Strike mandate vote, strikes and lockouts FAQs

Both conciliation and mediation are ways for a third party to help with negotiations and to identify the terms of a possible settlement.

Conciliation is required by the Labour Relations Act before a strike / lockout position becomes legal. A conciliator is a government-appointed third party that assists the two sides in clarifying their positions to each other. Mediation is not legally required, but is available if the two sides voluntarily agree.

A mediator (often the same person as the conciliator) takes a more active role in negotiations, suggesting possible ways to settle the issues in dispute. However, neither a conciliator nor a mediator has the power to impose a settlement. Both conciliation and mediation are phases in the overall negotiations process.

A lockout occurs when the Employer denies employees access to the workplace and stops paying them in order to exert pressure on the union and its members to settle on the Employer’s terms. Lockouts have been rare in the university sector in Canada but it is a legal option open to our Employer. The Employer can lockout its employees 17 days after a no-board report has been issued.

Once in a legal lockout position, the employer can impose new terms and conditions of work without locking out the workers at all. The workers would then come to work under these new terms. If a successful strike vote has not been taken then the workers cannot strike in response to this move by the employer.

Employers have two other options once a legal strike/lockout deadline has passed:
• Impose a lockout. During a lockout, the Employer can invite members to continue working (scabbing) on whatever terms the Employer sets, including terms different from or lesser than those contained in the prior collective agreement, but members can say no to those terms thereby remaining locked out. Such terms would only remain in effect until the lockout/strike ends and a new collective agreement is ratified. YUFA can sanction members for scabbing.
• Ask the Ministry of Labour to conduct a supervised final offer vote (i.e. forced ratification vote), which would require the union membership to vote on the Employer’s final offer, independent of whether the Executive or Bargaining Team thought it was a good offer to present to members. An Employer can only use this option once during a bargaining round.

YUFA members can go on strike if a fair and equitable deal cannot be reached at the bargaining table (following a strike mandate vote and no-board report). Members must impede the function of the university as much as it is safe and ethical to do so, including withdrawing our labour from York University. This withdrawal of labour includes: service to the university; regular job duties (teaching, grading, supervision of students and employees), and as much peripheral research activity as possible.

It is key to withdraw as much of our labour as possible from York University in order to motivate the employer to bargain and offer a fair deal.

Binding arbitration is when the union and Employer agree that a third party — an arbitrator — will decide the terms of the new collective agreement. In sectors where the workers are delivering what the government has determined is an essential service, binding arbitration is mandatory and strikes and lockouts are illegal. In all other sectors, including the university sector, binding arbitration is voluntary and must be agreed to by both sides. Amongst unions, binding arbitration is generally seen as a poorer alternative to using the collective power of membership to get an acceptable settlement. There are some faculty associations in Ontario who routinely use binding arbitration to settle their negotiations (University of Toronto, McMaster, Waterloo, and sometimes Toronto Metropolitan University), but their collective agreements are generally weaker on salary, benefits, internal grievance processes, and rights under tenure and promotion.

A strike mandate vote sends a strong signal to the Employer (and in our case the mediator) that the members support YUFA’s Bargaining Team and their firm stance on our key priority issues. A strike vote is a negotiating tool to put the maximum pressure on the Employer to come to a fair and equitable settlement with the union. It signals that the membership is willing to engage in actions to win a collective agreement with terms that meet our needs and interests.

A strike vote is necessary even during a lockout to preserve YUFA's ability to resist the Employer's impositions of unfair terms and conditions of work. Once in a legal lockout position, the employer can simply impose new terms without locking out the workers at all. The workers just then come to work under the new terms. If a successful strike vote has not been taken then the workers cannot strike in response to this move by the employer.

A strike vote asks the membership whether they will give their Executive the authority to call a strike if and when the Executive decides it is absolutely necessary. The Executive can only call a strike if a majority of those voting in a strike vote say yes. A positive strike vote is known as a strike mandate. Once a strike mandate is given, the Executive does not have to come back to the membership for further authorization to use this mandate.

The last time YUFA held a strike vote was in 2021. Prior to that, YUFA held a strike vote in 1997.

A lockout or a strike may be called 17 calendar days after the “no board” report is issued. The Employer can impose a lockout anytime from then on (see FAQ what is a lockout?). The union can take strike or other job action after this point (see FAQ what is a strike?), but with the added requirement of having had a successful strike vote (see FAQ what is a strike vote?)

All members of YUFA’s bargaining unit — meaning all those who are covered by the terms of YUFA’s collective agreement — are eligible to vote in both the vote in the strike vote. Appendix A in our collective agreement provides a list of those who are excluded from our collective agreement and therefore from voting in a strike vote.

It is becoming much more common for unions of faculty and librarians to take strike votes. Many faculty associations across the country and in Ontario have asked for—and received—a strike mandate to put their Bargaining Team in a stronger position in negotiations.

Most recently, UOITFA commenced strike action February 10, 2022 following an 80% strike mandate vote, and reached a tentative agreement on February 20, 2022.

No. Even if a majority of the membership votes yes in the actual strike vote, the vote itself does not automatically trigger a strike. A strike is triggered only if the Executive decides it is necessary. As well, a strong strike mandate—with a high turnout of members and a high percentage voting in favour of a strike—is considered the best way to avert an actual strike, because it signals to the Employer how committed the members are to progress on their key issues and gives them an incentive to make a better offer. The Bargaining Team can keep negotiating with a strike mandate in hand in order get a better deal and avert an actual strike. If the Executive believes that the Employer has made an offer that should be brought to the membership for a potential ratification vote, this can also mean that the strike mandate is not actually used.

If we fail to get a strike mandate, negotiations for all intents and purposes will be over. Without a strike mandate, the Employer will have no incentive to offer us contract terms that meet our members’ interests and priorities. They will be able to set the terms of the agreement in their favour. They could impose their preferred terms on the issues that have been discussed at the bargaining table or they could ask for a Ministry-supervised final offer vote. Our Bargaining Team could return to negotiations, but the Employer will know that they don’t have the members’ support. This will certainly put a limit on any progress we wish to make in this round of bargaining, and could in fact undermine our ability to make gains in future rounds.

There is no legal barrier to holding a second strike vote if the first one fails. For instance, if the Employer attempts to impose a contract after a failed strike vote, this might anger the membership enough to trigger the desire for another strike vote. However, a failed strike vote could dramatically diminish what the Employer will feel it needs to offer a fair settlement to members. The more reluctant the Employer (and our Bargaining Team) thinks that YUFA members are to take job action, the greater the likelihood of a poor settlement.

For the strike vote, our constitution requires that the vote itself be conducted by secret ballot electronic vote. The strike vote process must also begin with a meeting whose sole topic is the question of the strike vote. All eligible members will receive an email with instructions on how to vote in the electronic ballot.

A legal strike can begin 17 calendar days after a no-board report and after a positive strike mandate vote. An exact date will be announced in the future if the Employer does not offer a fair settlement.

1. The collective agreement must have expired;
2. A Conciliation Officer must have been appointed and a “no board” report issued; and
3. A strike vote must have been held, with a majority of those voting in favour.

No. If both sides agree, bargaining can continue after there is a strike mandate. It is the intention of both the Executive and Bargaining Team to continue bargaining if we get a strike mandate. In fact, having a strike mandate helps the bargaining process to work, as it creates additional pressure to find an settlement acceptable to both sides.

YUFA needs reliable contact information for its members in the event of a strike to communicate effectively, coordinate actions and deal with issues processing strike pay. Although York has not blocked faculty email in the past, that is not guaranteed and the Association must ensure that it is still able to communicate with members. Stewards and members can provide YUFA with updated non-yorku email addresses to [email protected].

If a strike is called or the Employer has locked out members, the Employer will no longer pay us.

YUFA Strike Pay or Lockout Pay will be announced prior to the calling of a strike (it is non-taxable). To be eligible, members will participate for 4 days for 4 hours of onsite and/or remote participation (for those needing accommodation) in strike/lockout duties during weekdays. Members are encouraged to participate for 5 weekdays, if possible, although this would not result in additional strike pay. Members are also strongly encouraged to participate in in-person picketing on campus. Pro-rated strike pay will be available for reduced hours.

Members would also be expected to respect the picket line to receive strike pay.

Members on work visas are entitled to participate in a legal strike and to not have their work permits affected.

YUFA will hire an external payroll company to process strike benefits. Members will be invited to provide direct deposit information for strike pay. Members who do not provide direct deposit information will be mailed cheques.

You must perform strike duties to receive strike pay.

Yes. YUFA members will retain access to all normal health benefits during the strike. Health benefits will be accessed through Sun Life as normal but the Association will need to reimburse the Employer for any health benefit costs during the strike. This will need to be negotiated in a strike protocol.

This would have to be negotiated as part of a back to work protocol but YUFA would take the position that the period of the strike should be counted as continuous, uninterrupted service for pension purposes.

A strike protocol is set of ground rules that can be negotiated between the union and the Employer to govern the conduct of a strike. There is no legal requirement to negotiate such a protocol, or to include anything in particular in it. Issues that commonly feature in a strike protocol at a university include the length of time picketers can delay access to campus, the continuation of strikers’ benefits during strike action, continued access to employer-provided email, and the conditions under which strikers may access their offices or labs.

The length of a strike is something we cannot predict. It depends on how strong the strike effort is and how much pressure it puts on the Employer to settle. The longer a strike lasts, the more the members have to weigh the costs of staying out versus the costs of returning to work with a settlement that may not meet all their goals. The YUFA Executive has the right to decide when to discontinue a job action once it has started, but clearly it will do this in consultation with the membership.

Picket lines are primarily a means to communicate our grievances and to seek support for the strike. Picket lines are a way to build solidarity within the bargaining unit and with other supporters. Picketing involves attending a site at the entrance of campus to provide information and give visibility to YUFA’s demands. Your picket captain will give you directions on picketing procedure, and you should follow that direction. At all times, remain professional, courteous and non-confrontational. YUFA members have the right to walk the picket line, and the public has the right to cross it. Members can try to dissuade people from crossing the picket line by sharing information about why YUFA is on strike and what the issues at hand are. If there are any problems, the picket captain should be notified.

In preparation for possible strike action, the YUFA Mobilization Committee is organizing a picket captain training workshop on [day, month, year]. All members are invited to learn more about picketing and the role of the picket captains. Picket captains take on leadership roles in answering questions, tracking picketing activity, and helping to keep morale strong and united. No prior experience is required. You do not need to hold any union positions or have formal leadership experience. In fact, this is a great way to gain experience if you are looking for it! Contact [email protected] for Zoom link details.

Members with disabilities can perform in-office or remote strike duties which will involve various tasks, from assisting at the strike headquarters, to performing data entry and clerical work, engaging in social media, other communications work, securing materials, coordinating logistics, responding to questions online, researching bargaining and other university background information,coordinating actions and events, coordinating material support for the picket lines, etc.

The YUFA job action survey will invite you to indicate if you are physically able to picket, and if not, what particular skills or interests you may have so that we can best assign you to virtual strike duties. Not everyone can be guaranteed to be assigned to an area of interest.

The safety of a picket line is first and foremost in all of YUFA’s organizing. The picket line should not be a dangerous place. It should be orderly and disciplined. Sometimes, people who are being delayed at a picket will shout abuse or get angry. Picket captains are trained and equipped to deal with any incidents that might occur on the picket lines. Maintaining an orderly picket under the direction of your picket captain will maximize everybody’s safety.

Picket locations are still being identified and picket schedules are being developed. A survey will be circulated shortly to indicate your availability to picket. We anticipate that picket locations will be assigned by Unit. Once assigned a picket location, please only picket at that location. Picket pay will be processed based on location and ensuring adequate numbers at each picket site is essential to ensuring safety of all colleagues on picket lines.

Faculty members should not park on campus while picketing. Depending on your picket assignment there are many nearby parking lots available and some on street parking. If you have mobility restrictions that require close proximity to your picket location, please indicate your needs on the forthcoming picket survey.

Members who have children who attend one of the daycare centres on campus can contact YUFA to receive a picket pass enabling them to go on campus to drop off and pick up their children via an expedited lane earmarked for this purpose.

Faculty members are not expected to access campus during the strike. Those members who require access to campus where loss of access would cause irremediable harm to their research (such as the loss of life or decomposable materials) must notify their Dean as soon as possible and ideally no later than [date, month, year]. Members who do so shall be allowed access to the facilities usually associated with their research.

No. You are participating in a legal strike as part of your union at your place of employment. Your work permit should not be affected. If you anticipate your work permit expiring during the period of the strike (e.g. March or April 2022), we advise initiating the paperwork for renewal immediately. If you have not initiated the required paperwork, please contact YUFA as soon as possible.

A strike involves a withdrawal of your labour from York University. This means ceasing to perform all job duties for York University, including teaching, whether in–person or remotely, and submission of grades, as well as all service work. This would also include research tasks (except where it is time-sensitive and ethically required of you to continue, e.g. animal care).

A strike involves a withdrawal of labour, including all remotely accessible teaching materials, e.g. e-class. Allowing courses to continue as if nothing is happening undermines the strike and fails to put pressure on the employer to negotiate a fair deal. YUFA is calling for all members to hide your course materials in the event of a strike by [date, month, year].

Advising and communicating with students is part of your regular job duties and should cease for the duration of a strike or lockout.

I am a member of the York University Faculty Association and am on legal strike as of [Date, Month, Year]. I will not be answering emails, working, teaching, or attending meetings outside of union activities until we have received a fair and reasonable contract.

Please contact the following individuals to voice your support for a fair deal for YUFA and an end to the strike:

Rhonda Lenton, York University President: [email protected]
Lisa Philipps, York University Provost & Vice President Academic: [email protected]
Laina Bay-Cheng, York University Vice-President Equity, People & Culture: [email protected]
Carol McAulay, Vice-President Finance & Administration: [email protected]
Dan Bradshaw, Assistant Vice-President Labour Relations: [email protected]

Post-doctoral visitors as YUFA members will be on strike if one is called. PDVs are expected to withdraw their labour and participate in strike action in the same way that faculty members are. PDVs are entitled to the same strike pay as any other YUFA members.

YUFA will need to set a protocol with the Employer that grants PDVs greater time on their contracts, should a strike occur, and in which the employer would seek extensions on external deadlines with collaborators.

Your PDV is a fellow union member and will be participating in the strike just like you. Prior to going on strike, you should assure your PDV that they will not face any reprisal for participating in the strike. YUFA encourages its members to support PDVs by granting contract extensions following the strike. Communicating with funders prior to, or following, the strike (as appropriate) should be made in order to convey that any delays are beyond the PDVs control.

As part of the strike protocol that is under negotiation, YUFA is seeking agreement from the Employer that YUFA members will be able to authorize payment of salaries for their staff and graduate students.

YUFA will need to initiate the process of negotiating a strike protocol.

YUFA is seeking agreement that these members continue to be on leave and will not experience any reduction in pay. This is a relatively standard practice during strikes and YUFA would consider it discriminatory for the Employer to withold pay of these members.

Members on LTD are paid through the insurer and not York University. They will not be considered to be on strike and will not experience any change or disruption to their LTD payments.

YUFA's position is that faculty members on sabbatical are on a recognized leave and should continue to be paid by the employer. YUFA will need to initiate discussion of a strike protocol with the York administration and seek the Employer’s agreement on this matter. Our expectation is that sabbaticants could be considered to be not on strike and then would be eligible to maintain their pay, in which case they would be ineligible for strike pay (though they would still be encouraged to support their striking colleagues). If sabbaticants were considered to be on strike, they would not receive pay, and would be eligible for strike pay. We hope to provide a more definitive response on this matter very soon.

Withdrawal of service work during a strike means to withdraw all services including participating on committees. However, if Senate meets during a strike it may be important that Senators who are YUFA members participate in Senate meetings where discussions that will affect the operations of the University are discussed.

YUFA will need to propose that York maintain access to these services for members as part of the strike protocol negotiations.

A back-to-work protocol is negotiated between the union and the Employer, and sets out the terms on which employees will return to work after a strike has ended. Back-to-work protocols often cover issues like how we will be paid for work that must be made up in any remediation period, or the reorganization of deadlines for various processes that may have halted during a strike. The leverage that a union has in negotiating a good back-to-work protocol rests in the members’ unwillingness to return to work unless these key issues are dealt with.

Unions at York University have always sought remediation pay for completing work missed or delayed owing to the strike.

Strike mandate vote, strikes and lockouts FAQs

What is conciliation and mediation, and how do they relate to normal negotiations?

What is a lockout?

What is a strike?

What is binding arbitration and is it an option instead of a strike?

Why does a union need a strike mandate?

What is a strike vote?

When can a strike or lockout happen?

Who can vote in a strike vote?

How common are strike votes amongst faculty and librarians

Does a strike vote necessarily or automatically lead to a strike

What happens if the members vote against giving the Executive a strike mandate

If a strike vote fails, can another strike vote be held?

How do I vote?

What is the strike date?

What are the legal conditions for a strike action?

Does bargaining stop if members vote in favour of a strike?

Why are you collecting contact information, has York blocked access to faculty email in the past?

Will I be paid during a strike or lockout?

How will I receive strike pay?

I don't want to perform strike duties? Will I still receive pay?

Will I receive health benefits during a strike?

What about contributions to the pension plan?

What is a strike protocol?

If a strike takes place, how long will it last?

What does picketing involve?

I'm interested in becoming a picket captain. How do I volunteer?

I cannot picket due to disability. How will I be accommodated?

What measures are in place to ensure the safety on the picket line?

Where will I be picketing?

Where can I park while picketing?

My child is in on-campus daycare, will I be able to access that during the strike?

Will I have access to campus during a strike?

I'm on a work permit. Will going on strike affect my immigration status?

Can I teach remotely during the strike?

Should I make my teaching materials inaccessible during the strike?

Can I meet with students off campus during the strike?

Can you advise what our out of office replies should read if we go on strike?

I'm a Post-Doctoral Visitor, am I on strike too? Will I receive strike pay?

As a PDV, I'm concerned about the timelines for my contract, external commitments to funders, and required deliverables?

I'm a YUFA member and I supervise a PDV. Is there anything I should be aware of?

What about pay for my staff and graduate students

What will happen with our research grants & graduate students we supervise?

What will happen to members who are on sick leave, maternity/parental/caregiver leave?

What happens to members on LTD?

What happens to sabbaticants?

Do I need to withdraw my service from Senate, department or faculty committees in the event of a strike?

Will I still have access to email/VPN/other York tech services during a strike?

What is a back-to-work protocol and what does it cover?