Very interesting indeed. We went thru a similar discussion some time ago...

Some were of the opinion that hires on a grant are not really University
employees, and should be considered employees of the PI. Many disagreed, and
a legal battle ensued, confirming that at least in our jurisdiction (Quebec,
Canada), the University (or the hospital) has to assume all the
responsibilities of an employer.

The procedure for such hires have been negociated and are now specified in
the terms of the collective agreement (between the University and its union
of "research professionnals") that is now in place at our institution.

The parties agreed on a very flexible process, different from the process in
place for regular University hires. The PI has much of the hiring decision
in his hands, but there are basic institutional rules to follow, and all the
applicable Quebec labor laws.

Seems to work so far...

Best regards,

=========
Luc Simon

Laval University
Tel: (418) 656-2131 - ext 5301
Fax: (418) 656-5131
Email: xxxxxx@vrex.ulaval.ca

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Le 02/02/05 12:21, « Baumann, John » <xxxxxx@UMKC.EDU> a écrit :

> How interesting.  I have recently met with HR and Affirmative Action at
> my institution (also a public, state institution) about this same issue
> The discussion came about because a PI insisted that she had to hire
> someone named in a grant application.  While her need to hire this
> person was something of a straw dog, the issue itself is very important
> and we wanted to come up with an institutional guideline before it
> happened again.
>
> The consensus here was that naming on a grant has no "legal" authority.
> From the HR perspective, it bypasses the approved institutional hiring
> procedures.  From the Affirmative Action perspective, it constitutes an
> unofficial "waiver" of pre-hire AA review.
>
> Does your HR office approve this process?  What about issues of
> affirmative action review?
>
> John
>
> John R. Baumann, Ph.D.
> Associate Vice Chancellor for Research
> Director, Office of Research Services
> 5100 Rockhill Road  (US Postal Service)
> 5211 Rockhill Road (Courier Service)
> Kansas City, MO 64110
>
> 816.235.1303 (v)
> 816.235.6532 (f)
>

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