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November 19, 2007

The end of mandatory retirement

In Saskatchewan, mandatory retirement ended on November 17th, 2007. I am interested in hearing from USFA members about this, as soon as possible.

Next week, Richard Julien and I will be attending a conference discussing the response to similar legislation elsewhere. The abolition of mandatory retirement does not necessarily imply that everyone will be able to continue working after age 67. The legislation (at least in some jurisdictions) contains exceptions (no surprise there), for instance, if age is a bona fide occupational requirement. Legislation can change. In some quarters, employers may seek competence tests, which might or might not be applied before the usual retirement age. What implications are there for those interested in early retirement?

For USFA members, many of the responses to the Saskatchewan legislation will be discussed at the negotiating table. Let me know your specific concerns before I attend this meeting, so that I can bring back answers. Post your comments to the blog, or email me directly. USFA hopes to organize a meeting around this subject early in the New Year.


November 9 - CUPE Rally

Spielberg could not have conjured a scene more exuberant than the November 9 CUPE rally. It has been widely and positively covered, so I am only going to make a small observation.

Joining CUPE picketers and USFA and ASPA supporter was a group of striking CEP employees - employees of the SGEU. Thus, the rally also made a statement about the right to representation by a bargaining agent, and, the right to good faith bargaining in spirit and letter.

November 07, 2007

Open Letter to Provost (Acting) Regarding Faculty Health Benefits

Dear Professor Barber:

During the last round of negotiations, which you and I both participated in, there was a good deal of discussion about building an atmosphere of trust at the university.

Therefore, I am appalled by what I see as lack of integrity (in form of equivocation and omission) in the recent emails from our administrative faculty leaders regarding suspension of health benefits for those who chose to exercise their negotiated right to honour CUPE 1975 picket lines and be subject to loss of pay, but face no other disciplinary action.

I understand that the Employer is using obscure language from the faculty Long Term Disability Plan to interpret not crossing picket lines as an "approved leave of absence without pay", under which circumstances, members must pay their own benefits. This is slick lawyering, but I don’t know how to describe it ethically.

As the academic leader of the University, and as someone who earned a good deal of trust during the last round of negotiations, I am asking you to give plain answers, in writing, to the following:

1. Has this reasoning been used by the University, regarding the Health Benefits?

If this is so,

2. Why was it not elaborated upon in the letter yesterday from the Vice-Provost, and today's letter from the VP Finance?

3. How do you personally feel about this sort of loopholing? Do you believe it will be helpful for building the atmosphere of trust you were seeking?

Finally, I have a request on a personal note. I have four dependents. The link on the University's FAQ regarding Health Benefits appears to be broken. I phoned benefits on Monday, who referred me to an answering machine, and that call has not been returned.

I would like to state that I have written this letter relatively quickly, and without legal advice. Because this makes me vulnerable to attacks from the HR lawyers, I ask for an opportunity to clarify or correct it as necessary.

Sincerely,
Eric Neufeld

November 05, 2007

"Don't bother coming back...We don't need you."

These words, allegedly uttered by Human Resources brass to CUPE 1975 representatives after they served notice for their Tuesday rally, have spread through the picket lines like a firestorm. I heard them repeated over and over again. Whatever was said exactly, and whatever the eventual outcome, the attitude they reflect will likely dog HR long after this dispute is over.

That is not to say the mood is low. On the contrary, when I visited CUPE's picket lines Friday, spirits were sky-high. A large majority of CUPE 1975 voted for the strike, and the membership is just about unanimously throwing its support behind the majority. Everyone I spoke to understands the issues clearly, and all this will go a long way to maintaining resolve.

I had a chance to speak briefly with CUPE president Glenn Ross and spokesperson Wayne Foley. Both stated unequivocally that CUPE has no interest in hurting students, and they expressed regret that the situation has gotten to this point. ASPA president Dave Bocking was also on the lines, and USFA Executive joined for part of the afternoon.

Putting it all together, I left with a positive feeling about the sense of community at the University. There is also a feeling of necessity about the road ahead, but without the animosity that seems to be coming from other quarters.

November 04, 2007

Who gets the new merit monies? We do.

Merit season is in progress. The new collective agreement for faculty provides a greater merit pool. I have heard t faculty express different opinions regarding the distribution of merit. Some members feel that this money should be used to give larger awards to those with strong research performance, that is, publications. Others mention that every year, outstanding and deserving faculty fall just below the cutoff levels for merit. Still others believe that the current merit system marginalizes the devoted scholar who stays abreast of current important research in an area, and communicates these results to students, in favour of those who publish large numbers of papers containing results some consider peripheral.

Who gets to decide how this money is spent? You do. Well, you could.

However, many faculty forfeit this decision. For one thing, many academic units do not have published merit standards, produced by a collegial process. For another thing, many academic units turn this decision over to a Department Head or Dean, rather than make the decision collegially.

I urge department members to get more involved in this discussion. While merit standards must follow the collective agreement, there is a lot of latitude regarding details, and I urge department members to get the processes going.
Our agreement is unusual in this respect, in that at many institutions, the process regarding the award of merit is at the discretion of administrators.

A final question to you: During the last round of negotations, it was suggested that merit decisions in departmentalized colleges should be devolved to departments. Many departments on campus that are larger than certain colleges, and members of some of those departments find the process by which college committees reverse
departmental decisions opaque. I am interested to hear your comments on this matter.

November 02, 2007

On observing CUPE's job action

I enjoy teaching and I enjoy my students. It left me with a nagging feeling, therefore, to make the decision to respect CUPE's picket lines today. I certainly understand how troubling this decision will be for some faculty, especially for those who have not been involved in labour issues before.

The last straw for me was the recent email suggesting that we would lose benefits coverage. Both ASPA and USFA have advised their members this cannot be done. But even if it was possible, I found the ethical implications staggering. It puts our dependents in a literally life-threatening situation.

Is there any truth to the rumour that the University got, or attempted to get, an injunction prohibiting them from holding their rally in the Bowl? What happened to freedom of assembly? Anyone with hard facts on this, please let me know.

A member writes regarding the “Urgent Meeting Today - CUPE Bargaining Update” yesterday. Attendees expected a serious meeting regarding contingency planning: there was nothing new, just an opportunity to air allegations against CUPE.

Some new ideas regarding ways to support the job action: Some of your students may be members of unions and wish to observe picket lines. You can give them extensions on assignments. If you choose to go to work, approach the picket line, and ask for a pass from the picket captain. CUPE has stated that there will be no problems, and I think this shows respect for your coworkers and for their right to this process. The ASPA, CUPE3287, CUPE1975 and usfa websites have other information.

November 01, 2007

USFA Response to CUPE Job Action

I have just started this blog as a way of generating discussion about matters of interest to members of the University of Saskatchewan Faculty Association (USFA). I am presently an elected member of USFA (thanks for your support), and I have agreed, with the support of USFA executive members, to informally communicate about the current CUPE job action. The following is my understanding of the current situation.


Of course, the USFA fully supports CUPE1975 in the collective bargaining process. Word on the street is that both USFA and ASPA had a nasty round of bargaining and understands the territory.

Many members are concerned about how to respond to CUPE picket lines. Our Collective Agreement gives us the right to not cross picket lines, which will result in loss of pay.

CUPE 1975 has advised that members of other unions wishing to report to work should request a pass from the CUPE picket captain. "CUPE is pleased to advise that, in the event of job action, CUPE will be issuing picket passes to members of other unions who are required to cross our picket line in order to report to work on the campus for their regular jobs." They go on to write "We do however expect that other union members that have the ability to respect our picket line without fear of reprisal to respect those same lines. For example, CUPE doesn’t pick up the mail, COKE won’t deliver soft drinks and so on."

I note that the CUPE 3287 website says at this time that "at present University Employees' Union is not requesting that Sessional Lecturers withhold services in solidarity in the event of a strike. Please see, however, Article 8 of our collective agreement which basically indicates that members have the right to refuse to cross a picket line, but will have pay deducted."

I will keep you posted. Feel free to email me at emn075@mail.usask.ca if you have questions. I am not certain I will be able to reply to individual letters, but will reply via this blog.