UPDATED FALL 2020

The Collective Agreement between the University and CUPE 3913 outlines the commitments to a Sessional Lecturer (SL) who holds the Right of First Refusal (RoFR). The exercising of a RoFR is a joint responsibility between the University and the SL.

Appendix F

Appendix F affords a SL who has successfully completed a work assignment eligibility to exercise a RoFR to a work assignment for that same course provided it is made available in one of the immediately following SIX (6) semesters (=2 years).

Note: Eligibility for ROFR was extended from four (4) semesters to six (6) semesters effective Fall 2019. This means that SLs who taught a course in F19, and all subsequent semesters, carry the ROFR for the following SIX (6) semesters, as illustrated in the table below:

In addition,

• A SL who designs a degree credit course is eligible to exercise RoFR in one (1) of the immediately following two (2) semesters (see Course Development / Design).
• The RoFR may be extended by the University for an additional two semesters where there is a bona fide medical issue that prevented a SL from exercising their RoFR. Please contact FASR prior to such extensions.
• A SL on an active work assignment who goes on leave (per article 17) is deemed to have successfully taught the course for the purpose of ROFR where they have successfully completed at least 50% of the work assignment. Furthermore, where a SL takes a leave and another SL takes over the course, the SL who took the leave is appointed ahead of the SL who taught the course, regardless of seniority.  In other words, the SL who took the leave is afforded priority ROFR over the SL who took over the course. 
• Right of First Refusal is tied performance. See SL Performance Evaluation Guidelines
• Special circumstances apply for ROFR for Applied Music courses in the School of Fine Art and Music. 

Article 11.03(a)

(i) All applicants for work assignments, except those employees with Right of First Refusal per Appendix F, must apply via the online application process, providing an updated application and Curriculum Vitae to each of the Departments in which they seek employment. Employees exercising a Right of First Refusal per Appendix F shall do so through the online hiring system

(ii) The employee who is eligible to exercise the Right of First Refusal to a section of a course in accordance with Appendix F shall be invited to do so at the same time as the assignment is posted. The invitation will provide a reasonable time frame (at least three working days for invitations issued within one month of the commencement of the work assignment) within which to accept the offer invitation. Except in extenuating circumstances, failure to accept will be deemed as a refusal to exercise their Right of First Refusal.

What does this mean in practice?

• RoFR means that a SL does not need to monitor the Work Assignment Hiring Portal for a work assignment to which they hold the RoFR.
• A SL who holds the RoFR is exempt from the typical online application process.
• Prior to posting, academic units determine which holder of a ROFR would be successful (if multiple), and issue an email to that candidate only indicating that their course is posted for them to exercise their ROFR.  In other words, Academic units are responsible for ensuring a SL with RoFR is explicitly informed when work assignment postings are made available and explicitly invited to exercise their RoFR.
• Issuing the email invitation to exercise ROFR is tantamount to extending the Offer of Appointment and binds the academic unit to offer the work (except in the circumstance of course cancellation due to unusually low enrolment per art. 12.01). 
• It is understood that a SL must exercise their RoFR via the online hiring portal (this is the only way an Offer of Appointment can be generated, a seniority point assigned following the successful completion of the work assignment, and an accurate account of all CUPE work assignments is maintained).  Failure of a SL to exercise their ROFR via the hiring portal is deemed a refusal to exercise their ROFR.
• An Offer of Appointment may be issued to a SL who has exercised their ROFR via the online hiring portal prior to the posting expiry date, but the posting must still remain active for 15 calendar days.
• Technical issues relative to the Work Assignment Hiring Portal must not disadvantage a SL who holds RoFR.

What is reasonable notification to a SL who holds the RoFR?

• Academic units are responsible for providing reasonable notification to a SL who holds RoFR (at least 3 working days).
• It is the responsibility of a SL to monitor their @uoguelph.ca or @guelphhumber.ca email account. This University issued email address is the primary conduit by which the University conducts official business.
• Academic units must reasonably assess for extenuating circumstances in cases where a SL has not exercised their RoFR, and shall extend timelines/response deadlines where appropriate.

When is it reasonable that a work assignment which carries the RoFR be assigned to another instructor?

• Academic units must be able to defend all hiring decisions. In cases where, after reasonable attempts have been made to contact a SL with RoFR, please contact Faculty and Academic Staff Relations for assistance.
• Academic units must maintain a detailed communication trail of all efforts made to contact SLs who holds RoFR.