Because the York University Senate attempted to re-open classes mid-way through the strike there is potentially extra work that Members of Units 1 and 3 may have to or may be asked to do, before the end of the semester. Outlined below are the steps to take in the event of overwork.
As part of the completion of negotiations 3903 and the Employer agreed to a back-to-work protocol that was to be followed by all course directors when members of Unit 1 returned to work. Before tutorials, labs, marking, etc., resumed, course directors were to:
- Have a meeting with all Unit 1 Members under their supervision in order to discuss remediation plans; and
- Do so with reference to the workload forms that were filled out at the beginning of each Member’s contract (the workload form is Appendix 1 of the Unit 1 CA).
If this hasn’t already happened, you should request a meeting with your supervisor as soon as possible. Completed workload forms are designed to help ensure that Unit 1 members do not work more than 135 hours/semester. If more than 135 hours are required in order to complete your contract this year, you are entitled to overwork pay at the rate of approximately $40/hour (article 10.04.1 of the U1 CA). Any overwork done by Unit 1 Members has to be approved by each department. If a department refuses to pay for overwork, you are entitled to refuse to do that work.
In some cases some Unit 1 Members returned to work before the end of the strike and did the work of those who remained on the picket lines. If you remained on the lines, you are not required to ‘replace’ the hours for the work other Unit 1 or Unit 2 Members did in your stead. No Member of 3903 can be required to take on the work of others who are on strike (as per article 9.02 of the U1 CA) and no such replacement work should have been taking place. You are only required to fulfill the duties outlined in your workload form, and then only so long as those duties do not exceed 135 hours each semester. If you are asked to ‘replace’ hours, the Union will file a grievance on your behalf and prevent that from happening.
As part of the back-to-work parameters negotiated at the end of the strike, Unit 3 Members (GAs and RAs) should have been invited to meet with their supervisors before beginning to complete their contracts. This meeting should include looking over workload forms. If you have not had such a meeting, you should request one as soon as possible.
Like members of Unit 1, those in Unit 3 cannot work more than 135 hours a semester, and cannot work more than 10 hours per week. If completing your GA or RA assignment means doing more than these many hours, you are entitled to overwork pay (as per articles 10.02(c) and 15.05) – approximately $37/hour.
If your GAship or RAship can’t be finished by the end of the semester because of the restrictions on the number of hours that can be worked per week, and your supervisor insists that the work be completed after the semester ends, they are required to meet with you and a representative from the Union in order to agree upon a schedule (as per article 15.06 of the U3 CA).