Article 25: Changes in Programme Staffing for Academic Reasons

25.01 The Parties agree that teaching, research and professional library staff are essential to the University’s goals, and that the Senate is responsible for determining the teaching, scholarly and research objectives of Dalhousie University within the financial limits approved by the Board. The Board agrees to maintain the integrity of Programmes approved by the Senate by providing a staff of Members sufficient to that purpose subject to the provisions of this Article 25, Article 26 or Article 27.

25.02 The Parties acknowledge that the Senate may decide for bona fide academic reasons that a Programme should be varied, reduced or eliminated. In implementing such decisions which affect the terms and conditions of employment of Members, the Board shall take due account of recommendations resulting from such representative planning processes as may be established by the Senate, the Faculties or the Departments or similar units of the University, provided these are fair, reasonable, and consistent with the provisions of this Collective Agreement. When a Senate decision to reduce or eliminate a Programme is based primarily on a loss of student clientele, the Board acknowledges that it will take action that affects the appointments of Members only if the loss is significant and has been continuous, and is expected to continue, over several years.

25.03 When a decision of the Senate calls for the reduction or elimination of a Programme, Members who work in that Programme will not be replaced when they leave Dalhousie University. In other circumstances, unless the provisions of Article 26 or Article 27 apply, a Department or other such unit which does not agree with a decision of non-replacement shall be given an opportunity to present its case to the Faculty Academic Planning Committee; if agreement cannot be secured as a result of the review by the Faculty Academic Planning Committee, a Department or other such unit may appeal to the Senate Academic Priorities and Budget Committee, which shall make a final decision on whether a replacement appointment is necessary to maintain the integrity of the Programme in question.

25.04 The Board will take any of the actions in Clause 25.05 to reduce staff in a Programme for academic reasons, only if the Senate has decided that the Programme be reduced or eliminated, and only if the non-replacement of Members is likely to be insufficient. Before taking any action to give effect to such a Senate decision which might reasonably be expected to result in effects upon Members, the Board shall forward a report to the Association and to the Senate. The report shall cite the specific decision or decisions of the Senate calling for a reduction or elimination of positions, the steps to be taken in Clause 25.05, the number of Members to be affected, and alternative means, if possible, for dealing with the situation. The report shall provide the Board’s reasons for the necessity of the proposed actions. The Board shall allow a reasonable period, not less than sixty days, for the Association and the Senate to respond to this report.

25.05 If the Senate decides that a Programme is to be reduced or eliminated and the Board agrees, the Board shall seek to reduce the number of positions held by Members in a Programme in a manner and to a degree consistent with the Senate’s recommendations by action in three stages:

(a) Through the following arrangements in cooperation with Members and the Association-Board Committee:

(i) regular retirements and resignations;

(ii) voluntary transfers to other duties within Dalhousie University;

(iii) voluntary early retirement or voluntary reduction in workload and commensurate salary;

(iv) voluntary separation;

(v) voluntary retraining for other available positions within Dalhousie University for which the Member may, in the judgment of a concurrent majority of the Association-Board Committee, be reasonably qualified.

(b) If the arrangements set out in Clause 25.05(a) will not result in elimination of the number of positions required within a reasonable period of time, but not less than that recommended by the Senate, the Board, on the recommendation of the Association-Board Committee (such a recommendation shall not be unreasonably withheld), may proceed with the following steps in sequence as necessary to make the required number of reductions:

(i) non-renewal of initial probationary or initial probationary tenure-track appointments and of initial limited-term appointments under Clause 14.16(b);

(ii) non-renewal of renewed limited-term appointments under Clause 14.16(b);

(iii) non-renewal of tenure-track appointments and of renewed probationary appointments;

(iv) redeployment of Members with tenure or appointments without term or continuing appointments (on the recommendation of the Association- Board Committee) to other available positions for which they are qualified (or for which they can reasonably be retrained) and which they are willing to accept.

Under (a)(v) and (b)(iv) above the Board shall pay retraining costs where necessary, as judged by the Association-Board Committee. The Association-Board Committee will make all reasonable efforts to find alternative positions for Members affected by steps under Clause 25.05(b).

(c) If Members holding continuing appointments are unwilling to be redeployed or if there is no possible job for which the Member could qualify with reasonable retraining, the Board may lay the Member off with at least the same notice, recall rights and any other rights and privileges provided to Members or laid-off former Members under Clause 27.28(b), but with an additional six months’ severance pay.

(c) If Members holding appointments with tenure or without term are unwilling to be redeployed or if there is no possible job for which the Member is qualified or could qualify with reasonable retraining, they will be offered the choice of:

(i) continuing with full facilities for the continuation of their research, scholarship, artistic and/or professional activities, and their duties related to academic administration within Dalhousie University and professional activities outside Dalhousie University, on a half-time basis or other fraction as may be agreed to by the Dean and the Member concerned (if no agreement is reached, the fraction shall be one-half or the fraction specified by the Dean, whichever is higher) with no loss in rank, tenure status (or appointment without term) and years of service accumulated to that date toward sabbatical leave, with salary at the same fraction as provided above, and with responsibilities assigned to such a Member in accordance with Article 20 set out in writing at the time any change takes place;

(ii) being laid off with at least the same notice, recall rights, and any other rights or privileges provided to Members or laid-off former Members under Article 27, but with an additional six months’ severance pay.

25.06 Should any or all of the steps in Clause 25.05(b), (c) or (d) be required, the identification of Members who are subject to non-renewal of appointment or lay-off shall be made by representative committees in the Departments or similar units affected. Such decisions shall be made according to appropriate criteria on fair and nondiscriminatory bases, consistent with the provisions of the Collective Agreement and with those characteristics of excellence considered relevant to granting appointments, reappointments, promotion, tenure, appointments without term, and continuing appointments. In the event committees fail to make recommendations within sixty days, the Dean or Vice-President, in consultation with the Association-Board Committee, shall determine the Members to be affected.