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After unsuccessful negotiations on Nov. 5, the Canadian Union of Public Employees local 3906, the union representing McMaster Teaching Assistants, Research Assistants and other academic workers, announced that they are inching closer to calling a strike before the end of the month.
The announcement comes after months of labour negotiations between CUPE 3906 and the university. Since August, CUPE 3906 has been negotiating on behalf of McMaster TAs and RAs. They are represented under CUPE 3906 unit 1, one of the union’s three bargaining units.
In August, the employment contract for academic workers at McMaster expired, as it does every three years. The contract, called the collective agreement, outlines the rights and responsibilities of employers and employees, including rules about wages, work hours and benefits. When the collective agreement expired, the university and CUPE 3906 entered into collective bargaining to renegotiate the agreement on behalf of its members, giving the union a chance to push for improvements to their working conditions.
To prepare for negotiations, CUPE 3906 released a survey for its members to identify their bargaining priorities. One of CUPE’s main sets of bargaining priorities is centred around wages and work hours. Under the previous collective agreement, graduate TAs earned $43.63 per hour, and undergraduate TAs received $25.30 an hour. However, the agreement also states that they cannot work more than 260 hours a year, or more than 10 hours a week on average.
For graduate TAs, this results in a maximum of $11,343.80 a year. Nathan Todd, the president of CUPE 3906, pointed out that unless TAs have other means of financial support, such as scholarships, this maximum will not cover full-time tuition, which TAs must pay in order to maintain their conditions of employment.
Furthermore, says Todd, many TAs work above their hours. Between running tutorials, grading work and holding office hours, they can work above their hours without overtime pay.
One way that CUPE 3906 hopes to address this is by proposing to increase the minimum number of hours for TA contracts from 33 to 40. While this does not allow TAs to work more than the allotted 260 hours, it helps to increase the number of paid hours on short-term contracts.
Additionally, CUPE 3906 has stated that McMaster has proposed changes that will make it harder for TAs to take on additional guaranteed work hours. According to CUPE 3906 representatives, the university is proposing to remove language in the collective agreement that allows TAs to increase their number of guaranteed number hours if they get hired for additional work in their second year. The university has a policy not to discuss the content of ongoing labour negotiations, so representatives have not confirmed whether McMaster made this proposal.
Another bargaining priority is the implementation of university-wide paid TA training. Currently, the collective agreement between CUPE and the university allows TAs three paid hours a semester to participate in health and safety and orientation training, which is meant to provide new employees with general information about the university and resources available to them. The agreement states that orientation training can point new employees towards professional development resources that they would presumably have to access on their own time.
CUPE has stated that this is insufficient. Instead, the union has proposed five paid hours of pedagogical training and three hours of anti-oppression training.
“I don't think asking for training on how to do your job is unreasonable. It's the kind of thing you'd expect from any professional workplace,” said Todd.
CUPE’s proposals also include paid family medical leave, preference to Indigenous applicants for positions in the Indigenous Studies Program and protection against tuition increases.
According to Todd, the proposals that the university put forward during the Nov. 5 meeting did not speak to enough of the priorities that CUPE had raised. He also said the university’s proposals included concessions, where the employer takes back gains that had been made through bargaining in previous years.
“Those are the two things that we asked them to do at the end of the last negotiations to keep negotiations forward, because we can't accept a contract that has concessions,” said Todd.
McMaster representatives have not commented on the details of their proposed bargaining agreements.
In a historic vote on Sept. 26, 87 per cent of CUPE’s unit 1 membership voted to authorize a strike. The positive strike vote allows the bargaining team to call a strike if they are unsatisfied with the deal that the university offers them during negotiations.
After another unsuccessful bargaining meeting on Nov. 5, CUPE announced that they are inching ever closer to declaring a strike.
Gord Arbeau, director of communications at McMaster, said that in the case of a strike, the university would remain open and exams would still be scheduled. He stated that the university is undergoing contingency planning to determine how to mitigate the impacts of a potential strike, but did not elaborate on what these strategies would entail.
McMaster has an existing policy that outlines the rights and responsibilities of undergraduate students in the case of work stoppages. According to the policy, undergraduate students are entitled to withdraw from academic activities during a work stoppage, and cannot be penalized academically for doing so. However, they still must meet course requirements, and have the right to extended deadlines, make-up assignments and other alternative arrangements. Furthermore, students who feel that the disruption has unreasonably affected their grades may submit appeals.
A strike would also have significant effects on TAs and RAs. According to Todd, if a strike were initiated, unit 1 members would stop receiving payment and some benefits from the university. Striking members would cease duties related to their employment, including tutorials, labs, grading and email correspondence with students. However, unit 1 members would be eligible for strike pay. CUPE 3906 offers $15 an hour of tax-free strike pay to striking members for 20 hours a week, which amounts to up to $300 a week.
On Nov. 18 and 19, CUPE 3906 will meet with university representatives for a mediation session in a final attempt to negotiate a collective agreement. If they are unable to reach a deal, CUPE 3906 will be in a position to call a strike.
According to Arbeau, the university is hopeful about the upcoming meeting.
“We remain hopeful that an agreement that is responsible and reflective of the important work that the membership does [and] hopeful that an agreement can be reached without a work stoppage,” he said.
CUPE 3906 also hopes to come to a fair deal in order to avoid a strike.
In a statement from Nov. 9, CUPE 3906 wrote “We remain eager to reach a fair agreement that reflects your priorities ahead of this deadline, and hopeful that the employer’s entire bargaining team will come to the table on the 19th ready to do the same.”
On Sept. 26, the Canadian Union of Public Employees 3906 made history as 87 per cent of its Unit 1 members voted to authorize a strike mandate. Unit 1 represents graduate and undergraduate teaching assistants and research assistants at McMaster. This will allow for strike action, if deemed necessary.
The vote came after a series of labour negotiations between CUPE 3906 and McMaster University. Beginning in June, CUPE had presented a list of proposed changes to the collective agreement that supervises McMaster’s academic employees. The list included paid training for teaching assistants, equitable wages between undergraduate and graduate teaching assistants, an increase to the minimum number of hours on a contract, protection against tuition increases and better representation for Indigenous members.
McMaster had planned to conduct negotiations with CUPE 3906 in accordance with Bill 124, which, if passed, would nullify collective agreements and limit the annual increase of compensation and wages to one per cent. Since the bill was yet to be legally binding at the time of negotiations, CUPE 3906 disagreed with McMaster’s choice to bargain under Bill 124.
After the first reading of Bill 124, which occurred on June 5, 2019, 64 Legislative Assembly members were in favour of passing the bill and 40 members voted against it. In the end, the motion was carried forward. In order to become law, Bill 124 will need to pass additional readings.
By the beginning of September, CUPE 3906 and McMaster had failed to arrive at an agreement. When the bargaining process reached an impasse on Sept. 11, the teaching and research assistants of CUPE 3906’s Unit 1 filed for conciliation and scheduled a strike vote for Sept. 26.
According to an update from CUPE 3906, after four days of voting, a record-breaking majority voted in favour of a strike in the event that CUPE 3906 deems a strike necessary. Most of the members are unwilling to accept the conditions offered by McMaster.
CUPE 3906 represents 3,500 workers at McMaster each year. This makes it one of the largest unions in Hamilton and the largest on campus. Unit 1 alone represents about 2,700 McMaster employees, including all teaching assistants, some research assistants, markers, demonstrators and tutors.
“The bargaining team is not releasing total numbers right now … but it is by far the highest amount of people we’ve ever seen. We had more people vote ‘yes’ than have ever voted total,” said Nathan Todd, president of CUPE 3906 and a graduate student in McMaster’s philosophy department.
A statement on CUPE 3906’s website adds that the strike mandate vote illustrates the members’ commitment to the needs that the union is representing.
Despite a landmark vote, however, CUPE 3906 remains unsure as to how the timeline will look following the strike authorization. The union has not been able to return to the bargaining table; they have not been afforded the chance to change their position and they are advocating for the same changes as when negotiations first began.
At the moment, the rest of the negotiating process is in a standstill as CUPE 3906 waits for news from their provincially appointed conciliation officer. The union is aware that the conciliator has contacted McMaster but does not know how the university has responded, if at all.
“I’m not sure if [McMaster] has returned [the conciliator]’s calls or given her any updates but last I spoke with the conciliator this week, she wasn’t able to confirm any further dates … We’ve offered a number of dates this month. We’re waiting to hear back. That’s kind of holding back the timeline at this point,” said Todd.
Chantal Mancini, a PhD candidate in the department of labour studies and a delegate to the Hamilton and District Labour Council for CUPE 3906, states that McMaster has not demonstrated their support for their graduate students in this round of bargaining.
“It’s interesting that a major focus of researchers in labour studies is the increase of precarious work and the negative impact this has on the well-being of workers. Yet, in direct contrast to this research, McMaster has presented a proposal to our union that will increase the precariousness of the work that I and my Unit 1 colleagues perform,” she said.
Mancini says that the university’s proposal does not support the well-being of graduate students. She notes that although students will benefit from the priorities requested of McMaster, the university has nevertheless rejected the union’s demands.
Maybe the coolest thing while working the voting booth, was having undergrads come up and ask how they could help. Felt awesome to be supported by the whole student family. https://t.co/NEr2xyREMx
— Adam Fortais (@AdamFortais) September 27, 2019
Regardless of the administration’s silence, other bodies on campus have shown their support for CUPE 3906. The McMaster Graduate Student Association released a letter of support on Oct. 2, declaring that the GSA’s priorities align with those of CUPE 3906’s. The day after, the Department of Political Science at McMaster also announced their support for better working conditions and compensation for teaching and research assistants, hoping for a fair agreement between the union and the university.
“We’re considering reaching out to other departments as well … It seems like, in the departments we’ve spoken to, there is a good level of support,” said Mollie McGuire, vice-president of CUPE 3906.
On Oct. 6, CUPE Ontario, which represents 55,000 educators across the province, averted a strike after the provincial government made concessions in a collective agreement. This renders them the first of several unions to arrive at a deal with the Ford government since public school employee contracts expired in September. While the deal did not involve them, CUPE 3906 has stated that they stand in solidarity with CUPE’s Ontario School Board Council of Unions.
“[We are] immensely proud of their accomplishments at the bargaining table and beyond. The OBSCU, CUPE, their allies and their communities stood firm in resistance to authority politics and the devaluation of their work. Their accomplishments were possible due to the direct action by their members and their community and their success is a testament to the value of mobilization and the power of the labour movement,” said Todd.
Teaching and research assistants at McMaster are hoping for a similar accomplishment, referring to the strong strike vote mandate provided to CUPE 3906 as an indication of their resolve to seek a fair contract.
“It is my hope that McMaster has taken notice and is committed to negotiating a fair deal that reflects the value of the work we do for the university. Reaching a deal is ultimately the best outcome for everyone,” said Mancini.
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