Article 14 - Right of First Refusal

Where the Employer has determined that a particular credit course is to be taught on a sessional basis, an applicant who applies for the position within the official posting period shall enjoy a right of first refusal in connection with it, provided:

1.  
2. 1. (for three (3) credit unit courses)
      The applicant has taught the same three (3) credit unit course or a closely related three (3) credit unit course a minimum of three times in any three terms or four times in any two terms during the past four (4) year period. For the purpose of this provision, the four (4) year period is defined as starting on September 1 and ending forty-eight (48) months later on August 31. (NOTE: Teaching in the current term does not count until the course is completed in accordance with Article 14.05.);
      
      
   2. (for six (6) credit unit courses)
      The applicant has taught the same six (6) credit unit course or a closely related six (6) credit unit course a minimum of three times during the past four-year period. (NOTE: Teaching in the current term does not count until the course is completed in accordance with Article 14.05.);
      
      
   3. (for a combination of closely related six (six) and three (3) credit unit courses)
      The applicant has taught from a set of closely related six and three (3) credit unit courses a minimum of three times in at least three different terms during the past four-year period. However, an applicant may qualify by teaching one (1) six (6) credit unit course and two (2) three (3) credit unit courses in any two (2) terms, providing the three (3) credit unit courses were taught in two (2) different terms. (NOTE: Teaching in the current term does not count until the course is completed in accordance with Article 14.05.);
      
      
   4. (for courses with fewer than three (3) credit units)
      The provisions of Article 14.01 (a) i. will apply.

and

2. The previous teaching was in relation to the same course or a closely related course in the same department (or in the same college in the case of a non-departmentalized college);

and

3. There has been a positive evaluation of the candidate's ability and performance following the final qualifying course specified in (a), and the right of first refusal has been granted. In the event the candidate does not meet the qualifications posted at the time of appointment, the evaluation may also include a review of the candidate's qualifications. Denial of the right of first refusal because of teaching performance must be based on one or more formal teaching assessments. Absence of a regular review as described in Article 18 may be interpreted as a positive assessment of a candidate's performance. If the right of first refusal is denied, the sessional lecturer may file a grievance.
   
   The right of first refusal will apply only to courses offered directly by the University of Saskatchewan, and a credit toward the right of first refusal will be earned when the instructor teaches the course as a member of this bargaining unit or subsequently teaches the course as a member of faculty in a term position at the University of Saskatchewan.

Where the Employer has determined that a particular credit course is to be taught on a sessional basis, an applicant who applies for the position within the official posting period shall be granted a right of first refusal in connection with it, provided:

1. The applicant currently holds right of first refusal for one or more courses in the department offering the course (or in the same college in the case of a non-departmentalized college).

and

2. The applicant has taught the same course or closely related course a minimum of two times in any two terms during the past four-year period. For the purpose of this provision, the four-year period is defined as starting on September 1 and ending forty-eight (48) months later on August 31. (NOTE: Teaching in the current term does not count until the course is completed in accordance with Article 14.05.) In cases where the applicant has met the minimum requirement, the Employer may either grant the right immediately or require the applicant to teach the course one additional time.
   
   Applicants for subsequent right of first refusal who are required to teach the course an additional time will be provided with an explanation in writing, and a copy will be sent to the Union. The applicant will be offered the opportunity to teach the course again, providing it is being taught on a sessional basis and providing there is no other person to whom it should be offered by reason of the right of first refusal or place of residence (as provided in Article 16.05).

and

3. Following the completion of the final qualifying course, there will be an evaluation of the applicant's suitability and performance in relation to the course. In the event the candidate does not meet the qualifications posted at the time of appointment, the evaluation may also include a review of the candidate's qualifications. Denial of the right of first refusal because of teaching performance must be based on one or more formal teaching assessments. Absence of a formal teaching assessment as described in Article 18 may be interpreted as a positive assessment of a candidate's performance. If the right of first refusal is denied, the sessional lecturer may file a grievance.
   
   If the evaluation is positive, the right of first refusal for this course will be granted. In the event the evaluation is not positive, the right of first refusal will be denied.
   
   The right of first refusal will apply only to courses offered directly by the University of Saskatchewan, and a credit toward the right of first refusal will be earned when the instructor teaches the course as a member of this bargaining unit or subsequently teaches the course as a member of faculty in a term position at the University of Saskatchewan.

For courses covered in Article 14.03 Course in Part, where an employee with right of first refusal for one half of a course does not meet the posted qualification requirements for the entire course, another applicant who does meet the posted qualification requirements, may be appointed to teach the entire course. Where such an applicant is appointed, the Employer shall forward to the Union the name of the successful applicant and the rationale for the appointment.

Right of first refusal may be conferred for a part course when the course has distinct parts each requiring a different area of expertise.

The Union and the Employer agree that new or existing courses may encompass subject materials and topics which are closely related in nature allowing sessional lecturers the ability to teach multiple courses.

Sessional lecturers may make individual application to have their ability to teach closely related courses determined during their teaching review or assessment. The Union may direct requests to determine whether courses are "closely related" to the department head (or Dean of non-departmentalized college).

If an applicant disagrees with a department head's decision as to whether courses are "closely related," the decision may be appealed to the Dean of the college. If the applicant disagrees with the Dean's decision, a written appeal may be filed with the Joint Appeals Committee in care of Human Resources. The written appeal must be submitted no later than two (2) weeks from receipt of notice of the Dean's decision.

The Joint Appeals Committee shall consist of two (2) members appointed by the Union and two (2) members by the Employer. The Committee shall determine its own procedures, consider the appeal, and render a decision. Decisions of the Committee shall be binding on both parties and not subject to further appeal unless the Committee's decision results in a tie vote. In the event of a tie vote, the employee may initiate a grievance at Step 2 of the grievance procedure within thirty (30) days of receiving notification of the decision.

These provisions shall also recognize any previous determination of courses to be closely related and right of first refusal previously granted.

1. In order to increase employee awareness of the application procedure for attaining right of first refusal, the Employer shall, on an annual basis, advise employees who have satisfied the teaching requirements for the right of first refusal in the previous twelve (12) months who have not applied, that they are eligible to do so. However, should an employee not be notified by reason of a clerical error or oversight, the omission shall not be grievable and in no case shall it be used as an argument to confer rights under the Collective Agreement.

2. An applicant who seeks the right of first refusal shall apply to the Dean of the college that has jurisdiction over the course. Where conditions (a) and (b) in Article 14.01 or 14.02 have been met, and following the submission of marks for the final qualifying course specified in (a), there will be an assessment of the candidate's overall suitability and performance in relation to the course (See Article 18.). If the application is made prior to the submission of marks, the candidate and the Union will be notified in writing of the outcome of the assessment no later than one (1) month following the submission of marks. If the application is made subsequent to the submission of marks, the assessment will occur no later than one (1) month following the application. If it is positive, the candidate will be granted the right of first refusal in relation to that course when it is taught on a sessional basis. In the event the evaluation is not positive, the right of first refusal will not be granted.
   
   Persons applying for the right of first refusal must submit to the Dean's office a complete history of their teaching experience with the University of Saskatchewan relating to the course(s) for which they are requesting the right of first refusal. Individuals who wish to determine in advance if they have sufficient qualifying credits may submit information concerning their teaching history to Human Resources for verification of their eligibility.

Once the right of first refusal is achieved, the individual must teach the same course or a closely related course at least once during every two (2) years in order to maintain the right. For the purpose of this provision, the two (2) year period is defined as starting on September 1 and ending twenty-four (24) months later on August 31. The individual may apply to the Dean to extend this maintenance period for a maximum of one (1) additional year (from September 1 to August 31) in the following circumstances:

1. Appointment to a faculty position at the University of Saskatchewan or another postsecondary institution;
2. The course is not offered on a sessional basis during the September 1 to August 31 year in question or another person with the right of first refusal was appointed to teach the course;
3. Absence to upgrade academic qualifications;
4. Absence for maternity/parental purposes;
5. Absence to assume a full-time union appointment external to CUPE 3287;
6. Extended illness;
7. Other approved absences; and
8. Appointment(s) within the two (2) year maintenance period to teach another course in the department.

In the event the right of first refusal is not maintained, the individual may apply to the Dean for reinstatement of the right. In such cases, the Employer may either grant the right of first refusal immediately or require the applicant to teach the course one additional time. The applicant will be offered the opportunity to teach the next available section of the course, providing it is being taught on a sessional basis and providing there is no other person to whom it should be offered by reason of the right of first refusal or place of residence (as provided in Article 16.05). Following the completion of the course, there will be an evaluation of the applicant's suitability and performance in relation to the course. If the evaluation is positive, the right of first refusal for this course when it is taught on a sessional basis will be reinstated. In the event the evaluation is not positive, the right of first refusal will not be reinstated.

Note: See Article 19.02 for loss of the right of first refusal as a result of disciplinary action.

The right of first refusal for a course taught in SUNTEP will be distinct from the right of first refusal when the same course is taught in the regular program. Under certain conditions, courses taught on a sessional basis either for SUNTEP or as part of the regular program, may qualify as credits toward establishing, maintaining or reinstating the right of first refusal for both the SUNTEP course and the corresponding course in the regular program. These conditions are as follows:

14.08.01 Establishing the Right of First Refusal for SUNTEP Courses

Where all of the conditions set out in sections (a) and (b) in Article 14.01 or 14.02 have been met, except that some or all of the qualifying credit units were earned while teaching the course in the regular program, the individual may apply for the right of first refusal for the SUNTEP course, but special provisions will apply. In such cases, the Employer may either grant the right immediately or require the applicant to teach the course one (1) additional time as a SUNTEP course. Applicants for the right of first refusal who are required to teach a course an additional time will be provided with an explanation in writing, and a copy will be sent to the Union.

14.08.02 Establishing the Right of First Refusal for Regular Program Courses

Where all of the conditions set out in sections (a) and (b) in article 14.01 or 14.02 have been met, except that some or all of the qualifying credit units were earned while teaching the course as part of SUNTEP, the individual may apply for the right of first refusal for the regular program course, but special provisions will apply. In such cases, the Employer may either grant the right immediately or require the applicant to teach the course one additional time as a regular program course. Applicants for the right of first refusal who are required to teach a course an additional time will be provided with an explanation in writing, and a copy will be sent to the Union.

14.08.03 Evaluation

Applicants who have been asked to teach the course one (1) additional time in accordance with section 1 or 2 above will be offered the opportunity to teach the course, provided it is being taught on a sessional basis as a SUNTEP course or as a regular program course and provided there is no other person to whom it should be offered by reason of the right of first refusal, place of residence (as set out in Article 16.05), or affirmative action placement (as set out in Article 16.06). Following the completion of the course, there will be an evaluation of the applicant's suitability and performance in relation to the course as it is taught in that program. If the evaluation is positive, the right of first refusal will be granted for the course that was specified in the application and evaluated (that is, for the SUNTEP course or for the regular program course). In the event the evaluation is not positive, the right of first refusal will not be granted.

14.08.04 Maintaining and Reinstating the Right of First Refusal

Once the right of first refusal has been granted for a SUNTEP course or for the corresponding regular program course, that right of first refusal may be maintained or reinstated by teaching the course either for SUNTEP or as part of the regular program.

It is expected that sessional lecturers will remain current with developments in their disciplines and on a regular basis will update the subject matter of courses they teach. Departments and colleges will be encouraged to conduct regular reviews of all aspects of the course delivery. In the event there is an individual who has the right of first refusal for a course and it is determined through a formal teaching evaluation process that students are not receiving the quality of instruction expected for the course, the Dean may require the individual to participate in a mentoring program. If, following the completion of the mentoring program, the level of instruction has not improved to an acceptable level, the Dean may revoke the individual's right of first refusal with respect to that course.