Strike General Membership Meeting
Thursday July 12, 2018
5pm-8pm
Location: Unifor Local 112 (30 Tangiers Rd)

Agenda

1. Roll Call of Officers
2. Reading of the Equality Statement
3. Reading of the Mississauga Land Acknowledgement
4. Approval of Agenda
5. Approval of July 5, 2018 GMM Minutes
6. Report from Executive Committee on the Conduct of the Strike
7. Treasurer’s Report
8. Election of Trial Panel and Selection of Trial Committee
9. Report from Bargaining Team on the Status of Negotiations
10. Report by the Strike Committee and Subcommittees on the Conduct of the Strike
11. Strategic Discussion + Motions from the Floor
12. Adjournment

Please contact Sheila Wilmot at cupe3903.equity.officer@gmail.com or at 416-736-5154 ext. 3 if you require any of the following: ASL interpretation, reimbursement for childcare/caregiver/attendant care, and/or transportation costs for members who are unable to secure Wheel-Trans, or other requests for accommodation.

Strike General Membership Meeting
Thursday July 5, 2018
5pm-8pm
30 Tangiers Rd.
UNIFOR 112

Agenda

1. Roll Call of Officers
2. Reading of the Equality Statement
3. Reading of the Mississauga Land Acknowledgement
4. Approval of Agenda
5. Approval of Minutes
   1. June 27, 2018 SGMM Minutes
6. Ongoing Business
   1. Motion to amend bylaws to include to include recall language for Executive
   2. Motion to reallocate funds from the strike budget to the Flying Squad
7. Report by the Strike Committee and Subcommittees on the Conduct of the Strike
8. Treasurer’s Report
9. Report from Bargaining Team on the Status of Negotiations
10. Report from Executive Committee on the Conduct of the Strike
11. Strategic Discussion + Motions from the Floor
    1. Discussion About Accessibility During the Strike
12. Adjournment

Please contact Sheila Wilmot at cupe3903.equity.officer@gmail.com or at 416-736-5154 ext. 3 if you require any of the following: ASL interpretation, reimbursement for childcare/caregiver/attendant care, and/or transportation costs for members who are unable to secure Wheel-Trans, or other requests for accommodation.

CONTENTS

Updates

(1) CUPE 3903 Hotline Hours

Meetings and Events

(2) Bargaining Team Meeting: July 3
(3) Joint BT-Exec Meeting: July 3
(4) Anti-Racism Committee Meeting: July 3
(5) Unit 1 and 3 Townhall: July 3
(6) Executive Committee Meeting: July 4
(7) Strike Committee Meeting: July 4
(8) Strike General Membership Meeting: July 5

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There is no obligation for members to participate in strike duties on Monday July 2, which is a holiday. However, for those who want or need a shift in order to fulfill their picketing hours, there will be a single shift at Main Gate from 10 am to 2 pm. If you are on the 8th Line and have questions about strike duties over the holiday, please contact your picket captain.

CONTENTS

Updates

(1) CUPE 3903 Questions the Employer’s “Principled” Stance
(2) Remediation FAQ
(3) Unit 2 Deadline for the Strike Hardship Fund
(4) CUPE 3903 Hotline Hours

Meetings and Events

(5) Executive Committee Meeting: June 27
(6) Bargaining Team Meeting: June 27
(7) Strike General Membership Meeting: June 27
(8) Strike Committee Meeting: June 28

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On Wednesday June 27, the Executive Committee sent a letter to President Lenton challenging the idea that the administration’s resistance to negotiating is a principled stance. Considering the few proposals that remain on the table, the principles that appear to be espoused are: impeding a survivor-centric response to sexual violence, denying human rights, union-busting and making graduate education accessible only to the increasingly privileged, and suppressing dissent.

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CONTENTS

Updates

(1) Remediation FAQ
(2) Unit 2 Deadline for the Strike Hardship Fund
(3) Disputes Committee Office Hours
(4) CUPE 3903 Hotline Hours

Meetings and Events

(5) Bargaining Team Meeting: June 25
(6) Joint BT-Exec Meeting: June 25
(7) Strike Committee Meeting: June 25
(8) Anti-Racism Committee Meeting: June 26
(9) Executive Committee Meeting: June 27
(10) Strike General Membership Meeting: June 27

Continue reading →

This FAQ pertains specifically to Unit 2 remediation. For remediation for Unit 1 and Unit 3, see the Remediation Information page.

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

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)

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

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

CONTENTS

Updates

(1) BT Response to the Employer’s Latest Offer
(2) CUPE 3903 Bargaining Team Letter to the Membership
(3) Remediation to Begin July 23
(4) CUPE 3903 Hotline Hours

Meetings and Events

(5) Strike Committee Meeting: June 20
(6) Strike General Membership Meeting: June 21

Continue reading →

Unit 1 and 3 representatives of the CUPE 3903 bargaining team have rejected the employer’s latest offer. The following sets out the reasons for this decision, which are in keeping with the direction that the bargaining team has so far received from the membership.

1. Is this a new offer?

This offer is simply a reiteration of past offers which were ultimately rejected by the bargaining team and membership. Re-sending the same offer with changed deadlines does not mean York is sending new offers. The employer’s strategy appears to be trying to overwhelm the membership with information while also forcing the bargaining team to re-engage with previously rejected offers. On June 2, the bargaining team worked relentlessly to provide the employer with a framework for settlement that removed what they had identified as barriers to settlement. This sizeable movement was not answered in kind by the employer.

2. Inclusion of the Fellowship Model in the Collective Agreement

The employer continues to refuse to include a Letter of Intent which would enshrine the Graduate Fellowship funding model into the collective agreement (CA). This Letter would clarify the amounts of the Fellowship payments, establish protections for Master’s students who are also Unit 1 members, and provide protections from clawbacks. York’s refusal to include the Fellowship model in the CA is very concerning because it means they can continue to make arbitrary changes to our funding without consultation. We are not willing to let a third-party arbitrator decide on this matter. In similar arbitrated decisions, such as the CUPE 3902 (University of Toronto) strike in 2015, third-party arbitrators normally uphold the employer’s position, which is that student and employment funding are two separate matters. The employer’s perspective on graduate student funding is exceptionally problematic considering that our status in the priority pool, which guarantees our six years of student funding, is guaranteed through the acceptance of a TAship and inherently tied to work.

3. Priority-Pool Extensions on all Human Rights Code-Based Grounds

The bargaining team is not willing to send the issue of 2-year priority pool extensions based on all code-based grounds to a third-party arbitrator. Unit 1 members used to receive 2-year priority pool extensions on disability-based grounds. The employer began denying these extensions to members during the last contract period and have refused to address it in this round of bargaining. The bargaining team will not tolerate this blatant attack on some of the union’s most vulnerable members and we are absolutely astounded the employer would not agree to something they had done previously.

4. Graduate Assistant Protections

The bargaining team is not willing to send Proposal 48, which is the proposal meant to establish some protections for Unit 3, to arbitration. The removal of Graduate Assistant and Research Assistant opportunities was a strategic move by the employer to reduce administrative costings. We have not had any meaningful dialogue or seen movement on the subject of Proposal 48 from York this bargaining round. Instead, the continual obfuscation of the subject by claiming that bargaining for Unit 3 members via graduate and research assistant opportunities is out of scope has been a barrier to settlement for Unit 3.

5. Technology Language

This employer is still proposing to delete paragraphs from the CA which give tutorial leaders autonomy over technology and the usage of email as a mode of communication with students. Deleting clauses from the CA is a concession plain and simple and while the bargaining team is aware that many TAs do use email extensively, we wish to reserve the right to set the email policy and not face disciplinary action for engaging with technology in a way that the tutorial leader deems makes pedagogical sense. The bargaining team is not willing to let a third-party arbitrator decide whether or not to delete clauses from the CA.

6. Reprisals and Remediation

The offer does not adequately protect our members and allies from reprisals from the employer. Members have already been contacted about Code of Conduct violations for sending mildly mean tweets to a public figure’s public Twitter account, an action construed as contributing to an ‘unsafe’ workplace. If this is the line York is willing to draw, anyone who participated in any kind of strike duty or strike support (on the picket line or online) is open to employer reprisals under the return-to-work protocol in this offer. The employer’s inclusion of reprisal language for undergraduates in this offer does not offer any real protection but instead should be read as a guarantee that they will persecute undergraduates and York employees under York Policy who have shown the union solidarity during the strike. Additionally, the employer has refused to clarify whether or not Unit 1 members will receive remediation pay if their courses continued and were completed during the strike. Since Unit 2 ratified, we now can confirm that remediation will not begin until July 23, which negates the employer’s threats of diminishing returns in relation to remediation.