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Athabasca University Policy


Designation of Staff as Academic Under Post-Secondary Learning Act


Department Policy Number

015 001

Effective Date

Revised December 10, 2003
February 28, 1983

Purpose

To establish the parameters under which the university will designate, except from designation, or change the designation of individual employees or categories of employees as academic staff members at Athabasca University.

Definitions

Policy

Section 60(2) of the Post-Secondary Learning Act empowers Athabasca University Governing Council (the "Council") to do one or more of the following:

(a) designate categories of employees as academic staff members at the university;

(b) designate individual employees as academic staff members at the university;

(c) change designations made under subclause (a or (b) or under Section 5(2) or 42(2).

By these Sections of the Act, the university is authorized both to designate and to change the designation of individual employees and categories of employees.

While the use of the word "academic" might be interpreted to include only professional staff directly involved in the teaching and research activities of universities, it can be and is extended, by the application of the legislation at this and other Alberta universities, to professional staff whose functions are only indirectly supportive of academic functions. Staff so designated are thereby automatically members of the Athabasca University Faculty Association (the "Association") and subject to the Professional Terms and Conditions Agreement ("the Agreement").

Except as categorized or specified below, all full or part-time, probationary, continuing, term, or contingent salaried employees of the university holding professional rank will be designated "academic" under the Post-Secondary Learning Act. In accordance with its hiring policies, the Council determines the status of its salaried staff positions as being either professional or support at the time of budgetary establishment of those positions.

1.0 Exceptions

  1.1 Executive and Management Staff

    The Council excepts from designation as "academic" under the Post-Secondary Learning Act, the following categories of staff:

    (a) All executive officers of the Council, specifically the president, vice-presidents, associate vice-presidents, and executive directors.

    (b) All managers of major service departments who hold the title of director or the equivalent (including the University Librarian and the Registrar but excluding the deans and the directors of academic centres), who report directly to an executive officer and who are employed at the maximum salary range.

    (c) Staff participating in the development of or having regular access to information supporting the university management in its negotiation of collective agreements with the Association and in the application and administration of the Agreement, specified as follows:

     
  • Executive Assistants to the President and Vice Presidents
     
  • Secretary to Governing Council
     
  • Financial Managers (Budget, Planning, Reporting, Investments, Bank Signing Authorities, Fundraising)
     
  • Human Resource Officers (Compensation, Employment, OH&S, Labour Relations, Employee and Organizational Development).

2.0 Rationale

  2.1 While respecting as far as possible the wishes of the Association that all professional staff remain within the Association, it is the intent of this policy to exclude from designation as "academic" and therefore from membership in the Association those staff whose major functions include representing the interests of the university in its capacity as an employer both in collective bargaining and in the administration of the resulting Agreement. It is the position of the Council that there is an inherent conflict of interest between the exercise of those functions and membership in the Association.

  2.2 In accordance with the 1983 representations of the Faculty Association, these categories of exception do not include deans of faculties nor, by extension, do they include directors of academic centres. While performing management functions management staff in this category are recognized by the Council as having a unique collegial role, and as having management appointments for a term only, with the expectation that they will normally return to the ranks of staff exercising direct academic functions (such as the determination of academic instructional content and the performance of disciplinary research).

  2.3 Furthermore, in response to the position of the Association, the Council has, by this policy, only excepted from designation the most senior of its management staff together with those staff who provide confidential support to their functions in the staff relation’s area.

3.0 Powers under the Post-Secondary Learning Act

  3.1 Within the powers granted under the Post-Secondary Learning Act and in accordance with the intent of this policy, the Council reserves the right to modify this list as the university's organization evolves.

Regulation

Procedure

Recruitment procedures require that AUFA be notified prior to recruitment to any new excluded position under this policy.

Approved By

Athabasca University Governing Council

Amended Date/Motion No.

Reformatted July 2006
Motion No. 144-7; December 10, 2003
Motion No. 45.15

Related References, Policies and Procedures

Applicable Legislation/Regulation

Post-Secondary Learning Act
AUFA/AUGC Terms and Conditions Agreement

Responsible Position/Department

This policy is maintained and administered by Human Resources. For further information, please contact the Director, Human Resources. Contact information is available on the Human Resources web site.

Keywords

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K. Zimmermann, Office of the University Secretariat, July 2006