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The University of British Columbia
- a place of mind
- The University of British Columbia
- UBC Human Resources
The University of British Columbia and the Faculty Association of The University of British Columbia have agreed on the following conditions of appointment for librarians at The University of British Columbia.
1.01 For the purpose of this Agreement:
“Association” means the Faculty Association of The University of British Columbia;
“Faculty Agreement” means the Agreement on Conditions of Appointment for Faculty;
“Framework Agreement” means the Agreement on the Framework for Collective Bargaining;
“Librarian” means a person appointed as a librarian or an archivist;
“Parties” means The University of British Columbia and the Faculty Association of The University of British Columbia;
“President” means the President of The University of British Columbia;
“Supervising librarian” means the administrative librarian to whom a librarian primarily reports;
“University” means The University of British Columbia.
1.02 Wherever in this Agreement the singular is used, the reference shall include the plural where the context so requires.
2.01 Appointments may be (a) term appointments or (b) confirmed appointments. The term of every appointment and the termination date shall be clearly stated on the appointment notice received by the appointee.
2.02 Term Appointments
Term appointments are of the following two kinds:
a) Term Appointments Without Review
Appointments without review are full-time or part-time appointments for a specified limited term. There is no implication that the appointee will be considered for any further appointment of this or any other kind on the expiration of the specified term. Full-time appointments without review may not be held for more than three (3) consecutive years. Term appointments without review are normally for one (1) year. Each year the University will provide to the Association a list of those holding term appointments without review.
b) Probationary Appointments
i) Probationary appointments are full-time appointments that, although being for a specified term, carry the implication that the appointee will be considered for further appointment in accordance with the procedures and criteria described below. A probationary appointment is normally for a three year term.
ii) Any librarian holding a probationary appointment is eligible for consideration for a confirmed appointment. Normally by the end of an appointee’s second year of continuous service in a probationary appointment, a recommendation must be made to the President by the University Librarian to grant or deny a confirmed appointment. The decision to recommend or deny a confirmed appointment may, however, be postponed until the third year of appointment with the concurrence of the appointee. An early recommendation to grant a confirmed appointment may be made if the appointee has had academic, professional, or other comparable experience before being appointed by the University; however, the procedures in Article 4 shall apply.
iii) A decision not to grant a confirmed appointment will normally be followed by a one year terminal appointment. If notice of a decision not to grant a confirmed appointment is given before the end of the second year of a probationary appointment, the third year of the probationary appointment shall be the terminal year. If notice of a decision not to grant a confirmed appointment is given during the third year of a probationary appointment the appointee shall be granted an appointment for a fourth year, the fourth year to be the terminal year.
iv) No librarian will acquire a confirmed appointment by reason only of holding a probationary appointment that extends beyond the third year of continuous service.
2.03 Confirmed appointments
Confirmed appointments are full-time appointments except when the University and a librarian have agreed to change such an appointment from full-time to part-time. They cannot be terminated before normal retirement age except in accordance with Article 9 below, or for financial exigency or redundancy. Termination for financial exigency or redundancy shall be in accordance with any applicable criteria and procedures established under Article 12 of the Faculty Agreement. Until such criteria and procedures are established the Agreement on the Termination or Non-Renewal of Faculty Appointments for Financial Exigency as amended shall apply to librarians.
2.04 Appointments involving salaries from non-University funds
a) Appointments may be funded jointly by the University and some other body, or in some cases may be funded entirely from non-University sources. Librarians holding such appointments shall be subject to the same procedures and criteria for initial appointment and confirmed appointment that are applied to those holding appointments funded solely by the University. The award of a confirmed appointment, however, shall be for the term of the grant or contract and shall be termed “confirmed (grant)”.
b) The appointment notices for those supported by non-University funds in whole or in part shall state clearly the terms of appointment and indicate which accounts are non-University funds and the amounts paid from those accounts.
c) A librarian who has a confirmed full-time appointment (grant) may, with the agreement of the University, be given a full- or part-time confirmed appointment.
d) A librarian holding a probationary appointment or a confirmed appointment (grant) and supported by non-University funds in whole or in part shall, subject to funds being available, be given a minimum notice of one year if the appointment is to be terminated as a result of the termination of the non-University funds from which the librarian’s salary is paid.
e) If an appointment supported by non-University funds in whole or in part is not to be renewed or is to be terminated for any reason other than the termination of non-University funds, the criteria and procedures applicable to appointments funded solely by the University shall govern.
3.01 An initial appointment as a librarian requires at least an undergraduate degree from a university of recognised standing and a degree from an accredited school of library, archival or information science, or alternative qualifications accepted by the University for holding a professional position in the Library. It may also require appropriate experience and knowledge of a particular subject.
3.02
a) Candidates for confirmed appointment are judged principally on performance in their professional work.
b) Recognition, however, will be accorded to the attainment of advanced degrees in librarianship or other pertinent disciplines, and to other contributions to the University, to the profession, to scholarship and to the community as defined in Articles 4.03 and 4.04 of the Agreement on Conditions of Appointment for Faculty. Attainments or other contributions in the areas listed in this subclause (b) cannot, however, compensate for deficiencies in professional work.
3.03 Judgements of an individual shall be made objectively.
3.04 Confirmed appointments are granted to individuals who have maintained a high standard of performance in their professional work and show promise of continuing to do so. The decision to grant such an appointment may take into account the interest of the University in maintaining academic strength and balance, but no librarian holding a probationary appointment shall be denied a confirmed appointment on the ground the University has established quotas for those holding confirmed appointments.
4.01 All appointments are made by the Board of Governors upon the recommendation of the President.
4.02 Where a Selection Committee is to be appointed the Committee shall include at least five librarians who hold confirmed appointments, including two administrative librarians and two general librarians and, who if practicable, work in the area in which the librarian is, or will be, employed. The Chair shall be elected from within the Committee. The recommendation of the Selection Committee shall be that of a majority. The supervising librarian shall participate in the work of the Committee but shall not vote.
4.03 It is expected that confidentiality will be respected by all those participating in the consultations.
4.04 The procedures in Articles 5 and 6 do not apply to appointments to administrative positions, including that of a Head of a division or a branch.
5.01 For the purpose of this Article initial appointments shall include
a) probationary appointments;
b) appointment without review;
c) internal appointments (An internal appointment is an appointment open only to candidates who already hold an appointment as a professional librarian.)
d) confirmed appointments that are not preceded by a probationary appointment.
5.02
a) A recommendation on the making of an initial appointment shall be made to the University Librarian by a Selection Committee.
b) The supervising librarian to whom the appointee will report shall also make a recommendation to the University Librarian.
c) If the University Librarian decides in favour of recommending the appointment, he or she shall forward it to the President.
d) In the case only of appointments under Article 5.01(d), the President shall refer the recommendation to the Librarians’ Appointments Committee pursuant to Article 6.06(a), but otherwise the provisions of Article 6 shall not apply.
6.01 Meetings with the Candidate
a) At the end of the first year of a probationary appointment the candidate’s supervising librarian shall meet with the candidate. The purpose of the meeting is to review the candidate’s performance for the year, to identify any potential difficulties with the candidature and to assist the candidate with any concerns.
b) If a decision is made pursuant to Article 2.02 (b)(ii) to postpone consideration of a confirmed appointment until the third year of appointment, a meeting of the candidate and supervising librarian shall be held at the end of the second year of appointment to review the candidate’s performance for the year, to identify any potential difficulties with the candidature and to assist the candidate with any concerns.
c) When a librarian is to be considered for a confirmed appointment under Article 2.02 (b)(ii) the supervising librarian shall meet with the candidate before the submission of information to be supplied by the candidate. The purpose of this meeting is:
i) to advise the candidate that it is his/her responsibility to provide an up-to-date curriculum vitae and other relevant information to the supervising librarian, prior to a date set by the supervising librarian, provided that this date is no earlier than six (6) months prior to the expiry of the probationary period; and ,
ii) to identify any potential difficulties with the candidature and to assist the candidate with any concerns.
d) The librarian may bring a colleague to each of the above meetings.
e) At the conclusion of each of the above meetings, the matters discussed shall be recorded in an agreed memorandum. Any concerns expressed by the supervising librarian are his/her own views.
6.02 The Review Committee
a) During the second year of a probationary appointment, or if a decision is made pursuant to Article 2.02 (b)(ii) to postpone consideration of a confirmed appointment until the third year of a probationary appointment, then during the third year, the candidate’s supervising librarian shall establish a Review Committee according to the procedures for establishing a Selection Committee, contained in Article 4.02(b) concerning the awarding of a confirmed appointment. The supervising librarian shall assemble documentation for review by the Review Committee, including: the agreed memorandum, or memoranda, prepared pursuant to Article 6.01(a) or 6.01(b); a performance review of the candidate’s first, and if appropriate, second year of appointment; a current curriculum vitae and other relevant information to be supplied by the candidate; letters of appraisal of the candidate’s performance from a minimum of four general and administrative librarians who have direct knowledge of the candidate’s performance.
b) When serious concerns arise during the review process to be conducted under paragraph (a) above, the supervising librarian shall, before any final decision is reached by the Committee, inform the candidate of that fact and the reasons therefore with sufficient particularity to enable the candidate to have a meaningful opportunity to respond orally or in writing and to introduce further relevant evidence. The supervising librarian shall provide the candidate with a summary of the letters of appraisal prepared in such a way as to preserve the anonymity of those who wrote the letters of appraisal.
c) The supervising librarian shall assemble and forward to the University Librarian the following documentation:
i) the materials assembled pursuant to 6.02 (a) and (b) above;
ii) the Committee’s recommendation and a record of the Committee’s deliberations and vote; and,
iii) the supervising librarian’s recommendation.
6.03 Recommendations: Informing the Candidate
a) The supervising librarian shall, at the time the recommendations are forwarded to the University Librarian, inform the candidate in writing of the recommendations being forwarded.
b) If the recommendation of either the supervising librarian or of the Review Committee is negative, the supervising librarian shall provide detailed and specific reasons in writing for any negative recommendation. Where the supervising librarian’s recommendation is negative and that of the Review Committee is positive the supervising librarian shall also provide detailed and specific reasons for the positive recommendation.
c) The supervising librarian may provide detailed and specific reasons by giving to the candidate a copy of the recommendations being forwarded to the University Librarian, but if that is done the recommendation shall be modified to the extent necessary to protect confidentiality and to protect the identity of writers of letters of appraisal.
d) The candidate shall be invited to make a timely response, which shall be added to the file.
6.04 Procedures for Librarians Outside the Library
In a Faculty in which a librarian is employed, the Dean shall ensure that a recommendation for confirmed appointment is arrived at by procedures and arrangements consistent with those for the Library.
6.05 The University Librarian
a) The University Librarian shall review the recommendations received to ensure that proper procedures have been followed, that all relevant material has been considered, and that the recommendation made is consistent with the evidence presented. The University Librarian may consult such Assistant University Librarians as he or she decides. The University Librarian shall make his or her recommendation regarding the confirmed appointment in accordance with Article 6.05(b) and (c).
b) The University Librarian shall forward his or her recommendation to the President together with the recommendations received from the supervising librarian and the Review Committee.
c) If the University Librarian’s recommendation is different from that of the supervising librarian or the Review Committee the University Librarian shall inform the President of the reasons for this.
6.06 The University Librarian: Informing the Candidate
a) The University Librarian shall, at the time his or her recommendation is being forwarded to the President, inform the candidate in writing of his or her recommendation.
b) If the recommendation of the University Librarian is negative, in opposition to the recommendations of the supervising librarian or the Review Committee, or for reasons not raised by the supervising librarian or the Review Committee, the University Librarian shall provide details and specific reasons in writing to the candidate.
c) The University Librarian may provide detailed and specific reasons by giving the candidate a copy of the University Librarian’s recommendation to the President, but if this is done the recommendation shall be modified to the extent necessary to protect confidentiality and to protect the identity of the writers of letters of appraisal.
d) The candidate shall be asked to make a timely response, which shall be added to the file.
6.07 Librarians’ Appointments Committee
All recommendations to the President concerning confirmed appointments shall be reviewed by the Librarians’ Appointments Committee, which is a standing advisory committee established by and making recommendations to the President. A librarian whose recommendations are being considered by the committee may participate in the deliberations of the committee but shall not vote on the recommendations. There shall be a majority of librarians who hold confirmed appointments on the Librarians’ Appointments Committee who have not played a role in the review process.
6.08 Supplementing the File
In the case of recommendation on a confirmed appointment the candidate, or the Library, has the right up to the President’s decision, to supplement the candidate’s file by the addition of new, unsolicited information or a response to particular concerns that emerge in the relevant documentation.
6.09 President: Informing the Candidate
a) The President shall, at the time a decision is made on whether or not a recommendation is to be forwarded to the Board of Governors respecting a candidate, inform the candidate in writing of that decision.
b) If the recommendation of the President is negative, the President shall provide detailed and specific reasons in writing to the candidate including the respects in which he or she is deemed to have failed to satisfy the applicable criteria and send a copy to the Association.
6.10 Appeal of Decisions on Denial of Confirmed Appointments
a) The President’s decision to deny a confirmed appointment may be subject to arbitration following the procedures as provided in Article 13 of the Faculty Agreement.
b) The provisions of Article 13 of the Faculty Agreement and any amendments thereto shall apply as applicable to librarians. The provisions, however, shall be modified as follows:
i) Any references to decisions relating to promotion are inapplicable.
ii) In Article 13.07 of the Faculty Agreement, procedural error means an error regarding the procedures under this Librarians’ Agreement.
7.01 Vacation
The normal vacation should be arranged between the librarian and her/his supervising librarian.
7.02 Leave
Leave provisions and University policies including maternity leave, sick leave, study leave, political leave, and leave without pay for faculty members shall apply to librarians.
7.03 Procedures in the case of Emotional or Physical Incapacity
Article 11 of the Faculty Agreement shall apply to librarians.
When a librarian is in a position to influence personnel decisions (such as the recruitment, offer of employment, salaries, evaluation of performance, promotion, granting of a confirmed appointment, imposing disciplinary measures, or termination of employment) with respect to another with whom the librarian has a relationship which might reasonably be construed as raising a conflict or potential conflict of interest, then the librarian has a duty to disclose the situation to the University Librarian.
Librarians are expected to avoid apparent and actual conflict of interest situations by not participating in the decision-making process with respect to the other person. For example, a librarian is required to withdraw from deliberations regarding another librarian’s case for confirmed appointment.
9.01 For the purpose of this Agreement:
“Cause” for the purpose of dismissal, means incompetence, gross misconduct, or refusal or unjustifiable failure to carry out one’s reasonable duties;
“Cause”, for the purpose of suspension or disciplinary measures, is understood to be less than is required to be shown for dismissal, but no dismissal, suspension or discipline shall be sustained unless the University can show just cause;
“Days” means calendar days, excepting statutory holidays;
“Disciplinary measure” means the imposition of a penalty such as warning or formal reprimand other than termination of appointment or suspension, but does not include an oral or written comment on performance unless that comment is accompanied by a warning or reprimand, and does not include a measure taken under regulations approved by the Board of Governors or the Senate covering such matters as parking or use of the Library;
“Sexual harassment” has the same meaning as given to the phrase in the definition in University Policy Number 3: Discrimination and Harassment;
“Suspension” by way of discipline means the release of a librarian from his or her duties for a specified period during which time rights and privileges as a librarian are withdrawn and salary is reduced or discontinued, but does not include the reduction or discontinuance of the salary of a librarian who is unable to discharge University duties for reasons such as emotional or physical incapacity or unavoidable absence from the University;
“Termination of appointment” means the release of a librarian without his or her agreement before the expiry of the term of the contract, or in the case of those holding confirmed appointments, before the normal retirement age, but does not include a decision not to award a confirmed appointment and shall not include the ending of an appointment for financial exigency or redundancy;
“Temporary suspension” means a suspension imposed by the President pending the outcome of an investigation into allegations against the librarian.
9.02 Temporary Suspension
a) The President may impose a temporary suspension on a librarian pending the outcome of an investigation into allegations against the librarian.
b) During a temporary suspension a librarian may be relieved from some or all of his or her duties and may be deprived of some or all of his or her rights and privileges; but his or her salary should not be reduced or discontinued during the period of temporary suspension.
c) The period of temporary suspension shall not normally be longer than sixty (60) days.
9.03 Termination and Suspension for Cause: Decision of the President
a) When the President considers that appropriate grounds may exist for the termination of an appointment for cause or for suspension of an appointment for cause the President shall inform the librarian concerned in writing.
b) Within twenty-one (21) days of receiving written notification from the President, the President and the librarian shall meet to discuss the matter in the presence of (i) the University Librarian, (ii) the supervising librarian, and (iii) a librarian holding the confirmed appointment, or a faculty member holding an appointment without term acceptable to both the President and the President of the Faculty Association. The President and the librarian concerned shall each be entitled to bring counsel or other advisors to this meeting. The Chair of the Faculty Association’s Personnel Services Committee or the Chair’s representative shall attend the meeting.
c) If, following this meeting, the President decides to proceed with the termination for cause or with the suspension for cause, the President shall inform the Association and the librarian in writing of the grounds for the termination suspension.
d) Within forty-two (42) days after receipt of this notice the Association may give written notice to the President that it wishes to proceed to arbitration.
9.04 Termination and Suspension: Arbitration
Articles 21.08 to 21.16 inclusive of the Framework Agreement apply to the submission to arbitration of a decision of the President to terminate or suspend a librarian.
9.05 Disciplinary Measures: Imposition
A supervising librarian or the University Librarian may impose a disciplinary measure on a librarian; and shall at the time of the decision inform the librarian in writing of the measure and the reasons for it.
9.06 Disciplinary Measures by the Supervising Librarian: Grievance
a) If the librarian wishes to appeal the imposition of discipline by a supervising librarian, the librarian shall, within twenty-one (21) days of being informed in writing under Article 9.05, notify the University Librarian in writing of the intent to appeal.
b) The University Librarian, if requested, shall meet with the librarian and the Association.
c) Within twenty-one (21) days of having received notice under Article 9.06 (a) the University Librarian shall provide written notice of his or her disposition of the appeal to the librarian and to the Association.
d) If the Association decides to carry forward the grievance it shall, within twenty-one (21) days of receiving the written decision of the University Librarian, notify the appropriate Vice-President in writing that it wishes to proceed to arbitration.
e) Articles 21.08 to 21.16 inclusive of the Framework Agreement apply to the submission to arbitration.
9.07 Disciplinary Measures by the University Librarian: Grievance
a) If a librarian wishes to appeal discipline initially imposed by the University Librarian, the librarian shall, within twenty-one (21) days of being informed in writing by the University Librarian of the discipline, notify the appropriate Vice-President and the Association of his or her wish to appeal the discipline.
b) If the Association decides to carry the appeal forward it shall within twenty-one (21) days of receiving the notification of the librarian’s wish to appeal notify the appropriate Vice-President that it wishes to proceed to arbitration.
c) Articles 21.08 to 21.16 inclusive of the Framework Agreement apply to the submission to arbitration.
10.01 Financial Exigency
Provided that an Agreement on the Framework for Collective Bargaining is in force, the criteria and procedures for any alteration in the conditions of appointment of any librarian because of financial exigency in the University will be negotiated by collective bargaining between the Parties in accordance with the provisions of that agreement.
10.02 Redundancy
Provided that an Agreement on the Framework for Collective Bargaining is in force, the criteria and procedures for any alteration in the conditions of appointment of any librarian because of redundancy in the University Library will be negotiated by collective bargaining between the Parties in accordance with the provisions of that agreement.
Article 14, 15, 20 and 21 of the Faculty Agreement, are incorporated in this Librarians’ Agreement.
The Association undertakes to submit this Agreement and any amendments subsequently made to it to the librarians who are members of the bargaining unit and are members of the Association for ratification by a majority of those voting in a mail ballot.
