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Resources

Workload Appeal Review Procedures for Instructors

Background

Workload is assigned by Chairs to their Instructors and can be influenced by a number of factors as described in Article 62:05 (a) and (b).

Reference: Article 62.05, Hours of Work and Article 48, Arbitration Procedure

Process

An Instructor may request a meeting to review his/her workload if they feel it is warranted. If an Instructor and the Chair are not able to agree on the prescribed workload then the Instructor may appeal the workload decision.

The Instructor will apply in writing to their Dean or designate within five (5) working days of receiving the assignment from their Chair. The Instructor will need to demonstrate why they feel their workload is beyond the expected norm. The Dean or designate will meet with the Instructor and the Chair to review the information and provide a written decision within five (5) working days of their receipt of the appeal.

If the Instructor is dissatisfied with the decision of the Dean or designate, they may submit a complaint to the Executive Director, Academic or the Executive Director, Community and Student Services within five (5) working days of their receipt of the Dean or designates decision. The Executive Director will review the complaint with the Instructor and provide a written decision within five (5) working days of their receipt of the complaint.

The time limits can be extended by mutual agreement between the parties. Any agreement to do so must be in writing; email correspondence is acceptable.

Should the employee feel their workload appeal review concerns have not been resolved, the matter may be submitted to arbitration as per Article 48 of the Collective Agreement.

Roles

Chair or Program Manager

The Chair’s main role in the workload appeal review process is to provide insight into the workload assigned to the employee. He/she will:

  • Prepare a statement of review of the current workload and its factors
  • Attend the workload appeal review meeting and be prepared to explain the decision behind the employee’s current workload

Dean or Designate

The Dean or their designate will conduct the initial workload appeal meeting. During and after the meeting they will:

  • Ensure all the relevant facts, issues and questions are clarified and discussed.
  • Make a decision following the workload appeal review and prepare a response

Executive Director

The Executive Director if required will conduct a review of the complaint and decision. After the review they will:

  • Ensure all the relevant facts, issues and questions are clarified and discussed.
  • Make a decision following the workload appeal review and prepare a response

Human Resources

The Human Resources Consultant participates as an advisor in the workload appeal reviews. He/she will:

  • Assist the Manager in preparing for the workload appeal review
  • Provide precedent from prior workload appeal reviews
  • Assist in preparing the response by providing a letter template and offering guidance

Meeting

The role of the Dean, the Executive Director or designate is to ensure the process is fair and respectful.

The meeting will provide an opportunity for the employee to air concerns over their assigned workload and for both parties to address the concerns with a focus on obtaining a resolution.

Decision Considerations

  • What are the strengths and weaknesses of the Chair’s points and principles?
  • What are the strengths and weaknesses of the complainant’s points and principles?
  • What are the operational ramifications?
  • What are the financial implications?
  • Are there any other considerations?

Responding to a Workload Appeal

It is important for the Dean, Executive Director or the designate to communicate a clear decision to either deny or allow the workload appeal. There should be consultation with your Human Resources Consultant when preparing your written response.

In preparing a response, the following should be included:

  1. Reference the meeting date and the MGEU file number, if applicable.
  2. Describe the workload issue as presented by the employee, list specific concerns and address each one individually.
  3. Clearly state decision and rational. Options available:
    • Deny the workload appeal. Use the denial letter template.
    • Allow the workload appeal. Use the settlement letter template.
      • If you are allowing the workload appeal ensure that the employee and the union agree to withdraw the workload appeal by including as a condition in the response
  4. Upon completion, forward a copy of the response to Human Resources, the Chair and if applicable the Dean as well.