Second open letter to Minister Hunter Reply

April 10, 2018

The Honourable Mitzie Hunter
Minister of Advanced Education and Skills Development
Government of Ontario

Dear Minister Hunter,

I am writing to you again, as a woman with a government led by a woman Premier, to urge you to restore legitimate governance at York University.

The Board of Governors is operating outside its By-laws. It has imposed a President whom only 11% of faculty approved, and has now usurped the powers of the university Senate.

I have held tenured appointments at two Ontario universities since 1980 and been a visiting professor at two other Ontario universities (University of Ottawa and Carleton) as well as at McGill University in Quebec. I have never ever seen a situation like this.

Students offered grades ‘on the cheap’ but pay full fees

Over 75% of courses at York University have not been given since the beginning of March, over five weeks ago! My students do not know where to turn.

For so many of them, obtaining advanced education is already a challenge. They have to work part-time or full-time to pay their fees. They have young families or family care-giving responsibilities. For many it is a daily struggle to pay for housing and food. Under these conditions, meeting assignment deadlines is already challenging and they do not have the time to do their best work. I know, because I encourage my students to communicate their situation to me so that I can provide whatever assistance I can to help them complete their courses successfully.

But what are York students to do now? They have plans for graduating, for applications to other programs, for summer employment. Everything is on hold. They have paid full fees for their courses with their hard-earned money. Why should they have to pay all their fees when they don’t have timely access to all their courses?

The University administration is suggesting they take a grade for 60% or 70% of their work, that they accept some kind of grade ‘on the cheap.’ Will future employers look down at their York diploma? Will they still be able to get jobs? Why is the administration degrading its own degrees?

A Board of Governors completely disconnected from students, staff and faculty

This dire situation has arisen because a small group of people from big business and big banking have taken control over the Board of Governors and are usurping powers normally held by the President and the University Senate.

The Board runs the show behind closed doors according to its own hidden agenda, consulting only with union-busting lawyers and corporate public relations firms. There is no discussion, no dialogue, no respect of rules, no sense of community, and no sense of what a university is. This is not how a university should be governed. What kind of example is this for our students?

I received a shameless email yesterday from info@yorku.ca. The email wasn’t signed. I don’t know who wrote it. As a faculty member, I simply receive these anonymous emails from ‘above.’ Often the messages, addressed to us by our first names, are intimidating or contain misleading information.

I have never ever in 38 years of university teaching in Ontario seen such a radical disregard and disrespect on the part of a university Board and administration for its university’s students, staff and faculty. I have never seen such havoc and injustice wrought on a university because of a Board so completely disconnected from the people and principles of the university it is supposed to foster.

A Board of Governors in breach of its By-laws: No representation for vast sectors of the public

I wrote to you on March 19, 2018 to draw your attention to these grave governance issues at York University. I pointed out the Board of Governors’ disrespect by of its own By-laws requiring broad community representation on the Board, the Board’s failure to ensure gender equity on the Board, and the Board’s lack of representation of approximately 95% of York students and their programs. My email was copied to the Secretary of the Cabinet.

I received no response from you or your Ministry. I can understand that this is a busy time for you, since elections will be held on June 7. But I don’t see how your government can sit by and allow such hardship to continue at Ontario’s second-largest university, with46,400 undergraduate students and 5,900 graduate students, and 7,000 faculty and staff (http://about.yorku.ca/).

A Board of Governors opposed to equity for women

Your government is to be commended for having taken important steps to ensure gender equality and to prevent violence against women. Your program ‘GET ON BOARD – Ontario’s Implementation Plan to Promote Women in Corporate Leadership’ has set targets for the number of women on corporate boards.

Many Provincial Boards and Agencies have surpassed the 40% Target, achieving over 50% representation of women (https://www.ontario.ca/…/get-board-ontarios-implementation-…).

How then can your government accept that at York University, where 59% of undergraduate students are women, women constitute only 35% of external members on the Board and only 15% of the members of the Board’s central Executive Committee?

Chair of the Board makes sexist remarks in the Financial Post

How can your government accept that the Chair of the Board of Governors of an Ontario university has publicly expressed in the Financial Post his opposition to government legislation on gender equality and his sexist belief that if there are not more women on boards it’s because there are not enough qualified women? (http://business.financialpost.com/…/managing-in-the-grey-sc…)

The Board appoints its own external members. How can your government support a Board that has stubbornly refused to appoint an equal number of men and women?

A Board working against your government’s legislation on wage equity and women’s safety

Your government has put in place measures to ensure wage equity. How can it support a university Board who is actively widening the wage gap by refusing to improve working conditions for contract faculty, the majority of whom are women?

Your government has taken major steps to prevent violence against women. How can a Board that cannot even appoint an equal number of women possibly exercise appropriate oversight on university health and safety policies to prevent violence against women? Indeed, York University has a long history, under former President Shoukri and the same kind of sexist Board, of lack of concern for women’s safety.

A Board who does not represent 95% of York’s Undergraduate Students

The Ontario government funds universities through a complex formula that reflects enrollments. At York University, three faculties, Schulich (business), Osgoode (law) and Lassonde (engineering), represent about 5% of undergraduate students.

Yet, ALL the external members of the Board of Governors have degrees in these three fields. Five external Board members sit concurrently on advisory Boards at Schulich. In other words, NO external Board members represent the programs and disciplines of 95% of York University undergraduate students.

How can a Board skewed towards only three small faculties make informed and responsible decisions about programs in the eight other faculties? How can such a Board ensure that the public funds and student fees the university is receiving for these programs, where 95% of York University’s students are enrolled, are actually going towards these programs? The answer is that it cannot make, and is not making, responsible decisions for all York students.

A Board who pays lip service to experiential learning then cuts 800 graduate assistantships

Graduate assistantships provide valuable professional experience to students. They are proud to put their assistantships on their résumé and their work experience at York University helps them obtain employment after graduation. Through these positions, students receive professional mentoring, participate in dynamic research projects and contribute to research at the university

Your Ministry has made strong efforts to increase Ontario students’ access to experiential learning and on-the-job training and has asked Ontario universities to outline the experiential learning opportunities they offer to students.

How can your Ministry support a Board that has outlined these opportunities to you then, behind your back, cut over 800 experiential learning positions for its own graduate students?

The Ontario government cannot allow a small, illegitimately appointed corporate Board to cause so much suffering and injustice at a public university

I believe that your government has an obligation to redress the enormous disconnection at York University between the Board of Governors and the administration it has put in place, on the one hand, and students, staff and faculty, on the other.

Students, staff and faculty at York University are under great duress. It is an exceedingly stressful situation. York University is a publicly-funded institution. Boards have an obligation to be accountable to the public they serve, but this Board at York is not answering to anyone.

I am deeply disappointed in this Board’s failure to respond to longstanding calls to respect its own By-laws and include members from a broad range of diverse sectors in society.

On the contrary, it has just infringed more regulations and laws in flagrant disregard for the very principles of mutual understanding and respect, on which universities are founded. This is not how a university should be governed.

I am deeply distressed by the inhumane actions of this Board. It has consistently and shamelessly trampled over the interests of students, staff and faculty. It has made every effort to degrade the collective intellectual and creative spirit of York University. It has not shown one iota of regret for the real suffering it is imposing on real people.

Your government has to take responsibility urgently. It must hold the Board accountable for the actions that are putting York University and the education of its students at risk. It cannot allow a handful of individuals who have appointed themselves to the university’s Board and function as a closed shop to sabotage a public institution of higher learning.

I am urging you, because it behooves you as Minister of Advanced Education and Skills Development, to 1) place York University temporarily under government supervision, 2) disband the current illegitimate Board of Governors, 3) annul its appointment of Dr. Rhonda Lenton as President, and 4) appoint an interim Chairperson of the Board of Governors tasked with undertaking the renewal of the university’s governance structures.

Yours sincerely,

Agnes Whitfield, Ph.D., c. tran.
Professor/Professeure titulaire,
Department of English/Département d’études anglaises
York University/Université York, Toronto (Canada)
http://people.laps.yorku.ca/people.nsf/researcherprofile…
Founding Director/Directrice fondatrice, Vita Traductiva
http://yfile.news.yorku.ca/…/english-prof-launches-new-tra…/
Visiting Professor/Professeure invitee, Johannes Gutenberg-Universität Mainz, 2017
Bilingual Joint Chair in Women’s Studies, Carleton University, University of Ottawa/Chaire conjointe bilingue en études des femmes, Université Carleton, Université d’Ottawa, 2009-2010
Virtual Scholar, Heritage Canada/Chercheure virtuelle, Patrimoine canadien, 2006-2007
Seagram Visiting Chair in Canadian Studies, McGill University/Chaire d’invité Seagram en études canadiennes, Université McGill, 2003-2004
Présidente, Association canadienne de traductologie /President, Canadian Association for Translation Studies, 1995-1999

Letter to our Students from Colleagues at the Faculty of Education Reply

April 9, 2018

On April 5th, 2018, colleagues from the Faculty of Education, York University, met to discuss our ongoing concern with the Administration’s troubling tactics during the labour dispute. These tactics reverberate through all levels of collegial governance and democratic process, and affect every aspect of our work. Having entered into its fourth week, the Administration embarked on the dangerous wager of forcing ratification and, in the meantime, has done little to improve the climate of negotiation between itself, the university community, and CUPE 3903.

Within this context, we want to express our support and solidarity with our students and colleagues of CUPE 3903. We do so as a commitment to our responsibility as faculty for the well-being of the University, and against the unfair and precarious situations of employment at the University. As professors, we feel it is our duty to protect the University’s educational principles and to support our students and colleagues by adhering to 1) collegial governance, 2) principles of academic integrity, and 3) our responsibility as educators to our students. We reaffirm our role and responsibility as faculty because these three aspects have been under threat during this dispute.

As scholars, professors, and instructors of education, we are uniquely positioned to gage the damage that recent events pose for academic integrity and scholarly innovation that are the hallmarks of York University’s highly regarded reputation. Our worry is that this dispute is not merely about providing fair conditions for workers, but increasingly about the Administration’s re-alignment of faculty governance. It seems to us that the University is being run less and less by professors and students, who are invested in educational and academic concerns, and more by people in management and commerce, guided by the Board of Governors, with little or no experience in or sense of responsibility for academic and educational matters. Such a re-alignment betrays the longstanding right to have educational and academic autonomy from the Board of Governors for which faculty and others have previously fought. This managerial and economic trend will not serve faculty and students well.

As professors of a Faculty of Education who have long-standing experience and engagement, sharing with multiple stakeholders, in public schools, communities, and educational sectors, we roundly reject the Administration’s rush to undermine faculty governance and educational authority. Our position aligns with those expressed in numerous universities and by school teachers worldwide, some of whom are protesting in the streets today, the devastatingly failed project to make education profitable. Rendering education a commercial project, and putting financial concerns before pedagogical ones, privileges the few while denigrating the promise education holds for so many. Our students, young people, and children stand to lose the most from the reckless actions of the Administrators and the Board of Governors. These managerial actions, lacking foresight, have caused so many teachers, educators, and scholars everywhere to take a decisive stand for the idea and ideals of education, academic integrity, and free enquiry underlying the right to public education in just and democratic societies.

We urge the Administration to respect collegial processes and return to the bargaining table, in good faith and fair play, to lessen the turmoil, confusion, and conflict we are all experiencing. Labour disputes are important events that help us to think about ourselves and the society in which we want to live; they also take the temperature of our foundational institutions and the core values driving them. A strike gives us pause to reflect on the state of our academic organization and how we belong and commit to it. For many of us at York University, this dispute exposes the deliberate collapsing of collegial structures into managerialism, and how our talents, which defy economy, are exploited for their serviceability to the bottom-line. A strike also reminds us (because we all tend to forget) that nothing in life is given. Our lives are all precarious (in different ways) and, in a democratic society, we have a right to speak of our needs and a responsibility to take care of each other. Our Administration needs to remember — indeed, we all need to remember — that when you give people a living, dignifying wage, and treat them like people with minds and dreams and the promise of a shared and sustainable present and future, rather than seeing them as economic “units” and income generators, we provide the fundamental conditions for education to be possible.

In solidarity with teachers and students everywhere,

Steve Alsop,
Sarah Barrett
Warren Crichlow
Roopa Desai Trilokekar
Mario DiPaolantonio
Nombuso Dlamini
Lisa Farley
Jen Jenson
Joy Mannette
Aparna Mishra Tarc
Naomi Norquay
Gillian Parekh
Tina Rapke
Theresa Shanahan
Kurt Thumlert
Laura Wiseman

On the Matter of “Open” Searches, Academic Excellence, and Student Success: A Radical Proposal Reply

April 2, 2018

On the Matter of “Open” Searches, Academic Excellence, and Student Success: A Radical Proposal

A Discussion Paper

Lykke de la Cour
Department of Social Science
York University

The “Open” search process for academic appointments is heralded in the university community as a central pillar, if not the flagship marker, that undergirds the achievement of research and teaching excellence at universities  – and indeed so it should be … in an ideal world.

Data repeatedly demonstrates, however, that despite decades of equity initiatives,  academic “open” searches regularly re/produce structural inequalities linked to gender, race, class, sexual identity and disability, evidenced by the fact that these groups remain under-represented among tenured faculty and, when appointed to tenure-track positions, they tend to be disproportionately concentrated in lower ranks of the profession, are often paid less than their peers, and are only marginally included in programs such as Canada Research Chairs.[1] What this suggests is that academic appointment processes are not, in all instances, as impartial, objective, or unbiased as the term “open” suggests. Instead, all too frequently hiring practices replicate particular forms of power and privilege, with attendant knowledge production and pedagogic practices, styling this as a demonstration of academic “excellence.” “Open” academic searches, hence, are not as unfettered as sometimes implied.

Similarly, exhortations around the importance of “open” searches are neither unencumbered nor innocent when raised in the midst of a labour disruption that centers on the problem of precarious academic employment. In such moments, refrains around the inviolable principle of “open” academic searches become deeply political, chiefly deployed to reinforce divisions between tenured and contractualized faculty, while perpetuating a stigmatized association with appointment processes connected with contractual academic work.

Just look at how many times in the current labour disruption at York the administration has deployed references to “open” searches in its communications relating to Unit 2’s job security proposals. Each message from the administration, including letters from the President and the Interim Provost to OCUFA, etc., have repeatedly underscored “open” hiring practices as a “hallmark” of academic appointment processes that absolutely cannot be breached by permitting greater numbers of conversions at York. In the administration’s most recent March 27th communication on a supervised (forced ratification) vote, they make this point even more fully:

We have made every effort to reach a fair and equitable agreement with CUPE 3903 while preserving and protecting:

  • Academic excellence,
  • Student success, and
  • The vitally important role of open searches for full-time tenure stream faculty.

What are the issues?

We have offered CUPE 3903 the best pay and benefits package of any university in Ontario, but there are two key non-monetary issues on which we can’t compromise:

  1. The number of tenure stream positions that will be given to CUPE 3903 members without an open search: York is committed to the principle that in all but exceptional cases, full-time tenure stream appointments must be made through open searches as they are at all other Canadian universities. To balance this principle with CUPE 3903’s interests, York is offering six tenure stream positions for contract faculty over the life of the new collective agreement. This is being done through the conversion program, which is unprecedented in the country … [2]

Count the number of times that the phrased “open” search is referred to in this statement. Apparently, over the past several months, the administration has also devoted considerable time informing departmental chairs and other tenured faculty at York that any promises around potential new hires would, of course, be mitigated by the number of conversions negotiated CUPE 3903. Talk about playing the two faculty groups off one another.

But let’s unpack the administration’s statement even further.

First, it presents yet another misrepresentation, this time not about the number of conversions offered as being “not concessionary,” but about the process surrounding conversion appointments. In their statement, the administration writes that tenure stream positions “will be given” to CUPE 3903 Unit 2 members. Will be “given”?

At York, contract faculty have always had to participate in a competitive selection process to get a conversion appointment and, if fortunate enough to be selected, what they are actually then “given” is a probationary tenure stream position whereby they will be required to fulfill the same criteria for tenure and promotion as any new hire. Tenured positions are not being benevolently doled out here – and let’s be clear, any modicum of meaningful job security provision (including conversions) that Unit 2 has managed to obtain over the years has not been “given” to them. These have been hard fought for gains, often only attained by going on strike.

The second problem with the administration’s statement concerns the association constructed between “open” searches, academic excellence, and student success. Again, the logic is not clear here.

In the context of a rapidly collapsing faculty infrastructure, where new tenure-stream hires are not keeping apace with TT faculty “departures” – and haven’t been for quite a while, despite enrollment growth[3] – how on earth will a handful of new hires selected through “open” searches be able to achieve the goals of academic excellence and student success?  The university is either going to have to dramatically increase class sizes and introduce other pedagogic innovations in order to cope with enrollment growth in a setting where TT faculty attrition is significant. Or York is going to have to continue to rely on a large cadre of precariously employed contractualized academic staff. Neither of these options is optimal for academic excellence or student success … and, in either case, it leaves a diminished proportion of TT faculty responsible for fulfilling the university’s required service obligations.

In her recent article in The Globe and Mail, Simona Chiose notes:

After hovering between 55 and 60 hires for the past several years, next year York plans to hire 88 tenure-stream professors, according to numbers provided by the university, renewing just under 6 per cent of its total permanent faculty ranks.[4]

Where did these numbers come from?

According to York’s Multi Year Budget Plan 2017-18 to 2019-20, the administration is projecting only 65 new hires for next year. When faculty departures are taken into account, this will yield an overall increase of 33 faculty to the TT complement. The figures are roughly the same for the following year, 2019-20.  The overall ‘in-year’ increase/decrease to YUFA faculty ranks, however, is 27 and 28 when the reduction of 19 and 23 CLAs, respectively, over 2018/19 and 2019/20, is taken into account.[5]

 

Screen Shot 2018-04-05 at 12.07.32 PM.png

Source: Finance Department, York University, “Budget Highlights,” Multi Year Budget Plan 2017-18 to 2019-20

What this chart doesn’t capture is that an increase of 33 faculty to the TT complement still leaves faculty numbers below what they were in 2008/9 (1,424) – and faculty FTEs were already significantly depleted even by 2008/9. As “A Sixteen-Year Snapshot of York University” demonstrates, undergraduate and graduate enrollments at York grew 36% to 38% respectively over the course of the 2000s, but tenure stream faculty increased by only 20%.[6] Data suggests that the TT faculty collapse at York dates at least to the mid-1990s.[7] The above chart also obscures the fact that, in recent years, York has relied on an unprecedented number of contractual positions (CLAs) to artificially boost tenure-stream faculty numbers.  As the table below indicates, CLA positions have increased significantly over the past four years, but not the number of TT faculty. The increase in CLAs has simply facilitated a ‘smoke and mirrors’ game,[8] giving an overall impression of TT faculty complement growth when in fact, since 2008/9, there has been none:

       
YEAR TT CLAs Total
2008/9 1424 104 1528
2009/10 1379 86 1465
2010/11 1364 102 1466
2011/12 1368 107 1475
2012/13 1382 98 1480
2013/14 1389 134 1523
2014/15 1373 155 1505
2015/16 1362 186 1548
2016/17 1381 183 1564

 

Source: York University Fact Book 2015-16 and York University Quick Facts 2016-17

The Report on Appointments, Tenure and Promotion, presented last October to the Board of Governors by the Chair of the Academic Resources Committee, paints a worrisome picture as well.[9] In this document, the Appendix D chart on “Changes in Tenure Stream Complement 2009-10 to 2017-18” indicates a total of 65 appointments made or in progress for 2017-18 (not the 98 projected hires cited in the Multi Year Budget Plan). Eighteen searches (beyond the 65) are listed as “Failed/Deplayed/Cancelled Searches” [sic], which does bring the total number of authorized new hires up to 83, but still not 98. However, these 65 new appointments pale when weighed against confirmed departures, which for 2017-18 are reportedly 45.[10] So 65 – 45 = 20 additions to the faculty complement for 2017-18. Add 20 to the total number of TT in 2016/17 and you get 1401 – still below the TT complement numbers in 2008/9.

If this is the end result when the university says that hiring plans hovered around 50 to 60 new hires the past few years, what will happen in 2018-19 and 2019-20 when budget projections forecast, respectively, only 27 and 26 new hires?

What further complicates the situation around the TT faculty complement, of course, is student enrollments. While TT faculty numbers have declined significantly at York since 2008/9, both undergraduate and graduate enrollments have remained fairly stable – 46,079 undergraduates in 2008/9 versus 46,320 in 2016/17 (an increase of .5% over the period)[11] and 5,837 graduate students in 2008/9 as opposed to 5,798 in 2016/17, a decline of 39 graduate enrollments.[12] No doubt contractual faculty, both within CUPE 3903 Unit 2 and YUFA CLAs, have been deployed to fill the gaps in undergraduate teaching created by the constriction of TT faculty over these years. But it is when we look towards the future – indeed not even the too distant future – that the picture becomes even more fraught if we are truly concerned about academic excellence and student success at York.

As noted above, there are no major plans to increase the number of TT faculty at the university over the next few years. Yet, York’s administration is projecting significant enrollment increases, at least with respect to undergraduate and MA enrollments. It is anticipated that enrollments in each category will rise 12% by 2019/20.  Only a 1% increase in PhD graduate enrollments is predicted by 2020, however.[13] There is also, of course, the opening of the Markham campus in 2021, with an enrollment target of 4,200 students. Advertising for the new campus states that “400+” jobs will created at Markham, but it is not clear how many of these positions will be academic.[14] Similarly, the children of the “echo boomers” (i.e. the grandchildren of the baby boomers) are set to begin enrolling at universities in Ontario in the early 2020s.[15]

So who is going to teach all these students?

Here is where we get to the crux of the CUPE 3903 strike, especially with respect to Unit 2 job security proposals: the administration’s utterly inflexible position on conversions, in my estimation, is fundamentally about the erosion of tenure through a simultaneous process of atrophying new TT hires (precisely in a period where both student enrollments and TT faculty departures linked to retirements are expected to grow) while inhibiting mechanisms through which contractualized faculty can be shifted into tenure-track positions.

In addition to misrepresenting conversions as something benevolently granted to contract faculty and, ultimately, antithetical to academic excellence and student success, the other recurrent theme in the administration’s messaging around Unit 2’s conversion program is about the uniqueness of this program, calling it “unprecedented in the country.” However, the only aspect of CUPE 3903’s conversion program that differentiates it from similar programs at other universities (such as Queen’s University Faculty Association’s collective agreement provisions around Continuing Adjunct Appointments[16]) is that the CUPE 3903 program transfers successful applicants into probationary tenure-stream positions, thereby bolstering tenure-track ranks. In this sense, yes, the CUPE 3903 Conversion Program does stand out as exceptional. But this extraordinariness does not mean that the program should be dispensed with. Rather, isn’t this a program all university faculty unions should embrace in response to the growing problem of precarious academic labour? Could this, perhaps, be the real reason that the province is not intervening and pushing York University to resolve the strike?

The route that many universities in Ontario have followed to deal with the tenure-track “faculty crisis” is to create non-tenured teaching-stream positions. Half of the twenty publically-funded universities operating in the province have done so, variously designating these positions as “Instructor Employees,” “Teaching-Focused Faculty,” “Continuing Lecturer,” “Professional Teaching Positions” and, in York’s case, “Alternate Stream.”[17] Of the ten universities that have a specially designated teaching stream, only three have established these streams within the tenure-track faculty complement: Lakehead, Wilfred Laurier, and York.[18] In each of these instances, the teaching stream mirrors professorial appointments with respect to collective agreement rights and protections, such as sabbaticals, PTR, benefits, etc. The main differences are a somewhat lower salary and a higher teaching load, which fluctuates between a 4.0 course workload at Lakehead, 3.5 at York, and 3.0 at Wilfred Laurier. At York and Laurier teaching-stream faculty can also engage in scholarly academic (not just pedagogic) research for tenure and promotion reviews and other professional assessments. Article 15.7.5(c) of the Wilfrid Laurier University Faculty Association Collective Agreement 2017-20 states:

Any assessment of the scholarly activity of a Member with a PTP shall recognize the Member’s additional teaching beyond the teaching load norms and variations prescribed under 18.2.1 for Members not holding a PTP. A demonstrated record of excellence in teaching, or teaching and service, may be used to lessen the standards required in scholarly and/or professional activity.

Something unique to York, however, is Article 12.13 in the YUFA Collective Agreement which permits faculty transfers from the Alternate Stream to the Professorial Stream in “exceptional circumstances.”

This past January, OCUFA submitted a pre-budget report to the Ontario government, Time for renewal: Investing in the future of Ontario’s universities. This report comes at an opportune time as we ponder how to effectively resolve the strike at York. While the overall thrust of the document is to call for a reinvestment of public funding in Ontario’s college and university system, the theme of faculty renewal stands critically at the center of this report as the only way to really improve the quality of post-secondary education in the province. Its recommendations for reviving Ontario’s faculty complement, however, emphasize not only a reinvestment in new tenure-track hires, but also the creation of “pathways” to full-time secure positions for contract faculty at Ontario universities:

Universities should acknowledge their ongoing reliance on contract work by creating pathways for contract faculty to secure full-time faculty position [at their institutions] …reducing the reliance on contract faculty in the system as a whole.[19]

In the context of the current labour disruption, we have a moment here at York to do exactly what OCUFA is recommending. CUPE 3903 has two specific Unit 2 bargaining proposals on the table that are essentially the “pathways” that OCUFA recommends – and the good news is that neither of these pathways has to be “created” at York, they already exist: the CUPE Conversion Program and the SRC Program (Special Renewable Contracts).[20] With respect to the latter, all that needs to be changed are the dates under Article 12.32 in the YUFA collective agreement. But as both CUPE 3903 and YUFA have repeatedly stated, these dates can only be changed with the agreement of YUFA and by bringing YUFA and CUPE 3903 Unit 2 together into formal tripartite negotiations as part of current round of negotiations. Both unions are willing to do this, but the employer has steadfastly refused.

The “version” of SRCs that the employer has proposed to CUPE 3903 in this round of bargaining, represents a degraded variation of the old SRC program. It is this version which YUFA will never accept. However, the SRC program that YUFA did accept, back in the late 1990s, was very different and had considerable more integrity than what York is now forcing Unit 2 to vote on.

Negotiated in 1999, the SRC program was developed for Unit 2 AA pool members with fifteen or more years of teaching contributions to the university, who had taught at an intensity of at least 2.5 courses over the previous five years. These were contractual appointments, not tenure stream positions within YUFA. The initial term of the contract was five years, with a renewal option for one additional five year term and then a final further three year term. All SRCs were entitled to one sabbatical over the duration of the thirteen years. Faculty appointed to SRC positions had a teaching workload of three courses per year, with the same expectations around university service as required of TT faculty. SRC salaries were negotiable and, thus, comparable to YUFA members’ wages. All other provisions of the YUFA collective agreement, with respect to protections, rights, benefits, and opportunities, applied to SRC faculty.[21] From 1999 to 2004, approximately forty Unit 2 members were transferred to SRC positions in YUFA.[22]

In 2002, CUPE 3903 agreed to suspend the program to allow the remaining members in the pool to transfer into YUFA. A letter of understanding was drawn up at this time that indicated that the employer would examine alternative job security programs over the course of 2002-2005. This never materialized. Then in CUPE 3903’s 2008/9 negotiations, when Unit 2 proposed re-establishing the SRC program, the employer came back with a horribly corrupted TSA proposal (Teaching-Stream Appointments). These were to be 10 new full-time five-year renewable appointments (overall) within YUFA, with a 4.0 course load for $60,000 a year, and no progress-through-the-ranks (PTR) adjustments, no sabbaticals, etc. Only five of these positions were earmarked for members with ten years of more of teaching service. In the forced ratification vote of January 2009,  Unit 2 resoundingly and rightly rejected the employer’s TSA proposal.[23] YUFA similarly rejected the TSAs at an SGMM in 2010 when the employer inserted this proposal into the union’s side-bared workload negotiations.

And so here we are, years later, really no further ahead, with a low number of conversions being offered to CUPE 3903 Unit 2 and yet another butchered version of the old SRC program on the table. Only one  thing has changed over this period: there now are 220 Unit 2 members in the AA Pool, while there were only 83 in 2008/9.[24]

In the current round of negotiations, CUPE 3903 originally proposed 20 conversions and 10 SRC appointments per year over the next three years. That adds up to a total 90 Unit 2 members who could be transferred into YUFA – 60 through conversions to either professorial or alternate stream tenure-track appointments and 30 into five to thirteen-year contractual SRC positions.[25] That’s nearly half of CUPE’s AA pool.

But could we perhaps even be bolder here? Why not bring the whole AA pool into YUFA?

While this suggestion indubitably may seem radical to some, it is nevertheless worth considering given the situation we find ourselves in at York.  First, shifting the Unit 2 AA pool would inflate YUFA faculty numbers overnight and put us in line with other universities in the province where members of the full-time faculty association outnumber academic staff working on eight- and four-month contracts. As well, think about all the service work that this experience pool of faculty could begin to undertake as YUFA members.

Second, dealing in a meaningful way with CUPE 3903’s AA pool and Unit 2 job security demands would most certainly result in greater labour stability at York University. We’ve had three strikes in less than ten years. In each of these strikes, conversions and SRCs have figured centrally in Unit 2’s aspirations during contract negotiations. Each time that Unit 2 has gone out on strike it has been when the employer’s proposed offer does not deal with the matter of precarious employment in a serious manner. While the administration obviously thinks it can bully CUPE 3903 into some sort of submission with this round of negotiations, given the way the employer has handled bargaining and the strike, my sense is that CUPE 3903 is a union that is not so easily intimidated. We are only going to face more labour unrest at York if we don’t start to deal with the problem of precarious academic employment in a significant and meaningful way.

Shifting the Unit 2 AA pool into YUFA would be a good first step in correcting the gross historic wrong that has occurred here at York and the university’s unprecedented over-reliance on contractual academic faculty compared to other universities in Ontario.[26] It would begin to restore our reputation and image as a university that is committed – not just in rhetoric but in practice – to social justice. It conveys to the public and students that social justice is not just something we say, but something we actually do.

Can York afford to do this?

In their budget plan report, last June, the Board of Governors’ Finance and Audit Committee highlighted “the significantly improved financial status of the University over recent years,” emphasizing a $1.1 million in-year surplus and a “positive” in-year variance to the 2016-17 budget of $20.2 million.[27] The university’s statements on revenues and expenses have registered healthy surpluses for the past four years, $36.4 million (2017), $23.3million (2016), $19.9 million (2015) and$4.3 million (2014). Expenses have not outpaced revenues since 2013.[28] Where did monies come from? According to the committee’s report, from increased  tuition  fees  and  higher  international  enrolments, which “provided  some  additional operating income overall,” and the fact that “[c]ost  pressures  largely associated with salaries and benefits declined due to lower compensation settlements.”[29] So, in other words, students, faculty and staff have largely funded these surpluses. Should we not then have a say as to how these monies are spent?

In responding to CUPE 3903 on the matter of budget surpluses, the administration noted that the University “remains committed to allocating any such one-time surplus amounts to its Strategic Investment Fund, used to support the University’s key priorities of excellence in teaching and research and providing an enhanced student experience, as embodied in the University Academic Plan and related strategic planning documents.”[30] This fund, known as the Academic Strategic Investment Contingency Fund, was established in 2014/15 to transfer excess monies from internally restricted net assets to pay for academic and strategic initiatives at the university.[31] Since 2014/15, $75.91 million has been transferred into this fund. In 2016/7, $500,000 of these monies were directed to York’s Branding Campaign. $300,000 was devoted to the Presidential Search (spread out over 2015/16 and 2016/17) and $25 million has gone towards the SHARP Implementation.[32]

It is from this fund that monies were allocated towards the costs associated with the higher number of CUPE 3903 conversions over 2014-2017. In 2015, 2016, and 2017, $270,000 was allocated each year to cover the expenditures associated with CUPE conversions. In total, $810,000 was paid out of the Academic Strategic Investment Contingency Fund to cover 24 conversions. You can do the math here – but basically converting even the whole AA pool would amount to about a third of what has been allocated towards the implementation of the SHARP  budget model plan and less than a fifth of the total projected cumulative ending balance by 2019 ($40.41 million). York can afford to do this – and what better way is there, really, to support one of the university’s key priority areas of enhancing student experience?

We have the “pathways” here at York for dealing with the academic employment precarity that faculty organizations, such as OCUFA, are urging Ontario universities to create. The rationale for doing so is not just about “doing the right thing” with respect to contractualized faculty, but it is also about recognizing that divided neither contract nor tenured faculty are winning much here in the era of the corporatized university. Working together we will all be that much stronger, and together we cannot be so easily played off one another.

 

[1] Mary Fox,Carolyn Fonseca,Jinghui Bao. “Work and family conflict in academic science: Patterns and predictors among women and men in research universities,” Social Studies of Science (2011) Volume 41, No. 5, 715-735; L.A. Renzulli, L. Grant, S. Kathuria. “Race, gender, and the wage gap: Comparing faculty salaries in predominately white and historically black colleges and universities,” Gender & Society (2006) Volume 20.  No. 4, 491-510; Judith S. White. “Pipeline to pathways: new directions for improving the status of women on campus ,” Liberal Education Volume 91, No. 1 (2005), 22-27;  Yonghong Jade Xu. “Gender Disparity in STEM Disciplines: A Study of Faculty Attrition and Turnover Intentions,” Research in Higher Education (2008) Volume 49, No. 7, 607–624; Katherine Side and Wendy Robbins. “Institutionalizing inequalities in Canadian universities: the Canada Research Chairs Program,” NWSA Journal (2007) Volume 19, No. 3, 163-181; Frances Henry, Enakshi Dua, Carl E. James, Audrey Kobayashi, Peter Li, Howard Ramos, Malinda S. Smith. The equity myth : racialization and indigeneity at Canadian universities  Vancouver ; Toronto : UBC Press, 2017.

[2] York University Requests a Supervised Vote  http://labour.yorku.ca/2018/03/27/york-supervised-vote/

[3] 43,235 in 2000/1 to 53,347 in 2016/17

[4] Simona Chiose. “York University, contract professors no closer to ending strike which could impact graduation for thousands,” The Globle and Mail, March 25, 2018.

[5] Finance Department, York University, “Budget Highlights,” Multi Year Budget Plan 2017-18 to 2019-2, p. 98.

[6] Craig Heron, updated by Murray Cooke, CUPE 3903, “A Sixteen-Year Snapshot of York University,” 2000-16.

[7] Full Time Academic Staff 1976/77 Through 2015/16, York Fact Book  2015-16, p181.

[8] For another interesting example of ‘smoke and mirrors’, see QS World University Rankings where York lists its Academic Faculty Staff at 2,357. https://www.topuniversities.com/universities/york-university#sub

[9] Henry Wu,  Chair, Academic Resources Committee,  October 2017 Report on Appointments, Tenure and Promotion, ,memorandum to Board of Governors, October, 3, 2017.

[10] Ibid., Appendix D.

[11] There have been a few notable surges in enrollments, however, over this period. From 2010 to 2014, the number of undergraduates enrolled at York increased by roughly 2,000. Students Registered At York, York Fact Book 2015-16.

[12] York Fact Book 2015-16; York University Quick Facts, 2016-17.

[13] Finance Department, York University, “Fiscal Context,” Multi Year Budget Plan 2017-18 to 2019-2, p. 102.

[14] http://markham.yorku.ca/quick-facts/

[15] Louise Brown, “Ontario university enrolment down for first time in 15 years.” The Toronto Star Sept. 22, 2014.https://www.thestar.com/yourtoronto/education/2014/09/22/ontario_university_enrolment_down_for_first_time_in_15_years.html

[16] Article 25.1.3.2, 2015-2019 Queen’s University – QUFA Collective Agreement.

[17] I have drawn this information from the various collective agreements of faculty associations across the province.

[18] Ryerson does not have a teaching stream but two levels of teaching intensity within faculty ranks.

[19] OCUFA. Time for renewal: Investing in the future of Ontario’s universities, January 2018: 17, and 20-21.

[20] For details on the conversion program, please refer to my March 20, 2018 discussion paper, “To Convert or Not To Convert, That is the Question: The CUPE 3903 Strike and Precarious Academic Labour.”

[21] See Article 12.32 in York University Faculty Association Collective Agreement.

[22] CUPE 3903 Unit 2 Chronicle, January 2009, p. 3.

[23] Cupe 3903. “Key Outstanding Issues of the Strike,” January 2009; Tyler Shipley, “Demanding the Impossible: Struggles for the Future of Post-Secondary Education,” Socialist Project  (May 10, 2009), https://socialistproject.ca/2009/05/b215/

[24]Academic Employee Relations, Summary of AA Pool, December 22, 2008.  CUPE 3903 Conversion List 2015-16

[25] https://3903.cupe.ca/files/2017/02/CUPE-3903-Bargaining-Proposal-Package-2017-Oct-16.docx.pdf

[26] This is really what has been “unprecedented” in the sector, but the employer’s communications never cite this precedence.

[27] Finance and Audit Committee, Budget Plan and Financial Statements, Minutes, York University Board of Governors, 27 June, 2017

[28] York University, Financial Statements,  April 30, 2017, p. 5

[29] Ibid., p. 2

[30] http://labour.yorku.ca/just-the-facts/one-time-budget-surplus-significantly-less-than-cupe-3903-claims/

[31] http://www.yorku.ca/finance/documents/Financial_Statements_April_30_2015.pdf

[32] Chair, Finance and Audit Committee, Update to the Multi-Year Budget Plan for 2016  -17, Memorandum to Board of Governors, June 28 , 2016 , p. 77.

VOTE NO! YUGSA Recommends Its CUPE Members Reject York’s Latest Offer Reply

March 30, 2018

CUPE 3903 members have entered a new phase of the strike: this week, York University requested that the Ministry of Labour supervise a forced vote by the CUPE 3903 membership on York’s latest offer. Through their request, the York administration continues to reject the process of bargaining constructively with CUPE 3903.

We agree with the CUPE 3903 Bargaining Team’s recommendation that the membership vote to REJECT this offer. The BT has explained in more detail why all units should reject this offer. Overall, York’s offer is the worst deal the membership will see. If members reject it, York may be forced to table a better deal out of fear of risking the income from the summer semester. The BT stresses to members that it is better to negotiate a deal through collective bargaining. In addition, York’s offer contains no back-to-work protocol, meaning that there is absolutely no guarantee that members will get paid for the work they do to wrap up the term after the strike is over. The only way to guarantee this back pay is to settle this dispute at the bargaining table, where in the wake of previous strikes CUPE has been successful in ensuring its members receive between 85 – 100% of their pay upon returning to work.

YUGSA is particularly disturbed that the York administration stated in their supervised vote request: “Our graduate students strongly support our Fellowship model.” As a body representing graduate students, we have heard overwhelmingly from our members that they want GAs to be restored. York’s cut to GAs means that hundreds of students do not have access to CUPE 3903’s benefits package, nor the health care plan and support funds that they offer, including their Extended Health Benefits Fund, Trans Fund, Ways and Means Fund, Child Care Fund, Sexual Assault Survivor Support Fund, etc.. It also means that the work previously done by GAs has been downloaded onto unpaid internships for undergraduate students, or, to YUFA members now robbed of their valuable GAs.

These are some of the reasons why CUPE 3903 members ought to reject York’s current offer. What York has done to GAs they are trying now to do to TAs by using the fellowship model of funding to detach funding language from the collective agreement, thereby loosening the union’s ability to bargain over TA funding. This loss will have serious consequences for the York graduate community.

YUGSA Condemns Violence at the Senate Chamber

YUGSA condemns York University’s response to students and workers outside and inside of Senate Chamber on Thursday, March 22, 2018. Seeing the widespread desire for students to enter the Chamber, the York administration had two viable options, which were both ignored:

1) They could have followed the Rules of Senate, which state (in Article I. Principles, 2.) that, “Senate is open to the University community unless it duly resolves to move into closed session.”

2) If the Senate Chamber was filled beyond fire code capacity, they could have resolved to move the meeting to a larger space to accommodate students, which they ought to do going forward.

Instead of pursuing these options, York put members of CUPE 3903, various undergraduate student groups, and members of CUPE 1356 into direct conflict, instructing security guards to keep students out of the chamber. The result was horrific. Senator Devin Clancy was put into a headlock by a security guard upon attempting to enter the chamber; the YUGSA senator was on the receiving end of aggressive remarks and even at one point, physical force by the secretary of senate for protesting the senate executive’s actions and for insistence on remaining at the senate chamber entrance to bear witness to how students and members were being treated. We also heard reports that members of 1356 were injured in the process. There was no security challenge to justify such actions. The students and supporters who were in the hallway, some of them members of the Senate, presented no physical danger to anyone. This highly securitized approach is not welcoming and accommodating — fundamentally, it is not what a university should be about.

Such actions revealed York’s administration goal: for the sake of political expediency, and to forge the strike in their interest, they are willing to put any and all students and workers at risk. They want to pit the members of community against each other: unions against unions, brothers and sisters against brothers and sisters, students against workers, etc. It is only by uniting that we can win our differing but interrelated demands for fair wages and working conditions, collegial governance, the abolition of tuition fees, and more.

How to Engage in Solidarity Actions with CUPE 3903

YUGSA sees three ways that the York community can engage in solidarity actions with CUPE 3903:

1) Sign the petition now to President Lenton and York administration to bargain a fair deal! (CLICK HERE)

2) Join the Cross-Campus Alliance (CCA), comprised of labour and student unions on campus, for their weekly solidarity visit to the picket lines. The next visit will be on Wednesday, April 4 from 12:00 – 2:00 pm on Main Gate (Keele St. and York Blvd.) in conjunction with the Fight for $15 and Fairness’ Day of Action for Equal Pay for Equal Work (RSVP HERE).

3) If you’re interested in organizing further solidarity actions, feel free to connect with us (e-mail campaigns@yugsa.ca), or get in touch with undergraduate students who have been occupying the Senate Chamber since March 22, which has quickly become a 24/7 organizing space around the demands that York negotiate a fair deal with CUPE 3903. The occupation shows how some students are increasingly frustrated by the York administration’s actions, particularly in disrupting the democratic and collegial governance processes at the Senate. These students are demanding that York be held accountable for their incompetence by immediately refunding the semester’s tuition for all students. York’s move to hire private security to constantly surveil picketers has also been applied to the occupiers, who are being intimidated by over-securitization on campus. You can get in touch with them via studentsforcupe3903@gmail.com, or by going to their Facebook page (click here).

Open letter from Osgoode Strike Support Committee Reply

March 28, 2018

Rhonda Lenton, President and Vice-Chancellor, York University Lisa Philipps, Interim Vice President Academic and Provost, York University Leslie Beagrie, Senate Chair, York University Lucy Fromowitz, Vice Provost, Students, York University

Osgoode Students Support the ongoing Senate Reclamation at York University

Dear York Administration:

The Osgoode Strike Support Committee endorses the ongoing occupation of the York University Senate chambers by our fellow undergraduate students in support of striking CUPE 3903 members. We affirm the constitutional right to freedom of association, expression, and assembly enshrined in the Canadian Charter of Rights and Freedoms.

The undergraduate students occupying the Senate chambers demand that the university get back to the bargaining table and find a fair resolution to the ongoing labour disruption. We support these demands and echo their calls. The members of CUPE 3903 are the workers who make York university work; they bear 60% of the teaching load and deserve a fair deal which honours and compensates the labour they put into the university as a centre of teaching and research.

We are in daily communication with the undergrads inside the Senate chambers. We are concerned by the university’s use of private security guards–a worrying trend we first observed during the Aramark strike in 2015. We see this as an attempt to intimidate students, and break the solidarity and support extended by workers and students from across the city. We are concerned by the blatant power imbalance between the undergrads and the university administration.

Students at York and across the globe have always been at the forefront of struggles for social, political and economic justice. Indeed, we are reminded of the successful student reclamation at York University which resulted in the implementation of the university’s first sustainability policy. These were hard earned victories accomplished through successful student mobilization and direct action.

We will continue to lend our political and moral support to the undergraduate reclamation of the Senate chambers. We echo their voices and urge the university administration to get back to the bargaining table.

–  Osgoode Strike Support Committee

 

Statement by YUGSA: York must bargain a fair deal with all units of CUPE 3903 Reply

Statement from the School of Human Resource Management Reply

March 20, 2018

Statement from the School of Human Resource Management on York University and CUPE 3903 Bargaining and Strike

The School of Human Resource Management (SHRM) affirms our commitment to our CUPE colleagues and supports their right to engage in collective bargaining and to strike. We encourage the University to return to bargaining and for both parties to bargain in good faith and reach a collective agreement that is fair and equitable as quickly as possible.

SHRM recognizes that the strike and the decision to continue some but not most courses has created confusion and caused stress for students and faculty. SHRM supports students’ rights guaranteed under the York University Senate Policy not to participate in academic activities during a work stoppage. This includes their right to refuse to cross an actual or virtual picket line without being penalized in any manner for their choice.

Consistent with statements by many other units, SHRM also supports the historical role played by Senate and Senate Executive over matters related to the academic integrity of courses, including decisions about whether classes should be suspended during a work stoppage for reasons of academic integrity.

Open Letter to Minister Hunter 2

March 19, 2018

Honourable Mitzie Hunter
Minister of Advanced Education and Skills Development
Government of Ontario

Dear Minister Hunter,

The Ministry should be aware that the present Board of Governors of York University is operating outside its By-laws and the York University Act. To all intents and purposes, a small group of people exclusively from the banking and big business sector have taken over control of the Board, usurped powers granted to the Senate under the York University Act, and are seeking to impose their own views and agenda at the expense of York University’s legitimate educational goals and responsibilities as a publicly-funded institution.

It is clear that the current Board of Governors does not have the legitimacy and credibility to carry out its functions of oversight with respect to York University. Dominated by big business and big finance to the exclusion of vast segments of our society, it has adopted a brutal corporate-driven managerialism that is impervious to the educational needs of York’s students, including the fundamental right to safety on campus, and dismissive of the vital role of a university to contribute to the conservation, communication and creation of knowledge.

Rather than nurture students, staff and faculty in a dynamic, forward-looking educational process, this Board has demonstrated a persistent underlying anti-intellectualism and hostility to women and other equity-seeking groups that is preventing York University from realizing its full potential in program development and innovation. Quite literally, by its outmoded macho authoritarianism, it is choking the creative forces of York University.

I have been a professor at York University for almost 28 years. I came to York University in 1990, after teaching 10 years at Queen’s University. During the academic year 1993-1994 I served as Chair of the Selection Committee for a New Principal of Glendon College. I also chaired the Glendon Policy and Planning Committee from 1993 to 1995, as well as the School of Translation.  I am a full professor with an excellent record of external research grants, an active international research profile, and an exemplary teaching record. My student evaluations are routinely above 4.7 on a scale of 5, and last year, students in a fourth-year course even gave me a perfect score of 5.

I have also had the great privilege of holding the Seagram Chair in Canadian Studies at McGill University, and the bilingual Joint Chair in Women’s Studies at Carleton University and the University of Ottawa, and being a visiting professor at the University of Bologna and the Johannes Gutenberg University Mainz. I have served as President for two mandates of the Canadian Association for Translation Studies. I founded and direct a respected international peer-reviewed publication series, Vita Traductiva.

York University is the second largest university in Ontario and the third largest university in Canada. According to the statistics given on its website, York University has 46,400 undergraduate students and 5,900 graduate students, and 7,000 faculty and staff (http://about.yorku.ca/). It is an important institution of higher education, funded in large part by the government of Ontario.

It is extremely distressing for me to witness York University being hijacked by private interests to the detriment of its students, staff and faculty, and its amazing potential to make a dynamic and productive contribution to the future of our society.

  1. The Board’s composition does not respect the broad community representation set out in its By-laws

Ontario universities have a moral and legal obligation to be accountable to the public and to work for the collective good. Boards of Governors fulfil an essential function in ensuring the public accountability of a university but to do so, they must represent a broad cross-section of citizens who can bring to the University a rich and diverse range of perspectives.

This is far from the case at York University. The York University Board is comprised of 29 members, including three ex officio members (the President, Chancellor and University Secretary), six members from York University (two students, two staff and two faculty members) and 20 external members.

External members clearly dominate the Board, but these external members are exclusively from big business and big banking. There are no external representatives from the non-profit sector, no representatives from blue and white collar unions across the province, no members from the small business sector, no representatives from the health and social services sector, no social workers, no nurses, no teachers, no fire workers, no representatives from seniors’ associations, in other words, no representation from the community at large.

Yet this very principle of community diversity is enshrined in the By-laws governing the composition of the external members of the Board of Governors at York University:

The Governance and Human Resources Committee will have the responsibility of proposing candidates for election to the Board as external members who will best serve the needs and interests of the University and who broadly represent the public community. Without limiting the generality of the foregoing such candidates shall be reflective of the Arts, Business, Industry, Labour, Professions, Sciences and the community at large. (Article VII, 1(c) ii at http://secretariat.info.yorku.ca/board-of-governors/board-by-laws/)

Already in November 2016 during the Presidential Search I advised the York University Board of Governors that the Board’s composition was far from complying with its By-laws.

At that time, based on the biographies of Board members presented on the York University website (http://secretariat.info.yorku.ca/board-of-governors/), all 21 external Board members came from the world of big finance (57%) and big business (43%).

In fact, 18 (86%) members of the Board were at the time or previously, Presidents or CEOs, and of the remaining three (14%), one was a senior partner in a corporate law firm, one a senior Vice-President of a financial institution, and one the spouse of a CEO in a pharmaceutical company.

This appalling situation is not representative of Canadian university Boards. While under-funding has led universities to search for financing in the private sector and generally increased big business representation on their Boards disproportionately, a 2016 study by Canadian Association of University Teachers (CAUT) found that the ‘business world make up 49.1% of the membership of the boards of governors at Canada’s 15 research universities.’ (http://www.caut.ca/bulletin/articles/2016/09/do-you-know-who-sits-on-your-board). At York University, it is 100%.

Furthermore, the gender gap on the Board boggles the mind. Of the 21 external Board positions filled at that time, incomprehensively only 6 (28%) were held by women and 15 (72%) or almost three-quarters by men. In the 21st century, such an imbalance is highly suggestive of gender bias within the Board. The Board is responsible for safety policy on campus. Certainly, this male-dominated Board has repeatedly failed to engage fully to prevent the frequent and persistent incidents of violence against women (including rapes and armed assaults) on campus, for many of which the aggressor has never been identified or punished.

The 2011 census shows that women outnumber men in Ontario, by a ratio of 95.1 men for every 100 women overall.

Statistics available on the Common University Data Ontario (CUDO) website show that from 2006 to 2015, women consistently composed more than 55% of university students (http://cudo.info.yorku.ca/report/2015-a-general-information-2/).

In 2015, women constituted 58% and men 42% of full-time undergraduate students at York University (http://cudo.info.yorku.ca/report/2015-a-general-information-2/).

How can the Board of a university predominantly frequented by women justify that almost three-quarters of its Board members are men?

  1. The Board stubbornly refuses to bring its composition into compliance with its By-laws and Ontario legislation on gender equity

To my knowledge, the Board has not taken any action since 2016 to change its composition to comply with its By-laws.

An analysis of the current composition of the Board based on information on its website shows appallingly that all of the now 20 external members of the Board continue to come from the big finance (40%) and big business (60%) sectors.

In terms of professional rank, 17 (85%) hold President, CEO or senior executive positions, and the remaining senior partner positions in the corporate law sector. Such a Board can in no way be seen to “broadly represent the public community.”

Moreover, despite current Ontario legislation to improve gender equality on corporate boards, the Board’s gender gap is still unacceptable. Of the 20 external Board members, 14 (65%) are men and only 7 (35%) are women.

In reality, women are even more under-represented on the Board than this already unacceptable statistic would suggest.

The Board has seven committees, only one of which, the External Relations Committee, responsible for fund-raising and out-reach, is chaired by a woman. Seen from this committee perspective, men control 86% of the Board’s activities.

The key committees of Governance and Human Resources, Academic Resources, Finance and Audit, Land and Property, Investment, are all controlled by men. Since the Executive Committee is composed of the Chairs of the other committees, it has only one woman memberWomen constitute only 14% of the Executive Committee.

In other words, at the second-largest university in Ontario where your government is working so hard to prevent violence against women and to promote gender equality, York University’s Executive Committee, arguably the most important committee of the Board since it can act for the Board as a whole, is 86% composed of men.

The Board is responsible for appointing its members and is therefore directly responsible for this non-respect of its own By-laws. The closed, internal nature of this process allows an unscrupulous Board, in defiance of its own By-laws, to define and perpetuate itself through controlled co-optation. It is clearly an old boy’s closed shop.

Current Board members must be aware of Board By-laws, but they have chosen nonetheless to co-opt members from a very narrow range of professional networks, and they have done this in defiance of a basic rule of university governance: the need to respect the By-laws set up to ensure that the university be accountable, not just to a small elite, but to the community as a whole.

  1. The Board’s composition skewed to favour of faculties representing only 5% of undergraduate student enrollments

But this is not all. The Board is out of kilter in other ways that also gravely undermine its legitimacy.

Of the 20 external members of the Board, 10 (8 men and 2 women) hold MBAs (one holds an equivalent business management degree) and 7 (6 men and 1 woman) LLBs. Of these 15 Board members (two hold both an MBA and an LLB), 12 hold one or other of these degrees from York University.

In other words, 75% of Board members are coming from an MBA or LLB background and 60% are graduates of only two of the 11 faculties at York University: Osgoode Hall Law Faculty and the Schulich School of Business.

Indeed, five (25%) Board members sit concurrently on advisory Boards of Schulich, including the Chair of the Board and the chairs of three important committees: the Executive Committee, the Investment Committee and the Land and Property Committee.

These unacceptable incestuous links between the Board and one York faculty mean that one faculty can unduly the influence the Board and unfairly advance its perspective and needs at the expense of the other 10 faculties at the university.

This imbalance aggravates the serious infringement of the By-laws calling for a broad public representation on the Board. Seen in the context of student enrollments at York University, however, it is even more troubling.

Statistics on enrollments by faculty at York University are not easy to obtain. The most recent statistics I found on the university website come from a White Paper produced by then Vice-President Academic Patrick Monaghan. That paper shows that for the year 2009-2010, and there is no reason to think that the general situation has varied substantially since then, undergraduate enrollments at Schulich and Osgoode Hall represented only 2.64% and 2.22% of all undergraduate student enrolments at York.

In other words, while 75% of external Board members come from law and business degrees, these two faculties account for less than 5% of the 46,400 undergraduate student enrollments at the University.

Nor is this disproportion attenuated by York alumni representation on the Board.

The Board’s website does not indicate clearly which members are serving as representatives of York alumni. Nonetheless the biographies of Board members show that two hold executive positions in the York Alumni Association. Not surprisingly one is a graduate of Schulich and the other of Osgoode.

While the Board website provides guidelines for the election of student, staff and faculty members to the Board (together these categories only represent 6 internal Board members), there is no indication that the Alumni Association provides for an election.

Finally, the narrow composition of the Board is exacerbated by other examples of undue professional concentrations. One can ask:

Why on such as small Board there should be two members who were senior executives at the same financial institution (Scotia Bank);

Why three out of 20 (15%) Board members have connections to the Ontario energy sector;

Why of the four members of the Board with a science background, three were trained as engineers (In 2015, engineering accounted for 499 or 1% of overall full-time undergraduate enrolments at York University and of these 499 engineering students only 79 or 15%, were women; http://cudo.info.yorku.ca/report/2015-a-general-information-2/); and

Why one of these engineer Board members should serve concurrently on the Board and on the family Foundation whose donation led to the creation of the School of Engineering at York University, allowing a university donor to exert undue influence over the university.

  1. A Board in defiance of its By-laws does not have the legitimacy and credibility to oversee the well-being of York University as an institution of higher learning

According to the York University Act, the Ontario legislation that created York University, the “objects and purposes of York University are

(a) the advancement of learning and the dissemination of knowledge; and

(b) the intellectual, spiritual, social, moral and physical development of its members and the betterment of society.” (http://secretariat.info.yorku.ca/governance-documents/york-university-act-1965/)

It is evident that the present Board is in no position to ensure, and indeed has shown no interest in ensuring that these objects and purposes are not only respected but nurtured.

A Board that represents the professional and educational interests of less than 6% of the York University’s undergraduate students cannot make informed decisions affecting the academic needs of the other over 94% of York’s 46,400 undergraduate students and the programs, research, staff and faculty upon which they depend.

The vision of such an imbalanced Board is inevitably skewed by the interests of two (or three if engineering is counted) faculties accounting for less than 6% of undergraduate student enrollments, and by the attitudes and practices from the business and banking world that are inappropriate in the context of a public institution of higher learning.

York University cannot present itself as a progressive institution respectful of diversity, as it does on its website, when its own Board comes exclusively from big business and big finance and only 35% of its members are women, relegated to secondary roles.

The Board has direct oversight on a number of issues with important gender implications, including questions of safety, the prevention of sexual violence.

Given the gender imbalance in the composition of its Board, it is not surprising that York University has an abysmal record in terms of the prevention of violence against women.

But the gender imbalance of the Board has other far-reaching consequences.

Women still hold only 40% of faculty positions at Canadian universities  (https://www.univcan.ca/media-room/media-releases/percentage-female-faculty-canadian-universities-growing-statistics-canada/). If the Board is not even committed to having equal numbers of women and men among its members, how can it contribute to reducing the gender gap among faculty?

Statistics compiled by the Ontario Confederation of Faculty Associations (OCUFA) for the Ontario Gender Wage Gap Steering Committee show that there has been an increasing trend to precarious academic jobs and that women far more than men are trapped in such low-paying and insecure academic work:

“59.5% of contract faculty respondents were female, compared with 33.3% men (the remainder chose not to indicate their gender). Moreover, women were more likely to be among the ranks of precarious contract faculty (i.e. contract faculty who earn their main income from sessional instruction and aspire to have a full-time academic career) than

men, whereas men were more likely to find themselves among the ranks of classic contract faculty (i.e. retirees and professionals who engage in sessional instruction as a supplement to a separate career)” (https://ocufa.on.ca/assets/OCUFA-Submission-on-the-Gender-Wage-Gap-FINAL.pdf). Again, how can a Board that is not even to committed to ensuring its own gender balance equity be committed to reducing the gender gap caused by the precarization of academic work?

Finally and of great concern, the exclusively corporate background of Board members has led to sustained pressures to change the administrative culture at York University from the open, transparent and democratic culture required for public accountability to a narrow, opaque and outdated authoritarian culture not even effective anymore in business contexts. The Board is seeking to control the University as though it were the CEO, and the university, its company.

This is approach is leading to other important infringements of the York University Act. In the last Presidential Search, the Board usurped the power granted to the Senate under Article 12 of the York University Act to “make recommendations as to the appointment of the Chancellor and the President.”

Instead, it carried out a closed search, with little input from students, staff and faculty, under a Search Committee inappropriately chaired by the Board Chair, and unilaterally imposed the appointment of a candidate garnishing only 11% support from York’s faculty members (https://www.yufa.ca/yufa-poll-results-on-presidential-search/)

  1. Should the Ministry consider placing York University under supervision?

I do not believe that a public institution of higher learning such as a university should be run like a profit-making business, all the more so in the present context where businesses too often put short-term profit goals ahead of responsible citizenship.

A university has broad responsibilities to society to support a vibrant democracy and to ensure the development of a lively and diverse range of knowledge, responsibilities that cannot be contained in a profit-based perspective.

Universities offer students an environment for personal and professional growth, beyond the contents of specific courses.

University professors fulfil, on a voluntary basis, important social functions through informed comments in the public space on topics of public interest and concern, through key contributions to professional associations that regulate professional accreditation in the interest of the public, and through the public dissemination of scientific knowledge.

The current Board has persisted in its defiance of the By-laws requiring a broad community representation. It has not diminished its ruthless and unscrupulous efforts to impose an authoritarian control over the York University at the expense of recognised general social goals, such as gender equity and women’s safety, and in contravention of the York University Act. It is clearly unwilling and unable to commit to any significant reform.

For that reason, I see no other option than to request that your ministry consider placing York University temporarily under government supervision, disbanding the current illegitimate Board of Governors, annulling its appointment of Dr. Rhonda Lenton as President, and appointing an interim Chairperson of the Board of Governors.

The first tasked of the interim Chair should be to oversee a transparent process for the appointment of a new Board respectful of the rules set out in the York University Act (1965) and the By-laws of the Board of Governors. The first task of the new, duly constituted Board should be the conduct of an open search for a new President.

Your government has undertaken important measures to prevent violence against women, to improve gender equity and to assist Ontario universities to develop their excellence. I hope that the present plea will be well received.For ease of reading, I have also attached a PDF version.

Yours respectfully,
Agnes Whitfield, Ph.D., c. tran.
Professor/Professeure titulaire,
Department of English/Département d’études anglaises
York University/Université York, Toronto (Canada)
http://people.laps.yorku.ca/people.nsf/researcherprofile?readform&shortname=agnesw
Founding Director/Directrice fondatrice, Vita Traductiva
http://yfile.news.yorku.ca/2012/02/13/english-prof-launches-new-translation-studies-series/
Bilingual Joint Chair in Women’s Studies, Carleton University, University of Ottawa/Chaire conjointe bilingue en études des femmes, Université Carleton, Université d’Ottawa, 2009-2010
Virtual Scholar, Heritage Canada/Chercheure virtuelle, Patrimoine canadien, 2006-2007
Seagram Visiting Chair in Canadian Studies, McGill University/Chaire d’invité Seagram en études canadiennes, Université McGill, 2003-2004
Présidente, Association canadienne de traductologie /President, Canadian Association for Translation Studies, 1995-1999

 

To Convert or Not To Convert, That is the Question: The CUPE 3903 Strike and Precarious Academic Labour 1

March 20, 2018

To Convert or Not To Convert, That is the Question: The CUPE 3903 Strike and Precarious Academic Labour

A Discussion Paper

Lykke de la Cour
Department of Social Science
York University

In the on-going labour dispute at York University, the administration insists that its offer to CUPE 3903 contract faculty adequately addresses the problem of precarious academic employment at York. The employer has offered two tenure-track conversions plus six Special Renewable Contracts (SRCs) per year, for a total of 24 appointments to positions within the York University Faculty Association (YUFA) over the next three years.

York’s administration maintains that this proposal is not concessionary, that it effectively addresses the concerns of contract faculty with respect to employment stabilization, and that their offer strikes “the right balance” in terms of meeting both the needs of contractualized faculty and the academic needs of faculties and departments.  According  York’s President, Rhonda Lenton, CUPE 3903’s Conversion Program is “unprecedented”  in the university sector and, thus, the union should be more “reasonable” in its demands by adhering to “norms” in the post-secondary institutions in the province and within CUPE 3903 Unit 2’s “own history.” [1]

In what follows, I lay out the history of the CUPE 3903 Unit 2Conversion Program, including an overview of the number of contract faculty converted to tenure-stream positions over the thirty-year existence of this program. These figures demonstrate that the university’s current offer is indeed concessionary. This history provokes, however, questions about whether or not the the concerns and the needs of contract faculty, the university and York undergraduate and graduate students are really met even when CUPE 3903 Unit 2 has been able to successfully negotiate higher numbers of conversion appointments. I conclude by arguing that thirty years after the creation of CUPE 3903’s exemplary conversion program and after four major strikes by CUPE 3903 from 2000 to 2018, where employment precarity figured centrally in each labour dispute, this is the moment for York’s administration to start ‘doin’ the right thing’ and meaningfully deal with the problem of precarious academic labour at our university.

A History of the Conversion Program at York University

This spring marks the 30th anniversary of the first appointments made under CUPE 3903 Unit 2’s Affirmative Action Program, more commonly known as the CUPE 3903 Conversion Program.

On July 1, 1988, eight long-service Unit 2 members – 6 women and 2 men – became the first contract faculty at York University to be appointed to probationary tenure-track positions under the provisions of the Affirmative Action Program.[2] Negotiated in 1987, this program was established in response to demands for greater job security raised by contract faculty and graduate students in two major strikes at York, in 1981 and 1984. In these strikes, contract faculty advanced proposals for transferring contractualized academic instructors with ten years or more seniority into probationary tenure-stream positions.[3] Framed as shifting “part-time” faculty into “full-time” status, the reality then (as it is now) was that much of the work in Unit 2t was neither part-time nor temporary.  Many contract faculty had taught for decades at a level minimally equivalent to (but more often significantly higher than) the teaching workloads of “full-time” tenured faculty, and did so over twelve months of the year through combinations of back-to-back four- and eight-month contracts, contracts which they had to apply for each and every year.

CUEW picketers at Glendon. Source: Pro tem 30 Oct. 1981.

The end result of the two 1980s strikes was the creation of the Conversion Program, enshrined in Article 23 “Affirmative Action Program” in the CUPE 3903 Unit 2 collective agreement. The fundamental principle of this program is embedded in the preamble to Article 23:

In  recognition  of  the  substantial  contribution  to  the  University  community  made  by  long-term  employees,  and  of  the  obstacles  that  have  faced  these employees  in  their  attempts  to  find  academic  employment,  the  parties  have  agreed to establish an Affirmative Action Program … The parties agree that this Program is an ongoing commitment .

To be in the AA Pool, a Unit 2 member has to have taught at least 5 years within the bargaining unit, have at least one course directorship in each of the preceding four years prior to their entry into the pool, and have had a total of 12 course directorships (or equivalencies) over those four years – essentially an average corresponding to a teaching workload of 3.0 courses per year. Employment equity provisions were subsequently added to the conversion program language, permitting a slight reconfiguration in the distribution of course directorships and equivalencies over the four years for employment equity groups. In the mid-2000s, a requirement was added that one of the recommendations for a conversion appointment also had to be from one or more of the designated employment equity groups, which are aboriginal peoples, persons with disabilities, visible minorities, and women. LGBTQ was also added to this list as a result of CUPE 3903’s 2015 month-long strike and settlement. During the 2015round of bargaining, the Unit 2 bargaining team also managed to successfully negotiate the targeted number of employment equity appointments up to six.[4]

Under the Conversion program, the administration provides “incentive” funding to hiring units that support an AA pool member for a tenure-stream position within their unit. This funding essentially covers the differential between the starting salary of a tenure stream appointment and the cost of three full course directorships. Unit 2 members in the AA pool can apply either through departments (normally those they regularly teach in) or directly to the Dean/Principal who then consults with relevant hiring units to determine if there is support for the application. Hiring units can also ask for a “special search” of eligible contract faculty in the AA pool to support for conversion to their unit.

Regardless of the process used, conversion candidates are required to assemble an application file that is reviewed and ranked by the relevant hiring units and Faculty Deans, and then submitted to the Vice-President Academic and Provost for appraisal and selection. As York’s administration considers conversions to be “strategic” appointments, the university’s hiring priorities, the quality of the candidate, and the “fit between the two” are supposed to guide the VP Academic’s decision-making in selecting who should be converted.[5] What also, of course, figures centrally in decision-making around conversions is the number of conversions that CUPE 3903 Unit 2 manages to negotiate in each round of bargaining.

Conversions and the “Numbers” Game  

In the period immediately following the negotiation of the Conversion Program, York’s administration appears to have lived up to its commitment over the first four years of the program’s inception, the period from 1987 to 1991, and converted twenty-six contract faculty to probationary tenure-stream positions.[6] These appointments spanned a range of departments, such as Humanities, Political Science, History, English, Sociology, Department of Languages, Literatures and Linguistics, Social Science, the Center for Academic Writing, and Psychology.

Starting in 1992, however, the number of conversion appointments to probationary tenure stream positions began to plummet, largely displaced from 1993 to 2001 by a much weaker CLA Conversion Program that simply shifted a limited number of Unit 2 contract faculty from one form of precarious contractualized teaching to another, under the guise of potentially converting Unit 2 faculty from these CLA appointments. As Table 1 illustrates, the number of direct conversion appointments to tenure stream positions for Unit 2 fell to one or two per year over the next ten years, with three or four appointments occasionally in a given year. From 1993 to 2001, the university “converted” twelve Unit 2 contract faculty to CLA positions and, of these twelve, six were eventually converted from their CLAs to probationary tenure stream positions.  So, in sum, while CUPE 3903 conversion appointments averaged 6.5 per year from 1988 to 1991, from 1992 to 2001 this average plunged to 2.9 per year. However, even at its lowest point, from 1992-2001, the number of CUPE 3903 conversions averaged more than what the administration is currently offering.

Table 1: Conversion Appointments 1988-2017

(These figures include only conversions to probationary tenure-stream positions and not the CLA conversions from 1992-2001)

Year # Conversions Year # Conversions Year # Conversions
1988 8 1998 1 2008 6
1989 6 1999 3 2009 2
1990 6 2000 4 2010 2
1991 6 2001 2 2011 2
1992 1 2002 5 2012 2
1993 1 2003 6 2013 3
1994 2 2004 3 2014 2
1995 3 2005 4 2015 8
1996 4 2006 8 2016 8
1997 2 2007 6 2017 8

Table 1 shows the ebb and flow of the number of conversion appointments at the university over the history of the program, with higher numbers periodically negotiated for 2002, 2003, and 2006 to 2008. 2015 to 2017 represents the highest number achieved for Unit 2 over a three year collective agreement. The 2015 CUPE 3903 Unit 2 settlement, however, included for the first time specifications around conversion numbers by stream, i.e. to either Professorial or Alternate Stream positions. A minimum of six recommendations out of the total twenty-four conversions negotiated for 2015-17 were to be to the professorial stream. In the end, eight Unit 2 members were converted by the university to professorial positions and sixteen to the Alternate Stream over the three year period.

Prior to Unit 2’s 2015 settlement, Alternate Stream conversions were individually negotiated by Unit 2 members during their application for conversion, provided they taught in one of the cognate units where Alternate Stream ranks were permitted under the terms of the YUFA collective agreement. Up until 2012, these units/departments included: Nursing, Kinesiology and Health Science in the Faculty of Health, the Faculty of Science and Engineering, the Department of Languages, Literatures, and Linguistics, the Center for Academic Writing, the Department of French Studies in LAPS, and the French Language Training Programme at Glendon. In 2012, YUFA’s negotiated settlement expanded the Alternate Stream to all departments at the university. A number of these departments, however, have subsequently refused to accept Alternate Stream appointments within their units, while some departments agreed to accept Alternate Stream faculty only with respect to CUPE 3903 conversions.

Over the thirty years that the conversion program has operated at York, a total of 124 CUPE 3903 Unit 2 members have been converted to probationary tenure stream positions, 98 to the professorial stream, and 10 to the pre-2012 and 16 to the post-2012 Alternate Stream. This translates into an average of 4.1 conversions per year.  Of these conversions, 55% were women and 45% men. Fifteen percent of the initial 1988-1991 conversion cohort were racialized contractual faculty, a majority of who were women. After 1990 and up to 2003, no racialized faculty appear to have been converted. But from 2003 onwards, racialized faculty constituted eight percent overall of all conversion appointments, most of these conversion candidates were black males and Asian women. From the available data on conversions from 1988 to 2017, it is impossible to assess how many (or if any) conversions involved Indigenous, disabled or LGBTQ contract faculty.

York contract faculty who are converted to either a Professorial or an Alternate Stream position must meet the bar for Tenure and Promotion (as set out by Senate, Hiring Unit, and YUFA documents) like all other regular hires. Only two faculty appointed through the conversion program, one in the late 1980s and the other in the early 2000s, failed to obtain tenure.[7] Outside of the recent conversions who are currently going through the T&P process, the remainder of contract faculty appointed through the conversion process (roughly just under 100) have successfully met the criteria for tenure and promotion and many have gone on to have quite illustrious careers at York, academically as well as in terms of contributing in major ways to service at the university. Faculty appointed through the conversion program have served as departmental Chairs, UPDs, and GPDs, as chairs and co-chairs of Faculty and Senate committees, as Associate Deans, and as College Masters. They have headed major research networks. Many have won both York and provincial teaching awards. The “pool” of tenured faculty at York who obtained their positions through the conversion program also boasts a Grammy Award winner.

University Sector ‘Norms’ and Precarious Academic Labour

CUPE 3903’s Conversion Program certainly does stand out in the university sector as a unique program for shifting long-term contractualized faculty into probationary tenure stream positions.  Although Queen’s University Faculty Association does vaunt one of the few other conversion programs in the province, conversion appointments under the QUAF collective agreement are to non-tenured “continuing” positions (Continuing Adjunct Appointments). Contract faculty at Queen’s can apply for conversion to such a position after six years of consecutive service as a “Term Adjunct” and once they have completed a specific cumulative total of full-course equivalents.[8] Carlton University also has a provision that permits the transfer of long-term Instructor Employees to the ranks of tenured faculty in “exceptional circumstances.”[9]

President Lenton’s claim that CUPE 3903’s Conversion Program is “unprecedented” in the sector is true in the sense that this program provides opportunities for long-service contract faculty to transfer into, not contractual or “continuing” appointments, but probationary tenure-stream positions. However, in her March 13th “Memorandum on a Path Forward,” the President essentially troubles rather than praises the uniqueness of this program, insisting that CUPE 3903 should be “reasonable” and adhere to “norms” of the sector.

What we all should all be asking here is what are these “norms” and why is she arguing this?

Over the past three decades, ‘normativity’ in the delivery of post-secondary education in Ontario, as elsewhere, has come to mean fewer tenure-stream faculty appointments and an ever-growing reliance on precariously employed contract faculty in order to accommodate enrollment growth within a context of declining investments in academic and faculty resources.  Significant pedagogic transformations, such as increased class sizes, a greater use of unpaid “peer” mentoring, on-line instruction, and the erosion of graduate education, etc., have also come to be defining hallmarks in the sector, for the same reasons.

One gain that CUPE 3903 Unit 2 has managed to achieve in this context – albeit through several major strikes – are a modicum of measures that buttress against the downward drift at York towards sector norms around precarious academic employment, i.e. the “McJobs” that have increasingly come to characterize work in the college and university sector where the majority of faculty are hired on last-minute contracts of four or eight month duration and for which they must apply for every year. With respect to contract faculty at York, the issue is not – nor has it been for several decades now – about wages and benefits, but rather about greater employment stabilization that would ultimately benefit not only contract faculty but also undergraduate student education by having a stabilized cadre of instructors. As contract faculty across the province have long maintained, their working conditions are students’ learning conditions.

York’s administration seems to have lost sight of the fact that the ‘normativity’ which has come to characterize colleges and universities in Ontario – i.e. plummeting numbers of tenured faculty and a concomitant increased reliance on precariously employed contract faculty, occurring alongside exorbitant tuition fee rises that have exceeded national standards – is currently under attack from a broad range of constituents (or “stakeholders” the term more commonly used in this corporatized era): contract and tenured faculty, undergraduate and graduate students, unionized faculty associations, umbrella organizations (such as the Canadian Association of University Teachers (CAUT), the Ontario Confederation of University Faculty Associations (OCUFA), CUPE National’s Ontario University Workers Coordinating Committee (OUWCC), and its sibling in the U.S. (the Coalition of Contingent Academic Labor.(COCAL)), student organizations (such as the Canadian Federation of Students (CFS) and our own York Federation of Students (YFS)), as well as a multitude of international scholars and student and faculty associations in Britain, Australia, New Zealand, and the United States, who are deranging the neoliberal “norms” associated with teaching, learning, and working in post-secondary institutions today. Blogs and posts to websites associated with the Chronical of Higher Education and The Guardian show that the “norm” which President Lenton is referring to, is, in fact, under siege.

In 2010, the American Association of University Professors’ Committee on Contingency and the Profession published a seminal report about university sector “norms” in the U.S. and suggestions for creative bargaining proposals to address the situation. This report can be accessed at:   https://www.aaup.org/report/tenure-and-teaching-intensive-appointments. For the sake of expediency, go to “Section I: The Collapsing Faculty Infrastructure” and “Section III: Conversion to Tenure Is the Best Way to Stabilize the Faculty.” While the AAUP did not reference York University in their report, given that CUPE 3903’s conversion program started in the late 1980s, one can only surmise that they probably do know about York’s program and are now trying to emulate it, otherwise why the reference to “conversions”?

Collapsing or Already Collapsed?: The Faculty Infrastructure at York

The failure to deal with CUPE 3903 Unit 2 employment precarity has propelled four major strikes at York over the past eighteen years – in 2000/1,  2008/9, 2015 and now again in 2018.

The public and the media are quite rightly asking: why?

While York is certainly not the lone post-secondary institution in the province to experience labour strife – several strikes have occurred in recent years, at the University of Toronto, Laurentian University, Carleton University and ,of course, the five-week strike at Ontario’s Colleges last fall – the situation here is nevertheless distinctive in that, compared to other universities in the province, York has historically over-relied on contract faculty in the delivery of its undergraduate education.

This point has been repeatedly highlighted in numerous reports, including The “Other” University Teachers: Non-Full-Time Instructors at Ontario Universities, released by the Higher Education Quality Council of Ontario in 2014. In this report, the authors note that the “growth in the number of sessional instructor assignments at York University has far outpaced the growth in the number of full-time faculty appointments.”[10] Figures contained in HEQCO’s study also show York as an outlier in the Ontario university sector in that the number of contract faculty employed at the university exceed that of full-time faculty, and have for most of the institution’s 50+ year history.

In 1990, there were 1,237 faculty in YUFA, but 1,449 contract faculty at York. By 2009, the figures were: 1,465 in YUFA/1,582 contract faculty. The number of faculty in YUFA did go up, in 2015, to 1,548 compared to 1,306 contract faculty.  But what YUFA’s numbers mask is the dramatic increase that transpired, from 2013 to the present, in Contractually Limited Appointments (CLAs) within YUFA. There were 98 CLA appointments in YUFA in 2012/13. This jumped to 134 (2013-14), 155 (2014-15), 186 (2015-16) and 172 (2016-17).  When these positions are taken into account, probationary tenure-stream and tenured faculty in YUFA actually numbered only 1,362 in 2015, while faculty working on contracts (either within YUFA, CUPE 3903, or CUPE-Exempt positions in Administrative Studies, Osgoode, Schulich, and Continuing Education) totaled 1,492. Since 2015, York’s tenure-stream complement has, overall, increased by only 29 faculty.[11]

York’s historic over-reliance on contract faculty, coupled with significant declines in new tenure-stream positions across the university sector generally, has resulted in a large build-up of Unit 2 members in CUPE 3903’s Affirmative Action Pool. In December 1987, the conversion pool totaled 64 Unit 2 members. By 2007, the pool had increased to 83 members. It now currently stands at roughly 220 members.[12] This dramatic increase over the past ten years coincides with what the AAUP describes as the “collapsing” tenured faculty infrastructure, but it also appears to be highly connected to York University’s historic and ongoing failure to invest in faculty resources thereby perpetuating an enduring reliance on precariously situated contractualized academic faculty.

Who are the Unit 2 members in the Conversion Pool? As Table 2 indicates, most (96%) have been employed at York for ten or more years, generally teaching at an intensity equal to or more than double what tenure-stream faculty teach. Fifty-five percent of the AA pool is female (compared to 44.3% of tenured faculty). Overall, eleven percent are racialized or Indigenous contract faculty, the majority of whom (92%) have ten or more years of service at the university. Among the higher seniority AA pool members, with 15+ years of service,  the percentage of racialized and Indigenous Unit 2 members is higher (12%). The Conversion Pool also includes six faculty who were “returned” to Unit 2 as a result of the cancellation of the SRC program (Special Renewable Contracts) in YUFA in 2012. Two more SRCs are expected to return to the bargaining unit this summer once their YUFA contracts end.[13]

Table 2: 2017 Conversion Pool Years of Service Profile

Years of Service No. %
40yrs+ 5 2.2%
30yrs-39 25 11.4%
20yrs-29 49 22.3%
10yrs-19 132 60.0%
5yrs -10 9 4.1%
Total 220 100%

 One of the central conundrums at the heart of the current labour dispute, with respect to Unit 2, is that the bulk of the AA pool are contract faculty teaching in programs and faculties  at York where the full-time faculty complement is “collapsing.” Seventy-three percent of Unit 2 members in the conversion pool teach in liberal arts programs at Glendon and Keele campuses, while contract faculty in the Faculty of Health, School of the Arts, Media, Performance & Design, and the Faculty of Science constitute respectively 12%, 11% and 4% of the pool membership. But as Table 3 shows, these are precisely the faculties that are shrinking or stagnating in terms of York’s full-time faculty complement.

Table 3: York University TT Faculty Complement 2008-17 (Changes)

Faculty 2008/9 2015/6 (2008-2016) 2016/17 (2016-17)
AMPD 133 117 -16 109 -18
ENVS 44 40 -4 44 +4
GLENDON 99 95 -4 96 +1
HEALTH 178 197 +19 196 -1
Arts/Atkinson/LAPS 667 611 -56 601 -10
LASS 77 111 +34 121 +10
OSGOODE 60 67 +7 67 n/c
SCHULICH 87 92 +5 87 -5
SCIENCE 212 168 -44 187 +19

The “shrinkage” of YUFA faculty will no doubt continue, given YUFA retirements and given that, according to its Multi-Year Budget Plan, York University’s administration forecasts a net increase to the tenure-stream faculty ranks of only 27 in 2018-19 and 28 in 2019-20.[14] This is despite the fact that the report predicts undergraduate enrolments at York will reach 45,000 students (domestic and international) by 2018-19, “surpassing,” as they note, “the 2012-13 levels of 44,300.”[15]

Interestingly, undergraduate enrollments at the university, in 2015, were largely the same as they were in 2008/9:  46,496 versus 46,079.[16] So given the decline in the tenure-stream faculty complement noted above, whom then is going to do the teaching?  York will either have to move towards downloading more teaching (and service) onto fewer tenure-stream faculty, by increasing class sizes and insisting that only classes that meet enrollment targets will run (i.e. more rigid class cancellation policies around courses that don’t meet targeted enrollment numbers), or will have to continue relying on a large cadre of Unit 2 employees. The latter solution is problematic as it is precisely this over-reliance on contractualized faculty that have led to critiques of York from organizations such as the the Higher Education Quality Council of Ontario.

In their 2014 report, HEQCO noted of the significant upsurge of contractualized academic labour at York which had transpired over the first decade of the 2000s when the number of contract faculty increased from 791 in 2002-3 to 1,774 by 2013-14. But embedded in their comments about this expansion was an implicit critique of tenured faculty at York and their “underperformance” with respect to undergraduate teaching. The report’s authors wrote:

The percentage increase in sessional instructor assignments at York University far exceeded the increase in students during the same time period. Student enrolment increased by 30% between 2002-2003 and 2004-2005 and remained relatively steady in subsequent years, increasing only 1-3% yearly until 2012-2013. In contrast, the number of sessional instructor assignments grew at an annual rate of between 10 and 15% during the 2005-2013 period [17]

‘Doin’ the Right Thing’: Conversions and Special Renewable Contracts (SRCs)

President Lenton’s argument – i.e. that stabilizing Unit 2 contract faculty beyond what the university has already offered   (two conversion and six SRCs appointments per year )  would run contrary to “open” collegial search processes that are the “hallmark” of universities across the country – rings somewhat hallow given the collapsed/collapsing faculty infrastructure at York University. The majority of new hires over the past ten years have been directed to the Lassonde School of Engineering, and even these numbers appear to be now tapering off.

We are in the midst of a fundamental crisis at York where something major needs to be done about the buildup of Unit 2 contract faculty in the AA pool.

To not do anything with respect to this group of faculty will simply perpetuate a continued reliance upon and an exploitation of their labour in working conditions that are deleterious to the mission of  undergraduate education at York and, I would argue, injurious to the interests of York’s diminishing TT faculty complement who are facing mounting pressures around increased class-size, higher levels of service, and the erosion of the workload protections enshrined in YUFA’s collective agreement. This is already happening, and it will continue to ensue unless the moment is seized here to “do the right thing” and stabilize the work of those contract faculty who are essentially the permanent “full time” employees within Unit 2 and have been for decades – the AA pool.

Not dealing with the AA pool furthermore runs contrary to York’s reputation as a university committed to social justice. Indeed, it fundamentally contradicts this image of York. As already noted, there are significant equity dimensions associated with the AA pool, given the over-representation of female, racialized and Indigenous contractualized employees in this group. It is highly likely that there is an over-representation of other employment equity categories as well in the conversion pool

The language of Article 23 in CUPE 3903’s Unit 2 collective agreement quite purposefully references “Affirmative Action,” reflecting the political spirit of  the late 1980s so as to shine a spotlight on the troubling “class” hierarchy that operated then and continues to operate within universities, and especially at York – i.e. the deep social and economic divisions that operate between an intentionally subordinated and disadvantaged group of contractualized faculty and their more privileged tenured faculty colleagues, and the injustice of this.

Thirty years later, after four major CUPE 3903strikes, from 2000 to 2018, this injustice remains. It is time to start ‘doin’ the right thing’ here which means dealing with the Affirmative Action pool in a meaningful and concrete way.

 

[1] York U’s memo to CUPE 3903, provided through the Ministry of Labour  Mediator Tue, 13 Mar 2018 19:01:42 -0400 (EDT) http://labour.yorku.ca/2018/03/13/memorandum-on-a-path-forward/; March 9, 2018 letter to Professor Phillips, from Rhonda L. Lenton, President & Vice-Chancellor, http://labour.yorku.ca/yorks-response-to-open-letters-from-ocufa-york-community/.

[2] CUEW Local 3 Executive, “Memorandum on Affirmative Action for Long-Service, High-intensity Part Timers,” January 14, 1988.

[3] Sterling Taylor, “New strike hits York University as 1,500 go out,” Toronto Star 18 October 1984, p. A17.

[4] Article 23.01 CUPE 3903 Unit 2 Collective Agreement, 2014-17, p. 77

[5] Alice Pitt, Vice-Provost Academic Memorandum to Deans, Faculties of Liberal Arts and Professional Studies, Education, Environmental Studies, AMPD, Health, Lassonde, Science, and Principal, Glendon College on 2016-17 CUPE 3903 Affirmative Action (“Conversion”) Program, November 30, 2016.

[6] Faculty Relations, York University, “CUPE Conversion Appointments.”

[7] Email communication from Sheila Embleton, Chief Steward, YUFA, March 18, 2018.

[8] Article 25.1.3.2, 2015-2019 Queen’s University – QUFA Collective Agreement.

[9] Article 9.8 Instructor Employees, 2014-17 Carlton University Academic Staff Association Collective Agreement.

[10] Field, C. C., Jones, G. A., Karram Stephenson, G., & Khoyetsyan, A. (2014). The “Other” University Teachers: Non-Full-Time Instructors at Ontario Universities. Toronto: Higher Education Quality Council of Ontario, p.28.

[11] These figures are taken from York  University Factbook and Quick Facts http://oipa.info.yorku.ca/data-hub/quick-facts/

[12]CUPE 3903 Conversion List 2015-16

[13] Ibid.; CUPE 3903 Seniority List 2018.

[14] York University, Multi Year Budget Plan 2017-18 to 2019-20, p. 98.

[15] Ibid., p. 101.

[16] York University Factbook.

[17] Field, et al., p. 27.