YUFA
Executive
YUFA General Membership Meeting 2004 Minutes
Monday,
March 15, 2004
12:30 – 3:00 P.M.
Senate Chamber
Ross Building
Approval of the Agenda was moved by S. Dimock and seconded by R. Dyer. The motion carried.
1. Constitutional Amendment: S. Dimock moved and A. Hilliker seconded the constitutional amendment provided in the Agenda of the meeting. The amendment is to Article 6 “Officers” and changes under Article 6.1.d. the number of Equity Officers from one to two. The motion unanimously carried.
2.
Libel and Employment
Activities: As stated in
the Agenda for the meeting, “It
has come to YUFA’s attention that the Employer regards speaking with the
media in one’s area of expertise, research and teaching to be voluntary
and not part of members’ employment activities/professional
responsibilities. As a
result, they do not assume any responsibility for protecting us from
possible defamation (libel or slander) actions that may arise from such
interactions. In the summer
of 2003, Lorna Marsden and Susan Dimock set up a Presidents’ task force
to discuss the issue and reach a mutual understanding concerning
employment activities but it failed to reach a resolution.
The issue was then taken to the Joint Committee on the
Administration of the Agreement (JCOAA), where again the parties failed to
reach a common understanding. In
February 2004, we launched a policy grievance on the scope of Employment
activities.
We
ask that YUFA members come to this General Membership Meeting to discuss
possible political responses to this situation, such as:
a.
do nothing and try to bargain a clause on insurance for faculty during
the next round of negotiations;
b.
suggest that members withdraw from the University’s media list and refer
any media requests to the President of YUFA to explain the situation;
c.
YUFA President to proactively approach the media and thereby generate
media interest so as to put pressure on the Employer.
At
this meeting YUFA would like to get a sense from its members as to whether
they want to fight this and how. Please feel free to bring your thoughts
and suggestions.”
Discussion
of this issue was led by S. Dimock. The
background for the grievance, which arose out of the threat of a libel
action against Professor Robert MacDermid by Mr. Tony Clement, was
provided. Although the
Employer provides a list of individuals expert in particular areas to the
media, the Employer does not provide any protection for any of these
individuals for legal action brought against them as a result of speaking
to the media on their areas of expertise. There is no “libel chill” legislation in Ontario so a
wealthy corporation, for example, could effectively silence a critic
quoted in the media by the threat of a libel suit.
Even if the libel suit is unwarranted, an individual faculty member
would be unlikely to have the financial resources to pursue the matter in
the courts and might well agree to a settlement which could simply be to
agree not to comment further in the media on the issue leading to the
libel suit. If, however, the
University would provide legal support then the “chill” could be
avoided. There was general agreement that the University should
provide such legal support to YUFA members. However, it was also suggested
that the exact nature of the legal protection and what it specifically
applied to must be made clear. It was also suggested that, should a
faculty member make a truly unwarranted and libelous statement, the
University, although it may provide legal support, could subsequently
discipline the faculty member, or even, in the case of gross professional
misconduct, initiate termination of employment.
Although no vote was taken, there appeared to be general support
for the notion that YUFA members continue to talk to the media but inform
the media about the Scope of Employment grievance.
S. Dimock stated that YUFA Executive will gather more information
about the issue from within YUFA, from CAUT and OCUFA, from other Ontario
Faculty Associations and from Federal Granting Councils.
S. Dimock also stated that the YUFA Executive is obtaining a legal
opinion on the matter and will provide more information to YUFA members at
a later date.
3.
Other Business:
None.
The meeting adjourned as scheduled at 3:00 P.M.