ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Wednesday, August 29, 2007

Prof: Faculty Constitution Trumps CBA

Aa_2 Where faculty members have both a faculty constitution that guarantees their status and a collective bargaining agreement, which one will control the issue of when they can be terminated?  That’s apparently the issue in a suit by former University of Winnipeg physics professor Edward Tomchuk.

Tomchuk was terminated when he turned 69, pursuant to a mandatory retirement clause in the university’s collective bargaining agreement. But he’s claiming breach of his contract with the university on the grounds that the faculty constitution prohibits age discrimination, and that its terms can't be varied by the CBA.

[Frank Snyder]

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