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AdvoCAAT Roving Repurrter Update

Below is the memo mailed to all Full Time Faculty on May 5, 2010, from Doug Law, President Local 244. It summarizes the state of post-election negotiations. There is also a link to management's Last Offer which, as you will read, is still to be heard before the Labour Board. In the Last Offer, please refer to the margin notes - management lawyers wants to remove them from the final draft - OPSEU argues that they were part of the package for which 51% of us voted.

Memo To: All Full-Time Faculty
From: Doug Law, President OPSEU Local 244
Re: Article 11.09 – Modified Workload Arrangements (MWA) and Management’s Last Offer

Management’s Offer for Settlement dated January 27, 2010 was sent by Human Resources to all full-
time and partial load faculty on February 5, 2010 via both email and hardcopy (to your home
addresses).

One of the new articles is 11.09, entitled “Modified Workload Arrangements (MWA). Although a
teacher gives up their protections under the traditional workload 11 articles, new constraints have
been added to 11.09 that in effect provide protections for faculty. They are as follows:

1. The MWA are intended to meet special delivery needs for specific programs/courses... flexibility
outside the restriction of Article 11 is the key intent.
2. Two-thirds of the full-time professors must agree to MWA before it is implemented (non full-time
faculty are not entitled to vote). Full-time teachers not in agreement with MWA will be governed
by the regular provisions of Article 11.
3. No more than 20% of the full-time teachers may be participating at any one time.
4. The union local must consent to the MWA or have the disagreement go to a WRA.

I have a few concerns about Article 11.09 but they are hypothetical for now.

The length of the agreement for a MWA is excessive by any standards (i.e. full term of
contract... 3 years!). The agreement should be reviewed on an academic year basis, allowing
teachers to opt in or out after a yearly review. Your local will address this concern with the
VPA.

If the union doesn’t consent (see #4 above), the matter goes to a WRA. Careful reading of
11.09B3 lays bare the criteria which a WRA must use to make his/her decision. It is my
opinion that the six criteria as stated will tilt the WRA decision for upholding management’s
rights over union objections.

Until the above hypotheticals are “tested”, they remain just that... management at Sheridan would
not want to test the limits of Article 11.09 given that there is a lot to lose if the joint problem solving
approach infused in our labour relations could turn on its ear, at some expense, in time and money,
for the college.

In any event, all MWA must cross the desk of the local union president for consideration and
approval. Your local will be vigilant when proposals are submitted.

Management’s Last Offer Received – not signed

The colleges are refusing to incorporate all of the items/language that the members voted to accept
(51%) on February 10, 2010. OPSEU’s position is that the vote was taken on the totality of the offer
not just parts of the offer. The Council (Management) felt their comments in the ‘margins’ did not
constitute part of the new contract and therefore deleted same. OPSEU insists the ‘positive
explanations’ in the margins articulate intent and therefore should be included.

OPSEU has not agreed to sign off on the agreement until arguments from lawyers on both sides are
heard at the Labour Board.

Ted Montgomery stated the following:

“Section 17(2) of the Colleges Collective Bargaining Act references a
vote “to accept or reject the offer of the Council last received by the
employee organization in respect of all matters remaining in
dispute between the parties to the collective agreement.” That
vote was held on February 10, 2010 and counted officially on
February 24th. The offer in its entirety was accepted. That is what
the Union will sign and has repeatedly offered to do.

The Union is continuing to try to resolve this matter and is hopeful
that the employer will honour the majority vote in good faith and
sign the revised Collective Agreement immediately.”

Webmaster: Jack Urowitz, 2nd VP Local 244, Sheridan Faculty Union. Contributing Editors Jack Urowitz, Doug Law