Category: USFA e-Letter

In a recent arbitration hearing, Arbitrator Anne Wallace Q.C. considered the issue of audio recording of College Review Committee (CRC) meetings and deliberations.  The Association filed a grievance when it appeared that one College’s CRC deliberations were being recorded without the knowledge or consent of some of its committee members and without the matter having been specifically addressed by the CRC’s own operating procedures.

The Arbitrator rejected the Association’s allegations that the recordings were surreptitious as the evidence did not establish that the recordings were “clandestine” or done in secret.  Nor does the recording of a collegial meeting violate privacy rights when the recording is done for the purpose of accurately stating, for the official record, the rationale for the decision.

However, the grievance was successful in part as on the evidence, the Arbitrator did conclude that the collective agreement was breached, as the meetings were recorded without the CRC having decided as part of their operating procedures to record the meetings.

The arbitration decision makes it very clear that the audio recording of CRC meetings and deliberations with respect to renewal of probation, tenure, promotion and salary review are permissible provided the College Review Committee determines, as part of their written operating procedures, that recording of the meetings are permissible.

The arbitrator affirmed the USFA’s position that collegial committees as established by the Collective Agreement shall determine their own operating procedures provided they are consistent with the collective agreement. Accordingly, the collegial committees shall have the right to determine whether or not their committee proceedings will be recorded and under what circumstances. The Chair of the committee does not unilaterally determine whether the proceedings will be recorded.

 

The USFA Executive is concerned about the current state of labour relations on campus. We are working hard to improve these relations and we call upon USFA members to help with this effort.

The USFA shares a common interest with the other unions on campus in negotiating fair compensation, job security, and safe working conditions for workers on campus. We are facing our own challenges at the grievance table and in collective bargaining. We are one of three unions, in total representing about a third of approximately 5000 employees, whose members have been without a contract for between 13 and 37 months.

We have all heard about the possibility of job action by CUPE 1975, which represents service and support staff. It is truly unfortunate that the majority of CUPE members believe that the only way that a fair settlement can be achieved is through job action.

CUPE 1975 has had considerable setbacks regarding its major issue, its pension plan. The Employer filed a grievance stating that it believes it had the right to make unilateral changes to the Non Academic Pension Plan. Despite the past practice of the Employer and the union negotiating changes to the pension plan, the arbitrator decided against the union. According to CUPE 1975, during the arbitration process, the Employer’s messaging was that they would work with the union to find a satisfactory resolution, whatever the outcome. This changed after the decision.

There are good reasons to support CUPE 1975 – their employer is our employer, and positions at one bargaining table are often echoed at other tables. Fortunately, there are many ways you can assist CUPE at this time.

First, talk to your CUPE 1975 colleagues. Let them know they are a valued part of our University.

Talk to your Dean. Express your appreciation for the valuable work done by CUPE employees, and your concern that job action will be debilitating for faculty members, for students, and for all other employees on campus. Let them know that you believe that it is right for the representatives of a bargaining group to have a say about their pension plan.

Talk to your students. Tell them about the importance of CUPE members’ work to our ability to execute our research, teaching, and service work; and the ability of students to learn in a clean and comfortable environment.

Pay attention to what CUPE is saying. The leadership of CUPE 1975 has not yet given specific directions about what they want to see from others in case of job action. Watch their website. We will also keep you informed.

You have a right to refuse to cross a picket line. During the last CUPE strike, the Employer threatened to take away benefits from USFA employees who honoured the picket lines even though the Collective Agreement clearly says that those employees are subject only to loss of pay.

The question of whether loss of pay also includes benefits is a complex matter and will be the subject of subsequent newsletters. There are many unknowns as CUPE goes down this path, and we will be providing you with advice in future newsletters.

Faculty are reminded that each December 31 is a deadline for the spending of at least some dollar amounts in your Health and/or Personal Spending Accounts under the Flexible Spending Plan. Amounts allocated are only permitted a two year rollover and dollar amounts left unspent after the two year period are returned to the Employer.  

Now is the time for faculty to check through PAWS or Sun Life, the credit amount allocations and their expiry dates to ensure that you are maximizing the benefits provided by each spending account through this Plan.  

If you purchased eye glasses or had prescription medicine costs or paramedical services costs that exceeded the regular Health Plan benefit reimbursement amounts, you may make a claim for reimbursement through your Health Spending Account.  Faculty may claim eligible health spending costs for dependents as well as their own personal costs.  

Just some of the eligible expenses payable through the Personal (Wellness) Spending Account (for expenses of the faculty member only) include fitness class registrations, court fees, green fees, personal trainer fees,  child care, elder-care and fitness equipment purchases.  Please refer to the detailed list of eligible expenses of each plan on the HR website. 

ALLOCATION OF 2019 FLEXIBLE SPENDING CREDITS DEADLINE ALLOCATION IS DECEMBER 31, 2018

At the same time, members are reminded of the deadline of December 31 to allocate the $500.00 allocated to the flexible spending program, after which all allocations are irrevocable for the Period January 1, 2019 to December 31, 2019.   If no allocation is made by December 31, the amount will be allocated as designated in the previous year. 

 

Faculty are advised to check the upcoming changes effective January 2019 in coverage limits for amounts reimbursed for individual visits to the various paramedical practitioners covered by the Sun Life Extend Health Benefits.

While the overall yearly maximum coverage amount remains in effect at $500 per year, changes are occurring in the maximum per visit R & C (reasonable and customary) amounts reimbursed for paramedical services effective January 2019.

Check the new R & C Paramedical effective January 2019:

https://wellness.usask.ca/benefits/plan/parmedical-limits.php

For some paramedical claims, there may be an impact on the amount reimbursed per visit if the provider charges more than Sun Life’s standard R & C limit. If these changes affect you, remaining balances may be submitted to your Health Spending Account (HSA). As the deadline of December 31 for allocating amounts in your Flexible Spending Account between the Health Spending Account or Personal Spending Account is fast approaching, now is the time to determine if more should be allocated to your Health Spending Account. Strict CRA rules mean any changes must be made by December 31.

Allocate your funds in PAWS:

• login to paws.usask.ca
• select My Employment
• select Flexible Spending Program

Important Reminders:

ConnectionPoint is closed December 22 through January 1 – ensure you have access to your allocation screen in PAWS well before this date in case there is trouble with your account.

Last year’s (2017) funds must be used before Dec. 31, 2018 or they expire

• Expenses incurred in 2018 cannot be reimbursed with 2019 funds
• Flexible Spending Program FAQs are in Knowledge Base
• Sun Life will not process claims (FSP, Health and Dental) received after March 31, 2019, for claims incurred in 2018
• Paramedical reasonable and customary (R&C) limits are changing January 1, 2019. Review limits and allocate funds to your health spending account if needed.

For more information, please contact connectionpoint@usask.ca; 306-966-2000.

UFCW Local 1400 members have been on strike with the Saskatoon Coop since November 1, 2018.

Saskatoon and District Labour Council will be walking the picket line with UFCW 1400 members at the Saskatoon Coop Attridge Drive location on Wednesday, November 28, 2018 from 5 pm to 7 pm, and invites affiliated unions, their locals, and others to join them.

The USFA is hopeful that the parties will soon reach a settlement. In the meantime, take some time between 5:00 and 7:00 on the 28^th to walk with striking UFCW members and other workers from Saskatoon and district. (Dress appropriately.)

 

If you are required to maintain a certification or license in order to perform your academic duties, you may be eligible for reimbursement of some or all of your licensing or certification fees (Article 22.12.2).

Claims need to be in by December 1.

What you need to know:

• It is your responsibility to make sure your claim is correctly submitted and on time. Incomplete and late claims may not be reimbursed.
• Claim forms and Guidelines for reimbursement are available online. (Please use this year’s claim form.)
• Eligible fees are those paid between December 1, 2017 and November 30, 2018, to maintain certifications or licenses required, as a condition of employment, to perform your academic duties.
• You must include proof of payment. A receipt is best.
• You must include supporting documentation (letter of appointment or standards for renewal, tenure or promotion) with your first claim.
• Claims may be submitted electronically only to USFA_professional_fees@usask.ca or in hard copy to the USFA Office, Room 20 Education Building.
• After all claims are received, available funds are allocated as a proportion of the total amount claimed.
• Allocations will be made either directly to you or to your APEF account.
• USFA members who are practicing physicians in the College of Medicine are not eligible.

Questions? Simply email usfa@usaskfaculty.ca and someone will contact you.

Recently, research employees and out-of-scope employees in the College of Arts and Science received an email regarding contingency planning “in the event of an emergency or if relief work is needed during a CUPE 1975 strike.” The message requested recipients to complete a “confidential” skills inventory form itemizing their credentials or experience in the trades, information technology, retail, culinary, HVAC and mechanical systems.

When the USFA inquired about the email at JCMA, the Employer advised that the college messaging was inaccurate, indicating that central administration is updating its emergency planning database. We are skeptical of this explanation and believe the Employer is clearly preparing for a CUPE strike, as explicitly stated in the email.

Certain individuals who received the email are employees of the university and could, in the event of a strike, be temporarily redeployed or assigned other duties on campus. Any questions about the responsibilities researchers have to granting agencies where funds support research employees who received the skills inventory email should be directed to the granting agency. We will continue to seek information about how USFA members will be impacted by any redeployment of university employees, particularly research employees who are crucial to the work of many USFA members.

In the event of a strike by another bargaining unit on campus, the USFA encourages members not to take on the work of that bargaining unit.

The USFA encourages the U of S Administration and CUPE 1975 to continue to work towards a negotiated settlement.

Labour relations are in a poor state at Canadian Universities and we are not immune here at the UofS.

In July, some 3,000 contract faculty and graduate teaching and research assistants at York University were legislated back to work after 143 days on the picket line (the longest strike in the post-secondary sector in Canadian history).

Just last week, academic members of the University of Regina Faculty Association voted 87% in favour of a strike mandate, the faculty union at St. Mary’s University voted 80% in favour of a strike, and Mount St. Vincent University Faculty Union members voted 90% in favour of a strike. Added to that, the Faculty Association at Western University had a strike date set for November 9 if a settlement was not reached with administration there. (A tentative agreement was reached late on November 8.)

At our University, a new three-year agreement for Resident Doctors of Saskatchewan was reached in September 2018 to replace one that expired on December 31, 2015. To aid in reaching a first Collective Agreement, UGPW (Union of Graduate and Postdoctoral Workers at the UofS), a local of PSAC (Public Service Alliance of Canada), has gone through conciliation and remaining issues have been referred to interest arbitration. CUPE 1975 members voted in favour of strike action if an agreed-upon settlement cannot be reached in their negotiations with university administration and USFA negotiations continue at a sluggish pace after a year and a half without a contract.

The USFA’s contract expired June 30, 2017. Since we started bargaining, we have had 32 meetings with the Employer. We are cautiously optimistic that we will reach a negotiated settlement, but the push to maximize management rights remains one significant sticking point.