Canceling Courses

There are circumstances in which canceling a course may incur costs. The decision to cancel a course once it is posted must take into consideration the following: 

• Is it a Unit 1 (TA) or Unit 2 (SL) work assignment? 

• For Sessionals, has an offer to exercise a Right of First Refusal (RoFR) been extended (i.e., when the posting went live) and the timeline provided to respond expired? 

• For Sessionals without RoFR, has an Offer of Appointment been issued?

• For TAs, has an Offer of Appointment been accepted? 

Collective Agreement Language

The following is the applicable CUPE 3913 Unit 1 Collective Agreement (2019 - 2023) provision:  

Unit 1: 10.05 (c) The University agrees that, subject to 11.07 and Article 9, no employee who has accepted a work assignment will have their number of hours reduced during that contract period.  

The following are the applicable CUPE 3913 Unit 2 Collective Agreement (2019 - 2023) provisions:  

Unit 2: Article 11.03 Applicant Profile and Online Application Process  

(a) 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. 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 invitation. Except in extenuating circumstances, failure to accept will be deemed as a refusal to exercise their Right of First Refusal.  

Unit 2: Article 12 Course Cancellation  

12.01 The University agrees that once an offer of employment has been issued or an invitation to exercise a Right of First Refusal, there shall be no layoff or reduction in normal earnings for any member of the Bargaining Unit, except by reason of course cancellation due to unreasonably low enrolment.  

12.02 Where an employee suffers a reduction in normal earnings due to course cancellation as a result of unreasonably low enrollment in a course, a cancellation stipend of $600 shall be paid if the cancellation occurs prior to the start date of employment. Should the cancellation occur after the start date of employment but prior to the end of the second full week of classes for that particular work assignment, the employee shall be paid one‐third (1/3) of the established full pay for the whole assignment. Should the cancellation occur after the end of the second full week of classes for that particular work assignment, the employee shall receive the established full pay for the whole assignment.  

Interpretation 

In normal circumstances, an Offer of Appointment cannot be rescinded. 

For Unit 1, this applies after the Offer of Appointment has been accepted. 

• In other words, an accepted Offer of Appointment binds the academic unit to offer work.   

For Unit 2, this applies after (1) the invitation to exercise the ROFR for Sessional who hold an RoFR or (2) the Offer of Appointment has been issued for all Sessionals.   

• In other words, issuing the email invitation to an SL to exercise their ROFR at the time of posting is tantamount to issuing the Offer of Appointment, regardless of whether or not an Offer has been extended from the system.  

• Binds the academic unit to offer the work, regardless of whether or not the Offer has been accepted until the timeline provided in the invitation has expired.   

• In circumstances of course cancellation due to unusually low enrolment, there are limited financial implications. 

Implications 

*Note: ROFR = Right of First Refusal and applies only to Unit 2 work assignments 

Scenario 1: Course Not Yet Posted, No ROFR extended 

• Do not post the course. 

• Do not extend ROFR. 

• No financial implications.

Scenario 2: Course Currently Posted (Active/Public), No ROFR extended 

• Close the posting (i.e., set the expiry date to midnight tonight). 

• Include a comprehensive Posting Admin. Memo as to circumstances of withdrawing the posting. 

• While there is no obligation to do so, consider responding to known CUPE applicants. 

Scenario 3: Course Posting Expired, No ROFR extended, No Offer of Appointment Extended 

• Include a comprehensive Posting Admin. Memo as to circumstances of not filling the work assignment. 

• While there is no obligation to do so, consider responding to known CUPE applicants. 

Scenario 4: ROFR extended, regardless of the status of the Posting or Offer  

• This is tantamount to extending the Offer of Appointment and binds the academic unit to offer the work until the timeline provided in the invitation has expired (see Scenario 5) except in the circumstance of course cancellation due to unusually low enrolment per art. 12.01.

• ROFR applies as if they had taught the course.

• No Seniority Point is accrued as they did not 'successfully complete the course'.  

• The Department may try to explore an alternate assignment for the ROFR member. The SL has no obligation to accept the alternative.  The member may suggest, or agree to, an alternative assignment. 

Scenario 5 (Unit 2): Offer of Appointment issued, regardless of no response 

• Unless the response deadline has passed, the academic unit has committed to offering the work.

• The only circumstance which allows cancellation at this time is course cancellation due to unusually low enrolment (art. 12.01).  

• Except in extenuating circumstances, failure to respond by the deadline is deemed a refusal of the work assignment. 

Scenario 6 (Unit 1): Offer of Appointment accepted 

• Binds the academic unit to offer work. 

• Upon mutual agreement, the work may be modified so that the TA does not suffer a loss of wages during the semester (i.e., replace an accepted offer for a 0.5 work assignment for STUFF*1000 for a 0.5 work assignment for STUFF*2500). 

Scenario 7: Offer of Appointment issued/accepted, Candidate or University Withdraws 

• There are 2 Steps to Closing a Work Record to ensure that no pending SPs (and ROFRs, as applicable) are accrued: 

  • EDIT the OFFER  to “Candidate Withdrawn” or “University Withdrawn”; Include an Admin. Memo Note as to the circumstances.

  • EDIT the WORK RECORD  to SP not accrued; ROFR not earned   

Related FAQ: www.uoguelph.ca/sessional_ta/faq/does-your-unit-have-any-reductions-cupe...">https://www.uoguelph.ca/sessional_ta/faq/does-your-unit-have-any-reducti...">Does your unit have any REDUCTIONS in CUPE 3913 Work Assignments?