Update on Presidential Veto Power of Tenure Recommendations

We are pleased to report that tenure has now been granted to all faculty members recommended by collegial bodies for the 2013-2014 academic year.

However, the fact that the Board of Governors has not formally reconsidered its original motion and that it is still fighting the case for a presidential veto is a cause for great concern for the Association. In our view, a Presidential veto on collegial tenure recommendations makes a mockery of both collegial governance and academic freedom.

The Association received a disappointing response from the Board to our demand that it reconsider its motion to grant the President veto power over collegial recommendations for tenure. The Board offered the Association an opportunity to present its concerns to its members at a meeting in October. This is not the response we expected and we will not wait until October to address this issue.

In addition, the University has appealed the decision by Arbitrator Sims on the denial of tenure for one of our members by such a “Presidential Veto” in 2009. This appeal further signals an intent to maintain and vigorously defend the disputed veto powers of the President.

We will continue to keep up the pressure on the Board and will take this issue to collective bargaining to defend collegial decision making as the foundation for the award of tenure.

Teaching Assignments in Spring and Summer Terms are voluntary not mandatory

Faculty are reminded about the following provisions of article 11.2.2 (a) with respect to teaching assignments in the Spring and Summer Terms:

“No employee shall be required to teach Spring and Summer Session. Teaching these classes is rewarded with extra compensation in accordance with Article 18, unless the employee and the employee’s Department Head or Dean, in accordance with the procedures specified in article 11.1, mutually agree to reduce the employee’s teaching load at other times during the year on a pro rata basis in lieu of extra compensation.”

This means that teaching cannot be assigned in these terms without the faculty member’s consent. A consenting faculty member is to be paid an overload stipend unless the faculty member’s teaching load at other times during the year is reduced.

Actions not words

We are pleased that the announcement from the Board of Governors about the change in leadership stated “in the strongest possible terms, that the University of Saskatchewan is committed to the principles of academic freedom and freedom of expression. It would also like to stress that it believes that tenure is a sacrosanct principle within this university.”

The USFA eagerly awaits word from the Board about their ill-considered delegation of authority to the President to veto tenure and promotion decisions. As hundreds of you have indicated, we have a very rigorous peer evaluation process which is much superior to the arbitrary judgment of a single individual.

Silence of the Board

The fact that the Board of Governors remains silent on their decision to delegate veto power over tenure and promotion decisions to the President is a sign of failed leadership.

Two of our members have received a positive recommendation for tenure by the appropriate collegial bodies on campus and are awaiting a tenure decision by the Board. The Board has unlawfully delegated veto power to the President, who, until yesterday insisted on meeting with the affected individuals to “discuss” their case. Yesterday, after our press release expressed grave concern on this fundamentally important academic issue, we were informed that the meetings with the two faculty members and the President to determine their academic/professional fate were cancelled. This has left our two colleagues in a suspended state of indefinite academic purgatory as neither member has yet to see a letter granting them tenure.

On an individual level such treatment is insensitive and inhumane. On the academic front it violates the very principles of natural justice, tramples on collegial self-governance, and it flies in the face of our Collective Agreement. It is simply shameful. Two individuals who have been recommended for tenure by appropriate collegial committees on campus may lose their job at the end of next month unless something meaningful is done immediately. Such actions by the President and Board undermine and threaten the very foundation of tenure and the principles of academic freedom. The faculty on this campus and around the world should be outraged. Have we entered an era where there is complete disregard for our collegial processes and collective agreement?

If the recent ruling of an arbitrator and Court of Queen’s Bench are wrong and the Board believes they are in compliance with the University of Saskatchewan Act, then the Act needs to be changed. Without such a change, there will be no hope that the University of Saskatchewan can repair the damage done to its internal collegial processes and national and international reputation.

Make no mistake, Academic Freedom and Tenure are Under Attack at the University of Saskatchewan

Notwithstanding the very public and powerful words last week from President Ilene Busch-Vishniac about the importance of tenure and academic freedom after reversing the decision to strip Professor Robert Buckingham of his tenure, there are clear indications that the tenure process at the University of Saskatchewan is under full attack.

Despite assurances by the President that academic freedom and tenure are sacrosanct…and held in as high a value here as any other university in the world,

the University of Saskatchewan Faculty Association (USFA) has learned that the President has been singularly delegated by the Board of Governors the responsibility for reviewing and making final decisions on Tenure and promotion and she plans to exercise such powers immediately.

Earlier this week, the President stated:

whenever we make a decision, there are lots of people involved in making a personnel decision, this was not a decision made by one person.

The Board’s decision to delegate veto power to the President on tenure decisions is a direct attack on the extensive collegial decision-making processes for granting tenure. Currently two female faculty members who were successfully recommended for tenure have been singled out and summoned to a “meeting” with the President.

The involvement of the President in the tenure process is contrary to long-standing practice and in conflict with the Collective Agreement between the USFA and the Board of Governors. The Executive Committee of the USFA sees this delegation as administrative interference in collegial decision-making processes at the University of Saskatchewan and believes the atmosphere of fear that such a situation creates will have a chilling effect and quash any dissenting opinion on campus, rendering the principle of academic freedom meaningless.

 This is truly outrageous,

said Doug Chivers, UFSA chair.

We see this as a threat that the President will interfere unilaterally with the long established processes of traditional collegial governance in the award of tenure decisions. Placing a ‘veto’ in the hands of one senior administrative officer, where there are no rules, procedures or standards in place flies in the face of academic freedom and undermines the very foundation of tenure. It is an insult to nearly 40 years of collective bargaining and it has been confirmed by the Court of Queen’s Bench to be unlawful.

 

The USFA is demanding that the Board of Governors not remain silent and take any and all measures necessary to protect the rights to academic freedom and safeguard the sacrosanct nature of tenure at our university. One of the initial steps in the right direction must be to reverse this ill-considered delegation of authority to the President and immediately reinstate its traditional deference to the recommendations of well-established and lawful collegial university committees.

Academic Freedom includes the right to criticize the University

Many of you will already know that the employment of Dr. Robert Buckingham, Executive Director of the School of Public Health, was terminated this morning. His termination letter, which can be found on the CBC News Saskatoon website, states that he irreparably damaged his relationship with the U of S and breached his employment contract, in part, by broadly distributing a document entitled “The Silence of the Deans” that openly criticizes Senior Administrators and TransformUS.

While Dr. Buckingham is not, and never has been, in-scope of the USFA, the USFA Executive Committee views the steps taken by Senior Administration as contrary to the CAUT Policy on Academic Freedom for Academic Administrators and an attack on the principle of academic freedom.

University of Saskatchewan faculty who are in-scope of the USFA, through Article 6 of our Collective Agreement, have a right to Academic Freedom. This article states that all USFA members, “whether tenured or not and regardless of prescribed doctrine, are entitled to the exercise of their rights as citizens and to freedom in carrying out research and in publishing its results, freedom of discussion, freedom to teach the subject assigned in classes, freedom to criticize the University and the Association without suffering censorship or discipline.” [emphasis added]

The USFA Executive is committed to upholding the rights of members to exercise their academic freedom, including their right to participate fully in collegial decision-making and to criticize the University.

The New Normal

Professor Claire Card, Department of Large Animal Clinical Sceinces
University of Saskatchewan

The University received an increase of 2% to their operating grant from the Provincial Government, which is below a cost of living increase. Ilene Busch -Vishniac stated “I am very appreciative of the province’s investment in the University of Saskatchewan, and much of the funding is close to my expectations,” and that it was “a clear message that they (the provincial government) recognize the value of post-secondary education to the economic vitality of Saskatchewan.”1,2 A reasonable person might conclude the opposite; that a below the cost of living increase from the Province was not an endorsement. Busch -Vishniac said the grant increase is welcome news but “Our attentions will still be focused on streamlining and seeking efficiencies in what we do and strengthening our focus on the areas we have identified as most important.” and ”our work towards building a financially sustainable university remains.” The provincial grant agreement was made through negotiations between the administration and the provincial government behind closed doors. Sadly there is no public disclosure on any communication between the administration and the Province regarding the current grant, or whether as suggested, the 2% increase is the “New Normal” and part of a multi-year agreement. The phrase “New Normal” by the way, was the term my colleague applied to her terminal cancer….

Perhaps I am deaf, but I have heard no public outcry to decrease the number of programs, staff or faculty at the University of Saskatchewan, nor have I heard the public indicate we need to perform more research for what is referred to as the “Big Three.” The “Big Three” being: Minerals (and not just any minerals specifically Uranium and Potash), Oil and Gas (especially tar sands), and Agriculture (particularly GMO). The administration has already orchestrated staff cuts, early retirements of faculty, and the TransformUS process to eliminate programs and facilitated through withdrawals of budgetary support and resource redirections. Further cuts are necessary for the 44.5 million “projected structural deficit,”3 and senior administrators conclude that firing of professors must be included. The use of the TransformUS data as an ‘input” for academic decisions results in the profitability of the program for the University, having primacy over the merit of the programs or their professors.

Recall that the decision to make cuts was announced by Busch – Vishniak before the TransformUS Dickeson process was approved by the University Council, and before the results were reviewed or announced.

So how does a University Shrink into Greatness? Or become research intensive on a reduced budget? A starting point is to create three of six “Signature Areas”4 (http://www.usask.ca/vpresearch/workshop/SignatureAreasOnePager.pdf ) attractive to corporate interests. Follow this by aligning the University’s funds to support the “Signature Areas.” Prune the academic tree of non-profitable programs and their associated profs, no matter how excellent they are. Shift to increase research intensiveness through resource redirections and use institutional agreements on Targeted Initiatives that are highly favourable to and funded by corporations. Accept targeted provincial and industry monies directed at those corporate interests including:

  1. The Fedoruk Centre for Nuclear Innovation: 30 million from the Provincial government over 7 years (2011 – 2018) Type C Centre (subsidiary of the University)
  2. The Global Institute for Food Security (GIFS): 35 million Potash Corp, 15 million from the Province (both over 7 years 2012 – 2019), Viterra 2 million Type B Centre (under University Control)
  3. International Minerals Innovation Institute (IMII): 1.67 million (Province, UoS, IMII), plus Innovation Saskatchewan (provincial)1.2 million over 3 years. Agrium/BHP/Cameco/Mosaic/Potash Corp)(Not for Profit) http://www.imii.ca/about-us/history/

This “not for profit” IMII has industry buying membership to its board of directors. Have a look at the website of the IMII, it is instructive to read that …..

Industry-driven collaboration is how IMII gets things done…Saskatchewan has some education and training programs and research and development projects addressing the mining and minerals sector, but until IMII was created, it did not have an organization that delivered a coordinated focused set of solutions to the industry’s needs.

The last sentence is true enough, I thought professors were more concerned with educating students and serving the needs of society than the goal of a “focused set of solutions to the industry’s needs.” My intention here is not to show disrespect to my colleagues involved in applied research in any of these areas, but simply to contrast that statement to our mission… excellence in the scholarly activities of teaching, discovering, preserving and applying knowledge. Provincial and corporate funding is being provided to the UoS with the proscribed intent to develop research intensiveness dedicated to finding focused solutions for industry. The provincial money has been reallocated away from the operating budget. I thought universities were about an academic process involving research and scholarly work conceived under the tenets of academic freedom for the needs of society. This Transformative shift in focus will be sorry consolation for the fired faculty.

Lets look at a Financial Summary on these Targeted Special Initiatives:

Summing those numbers reveals the totals are: Provincial Government 46.2 million for Targeted Initiatives from 2011 – 2019, plus another 6 mill per annum for the CLS, and Industry money: 37 million plus from 2011 – 2019.

Examine the boards of the Targeted Special Initiatives called “Innovation Centres, or Institutes” and you will find them populated by members from these same corporations. The Centres and Institutes “research funds” also largely circulate among the Targeted Special Initiative group members, decreasing their impact in the larger campus community.

Pragmatically speaking is it verboten for academics to work with corporations? No, it happens all the time. Actually sometimes it is a win win situation, or sometimes it’s called “contract research.” Overhead is paid to Admin (40%), professors are paid a big honorarium, research is performed and students may be supported. However currently tax -payer monies are being diverted by the provincial government into the “not for profit” university, into what amounts to a huge corporate subsidy for their R&D, which frankly those corporations could afford to do themselves by employing our highly qualified graduates.

Canada has a huge innovation gap and is ranked 13/16 of industrialized countries.5 Noteworthy from 1981-2000, Canadian companies’ expenditures on R&D grew by about 10% annually. After 2001, expenditures were flat and declined by one-fifth when expressed as a percentage of GDP. Why is there a failure in innovation? Businesses and corporations have gotten out of the R&D business.6 To fill the void corporations have shifted that R&D need onto underfunded universities. Those universities use, and I mean use, poverty wage graduate students to focus on “solutions for industry’s needs” rather than focus on education and the basic sciences, which is where innovation really comes from. If the provincial government and the Admin continue to go down the “New Normal” road it is a wrong policy prescription. Perform the contract research when appropriate and use the money to really innovate, or for every corporate dollar received have the corporations put a dollar into an unrestricted research and artistic fund for real innovation. Frankly the corporations should be encouraged to do their own research and employ our graduates, there is plenty of space available at Innovation Place.

  1. “Looking ahead to 2014-15: Detailed operating budget in the works for next year,” by Colleen MacPherson, On Campus News, March 28, 2014
  2. http://words.usask.ca/news/2013/03/20/university-of-saskatchewan-reacts-to-provincial-budget-2/
  3. Provost’s Report. February 2014 Minutes University of Council
  4. 1. Aboriginal Peoples: Engagement and Scholarship; 2. Agriculture: Food and Bioproducts for a Sustainable Future; 3. Energy and Mineral Resources:Technology and Public Policy for a Sustainable Environment; 4. One health: solutions at the animal-human environment interface; Synchrontron Sciences: Innovation in Health, Environment, and Advanced Technologies; 6. 5. Water Security: Stewardship of the World’s Freshwater Resources.
  5. Conference Board of Canada http://www.conferenceboard.ca/hcp/details/innovation.aspx
  6. Conference Board of Canada http://www.conferenceboard.ca/hcp/details/innovation.aspx, Globe and Mail. Konrad Yakabushi July 2009

About VOX

VOXis a forum for the expression of opinions of members of the USFA on topics of general interest to the membership. Submissions to be considered for publication should be sent to the USFA office to the attention of the VOX Editorial Board or they may be sent by email to usfa@usaskfaculty.ca, or to any member of the Editorial Board.

VOX is sponsored by the University of Saskatchewan Faculty Association and is published by an independent Editorial Board, whose members are:

George Khachatourians
Brian Pratt
Howard Woodhouse

VOX may appear up to eight times a year, depending on the volume of submissions. All articles remain the property of the authors, and permission to reprint them should be obtained directly from them. All opinions expressed in VOX are those of the authors, and do not necessarily represent the position of the USFA or the Editorial Board.

 

Manufacturing Collegial Consent?

Len Findlay, Professor of English and University Professor, U of S

At the January meeting of University Council the President of the USSU Council, Max Fineday, read the text of a motion unanimously passed by the USSU Executive expressing non-confidence in TransformUS. This news was greeted by prolonged applause from students and faculty in attendance, and by silence from almost all the senior administrators present. The administrators seemed mostly caught between surprise and fear, amazed that the students would have the guts and gumption to do what they had just done, and fearful about how to react to such dissent with the University President and Provost in the room.

The Chair of Council hurried a dramatically divided room, the cleft collegium no less, beyond this shock and on to other business. In the days that followed there was nary a sign in any administratively controlled location of what the USSU Council had done. Instead, this ‘bad’ news for THE INSTITUTIONAL BRAND was buried under a flurry of good news for students in the form of more money for scholarships and recognition of the outstanding achievements of some of their peers.

But at the February meeting of University Council at least the draft Minutes for January included the full text of the USSU Council motion and the fact that it had elicited “applause.”

Later in the February meeting we arrived at consideration of the Findlay/Brooke motion of non-confidence in the TransformUS process. This motion had been submitted for consideration to the Coordinating Committee of Council along with a rationale from the mover and seconder. However, only the motion itself was circulated with the materials for Council. As the mover of the motion, I was promised “two to three minutes” to introduce it. However, Professor James Brooke would have no such guaranteed spot, but would have to take an opportunity to speak from the floor.

Already feeling somewhat squeezed by Council process and rulings from various quarters, I indicated to the University Secretary that I would speak from the main podium and use a few Powerpoint slides which I would bring along to be loaded into the Neatby-Timlin system just before the meeting began. I did not ask for permission to use the podium lest that request be refused. Nor did I wish to submit my slides early to the University Secretary lest they give the senior administration the chance for a preview and prep they did not deserve.

As the meeting of Council began, the room was packed, the atmosphere electric. As usual, the Chair made his remarks about the rules of engagement, and we then heard from the President about several matters, including the targeted and deferred ‘good news’ from the recent federal budget. The Provost then made a lengthy presentation from notes, taking up far more time than was accorded me or anyone else, and sounding as soporific as muzak in the Cave of Morpheus. The electricity was definitely in decline, perhaps intentionally.

After reports from Jordan Sherbino, USSU VP and the GSA representative, and a principled and insightful report from the Chair of the Planning and Priorities Committee, it was my turn. I gave it my best shot, in under five minutes. Not much of an over-run I thought, since I have given the University almost forty years of service. My temporal excess was duly remarked upon by the Chair, and debate began. In the meantime, some electricity had returned to the room.

However, it did not take long for my motion to be divided and dissed, in a bout of protracted dithering that shifted attention from substance to process (a distinction apparently dear to the Provost). One could have covered with a handkerchief the dividers and dissers, but that was probably an accident of seating arrangements, don’t you think? At the same time complaints were heard from this quarter about a lack of rationale for my motion, a rationale which I had in fact provided but others (including some of the dissers) had decided was not worth circulating! I rose briefly to explain that the second part of my motion followed the Council guidelines in offering a positive alternative after a negative sentiment of non-confidence. I had added what some deemed “moot,” for another reason too, namely to counter the alarmist rhetoric about the sky falling and the tanks rolling in if TransformUS were to be rejected.

Not only do I not I have an aversion or incapacity when it comes to rationales, but I had already co-authored a detailed 5-page rationale to the Board of Governors with Claire Card and Howard Woodhouse in preparation for our meeting with the Board on March 18. I also produced a one-page rationale (what the University Secretary described as a “written justification”) for the Coordinating Committee which they chose not to circulate, thus leaving my motion in isolation, like an irascible orphan or hare-brained hunch with nothing behind it.

While I was being accused of not doing what I had been prevented from doing, I somehow recalled a warning I had received from one of the dividers and dissers earlier in 2013. In moving from the mere attendees’ section to the Council members’ section, he had assured me, I was moving into “the big chairs” where, apparently, great minds meet. Well, metaphorically “big chairs” may accommodate big asses, but not necessarily big brains. The argument from furniture is especially flimsy, for two reasons. First, the chairs in Neatby-Timlin auditorium are democratically uniform. There may be a front row, but there is no throne in evidence, despite the prevalence of courtiers. Second, the notion that being in the members’ section will bring home to carpers-from-the-bleachers the gravitas of governance and the brilliance of the visionary company you have joined, is hard to take seriously.

As is now customary on such occasions, after dissident faculty have spoken, the deans and vice-deans rose like a chorus line to spout the official position. Peter Stoicheff at least sounded like a dean ought to: principled, informed, attentive to the ebb and flow of the debate, engaged with the category of the public interest, and clearly concerned that we find ways of working together. His voting against my motion I could understand and respect. In contrast, most of our other academic leaders offered a counsel of capitulation and despair. Things are allegedly much worse in the United States, and Australia, and at the University of Calgary. We should therefore look down for our standards and rejoice in our right to input to TransformUS and PCIP, or else get ready for really tough love from above and outside. Oh dear.

The vote was taken, apparently whipped and unwhipped in predictable ways, and the Findlay/Brooke motion lost by a significant margin.

The one thing I wanted to salvage from an arguably historic occasion was a record that captured my critique verbatim. I accordingly asked the University Secretary to have my slides and concluding comments attached to the Minutes of the meeting. I was turned down. I had been told earlier that a motion from Members of Council rather than from Council Committees was virtually “unprecedented.” That tells us something about the attitude in some places to the voices of individual faculty. It also betrays a significant ignorance about the history of collegial governance in the University, at least since I arrived here in 1974. In fact, I had my dissenting text attached verbatim by the University Secretary to the Minutes of Council after my integrity was impugned in relation to a presidential search in the 1990s.

One final point is worthconsidering. After the University Secretary conferred with the Chair of Council, she informed me that she would use my slides and concluding remarks as the basis of her summary of my key points. However, she described the texts (reproduced below) as “comments.” If she had called them a “rationale,” or a “rationale plus concluding remarks,” she would have been closer to a troubling truth about what gets recorded and what not.

I would welcome the opportunity to debate with the University Secretary and the Chair of Council the distinction between a rationale and comments, and the way in which my rationale was reduced to the category of “comments” arbitrarily in-house, because of its inconvenient if not insubordinate character, and that my second effort to provide a rationale for my motion had now been reduced to something that does not merit verbatim reproduction. As it happens, I have a deep scholarly interest in the history of reason, rationality, and what constitutes a rationale, and also in the power of rhetorical taxonomy (see Quintilian below) to diminish or dismiss particular forms of dissent.

And so, here, thanks to VOX, I share with you the text of my slides and my final remarks just before the vote. As you read them, if you read them, you will have to supply your own electricity, and that electrification may then bring you to the next meeting of Council, to the accountability event with the Board of Governors, and/or to the General Academic Assembly in April.

My personal obligation:

I was elected to Council on a robustly anti-Dickeson platform after studying his book carefully and consulting colleagues across Canada.

I owe it to those who voted for me to follow through on that platform, even though I have no staff to rely on in this endeavour but ‘only’ the support of equally over-extended colleagues and students, and incensed emeriti.

My personal motivation:

My home department, English, and the Humanities Research Unit which I direct, did well in the TransformUS process—despite our knowing far more about Quintilian than about quintiles.

Ergo, this motion is not sour grapes; nor is it self-interest, given my privileged position here.

The motion is, rather, an appeal for collegial action that promotes excellence as diversity and enlightenment, not institutional alignment and financial expediency: this appeal is made for the sake of the University on which our students and the general public are entitled to depend.

Everybody makes mistakes:

I’ve certainly made my fair share of academic ones.

Whenever I have confessed mine or had them pointed out to me, the audience has always been attentive, very attentive, and rightly so.

But smart people and organizations learn from their mistakes.

Can Council learn from its mistakes?

Two of Council’s mistakes:

Council consented “in principle” to an unspecified prioritization process that rapidly became the Dickeson one based on anti-faculty animus from a self-promoting lightweight who plies his trade within the consultancy paradox in “the managed university.“ This paradox derives from the fact that the more you grow academic management, the more those managers depend on external consultants while making the lives of those they manage frustrating or downright miserable.

Council showed too little curiosity about the origins and extent of the budgetary mess, a curiosity recently dismissed as “the blame game” by one of those who urge “accountability” on others but not themselves, following the lead of other bloated proponents of “Lean.”

Council’s opportunity:

To see TransformUS for what it was: a “deeply flawed” exercise pursued by hard-working and insightful faculty to the best of their ability.

To see TransformUS as a major waste of time (and resources) for the taskforces, their support staffs, hard-pressed respondents, and the University.

To see that useful things emerging from TransformUS can be saved for due academic process, lest they remain tainted and hence resisted as products of a process no other member of the U-15 would adopt, so little does it have to do with excellence.

Council’s obligations:

To reclaim its reputation for independence and objectivity.

To reflect on the divided response to the USSU President at the last meeting of this body: silent, stony-faced administrators, and applauding faculty and students.

To resist an unrelenting onslaught of Integrated Planning (11 years and counting) which adds lustre of a sort to the vitae of administrators while demanding compliance from faculty: one Dairy Queen topping after another, increasing the burdens of surveillance and reporting that impede serious, independent, intellectual work—the primary and enduring priority of any university worthy of the name.

Conclusion:

We cannot ‘audit the future,’ but we can shape it on the basis of academic excellence and the public interest rather than contrived exigency, selective transparency, and cover for the culprits.

In order to begin that shaping, a motion of non-confidence in TransformUS is necessary, lest faculty and student morale sink even lower while the axe honed by PCIP falls needlessly or opportunistically in a sad parody of the cutting edge.

Concluding remarks after debate of the Findlay/Brooke motion:

If eleven years of integrated planning have succeeded in any way, then enhanced program integration resulting from this process threatens to be undone by the Dickesonian insistence on isolating programs from each other in order to enhance their vulnerability to an arbitrary metric. In this scenario, Program Prioritization is radically at variance with Integrated Planning.

If, however, 11 years of Integrated Planning have succeeded only in uniting planners themselves in a common delusion that what they do does make a positive difference, then the meaning of IP has been enforced compliance, not beneficial outcomes, power not product, and we have no reason to believe that the shift to Program Prioritization will be any different. In this scenario, the bureaucratic euphoria emanating from the senior administration is radically at variance with the recent and current experience of faculty, students and support staff.

No matter which of these two scenarios you favour, the claim that the University will emerge “leaner but stronger” from TransformUS is an insult to our intelligence and a denial of our history and current capacity. Do not be afraid. Please support this motion.

 

 

 

Association Wins Important Arbitration Award

We are very pleased to report that our legal challenges concerning the University President’s alleged powers under The University Act to overturn a decision of the Renewal and Tenure Appeal Committee has resulted in an important victory for the Association. Previously we had reported to Association members that President MacKinnon had refused to forward to the Board of Governors a positive recommendation for tenure by the Renewal and Tenure Appeal Committee, claiming that pursuant to The University Act, he had the power to veto a positive recommendation for tenure. The first arbitration award decision was challenged in court and this resulted in the original recommendation for tenure from the Renewal and Tenure Appeal Committee being considered by the Board of Governors. The Board determined that tenure could not be awarded because the President did not recommend tenure.

A second grievance was filed because the role of the President according to our Collective Agreement is to transmit decisions not make recommendations. The second grievance concerning the jurisdiction of the Board of Governors to award tenure resulted in an arbitration hearing before esteemed Arbitrator Andrew Sims in the fall of 2012. In a recent award dated March 24, 2014 Arbitrator Sims upheld the Association grievance that proper procedures were not followed in the way the matter was dealt with by the Board. Quoting from page 52 of that decision:

“I find that the Association has established that proper procedures were not followed in the way the matter was dealt with by the Board of Governors.  The collective agreement calls for the committee recommendation to be transmitted to the Board of Governors for it to consider in its own right.  The document was transmitted, but only with significant other materials that, I find distorted the process in a way that ensured proper procedures were not followed.  This is because the Board was advised that, and obviously accepted that, it had no authority to grant tenure.  It endorsed the President’s view on this point.  As a result, it failed to ask itself the correct question which is whether acting in its own right and in accordance with the collective agreement’s processes, it approved the awarding of tenure. 

 It is significant that Arbitrator Sims rejected the University’s argument that pursuant to The University Act, the President has a separate and distinct right to nominate a candidate for tenure and therefore has the power to “veto” collegial committee decisions and recommendations that go forward to the Board. It is likewise significant that Arbitrator Sims reaffirmed the significance of academic freedom in his award.

 We will have to wait and see whether the University will once again call for judicial review of this arbitration award.