Article 35 – Employees in the College of Medicine - Funded by College of Medicine Funds

The University of Saskatchewan Faculty Association (henceforth "Association") and the University (henceforth "Employer") acknowledge that, under the terms of the Saskatchewan Labour Relations Board decision dated July 11, 2001, all full time employees in the College of Medicine holding academic appointments are members of the bargaining unit represented by the Association. It is agreed that, upon ratification of this agreement, the terms and conditions of the 2001-2002 Collective Agreement between the Association and the Employer, as amended from time to time, shall apply to those full-time employees previously designated ╘without term' in the College of Medicine (henceforth "employees") with the modifications that are included in this Article. Similarly, the Collective Agreement with the modifications included in this Article shall also apply to any new full-time employees hired into limited term and continuing status positions in the College of Medicine, whose academic component of salary is funded from sources other than the University Operating Budget.

For the purpose of interpreting Article 35, the following definitions shall apply:

35.2.1

Academic Component of Salary means the base salary that is provided in accordance with the salary scales set out in Article 18.3 and adjusted by increases provided by Article 18.2.2. For full-time employees in the College of Medicine whose base salaries are supported by and dependent upon funds external to the Operating Budget of the University, the academic component of salary shall be exclusive of pensions, clinical or market stipends (except those awarded in accordance with Article 18.8), benefits and other clinical earnings and fees received.

35.2.2

Continuing status in the College of Medicine means the appointment of an employee to a full-time continuing position in the College of Medicine. It shall be restricted to those faculty whose academic component of salary is supported by and dependent upon funds external to the Operating Budget of the University and whose appointment is not for a limited term. Such appointment shall continue subject only to the provisions of Articles relating to resignation (Article 23), retirement (Article 24), severance (Article 29 as modified by Article 35.10), and discipline (Article 31). The probationary period for such employees shall be consistent with the probationary period for the appropriate rank.

35.2.3

College of Medicine funds referenced in this Article shall mean funds from sources other than the University Operating Budget that are responsible for positions set out in Article 35.1.

Articles 14, 15, 16, 17 and 20 shall apply to all employees holding continuing status in the College of Medicine except that the word "tenure" shall be replaced by the words "continuing status". Continuing status employees shall be eligible to participate in collegial committees and have their renewal, continuing status, promotion, salary review and sabbatical leave cases heard by the collegial committees.

The academic component of salaries for positions described in Article 35.1 shall be paid from College of Medicine funds. Clinical earnings and professional fees received by faculty members in the College of Medicine may be used to support these positions.

35.4.1 Special Increases

The provisions of Article 17 and 18 shall apply and Special Increases for employees funded by College of Medicine funds will be included in the allocations specified in Article 18.2.4.2 but funded from College of Medicine Funds.

Employees with continuing status in the College of Medicine shall be eligible for appointment as Department Head as described in Article 13.6.

35.6 Sabbatical Leaves

Continuing status employees in the College of Medicine identified in Article 35.1 shall be eligible for sabbatical leaves as provided for under Article 20, except that the word "tenure" shall be replaced by the words "continuing status". For purposes of Article 20, "regular salary" shall be considered to refer to the academic component of the salary of an employee with continuing status.

The provisions of Article 21 shall apply except that funding for leaves for continuing status employees shall be provided from College of Medicine funds. For leaves with pay, funding shall only be provided for the academic component of salary.

The provisions of Article 22 shall apply except that premiums for continuing status and eligible limited term employees, paid from sources other than the University Operating Grant, shall be added to the fixed levels established in Articles 22.14 and 22.16. The Employer's share of premium costs for these and other benefits including pension contributions shall be paid from College of Medicine funds.

Subject to agreement with the employee pursuant to Article 25.3 or 25.4, the ownership of any intellectual property other than copyrighted materials shall be determined by the terms of any third party grant or contract that provided funding to carry out the research that led to the development of the intellectual property.

The provisions of Article 29 shall apply except where otherwise indicated and any payment made in accordance with this Article shall be based solely on the academic component of salary.

35.10.1

The following wording shall be substituted for Article 29.5.2 and 29.6: Partial redundancy may be deemed to occur when the College of Medicine's external funding for a program or project is severely reduced or eliminated and shall only apply to continuing status positions. The following provisions shall apply for partial redundancy.

1. a grievance in the case of layoff for reason of partial redundancy shall be subject to the same limitations as in the case of tenure (Article 15.17);
2. before any employees are laid off, the Employer shall determine whether some or all layoffs could be avoided by:
   1. economizing on other areas of expenditure in the College of Medicine;
   2. transfer to another academic program as specified in Article 29.9;
   3. retraining as specified in Article 29.10;
   4. early retirement as specified in Article 29.11;
3. employees in a discontinued program or project shall be subject to layoff due to a Partial Redundancy. When funding for a specific program or project is discontinued, only employees associated with that particular program or project shall be affected.
4. employees in a discontinued program or project shall be laid off and recalled according to seniority in that program or project.

The following wording shall be substituted for Article 29.7:

1. Both the employee and the Association shall be notified as soon as the employer is informed by the granting agency if a program or project is to be discontinued due to financial exigency. Employees shall be entitled to as much notice as the employer receives with a minimum notice period of six months.
2. Employees who have been notified that they will be laid off may, at their discretion, elect to receive a cash settlement equal in value to their monthly academic component of salary times the number of months that remain in their period of notification to a maximum of 6 months' salary before the effective date of their termination, in lieu of continuing their employment with the University.

35.10.3

The following wording shall be substituted for Article 29.8: employees who are laid off shall be entitled to severance benefits, based on the academic component of salary of one month's salary for each year of service up to a maximum of six months of salary.

General Redundancy associated with a reduction to the University's Operating Budget shall not apply to positions funded from sources other than the University Operating Budget. Article 29.5.3 shall not apply to these employees.

Seniority in the College of Medicine shall begin as of the date of the current appointment with the University.