Strike and Defence Hardship Fund

Dear Unit 1 Members,

In recognition of the financial difficulty and hardship that many of our members are experiencing as a result of the back to work protocol, a motion was passed at the GMM on November 26 to establish a Strike and Defence Hardship Fund. The fund will be dispersed according to applications made by members at three levels of need: $100 (basic need), $200 (increased need), $300 (exceptional need). Applications should be filled out as completely as possible with a full explanation of need attached. Please find a pdf of the application here.

The due dates are:

Saturday November 28: for funds needed for December 1
December 7: for funds needed before the holiday break
December 15: FINAL deadline to access the fund.

Applications should be submitted to the office, or to the drop-box outside the office during closed hours. Any questions can be directed to Heather Johnson at benefits@cupe3906.org.

In solidarity,

Heather Johnson
CUPE 3906
Benefits and Advocacy Officer

Summary of the Modest Gains Made in Unit 1 Bargaining

Dear CUPE 3906 Unit 1 Members,

Without losing sight of the shortcomings of our new contract, and the punitive back-to-work protocol, it is important to understand the gains made in this round of bargaining.   These gains would not have been possible without the determination of our members, and each of these gains will have to be defended during the next two years.   This round, we:

* won a wage increase of $.85 year 1 and $.55 year 2 (for a total of about 2.2% and 1.2%)
* brought Class “B” undergrad TAs up by more than 3% per year to $22.15 in year 2
* increased the employer dental premium contribution for eligible members increased by $36 per year, bringing total compensation to 2.6% and 1.6%
* won no offset language, to protect wage increase against erosion due to scholarship reductions 
* protected the minimum guarantee from reduction in future years due to taking a leave or going on field research
* protected members from automatic termination upon completion of degree or change to part-time status
* protected members against being required to work past the end of term (with pay provisions if require)
* enshrined the Labour/Management Committee
* added new violence in the workplace language
* added new health and safety language, including employer-paid safety equipment
* ensured that all course texts will be employer-provided, at no cost to the employee
* won improved bereavement leave, 2 personal leave days and other leaves improvements
* reduced the threshold to be included in higher-paid Class “A” rate (to holding a 3-year degree)
* won union notice in advance of changes to policies effecting bargaining unit members, and other union security language
* ensured that health and safety reps will now be paid above their regular contract hours
* ensured that RAs and undergrad TAs will now have Hours of Work Forms to protect against overwork 
* enshrined a fair system for appointing members to work beyond one full-TAship (260 hours)
* improved book-off language for members seeking union officer leave
* won language allowing union officers flexibility to re-schedule work to attend to union business, such as grievances
* reduced the cost paid by the union for copies of the collective agreement
* improved the early steps of the grievance process
* fought off concessions around the probationary period, evaluations, and termination

Again, good work everyone — without your determination, none of these gains would have been possible.  In the years ahead, we have a great deal of work to do to bring our Unit 1 contract up to standards set at other universities across the province.    For now, while we work to strengthen our union, we can also be proud of our achievements this year. 

See you soon, and in solidarity!

Back to Work Protocol and Grievance Process FAQ

Back to Work FAQ

My supervisor has not held a meeting to discuss the 7.7% reduction in hours of work this term or to amend the hours of work form. What should I do?

If your supervisor has not yet scheduled a meeting with you to amend the hours of work form, we encourage you to request a meeting. Although it is the supervisor’s primary responsibility to hold such meetings, it is also in your best interest to follow the procedures outlined in the collective agreement.

My supervisor has scheduled a meeting to discuss a reduction in my hours of work. What should I do?

You should attend the meeting and participate in the discussion about the reduction in your hours of work. Ask questions about how your supervisor expects you to reduce your hours of work and in particular what duties or tasks will be reduced or eliminated. The changes to your contract hours must be clearly identified on your Hours of Work Form. For example, if your marking hours are being reduced by 10 hours, it should be clear that you are marking 20 less essays, or that the essay length has been reduced.

Do I have the right not to initial the hours of work form if I disagree with the way in which the hours of work is to be amended?

Yes, you have the right to not initial the form with the changes when you initially meet with your supervisor to discuss amendments to your hours of work form. You should then request a meeting with the supervisor, department chair and a union rep to try to resolve the issue.

Alternatively, if your supervisor insists that you initial the changes regardless of your concerns about their reasonableness, you may feel uncomfortable refusing to do so. If you do feel you must initial changes that you feel are unreasonable, please contact the union immediately.

I have already met with my supervisor about the 7.7% reduction in hours of work this term and have initialed an amended hours of work form. How should I proceed?

If you have already met with your supervisor and consented to a reduction in your hours of work, you should perform your duties as outlined on the amended hours of work form.

However, because of the practical difficulties associated with this reduction of hours in many courses, we encourage you to keep track of your hours. If you find that you are unable to conform to the new hours of work, you should request a meeting with your supervisor to discuss your concerns and arrive at a reasonable resolution. This resolution might simply be a re-adjustment of your hours of work or, if you believe additional hours are required and your request for additional hours is approved by the supervisor in advance of performing such hours, payment for the overwork you are performing as per Article 12.03(f) in the collective agreement. If you are able to resolve the matter with your supervisor, you should contact the union.

My contract has been reduced by 10 hours but I do not feel that the reduction of work is reasonable. What should I do?

If you do not feel that your supervisor has amended your hours of work in a reasonable way, discuss the issue with your supervisor. If you cannot come to an agreement about how your hours should be amended, contact the union.

My supervisor has indicated that they will not be amending my hours of work form to reflect a reduction in hours, because they feel no reduction in hours is possible or fair. What should I do?

Your supervisor should request that the department chair approve the “additional” hours and ask for an exception to the Back-to-Work Protocol through Peter Smith. Although it is once again the supervisor’s responsibility to follow this procedure, it is in your best interest to make sure that they do so. If the additional hours are not approved, then you must amend your Hours of Work Form as necessary. If at this time, or at some point in the future, you become aware that you will be unable to perform your assigned duties, you must follow the procedure established in Article 12.03(e) and 12.03(f).

I finished my TAship before the strike. Will my pay or hours of work be affected?

There should be no alteration to your contract or pay if you finished your contract before the strike began. If you do experience a reduction in pay, speak to your supervisor. If they are unable to correct the problem, contact the union.

I supported the strike and/or did not fill out a verification of intent to work form. I was not contracted to work any hours this term but am next term. Will I lose any pay?

You should not lose any pay if you were contracted to work next term but not this term. If you do experience a reduction in pay, speak to your supervisor. If they are unable to correct the problem, contact the union.

I worked during the strike but did not fill out the weekly verification of intent to work form. What should I do?

There was no collective agreement in force during the strike. As a result, you cannot grieve the issue. However, work without pay may be a violation of the Employment Standards Act. If you contact the union, we will go through the Act with you and work with you to resolve the matter.

I was on paid collective agreement leave, such as sick leave, maternity leave, bereavement leave, vacation, etc. Will I lose any pay?

Contact the union so we can deal with your situation on an individual basis.

I’m an RA who was “bought out” of my TAship by my supervisor so I could devote all my time to my own work this term/academic year. My RA work is thus also my academic work. My hours of work were reduced by re-classifying the same work as academic work. What should I do?

Please contact the union and we will work to assist you.

What should the reduction of hours of work look like?

The appropriate number of hours must be removed from your contract. The actual work for your employment should be reduced and it should be clear on the hours of work form how this reduction has been made. This can be done in several ways. You might be given fewer assignments or exams to mark. The length of papers or number of exam questions might be reduced. You may be required to hold fewer office hours or to reduce the number of hours spent on student consultations. You cannot simply be asked to “just mark faster.”

My department chair has instructed supervisors that there is no additional money available for TAs (either for regular hours of work or for overwork).

Supervisors are responsible for devising a plan for reducing the actual amount of work that their TAs or RAs (whose hours are being reduced) are required to perform. For instance, they might reduce an exam from 7 to 5 questions, or reduce the length of the final essay from 8 pages to 4 pages. TAs and RAs should try to conform to their new hours of work. If there is no alternative but to work more hours, they should contact their supervisor and use the process outlined in Article 12.03(e) and (f). If the issue cannot be resolved by the supervisor (either by an appropriate reduction of work or by paying for the overwork) they should contact the union. If any TA or RA is required by their supervisor to work beyond their contracted hours, these worked hours must be paid. If you are in this situation, and need assistance, please contact the union for support.

What are my rights if I run out of hours while waiting for a decision or a second meeting with the chair, after I’ve already taken all the necessary previous steps (the pre-grievance meeting)? Can I simply stop working?

Many TAs routinely work in excess of 130 hours each term without getting paid and you may be close to your new maximum paid hours (120 for a full TA) when you meet with your supervisor to amend your hours of work. Many TAs and TAs may be pressured to work beyond their hours by the time a second pre-grievance meeting to resolve an issue pertaining to hours of work is held. The union is presently working out whether or not such people can legally stop working once they’ve hit 120 hours as long as they’ve had their first pre-grievance meeting. However, until we figure out the implications of this for individuals TAs, it may be in your best interest to continue working if your supervisor requests that you do so. What you do is ultimately up to you, but refusing to work may have an adverse affect on your chances of winning a grievance against the university. It can also leave you vulnerable to disciplinary action. If you are required to work beyond your contracted hours, and choose to perform such additional hours, please contact the union and be sure to record all of your additional hours worked.

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Grievance Process for Overwork Issues:

The grievance process available to Unit 1 members is outlined in Article 10 of the Collective Agreement. The grievance process for individual members generally begins with an informal, pre-grievance discussion between the employee and their supervisor, as outlined in Article 10.01(c)(i) of the Collective Agreement.

A group of members (such as employees within one course or department, or who face the same issue) can file a group grievance (via the union) together, as per Article 10.03 of the collective agreement. Such formal grievances are filed directly at Step #2 (with the Dean of the Faculty) within 20 days following having received the ruling from the department chair, usually following an attempt to resolve the issue through the pre grievance process.

Specifically, in the case of issues pertaining to hours of work (such as overwork, unreasonable duties, changes to the Hours of Work Form), the pre-grievance step is described in detail in Article 12.03(e).

It states that, “where an employee…has any reason to believe that he/she may be unable to perform the duties of the position within the hours specified, the employee should meet with his/her employment supervisor.” At this meeting, any changes made to the employee’s hours of work must be amended on their Hours of Work Form, which must then be initialed by the employee and then sent to the department chair for
approval.

If the chair approves the changes, the matter may be resolved. However, “if the matter is not resolved to the employee’s satisfaction, he/she may then meet with his/her employment supervisor and chair of his/her department for a final determination.” During this meeting, the employee has the right to have a union representative present, who can act as an advocate.

If the employee chooses not to have a union representative present a this meeting, and if the matter then proceeds to the formal grievance process, the employee will file a grievance at Step #1 with the chair of the department, as described in Article 10.01(c)(ii).

A grievance filed at Step #1 must be submitted by the union, on the employee’s behalf, within 20 business days following the date on which the employee received the final determination on the matter from the department chair. However, if the employee does opt to have a union representative present at the meeting with the supervisor and department chair, and the matter is not resolved, the union will then file a grievance with the Dean of the Faculty, on behalf of the employee, at Step #2 of the grievance process, detailed in Article 10.01(c)(iii), within 20 business days following the response by the department chair. In the event that the grievance is first heard at Step #1, the same process applied for referring the matter to Step #2 as detailed above.

If the issue is unresolved following Step #2, the union (on behalf of the employee) can refer the grievance to Step #3, as described in Article 10.01(c)(iii), with the Associate Vice-President, Academic (Peter Smith). This must be done within 15 business days following receipt in writing of the employer’s response to the Step #2 grievance.

If the matter remains unresolved following Step #3, the union (on behalf of the employee) can refer to the matter to binding arbitration (as soon as possible, but no time-frame is given in the contract), as described in Article 10.08.

The grievance process can be very long and frustrating, and can often take up to a year to be completed. That said, you will be supported at every step, and if many members file grievances addressing similar issues there is greater likelihood of a more timely resolution.

Update on lost pay; retroactive pay increase; dental premiums

Dear Unit 1 members,

Regarding your pay over the next 2 months, the follow points have been confirmed by Human Resources:

• Any reduction of pay for the period of strike will be made once, on the November pay (November 26, 2009);
• The implementation of the employer’s additional $3.00 contribution to Dental Plan will be effective as of the November pay; (don’t worry — CUPE National paid your premiums during the strike);
• The retroactive wage incease payment for the additional 85¢ per hour will be made on the December pay (December 10, 2009).

Please let us know if you experience problems pertaining to any of the above, and we will work to remedy them.

Members should also see the post below this one for more information regarding the Back-to-Work Protocol.

There is a meeting on Tuesday morning at 10am in the strike office, 17 Paradise Road, for members concerned about the negative impact of the Protocol on students and workers, and wishing to discuss next steps.

 

Unit 1 Members — Information Regarding the Back-to-Work Protocol

As you know, CUPE 3906 has signed a back to work protocol with the Employer to guide you back to your duties.

The Provost has sent a letter to deans and chairs explaining the implementation of this protocol. It explains that instructors should meet with their TAs and RAs to amend the hours of work forms and adjust their duties accordingly. We expect that your supervisor will contact you over the next week to hold a meeting to discuss the reduction of your Hours of Work this term by 7.7%. (In a 130-hour contract, this reduction represents 10 hours to a new total of 120 hours.) Until your supervisor requests such a meeting, you should continue to perform your normally assigned duties.

The process for amending the Hours of Work forms is outlined in the Collective Agreement in Article 12. The primary responsibility for making changes to hours of work lies with supervisors. However, you also have a responsibility to inform your supervisor when you have reached your allotted hours for any given duty, and to request a meeting to amend the form and make any necessary adjustments. In all cases, any changes must be signed off by yourself, your supervisor and your department chairs. These meetings are paid time, and we anticipate that multiple meetings may be necessary as everyone adjusts to the new framework for this term.

Finally, please direct your attention to article 12.03(f) (see below), which provides for protection against, and payment for, “overwork.” It states that if a supervisor determines that additional hours need to be worked, such hours will be paid. This change should be attached to the Hours of Work form, with copies distributed to the department, union, supervisor and yourself.

If you cannot come to an agreement with your supervisor regarding the adjustment to the hours of work form, we advise you that you can request a second meeting with a representative of the union present, as per article 12.03(e) (below). (Issues that may arise include, for example, insufficient hours allocated for grading given the volume of assignments to be graded.) Please see Article 12 of the new contract at http://unit1bargaining.files.wordpress.com/2009/11/employer-12-vtabled.pdf or contact the union at staff@cupe3906.org if you have more concerns about overwork.

Several additional key points of the protocol are worth noting:

• No reprisals: No bargaining unit member, regardless of whether s/he chose to participate in the strike, can be subject to any reprisals from either the Employer or the Union in their academics, future hiring decisions or discipline, benefits, or relationship with her/his department or supervisor. This includes protections for everyone from harassment, intimidation and discrimination.
• Protected benefits: dental benefits will be unaffected by the strike, with the Union making pro-rated contributions to cover the period of the strike.
• Dispute resolution: any dispute arising from the protocol will be resolved using the regular grievance procedure.
• Unpaid time: the University administration has deemed the strike to be unpaid time in the amount of 7.7% of the term contract. For employees with 130 hour appointments, this represents 10 hours of work. To be clear, this reduction only applies to this term. As such, 260 hour appointments worked over two terms should not be reduced by 7.7%, but by 10 hours.

As the CUPE executive, we are deeply concerned about the contents of this back-to-work agreement and signed it only because we felt that we had little choice. It is absolutely precedent setting not only at McMaster, but across the university sector. Our greatest concern is that a reduction of 10 hours does not in most cases reflect actual missed time. The Administration’s interpretation of the protocol does not provide for any opportunity to make up this “lost” time.

This protocol will require unnecessary and punitive cuts to course content. This is unacceptable, as it will hurt our students and directly impact the quality of education at McMaster. For example, solutions the University has proposed include reducing instructional hours (i.e. less class time, fewer office hours, eliminating e-mail contact) and amending assignments and exams so that they “take less time to mark,” including moving from long answer to multiple choice format.

We believe that an adjustment of duties to “fit” 120 hours will be difficult or impossible in most cases, and members should be aware of the process as established in Article 12 as a potential solution. Again, remember that you have recourse to a second meeting to discuss amendments to your hours of work contract, including access to union representation if you cannot come to agreement with your supervisor at the initial meeting.

We would be happy to answer any questions or address any concerns you may have about the back to work protocol. We would also be happy to meet with you to discuss any of these issues, and to work with you as we overcome this difficult situation. As a Unit 1 member, you are welcome to attend our upcoming planning meeting to discuss “what happens next” this Tuesday November 17 at 10am in the strike office. (Please contact staff@cupe3906.org or 905-528-2873 for more information.) Also, if you have any concerns prior to a meeting with your supervisor, please come to strike office and bring your hours of work form.

In solidarity,
Your CUPE 3906 Executive

APPENDIX ~

12.03(e) The employment supervisor may require additional meeting(s) to discuss changes to and amend, if necessary, the Teaching Assistant Hours of Work Assignment form at any time throughout the appointment. Also, where an employee, subsequent to such meetings, has any reason to believe that he/she may be unable to perform the duties of the position within the hours specified, the employee should meet with his/her employment supervisor. Any changes to the employee’s assignment will be attached to the Teaching Assistant Hours of Work Assignment form and such revisions will be initialled by the employee to indicate that he/she has been advised of the change. The revised form will be submitted to the head of the academic unit, or his/her designate for approval and initialling. Thereafter, the original copy of the revised form will be retained by the Department and a copy will be sent to the union office. If the matter is not resolved to the employee’s satisfaction, he/she may then meet with his/her Supervisor employment supervisor and Chair (or his/her delegate) of his/her department for a final determination. If the employee chooses to have a Union Representative present at such a meeting, any subsequent grievance would be filed at Step 2 of the grievance procedure as outlined in Article 10.

12.03(f) In the event that the employee and the employment supervisor are unable to achieve an adjustment of hours of work as set out in 12.03(e) and the employment supervisor, prior to the work being done, determines that additional hours need to be worked, such hours will be paid to the employee and the change will be attached to the Teaching Assistant Hours of Work
Assignment form and copies distributed as set out in 12.03(d).

Please log all of your hours:

With the reduction of TA ships from 130 to 120 hours for most graduate TAs for this semester, it is now more important than ever that all of our members track the number of hours of work they put in. We ask that all members download the hours of work form and diligently track all hours spent on employment duties. Employment duties include preparation time, email, office hours, tutorial leadership, etc.

This log is for your own personal information and can provide the evidence for requesting additional paid hours through the provisions of the collective agreement. Your supervisor can NOT require you to fill out this log, nor can they require you to produce it. If any supervisor requires or pressures you to fill out this form, please contact our staff at: staff@cupe3906.org

The hours of work log can be downloaded here.

Message from Equity Officer

TO ALL MEMBERS:

As we head back to our tutorials and classes, please bear in mind that harassment, intimidation, and insults in all forms will not be tolerated. If any of these incidents occur to you at any given time, please do not hesitate to contact me at equity@cupe3906.org or cupe3906@yahoo.com and I will assist you in dealing with these issues accordingly.

For those who have already violated our equity principles before and during the recent strike, your cases are now in the works. We uphold our equity statement very seriously and as your Equity Officer, I will make sure all legalities will be considered.

Subject: Back to Work Protocol for Unit #1 Members – 7.7% Loss of Paid Hours.

Unit 1 Members,

Today your bargaining team regretfully signed the back to work protocol.  In order to protect member’s rights as they return to work, we had no choice but to do so. Your bargaining team and executive are both shocked and deeply concerned by the contents of this protocol, which are unprecedented both at McMaster and in the sector. However, the employer was intractable in their position. We feel as though this protocol is punitive in nature and is a direct attack on the membership for showing your strength on the lines this week.

The protocol outlines how TAs and RAs in lieu will be integrated back into the classroom. As of tomorrow (Wednesday, November 11), our unit will be back to work. You should report to work as usual.

The protocol will protect you, after you return to work, from any reprisals.  It enshrines that bargaining unit members will not face any reprisals from either the union or the employer for the choice to participate or not to participate in the strike.  Regardless of your own choice, you cannot be treated differently in regards to your academics (such as grant applications), any future hiring decisions or discipline, your benefits, your status as a union member or your relationship with your department and supervisor.  We have agreed upon a dispute resolution system through the regular grievance procedure to resolve any breach of this protocol.  Also, your benefits have been secured.

The University Administration has decided that the period of the strike will be deemed as unpaid time.  As such, any bargaining unit member who did not fill out a weekly verification of intent to work form will lose 7.7% of your paid hours for this term.  For a 130 hour position, this represents a loss of 10 paid hours or approximately $350 after deductions.

We acknowledge that this protocol will cause financial hardship for all of our members. The nature of this hardship will be different for all of our members and will impact individuals in different ways. Also, if you are on leave or have completed all of your appointed hours, please ensure that you let us know so that we can defend your rights as a worker.  Your executive and bargaining team are currently working on ways to address this additional loss in pay and support our members. Please understand that our options are very limited at this point. We will have more in-depth discussion about these issues and present options at our next GMM, which is scheduled for November 25^th at 5:00pm. In the meantime, we invite suggestions for courses of action from our membership. Please email these suggestions to: <staff@cupe3906.org>.

If you have questions or trouble with your pay, our office will remain at 17 Paradise Road S until November 21^st, after which time the office will move back to our regular campus location.

To our fabulous picketers

To our fabulous picketers;

We are writing to express our sincere thanks to all of you who have been out on the lines in the past week.  We cannot tell you how proud we are of all of you, or how much of an impact you’ve had on our McMaster community.

As you’ve heard, the vote tonight was 58% in favour of ratifying this contract.  Do not, in any way, regard this as a defeat!  The changes we’ve wrought over recent days can’t be underestimated.  The solidarity we’ve built, the community we’ve changed, the apathy we’ve broken through, and the issues we’ve raised have forever changed McMaster.  Never would we have thought that this was possible three years ago – or even one year ago!

Your support of each other in our struggle to fight for quality education, for access to jobs, and to defend our wages and benefits against erosion has been exhilarating.  More than that, your support of each other is inspiring.

We truly believe that there is far more positive to take away from this experience than there is negative.  For one, we KNOW the University administration noticed us!  The Union is truly stronger than ever, and we cannot be dismissed.  We have a voice that is speaking for not only our own members, but for all of the members of the McMaster community in a way that has been truly absent.  This voice is not absent any longer, and we’re looking forward to being louder and stronger than ever in the days, weeks, months and years to come.

The years of this contract are going to be years of significant change at Mac.  We’ve got a new President arriving, SEIU and CAW (who you may have seen on our lines!) will be negotiating collective agreements, as will our own Sessional Faculty.  The post-secondary sector is facing challenges in access and funding.  CUPE 3906 has in the last months and weeks established itself as a leader – thanks to you! – and we can continue to build on that strength.

Thank you, we love you, and we’ll see you at a party in the VERY near future!

With gratitude and pride,

Your Bargaining Team

Diana Zawadzki

Rebecca Strung

Derek Sahota

Marc Ouellette

Nicholas Longaphy

Heather Johnson

Nancy MacBain

Jesse Payne

RESULTS OF RATIFICATION VOTE

Dear Members

The results of the November 8th and 9th ratification vote are as follows.  This vote was conducted under the protocols laid out in the local?s bylaws, monitored by an external supervisor and counted by two elected scrutineers.  It represents the democratic will of the membership of this local.  This vote has been the latest step in an ongoing democratic process.

The members have voted 58% in favour of accepting the Employer?s offer.

The Canadian Union of Public Employees, local 3906 has accepted McMaster?s University?s latest offer.

WHAT NOW?

The membership of this local has opted to accept the employer?s contract and, as a result, cease strike activity effective immediately. We will be meeting the Employer at 10 A.M. tomorrow to negotiate a back-to-work protocol that will set forth the conditions by which members will resume their regular duties as teaching and research assistants.  Please contact our strike office at  905-528-2873 if you have  questions about returning to work.  Details of this agreement will be made available as soon as possible.  Please continue to check the blogs and your email for information.
unit1bargaining.wordpress.com
unit1strike.wordpress.com

In solidarity,
Mary Ellen Campbell
President, CUPE 3906