Sessionals get job security after strike mandate

New concessions brought to the table by the U of M have left CUPE satisfied with proposed sessional contract

Chelsea Moore staff

Exams will likely take place as scheduled this semester, because a sessional strike has been averted. After a long, drawn-out negotiation process that reached a conclusion in the first week of March, 2006, the Canadian Union of Public Employees (CUPE) local 3909 and the University of Manitoba may have settled on a new contract for sessional instructors, librarians and counsellors.

“We as a bargaining team voted to recommend to accept the university’s offer,” said Ana Vialard, a sessional instructor at the U of M and union representative.

However, the contract has yet to be ratified by CUPE members in a vote that will take place at the beginning of April.

John Danakas, the U of M’s Director of Public Affairs, said that “[t]he university remains hopeful that this negotiation will reach a positive outcome.”

The new contract will include an “early right of first refusal” clause for those who taught a course five times between September 2000 and September 2005.

According to Vialard, right of first refusal means job security because it guarantees that a sessional instructor will be able to teach that course if he or she chooses.

The right of first refusal will also be granted to those who have successfully taught a course over five terms since September 2005, if the contract is implemented. Since spring and summer intersession courses may also count towards attaining this right, it is possible that a sessional instructor could achieve right of first refusal by January 2007.

“The willingness for the university to now recognize sessional labour and the importance of it, by establishing job security language is a huge step for us,” said Michael Kirkpatrick, CUPE’s office coordinator, “so we’re happy about that.”

“But of course we want to work to improve it in the future,” added Kirkpatrick.

The initial proposal was rejected by CUPE and its members, because, among other things, the language that was written in the retroactivity clause did not reflect the kind of job security being demanded.

Specifically, if a sessional’s application for early right of first refusal was rejected by the dean or director of the faculty or school, no justification needed to be given, nor was there any kind of appeal that could be made.

“It was a simple ‘yes’ or ‘no,’” said Kirkpatrick.

Now, it is written that if a sessional is not granted early right of first refusal for a course, he or she can appeal the decision to a committee consisting of two representatives from both the union and the administration. If they are still refused, they can take it to a grievance.

“By the next time we go to the table over anything with the university,” said Vialard, “we’ll have people who have been here for a long period of time and who actually have job security, which is incredibly advantageous and empowering to those people.”

“We’re hoping that that means they’ll get a little bit more involved, feel a little bit more secure in their position at the university and hopefully,” added Vialard, “. . . fight a little bit stronger and more vocally for improvements to our contract.”

Vialard also stated that “it’s difficult to get involved in negotiations with the university if you imagine that it’s possible that you won’t have your position again next year.”

Also in the new contract, sessionals will get a retroactive three per cent wage increase for the next two years, starting from September of 2005, and in the third year (2007), their salaries will be open for negotiation.

Sessionals will have a right to grievable, progressive discipline (oral and written warnings), librarian hours in different appointments will be cumulative and count towards wage increments, the Sick Leave clause will be improved as is consistent with legislation, and a new clause for music teachers (who are new members to the unit), regarding new adjustments to their salaries, will be added, among other things.

A potential downside of the new agreement is that even if an instructor has taught a course for twenty-five years, and then for one semester, he or she did not teach that course between the September 2000 to 2005 timeframe, they are not eligible for early job security.

If the union members vote to ratify the agreement, CUPE will no longer be legally able to take job action.