2024 College Faculty Bargaining
Ontario college faculty (professors, librarians, and counsellors) are part of the College of Applied Arts and Technology – Academic (CAAT-A) and represented by the Ontario Public Service Employees Union (OPSEU). Their work terms are set through Collective Agreements with Ontario colleges, represented by the College Employer Council (CEC). The current agreement expired on September 30, 2024.
Since July 2024, OPSEU and the CEC have been negotiating a new agreement, focusing on key issues like workload, job security, academic freedom, and more. Both sides have exchanged proposals and discussed ways to improve Ontario’s colleges.
As your student association, we’re encouraging both parties to continue negotiations to minimize disruption to your experience. Stay updated through our webpage and social media, and check out “Ontario Student Voices”, a Provincial association of post-secondary student associations – of which YOU are a member. All links below.
What has happened so far?
Negotiations between the CEC and OPSEU began in July 2024 but made little progress. In September, OPSEU requested a Conciliation Officer and held a Strike Mandate Vote from October 15-18. With 79% of members in favor, this vote authorizes a strike if a satisfactory agreement isn't reached, but it doesn’t guarantee a strike will happen.
What could happen next?
Potential actions impacting the Fall 2024 semester include:
- Mediation or Arbitration: CEC and OPSEU may agree to mediation or binding arbitration.
- Union Strike: OPSEU could initiate various strike actions like work-to-rule (doing only the minimum required), rotating strikes (short, scheduled strikes), strategic strikes (targeted stoppages), or a general strike.
- CEC Lock-Out: The CEC could lock out faculty, but it’s unlikely based on past statements.
- CEC Changes: CEC could modify employment terms or request a "last offer vote" for faculty to decide on without union backing.
Where can I find more information?
a. Fleming College Website: Fleming FAQ's
b. OPSEU CAAT-A Faculty: OPSEU
c. College Employer Council Website: CEC
d. Follow FSA’s Instagram: FSA Insta
e. Ontario Student Voices Instagram: OSV
f. Make sure to check your Fleming emails for updates from FSA or the College!
FREQUENTLY ASKED QUESTIONS
1. What do the CEC and OPSEU disagree on?
a. The outstanding issues include changes related to workload, professional development, and more. [JM1] To learn more about the outstanding issues, we encourage you to visit CEC and OPSEU’s websites.[JM2]
2. What is a strike?
a. Strikes are peaceful, non-violent protests by employees seeking better working conditions or other changes to their collective agreement. The objective of a strike is to put pressure on the employer in collective bargaining. A strike is often labour groups most powerful and useful tool. They can be a day or for an extended period of time.
b. It is safe to cross the picket line to come onto college property if a strike occurs. People entering may be stopped by faculty as they try to explain the reasons they are striking.
3. What has to happen for a strike to occur?
a. Negotiations must have failed, and the Minister of Labour must issue a No-Board report.
b. The union must have a strike vote.
c. The results of the vote must be over 50% in favour of a strike.
d. The union must provide 5 days’ notice before they may commence a strike.
4. What is a lock-out?
a. A lock-out is when an employer (the Colleges) locks the doors of the business or prevents the employees from working, causing a work stoppage. The CEC stated in 2021 they would “never lock-out faculty.” We don’t expect this to change for 2024.
b. https://www.collegeemployercouncil.ca/en/news/management-update-november-18-2021
5. What is work-to-rule?
a. Work-to-rule means employees perform their job slowly or follow the law as closely as possible to stall productivity.
6. What is the first possible day for a strike, lock-out, or other labour action?
a. The first possible date for a strike, lock-out, or other labour action is currently unknown.
7. How long could a strike last?
a. There is not a set time limit for a strike. They usually continue until a new Collective Agreement is negotiated. There has never been a strike at Ontario Colleges that has lasted longer than 5 weeks.
8. If a strike happens, what should I do?
a. Leave extra time for travelling to the college as picket lines will be set up at campus entrances and limit traffic flow.
b. You should consider arriving early to avoid picket lines.
c. If taking transit and required to be on campus, be aware that transit buses will be dropping off students outside of the campus to respect the picket lines.
d. Continue to access D2L for your courses, it will still be available for student access.
e. While you can attempt to contact your faculty through Fleming emails or D2L, keep in mind that you may not receive a response until after the conclusion of the labour disruption.
f. Be respectful of the picketers; they have the right to strike.
9. If a strike happens, what services will still be available from Fleming College?
a. The services that will be available are still to be confirmed. College management and support staff will still be working.
10. If a strike happens and Counselling Services are unavailable, where can I receive mental health support?
a. Mental Health Resources:
i. Good2Talk – Free and Confidential Mental Health Support Service
ii. The Road Ahead: Mobile Wellness Clinic - November 16th & 30th @ Frost Campus, 10am – 4pm, Rm 254
iii. Community resources
11. What should I expect if there is a strike and I cross the picket line to access campus?
a. You should expect there to be delays to access campus. Union members will normally speak to you briefly about why they are striking. Be respectful, do not force your way through a picket line, and remember this is their legal right.
12. If there is a strike, will I need to continue working on my coursework?
a. In the event of a full work stoppage, exams, tests and assignments are likely to be postponed until after the strike is resolved. You should continue to have access to course materials through D2L and may choose to take advantage of college resources and services to continue your studies independently and prepare for the resumption of classes.
13. If a strike happens, can I work more hours off-campus as an international student?
a. A strike is not considered a scheduled/regulated break, so your work eligibility will not change. You cannot increase your working hours. If you are currently in a full-time semester, you can only work 20 hours per week during the strike (assuming you hold a valid study permit that allows you to work off-campus).
14. If a strike happens, will it impact my Study Permit as an International Student?
a. For questions regarding Study Permits, please contact international@flemingcollege.ca
15. What is the role of the government in the bargaining process?
a. Government representatives are not directly part of the bargaining process. Bargaining is between the College Employer Council and OPSEU (CAAT-A member’s union). The government can provide a mediator to attempt to reach an agreement. In extraordinary circumstances, the government has previously introduced legislation to end a strike.
16. How could OSAP be affected by a strike?
a. It is not likely for OSAP to be impacted. In the unlikely event that labour action interferes with the government's ability to confirm enrolment with the colleges, there could be delays in receiving funding.
GLOSSARY OF TERMS
CAAT-A: College of Applied Art and Technology – Academic (includes Faculty, Counsellors, and Librarians)
OPSEU: Ontario Public Service Employees Union
CEC – College Employers Council
Arbitration: a person or panel listens to both sides in the negotiation and issues a decision which both parties must follow
Bargaining Unit: the members represented in the bargaining process (CAAT-A members)
Collective Agreement: a contract between an employer and union that outlines the employees' terms and conditions of their employment
Conciliation: a process that aids in resolving a labour dispute and is required before a legal strike or lock-out.
Last Offer Vote: a vote on an offer of settlement provided directly by the employer to the bargaining unit without the union's support. The Minister of Labour must direct the vote at the employer's request and may only be done once during a round of collective bargaining.
No-board Report: A no-board report recognizes that the parties are at an impasse and that a conciliator could not help. 16 days after a no-board report is issued, the previous collective agreement is no longer binding. Should the Union get a strike mandate, they will be in a legal strike position 17 days after a no-board report is issued. For example, if the date on the notice was October 1, the employees may legally strike, and the employer may legally lock out on October 18.