Strike General Membership Meeting
Thursday June 21, 2018
5pm-8pm
252 Bloor St. West
OISE Auditorium

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
6. Report by the Strike Committee and Subcommittees on the Conduct of the Strike
7. Treasurer’s Report
8. Report from Bargaining Team on the Status of Negotiations
9. Report from the Executive Committee on the Conduct of the Strike
10. Strategic Discussion + Motions from the Floor
11. 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.

Graduate students have now been on strike for 106 days.

A primary reason for the current strike is the administration’s implementation of the York Graduate Fellowship model, which has negatively impacted all graduate student members.

The York Graduate Fellowship has resulted in the loss of summer paychecks. Members were alarmed to see their minimum guaranteed funding clawed back for accepting additional RA or TA work. The Fellowship has also intensified the reduction of funding for members who have earned departmental and external scholarships, which recognize the merits of their scholarly excellence and academic contributions. Through these clawbacks, the administration has effectively turned the minimum guarantee into a maximum guarantee.

The development and implementation of the Fellowship funding model shortly after the employer signed the 2015 Collective Agreement with CUPE 3903 resulted in the elimination of over 800 Graduate Assistantships (GAs), which are jobs for graduate students. Though claiming the Fellowship has ‘liberated students from work obligations’, it has undoubtedly robbed hundreds of graduate students of invaluable research and professional development opportunities, as well as access to necessary health benefits and funds to support their graduate work. Beyond this, the decimation of Unit 3 GAs has created an atmosphere of distrust in the administration and a perception amongst our members that nothing signed will actually be honoured by the administration.

Further illustrating the administration’s insensitivity to the needs of its students and our members, the negative impact of the Fellowship on equity and accessibility cannot be overstated. Students with code-based disabilities were denied 2-year extensions in the priority pool, despite it being past practice for a decade. That this proposal is being refused by the employer after 106 days on strike is appalling. The union is simply asking the employer to honour a past practice guaranteeing members with disabilities their right of a code-based extension.

If the administration took these concerns about the York Graduate Fellowship model seriously, we would not be in this lengthy strike. If the administration attended to the union’s concerns regarding reprisal language, we would not have further reason to prolong the strike. We call on the administration to make a meaningful attempt to correct the aspects of the Fellowship that have negatively impacted the striking bargaining units and to address the language in their Return to Work Protocol.

Being on strike is not only a draining physical event, but also one that can wear on morale, cause considerable anxiety, and exacerbate depression.

The good news is, it is easier than ever to get help.

Here are a few resources you can take advantage of.

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The newly re-formed Disputes Committee invites members to drop-in to our office hours, this Tuesday (June 19) and Wednesday (June 20) from 10 am – 12 pm, to get information about the options available for members seeking resolution to disputes that have come up within the strike.

Meetings will be with two or more members of the committee, and will be private and confidential. Drop by Strike HQ and we can go grab coffee and talk about the process to resolve your strike-problems.

CONTENTS

Updates

(1) Unit 1 and Unit 3 Remain on Strike
(2) Next Steps Regarding the Irregularities in the Unit 2 Ratification Vote
(3) Accessibility and Human Rights Complaints
(4) CUPE 3903 Hotline Hours

Meetings and Events

(5) Bargaining Team Meeting: June 18
(6) Joint BT-Exec Meeting: June 18
(7) Strike Committee Meetings: June 18 & 20
(8) Anti-Racism Committee Meeting: June 19
(9) Executive Committee Meeting: June 20
(10) Strike General Membership Meeting: June 21

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The re-vote for the Unit 2 ratification vote took place on Thursday, June 14 and Friday, June 15. Members of Unit 2 (contract faculty) have ratified the employer’s Memorandum of Settlement and will return to work on Monday. Unit 1 (Teaching Assistants) and Unit 3 (Graduate Assistants) remain on strike. Unit 2 members who experience problems with their return to work should get in touch with their Chief Steward, Mike Palamarek (cupe3903chiefstewardunit2@gmail.com).

Unit 2 Ratification Vote Results

YES: 239 votes
NO: 122 votes
Total Votes Cast: 361 votes

Next Steps Regarding the Irregularities in the Initial Vote

The Executive Committee is pleased that this re-vote took place without incident and that members of Unit 2 — of all opinions — were able to have their voices heard without any doubts regarding the legitimacy of the count.

In order to ensure that irregularities on this scale are never allowed to occur again, the Executive Committee is contracting an outside investigator to ascertain what took place and make recommendations going forward. We will have more information about this process in the near future once the investigator is selected and criteria are set out.

Accessibility and Human Rights Complaints

The timing of the original vote and the re-vote presented significant accessibility problems because of the short notice of each of the votes. The re-vote also conflicted with Eid-ul-Fitr, therefore limiting participation on religious grounds. CUPE 3903 fully acknowledges that these circumstances rendered these votes inaccessible. Several attempts were made, by both the Executive Committee and the President of CUPE Ontario, Fred Hahn, to ask the employer to extend the deadline in order to provide reasonable religious accommodations.

The employer’s refusal to do so is shameful and in complete contradiction with York University’s stated values. As such, we are seeking further legal advice, and also encourage members who were prevented from casting their votes due to a lack of accommodations on grounds protected by the Ontario Human Rights Code to get in touch our Chairperson, Devin Lefebvre (cupe3903chairperson@gmail.com). The local can provide financial and other support if a complaint is filed.

On Friday, June 15, CUPE 3903 Chairperson sent the employer one more request that they extend the deadline on the Memorandum of Settlement in order to accommodate members observing Eid-ul-Fitr. Within twelve minutes, the employer had already indicated their refusal.

President Lenton,

I am asking again that York University extend the deadline for the ratification of the Unit 2 memorandum of settlement until Monday June 18, to accommodate members celebrating Eid-ul-Fitr.

Marking the end of a month of fasting, today members from all corners of the York community are celebrating the achievements and remembering the sacrifices they have made over the month of Ramadan. It is unconscionable that your Administration would continue to refuse to accommodate members observing this major religious holiday.

You and I know well that the deadline of 6 pm today is an arbitrary deadline, and considering York University’s commitment that no member of the York community be discriminated against on the basis of their faith, I implore you to reconsider our request that the deadline be extended until Monday.

Sincerely,

Devin Lefebvre
CUPE 3903 Chairperson

After close scrutineering by CUPE National, it became apparent that there were significant irregularities with the Unit 2 ratification vote held on Wednesday June 13. Specifically, the number of ballots did not match the number of signatures of eligible voters. The number of irregularities is such that it is impossible to account for the results of the vote with absolute certainty.

On the recommendation of the CUPE National President’s Office, a re-vote will be held by CUPE National on Thursday June 14 between 5 pm and 9 pm and Friday June 15 between 12 pm and 4 pm at Unifor Local 112 (30 Tangiers Rd).

Please note that we are not holding another meeting. Members are invited to cast their vote at any point in time while the polling station is open. Every aspect of the vote will be run by CUPE National staff.

It should be noted that we requested an extension until Monday on the employer’s deadline in recognition that the lack of notice and Eid create significant barriers for these dates. The employer refused to give us longer than until Friday, with no regard to the accessibility needs of the vote.

On Monday, June 11, the Bargaining Team voted to send the employer’s latest offer to ratification on Wednesday, June 13 (Meeting starts at 5 pm, voting will continue until 10 pm, 30 Tangiers Rd). While the circumstances of this decision are less than ideal, there are also serious problems with the offer itself. Therefore, the Executive Committee cannot in good conscience recommend this offer to Unit 2 members. The Executive committee recommends in the strongest possible terms that members vote NO, and reject this offer.

Nothing for Low- to Mid-Seniority Members

The employer’s offer sends all Unit 2 job security proposals to third-party arbitration. While many think that strategic arbitration is useful, sending all proposals to arbitration is not actually a strategy. It is also especially risky for low- to mid-seniority Unit 2 members because of the inclusion of the Continuing Sessional Standing Program (CSSP).

The CSSP is the only program for low- to mid-seniority Unit 2 members, and therefore, of all of our job security programs, it has the greatest impact on our members.

Even though our job security programs for higher seniority members, such as Conversions and Long-Service Teaching Appointments (LSTAs), remain tremendously important, these programs — even at their most successful — were only available to a relatively small number of members (8 Conversions and 7 LSTAs per year in the last Unit 2 Collective Agreement).

Historically, trying to make changes to job security programs in arbitration (like when LSTAs were first established in arbitration in 2009) does not produce good results, as these programs are complicated and require a robust understanding of the university and how it functions, knowledge that is not usually held by arbitrators.

Concessions Remain on the Table

The offer also includes concessions around Technology and Instruction. With these proposed concessions, Unit 2 members could be required to use Moodle or other technology, regardless of whether it was needed, or even useful, for the course. Unit 2 members will lose existing protections around the use of email that allow us to control when and how much to use email. These concessions could significantly increase the number of hours required per course, without commensurate remuneration.

Reprisals Have Already Begun

The Memorandum of Settlement 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. 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.

While this Memorandum of Settlement allows York to initiate reprisals against striking members, it gives people who participated in strike-breaking, therefore benefiting off the backs of our sacrifices and hard work, blanket protection.

Remediation Will Be a Mess

Ratifying this offer would leave Units 1 and 3 on strike. Accepting this offer is not only breaking solidarity with the other units, it would present serious problems and dangers for Unit 2 members. It may also prolong the Unit 1 and 3 strike and the turmoil at York University. Where Unit 2 members are part of teaching teams that include Unit 1 members, either as Unit 2 Course Directors with Unit 1 TAs or as Unit 2 TAs alongside Unit 1 TAs, those courses are not going to be able to resume and students still will not be able to get their grades.

The Memorandum of Settlement also grants the Employer an unspecified level of flexibility in hiring for the Fall and Summer terms, which they could use to undermine our hiring language, our postings language, and our ability to grieve appointments for those terms.

The Executive Committee asks members to reject this offer and give the Bargaining Team the opportunity and the mandate to return to the table to negotiate a fair deal for all three units together.

At the Monday, June 11 joint meeting of the Executive Committee and Bargaining Team, the following motion was passed:

BIRT the Executive Committee and Bargaining Team condemns in the strongest possible terms the backroom dealings of certain members of the Bargaining Team.
BIFRT the Bargaining Team and Executive Committee do not recognize the legitimacy of the decision made by two members of the Bargaining Team in a secret gathering to send the Unit 2 offer to ratification.

The Executive Committee feels it is necessary to provide context for this motion. On Friday, June 6, the Employer re-sent an offer identical to that reached during the 17 hour mediation session, mediated by Kevin Burkett, the previous weekend. This offer had a deadline of Sunday, June 10.

A Unit 2 representative of the Bargaining Team, Maria Wallis, asked for a meeting to take place over the weekend. Several members of the Bargaining Team responded saying that if the meeting was deemed an emergency, they would ensure their attendance. The Chairperson, on extremely short notice, attempted to find an accessible space for a meeting on Sunday. The remaining members of the Bargaining Team never heard back from the member who had asked for the meeting.

On Monday morning, the Bargaining Team and Executive Committee heard from the Employer that they had received a signed Memorandum of Settlement from two members of the bargaining team: Sharon Davidson, who also serves as the Grievance Officer, and Maria Wallis. The two had held a secret “meeting” over the weekend in which they gave themselves the authority to sign the Memorandum of Settlement, without announcing it to the general membership, or achieving quorum, and despite the fact that the secret meeting violated several aspects of the CUPE 3903 bargaining parameters, CUPE 3903 bylaws, and the CUPE Constitution.

This decision, by two members of the Bargaining Team, is as unacceptable as it is incomprehensible — a motion to send the Unit 2 offer to ratification could have passed without a shady, inaccessible secret meeting. It could have legitimately taken place either on Sunday, after an accessible location was found, or at Monday’s BT/Exec meeting.

A new unit-specific motion did pass on Monday after the above condemnation motion. As such, there will be a ratification vote held for Unit 2 on Wednesday June 13 at Unifor Local 112 (30 Tangiers Rd).

This ratification vote is the result of a legitimate vote at an announced meeting with quorum, not as a result of back room deals over the weekend.