YUFA
Collective Bargaining
To All YUFA Members
From Susan Dimock, President YUFA
30 October 2002
Dear Colleagues,
As you probably know by now, the Employer and CUPE 3903 have been in
negotiations to renew their Collective Agreement. Those talks have
been suspended and CUPE 3903 is holding a strike vote this afternoon.
This morning the Employer issued notice to the York community that it
intends to implement three major policy changes, should CUPE 3903
ultimately strike. First, they will prohibit picketing on University
property. Second, they will lock out all members of CUPE 3903. Third, the
President will take such steps as are necessary to suspend all classes.
YUFA is opposed to all of these measures, and urges the Employer to
reconsider these significant changes of practice.
Picketing
The prohibition of picketing on University property is a significant departure from past practice, a narrowing of our rights, and a real physical danger to those who exercise those rights. Picketing on the property of this public institution in the event of a lawful job action is something that YUFA members themselves have done, with good reason, on several occasions, and may need to do again.
Cessation of classes
The change that would have the greatest immediate impact upon YUFA members is, of course, the cessation of all classes in the event of a strike. It has been YUFA's position in the past, and it remains our position, that in all disruptions of normal academic activities individual faculty are in the best position to determine whether their courses, seminars, labs, practica, etc. are viable given the disruption. We maintain that faculty members have the right to determine how best to meet their obligations to students and protect the academic integrity of their courses.
There is a Senate Policy on the Academic Implications of Disruptions or Cessations of University Business Due to Labour Disputes or Other Causes (Senate Policy #008, approved 1999/06/24). Section 3.2.2 of that Policy expresses what we believe should be the governing principle with respect the role of faculty members in responding to disruptions of academic activities in the event of a labour dispute:
3.2.2 In the case of such brief Disruptions, individual faculty are in the best situation to determine, in the first instance, the extent to which their courses, seminars, graduate supervision, labs, practica, etc., have been affected by a Disruption and what remedial action is required.
This Policy does not allow the President to impose a complete suspension of classes. We assume, therefore, that among the steps the President will take in the event of a strike is that of putting before Senate a modification to Senate Policy 008 allowing this change of practice. We urge all YUFA Senators to attend such a meeting, and vote against such a motion. We urge all YUFA Senators to defend our rights as individual faculty members to determine how best to protect the academic integrity of our various teaching-related activities. We must oppose the Employer's attempts to unilaterally control and alter our working conditions.
Protecting members' interests
My understanding of the Employer's position is that, should a strike take place and should they be able to effect a suspension of all classes, YUFA members will be expected to perform their non-teaching-related responsibilities of research and service, will have access to the campuses, and will be paid their normal salary. Librarians will be expected to fulfill all non-teaching related duties as well. We will be expected to make-up any academic activities related to teaching in whatever remediation period is set after the strike. What form remediation would take will be influenced, of course, by the length of the strike. Should all of these possibilities come to pass, YUFA will make every effort to ensure that the interests of YUFA members are as fully protected in developing remediation plans as is practicable. We will seek appropriate redress for any impact upon our members of loss of graduate research assistance, disruption of research plans and other harms suffered due to any extension of the academic term or year, including where appropriate compensation, consideration in tenure and promotion processes, and whatever else we believe our members may need.
In the meantime, I invite all members to write to President Marsden at presidnt@yorku.ca, urging her to reconsider these extraordinary measures and to reach a fair and equitable agreement with CUPE 3903 at the earliest possible date.
Yours, in solidarity,
Susan Dimock