Dear colleagues,

The Senate Executive has chosen not to declare a general suspension of classes. As mentioned in our last advisory, the decision about whether to suspend classes in order to preserve the academic integrity of a course rests officially with the independent professional judgment of the individual course director. In some cases, departments (and even Faculties) have issued a general announcement declaring the suspension of classes. It is YUFA's position that these announcements are legitimate expressions of collective concern about academic integrity that are in purview based on Senate policy.

Most Deans, however, have requested notification about your decision as an individual and a rationale for that decision. This has caused some members to question what they should do.

It is YUFA's position that a formal declaration by a unit or Faculty that classes will be suspended to preserve academic integrity is sufficient because these bodies represent the collective voice of individual faculty members and reflect their judgment. Nevertheless, if you are concerned that your Dean/Principal will not recognize such a declaration, then you may wish to respond individually to the office of the Dean/Principal, making reference to your unit's declaration of suspension.

If your unit has not issued such a declaration, you are likely expected to notify your Dean/Principal if you decide to suspend classes and activities.

You will also be expected to provide an academic integrity rationale for the decision. We recommend that you supply such a rationale, but that it doesn't have to be long (one sentence should suffice). As established in the CUPE 3903 strike in 2015, the Dean/Principal may not challenge your rationale, since the policy is based on respect for the professional judgment of the individual course director.

It is also YUFA's position that, in light of the disruption, confusion, anxiety and chaos caused by a CUPE 3903 strike, as well as the likelihood of significantly reduced student participation, a decision to suspend classes for the sake of ensuring academic integrity would be and is clearly justified. For that reason, the YUFA Executive strongly objects to Senate Executive's decision on this matter.

We are aware of communications from some Deans/Principal and chairs with clear intent to pressure some YUFA members to continue teaching. These communications argue that the continuation of classes is the only fair approach toward students, and imply that classes can continue without harm to the academic integrity of courses that continue in a climate of disruption with only a portion of registered students present. This constitutes a rejection of Faculty Council statements that call for class suspension.

In light of these communications, we encourage YUFA members to follow Senate policy in that their only consideration should be their individual judgment on academic integrity in their classes. YUFA will stand firm in defending your rights, and will vigorously defend any member who has been challenged or questioned by their Dean/Principal regarding their approach to the disruption brought about by the CUPE 3903 strike.

In such cases, or if you have any similar concerns or need for advice, please email YUFA at [email protected].

Dear colleagues,

One of the key elements of the Employer’s recent offer to CUPE 3903 is a proposal to provide eight “full time” faculty (YUFA) positions per year for eligible long-serving CUPE 3903 Unit 2 members. During the 2015 strike, the Employer agreed to eight tenure-stream appointments per year (at least two of which were to the professorial stream).

In this round, the Employer is only agreeing to provide two tenure-stream appointments per year, with no guaranteed minimum in the professorial stream. The remaining six appointments would be called “special renewable contracts” (SRCs), which would be partially akin to multi-year CLA appointments: potentially renewable (subject to review) and with a higher teaching load and lower salary. Like all full-time appointments, these would be established and governed by the YUFA Collective Agreement.

YUFA is seriously concerned that the Employer is proposing a major revision and new provisions to the YUFA Collective Agreement without consulting YUFA, and in a way that may be intended to create tensions between YUFA and CUPE. The proposed provisions include terms and conditions of employment that may not be acceptable to YUFA, including no sabbatical rights, high teaching loads, and restrictive opportunities for renewal. YUFA has told the Employer that we have very serious misgivings about this new category of “full-time” faculty member. We have asked to speak with the York administration about this proposal to change the YUFA Collective Agreement in CUPE 3903 negotiations, but they have refused, even though they understand that the proposal requires YUFA’s agreement.

This is an unprecedented and provocative development, which we believe is one of the reasons a strike appears likely.

In short, YUFA is disappointed that the Employer is proposing to replace most of the long-standing annual tenure-stream conversion appointments it most recently re-negotiated with CUPE 3903 in 2015 with the new program described above. In its place, CUPE members are being asked to agree to something that is only conditional on YUFA’s agreement (and which can only be provided after negotiations). We think this is a major reason why a strike may be imminent and we urge the Employer to consider offering a revised package to CUPE 3903 to avoid what may be a very messy and destructive strike.

For more information, please email [email protected].

Dear colleagues,

Many of you have heard that the CUPE 3903 leadership will be meeting with its members today to discuss the "final offer" from the York administration. The leadership has recommended that the members reject the offer on the grounds that the administration is still demanding significant concessions. It therefore appears that a strike is increasingly likely.

In the meantime, many of you have received messages from your Dean or Principal asserting the following:

• That the University has decided that classes taught by instructors who are not on strike will go forward, even if there is a strike; and
• That individual faculty members are responsible for deciding whether the academic integrity of their courses would be threatened by continuing their courses during a CUPE 3903 strike. Where the instructor believes academic integrity cannot be maintained, the faculty member may suspend their courses. The faculty member is expected to report and explain their decision to their Dean or Principal, and it appears that at least some Deans may see those decisions and explanation as subject to review or approval.

Some members have asked YUFA to comment and for advice in response to these messages. Although we don't yet know that a strike will take place, we can offer the following:

1. Role of Senate in suspending academic activities: YUFA would like to reiterate that only Senate and/or Senate Executive has the authority to decide whether the University will or will not be adopting a University-wide policy of suspending courses. This authority of Senate is determined by both the Senate disruptions policy and the York University Act, which bestows upon Senate the power to make academic policy (of which the disruptions policy is a part). Hence, the administration's assertion of a right to determine whether classes will continue, and the issuing of the Deans’ letters to their faculty even before Senate Executive has met, contravenes not only Senate policy but also the provincial statute that determines the governance structure of the University.

2. Departmental policies on suspending classes: In the absence of a University-wide policy, some departments have already decided on a unit-based policy that classes will be suspended in the event of a strike, due to the nature and impact of the disruption. We recommend that any individual faculty member in such a department need only cite that policy when they give notice to the Dean. In some departments, the department chair has communicated the policy on behalf of individual faculty members.

3. Individual faculty members and judgments about academic integrity: The Senate policy on disruptions establishes academic integrity as one of its governing principles. Thus, it is incumbent upon individual faculty members to ensure the academic integrity of their courses. In the 2015 strike, Senate Executive clearly asserted that course directors are the best judge of how to ensure the academic integrity of their courses and whether those courses can be continued on that basis. This decision is still in force today. It is YUFA's view that Deans may not challenge the academic integrity decisions that Senate Executive has clearly assigned to the independent professional judgment of our colleagues. In other words, regardless of whether a University-wide or unit-based policy exists to suspend classes in the event of a strike, individual faculty members retain the right to suspend their classes if they believe that the academic integrity of their courses would be affected, and that such decisions are not subject to the approval of Deans or the Principal.

We will issue further advisories as the situation evolves.

York undergraduate students walk the picket line in support of CUPE 3903 members during the 2015 strike.

CCA to York admin: ‘It’s time to negotiate a fair deal with CUPE 3903’

The York Cross-Campus Alliance (CCA) is calling on the York University administration to negotiate a fair deal with CUPE 3903, and help avert a labour disruption on campus.

With a strike by more than 3,000 education workers less than a week away, the administration must make additional efforts to demonstrate its good faith and withdraw all the concessions it is demanding from CUPE 3903. These concessions represent an attack both on the working conditions of contract faculty, teaching assistants, and graduate assistants at York and on the quality of education that our students receive.

The Employer's proposals include all but eliminating the longstanding conversion program, a popular initiative that has helped long-serving contract faculty find full-time appointments, and follow the elimination of hundreds of graduate assistantships since the last contract was ratified. This blatant attempt at union-busting has affected other bargaining units, as the level of support for faculty has diminished and other workers and students have taken up the extra work.

The CCA stands in solidarity with the members of CUPE 3903 and in full support of their collective bargaining rights. In the event of a strike, the CCA expects that all classes will be cancelled, as they were at the beginning of the 2015 strike by CUPE 3903 (with some exceptions), and that the Employer move quickly to return to the bargaining table to reach a fair settlement as quickly as possible.

In addition, the CCA expects the University to respect the Senate policy (2.2: "Fairness to Students") that protects the rights of students who choose not to cross picket lines. While the same rights do not extend to faculty and staff, the CCA will nevertheless encourage its members to join and support picket lines on their own time, in support of CUPE's struggle against precarious labour and for improved learning conditions for students.

The administration's approach to labour relations with CUPE 3903 has become a cause for alarm among all the other employee groups at York. In the next few months, a total of five campus unions will be in bargaining with the University: YUFA, YUSA (Units 1 and 2), CUPE 1356, and OPSEU 578. There have already been two strikes on campus in the last year—food service workers and Seneca college faculty—with a third strike looming next week.

If the Employer takes the same hard line as it has with CUPE 3903, the year ahead could well be marked by ongoing labour disputes that disrupt the academic calendar.

The Employer has an opportunity to reverse its combative approach to labour relations and begin to create the conditions for labour peace on campus. But it must negotiate a fair deal now.

The York Cross-Campus Alliance represents tens of thousands of students, staff, and faculty at York University. The Cross-Campus Alliance includes:

• CUPE 1356
• OPSEU 578
• York Federation of Students
• York University Faculty Association
• York University Graduate Students’ Association
• York University Staff Association

For more information, please email [email protected].

Members of CUPE 3903 picket the Main Gate of the York University campus during the 2015 strike. (photo credit: Bernard Weil)

CUPE 3903 has announced a strike date of March 5, 2018 should negotiations fail with the University administration. The purpose of this document is to answer some frequently asked questions about how a possible labour disruption would affect YUFA members.

1. Will classes continue if there is a labour disruption?

In the 2015 strike by CUPE 3903, the Senate Executive Committee decided to suspend all courses for the initial period of the strike (with a limited number of exceptions) and they did so pursuant to their responsibility for safeguarding the principles of academic integrity and fairness to students under the Senate policies related to disruptions: see #70 and #76. We expect that a similar decision will be made this time, but Senate Executive has yet to make any announcement. In 2015, after the initial blanket suspension of classes was lifted, Senate Executive affirmed that individual instructors were responsible for deciding whether their own classes should resume (following the principles of academic integrity). There has been no indication that this principle has changed.

The Provost has sent a notice to the community saying that “all classes that can continue will continue.” This statement has generated controversy in the York community since Senate policy is clear that announcements and decisions about the continuation or cancellation of courses are the responsibility of Senate and Senate Executive, and it appears to conflict with the policy from the 2015 CUPE 3903 strike. In either case, Senate rules protect students from penalties and guarantee accommodation to them for work they do not complete or classes they do not attend during the strike.

2. Can I be asked to take on additional teaching or other responsibilities during a strike?

The workload provisions of the Collective Agreement will continue to be in force, so faculty members should not experience an increase in workload due to a strike. Faculty members are responsible for their own courses, not for those of their colleagues; and YUFA members cannot be required to take up the work of another bargaining unit. Faculty members are also not responsible for carrying out the work previously assigned to Teaching Assistants or Marker/Graders in their courses. As in previous labour disruptions, YUFA will seek to protect members from extra work arising from remediation after the strike (or seek to assure members are appropriately compensated).

3. What are my rights as a faculty member during a strike?

Should a Dean or Principal tell you to alter your course and grading requirements as a result of a labour disruption, you are likely within your rights to refuse such a request on grounds of Academic Freedom (Article 10 of the YUFA Collective Agreement) and previous Senate guidance about the primacy of the instructor’s role in deciding how to safeguard the academic integrity of their courses. The Senate policy states that academic integrity will be protected and academic standards shall not be diluted. YUFA will defend any member subjected to discipline for exercising their collective agreement rights.

4. Do I have to cross the picket line if a strike is called?

YUFA is not on strike and the Association cannot advise members to withdraw their labour. However, YUFA will vigorously defend any member subject to discipline for refusing to cross a picket line for legitimate health and safety concerns or being unable to walk from a transit drop-off point to come to campus; carrying out professional responsibilities in off-campus locations or using alternatives that preserve academic integrity of their courses; or refusing to do the work of a striking CUPE 3903 member (or any other employee who does not perform their work because of a strike). YUFA members may wish to consider holding meetings off-campus to enable others to attend without crossing picket lines. YUFA staff will not cross any picket line and staff will assist in scheduling meetings with YUFA members off-campus.

5. What has YUFA been doing in the face of a potential labour disruption?

As part of the York Cross-Campus Alliance (CCA), YUFA has been urging the Employer to negotiate a fair and equitable settlement in its negotiations with CUPE 3903 in order to avoid a strike. We have called upon the Senate Executive to suspend classes in the event of a strike due to the impossibility of maintaining academic integrity with so many instructors absent from class. YUFA is concerned that, if the Senate Executive fails to cancel classes, it may compromise the academic integrity of courses and research, could lead to increased workload for faculty members, or potentially present health and safety concerns.

Please see the recent CCA statement here.

6. My students have been asking me about a possible strike. What should I tell them?

We recommend that faculty members inform students of their rights which are clearly spelled out in the Senate policy on labour disruptions. The thrust of the policy is that students cannot be academically or otherwise penalized if they are unwilling or unable to participate in courses owing to the labour disruption. Recent notices by the senior administration about a possible strike have curiously avoided mention of this policy. You can also inform your students that, should academic activities be suspended, all classes, labs, and tutorials will be cancelled. They should watch for announcements. After a strike has ended, the Senate will determine protocols and remediation procedures for the return of students to the classroom and the completion of work.

You may wish to use the strike as a “teaching moment” to show students the nature of precarious employment many of their instructors face on a daily basis, and impacts on the quality of education. You may also let your students know that they can contact the President, Provost, and Vice-President Finance and Administration to urge them to improve the Employer’s offer as the best way to avoid a strike.

7. How can I express my support for CUPE 3903 members on strike?

You can support solidarity efforts with CUPE 3903 members in the following ways:

• Join a picket line; YUFA may organize flying pickets in support of CUPE 3903 if members volunteer, as they did in 2015;
• Speak with colleagues and students about why the strike is happening;
• Volunteer donations of time and talent to the strike effort;
• Write to the University administration, urging an end to the strike with decent working conditions for CUPE 3903 members.

YUFA is a member of the York Cross-Campus Alliance (CCA), a collection of unions and student groups on campus, which is engaged in collective action to improve the working and learning conditions at York. Support for the CCA is another way to express solidarity with 3903 members.

If you have any questions on any matter related to the impact of a CUPE 3903 strike on your rights and responsibilities, please email YUFA at [email protected].

Download this FAQ here.

Dear colleagues,

Most YUFA faculty members have received a message from the Provost, encouraging them to adopt Moodle to record course grades prior to a possible CUPE 3903 strike. Some of our members have asked that YUFA issue a response to this message.

The Provost's letter requests that YUFA faculty members adopt the following measures:

• ensure they have recorded all grades, including tutorial grades, in their courses for work completed to date by Friday, March 2. The Moodle sites provide a convenient means to record grades on tests and assignments.

YUFA has serious concerns that this message may be an attempt to direct or encourage our members to alter their own course management practices and take on additional or new types of work for the purpose of weakening the bargaining leverage of another campus union. By asking YUFA members to record "tutorial grades," the Provost's message appears to urge at least some of our members to do the work of another union. It also appears to urge YUFA members to obtain the grade records of tutorial leaders earlier than usual because those tutorial leaders may soon be on strike. Based on our information, this request has been sent selectively only to YUFA course directors, not CUPE 3903 course directors.

In short, it appears that the Provost's message may have the effect of turning the members of one group of teaching employees against another. The Provost's letter therefore could be perceived by CUPE 3903 members as an attempt to weaken their union as a strike deadline approaches.

Whether or not this is the case, it is YUFA's view that our members are not obligated to make changes to the management of their courses, or to take on extra teaching-related responsibilities, based on the possibility that there may be a strike.

Dear YUFA colleagues,

We are holding a General Membership Meeting on Thursday, February 15 from 12:00 p.m. to 3:00 p.m. in 152 Founders College. The sole agenda item is the approval of the Primary Negotiating Positions (PNPs), approved by the Executive Committee and YUFA Stewards' Council.

Attendance is strongly encouraged. The YUFA Constitution specifies in Article 9.1:

9.1 Primary negotiating positions

Upon approval of Stewards' Council, the Executive Committee shall seek ratification of primary negotiating positions at a General or a Special General Meeting. Assent shall be given by a simple majority of those members present and voting. Voting shall be by show of hands.

Documents for this meeting include an agenda and the minutes for the recent GMM on pensions. The Primary Negotiating Positions has been emailed to each member. The password to open the document is 2018pnp (all lower case).

Kindly bring your package with you to the meeting as there will be a limited number of hard copies. Lunch will be provided.

Dear YUFA members,

YUFA considers matters of collegial governance vital to the goals of the Association. York Senate's meeting on Thursday, January 25, 2018 addressed a number of key issues related to governance. We provide a brief summary to our members.

Collegial governance and search procedures

Several senators disapproved of the Administration's recent open letter to CUPE 3903 members regarding the labour dispute, and of the radio ads that bring disrepute upon the University. YUFA President Richard Wellen criticized the Administration's interference in the internal decision-making of a union, the Administration's false claim that it is not seeking significant concessions in the current bargaining process, and the Administration's suggestion that it is negotiating in good faith while the union is not. See the response to York's letter from the York Cross-Campus Alliance (CCA) here and from CUPE 3903 here.

Senate Executive informed members that it has rejected the request from three senators who are members of the York Cross-Campus Alliance (CCA), representing all campus unions and major student groups, to discuss procedures for future senior administrative academic appointments. Executive will bring the matter of guidelines for the presidential search to a future Senate meeting at an unspecified date. "Recognizing that decanal and vice-presidential staffing matters are within the jurisdiction of the Board and delegated to the President," Executive rejected any discussion of procedures for such appointments other than presidential updates, reinforcing YUFA's concern that the the Administration and Senate Executive appears to be willing to allow collegial governance bodies to be reduced to mere information sessions announcing managerial decisions.

An example of this approach ensued. President Lenton informed Senate that she had concluded a revision of decanal search procedures. Yet she had not advised Senate of her intention to revise these guidelines, she had not sought feedback on a draft, and the new procedures were not included in the agenda package.

Revised guidelines include a two-year trial of the possibility of opening the search process to an in-camera consultation by Faculty Council with the shortlisted candidates. These searches would be open to input by faculty members only on the condition that all shortlisted candidates indicate to the Administration's search consultant that they are willing to engage in such a process. While YUFA applauds any step to open the search process, we have repeatedly called for shortlisted candidates to appear before Faculty Council as a matter of standard procedure.

Ontario Chamber of Commerce

President Lenton informed Senate that she has decided not to agree to a request raised in an earlier session of Senate, also raised by various constituencies in campus, that York terminate its membership in and financial support of the Ontario Chamber of Commerce (OCC). Some senators feel that membership in this organization, whose sister organizations lead regressive policies around the world, does not fit the values and principles that York claims to uphold. Although President Lenton defends her decision by arguing the OCC represents small businesses, this organization led the political advocacy against Bill 148 (the legislation that raised the minimum wage and implemented a number of other improved labour laws) and has refused to defend some of the most vulnerable individuals in our society.

SHARP and the University budget

Senate heard a report from Carol McAulay, Vice President Finance and Administration, and Lisa Philipps, Interim Vice President Academic and Provost, regarding budget context and planning, and the implementation of the new SHARP budget model. YUFA members have raised many questions:

• Why does the Administration claim a deficit when the University's own audited financial statements show continued operating surpluses and a healthy overall balance sheet? Is the Administration using deficit fear-mongering as a restructuring tool, for example, to justify course cutting and program reductions or to justify a hardline at the bargaining table with York's unions? By the end of the discussion in Senate, the Administration did not deny that the overall operating funds of the University were in surplus.
• Why is there a substantial carryover deficit among the Faculties (the largest of which is in LA&PS), while the Vice Presidents' offices have large carryover surpluses? Is this an accounting tool to transfer additional resources from teaching and scholarship toward administrative bloat?
• Some programs are engaging in budget-driven restructuring that may be at odds with academic considerations. Although there has been an effort to address these perverse incentives, serious concerns remain. The question of how to assess the "value" of graduate students and programs that are not a substantial source of revenue has not been adequately resolved.
• The Administration claims that SHARP would make the allocation of resources more transparent. So far, it has not. How does the SHARP model distribute budgets below the Faculty level, to the departments and units? President Lenton announced that she is creating an All-University Budget Advisory Committee composed exclusively of Vice Presidents and Deans.
• The Strategic Mandate Agreement (SMA) with the Government of Ontario continues to be a risk factor in York's budget, and drives the spreading use of funding tied to indicators. There is growing evidence of the damage that results from tying academic activities to metric indicators. In earlier years, the Administration insisted that metrics would remain restricted to its dealings with Government regarding the SMA process, but now it appears to be signalling that internal funding allocations (among Faculties, for example) will be tied to the metrics in the SMA. Faculties will prepare Quality Plans to advance overall performance based on priorities and metrics, and some funding will become contingent on such metrics. YUFA encourages members to reject vigorously the introduction of metrics and performance indicators across the continuum of teaching and research.

A number of colleagues have contacted YUFA to express their concerns about the impacts of SHARP implementation and the current budgetary and metrics context. We are actively exploring ways to move forward with these concerns. If you have questions or suggestions or would like to get involved, please contact YUFA by email at [email protected].

YUFA members hold letters that spell "Notice to Bargain" at a Stewards' Council meeting on February 2, 2018.

Dear members,

On February 2, 2018, shortly after Stewards' Council ratified YUFA's primary negotiating positions (PNPs), YUFA served notice of intent to bargain with the Employer. The current collective agreement expires on April 30, 2018. We are expecting to meet with the Employer in the coming months and plan to keep members informed by issuing regular bulletins that explain and contextualize our key issues, and provide updates about the progress of negotiations.

YUFA will bring a number of issues to the bargaining table based on priorities expressed by our members. These include increasing salary and annual PTR increments, as well as benefits for both active and retired members. We will also be bringing proposals for improving university and collegial governance, adjusting teaching load to reflect standards at other universities, and others. We urge you to attend the General Membership Meeting (GMM) on February 15, 2018 at 12:00 p.m. where you will have an opportunity to provide feedback on and vote to approve of YUFA's bargaining issues. We will announce the details of the GMM in a separate message in the coming days.

The current bargaining environment continues to be challenging for all employees on campus. CUPE 3903 is in negotiations, and both CUPE 1356 and YUSA will be bargaining soon. It is crucial that we stand together to bargain from a position of strength so that YUFA can achieve improvements in all the areas mentioned above.

We are very fortunate to have an extremely knowledgeable and committed bargaining team, which includes the following members:

• Justin Podur (Faculty of Environmental Studies), Chief Negotiator
• Michol Hoffman (Languages, Literatures and Linguistics)
• Frances Latchford (Gender, Sexuality and Women's Studies)
• Art Redding (English)
• Shanker Trivedi (Schulich)

We invite all YUFA members to be part of a unit-by-unit mobilization over the coming months, which will help us provide the support our bargaining team needs for a productive and successful round of bargaining.

In solidarity,
Richard Wellen
President, YUFA

An image of the official letter sent by YUFA President Richard Wellen to Interim Vice President Academic and Provost Lisa Philipps, giving notice of YUFA's intention to bargain.

The CUPE 3903 logo

Dear colleagues,

As you are aware, the members of CUPE 3903 have voted approximately 85% in favour of giving a strike mandate to their union (see the full results here). The two parties are still in conciliation and it is quite normal for the union to ask for a strike mandate to strengthen the hand of its negotiators. Neither side has yet asked for the conciliator appointed by the Ministry of Labour to issue a "no board" report. Once a no-board report has been issued by the Ministry, 17 days must pass before the union can go on strike or the employer can lock out the employees (read a strike and lockout FAQ here).

In view of these legal constraints, the earliest a strike could be held would be late February and possibly early March.

It is difficult to predict the outcome of negotiations at this point. The union is seeking to address a number of challenges regarding compensation, the loss of Graduate Assistantship work, and the problem of precarious employment, and the Employer is seeking some significant concessions from CUPE 3903.

The members of CUPE 3903 play a vital role in delivering courses and supporting the academic mission of our University, and we therefore support their efforts to have good jobs and improve their working conditions. YUFA is watching keenly, not only because we want a fair settlement that avoids a strike, but also because we will soon be indicating to the Employer that we would like to begin negotiations in advance of the expiry of our collective agreement on April 30.

YUFA will endeavor to keep our members informed as the CUPE 3903 negotiations develop, and especially if there are indications that a strike or a lockout may take place. In the case of a strike or lockout, the academic work and teaching schedule of the University would be severely affected, and could potentially be suspended completely.

For more information, please email [email protected].