are inadequate and any proposals from the Association or the Senate for relieving the financial situation are judged by the Board to be inadequate to avoid, eliminate or sufficiently alleviate financial emergency in the College of Continuing Education, and reasons for this judgment have been given.

37A.11 The identification of those whose appointments will not be renewed, as provided for in Clause 37A.08, shall be made by a committee representative of all units in the College of Continuing Education. Such decisions shall be made according to appropriate criteria on fair and non-discriminatory bases. In the absence of a recommendation from such a committee within ten (10) days, the Dean shall consult with the Association-Board Committee and shall undertake within ten (10) days the identification of those whose appointments will not be renewed.

37A.12 The Board undertakes that lay-off of Continuing Education Members for financial emergency will occur only in the event of a deficit in the total budget of the College of Continuing Education. Before the Board undertakes the lay-off of Continuing Education Members, it shall advise the Senate, the Association and the College of Continuing Education Advisory Committee through a report from the President that a state of financial emergency in the College of Continuing Education exists. The President’s report shall contain information on the statement of the magnitude of the financial emergency, the Board’s proposal for solving the emergency and a statement of the maximum reduction necessary in bargaining unit salaries. The Senate, the Association and the College of Continuing Education Advisory Committee shall have a reasonable opportunity, not less than thirty (30) days to respond to the President’s report. There shall be a freeze on appointments to vacant or new positions on the continuing education professional staff of the College of Continuing Education pending the completion of the actions in Clause 37A.15. The Dean shall provide a copy of the report to all Continuing Education Members.

37A.13 Prior to making the report of the President cited in Clause 37A.12, the Board shall establish a College of Continuing Education Advisory Committee composed of one representative from each unit in the College of Continuing Education to be elected by the Members within the unit and two representatives of the College of Continuing Education Board, one of whom shall be the Chair of the College of Continuing Education Board or his/her designate. Any designate selected by the Chair shall be a community member. The committee shall select its own chairperson. At the same time they receive a copy of the report referred to in Clause 37A.12, the committee shall also receive a copy of the report in Clause 37A.06.

37A.14 Following the procedures in Clauses 37A.08 to 37A.13, the Board may declare that the financial emergency in the College of Continuing Education requires the lay-off of some or all of the Continuing Education Members. The Board may then proceed with the lay-off of some or all of the Continuing Education Members which are required to solve the financial emergency.

37A.15 The identification of those Continuing Education Members to be laid-off, as provided for in Clause 37A.14 shall be made by the Board in consultation with a committee elected by Continuing Education Members. Such decisions shall be made according to appropriate criteria on fair and non-discriminatory bases. Recommendations and the reasons therefor shall be made in writing by the committee to the Board following consultation by the committee with Continuing Education Members in the unit or units where lay-offs are recommended to occur. The committee may recommend that the lay-off of one or more specified Continuing Education Members be delayed for a specified period in order to meet the short term needs or commitments of the College of Continuing Education. Copies of the recommendations shall be made available to Continuing Education Members recommended for lay-off. In the absence of a recommendation from the committee within twenty (20) days, the Board shall consult with the Association- Board Committee and shall undertake within fifteen (15) days the identification of those Continuing Education Members to be laid-off. If the determination by the Board of the identification of the persons to be laid-off and the effective date of lay-off do not agree with the recommendation of the committee, the Board shall state the reasons therefor.

37A.16 The President shall write to each person designated for lay-off pursuant to this Article 37A and shall advise them of such designation. The letter shall include a statement that the lay-off is for reasons only of financial emergency in the College of Continuing Education. This letter shall be delivered to the Continuing Education Member in person by the President or designate or by registered mail.

37A.17 For purposes of this Article 37A, the situation of financial emergency in the College of Continuing Education shall continue for a period of one (1) year from the date of the Board’s declaration under Clause 37A.08 unless repealed sooner by the Board in light of a sufficiently improved financial situation. If the situation of financial emergency in the College of Continuing Education is to be continued the Board must make a new declaration under Clause 37A.08 following the procedures in Clauses 37A.06 and 37A.07.

37A.18 The maximum amount of bargaining unit salary reduction achieved by lay-off shall not exceed that stated in the President’s report cited in Clause 37A.12 unless the President makes a new report pursuant to Clause 37A.12 and the procedures of Clauses 37A.08 to 37A.16 are followed. Once the Board has identified Continuing Education Members to be laid-off pursuant to Clause 37A.15, it shall not lay-off any additional Continuing Education Members under this Article unless the provisions of Clauses 37A.12 to 37A.15 have been repeated.

37A.19 Prior to implementing any lay-off, the Board shall make every reasonable effort to secure a position elsewhere in Dalhousie University for a Continuing Education Member who is laid-off in accordance with Clause 37A.15. Individuals who accept such alternate employment which is on the teaching, research, professional library or the College of Continuing Education professional staff shall continue all their employment rights, including years of service towards sabbatical leave, salary and pension credit. Individuals who accept alternative employment at Dalhousie University which is not on the teaching, research, professional library or the College of Continuing Education professional staff shall continue those employment rights which are appropriate to their new positions and shall retain those pre-existing employment rights which are not so appropriate, for use if they return to the teaching, research, professional library or the College of Continuing Education professional staff. Individuals who accept alternate employment at Dalhousie University shall have the same rights, in Clauses 37A.20 to 37A.22, as those laid-off and shall be given reasonable opportunity to retrain for their new duties. The Board shall pay tuition where necessary, as judged by the Association-Board Committee.

37A.20 There shall be no hiring of new Continuing Education Members to positions in the College of Continuing Education until all laid-off former Continuing Education Members, who apply and are qualified for the positions that become available, have been offered them. Laid-off former Continuing Education Members shall have the right of first refusal for their original position and for all other vacancies on the College of Continuing Education professional staff, for which they are qualified, for a period of six (6) years from the date of their lay-off or earlier period as given in Clause 37A.24. Although preference shall not be given to laid-off former Continuing Education Members over other persons who have been laid off from other bargaining units or the administrative staff in Dalhousie University for recall to their original unit, preference shall be given to laid-off former Continuing Education Members over other people for such positions. The qualifications of laid-off former Continuing Education Members shall be judged by the appropriate Centre or similar unit concerned and, where more than one laid-off former Continuing Education Member is being considered, the Centre or similar unit shall choose among them. Individuals receiving offers of employment under this provision shall have up to one (1) month to accept such offers and a reasonable period, not less than six (6) months, to terminate alternative employment and take up the position. The Board shall notify all laid- off former Continuing Education Members by regular mail, at their last-known address, of all available positions at the College of Continuing Education and also give timely notice of them to the Association.

37A.21 Recalled persons returning to the College of Continuing Education professional staff positions shall be entitled to seniority and tenure as at the time of lay-off and years of service prior to lay-off shall be counted towards sabbatical leave privileges. Salary shall be the salary at the time of lay-off, increased by any applicable across-the-board or standard increments, not including increments for career development awarded during the period of lay-off unless the person’s activities during lay-off warrant some payment for career development.

37A.22 Any person recalled to a position different from that at lay-off shall continue to have the right of first refusal for a vacancy in his or her original position for a period of six (6) years from the time of lay-off.

37A.23 For a period of six years, laid-off former Continuing Education Members shall enjoy full access to University facilities, including library and computing services, under the same conditions as Continuing Education Members. Office space shall be provided when the Board judges this would involve no significant cost and the Centre or similar unit judges that such access would not inhibit seriously its activities. Those laid-off former Continuing Education Members who are not in full-time employment, their spouses and dependents shall be eligible for tuition waivers as provided for through this Collective Agreement, for a period of six (6) years from the date of lay-off.

37A.24 Recall rights of a person laid-off shall terminate six (6) years from the date of lay- off, or the date due for retirement, or when the person indicates in writing to the Board that he or she no longer wishes to be considered for recall, or at the date of expiry of the appointment from which the person was laid-off, whichever of these occurs soonest.

37A.25 A Continuing Education Member who has been laid-off for reasons of financial emergency in accordance with this Article shall be entitled to:

(a) notice of lay-off and the effective date thereof as soon as reasonably possible after the lay-off decision has been made, and

(b) provided they do not accept alternate employment at Dalhousie University, on the lay-off date they shall be entitled to a lump sum payment of one (1) month’s salary for each year of service at Dalhousie University, but a minimum of six (6) months and a maximum of twelve (12) months shall be paid to those who have appointments with tenure, and a minimum of three (3) months and a maximum of six (6) months shall be paid to all other Continuing Education Members who are laid-off. Such Continuing Education Members shall have the right to an additional supplement of one month’s salary for each month that said Continuing Education Member does not obtain equivalent employment after the expiry of a period equivalent to the applicable maximum and such supplement shall be paid for an additional period not to exceed six (6) months.

The salary referred to is that current at the time of lay-off.

If such Continuing Education Member accepts employment at Dalhousie University after the lay-off date but prior to a period equivalent to the applicable maximum in Clause 37A.25(b) they shall repay any portion of the amount paid under Clause 37A.25(b) which exceeds what their salary would have been had they continued to occupy their prior position.