Strike Factbook 2008-2009

Background

CUPE 3903 represents 3,412 members (including 1,763 Teaching Assistants, 871 Contract Faculty, and 778 Graduate Assistants).

Contract workers do more than 50% of the teaching at York University. The ratio of students to tenure-track (i.e., non-CUPE) professors during the 2007-2008 year is 33.8 to 1; when you include contract professors and TAs, the ratio is 15.6 to 1.

The total value of our three contracts (ratified in 2006) made up approx. 7.6% of the school's operating budget.

Bargaining

In preparation for bargaining, the union administration consulted extensively and frequently with the membership. Consultations involved a pre-bargaining survey in spring 2008, a series of GMMs in late Spring / early Summer where tentative proposals were vetted, departmental consultations in Autumn 2008, and a special bargaining GMM in early November. In addition to this process, all members were open to act as observers in the bargaining room. This strategy of bargaining would be later dubbed "bargaining from below".

As a result of this process, the key goals for bargaining were determined to be fund indexation, protection from inflation (COLA, or cost of living adjustment), job security for contract faculty, a two-year contract, and increased minimum guarantees to raise members closer to the poverty line.

Contract negotiations between CUPE 3903 and the York Administration began in July 2008. From the beginning, the employer's bargaining team was headed by John Brooks, the political lawyer hired in the 2001 strike.

The inflation rate during the summer period was 3.6% for those living in the city of Toronto. In September, the employer offered a three-year contract of 3%, 3.25%, and 3%, which at the time was well below inflation.

Strike

In October, the membership overwhelmingly voted to give the executive a mandate to strike (85.9% of 1024 participating members).

No substantial movement occurred between the start of bargaining and early November. From early on, the administration demanded binding arbitration to resolve the disputes (i.e., having the contract written by a third party). Binding arbitration tends to be done by taking two things into account: the last offers put on the table by both parties, and the sectoral average. The bargaining team and executive consistently rejected binding arbitration as a viable solution because it did not have any hope of settling problems in the York context.

The strike began November 6th, 2008, when the bargaining team and executive indicated to the membership that it was disinclined to accept the offer on the table. This decision was reinforced when 728 members at a special membership meeting voted by 71.7% to reject the offer.

In early December York made significant movement on fund indexation demands. On a number of these items, the bargaining team and the administration reached agreement. After the initial pass, negotiations stalled. During the rest of December, the employer showed no interest in bargaining.

During and around the winter period, the inflation rate fell sharply. The bargaining team lowered its wage demands substantially during this time.

The holiday period deadlock was broken in early January when the administration agreed to an evergreen (i.e., ongoing) teaching-stream program for contract professors. The employer also removed the demand for binding arbitration from the table. However, after deliberation over the proposal's details, the bargaining team and executive decided these movements did not adequately address job security for contract professors.

On January 1, 2009, York University entered its 50th Anniversary Year.

On January 7th, 2009, York University tabled a comprehensive offer. At a GMM, 90% of those that participated in the vote (i.e., non-abstaining members) indicated their disinclination to take the contract to ratification. On January 9th, 2009, York University asked the Ministry of Labour to hold a forced ratification vote based on the contract offer they tabled on Jan. 7, and which the membership had rejected two days prior. The administration asked for the vote to be held on Jan 19 and 20, approaching the end of January. No negotiations could occur during this period.

The forced ratification was defeated by 63% of the membership across all three units.

In late January, the Liberal Party of Ontario appointed a special mediator to attempt to determine whether or not further negotiation was possible. In an attempt to reach a negotiated settlement, the bargaining team dropped a number of substantial demands. The demands over wages were dropped, and the minimum guarantee over Unit 3 was drawn down to levels that the administration is already paying in the 2006 contract. Regardless, the special mediator indicated that he did not believe that the administration was willing to negotiate. The mediator also confided that he believed that the administration preferred to wait for government interference to abort the bargaining process.

The bargaining team and executive were faced with the choice between either attempting to continue bargaining, or to voluntarily accept binding arbitration. They decided to continue bargaining.

In late January, the Liberal Party spearheaded back-to-work legislation. During the legislative process, Premier D. McGuinty asked President M. Shoukri to return to the table. Shoukri declined.

The legislation was passed on January 29, bringing the strike to an end.

Classes resumed the following Monday, February 2.