Frequently Asked Question
Good morning Faculty,
As you read this, I am away in Ottawa and Al is still enjoying his much deserved vacation in sunny Cuba.
Another question that has crossed over the floor to us is around layoffs or potential upcoming layoffs.
I want to give you a short version or (SAFA’s understanding) of Section 13 in the Collective Agreement. I have attached the entire section below for more detail and clarity.
For Faculty head count reduction, there would need to be a reasonable reason to reduce faculty… and the reasons are specifically spelled out in the language below. Examples would be a program failure, with no students and/or a reduction in seats available due to funding cuts to that specific program (more prevalent in apprenticeship training than any other type of program that SAIT offers).
There is a specific manner to how the reduction would work; here is a short version of the language:
All Adjunct positions, Casual positions, Temp. Salary positions (formerly code 7) and of course any probationary position would have to be cut first.
Once that hurdle was clear, then SAIT would have to show SAFA that they could not bundle duties to make up a full load (as explained in the language below)
Then, and only then, could SAIT ask for voluntary retirement from full time faculty.
Finally, should any further reduction need to be made, they could move to reduce full time faculty positions.
To date, SAIT has not officially communicated to SAFA that a faculty head count reduction is required.
I will be back in the office on Tuesday, January 21st, you can phone or email me if you have any questions or concerns.
Best regards,
Blair
Always in service of you the members of SAFA
SECTION 13
POSITION ABOLISHMENT
13.01 Employees may have their positions abolished as a result of a decrease in enrollment in the academic staff member’s area of instruction or the discontinuation or cancellation of a course or program.
13.02 Prior to any position abolishment, the Employer shall notify the President of the Association at least 10 days prior to any notice to impacted employees covered under this collective agreement. During this time frame, a consultation process will convene and the Association President will be provided with the specific school, number of impacted positions, reason for abolishment and rationale for abolishment.
13.03 Corporate Training, continuing education and other such instruction may be used, with mutual agreement, to reduce the number of permanent, full time or part time positions declared redundant if:
- The combination of such instruction can be combined to create an annual workload comparable to those found in Section 36.01
- The impacted Instructor has the qualifications and the demonstrated ability to instruct these classes.
13.04 Except in circumstances beyond the reasonable control of the instructional unit, the following shall be considered prior to any permanent positions in the program being impacted:
- The Employer will release Casual, Temporary and Probationary employees;
- The use of a Voluntary process:
- An academic staff member may volunteer for position abolishment. If the Parties agree, the academic staff member shall enter into an agreement to resign or retire with the provisions as outlined in Section 13.05.
- If more volunteers than positions for abolishment occur, in conjunction with skills, abilities and operational teaching requirements the final factor for consideration shall be years of service.
- Permanent full and part time instructors.
13.05 The Employer shall give a permanent academic staff member three (3) months’ working notice or pay in lieu of notice that the academic staff member’s position is to be abolished effective immediately. In addition to such working notice or pay in lieu, the academic staff member shall receive severance pay in the amount of one (1) month pay for each full year of service to a maximum of twelve (12) months.
13.06 The rights as set out in Sub-sections 13.06 through 13.13 will be accrued by a permanent academic staff member who:
(a) has more than two (2) years of continuous employment immediately preceding the notice of position abolishment; and
(b) has not elected, in writing, to retire pursuant to 13.07 or resign as outlined in 13.04 (b) and
(c) has the ability to perform the duties and to assume the responsibilities of a comparable position with a comparable salary, or the potential for job training that will enable the employee to perform the duties and to assume the responsibilities of the comparable position. Positions are considered to be comparable when the academic staff member’s qualifications meet the criteria of the comparable position as established by the Dean/Director/Manager, or when the academic staff member can acquire the qualifications by receiving training within the eligible period established in 13.08.
13.07 If eligible, the academic staff member may choose to retire pursuant to the Local Authorities Board Pension Act on the date of termination.
13.08 An academic staff member whose position has been abolished shall be vested with the right to be appointed to the first available comparable position through competition limited to such academic staff members, such vesting to last twelve (12) consecutive months commencing with the first day of the month following the release of the academic staff member. The Employer shall undertake to notify those academic staff members of all such available positions.
13.09 Throughout the application of Section 13.08 academic staff members shall be eligible for comparable positions in order of qualifications and ability, except where two (2) or more academic staff members have relatively equal qualifications and ability, they shall be eligible for positions in order of their seniority.
13.10 An academic staff member who refuses without good and satisfactory reason to accept the comparable position, with the same or a higher maximum salary as the position the academic staff member was in upon position abolishment, shall forfeit all vested rights pursuant to Section 13.08.
13.11 Should an academic staff member be rehired to a comparable permanent position during the twelve consecutive months following termination, the severance paid to the academic staff member under Section 13.05 shall be repaid proportionately to the Employer.
13.12 When probation in the comparable permanent position is unsuccessful pursuant to Sub-section 13.08, the portion of the original severance pay that was repaid by the academic staff member to the Employer will be returned forthwith to the academic staff member.
13.13 Pursuant to Sub-section 13.06(c), expenses shall be paid by the Employer in accordance with current procedures governing the Payment of Subsistence and Travel Allowances.
SECTION 13
POSITION ABOLISHMENT
3.01 Employees may have their positions abolished as a result of a decrease in enrollment in the academic staff member’s area of instruction or the discontinuation or cancellation of a course or program.
13.02 Prior to any position abolishment, the Employer shall notify the President of the Association at least 10 days prior to any notice to impacted employees covered under this collective agreement. During this time frame, a consultation process will convene and the Association President will be provided with the specific school, number of impacted positions, reason for abolishment and rationale for abolishment.
13.03 Corporate Training, continuing education and other such instruction may be used, with mutual agreement, to reduce the number of permanent, full time or part time positions declared redundant if:
- The combination of such instruction can be combined to create an annual workload comparable to those found in Section 36.01
- The impacted Instructor has the qualifications and the demonstrated ability to instruct these classes.
13.04 Except in circumstances beyond the reasonable control of the instructional unit, the following shall be considered prior to any permanent positions in the program being impacted:
- The Employer will release Casual, Temporary and Probationary employees;
- The use of a Voluntary process:
- An academic staff member may volunteer for position abolishment. If the Parties agree, the academic staff member shall enter into an agreement to resign or retire with the provisions as outlined in Section 13.05.
- If more volunteers than positions for abolishment occur, in conjunction with skills, abilities and operational teaching requirements the final factor for consideration shall be years of service.
- Permanent full and part time instructors.
13.05 The Employer shall give a permanent academic staff member three (3) months’ working notice or pay in lieu of notice that the academic staff member’s position is to be abolished effective immediately. In addition to such working notice or pay in lieu, the academic staff member shall receive severance pay in the amount of one (1) month pay for each full year of service to a maximum of twelve (12) months.
13.06 The rights as set out in Sub-sections 13.06 through 13.13 will be accrued by a permanent academic staff member who:
(a) has more than two (2) years of continuous employment immediately preceding the notice of position abolishment; and
(b) has not elected, in writing, to retire pursuant to 13.07 or resign as outlined in 13.04 (b) and
(c) has the ability to perform the duties and to assume the responsibilities of a comparable position with a comparable salary, or the potential for job training that will enable the employee to perform the duties and to assume the responsibilities of the comparable position. Positions are considered to be comparable when the academic staff member’s qualifications meet the criteria of the comparable position as established by the Dean/Director/Manager, or when the academic staff member can acquire the qualifications by receiving training within the eligible period established in 13.08.
13.07 If eligible, the academic staff member may choose to retire pursuant to the Local Authorities Board Pension Act on the date of termination.
13.08 An academic staff member whose position has been abolished shall be vested with the right to be appointed to the first available comparable position through competition limited to such academic staff members, such vesting to last twelve (12) consecutive months commencing with the first day of the month following the release of the academic staff member. The Employer shall undertake to notify those academic staff members of all such available positions.
13.09 Throughout the application of Section 13.08 academic staff members shall be eligible for comparable positions in order of qualifications and ability, except where two (2) or more academic staff members have relatively equal qualifications and ability, they shall be eligible for positions in order of their seniority.
13.10 An academic staff member who refuses without good and satisfactory reason to accept the comparable position, with the same or a higher maximum salary as the position the academic staff member was in upon position abolishment, shall forfeit all vested rights pursuant to Section 13.08.
13.11 Should an academic staff member be rehired to a comparable permanent position during the twelve consecutive months following termination, the severance paid to the academic staff member under Section 13.05 shall be repaid proportionately to the Employer.
13.12 When probation in the comparable permanent position is unsuccessful pursuant to Sub-section 13.08, the portion of the original severance pay that was repaid by the academic staff member to the Employer will be returned forthwith to the academic staff member.
13.13 Pursuant to Sub-section 13.06(c), expenses shall be paid by the Employer in accordance with current procedures governing the Payment of Subsistence and Travel Allowances.