[Fdu] CUPE 3903 to York: The Path Forward is Bargaining

[Cynthia Wright]

  Response to York University: The ‘Path Forward’ is Bargaining

Posted on March 15, 2018 
<https://3903.cupe.ca/2018/03/15/response-to-york-university-the-way-forward-is-bargaining/>by 
CUPE 3903 Communications Officer 
<https://3903.cupe.ca/author/cupe-3903-communications-officer/>

The following letter was sent to York University President Rhonda Lenton 
in response to the communication ‘The way forward’ which was sent to the 
York community on March 13. This letter clarifies the misinformation 
that has been spread by the administration, and reiterates the same 
request we have extended since York’s offer was rejected: come back to 
the bargaining table.

------------------------------------------------------------------------

Dear President Lenton:

I write today on behalf of the CUPE 3903 Bargaining Team in response to 
your March 13, 2018 communication to the York community.

While we share York University’s belief that our students should not 
continue to be impacted by our current dispute, we fundamentally differ 
on ‘the way forward.’ It is worth noting that the majority of our 
members are also students. We are essential members of the York 
University community.

The distance between the parties is not as unbridgeable as York has led 
the public to believe. York’s public statements with respect to the 
union’s ‘initial demands’ are neither helpful nor an accurate reflection 
of the current differences between the parties. We spent six months 
presenting, discussing, and agreeing on proposals. It was CUPE 3903’s 
perception that meaningful discussions were occurring towards mutual 
understanding on significant issues.

We believe that the fastest, most effective, and clearest path to a 
resolution requires both sides to sit down and make their best effort to 
reach a negotiated settlement. We reiterate our request, which we have 
extended since March 2 – come back to the table.

On February 28, CUPE 3903 provided – at York’s request – a series of 
modifications to our existing package of proposals. Following our 
membership’s rejection of your last offer, we provided – again, at 
York’s request – a counteroffer on March 5. At the time, York indicated 
a movement of this nature was necessary for bargaining to resume. 
Despite the fact that the union provided a meaningful counterproposal, 
York continues to refuse to return to the bargaining table, calling into 
question York’s commitment to resolve this dispute.


  York’s response to CUPE 3903’s March 5 proposals:

In the portions of your correspondence under the heading, ‘Issues 
arising from CUPE 3903’s March 5 proposals,’ a number of issues are raised.

*Proposal 12* – The union accepted York’s offer of $100,000 for the 
post-retirement benefits fund. What is still in dispute is the maximum 
available funds per year for retired Unit 2 members. This is a 
non-monetary issue as the overall cost to York has not been increased.

We never had agreement on this proposal; therefore, it is erroneous to 
claim that it was reintroduced.

*Proposal 35* – CUPE 3903 reiterates, without prejudice, our 
long-standing position of a minimum $15,000 guarantee for Unit 3 
members. The amount referenced by York is the result of a clear 
formatting error and does not supersede the well-established and 
consistent position we have taken.

*Proposal 65* – The changes in proposal 65 regarding incentive funding 
for conversions reflect the significant reduction in the demand for 
automatic conversions to a fixed number or percentage of YUFA hires.


  Legality of the March 5, 2018 union proposals

The illegality of Proposal 32 was never established at the table. Nor 
had the university ever asked CUPE 3903 to withdraw this proposal at the 
table. The path forward remains at the bargaining table, not in the media.

With respect to Proposals 48 and 72, it is CUPE 3903’s position that 
these are neither issues of scope nor have they been bargained to impasse.

With respect to Proposal 48, the offer York tabled on March 1 never 
responded to the counter we made on February 28. Over the past six 
months, the union repeatedly asked York to ensure the protection of 
Graduate Assistants, as we believe York arbitrarily eliminated over 700 
Graduate Assistantship positions. This is the first we heard that this 
is an issue of scope. We disagree, nor has it been bargained to impasse.

With respect to Proposal 72 (not 71, as referenced in your document), 
the SRCs, as proposed by the university, would never be acceptable to 
YUFA for the reasons outlined in the following statement: 
https://www.yufa.ca/yufa-statement-on-src-bargaining-proposal. That is 
why the union countered with a revised SRC program that models the 
program agreed upon by YUFA in the past.


  On the issues of arbitration, mediation, and a ‘way forward’

Since members rejected the employer’s last offer, York has repeatedly 
called for the parties to agree to binding arbitration as a means of 
settling the dispute and resolving the outstanding issues.

CUPE 3903 acknowledges that while arbitration and other third-party 
dispute resolution systems have value in certain circumstances, as 
Premier Wynne stated on March 7: “the best agreements come from the 
bargaining table.”

We ask you to consider the Premier’s and Minister of Advanced Education 
Hunter’s request that you return to the bargaining table immediately and 
do the right thing for York’s 50,000 undergraduate students.

You have asked three questions of us.

 1. /Will you agree to use interest arbitration for one or more of the
    bargaining units/
 2. /Will you agree to a non-binding mediator and factfinder to assist
    the parties for one or more of the bargaining units?/
 3. /If you are not prepared to agree to either of the options above,
    will you provide a realistic counter having regard to university
    norms in the history of collective bargaining at York and norms in
    the larger university sector, and withdraw those proposals which are
    not appropriate as a strike issue?/

Our responses are as follows:

 1. At this time, no, as the parties have not exhausted every possible
    effort to resolve their outstanding issues through negotiation.
 2. As indicated in our answer to the first question, York must return
    to the bargaining table as we have not yet exhausted every possible
    avenue.
 3. We have provided a realistic offer. We are working within a
    realistic framework. Our proposals reflect the changing needs of our
    membership that address real concerns around precarious employment
    and access to public education. All of the remaining issues are
    legitimate strike issues.

We are now asking York University to answer the following question: Will 
the university agree to meet with the CUPE 3903 Bargaining Team and the 
provincially-appointed Conciliation Officer in an effort to resolve the 
outstanding issues between the parties?

If the answer is yes, we ask that you please provide meeting dates as 
soon as possible. Our Bargaining Team is prepared to meet whenever it is 
convenient for you.

We await your reply.

Sincerely,

Devin Lefebvre
Chairperson
CUPE 3903


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