Remediation FAQ

You can access the Remediation Work Form here: Word doc or PDF

*NEW* When can I expect my remediation pay?

Payroll is processing an out-of-cycle payment for remediation pay, which is scheduled for July 9th, 2018.

I have returned to work, but the remediation period does not start until the end of July. What do I have to do between now and July 23rd?

  1. Unit 2 members are expected to demonstrate their willingness to work by attending office hours each week until (and then also during) the remediation period.
  2. Course Directors must submit their Remediation Plan for approval by the Dean’s office by noon on Friday June 22nd.
  3. Submit all completed grades by emailing your class list with grades to: yugrades@yorku.ca.
  4. Complete all outstanding grading of work submitted before or during the strike. This only applies to work submitted to you directly, not to your TAs.
  5. Review any assessed grades that were self-submitted by students during the strike. Assessed grades can be reviewed at https://agr.uit.yorku.ca.

Do I have to submit the Remediation Plan to get paid the 65% lump sum if I do not plan to have classes during the remediation period?

According to the MoS all members of Unit 2 must have committed in writing to returning to work (including using York’s https://cupejobs.uit.yorku.ca/remediate/ link) in order to receive the payment. If you are a Course Director you must also complete and submit a remediation plan as explained in the Institutional Remediation Guideline for Course Directors, outlining your planned course of action for completing classes (see 2 above).

Do I have to provide in person lectures during the remediation period?

We have received word that at least the Faculty of Liberal Arts and Professional Studies (LAPS) is insisting that lectures be provided in person during the remediation period. Check with your faculty or department to see whether other arrangements can be approved if that is not feasible.

I have Unit 1 TAs in my course, but the Chair is asking me to complete work assigned to them (either by collecting new assignments from students, or by grading already submitted work). Do I have to do this?

No. Article 9 of the Unit 2 Collective agreement prohibits employees from being required to do the work of a striking employee in another unit:

“9.02 In the event that any employee of York University, other than those covered by this agreement, engages in a lawful strike and maintains picket lines, employees covered by this agreement shall not be required to perform work normally done by that employee.”

All members should exercise this right. It is not only a matter of solidarity with our Unit 1 colleagues and giving them the chance to finish and be paid for their work, but also of avoiding unpaid overwork.

I am a Unit 2 TA. Do I have to submit a remediation plan for my tutorial(s)?

No. You should consult with the CD in the course about their remediation plan. Once you have your assignments for the remaining portion of the year and complete your marking/invigilation/teaching then you must complete the Remediation Work Form outlining what you did and how many hours you spent in remediation. This must then be signed by the CD and submitted for administrative approval. The Administration will then determine how much of the outstanding 35% of your pay you will receive based on their response to the CD’s remediation plan.

Do I need to submit a remediation plan and/or a Remediation Work Form in order to qualify for Summer 2018 hiring if any work becomes available?

According to the Memorandum of Settlement, you need to have committed in writing to completing the Remediation Work Form. That implies that if you are a Course Director you will have to have submitted a remediation plan. If you are a TA you will have to have discussed remediation with your CD and agreed to complete the outstanding work. Be sure to do that in writing.

“Unit 2 members must commit, in writing, to completing a remediation form for outstanding Fall/Winter and Winter 2018 course(s) so as to be eligible for Summer Term assignments.” – MoS p. 9

Under this remediation process I have to do more work hours than my original contract, yet I may only be getting 65%-100% of the pay I would have received for completing that work. What can I do?

Log all hours you spend on York business (including departmental and student emails) meticulously. Then contact the staff and/or your Chief Steward. That would have to be addressed by the local as a problem of implementation through the disputes resolution process under an arbitrator rather than as individual grievances. Our legal counsel is aware of this potential problem.

If remediation continues until August then what about my benefits? Do they then extend an additional 5 months beyond the end of the assigned remediation period?

Our legal counsel is of the opinion that the commitment to complete remediation constitutes the resumption of an interrupted contract; thus, the benefits extension should apply. The employer has been queried on this to confirm. We will update the FAQ once their response is received and we have determined whether or not this has to be brought before the arbitrator.

Can I be required to record my classes or tutorials and distribute those recordings to students?

No. The Memorandum of Settlement brings the terms of the Collective Agreement into effect. Article 10.05 gives you the right to refuse to use technological delivery methods unless it is required for the type of course you are teaching. You cannot be forced to violate the Collective Agreement because it is convenient for remediation. Students in your tutorials also cannot be recorded without their permission, so it would require your consent and their unanimous consent.

How much money am I owed by committing to return to work (outside of remediation)?

At a minimum, you are owed:

  1. 2.1% of your September, October, November, December, January, February, and partial March paycheques (the 2.1% pay increase set out in the Memorandum of Settlement for 2017-18 is retroactive). If you have more than 5 years of service you are also owed an additional 2% of the gross (post increase) for the long-service vacation pay increase.
  2. 65% of the total of your remaining March paycheque, and your April paycheque, including the 2.1% increase. If you have more than 5 years of service you are also owed an additional 2% of the gross for the long-service vacation pay increase.

Any remediation pay that is earned during the remediation period should be calculated on top of that amount, once again, including the 2.1% pay raise (and if applicable the additional 2% vacation pay increase).

Approximate Pay Increases (Before Deductions)

Position 2016-17 Base Pay Pay Increase Vacation Pay Total Monthly
Course Director $16,779.00 $352.36 $685.25 $17,816.61 $2,227.08
Course Director (5+ years of service) $16,779.00 $352.36 $1,027.88 $18,159.24 $2,269.91
Tutor 1 $5,609.00 $117.79 $229.07 $5,955.86 $744.48
Tutor 1 (5+ years of service) $5,609.00 $117.79 $343.61 $6,070.40 $758.80
Tutor 2 $6,019.00 $126.40 $245.82 $6,391.22 $798.90
Tutor 2 (5+ years of service) $6,019.00 $126.40 $368.72 $6,514.12 $814.27

Approximate Pay Owed per Assignment (based on 8 month contract)

Position Salary Back Pay
Sept 1-Mar 4 (6.13 mos)
Vac. Pay Lump Sum 65% Remediation
(of 1.87 months)
Total
Course Director $270.00 $14.09 $2,707.02 $2,991.11
Course Director (5+ years of service) $270.00 $356.72 $2,759.08 $3,385.80
Tutor 1 $90.26 $4.71 $904.92 $999.89
Tutor 1 (5+ years of service) $90.26 $119.25 $922.32 $1,131.83
Tutor 2 $96.38 $5.06 $971.06 $1,072.50
Tutor 2 (5+ years of service) $96.38 $127.96 $989.75 $1,214.09

Base remediation pay would be 65% of the adjusted monthly totals for of March (27 Days or 87%) and all of April.