Unit 2 remediation overwork claims: Post-strike procedures

Because the York University Senate attempted to re-open classes mid-way through the strike there is potentially a lot of extra work that Members of Unit 2 will have to do, or be asked to do, before the end of the semester. Outlined below are the steps to take to make a claim for pay for that work.

Classes that resumed on or before March 23

The Employer has developed a procedure to claim pay for overwork for courses that resumed on or before March 23, 2015. Members of Unit 2 who wish to make a claim for Remediation Overwork will be asked to submit a remediation plan to the appropriate Dean or Principal.

Senate policy 008 allows students to decide wether or not they want to cross the picket lines, resulting in some students receiving instruction during the strike and others not. Potential overwork, in the eyes of the Employer, will come from having to duplicate instructional time, evaluation, office hours, etc., with or without modification, in order to accommodate the students that decided not to cross the lines. As a result, members of Unit 2 are asked to submit a remediation plan that contains the following information:

  1. Date on which course resumed;
  2. The number of students requiring remediation;
  3. The form(s) of remediation instruction that will be provided; e.g., lectures, seminars, tutorials, studios, labs, unsupervised directed reading, review sessions, etc.;
  4. The number of instructional contact hours associated with each form of remediation provided;
  5. Additional preparation time required;
  6. Additional examination time required;
  7. Additional marking time required; and
  8. Other alternative forms of remediation and time required; e.g., posting lecture notes on the web; e-mail office hours and/or correspondence.

Members will be asked to include the following signed statement: “I declare that the information set out above is as accurate as I can practicably determine.”

Remediation plans should be submitted no later than June 15, 2015. The Employer’s Procedure will be posted on the Faculty Relations website.

Classes that resumed after April 1

The Employer’s position is that, except in exceptional circumstances, remediation overwork arises when teaching activities (instruction, evaluation, office hours, etc.) conducted for courses that resumed on or before March 23, 2015 have to be repeated, with or without modification, during the remediation period for those students who did not attend classes during the strike. The Employer’s position is that for those Members who resumed classes on or after April 1, 2015, are simply completing their courses and not repeating teaching activities conducted during the strike.

3903’s position is that additional teaching has been required by Unit 2 members during the remediation process for all courses, not simply those that resumed on before April 1, 2015. Extra work has been required to reformat classes, tutorials, labs, etc., and to maintain the academic integrity of instruction. Members who resumed classes on or after April 1 and believe that they have a basis for a remediation overwork claim can petition the appropriate Dean or Principal to have an overwork claim considered. The petition to the Dean should include a description of the number of additional hours worked and nature of the work performed.

The Employer will likely take the position that the shortened term, remediation plans that reduce the number of assignments in the course, and the use of “Assessed Grades” for those students who cannot continue classes after April 30, 2015 may offset any increase in workload caused the need to modify classes and accommodate various students’ needs. Where possible, your petition to the Dean should address the specific circumstances that give rise to your claim for overwork pay despite these factors.

CUPE 3903 will file grievances on behalf of members whose petitions and overwork claims are denied.

Working after the end of the semester

Article 12.20 of the Unit 2 CA guarantees payment at the marker/grader rate where a Member is required to work after the “formal termination date” of their individual contracts. This article is normally applied to address grade appeals, cases of academic dishonesty, and other circumstances where a Member is require to perform work after the end of a course.

The work associated with grading final assignments and exams for fall/winter and winter semester, will not be compensated as overwork unless the assignment or examination is submitted or conducted after the course is actually completed. In most cases, the course will be considered completed the day on which final grades are submitted – roughly a week after the dates currently set as the end of the semester. Work performed by Unit 2 members after the submission the final grades for the Fall/Winter and Winter terms may be paid as overwork, just as it would be in normal circumstances.