Bargaining FAQ (2024)

The Ontario Labour Relations Board (OLRB) held a strike mandate vote from Oct 15 - 18 (extended from the 17th due to a technical error on their part). Over 11,000 faculty members voted (76.1% of members) with 79% in favour of a strike mandate. This means that most members are saying "yes, I'm ready to fight for my rights, and I trust the bargaining team to call job action if and when appropriate". 

We not only have the Workload Task Force Report that shows the data indicating that we are not compensated properly for our work, and that our workload formula needs to be updated. We now also have a strike mandate in hand that say that the faculty are not scared of the Colleges. In fact quite the opposite: we are ready to stand up for our rights!

No, not at all. It does mean that a strike can be called, but that won't happen until the bargaining team sees no other way to escalate matters. (and keep in mind that there are many other forms of job action, and that a strike is only one of those tools.)

For the record, during the strike mandate vote, the Union proposed a non-escalation agreement to the College that would last until the end of the year. The proposal meant that neither party could call any job action or any other form of escalation for the balance of the year. The College countered with a proposal of mediation/arbitration, which means mediation followed by binding interest arbitration. The Union cannot access arbitration, but accepted mediation. However, the Colleges still countered with mediation/arbitration, and in addition, went public with this information: breaking confidentiality, and violating the conciliation process. Even worse, they are saying binding interest arbitration is a good thing and that the Union isn't agreeing to it.

It's important to understand that binding interest arbitration can serve its purpose in the correct time and place, but not now, and not like this. (more info in the next tab "The CEC has proposed binding interest arbitration. Why not just do that?")

It is important to understanding that timing and external factors play a big role in bargaining. That said, let us compare last round (2021) with this current round (2024).

In the last round of bargaining, the Union proposed binding interest arbitration in the early stages of bargaining (Fall 2021). That's because our landscape was very different at that time:

• We were still in the thick of COVID; many people were scared or sick (or both). Most colleges had very limited in-person meetings and classes (which also had vaccination requirements to enter); many people had to take care of elderly, ill, or immunocompromised loved ones. It was a very stressful time for many reasons, due to COVID.
• Bill 124 was in effect, meaning wages were automatically capped at 1%. This means that wages and benefits weren't even a topic of negotiations in bargaining, as it couldn't really be "negotiated" at all.

On these two factors alone, faculty and students were facing enough stress and anxiety. So the bargaining team made the decision that stability was the most important thing we could give to faculty and students in this round. And that is why binding interest arbitration was proposed by the Union at the start of negotiations. It was an unusual move, as the whole concept of "bargaining" from the worker's perspective is to negotiate stronger protections and better terms of employment for our members. But in 2021, binding arbitration from the get-go meant that faculty and students would have peace of mind that their classes would not be disrupted in any way due to bargaining.

Typically in bargaining, binding interest arbitration tends to happen towards the end (if at all) when both parties have had a decent opportunity to negotiate using the normal 'tools' and following standard bargaining processes. Ending with binding arbitration would essentially be the final step to 'close the deal' by a 3rd party arbitrator.

This round is very different:

• Most, if not all, colleges are operating in-person at pre-pandemic levels. Student enrollment at many colleges is also back to pre-pandemic levels (although changes to International Student policies have affected some colleges more than others; not so much at Humber though)
• Bill 124 was repealed, so wages can be properly negotiated.
• Workload continues to be a major issue in bargaining, as in previous rounds. The Workload Task Force was tasked (in 2022) with developing a report on workload to inform this round of bargaining. That report was completed and publicly shared in September 2024. 
• Faculty are ready for improvements to the collective agreement: we have a 79% strike mandate vote - the highest one of this generation - meaning "we support our bargaining team and authorize them to call any strike action, if any when necessary."

For all these reasons (and many more), this round is about fighting for what we are owed (which translates to what students are owed). The best way to get what we are owed is through proper negotiation between the two parties. We have tools in our toolbox, as does the Employer. The membership voted to support the bargaining team to make decisions on labour action if and when needed, and we will not give up those rights at this stage.

It's also important to note that the Union was the first to table a "no escalation" agreement prior to the strike mandate vote (discussions took place in confidence by both parties). Although it is true that the CEC was the first to table mediation and binding interest arbitration, the Union will not agree to arbitration at this stage, for the reasons stated above.  The Union did, however, agree to mediation, but the CEC does not want mediation without arbitration. We are at an impasse, but it is important that students understand the difference between last round and this term, in terms of binding interest arbitration. 

Here is a summary of the current proposals on the table for wages:

Here is a summary of the current proposals on the table for Workload (for Partial-Load professors):

Here is a summary of the current proposals on the table for Workload (for Full Time professors, librarians, and counsellors):

If the CEC allows for it, OPSEU will pay the Employer portion of the benefits, so benefits will continue for the duration of the strike. Humber College will not contribute to faculty benefits plan during the strike. Please stay tuned for confirmation.

• Members must be signed members in good standing to receive strike pay. To ensure you are eligible for strike pay and Local top-up, please follow the 4 steps listed on our website: https://www.opseu562.org/strike-preparation-for-faculty.
• Faculty will only be paid if the strike lasts longer than 1 day.
  • All strike pay is tax-free income (no tax is paid on it). Pay is pro-rated if fewer than 20 hours are completed.
    • Weeks 1 to 3: $250/week (for 20 hours)
    • Weeks 4+: $350/week (for 20 hours)
    • $55/week for each dependent (for 20 hours)
      • A dependent is: a non-income-earning spouse (excludes spouse on strike); a child under 18 (or under 26 if attending school full-time) OR a dependent child as defined by the collective agreement or the benefit plan; a disabled family member; or an elderly family member who normally receives financial support from the striking member.
      • If both spouses are on strike, both may claim the dependents.
      • Due to our fiduciary duty to our members, the Local reserves the right to request proof of dependents for auditing purposes. For clarity, a dependent should be understood to have the same meaning as a dependent for income tax purposes.
• Strike pay is earned on a daily basis but paid on a weekly basis.
• Members who participate in strike duties will be paid by 2 sources: OPSEU Central and the Local. As such, faculty can expect to receive 2 separate deposits (which may or may not be on the same day). Equally, it is the member’s responsibility to ensure that they have registered their direct deposit information with both OPSEU Central through the Members Portal and the Local.
• The Local’s top up pay is paid at the same rate as OPSEU’s strike pay.
• Faculty who are partial-load at two different Locals during the strike cannot receive double strike pay.
• Only members who perform the assigned strike duties will be paid. Any member who is involved in strikebreaking activity (see “What constitutes strike-breaking?” section) will not be compensated, and may be subject to further actions outlined in Article 30 of the OPSEU Constitution.

At the General Membership Meeting in June 2024, the membership passed the following motion:

Where a FT member’s pension is affected by a strike that occurs within the best 60 consecutive months as used in the calculation for the member’s pension entitlement, or a PL member’s pension is affected by a strike, the Local shall reimburse the member for an amount equal to the employer’s contributions that would have been made during the period of the work stoppage.

To be eligible for reimbursement, the member must have performed strike duties and not have engaged in any strike breaking.

Prior to retirement, the member must present confirmation of their retirement date, proof of payment to the CAAT Pension Plan, and for FT members, proof the strike period occurred within their best 60 months.

Qualifying members shall be reimbursed immediately upon retirement.

All pension-related matters will be dealt with after the strike ends.

Faculty on LTD who are paid by Sunlife will continue to be paid and will not be impacted by the strike. Faculty on LTD who are using sick days will not be able to use sick days during the strike. Faculty will not receive strike pay from OPSEU – they will receive our Local strike pay top up without doing strike duties and will be able to claim Employment Insurance (EI) sick benefits.

We urge all members to demonstrate solidarity at the picket line. However, if a member is ill and cannot fulfill these duties, we ask that they contact us as soon as possible at accommodations@opseu562.org to discuss their circumstances.

Members who have concerns about their ability to fully participate in strike duties based on a protected ground may request accommodations. The Local will adhere to guidelines on the provision of accommodations outlined by the Ontario Human Rights Commission when working with members to determine what accommodations may be appropriate.

To initiate a request for accommodations, members are required to submit the Accommodation Request Form – Striking Duties. If you do not find this form on our website, send us an email to request the form. Please submit requests for and/or submit the completed form to accommodations@opseu562.org as soon as possible.

It is important to provide all information requested on the forms. The information will assist the Local to ensure members are appropriately accommodated. A member of the Local will contact you to discuss your accommodation needs and to assist us in determining which duties may be most appropriate. The types of accommodation available may vary depending on the needs of the Local.

All information provided to the Local in relation to accommodation requests will be kept confidential and will only be accessed by the Local Officer team and/or faculty assigned to support the accommodations process leading up to and/or during the strike. Members seeking accommodations have a duty to cooperate in finding reasonable accommodation solutions.

While accommodation requests can be submitted throughout the strike, members are expected to submit requests as soon as they become aware that they may require an accommodation.

Faculty who are currently on maternity or parental leave will not receive the College’s top-up payment for the duration of the strike. In the spirit of solidarity, however, the Local will pay faculty on such a leave Local top-up. If possible, we ask that affected faculty members participate in strike duties where possible. Please note that OPSEU will only pay for strike pay if you participate in strike duties. If you are currently on maternity or parental leave and are concerned about being able to fully participate in strike duties, please follow the process for requesting accommodations and contact us at accommodations@opseu562.org. Please indicate on your accommodation request form that you are on maternity/paternity leave.

We are waiting to hear back from Humber on whether they will offer faculty on sabbatical the option to continue sabbatical through the strike, as they have in the past. In terms of standard practice, anyone on sabbatical would cease that work to participate in the strike. This means that faculty who are currently on sabbatical should participate in the strike to receive strike pay. Accommodations are available to those who require one (see Accommodations). Please stay tuned.

The Local recognizes and respects all religious holidays. We ask those who cannot perform strike duties on certain days or times to let us know in advance such that accommodations can be put into place. In your email, be sure to specify the date(s), day(s) and/or time(s) you cannot participate in strike duties. Please contact accommodations@opseu562.org as early as possible.

The Local does not currently have a Hardship Fund. However, OPSEU central has Strike Hardship Relief Fund that members may apply for. Alternatively, OPSEU also has a Regional Hardship Fund, although it generally does not cover hardship due to job action.

For faculty who are currently on vacation, your vacation ends when we start our full strike, and you are welcome to participate in strike duties. Any remaining days owed should be still available to faculty when the strike is over.

Faculty are encouraged to arrive prior to the start of their shift. Your shift begins when you sign in.

You must sign in and sign out so that we know how many hours you worked that day! This round, we are using electronic registration instead of paper-based registration. When you arrive on location, give your name to any Picket Captain (anyone in a safety vest) to get signed in. This will register your time of arrival. Similarly, when your shift is over, provide your name to any Picket Captain to log your sign-out time.

Shifts begin when you SIGN IN, and end when you SIGN OUT. Hours are logged in increments of 0.5 hours. Twenty (20) hours worked counts as one full week of strike duties completed. Minimum shift length is four (4) hours. Faculty may work more than 4 hours in a day if they so choose. Pay will be pro-rated for weekly shifts totaling less than 20 hours. Hours cannot be carried forward.

• Standard work shifts: Mon – Fri: 4 hours/day = 20 hours
• Sample modified shift: Mon/Tues (6 hours/day) + Wed/Thurs (4 hours/day) = 20 hours 

Members may apply to picket at another college. Upon both locals’ approvals, the member can picket at the receiving college and will continue to receive our Local’s strike pay top-up for completing strike duties. Members may apply by completing and submitting Form J (Picketing Information) to accommodations@opseu562.org. We will forward your request to the other Local. Once we hear back, we will get back to you.

• • Please allow one week for the approval process to be completed. Continue picketing at our College until you hear from us.
  • Any cross-picketing completed prior to receiving our approval will not be paid the top-up payment.
  • All incoming cross picketers must respect the strike policies and procedures of our Local.
  • If and when your request has been approved, you must remain at that location for the remainder of the strike.
  • All faculty picketing at Humber can interchangeably picket at Lakeshore campus, North campus, or the Flying Picket squad.