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.

1. Members must be signed members in good standing to receive strike pay. Ensure you are eligible for strike pay. Follow the 4 steps listed on our website: Preparation for Faculty – Humber Faculty Union (opseu562.org)
2. Faculty will only be paid if the strike lasts longer than 1 day. (OPSEU Strike Policy 25.2-5.5.1)
3. Strike Pay: all strike pay is tax-free income (no tax is paid on it). You will receive two payments: one from OPSEU (Head Office) and one from us (Local 562).
   OPSEU's pay structure:

• • Weeks 1 to 3: $12.50/hour for a total of $250.00 per week.
  • Weeks 4+: $17.50/hour for a total of $350 per week.
  • $55 per week for each dependent (pro-rated to per hour)

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 (OPSEU Strike Policy, 25.2-5.3.3). For clarity, dependent in this context should be understood to have the same meaning as a dependent for income tax purposes.

• The Local will match OPSEU's payment. So if you earn $250 from OPSEU, you will also earn $250 from the Local, for a total of $500/week.
• Due to our fiduciary duty to our members, the Local reserves the right to request proof of dependents for auditing purposes.
• Members who participate in strike duties will be paid by 2 sources: OPSEU Head Office and the Local. The Local’s top up pay will match OPSEU’s strike pay. As such, faculty can expect 2 separate deposits made (one from each source).

4. Strike pay is earned on a daily basis but paid on a weekly basis. Payments will be deposited on Fridays.

5. Faculty who are partial-load at two different locals during this strike will not receive double strike pay. (OPSEU Strike Policy, 25.2-5.3.12)

6. Only members who perform the assigned strike duties will be paid. Any member who is involved in strikebreaking activity 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 have to participate in the strike. Faculty on LTD who are using sick days will not be able to use sick days, but will be able to claim 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, please contact us as soon as possible at accommodations@opseu562.org. The Local will accept the faculty’s absence in good faith and will excuse the faculty from performing strike duties for the day without a reduction in local strike pay top-up, for 1 day (4 hours/day), no documentation required. This may change if faculty start abusing this policy. For absences longer than a day, please contact us: accommodations@opseu562.org.

Members who require an accommodation based on a protected ground under the Ontario Human Rights Code may apply by completing and submitting Form J (Picketing/Accommodation Information) via email to accommodations@opseu562.org. When you submit the form to for accommodated work, it would be helpful for us if you could share what limitations you have that may impact your ability to participate in in-person or online picketing e.g. unable to walk/picket in-person for extended periods of time, needing flexible strike hours. You are not required to share specific information about your circumstances, but you are required to share enough information about your circumstances that will allow us to determine appropriate accommodations. Members seeking accommodations have a duty to cooperate in finding accommodation solutions. A member of the accommodations team may reach out to you to discuss your request before assigning you a specific task or set of tasks for you to undertake. All requests are confidential.

Faculty who are currently on maternity/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 leave the Local’s portion of strike pay top-up. If possible, we ask that these faculty members participate in accommodated strike duties. Please note that OPSEU will only pay for strike pay if you participate in strike duties. If you are currently on maternity/parental leave, please contact us at accommodations@opseu562.org about possible strike duties suitable for you.

We have been notified by Humber HR that they will not offer faculty on sabbatical the option to continue sabbatical through the strike, as they have in the past. 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).

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. Please contact accommodations@opseu562.org as early as possible.

The Local does not currently have a Hardship Fund. However, OPSEU head office has a Hardship Fund. The application form and details can be found here: 2020-12_Regional-Hardship-Form_fillable_c.pdf (opseu.org)

For faculty who are currently on vacation, vacation stops if we start the picket strike. You would participate in strike duties, just like your colleagues. Any remaining days owed should be still available to faculty when the strike is over.

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