TORONTO, April 5, 2018 /CNW/ – The decision by the York University administration to request a supervised ratification vote in the month-long strike by CUPE 3903 could end up prolonging the dispute, says the Executive Committee of the York University Faculty Association (YUFA). CUPE 3903 represents contract faculty and teaching assistants, who are currently on strike, while YUFA represents full-time faculty.

Now in its fifth week, the strike has affected 75% of courses at the University. Faculty are worried that the academic year might be at risk, and that the decision to force a vote will backfire on the University.

“The admin is engaging in risky brinksmanship by choosing a forced vote over good-faith negotiations,” says Richard Wellen, YUFA president. “There is a risk that CUPE members will reject the vote, which could prolong the strike by several more weeks. York should be trying to end the strike quickly, not causing further delays to the bargaining process.”

Ontario labour law allows employers to make one request to the Ministry of Labour for a supervised or “forced” ratification vote during a labour dispute. York made its request on March 27, but the voting period will not be completed until April 9.

“That means the University has squandered 12 days that could have been devoted to bargaining,” says Wellen. “Our members would like both sides to return to the table to negotiate a settlement that could end the strike. We need students back in the classroom so we can preserve the academic integrity of their courses.”

Earlier this week, over 200 York community members attended a town hall meeting where they expressed concerns that the delay imposed by the ratification vote poses a serious threat to the April exam period, and that the administration’s mismanagement of the strike has negatively affected the University’s reputation.

The York University Faculty Association is the professional association and certified bargaining agent for approximately 1,500 faculty, librarians and archivists, and post-doctoral visitors at York University.

This post originally appeared as a media release on Canada News Wire.

The following message was sent on April 5, 2018 from Richard Wellen, President of YUFA, to Rhonda Lenton, President of York University, and to Devin Lefebvre, Chairperson of CUPE 3903: 

Dear President Lenton and Chairperson Lefebvre,

As you know, the offer that CUPE 3903 members will be voting on in the supervised vote that starts tomorrow includes a proposal to revive a program in the YUFA Collective Agreement that provides for a fixed annual number of Special Renewable Contract appointments (SRCs) for long-serving Unit 2 contract faculty members. We have informed both parties--long before the supervised vote was called--that the current proposal is not acceptable to YUFA since it departs from the much better terms and conditions (salary, job security, sabbatical opportunities) that were available in the original program.

The fact that negotiations have proceeded on a proposed SRC program which requires the agreement of YUFA without involving YUFA in the discussions has been a significant impediment to the achievement of a settlement in the current labour dispute. We therefore propose to both parties that, if Unit 2 members fail to ratify the Employer’s SRC offer on Monday, April 9, YUFA, CUPE 3903, and the Employer should engage in immediate tri-partite negotiations to settle on an SRC program that is based on the language that was in the YUFA Collective Agreement when the program was last active. This will assure that CUPE 3903 members can vote on a proposal that they know that the YUFA Executive Committee and Bargaining Team can recommend to their members. Although we know there are other important issues in dispute, we believe that this tri-partite effort could be a significant ingredient to a settlement between the parties.

If Unit 2 members vote in favour of the current offer, then any revival of the SRC program remains subject to negotiations between YUFA and the administration.

Best regards,
Richard Wellen
Associate Professor
President
York University Faculty Association (YUFA)
[email protected]

"This discussion paper comes out of a motion passed at a March 3, 2009 Special General Meeting: that YUFA Executive act as soon as possible to strike a subcommittee to produce a discussion paper that places recent labor negotiations and its coming negotiations within the broader context of cut to the funding of post-secondary education, significant reduction in hiring for tenure stream jobs, and increasing reliance on contingent labor, equity issues, increasing class sizes, and expanding workload, all of which contribute to a general erosion of the quality of education....the discussion paper will be distributed to members in YUFA-M for discussion and subsequently considered for distribution to the media. Carried."

YUFA will send two (2) members to attend the Indigenizing the Academy Conference, to be held at the Membertou Trade and Convention Centre, Membertou, Cape Breton, Nova Scotia, scheduled from Thursday, May 3 to Friday, May 4, 2018.

Please also see the promotional posters here and here.

YUFA will reimburse the travel costs, hotel accommodation, and per diem for the two members selected. (Registration for the conference is free.)

If you are interested in attending this conference, please apply by email to [email protected] (subject Line: Indigenizing the Academy Conference). Please include a statement of your specific interest in attending. The deadline for applications is Wednesday, April 11, 2018.

Note: Please read carefully the YUFA Sponsored Conference Guidelines.

An image of the conference poster

A photo of a York Cross-Campus Alliance pamphlet, which displays the logos of all the member unions and student unions and the slogan, "York works because we do".

YUFA invites members to attend a Town Hall Forum hosted by the York Cross-Campus Alliance (CCA) on April 3. The Forum will present and discuss concerns about the University administration's response to the CUPE 3903 strike and governance challenges. The Forum will be organized as a plenary discussion with representatives from members of the York University community. A portion of the Forum will be dedicated to discussion by participants to propose some possible next steps. The Forum will take place as follows:

CCA Town Hall Forum
Tuesday, April 3
3:30 p.m. to 5:45 p.m.
Founders Assembly Hall
152 Founders College

Agenda:

3:40 p.m.
Welcome, land acknowledgement, and introductions

3:45 p.m.
Plenary panel featuring representatives from the York Cross-Campus Alliance and the York University community (speakers TBA)

4:30 p.m.
Break-out discussion groups (topics to be suggested by participants)

5:15 p.m.
Report-back from discussion groups and next steps

5:45 p.m.
Adjournment

Coffee and tea will be available at the Forum. All members of the York University community are welcome to attend.

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

• CUPE 1356
• CUPE 3903
• 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].

In a recent communiqué, YUFA alerted members to a bargaining proposal that the Employer made during negotiations with CUPE 3903 that would require major revisions to the YUFA Collective Agreement. At that time, YUFA expressed serious concerns that the Employer, while negotiating with another bargaining unit, had not consulted YUFA about revisions that would require its consent.

The Employer’s proposal was to revive the Special Renewable Contract (SRC) program in Article 12.32 of the YUFA Collective Agreement, which would involve transferring some long-serving contract faculty members from CUPE 3903 into renewable term YUFA appointments. An earlier version of this program was in place from 1999 to 2013.

According to the proposal, there would be six SRC appointments per year. Unfortunately, compared to the previous program in place since 1999, holders of these YUFA appointments would have a higher teaching load, no sabbatical, tougher conditions of renewal, and lower salaries than most other YUFA members.

When YUFA first learned of the proposal, we immediately requested a meeting to discuss it, before the Employer pursued it any further in negotiations with CUPE 3903. The Employer refused to meet with YUFA until yesterday (March 27)—two hours after requesting a supervised (“forced”) ratification vote on its latest offer to CUPE 3903. According to the Ontario Labour Relations Act, an Employer may request such a vote on one occasion during a labour dispute as an alternative to continued negotiations. If the members of any CUPE bargaining unit vote to accept the offer, then they will no longer be on strike.

We do not know when this vote will take place, but we do know that CUPE 3903 members will be voting on whether to accept the contested version of the Employer’s SRC program. Even if CUPE accepts this proposal, it still requires YUFA’s consent.

In our meeting with the Employer yesterday, and in response to YUFA members’ concerns, YUFA indicated that we would not agree to the current proposal and would only consider an SRC program based on the existing language to ensure that the working conditions of this group of future YUFA members align with those of their colleagues. YUFA’s position is that a revived SRC program should be based on preserving the superior provisions that have been in place since 1999 and are still enshrined in the YUFA Collective Agreement.

In short, the Employer is poised to force CUPE members to vote on a major settlement offer to introduce a new SRC program that would require significant amendments to the YUFA Collective Agreement, which YUFA has already indicated it will not accept.

We're in Week 4 of the strike by CUPE 3903, the union representing contract faculty and graduate student employees at York University. YUFA members are concerned that this will be an even longer strike, especially in the wake of public statements by the University administration that they do not intend to be flexible at the table. The administration insists that 55% of classes are running, but there are strong indications that a majority of classes has been suspended and that others are continuing without the participation of Teaching Assistants or graders (see here). The administration has engaged in particularly aggressive public relations to polish its public image during this difficult time. In addition to misleading the public, the administration, for the first time in any labour disruption at York, has tried to usurp the power of Senate and pre-emptively announced there will be no general suspension of classes, as was the case in some previous labour disputes. In two striking new developments, the administration has requested a forced ratification vote from the Ministry of Labour, and the Canadian Civil Liberties Association (CCLA) has issued a letter of concern to President Rhonda Lenton and a questionnaire for students, picketers, and other members of the York community regarding surveillance by a private security firm.

Misleading communications

A recent open letter from the Ontario Confederation of Faculty Associations (OCUFA) notes that York's administration has engaged in misleading communications during the strike. The administration maintains (incorrectly) that they are not seeking concessions from CUPE 3903. They have alleged that 55% of classes are running normally, when less than half of the courses are continuing. The Keele campus is largely empty and Glendon College is even more so. They have also alleged (incorrectly) that CUPE refused to drop any of its major demands during negotiations, and refused to seriously bargain. They have charged (incorrectly) that the Administration cannot afford to make serious offers in regards to CUPE's demands for conversions for contract faculty and summer funding for graduate students, while evidence shows ample funds in its budget surplus and contingency funds, and aggrieved students have begun to circulate exposés of extravagant personal spending being charged to university budgets. The administration has also misled the community by providing incorrect analysis of Senate's power during an academic disruption, and it has failed to provide accurate, timely information to students about which courses are open and which suspended.

YUFA is very concerned with this hard-line approach to contract negotiations and to communication in general. We are now entering bargaining to renegotiate our own collective agreement, and the tactics used against CUPE 3903, including delayed bargaining, intense public relations, a forced ratification vote, and heightened, possibly illegal security measures, may well be employed against other campus unions such as YUFA and the York University Staff Association (YUSA). In addition, the constant dissemination of aggressive administration messaging, combined with the chaos surrounding the academic term and its remediation, has become extremely stressful and divisive for members of the university community and particularly injurious to our students, according to their reports.

Closed Senate meetings, tight security, and unnecessary force

On March 22, faculty, CUPE 3903, and student Senate representatives were blocked from entering the Senate Chamber to participate in a scheduled meeting of Senate, creating a tense situation. These events were captured on video (see here), showing a member of the senior administration holding the door against people attempting to enter the Senate chamber. One graduate student Senator was held in a choke-hold by a security officer when he tried to enter Chamber.

According to Senate rules, meetings are open to members of the community. Despite the intense interest in the Senate meetings on March 8 and 22, non-Senators were asked to congregate in an overflow room, and on March 22, some of the people temporarily blocked from entry were members of Senate. It is worth noting that Senate meetings during some earlier strikes were moved to larger venues as Senate leadership acknowledged that many members of the community who were not Senators might wish to attend when issues related to the strike were being discussed. In those cases, there were no scuffles with security or violent incidents as a result of excluding people from the Chamber.

These events were followed by an occupation of the Senate Chamber by undergraduate students, hoping to persuade administration to bargain fairly and end the strike. The group is also circulating a petition that demands a tuition refund, stating that "We don't believe that universities should be run as a business. But if they are going to run it as a business, we are going to demand a refund." The administration has contracted a private security firm whose guards have surrounded Senate and is closely monitoring students and visitors coming and going. These security guards are also watching and filming CUPE members on the picket line. Staff in Kaneff Tower are subject to a daily lockdown of the building and are monitored by the private security force. The Canadian Civil Liberties Association (CCLA) has issued an open letter to President Rhonda Lenton expressing its concern about these developments and is asking for input in a questionnaire from all members of the York community. The occupation of the Senate Chamber by "Students for CUPE 3903" continues, although media have been banned from entering the 9^th floor of the Ross Building.

Governance crisis: Senate's authority threatened

As reported last week, a motion submitted to Senate at the start of the strike to suspend all classes was blocked by Senate Executive on procedural grounds. A challenge to this ruling was closely defeated in Senate during the March 8 meeting in a controversial vote conducted without due regard for rules of order. In the agenda package and during the meeting, Senate Executive stated that "Decisions regarding the business and affairs of the University are vested in the Board [of Governors] even where they may have an impact on academic policy." Furthermore, they added, Senate "policy does not give express authority to Senate or Senate Executive to take the action of cancelling all classes at the commencement of a disruption." However, this was Senate's undisputed role in past strikes, and the statement about jurisdiction combined with the blocking of a vote in Senate raised alarms among many Senators. In denying the Senate's power to decide on course cancellations on the basis of academic integrity during labour disruptions, the administration described labour disruptions as equivalent to weather disruptions, which like other "business matters" are under the purview of the Board of Governors.

In the following Senate meeting, on March 22, a motion was presented that proposed that Senate, the body at the University with governance authority over academic matters, affirm its authority to suspend classes on academic grounds during a labour dispute. This motion passed by a 65% margin, following a debate that featured strong support from faculty and students. Senior administrators presented arguments about the limits of Senate's authority. The Chair of Senate mentioned a letter from the Chair of the Board of Governors to the Senate Executive that laid out a case for imposing new limits on Senate's authority. The Chair of Senate has not made the letter available to Senators, and requests have been sent to the Senate Executive and University Counsel to disclose its contents to members of Senate. This is necessary if all members of Senate are to be given the opportunity to participate in any debate about university governance. It is also necessary if the administration is to be in compliance with the YUFA Collective Agreement (including Article 17.02) that protects members' participation rights within the university's governance process.

There appears to be a shifting definition of the powers of a representative academic Senate and a self-appointed Board of Governors, with the Board moving to limit the powers given to Senate under the York University Act of 1965. This governance crisis is occurring in the wake of members' approval of YUFA's bargaining positions in its February membership meeting, which aim to reform the operation of the Board of Governors and to restore a more democratic and socially diverse Board composition.

Individual decisions by faculty members about courses

In the absence of course suspensions declared by Senate, Senate reiterated the policy that any suspension of classes should be determined by individual faculty members using their own professional judgments guided by considerations of academic integrity. This policy of assigning academic responsibility to individual faculty has, unfortunately, in a number of cases, been contradicted by the University's ensuing actions. YUFA has been made aware of cases in which the Deans/Principal required teaching status forms from individual faculty members and then proceeded to reject or challenge the submissions. Departments and faculties that resolved to suspend classes have been ignored. YUFA has already issued advice on this matter in previous advisories (see here, here, here, and here). A future discussion of this application of the concept of academic integrity may be warranted, for a majority of York students have evidently determined to suspend their own attendance as they wait for this impasse to be resolved.

A shortened version of this post appeared as a media release on Canada News Wire. Read the release here.

A photo of the Ross Building, in winter, with snow in the foreground

YUFA is encouraging members and the wider York community to attend today’s Senate meeting, which will discuss the authority of Senate to direct the suspension of classes during a labour disruption.

The meeting takes place today (Thursday, March 22) from 3:00 p.m. to 5:00 p.m. in the Senate Chamber, N940 Ross Building. While the meeting is open to the entire York community, only Senators have voice and may move and vote on motions. With permission from Senators, guests may speak to the meeting.

The meeting agenda is available here. Community members who are not Senators may attend the meeting in Curtis Lecture Hall B.

The following motion, submitted by York University Senator Richard Wellen, will be discussed at the meeting.

An image of blank application forms

The Trans Health Fund is a relatively new entitlement for YUFA members to support transgender health services. It was gained during bargaining in 2015-16 and appears as Article 26.11 in the 2015-18 Collective Agreement. The fund has a value of $30,000 per annum, and any remaining funds from one year will be carried forward to the next.

For the 2017-18 academic year, the Fund will be disbursed by the end of April 2018. There are no remaining funds from the 2016-17 year, so the value of the 2017-18 fund is $30,000.

The Trans Health Fund Committee understands “trans” to be a broad and inclusive term, which includes genderqueer, transgender, transsexual, gender-variant, and Two-Spirit, among others. All trans members of YUFA are eligible to apply.

The Trans Health Fund application is available here (PDF) and here (Word).

The deadline to apply for the 2017-18 academic year is April 16, 2018.

Due to the ongoing CUPE 3903 strike and the inability to predict when it will end, applications should be submitted in person to YUFA's strike office, 1315 Finch Avenue West, Suite 400 (TTC: Finch West), or by email to [email protected] (please review labelling instructions on the application form).

For more information about the Trans Health Fund, please email [email protected].

Items in this message:

1. March Senate meeting at 3pm today 
2. Chaos, confusion, crisis: Admin's response to the strike has made things worse 
3. Please sign and share: A fair deal could end the strike
4. Employer data on course cancellations during the CUPE 3903 strike
5. FAQ regarding YUFA and the CUPE 3903 strike
6. Senate motion on Senate authority
7. Statement to Senate signed by 28 Senators
8. Weekly Cross-Campus Alliance solidarity visit
9. YUFA strike office location
10. YUFA resources about the CUPE 3903 strike

1. March Senate meeting at 3pm today

YUFA is encouraging members and the wider York community to attend today’s Senate meeting, which will discuss the authority of Senate to direct the suspension of classes during a labour disruption.

The meeting takes place today (Thursday, March 22) from 3:00 p.m. to 5:00 p.m. in the Senate Chamber, N940 Ross Building. While the meeting is open to the entire York community, only Senators have voice and may move and vote on motions. With permission from Senators, guests may speak to the meeting....

Continue reading here.

2. Chaos, confusion, crisis: Admin's response to the strike has made things worse

The following statement was issued by YUFA on March 19, 2018:

The York University senior administration’s actions in the last two weeks have done little to help end the CUPE 3903 strike. Indeed, this response has made the situation worse. Now in its third week, the strike appears at an impasse: until its statement on late Sunday afternoon, the administration has seemed intent on bargaining—and forcing concessions—through a public relations campaign in the media.

YUFA welcomes the decision by the administration to take steps to return to the bargaining table with CUPE 3903, but remains deeply concerned by the University’s approach to labour relations since the strike began. The impact of this approach is increasingly obvious....

Continue reading here.

3. Please sign and share: A fair deal could end the strike

The York Federation of Students and the York University Faculty Association have initiated a petition to let the York University administration know that we want them to negotiate a fair deal with CUPE 3903 as quickly as possible.

To sign the petition, please click here. A fair deal could end the strike!

PETITION

President Lenton: Settle with CUPE 3903!

To President Rhonda Lenton:

We, the undersigned York University students and faculty, together with staff, parents, alumni, and members of the public, urge you to settle now with CUPE 3903.

We are deeply disappointed that it took your administration until week three of the strike to return to the bargaining table with the union representing teaching assistants, graduate assistants, and contract faculty. You have promised to return to bargaining, but we know that this is not enough. We believe that, if the administration bargains in good faith and with no preconditions, and proceeds with the seriousness and urgency demanded by the situation, there will be a swift end to the strike....

Continue reading here.

4. Employer data on course cancellations during the CUPE 3903 strike

Based on under-reported Employer data and limited self-reporting by faculty, the following list indicates the percentage of courses* that have been cancelled in faculties across the University during the CUPE 3903 strike:

• University-wide: 60%
• Arts, Media, Performance & Design: 80%
• Education: 65%
• Environmental Studies: 89%
• Glendon College: 83%
• Graduate Studies: 33% **
• Health: 49%
• Lassonde School of Engineering: 7%
• Liberal Arts & Professional Studies: 78%
• Osgoode Hall Law School: 5%
• Schulich School of Business: 1%
• Science: 33%

Continue reading here.

5. FAQ regarding YUFA and the CUPE 3903 strike

The following are some questions that YUFA members have asked with respect to the current CUPE 3903 strike.

1. Why is YUFA supporting CUPE 3903 in the strike?

As a faculty association, YUFA defends the central role of collegial governance in assuring quality teaching and learning. As a union, YUFA has a deep commitment to honouring the tradition of solidarity with other unions on campus and in the community, especially when they are on strike.

No one wants to see a strike on campus, especially when it creates major disruptions of academic activities. The University’s poor management of this round of bargaining occurs in the context of a larger crisis of university governance, which has invited the concern of all unions on campus and all faculty associations in the province. In particular, the administration’s actions to disempower collegial bodies and disrespect their responsibility for academic integrity should worry us all. Other faculty associations and academic unions, including the Ontario Confederation of University Faculty Associations (OCUFA), have expressed their concern about these developments and their support for CUPE 3903....

Continue reading here.

6. Senate motion on Senate authority

The following motion has been submitted by York University Senator Richard Welland to the Senate Executive Committee in advance of the next meeting of the Senate, scheduled for Thursday, March 22 (see here for agenda).

MOTION

(submitted by Richard Wellen)

Senate hereby expresses its view that Senate, in conjunction with Senate Executive, has the authority to direct and determine that classes be suspended on the basis of academic integrity.

RATIONALE

The above policy statement applies especially to the question of whether Senate, in conjunction with Senate Executive, has jurisdiction to suspend classes during a strike on grounds of academic integrity....

Continue reading here.

7. Statement to Senate signed by 28 Senators

Twenty-eight York University Senators signed the following statement and submitted it to the Senate. At the request of some signatories, YUFA has not published the list of signatories.

Statement to Senate

We, the undersigned Senators, would like to address recent statements by the University Counsel and members of the senior administration of the University, which have asserted that York University’s senior administration and/or Board of Governors has authority or veto power regarding decisions to suspend classes during a labour dispute.

It has always been understood (and pursued in practice) that Senate, in conjunction with Senate Executive, has responsibility for decisions to suspend classes during a labour dispute, based on considerations of academic integrity and fairness to students. The advice of the administration and other bodies within the University has always been considered by Senate and Senate Executive, but the decision taken has always been understood as lying within the purview of Senate....

Continue reading here.

8. Weekly Cross-Campus Alliance solidarity visit

As part of its ongoing expression of solidarity with CUPE 3903, members of the York Cross-Campus Alliance (CCA) will join a CUPE picket line every Monday at 12:00 p.m. for the duration of the strike:

Weekly CCA solidarity visit
Mondays
12:00 p.m. to 1:00 p.m.
Location: Main Gate picket line
York Boulevard and Keele Street

Join and share on Facebook.

Please bring banners and placards that show the support of each CCA group.

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

• CUPE 1356
• CUPE 3903
• 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].

9. YUFA strike office location

For the duration of the strike, the YUFA office located in York Lanes will be closed. Instead, all YUFA operations will be conducted from a special strike office, which is located at 1315 Finch Avenue West, Suite 400 (TTC: Finch West). The special strike office is accessible.

The office will be staffed during normal business hours. We encourage members to email YUFA at [email protected] if they would like to set up a meeting.

Due to the increased workload that is the result of the strike, we advise you that response times might be longer than usual. Thank you for your understanding.

For more information, please email [email protected].

10. YUFA resources about the CUPE 3903 strike

You can find current information from the Employer about courses that are active and suspended on this page (requires Passport York login). Unfortunately, this list may not be up to date.

YUFA has centralized all its advisories and communiqués regarding the CUPE 3903 strike on this page.

In addition, we encourage members to keep themselves apprised of Senate statements and policies, which are available on this page.