25.01 The Employer recognises the Association as the exclusive
bargaining agent for all employees described in the certificate issued by the
Public Service Staff Relations Board on the twenty-fourth day of May, 1991,
covering employees of the Employer in the University Teaching Group.
25.02 The Employer recognises that it is a proper function and a right
of the Association to bargain with a view to arriving at a collective agreement
and the Employer and the Association agree to bargain in good faith, in
accordance with the provisions of the Public Service Labour Relations Act.
26.01 The parties acknowledge the mutual benefits to be derived from
joint consultation and will consult on matters of mutual interest.
26.02 The subjects that may be determined as appropriate for joint
consultation will be by mutual agreement of the parties. Consultation will be at
the college or national level as determined by the parties.
26.03 Wherever possible, the Employer shall consult with
representatives of the Association at the appropriate level about contemplated
changes in conditions of employment or working conditions not governed by this
Agreement.
26.04 Joint consultation committees shall be composed of mutually
agreed numbers of UTs and Employer representatives who shall meet at mutually
satisfactory times.
26.05 Joint consultation committee meetings shall ordinarily be held
on the Employer's premises during working hours. Normally the meetings will be
held at the request of either party. Representatives of the parties will
normally exchange a written agenda for the meeting not less than five (5)
calendar days in advance of each meeting.
26.06 Joint consultation committees are prohibited from agreeing to
items which would alter any provision of this Agreement.
Access by an Association Representative
27.01 An accredited representative of the Association and of the
Canadian Association of University Teachers or the Collective Bargaining
Co-operative may be permitted access to the Employer's premises on stated
Association business and to attend meetings called by management. Permission to
enter the premises shall be obtained from the Employer. The Association shall
provide the Employer with a list of such representatives and shall advise
promptly of any change made to the list.
Bulletin Boards
27.02 Reasonable space on bulletin boards will be made available to
the bargaining agent for the posting of official notices, in convenient
locations as determined by the Employer and the Association. Notices or other
material shall require the prior approval of the Employer, except notices
relating to the business affairs of the Association and social and recreational
events. Such approval shall not be unreasonably withheld. The Employer shall
have the right to refuse the posting of any information which it considers
adverse to its interests or to the interests of any of its representatives.
Association Literature
27.03 The Employer will make available to the Association a specific
location on its premises for the storage and placement of a reasonable quantity
of Association files and literature.
28.01 The Employer will as a condition of employment deduct an amount
equal to the amount of the membership dues from the monthly pay of all UTs in
the bargaining unit.
28.02 The Association shall inform the Employer in writing of the
authorized monthly deduction to be checked off for each UT defined in clause
28.01.
28.03 For the purpose of applying clause 28.01, deductions from pay
for each UT in respect of each month will start with the first (1st)
full month of employment to the extent that earnings are available.
28.04 A UT who satisfies the Employer to the extent that he or she
declares in an affidavit that he or she is a member of a religious organization
whose doctrine prevents him or her as a matter of conscience from making
financial contributions to an employee organization and that he or she will make
contributions to a charitable organization registered pursuant to the Income
Tax Act, equal to dues, shall not be subject to this Article, provided that
the affidavit submitted by the UT is countersigned by an official representative
of the religious organization involved. A copy of the affidavit will be provided
to the Association.
28.05 No employee organization, as defined in Section 2 of the Public
Service Labour Relations Act, other than the Association, shall be permitted
to have membership dues and/or other monies deducted by the Employer from the
pay of UTs in the bargaining unit.
28.06 The amounts deducted in accordance with clause 28.01 shall be
remitted to the Association by cheque within a reasonable period of time after
deductions are made and shall be accompanied by particulars identifying each UT
and the deductions made on his or her behalf.
28.07 The Employer agrees to continue the past practice of making
deductions for other purposes on the basis of the production of appropriate
documentation.
28.08 The Association agrees to indemnify and save the Employer
harmless against any claim or liability arising out of the application of this
Article, except for any claim or liability arising out of an error committed by
the Employer, in which case the liability shall be limited to the amount of the
error.
28.09 When it is mutually acknowledged that an error has been
committed, the Employer shall endeavour to correct such error within the two (2)
pay periods following the acknowledgement of error.
28.10 Where a UT does not have sufficient earnings in respect of any
month to permit deductions under this Article the Employer shall not be
obligated to make such deductions for that month from subsequent salary.
29.01 The Employer acknowledges the right of the Association to
appoint representatives from among the members of the bargaining unit.
29.02 The Employer and the Association shall, by mutual agreement,
determine the number of representatives entitled to time off or leave under this
Article or Article 33, Leave for Staff Relations Matters.
29.03 The Association shall inform the Employer promptly and in
writing of the names, titles and functions of its representatives and of any
subsequent changes.
Leave for Representatives
29.04 Operational requirements permitting, the Employer shall grant
leave with pay to a UT to enable him or her to carry out his or her functions as
a representative on the Employer's premises. When the discharge of these
functions require a UT who is a representative to leave his or her normal place
of work, upon return the UT shall report to his or her supervisor whenever
practicable.
30.01 The Employer agrees to supply the Association biannually with a
list of all UTs in the bargaining unit. The list referred to herein shall
include each UT's name; faculty department; classification level and appointment
date; employment status (full time or part time); and work address. The list
shall be provided on or before the 15th of February and the 15th
of October each year. The Employer agrees to provide any amendments to the above
as soon as possible.
30.02 The Employer agrees to supply each UT with a copy of the
Collective Agreement and any amendments thereto.
30.03 Upon the written request of a UT, the Employer shall make
available at a mutually satisfactory time National Joint Council agreements
which have a direct bearing on the requesting UT's terms and conditions of
employment.
31.01 In cases of alleged misinterpretation or misapplication arising
out of agreements concluded by the National Joint Council of the Public Service
on items which may be included in a collective agreement and which the parties
to this Agreement have endorsed, the grievance procedure will be in accordance
with Section 14 of the NJC By-Laws.
31.02 The parties recognise the value of informal discussion between
UTs and their supervisors to the end that problems might be resolved without
recourse to a formal grievance. When a UT, within the time limits prescribed in
clause 31.09, gives written notice of intent to take advantage of this clause,
it is agreed that the period between the initial notice and the final written
response shall not count as elapsed time for the purpose of grievance time
limits.
31.03 A UT who wishes to present a grievance at any prescribed step in
the grievance procedure shall transmit this grievance to the immediate
supervisor or official designated under clause 31.07 who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to
deal with grievances at the appropriate step;
and
(b) provide the UT with a receipt stating the date on which the grievance was
received.
31.04 A grievance of a UT shall not be deemed to be invalid by reason
only of the fact that it is not in accordance with the form supplied by the
Employer.
31.05 Subject to and as provided in Section 91 of the former Public
Service Staff Relations Act, a UT who feels unjustly treated or aggrieved by
an action or lack of action by the Employer in matters other than those arising
from the classification process is entitled to present a grievance in the manner
prescribed in clause 31.03, except:
(a) where there is another administrative procedure provided by or under any
act of Parliament to deal with the specific complaint, such procedure must be
followed;
and
(b) where the grievance relates to the interpretation or application of this
Collective Agreement or an Arbitral Award, the UT is not entitled to present the
grievance without the approval and representation of the Association.
31.06 There shall be no more than a maximum of four (4) steps in the
grievance procedure. These steps shall be as follows:
(a) Step 1 - first level of management;
(b) Steps 2 and 3 where such intermediate step(s) are established;
(c) Final Step - deputy head or authorized representative.
31.07 The Employer shall designate a representative at each step in
the grievance procedure and shall inform each UT to whom the procedure applies
of the name or title of the person so designated together with the name or title
and address of the immediate supervisor or other official to whom a grievance is
to be presented.
This information shall be communicated to UTs by means of notices posted by
the Employer in places where such notices are most likely to come to the
attention of UTs to whom the grievance procedure applies, or otherwise as
determined by agreement between the Employer and the Association.
31.08 If so desired, a UT may be assisted and/or represented by the
Association when presenting a grievance at any step. The Association shall have
the right to consult with the Employer with respect to a grievance at each or
any step of the grievance procedure.
31.09 A UT may present a grievance at the first step of the procedure
in the manner prescribed in clause 31.03, not later than the twenty-fifth (25th)
day after the date on which the UT is notified orally or in writing or first
becomes aware of the action or circumstances giving rise to the grievance.
31.10 A UT may present a grievance at each succeeding step in the
grievance procedure beyond the first (1st) step either:
(a) where the decision or settlement is not satisfactory, within ten (10)
days after that decision or settlement has been conveyed in writing by the
Employer;
or
(b) where the Employer has not conveyed a decision within the time prescribed
in clause 31.11, within fifteen (15) days after the presentation of the
grievance at the previous step.
31.11 The Employer shall normally reply to a UT's grievance at any
step of the grievance procedure, except the final step, within ten (10) days
after the grievance is presented and within twenty (20) days if the grievance is
presented at the final step.
31.12 Where a UT has been represented by the Association in the
presentation of a grievance, the Employer will provide the appropriate
representative of the Association with a copy of the Employer's decision at each
step of the grievance procedure at the same time that the Employer's decision is
conveyed to the UT.
31.13 Where a grievance has been presented up to and including the
final step in the grievance process and the grievance is not one that may be
referred to adjudication, the decision on the grievance taken at the final step
in the grievance process is final and binding and no further action may be taken
under the Public Service Labour Relations Act.
31.14 In determining the time within which any action is to be taken
as prescribed in this procedure, Saturdays, Sundays and designated paid holidays
shall be excluded.
31.15 Where the provisions of clause 31.03 cannot be complied with and
it is necessary to present a grievance by mail, the grievance shall be deemed to
have been presented on the day on which it is postmarked and it shall be deemed
to have been received by the Employer on the day it is delivered to the
appropriate office. Similarly, the Employer shall be deemed to have delivered a
reply at any step on the date on which the letter containing the reply is
postmarked. The time limit within which the grievor may present the grievance at
the next higher step shall be calculated from the date on which the Employer's
reply was delivered to the address shown on the grievance form.
31.16 The time limits stipulated in this procedure may be extended by
mutual agreement between the Employer and the UT and where appropriate the
Association representative, except as provided in clause 31.18.
31.17 Where it appears that the nature of the grievance is such that a
decision cannot be given below a particular step of authority, any or all the
steps except the final step may be eliminated by agreement of the Employer and
the UT and, where applicable, the Association.
31.18 Where the Employer demotes or terminates the employment of a UT
for cause, pursuant to paragraphs 12(1)(c) or 12(1)(e) and (d) of the Financial
Administration Act, the grievance procedure set forth in this Agreement
shall apply except that:
(a) the grievance may be presented at the final step only;
and
(b) the twenty (20) day time limit within which the Employer is to reply at
the final step may be extended to a maximum of forty (40) days by mutual
agreement of the UT, the Employer and, where applicable, the appropriate
representative of the Association.
31.19 A UT may by written notice to his immediate supervisor or
designated official abandon a grievance.
31.20 A UT who fails to present a grievance to the next higher step
within the prescribed time limits shall be deemed to have abandoned the
grievance unless, due to circumstances beyond the UT's control, compliance
within the prescribed time limits was not possible.
31.21 No person shall seek by intimidation, by threat of dismissal or
by any other kind of threat to cause a UT to abandon a grievance or refrain from
exercising the right to present a grievance as provided in this Collective
Agreement.
31.22 Where a UT has presented a grievance up to and including the
final step in the grievance procedure with respect to:
(a) the interpretation or application in respect of the UT of a provision of
this Collective Agreement or related Arbitral Award;
or
(b) disciplinary action resulting in suspension or a financial penalty;
or
(c) demotion or termination of employment for cause pursuant to paragraphs
12(1)(c), 12(1)(d) or 12(1)(e) and 12(3) of the Financial Administration Act;
and the grievance has not been dealt with to the UT's satisfaction, the
grievance may be referred to adjudication in accordance with the provisions of
the Public Service Labour Relations Act and Regulations.
31.23 Where a grievance that may be presented by a UT to adjudication
is a grievance relating to the interpretation or application in respect of the
UT of a provision of this Agreement or an Arbitral Award, the UT is not entitled
to refer the grievance to adjudication unless the Association signifies in
prescribed manner:
(a) its approval of the reference of the grievance to adjudication;
and
(b) its willingness to represent the UT in the adjudication proceedings.
32.01 Agreements concluded by the National Joint Council (NJC) of the
Public Service on items which may be included in a collective agreement, and
which the parties to this Agreement have endorsed after December 6, 1978, will
form part of this Collective Agreement, subject to the Public Service Labour
Relations Act (PSLRA) and any legislation by Parliament that has been or may
be established pursuant to any act specified in Section 113 of the PSLRA.
32.02 The NJC items which may be included in a collective agreement
are those items which parties to the NJC agreements have designated as such or
upon which the chairman of the Public Service Labour Relations Board has made a
ruling pursuant to clause (c) of the NJC Memorandum of Understanding which
became effective December 6, 1978.
**
32.03 The following directives, policies or regulations, as amended
from time to time by National Joint Council recommendation and which have been
approved by the Treasury Board of Canada, form part of this Collective
Agreement:
(1) Foreign Service Directives
(2) Government Travel and Living Accommodations Directive
(3) Isolated Posts and Government Housing Directive
(4) Memorandum of Understanding on Definition of Spouse
(5) Integrated Relocation Directive
(6) Commuting Assistance Directive
(7) Bilingualism Bonus Directive
(8) Public Service Health Care Plan Directive
(9) Uniforms Directive
(10) Work Force Adjustment Directive
Occupational Safety and Health
(11) Boiler and Pressure Vessels Directive
(12) Hazardous Substances Directive
(13) Electrical Directive
(14) Elevating Devices Directive
(15) First Aid Safety and Health Directive
(16) First Aid Allowance Directive
(17) Tools and Machinery Directive
(18) Hazardous Confined Spaces Directive
(19) Materials Handling Safety Directive
(20) Motor Vehicle Operations Directive
(21) Noise Control and Hearing Conservation Directive
(22) Personal Protective Equipment and Clothing Directive
(23) Pesticides Directive
(24) Elevated Work Structures Directive
(25) Use and Occupancy of Buildings Directive
(26) Sanitation Directive
(27) Refusal to Work Directive
(28) Committees and Representatives Directive
During the term of this Collective Agreement, other directives, policies or
regulations may be added to the above noted list.
Grievances in regard to the above directives, policies or regulations shall
be filed in accordance with clause 31.01 of the Article on grievance procedure
in this Collective Agreement.
Complaints Made to the Public Service Labour Relations Board Pursuant to
Section 23 of the former Public Service Staff Relations Act
33.01 When operational requirements permit, the Employer will grant
leave with pay:
(a) to a UT who makes a complaint on his or her own behalf before the Public
Service Labour Relations Board;
and
(b) to a UT who acts on behalf of a UT making a complaint, or who acts on
behalf of the Association making a complaint.
Applications for Certification, Representations and Interventions With
Respect to Applications for Certification
33.02 Where operational requirements permit, the Employer will grant
leave without pay:
(a) to a UT who represents the Association in an application for
certification or in an intervention;
and
(b) to a UT who makes personal representations with respect to a
certification.
UT Called as a Witness
33.03 The Employer will grant leave with pay:
(a) to a UT called as a witness by the Public Service Labour Relations Board;
and
(b) where operational requirements permit, to a UT called as a witness by a
UT or the Association.
Arbitration Board, Public Interest Commission Hearings and Alternative
Dispute Resolution Process
33.04 Where operational requirements permit, the Employer will grant
leave with pay to a UT representing the Association before an Arbitration Board,
Public Interest Commission or an Alternative Dispute Resolution Process.
UT Called as a Witness
33.05 The Employer will grant leave with pay to a UT called as a
witness by an arbitration board or public interest commission and, where
operational requirements permit, leave with pay to a UT called as a witness by
the Association.
Adjudication
33.06 Where operational requirements permit, the Employer will grant
leave with pay to a UT who is:
(a) a party to an adjudication;
(b) the representative of a UT who is a party to an adjudication;
or
(c) a witness called by a UT who is party to an adjudication.
Meetings During the Grievance Process
UT Presenting Grievance
33.07 Where operational requirements permit, the Employer will grant
to a UT:
(a) where the Employer originates a meeting with the UT who has presented the
grievance, leave with pay when the meeting is held in the headquarters area of
such UT and on duty status when the meeting is held outside the headquarters
area of such UT;
and
(b) where a UT who has presented a grievance seeks to meet with the Employer,
leave with pay to the UT when the meeting is held in the headquarters area of
such UT and leave without pay when the meeting is held outside the headquarters
area of such UT.
UT Who Acts as Representative
33.08 Where a UT wishes to represent at a meeting with the Employer a
UT who has presented a grievance, the Employer will, where operational
requirements permit, grant leave with pay to the representative when the meeting
is held in the headquarters area of such UT and leave without pay when the
meeting is held outside the headquarters area of such UT.
Grievance Investigations
33.09 Where a UT has asked or is obliged to be represented by the
Association in relation to the presentation of a grievance and a UT acting on
behalf of the Association wishes to discuss the grievance with that UT, the UT
and the representative of the UT will, where operational requirements permit, be
given reasonable leave with pay for this purpose when the discussion takes place
in the headquarters area of such UT and leave without pay when it takes place
outside the headquarters area of such UT.
Contract Negotiations Meetings
33.10 Where operational requirements permit, the Employer will grant
leave without pay to a UT for the purpose of attending contract negotiations
meetings on behalf of the Association.
Preparatory Contract Negotiations Meetings
33.11 Where operational requirements permit, the Employer will grant
leave without pay to a UT to attend preparatory contract negotiations meetings.
Meetings Between the Association and Management
33.12 Where operational requirements permit, the Employer will grant
leave with pay to a UT to attend meetings with management on behalf of the
Association.
Association Executive Meetings and Conventions
33.13 Where operational requirements permit, the Employer will grant
leave without pay to a UT to attend executive meetings and conventions of the
Association.
Representatives Training Courses
33.14 Where operational requirements permit, the Employer will grant
leave without pay to UTs appointed as representatives by the Association, to
undertake training sponsored by the Association related to the duties of a
representative.
34.01 A UT may be disciplined only for just and reasonable cause.
34.02 Investigations of matters which may give rise to disciplinary
action shall be initiated within thirty (30) days of the date on which the
Employer knew or ought to have known of such matters, and shall be carried out
expeditiously. Except for action taken under Article 35, any disciplinary action
shall be imposed within thirty (30) days of the date the Employer completes its
investigation of the matter-giving rise to the discipline.
34.03 When a UT is suspended from duty, the Employer shall notify the
employee in writing of the reason for such suspension. The Employer shall make
reasonable efforts to provide such notification at the time of suspension.
34.04 The Employer shall notify the Association that such suspension
has occurred.
34.05 When a UT is required to attend a meeting, the purpose of which
is to render a disciplinary decision concerning him/her, the UT is entitled to
have, at his/her request, a representative of the Association at the meeting.
When practicable, the UT shall receive a minimum of one (1) day's notice of such
a meeting.
34.06 The Employer agrees not to introduce as evidence in a hearing
relating to disciplinary action any document from the personnel file of a UT the
content of which the UT was not aware at the time of filing or within a
reasonable period thereafter.
34.07 Any document or written statement related to disciplinary
action, which may have been placed on the personnel file of a UT, shall in the
case of a verbal or written reprimand be destroyed after two (2) years have
elapsed since the disciplinary action was taken, provided that no further
disciplinary action has been recorded in this period. In all other cases
documents shall be destroyed after four (4) years have elapsed since the
disciplinary action was taken and no further disciplinary action, other than a
verbal or written reprimand, has been recorded during this period.
ARTICLE 35
TERMINATION FOR FAILURE TO ADEQUATELY PERFORM ACADEMIC DUTIES
35.01 Where the Principal is satisfied that there may be adequate
cause to justify his/her recommendation that a UT be terminated on grounds that
the UT has failed to adequately perform his/her academic duties, the Principal
will inform the UT and the Association by registered mail that the College
intends to hold an investigation by committee in order to determine if adequate
cause exists for recommending termination to the appropriate authority. The
letter will clearly state what apparent action or lack of action on the part of
the UT the committee will investigate.
35.02 The committee will be established consisting of one of the two
senior indeterminately employed faculty members of the College who are chosen
annually by the teaching faculty of Faculty Board to be Chairpersons of such
committees, a faculty member selected by the Principal and a faculty member
selected by the affected faculty member. The chairperson of the committee will
be that faculty member selected by Faculty Board.
35.03 The affected UT, and a representative of the Association if the
UT should so choose, will appear before the committee.
35.04 The committee will prepare a report including a recommendation.
If the committee determines that adequate cause for termination action exists,
the report will include a recommended effective date.
35.05 The report shall be made to the Principal and copies will be
made available immediately to the Commandant, the UT concerned and the
Association. The Principal shall notify the UT concerned if any action is being
taken by the College within fifteen (15) working days, except where
circumstances warrant a further delay, in which case the UT shall be advised
within fifteen (15) working days of the further delay, and the reasons for such
delay. If no action is taken by the College, reference to any contemplated
action shall be removed or deleted from CMC files.
36.01 The Parties agree that misconduct in research as defined herein
may be the subject of discipline.
36.02 Misconduct in research is defined as:
(a) fabrication, falsification or plagiarism, but does not included those
factors intrinsic to the process of academic research, such as honest error,
conflicting data or differences in interpretation or assessment of data or of
experimental design;
(b) material failure to comply with relevant federal or provincial
regulations for the protection of researchers or human subjects, for the health
and safety of the public, or for the welfare of laboratory animals;
(c) material failure to meet other legal requirements that relate to the
conduct of research;
(d) failure to reveal any material conflict of interest to the sponsors or to
those who commission work or when asked to undertake reviews of research grant
applications or manuscripts for publication, or to test products for sale or
distribution to the public;
or
(e) failure to reveal to the CMC any material financial interest in a company
that contracts with the CMC to undertake research, particularly research
involving the company's products, or to provide research related materials or
services. Material financial interest means ownership, substantial stock
holding, a directorship, significant honoraria or consulting fees, but does not
include minor stock holding in publicly traded corporations.
36.03 Discipline for misconduct in research shall only be imposed
following the formal investigation process set out in this Article. Allegations
of misconduct in research shall result in an investigation only if:
(a) such allegations are not anonymous and are referred to the Principal;
(b) the Principal determines that the allegations have sufficient substance
to warrant investigation;
(c) the UT named in the allegations has been provided with notice and a
summary thereof sufficiently detailed to permit him/her a fair opportunity to
respond;
and
(d) the notice in paragraph (c) shall advise the UT concerned of his/her
right to be represented by the Association.
Where allegations do not result in an investigation, all records relating to
those allegations which are in the possession of the Employer shall be
destroyed.
36.04 The formal investigation process commences when the individual
named in the allegations has received the notice referred to in 36.03(d). A UT
who is an authorized representative of the Association may be present at any
meeting involving the individual named in the allegations during the course of
the formal investigation. Any statements made by the individual named in the
allegations during these meetings shall be strictly without prejudice.
36.05 The Principal or his/her nominee(s) shall investigate the
allegations promptly, fairly and in a confidential manner, ensuring that the
individual named in the allegations has adequate opportunity to know all
evidence presented and to respond to that evidence.
36.06 The parties agree that grievances involving disciplinary action
for misconduct in research shall, at the discretion of the grievor, proceed
directly to the final stage of the grievance process.
36.07 If the Principal decides after formal investigation not to
proceed against the individual named in an allegation or if the adjudication
decides in favour of the individual, the Employer shall remove all relevant
documentation from the UT's file and shall, at the sole discretion of the UT,
destroy the documentation or transfer it to the UT except that it shall retain
any adjudication report which shall be a public document. A decision by the
Principal not to proceed shall be communicated in writing to the UT.
37.01 Upon written request of a UT, the personnel file of that UT
shall be made available twice (2) per year for examination by the UT in the
presence of an authorized representative of the Employer.
37.02 No anonymous material, except for statistical data, concerning
any UT shall be kept by the Employer nor shall be submitted as evidence in any
subsequent proceeding involving any UT.
37.03 A UT shall have the right to place in his/her personnel file a
written reply to any document in his/her personnel file, which reply shall be
attached to that document.
37.04 A UT shall have the right to obtain at no charge from the
Employer a copy of any document in his/her personnel file.
37.05
(a) When a formal assessment of a UT's performance is made, the UT concerned
must be given an opportunity to sign the assessment form in question upon its
completion to indicate that its contents have been read. A copy of the
assessment will be provided to him/her at that time. A UT's signature on his/her
assessment form will be considered to be an indication only that its contents
have been read and shall not indicate his/her concurrence with the statements
contained in the form.
(b) The Employer's representative(s) who assess a UT's performance must have
been aware of the UT's performance for at least one-half (1/2) of the period for
which the UT's performance is evaluated.
37.06
(a) Prior to a performance review the UT concerned shall be given:
(i) the evaluation form which will be used for the review;
and
(ii) any written document which provides instruction to the person
conducting the review.
(b) If, during the performance review, either the form or instructions are
changed, they shall be given to the UT concerned.
37.07 Evaluation of the work of UT's solicited in confidence from
external references shall be retained by the Employer, but not placed in the
personnel file. The texts of such letters, with letterhead and signature block
removed, shall be placed in the personnel file of the UT and are not anonymous
material for the purposes of this article.
38.01 This Agreement may be amended by mutual consent of the parties.
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