Online bonus: A look at the agreement between Loyalist College and one of its professors
Below are excerpts from the last chance agreement in Loyalist College of Applied Arts & Technology v. O.P.S.E.U., Local 420.
For more information about the case, click on the "related articles" link at the bottom of this page to see the original article.
What the agreement said
The parties irrevocably acknowledge and agree as follows;
1. X is a professor, and Loyalist College, the employer, is a community college. X was absent from work for the week of April 24, 2000, without authorization or explanation, and received a letter of warning from the Dean of Business and Applied Arts dated May 1, 2000, advising of the consequences of further unexplained absences. X acknowledges said absence was self-induced and alcohol related.
2. X was further absent without leave and explanation on February 20, and 21, 2001, for alcohol related reasons. For said absence he was suspended without pay, for five days. Said suspension was not grieved.
3. On January 30, 2002, X was again absent from work without authorization, for alcohol related causes. In lieu of termination for cause by reason of said absence and record of absences, X and the union have agreed to enter into this last chance contract.
4. X further acknowledges that he has been provided with opportunity to have a union official present for any or all meetings with employer and has elected __________. [sic]
5. The employer has made every reasonable effort to accommodate X's alcohol problem by providing information and encouragement to participate in the College's Assistance Program.
Given the circumstances outlined above, the parties do hereby agree as follows:
1. The parties to this Memorandum of Agreement accept and will not dispute the accuracy of the foregoing statements and agree to provide X with a last chance to retain his employment, subject to the terms and conditions set out below.
2. X must, no later than February 8, 2002, contact (a specific counsellor) with Beckett Kitchener Associates, the College's Employee Assistance Program provider, to secure and accept the earliest available appointment with that counselor.
3. X will attend the initial assessment and any subsequent interview, counseling sessions, or referrals recommended by (the EAP), and must, without exception, successfully complete and attend all of said sessions, including any residential treatment or aftercare program as may be recommended by (the EAP), or such other treatment provider as the College may approve. The College will support approved absences from the workplace in order to participate in such rehabilitative and counselling programs as may be appropriate and reasonable.
4. X must immediately provide Loyalist College with a release authorizing his counselors, doctors, or any other treating professionals with the authority to disclose to the College, on an on-going basis, any information they may require with respect to his attendance, progress or treatment for alcoholism or alcohol dependency.
5. X must never at any time consume alcohol on any College premises, or at any College functions. He must not in any event, at any time, be under the influence of alcohol while performing his duties of employment. It is understood and agreed that no absences due to alcohol consumption will constitute satisfactory reason for absence from work.
6. X must provide satisfactory written medical evidence covering each and every day absent from work for which illness is claimed as a reason. Such absences are to be reported directly to (the dean), or his designate, at least two hours prior to the start of the regular working day.
7. The parties agree that should X, at any time, breach any of the obligations or conditions under this Last Chance Agreement, he shall forthwith be deemed to have been terminated. Such deemed termination shall be irrevocable. The parties further agree that any deemed termination shall be for "just cause", and that it would not be just and reasonable that he be reinstated in employment.
For more information about the case, click on the "related articles" link at the bottom of this page to see the original article.
What the agreement said
The parties irrevocably acknowledge and agree as follows;
1. X is a professor, and Loyalist College, the employer, is a community college. X was absent from work for the week of April 24, 2000, without authorization or explanation, and received a letter of warning from the Dean of Business and Applied Arts dated May 1, 2000, advising of the consequences of further unexplained absences. X acknowledges said absence was self-induced and alcohol related.
2. X was further absent without leave and explanation on February 20, and 21, 2001, for alcohol related reasons. For said absence he was suspended without pay, for five days. Said suspension was not grieved.
3. On January 30, 2002, X was again absent from work without authorization, for alcohol related causes. In lieu of termination for cause by reason of said absence and record of absences, X and the union have agreed to enter into this last chance contract.
4. X further acknowledges that he has been provided with opportunity to have a union official present for any or all meetings with employer and has elected __________. [sic]
5. The employer has made every reasonable effort to accommodate X's alcohol problem by providing information and encouragement to participate in the College's Assistance Program.
Given the circumstances outlined above, the parties do hereby agree as follows:
1. The parties to this Memorandum of Agreement accept and will not dispute the accuracy of the foregoing statements and agree to provide X with a last chance to retain his employment, subject to the terms and conditions set out below.
2. X must, no later than February 8, 2002, contact (a specific counsellor) with Beckett Kitchener Associates, the College's Employee Assistance Program provider, to secure and accept the earliest available appointment with that counselor.
3. X will attend the initial assessment and any subsequent interview, counseling sessions, or referrals recommended by (the EAP), and must, without exception, successfully complete and attend all of said sessions, including any residential treatment or aftercare program as may be recommended by (the EAP), or such other treatment provider as the College may approve. The College will support approved absences from the workplace in order to participate in such rehabilitative and counselling programs as may be appropriate and reasonable.
4. X must immediately provide Loyalist College with a release authorizing his counselors, doctors, or any other treating professionals with the authority to disclose to the College, on an on-going basis, any information they may require with respect to his attendance, progress or treatment for alcoholism or alcohol dependency.
5. X must never at any time consume alcohol on any College premises, or at any College functions. He must not in any event, at any time, be under the influence of alcohol while performing his duties of employment. It is understood and agreed that no absences due to alcohol consumption will constitute satisfactory reason for absence from work.
6. X must provide satisfactory written medical evidence covering each and every day absent from work for which illness is claimed as a reason. Such absences are to be reported directly to (the dean), or his designate, at least two hours prior to the start of the regular working day.
7. The parties agree that should X, at any time, breach any of the obligations or conditions under this Last Chance Agreement, he shall forthwith be deemed to have been terminated. Such deemed termination shall be irrevocable. The parties further agree that any deemed termination shall be for "just cause", and that it would not be just and reasonable that he be reinstated in employment.
