Executive Officers' 2004-05 Workplan Progress Report

Chief Stewards and Co-Chairs of YUFA’s Grievance Committee and Stewards’ Council.

The work of the two Chief Stewards, both constitutionally and as it has evolved over the immediate past, is:

1. to assist and represent YUFA members in contract-related matters vis-à-vis the York University administration as these move from meetings with the Employer’s representatives through the various stages of the dispute resolution process (Article 9);
2. to grieve any policy issues which may arise out of the work of YUFA’s various committees and / or the encounters which YUFA members may have with the Employer, and to handle the grievance process which ensues;
3. to chair meetings of, and expedite the work of, (a) the Grievance Committee and (b) the Stewards’ Council;
4. to liaise with, and attend meetings of, YUFA’s Executive Committee and the Joint Committee on the Administration of the Agreement (JCOAA); and
5. to disseminate information through the Chief Stewards’ webpage.

In carrying out these tasks, our general goals have been to defend YUFA members’ rights and the integrity of our Collective Agreement and to work to strengthen YUFA’s capacity to advance equity at York University.

1. Among the many issues which faculty members / librarians have brought forward, have been concerns and complaints relating to harassment, lack of collegial support / behaviour, academic freedom, accommodation in the workplace, access to LTD benefits, post-retirement teaching, tenure and promotion, workload credit calculations and unit-based workload inequities, intellectual property rights, inappropriate materials in personnel files, graduate supervision credit (Appendix O), sabbatical and vacation entitlements, class size increases, research releases, intra-university transfers and exam scheduling. We have also represented several faculty members in disciplinary meetings.

2. The policy issues with which we have been concerned have also been numerous. They include class size and workload increases, CLA and SRC workloads, sabbatical credit for faculty with experience in CUPE 3903, the re-structuring to form a new Faculty of Health, the frame of reference of the ombudsperson, academic freedom and the temporary use of University space, libel indemnification for faculty / librarians speaking to the media and the use of mortality tables in pension calculations. YUFA’s grievance over gender inequities in salaries and, hence, pension payouts under the Employment Standards Act has had several days of arbitration hearings and is ongoing. We are still awaiting a decision from the arbitrator on whether the grievances will be made retroactive.

3. The Grievance Subcommittee has met periodically to offer advice and suggestions on policy issues and grievances. A protocol documenting YUFA’s internal management of grievances has been prepared, as requested by Stewards’ Council (see below) and was discussed by the Subcommittee. The Grievance Subcommittee has proved an excellent forum for reviewing and debating the policy problems which the Chief Stewards confront and for offering advice to the Executive Committee on these issues.

In chairing and expediting the work of the Stewards’ Council during the past year, the Chief Stewards have aimed (a) to educate new stewards in union practices and (b) to highlight for stewards the immediate policy concerns which were confronting YUFA. The Chief Stewards’ plans for the six Stewards’ Council meetings during the 2004-5 academic year was therefore fourfold: (i) to receive reports from the YUFA caucuses of the various YUFA-Employer joint committees; (ii) to explore unit practices in various areas with the aim of exchanging information and ideas across unit boundaries; (iii) to provide updates and ideas on policy grievances; and (iv) to continue the practice established the previous year of reviewing in detail particular articles of the Collective Agreement. Therefore: 

1. Reports were received (and discussed) from the Equity Committee, the Health and Safety Committee and the Joint Committee on the Administration of the Agreement (JCOAA). Council also received a report from, and provided information to, the Contract Review Committee (CRC).

2. Stewards discussed at length, and over several meetings, workload practices (including class sizes) and how to encourage their units to add more detailed information to their units’ Workload Documents (originally submitted to JCOAA in April 2000). Stewards’ Council also requested that the CRC carry out a survey on workload.

3. Several important policy grievances were explored and / or acted upon. The 2001/2005 Budget Cuts and Workload grievance were discussed, partly in association with Workload Documents. Discussion of the failure of the Employer to have unit participation in the initiative of a new health-related faculty led Council to move that Executive file a policy grievance (on Article 18.27) and continued to monitor the participation of units in plans for the proposed Faculty of Health. Council also asked the Grievance Subcommittee to prepare a document which would explain YUFA’s internal grievance practices so as to make the everyday processes clear to all. Also explored were the policy grievances over the use of public space at the University and the issue of the “chill” around academic freedom which has enveloped the university. The latter issue prompted Council to write an open letter to the President of York on the issues of “presidential authority” and the privatisation of public spaces, as it culminated in the events of 20 January 2005. It also prompted a motion that stewards approach their units to encourage them to sign, as units, the Berland letter objecting to the police presence on campus. The Employer’s frame of reference for a new ombudsperson also was examined, as were the changes in the Centre for Human Rights, especially the ways in which these impact on, and breach, our Collective Agreement. Stewards’ Council asked Executive to investigate the new ombudsperson office – its definition of equity, its anticipated role in education – and the impact of its creation (i.e., the re-structuring of various centres and offices and the firing of personnel who have long been associated with equity efforts at York).

4. Through the above issues, Council had opportunities to review numerous Articles of the Collective Agreement – on workload (18.08.1), collegial decision-making (18.27), re-structuring and re-deployment (18.27-18.36), academic freedom (10), grievance procedures (9), discipline (16) and personnel files (22).

Along with this work, Stewards’ Council carried out its ordinary business of approving the various work plans of Executive Committee members, ratifying memberships to the various joint committees and dealing with ways to recruit new stewards.

4. Through attendance of both Chief Stewards at all Executive Committee meetings and by virtue of one of the Chief Stewards’ membership on JCOAA (Dyer), the Chief Stewards provided on-going connections among these various YUFA bodies and functions. As well, consultation by the Contract Review Committee (CRC) on workload issues was organised by one of the Chief Stewards (Silverman) as a Sub-committee on Workload and included a seminar on Article 18 with YUFA's legal counsel. This fed into the Chief Stewards’ monthly meetings with the Director of Academic Employee Relations (YUFA-Employer Grievance Committee) in order to discuss on-going complaints and grievances. Attendance and participation in the luncheon series for new faculty also allowed the Chief Stewards to hear the concerns of new faculty / librarians and to address contract issues. Both Chief Stewards were also active on the Sub-committee on the Scope of Professional Employment (Libel Coverage), generated as a result of YUFA’s grievance on the issue and the Employer’s offer to discuss the matter. Also, under the guidance of the Chief Stewards, and as a result of the Budget Cuts grievance (2001/2005), a Workload Survey was designed by Keith Aldridge in association with the Chief Stewards. One of the Stewards (Silverman) was also a member of the joint YUFA-Employer Article 18.13 / 18.14 Committee. Finally, the Chief Stewards are currently preparing contract material and language on Article 9 for the use of the Collective Bargaining Committee in the upcoming round.

5. Much of the work carried out by the Chief Stewards resulted in documents being prepared, several of which were placed on YUFA’s Website. These included “YUFA’s Stewards”; “How to be a YUFA Steward”; “We Live in Interesting Times: What Does that have to Do with a Workload Document?” and “YUFA’s Internal Practices in Dealing with Problems, Complaints and Grievances.” Work on the YUFA Website also included the preparation of Advisories to members concerning their rights in re-structuring and in relation to discussions around the proposed new Faculty of Health, the March 15^th Reports, etc. On several occasions, summaries of Stewards’ Council meetings were also posted.

All this work has been made possible by the excellent efforts of Monica Mulvihill (Grievance Committee; Stewards’ Council; main staff person for grievances) as well as Brenda Hart (JCOAA; grievances), Jill Flohil (website, grievances) and Heidi Bishop (office).

Communications Officer - Jay Rahn

Among regular responsibilities of the Communications Officer, I wrote and posted the monthly Executive Summaries as well as notices and reports concerning meetings of the General Membership. Other regular responsibilities included participation in meetings of the Executive Committee and Stewards' Council.

As planned in my 2004-05 work plan, I solicited items for, and represented YUFA’s interests on the Editorial Collective of Critical Times. For this periodical, I also compiled and wrote items for the YUFA page and the ‘2+2=5’ entry. Also anticipated in the 04-05 work plan, were Webpage materials connected with Stewards' Council and the DisAbility Caucus.

This year the new faculty member lunches were increased from three to four, including a meeting with pre-tenure faculty at Glendon. As had been planned for 04-05, I also prepared an extensive Unit Handbook to serve as support for President Hilliker’s visits to individual departments / schools / divisions.

Unanticipated in the 2004-05 work plan were communications activities that arose from the Freeman-Maloy suspension / rustication, equity issues concerning mandatory retirement, the notion of a health-related faculty, and the police brutality of January 20. YUFA’s main communications concerning the latter are gathered at its Free Speech Webpage.

Activities carried over from my previous role as Vice-President Internal included filling in for the Association’s Recording Secretary, June-July; serving on JCOAA and the Joint Long Range Planning Committee, June-January, and on the Joint Health & Safety Committee, June-December. Additional functions included Working Groups concerning the Rae Commission, Libel / Scope of Employment, and Articles 18.13-14.

Still in the works are Webpage materials on Health & Safety and Equity as well as the bargaining priorities questionnaire and, with the Treasurer, revised By-laws concerning YUFA’s finances.

Equity Officers - Narda Razack and Didi Khayatt

Narda Razack’s term as Equity Officer began mid-term, January 2004, succeeding Ena Dua. The second Equity Officer, Didi Khayatt, began her term on June 1, 2004. The Equity Officers have a rather broad mandate to make York an inclusive and welcoming institution for all YUFA members and especially to examine the needs of those belonging to the designated equity groups. Brenda Hart is the YUFA staff member assigned to this Committee. Both Equity Officers attended YUFA Executive meetings, which are held twice monthly, as well as monthly Stewards' Council, Race Equity Caucus and other meetings, deemed necessary under this portfolio. We also met with on a few occasions with the AA (Affirmative Action) Officer Carl James to discuss equity issues.

We have begun to review the language pertaining to equity issues in the current Collective Agreement. Below is an outline of the work of the Equity Committee over the past year.

Equity Audit:

An equity audit was on our agenda last year. This topic continues to be discussed at our meetings and was duly considered at the forum last year to decide if such an audit would be the most appropriate plan of action for the Equity Committee. After much discussion we agreed to begin with the first item on the audit, the degree of diversification of the faculty relative to the student body to consider targets to ensure fair representation. This issue will be a major item for continued discussion as it is an item for bargaining. Once more we sought statistics to assist us with this goal. Narda Razack and Tania Das Gupta (Chair of Race Equity Caucus) met with the Administration on this issue and we have agreed on a course of action.

Caucuses:

Both Equity Officers attended several of the monthly Race Equity Caucus meetings. This Caucus has a core group of committed members who discuss issues pertaining to speaker security matters, tenure, promotion and hiring policies and procedures. A planning committee was struck to plan an event for the Fall 2005. There will be a new chair of the Caucus. We also met with a member from the DisAbility Caucus and an invitation has been issued to the caucuses to attend and participate in the Equity Committee. We recently nominated Geoffrey Reaume to the Equity Committee. The Queer Caucus, although not active this year because of a lack of a chair to convene meetings, has recently acquired two temporary co-chairs, Kym Bird and Didi Khayatt, to call the first meeting of the Queer Caucus in the Fall 2005. The First Nations Caucus has not officially met as a group, but Peter Cole has resumed as a member of the Equity Committee as of the Fall 2004.

Research:

There have been studies completed on equity from various sectors. We have accessed information from other universities on the matter of including GBLTQ in their Collective Agreements. We have sought expertise on mandatory retirement and also spousal hires, which continues to be on our agenda.

Bargaining:

The Equity Officers and the Chair of the Race Equity Caucus met with the Contract Review Committee. In the process of reviewing the Collective Agreement throughout this year, as well as at our informal meetings with the Affirmative Action Officer, Carl James, the Equity Officers presented the Contract Review Committee with five items for consideration that are important to our members in the various caucuses as well as from the membership at large. These include:

1. Inclusion of GLBTQ as a fifth equity seeking group
2. Hiring process: training sessions for the entire hiring committee and other processes to ensure more people from the equity seeking groups are actually hired
3. Thresholds for other equity-seeking groups similar to those for women
4. Removal of mandatory retirement clause
5. Replacing Appendix “S” with the Employment Accommodation Process protocol.

Talk is continuing with our members regarding other equity issues we would like to bring to the negotiators in the Fall 2005.