Article 28 – Transfer of Employees

This Article covers the procedures to be followed when employees are transferred to another unit as the result of the processes identified in Article 28.3 or at an employee's request.

For the purpose of this Article, the term "unit" shall be used to mean department, College, or parts of a department or College but does not include Library departments. The provisions of this Article do not alter the provisions of Article 29.

The parties recognize that the reorganization of academic units including the creation, conversion, amalgamation or dissolution of departments and Colleges must be formally approved by Council.

Affected employees shall indicate in which one or more units they consider themselves to be qualified for appointment, and shall state their preferences. The Dean of the College (or Deans if more than one College is involved), shall, after consultation with each employee, assign each employee to a unit, taking qualifications and preferences into account and subject to the provisions of Article 11.

Employees, when transferred to their new units, shall retain their existing seniority, salary, sabbatical entitlements, and all other negotiated benefits and reasonable accommodations.

Employees holding tenure or having been awarded tenure at the time of the transfer shall hold tenure or be awarded tenure in the unit to which they are being transferred.

Employees holding a probationary appointment at the time of transfer shall continue on probation in the unit to which they are transferred, and all probationary time served in the original unit shall count towards the probationary period in the new unit. The tenure standards to be applied shall be those which applied at the time of appointment, unless the employee requests, and the Joint Committee for the Management of the Agreement approves, the application of standards for the unit into which the employee is transferred.

Employees appointed to probationary appointments on or after the date of reorganization shall be subject to the department and/or College standards in effect at the time of their appointments. Employees reappointed to a tenurable position shall be credited for service within the unit in which they were originally appointed, in accordance with Article 13.7.

Employees appointed prior to the date of reorganization, and who are eligible to be considered for promotion during the first or second years following their transfer shall declare, within two months of the date of transfer, whether they wish (1) the standards of their former unit or (2) the standards of the unit into which they are transferred to be applied. If no standards exist for that unit at the time of transfer, employees shall declare, within two months of the date of transfer, whether they wish (1) the standards of their former unit; or (2) the standards of the College and University to be applied. The standards selected by the employee shall be confirmed in writing by the Dean and shall be applied during the initial consideration of the employee's promotion in the new department. If promotion is not granted, Article 28.10 shall apply.

For employees becoming eligible for promotion in the third or subsequent years following transfer, or employees who had requested deferral, the promotion standards to be applied shall be the standards in effect in the unit into which the employee is transferred. If no standards exist for that unit, employees shall declare, within two months of the date of transfer, whether they wish

1. the standards of their former unit; or
2. the standards of the College and University to be applied.

The standards selected by the employee shall be confirmed in writing by the Dean and shall continue to apply until departmental (and/or College) standards are approved prior to the academic year in which the review takes place.

Employees with term or without term or with continuing status whose appointments continue beyond the date of reorganization shall continue in the same status in the units to which they are transferred.