GOVERNING DOCUMENTS: STAFF
PROCEDURES:
APPEALS BY ACADEMIC OR SUPPORT STAFF EXCLUDED FROM BARGAINING UNITS
Effective Date:
May 28, 2007
Revised Date:
 
Review Date:
May 28, 2017
Approving Body:
Administration: President
Authority:
Policy: Appeals by Academic or Support Staff Excluded from Bargaining Units
Implementation:
President; Delegated to Vice-President (Administration)
Contact:
Executive Director of Human Resources
Applies to:
Board of Governors members;
Employees: See List

This Procedure applies to the following employee groups excluded from bargaining units as
identified in Procedure: Employee Organizations and Employment Groups:

(a) Executive (Academic and Support Staff);
(b) Academic and Support Staff as Members of the Board of Governors;
(c) Senior Administrative Academic Staff;
(d) Administrative Academic Staff;
(e) Geographic Full-Time Staff;
(f) Sessional Professional Academic Staff;
(g) Research Academic Staff;
(h) Other Academic Staff;
(i) Excluded Management, Administrative and Professional Staff;
(j) Medical Practitioners and Administrators;
(k) Out of Province Support Staff;
(l) Excluded Student Support Staff.


1.0 Reason for Procedures

To set out the Procedures secondary to the Policy entitled Appeals by Academic or
Support Staff Excluded from Bargaining Units.

2.0 Procedures

2.1 Prior to initiating a formal appeal regarding a supervisory decision, a staff member is
encouraged to contact a Human Resource Consultant from Human Resources with
questions or concerns about the supervisory decision. A "supervisory decision"
includes any discretionary act or omission by one or more persons having and
exercising authority over a staff member. For greater certainty, it does not include:

a) any act or omission of the Board of Governors or Senate; or
b) failure to re-appoint or to grant tenure, extend a term appointment or any
action to discontinue a position or terminate employment.

If the staff member remains concerned about the matter he/she shall make all
reasonable efforts to discuss his/her concerns with his/her supervisor. Such
discussions shall be held as soon as possible following the event giving rise to the
concern. In the event that the discussions do not resolve the matter to the satisfaction
of the staff member, he/she may initiate a formal appeal at the first step of the appeal
procedure.

2.2 Step 1

2.2.1 Within twenty (20) working days of the event or supervisory decision giving rise
to the concern, the staff member shall provide a written appeal which sets out:

(a) the administrative action which is the subject of the appeal;
(b) the action taken to date:
(c) the manner in which the staff member feels he or she is
adversely or personally affected; and
(d) the remedial action proposed.

2.2.2 An extension of the deadlines to file an appeal may be possible by contacting a
Staff Relations Officer from Human Resources.

2.2.3 The staff member shall deliver the written appeal to his or her immediate
supervisor with a copy sent to Human Resources, c/o Staff Relations Officer.
Prior to responding to the appeal the supervisor shall consult with a Staff
Relations Officer, Human Resources. The supervisor shall reply in writing to the
staff member who submitted the appeal within five (5) working days of the
receipt of the written appeal. Copies of the reply shall be sent to the Staff
Relations Officer.

2.3 Step 2

2.3.1 If the staff member is not satisfied with the written decision rendered by the
supervisor, the staff member may within three (3) working days from the receipt
of the written decision of the supervisor, submit a written appeal to the Executive
Director of Human Resources. The Executive Director will arrange a meeting
with the staff member, the appropriate Vice-President or his/her designate and
any other appropriate participants. The employee may wish to have the
assistance of a Human Resources Consultant or another University staff
member at the meeting. The purpose of the meeting shall be to inform the
appropriate Vice-President so that a final and binding decision can be made. All
persons attending the meeting shall receive a copy of the decision of the
appropriate Vice-President.

2.3.2 No person may hear an appeal at this stage if he/she has been involved, either
directly or indirectly, with the decision under appeal.

3.0 Accountability

3.1 University Secretary is responsible for advising the President that a formal review of this
Procedure is required.

3.2 The Executive Director of Human Resources is responsible for the communication,
administration and interpretation of this policy.

4.0 Review

4.1 Formal Procedure reviews will be conducted every ten (10) years. The next scheduled
review date for this Procedure is May 28, 2017.

4.2 In the interim, these Procedures may be revised or rescinded if:

(a) the Vice-President (Administration) or the President deems
necessary; or
(b) the relevant Policy is revised or rescinded.

5.0 Effect on Previous Statements

5.1 These Procedures supersede the following:

(a) all previous Board/Senate Procedures, and resolutions on the
subject matter contained herein;
(b) all previous Administration Procedures, and resolutions on the
subject matter contained herein;
(c) Policy 1106 Grievances (dated May 17, 1977);
(d) Policy 713 Grievance Bylaw (dated April 14, 1987); and
(e) Bylaw 25.00 Grievance Bylaw (undated).

6.0 Cross References

Cross referenced to:

Policy: Appeals by Academic or Support Staff Excluded from Bargaining Units