PSAC LOCAL 610 The UWO Graduate Teaching Assistants and Postdoctoral Associates Union TA Handbook 2015 Call 519.661.4137 • Visit www.psac610.ca Email psac610@psac610.ca Drop by Rm. 1313, Somerville House Contents The Public Service Alliance Of Canada Structure of the Local • Constitution, Bylaws, and Policies • Members • Executive and Non-Executive Officers • Chief Stewards • Departmental Stewards • Committees How Does The Collective Agreement Work? • The Collective Agreement (CA) • Your Letter of Offer • Your Duties Specification Agreement (DSA) • Grievances What Are The Key Functions Of The Local? • What Happens During the 2015 Bargaining Year? • Resolving Workplace Problems • Benefit and Financial Assistance Programs • Political Action Your Workplace Rights • Union Activity • Duty to Accommodate • Discrimination and Harassment Getting Involved in the Local • Sign Your (Blue) Union Card • Become a Steward • Join a Committee • Attend General Membership Meetings • Stay Informed • Attend Your Department’s Solidarity Social For More Information… 2 2 2 3 4 5 6 7 8 8 9 9 11 12 13 15 17 20 21 21 22 23 24 24 25 25 26 26 26 27 The Public Service Alliance Of Canada The PSAC represents more than 170,000 workers across Canada. As Teaching Assistants (TAs), we are members of a Directly Chartered Local, Local 610, within the PSAC that is structured to meet the specific needs of our workplace. Postdoctoral Associates at Western are also part of our Local, although they comprise a separate bargaining unit with its own collective agreement with the Employer. The Local regularly communicates and often collaborates with PSAC Local 555 at the University of Ontario Institute of Technology and PSAC Local 901 at Queen’s University on matters of mutual interest to our members as academic workers. The PSAC is also connected to the broader Canadian labour movement through its affiliation with the Canadian Labour Congress. Structure Of The Local Constitution, Bylaws, and Policies The PSAC Local 610 is governed by the PSAC constitution, but its daily operations are regulated by the Local’s bylaws and policies. The bylaws and policies define how union 2 officers are selected, what they are responsible for, and how decisions of the Local are made and implemented. Periodic amendments to the bylaws can be made if approved by the members at a General Membership Meeting. Policies are annually reviewed by committees to whom they apply and are endorsed and amended if necessary by the Executive Committee. For more information, you can review the PSAC constitution at psacunion.ca and all of the Local’s bylaws and policies at psac610.ca, the Local’s website. Members The very foundation of the Local is its members. The union exists because TAs at UWO collectively agree to organize in order to promote their shared interests as employees of the university. The strength of the Local is dependent upon the engagement, solidarity, and mobilization of all of its members. So get involved today! When you accept employment as a TA at UWO you automatically become eligible for membership in the Local. Once you are eligible, you can become “a member in good standing” by signing a union card. If you have not received a union card yet, or if you have misplaced it, you can pick one up at the Local’s office. If you choose not to sign a union card, you will still be protected under the terms of our Collective Agreement (CA) and by law must still continue to pay union dues, but you will not be able to access the member benefit programs, such as the Extended Health Plan and Financial Assistance Fund. 3 Executive and Non-Executive Officers Executive and Non-Executive officers are elected each year by the members of the Local. The elections normally occur each April. The Executive Officers, who form the Local’s Executive Committee (EC), are the ff.: President president@psac610.ca Community Chair community@psac610.ca Administration Chair administration@psac610.ca Chief Steward Arts & Humanities artschief@psac610.ca Chief Steward Biological Sciences bioscichief@psac610.ca Chief Steward Physical Sciences physicalscichief@psac610.ca Chief Steward Post Doc Assocs. postdocchief@psac610.ca Chief Steward Social Sciences socialscichief@psac610.ca Communications Chair communications@psac610.ca Finance Chair finance@psac610.ca In general, the EC is responsible for deciding how to use the Local’s resources, for the administration of member benefit programs, and for representing the membership both within and outside of the university. It also monitors the implementation of the Local’s Collective Agreement and provides critical support for the resolution of emerging workplace issues and grievances. The EC also engages the 4 Local with the broader social justice and labour movements in Canada. The Non-Executive officers of the Local are the: Ombudsperson ombudsperson@psac610.ca Occupational Health And Safety Officer healthandsafety@psac610.ca Chief Returning Officer cro@psac610.ca Chief Stewards The Local divides the faculties and departments at UWO into four divisions: Arts & Humanities, Biological Sciences, Physical Sciences, and Social Sciences. A Chief Steward is a member in good standing elected each year by the members within a division and serves as an Executive Officer. Chief Stewards oversee the work of and assist Departmental Stewards. They gather information about work-related problems from Departmental Stewards and members and, in turn, inform the Executive Committee of any issues that arise from the working conditions of the membership. It is important to know who your Chief Steward is because he or she will provide you with direct assistance in the event that you experience a workplace issue. In the event that you and the Employer are in disagreement over 5 the implementation of the terms of the Collective Agreement, the Chief Steward and your Departmental Steward will work with you, up to and including the filing of a formal grievance, to help you achieve a satisfactory resolution. Departmental Stewards Stewards are the most direct line of communication between the Local’s members and the Executive Committee. They assist members in addressing workplace issues and relay information about these issues to the Executive Committee. They are always ready to answer questions members may have regarding benefit programs, grievance procedures, workers rights, keeping track of work hours, etc. Stewards are selected annually by their departments during the month of September. Each department, which has its own method of selecting stewards, is entitled to one steward for every 25 TAs. Officers from your department’s graduate student association will contact you to let you know how Stewards are normally selected in your department. The selection of Stewards should not be made by TA course supervisors or faculty members. Stewards must attend an introductory training session in the Fall term, as well as Stewards Meetings, which generally occur once a term. During these meetings, Stewards vote on bylaw changes, the Local’s annual budget, and other motions that may arise. 6 Committees Much of the Local’s important decision-making and valuable work is done by members who volunteer their time and talent in committees. The Local has several standing committees that help to administer the Local’s member benefit programs, prepare the Local for contract negotiations, develop the Local’s annual budget, pursue social justice goals in the wider community, etc. At times, special ad hoc committees are formed to address specific needs. Committee involvement is a great way to directly participate in the activities of your union. Watch out for announcements in the Local’s email newsletter from committees looking for members! The Local’s committees include: • Bylaws Committee • Communications Committee • Finance Committee • Financial Assistance Committee • Food Bank Committee • Mobilization Committee • Political Action and Social Justice Committee • Scholarships Committee 7 For more information about the activities and responsibilities of each committee, visit psac610.ca. How Does The Collective Agreement Work? The Collective Agreement (CA) The Collective Agreement (CA) is a legally binding, collectively bargained contract that is periodically renegotiated and outlines the rights and responsibilities of TAs on the one hand and our Employer, the University of Western Ontario, on the other. The articles contained within the CA outline the terms of your employment, including your working conditions, wages, benefits, rights, protections, and responsibilities. Both the Local and UWO are legally obliged to abide by this agreement. The latest CA, which had been valid since September, 2012, expired on August 31, 2015. However, as PSAC Local 610 and the Employer now negotiate for a new CA, both parties are committed to recognizing and complying with the terms of the 2012-2015 CA until the new one is ratified. (An electronic copy of the latest CA can be accessed on the Local’s website at www.psac610.ca.) In the Winter term of 2015, PSAC Local 610 surveyed the membership in order to determine the needs and issues TAs confront across 8 campus. The analyzed survey results inform your Bargaining Team’s strategy, objectives, and demand prioritization during contract negotiations with the Employer. See page 13 for more information on the 2015 Bargaining Year. Your Letter of Offer When UWO offers you a position as a TA, you are presented with a Letter of Offer. The contents of the letter are specified in Article 13.03 of the 2012-15 Collective, which states that: “Prior to the commencement of duties, each employee will receive a general letter confirming the following: full or partial Graduate Teaching Assistantship and salary; and, if known, duties and responsibilities; commencement and termination date of these duties and responsibilities; hours of work; course number(s) and name of the immediate supervisor.” The Letter of Offer verifies that the conditions of your employment are governed by the Collective Agreement; it is important that you keep a copy of the letter in your records. Your Duties Specification Agreement (DSA) Article 17 of the 2012-15 CA, entitled “Hours of Work,” specifies that a full Graduate Teaching Assistantship is a position that requires an average of ten (10) hours of work per week, normally up to a maximum of 140 hours per term or 280 hours per year. Unless agreed to, an employee cannot be required to work: • More than twice the set weekly average in any one week during the work period; 9 • Nor can hours be carried forward from one term to another; • An employee shall not be required to work outside of their set term of employment; and • No employee shall be required to work more than eight hours per day. At the beginning of each term, your TA supervisor will present you with a Duties Specification Agreement (DSA) that divides the hours of your contract among the various duties that you and your supervisor agree you will perform. In some cases, you may be able to distribute the hours you will work across specified duties in consultation with your supervisor. This includes any and all necessary training to perform your duties as specified. You are entitled to receive a signed DSA (Article 17.04), and this letter should be kept in your records. The DSA functions as a contractual agreement between you and your supervisor. It also functions as a description of the Employer’s expectations that both you and your supervisor have agreed to and can refer to if necessary. For example, if you are suddenly required to perform a different task than the ones you agreed to in your DSA and you are not comfortable with the change, your letter can be used to show that you cannot be required to do work that you have not 10 agreed to. If at any time you feel that your workload does not correspond to what you agreed to in your DSA, contact your Departmental Steward or Chief Steward and inform them of your situation right away. Each member is strongly encouraged to diligently keep track of the hours they spend doing TA work in a time sheet. Doing so will not only help you manage your time, but may prove extremely useful if and when workplace issues arise. Grievances A grievance is a complaint about something the Employer or your TA supervisor did or did not do and involves of any one or more of the following: • • • A violation of the Collective Agreement A violation of federal or provincial employment law An instance when the Employer changes the way they apply the language of the Collective Agreement Article 11.01 of the 2012-15 Collective Agreement defines a grievance as “any work-related dispute arising out of the interpretation, application, administration or alleged violation of the specific terms of this Agreement. It is the mutual desire of the Union and the Employer that grievances should be addressed as quickly as possible.” 11 Whenever you experience a workplace problem, get in touch with your Departmental Steward or Chief Steward right away. He or she can help to determine whether the issue you have encountered is one that is directly covered by the Collective Agreement or relevant labour legislation. Most complaints do not need to be pursued through the formal channels of the grievance process. Rather, the majority of workplace problems are successfully resolved informally between a TA, with an officer of the Local acting on his or her behalf, and the Employer/TA supervisor. Even if you do not wish to pursue an informal or formal resolution to your problem, it is important to bring the issue, anonymously if you prefer, to the attention of your Departmental or Chief Steward. This feedback would be useful information to have when the Local negotiates the terms of our Collective Agreement; it also would help union officers prevent similar problems from occurring. If a grievance does needs to be filed, the Local will support you every step of the way. Moreover, you cannot be penalized or subject to discrimination for seeking assistance from the union. If the terms of your employment are violated, you have the legal right to request that they be upheld. What Are The Key Functions Of The Local? The Local functions in the direct interests of its members by: • • Bargaining for a fair Collective Agreement Helping to resolve workplace problems 12 • • Providing benefit and financial assistance programs Engaging in political action that promotes social justice and the interests of members as academic workers What Happens During the 2015 Bargaining Year? Your local periodically engages in collective bargaining with the university, our employer, in order to ensure that you enjoy the best possible compensation, benefits, and working conditions. Fortunately, our local has succeeded in obtaining significant gains for members over the years, including wage increases, without ever having to take strike action. Because the 2012-15 Collective Agreement expired at the end of August, this coming 2015-16 academic year is a bargaining year. The Local’s Negotiating Committee, consisting of members and Local executive officers, formed last year and worked from January to July to prepare for bargaining. Through an online survey, departmental solidarity events, and open meetings, the Committee reviewed the Collective Agreement, assessed members’ workplace issues, and developed demands for bargaining. The Local’s 2015 Bargaining Team has set bargaining dates with the Employer for the fall term; it will present the membership’s demands and negotiate for a fair contract on behalf of the Local with the assistance of a PSAC negotiator. 13 Once a new Collective Agreement is negotiated, the terms of the new contract will be presented to the membership for ratification. The Local would only go on strike if talks break down and the membership votes in favour of a strike, so it is a decision that is collectively determined by individual TAs working in all departments and faculties across campus. Some of the rights and benefits the Local has successfully gained through previous rounds of bargaining include: • • • • • • • Academic conference leave Bereavement leave Gender reassignment surgery leave Parental leave Pay increases Pregnancy leave Sick leave While the Local has since its inception been able to avoid strike action it is always a possibility. As unified academic workers we all have to stand together in solidarity and support one another in the never-ending struggle for a better workplace. Help your Bargaining Team by keeping up the pressure on the Employer to provide optimum and adequate wages and support! To find out how to get involved, watch out for announcements in the newsletter and website or get in touch with us today! 14 Resolving Workplace Problems Section 74 of the Ontario Labour Relations Act states that “a trade union or council of trade unions, so long as it continues to be entitled to represent employees in a bargaining unit, shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employees in the unit, whether or not members of the trade union or any constituent of the council of trade unions, as the case may be.” This clause is referred to as the Duty of Fair Representation and means that the union must represent all members fairly and in good faith. As noted above, the Collective Agreement contains articles that outline how workplace problems encountered by TAs are to be resolved between the TA and the Employer. It is important to reemphasize that most issues/grievances are resolved through an informal discussion; this constitutes the first stage of the grievance process. A conversation with a TA course supervisor or with the department (e.g., the Chair or Grad Chair) explaining the details of the Collective Agreement in relation to a complaint is often sufficient to resolve a problem. If you experience a workplace issue or feel that your working conditions violate the terms of the Collective Agreement, the first person to contact to discuss the issue is your Departmental Steward. Your Department Steward may seek further assistance from your Division’s Chief Steward, as well as other members of the Executive Committee. When a 15 formal grievance is filed, the PSAC provides the Local with advice, support, and legal assistance, if and when needed. The terms of our employment are also covered by the Ontario Human Rights Code, the Ontario Labour Relations Act, the Occupational Health and Safety Act, and UWO’s Non-Discrimination/Harassment Policy. These pieces of legislation and this policy, in addition to the terms of the Collective Agreement, can also be used to help resolve workplace problems. Other on-campus resources that you can access free of charge to help you resolve work-related problems include: 1) Equity and Human Rights Services Provides information and support to all members of the university community related to issues regarding employment and human rights, equity issues, as well as harassment, discrimination, and bullying. For more information see the EHRS website at: www.uwo.ca/equity/. 16 2) Office of the Ombudsperson Provides free, confidential, and impartial advice to students who encounter university related problems or concerns. For more information see the website at: Ombudsperson’s www.uwo.ca/ombuds/. Benefit and Financial Assistance Programs Extended Health Plan (EHP) This is a supplementary health care plan that provides some additional coverage for certain medical, dental, and vision related expenses not insured or not insured in full by OHIP/UHIP or a private health care plan, such as that offered by the Society of Graduate Students (SOGS). If you serve as a TA during at least one semester of the current academic year, regardless of the number of hours you work, you may be reimbursed for eligible payments made at any time during this academic year up to a specific maximum for the year. All applications are kept confidential and are reviewed by the Local’s EHP Administrator. For details, including information on the expenses that qualify for reimbursement and the maximum amount that you may claim, visit psac610.ca. 17 Financial Assistance Fund (FAF) The Financial Assistance Fund exists to assist members who experience unexpected financial need. The fund is structured into four streams: Medical Emergencies; Personal Emergencies; Academic & Conference Travel; and the Child Care Subsidy. Please visit psac610.ca for complete details. 1) Medical Emergencies Members can apply for some financial assistance to cover emergency medical or dental bills including bills incurred outside of Canada. To be eligible, a TA must have first exhausted all of his or her OHIP/UHIP, private health care plan insurance (i.e., SOGS), and PSAC Local 610 EHP coverage. 2) Personal Emergencies Members can apply for some financial assistance to cover expenses related to bereavement travel, separation from a spouse/partner, and/or loss of property due to an unforeseen catastrophe, such as a fire or flood. 3) Academic & Conference Travel Members can apply for some financial assistance to cover expenses related to conference travel and academic work that have not been funded by other 18 sources. Conference and membership fees are not eligible. Each member applying for conference travel assistance must provide proof of participation as a presenter. Applicants must demonstrate that they have first applied to their departments and to SOGS for travel funding. 4) Child Care Subsidy This stream is designed to help members offset the considerable cost burden of accessing quality child care while they complete their work as TAs. Members are encouraged to also apply for SOGS Child Care Subsidy assistance. Only receipts from licensed childcare providers and programs are considered. The Food Bank The food bank program is available to TAs who are facing financial difficulties and who are having a hard time meeting their most basic needs. The food bank distributes benefits to members in the form of grocery store gift cards. Successful applicants will receive $50 plus an additional $25 for every dependent in his/her household, including domestic partners and children. Members are eligible to receive assistance from the food bank once per term. 19 Scholarships In the past, the Local has recognized the academic, research, and community service achievements of outstanding members with modest financial awards. As of press time, this program is under review. For updated details, please visit psac610.ca. It is important to bear in mind that in order to be eligible to apply for any of the Local’s benefit programs, a member must have signed their union card and be a member in good standing! Please also note that PSAC Local 610’s member benefit programs may change when the new Collective Agreement takes effect. Please visit psac610.ca for forms, more details, and contact information. Contact ehp@psac610.ca for EHP inquiries and psac610@psac610.ca for questions on all other benefit programs. Political Action Members of the Local regularly engage in political action that seeks to promote our interests as academic workers and as activists within the broader labour and social justice movements. 20 In 2012, union members organized a silent demonstration to show the Employer that the Local was ready to stand up and fight for its interests if it did not meet our demands at the bargaining table. In 2012, the Mobilization Committee also staged a “marking demonstration” to build solidarity amongst the undergraduate student population at UWO while the Local was negotiating a new contract. In 2014, in collaboration with the Society of Graduate Students, members participated in silent demonstrations to protest the university’s new strategic plan and to advocate for post-residency fees for both Masters and Doctoral students. The Local also supports a broad range of social justice issues. In recent years, it has done this by providing donations to GenPop and the on-campus Indigenous Food and Medicine Garden, and by marching in the annual London Pride parade. Your Workplace Rights Union Activity Article 5.03 of the 2012-15 Collective Agreement states: “The Employer recognizes the right of every member to participate in the official activities of the Union, and it shall not interfere with this right.” 21 This means that you cannot be discriminated against for participating in union activities by the Employer, your TA supervisor, your academic advisor, or your department’s Chair or Grad Chair. Your right to participate in the activities of the Local is protected by the Collective Agreement! Duty to Accommodate Both the Local and the Employer acknowledge the Duty to Accommodate. This principle refers to an organization’s responsibility to ensure that no person experiences barriers to resources, opportunities, or employment that impede, or unduly affect any group designated by the Human Rights Code. For example, if you develop a physical condition that affects your ability to do your job as it is currently described, the Employer is legally obligated to develop a new set of duties that you are be able to perform. Your disability must not impede you from discharging these duties. In light of the Duty to Accommodate, article 22.01 of the 2012-15 Collective Agreement states: “The Employer and the Union support the application of the Rehabilitation and Accommodation Program which applies a collaborative approach to supporting ill or injured employees remaining at or returning to work regardless if the illness or injury was work related. Employees will participate in such a program, if possible, in light of their medical condition. The Program is focused on the coordinated efforts of the individual, his/her physician, his/her supervisor and the Rehabilitation Coordinator. Individuals attending meetings 22 regarding their rehabilitation and accommodation program may be accompanied by a representative of the Union.” If you become eligible for the Rehabilitation and Accommodation program, you may be required to provide a medical certification of the illness and injury. In addition, it is your responsibility, in the event of any illness-related absences, to inform your TA supervisor of your medical status and tentative return to work date at least every two weeks. Discrimination and Harassment Article 20.04 of the 2012-14 Collective Agreement prohibits discrimination on the basis of: • Race, colour, ancestry, place of birth, ethnic or national origin, citizenship; or • Creed, religious, or political affiliation or belief or practice; or • Sex, sexual orientation, gender identity or expression, physical attributes, marital status, or family status; or • Age; or • Physical or mental illness or disability; or • Place of residence; or • Record of offenses for which a pardon has been granted; or • Membership or participation in the Union. 23 Furthermore, the 2012-15 Collective Agreement prohibits harassment, which is defined in Articles 20.06-20.11 as, “engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.” This includes sexual harassment, personal harassment, and workplace harassment. Anyone who believes they are encountering any form of discrimination or harassment may pursue resolution through Western’s Equity and Human Rights Services or, if it occurs as part of a graduate student’s work as a TA, through the Local’s grievance process. Getting Involved In The Local Sign Your (Blue) Union Card Become a member in good standing simply by signing your union card. If you have not received one yet or if it has been misplaced, you can pick up a new one at the Local’s office. 24 As a member in good standing, you will have access to the Local’s full range of benefits and financial assistance programs. Become a Steward At the beginning of each academic year, the Local distributes a callout for Stewards from each department. Are you are interested in helping your colleagues resolve workplace issues? Are you interested in contributing to the Local’s efforts to gather information, make sound policy and budgetary decisions, uphold the terms of the Collective Agreement, and stay in touch with the membership? If you are, become active within the union by serving as a Steward for your department! Join a Committee Sitting on a committee enables you to make a real impact on how the Local operates. You can be directly involved in disbursing the funds of the union’s financial assistance program, drafting the annual budget, setting priorities, developing policy, and modifying the Local’s bylaws, etc. Getting involved in a committee is a fun and meaningful way to engage with and contribute to the work of the union. Committee work also offers you the opportunity to meet 25 fellow graduate students outside of your department and to fulfill non-academic interests. Attend General Membership Meetings Keep yourself well informed about what is going on in the Local by attending the General Membership Meetings that are scheduled throughout the year. Let your voice by heard at the debates and directly tell the Local what you think about the issues that are important to the union. Stay Informed Be sure to read the newsletters the Local sends to your UWO email account. The newsletters contain information about due dates for benefit and financial assistance applications, committee call-outs, meeting reminders, bargaining updates, and relevant labour, social justice movement, and academic sector related news. Attend Your Department’s Solidarity Social For the past few years, the Local has provided Stewards with funds to host solidarity socials for the members in their departments. These events are normally held on campus at 26 the Grad Club or The Wave. These events aim to provide members with information about the union, to gather feedback about possible workplace issues and concerns from members, to provide members with an opportunity to get to know their Steward(s), to build solidarity amongst members, and to build support for the union. Stay tuned for more information about solidarity socials in upcoming newsletters and communiqués from your Departmental Steward(s). For More Information… See the Local’s website: psac610.ca Follow the Local on Twitter: @PSAC610 Check out the Local’s Facebook Group Page: Search for: UWO TA/PD Union - PSAC Local 610 Visit us or call us at: 1313 Somerville House 519.661.4137 27 Notes ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ 28