The Ontario Ministry of Labour granted the York University administration’s request for a "no board" report on July 16. While this was expected, given the Employer’s request for a no board report on Friday July 12th, it is disconcerting that the Employer initiated such a process when bargaining, and subsequently conciliation, had barely begun. This is the latest in a series of aggressive moves on the part of the Employer, in a continued deviation from past practices of engaging in standard bargaining processes to reach a negotiated renewal of YUFA’s Collective Agreement.
What is a No Board Report?
A no board report is a formal notice issued by the Minister of Labour, at the request of one of the parties, to convey its decision not to appoint a conciliation board to deal with a labour dispute. It commences a 17-day period after which the parties may legally begin a strike (by the Union) or a lockout (by the Employer). After the Minister sends the “no board” notice to the parties, the Union and the Employer continue to have a duty to bargain in good faith and attempt to reach an agreement.
On the 17th day following the no board report, any or all of the following could legally occur:
- the Union could call for strike action, provided it has taken a strike vote and more than 50% vote in favour of strike action (Note: strike action can range from work-to-rule up to a full withdrawal of services).
- the Employer could lockout its employees and refuse to pay us.
- the Employer could make unilateral changes to the collective agreement, thus likely triggering a strike if a successful strike vote has been taken.
- the Union and the Employer often continue to bargain.
- If the Union does not have a successful strike mandate vote, the Employer could simply impose new terms without locking out the workers at all. This is what happened at the University of Windsor. A successful strike vote will enable YUFA to defend members against new terms imposed in this way.
At any point during negotiations, the Union and the Employer can mutually agree to send unresolved issues to binding arbitration. The Employer also has the option to put a ‘final offer’ to a vote by union members. It can only do this once, and if the members do not approve the offer, and they have approved a strike vote, they can then go on strike to obtain a better negotiated settlement.
Typically a no board report is requested once bargaining processes have completely broken down. When a union files for a no board, it is usually done in order to initiate a strike. When the Employer files for a no board report, it is either to force a ratification vote on their desired changes to the Collective Agreement OR to lockout employees.
YUFA’s Special General Membership Meeting on July 23 is members’ opportunity to discuss our options and prepare to protect our Collective Agreement.
Support our bargaining team by voting YES in the online strike mandate vote (July 23-26).
Recent arbitration awards at other universities reveal how deplorable the Employer’s current offer to YUFA is:
– An arbitrator at Toronto Metropolitan University on July 16 decided the following salary increases for colleagues at TMU:
2023-24: 3.5%
2024-25: 3.0%
2025-26: 3.0%
This represents a nearly 10% increase over three years for TMU faculty. TMU colleagues’ progress-through-the-ranks (PTR) increments will also increase by $50 per year. Their annual PTR is already higher than YUFA’s.
– At the University of Waterloo, an arbitrator completely dismissed the Employer’s argument that it was in a financial crisis, and awarded faculty a 4.7% increase in 2024-25 and 3.6% increase in 2025-26.
This is more than twice what the Employer at York has offered YUFA for the same two-year period.
– At York University, the Employer proposes to pay YUFA:
2024-25: 0%
2025-26: 3.95%
2026-27: 1.85%
The Employer’s salary proposal is way out of line with other universities’ pay settlements, growing inflation, and the high cost of living in the GTA. There is plenty of evidence that York University is not too broke to pay YUFA members fairly. At this point, the Employer’s actions are effectively forcing YUFA to take a strike mandate vote. A strong strike mandate shows the Employer that YUFA colleagues are united in their desire to engage in good faith bargaining towards a fair renewal of our collective agreement.