General Membership Meeting- Feb 22 at noon

Brad WalchukUncategorized

Our next General Membership Meeting (GMM) will be held on February 22nd, Tuesday, from 12 PM to 2 PM. Any members wishing to present pre-written motions should provide theirs via email to staff@cupe3906.org and vicepresident@cupe3906.org till the end of February 21st.

As always, pre-registration will be required to attend this meeting. Please remember: You must register with your McMaster email address no later than 10 AM on the day of the GMM. Using your Mac address is needed for us to confirm your union membership prior to the meeting.

Register in advance for our GMM here:
https://us02web.zoom.us/meeting/register/tZIldO2prTojHt2vJVpi83_-2ushFMQx_U6T 

After registering, you will receive a confirmation email containing information about joining the meeting.

By-elections on this GMM agenda

Along with other important union business, this GMM will include a by-election to the position of Equity Officer. You can find the details on this position – as well as certain eligibility criteria – in Section 5 of the CUPE 3906 Bylaws: Duties of Executive Officers.

About the virtual GMM elections process:

Nominations for both elections will be held on the (virtual) floor of the GMM, but our Bylaws also allow for those unable to attend to self-nominate in writing ahead of the meeting. If you are unable to attend the GMM but wish to run for one of the two positions up for election, you can nominate yourself by emailing your 500-word candidate statement to brad@cupe3906.org anytime before 10 AM on the day of the GMM. Because our Bylaws require that only staff accept nominations for elections, only those sent to brad@cupe3906.org will be accepted, and their CUPE 3906 membership then verified.

Voting on these elections will occur in real time (via Zoom), meaning only members in attendance will be able to cast a ballot. This is the method we have determined most closely aligns with our in-person GMM elections and the processes laid out in our Bylaws and the CUPE National Constitution. Please note: if you are attending via a phone call (instead of using the Zoom app), you will not be able to be able to vote, because all votes in elections are anonymous.

Classroom Air Flow and HEPA filters

Brad WalchukUncategorized

You may have seen a recent COVID-10 updatep posted by McMaster online: https://covid19.mcmaster.ca/campus-health-safety/ventilation/

The above update confirms:

All McMaster classrooms and lecture halls have been assessed to ensure they meet ventilation requirements as outlined in ASHRAE 62.1. Standard 62.1 outlines minimum ventilation rates and other measures intended to provide indoor air quality that is acceptable to human occupants and that minimize adverse health effects.

Though all of our current operational classroom inventory meets or exceeds Public Health guidelines, McMaster further enhanced our ventilation plan to ensure all lecture theatres and classrooms on campus meet a minimum six equivalent air changes per hour (eACH), a standard considered ideal by Harvard T.H. Chan School of Public Health’s Healthy Buildings for Health guidelines.

This list (last updated January 28) indicates which classrooms and lecture halls on campus meet 6 eACH and actions taken. For classrooms do not meet our minimum standard of six equivalent air changes per hour (eACH), McMaster is:

  • Changing operations or equipment to increase air flow.
  • Equipping the space with appropriate standalone high efficiency particulate air (HEPA) filter units to increase equivalent air changes. The number of HEPA units and sizes were selected for each room in order to meet 6 eACH.

We have confirmed that the HEPAs do have a max speed and low speed setting (some have a 3 speed setting as well). The units need to be at max speed to meet the eACH for the room. When they were installed, the units were defaulted to max speed. There are signs in place indicating that the units should not be moved or turned off (see attached photo). Some instructors have put in microphones to address the noise, Facility Services has also moved units further from podiums to help with noise. They have also asked their custodial staff to turn units on if they are found in the off position.

You can find the eACH of your teaching room on the chart below. All figures should be above 6, especially when filter is running at full strength. If the figure was below 6 eACH, the HEPA filter will bring it to at least 6 eACH

https://facilities.mcmaster.ca/app/uploads/2022/01/Classroom-and-Lecture-Halls-eACH-January-28.pdf

Responding to Sexual Violence and Harassment on Campus and the Duty to Represent

Brad WalchukUncategorized

When a worker experiences sexual violence and harassment on campus, they have multiple options for reporting or pursuing a complaint. These options depend on who the complainant and respondent are, where the incident took place, whether the employer is the post-secondary institution or a third-party contractor, as well as the parameters set out by your institution’s policy and the health and safety or human rights legislation of your province. If you are not sure what options might apply to your situation, check with your National Representative.

The options are not all mutually exclusive. A survivor may choose to file an institutional complaint and a criminal complaint. An institutional investigation may end up being appealed through the grievance process. A survivor may opt for informal resolution, decide the process is not working, and move to a formal investigation or a human rights complaint. In some cases, however, a policy may require that one type of process be put on hold while another is pursued, such as suspending an institutional investigation while a criminal investigation takes place.

INSTITUTIONAL PROCESSES

Your institution’s policy should ideally apply to workers as well as students, allowing workers the option of choosing to pursue a complaint under the institutional investigation process rather than forcing them to file a grievance, and preventing survivors who are both workers and students from being forced to choose one aspect of their identity. (For more on this, check out CUPE’s Guide for Post-Secondary Institutional Policies on Sexual Violence and Harassment.)

When students or other members of the campus community report a complaint against a CUPE member, that investigation may also take place under the institutional process.

Interim measures and accommodations


Disclosure: A disclosure occurs when someone reveals to another member of the community that they have been subjected to sexual violence or harassment.

Reporting: A report is a formal statement submitted under one of the official processes for investigating and responding to sexual violence and harassment.


When a disclosure or report is made of sexual violence and harassment, a university or college should immediately conduct a safety assessment and implement interim measures as necessary to ensure the safety of the survivor and the campus community.

The survivor may also request accommodations to make them feel safe, to help them cope with the aftermath, or to enable them to participate in the investigation process. Witnesses, first responders, and the respondent may also need workplace and/or academic accommodations. For more information, see CUPE’s Fact Sheet on Accommodations for Workers Impacted by Sexual Violence and Harassment.

The local union should support these short-term measures to protect safety and reduce barriers to healing and to full participation in the workplace. However, the local should ensure that any interim measures or accommodations are understood not to be disciplinary or evidence of guilt, are proportionate to the nature of the alleged incident(s), and are only as restrictive as required to ensure safety.

A formal investigation

A formal investigation is conducted by a trained investigator who seeks to collect enough evidence to determine whether, on balance of probabilities, the alleged incident actually occurred. This investigation is then used to determine whether the institutional policy was breached and if so, what sanctions should apply. Sanctions range from being required to participate in training, to being issued a disciplinary letter or warning, to suspension, expulsion, or dismissal.

If a member of your local union is involved in an institutional investigation as the complainant or respondent, your local union may have a legal duty to represent that member, depending on your collective agreement. Your institution’s policy cannot prevent your local from fulfilling this duty and in fact, the policy should clearly state that everyone has the right to union representation. Even if your local is not legally obligated to provide representation, the potential outcomes of retaliation, discipline, or dismissal mean that it may be in your local’s best interest to provide representation to a member who requests it.

If both the complainant and the respondent are members of your local union, two separate representatives must be assigned. These two representatives should not communicate about the case for the duration of the investigation.

The union should ensure that the investigation is fair and thorough, that both complainant and respondent have adequate opportunity to share their side of the story and any evidence that supports their case, and that any disciplinary measures are proportionate and respect the collective agreement.

If the union believes that the process was not fair or that the outcome does not respect the collective agreement, it can address that perception through the grievance and arbitration process.

Alternative resolution measures

In some cases, an institutional policy will allow for alternative resolutions measures to be used, such as restorative justice practices, tranformative justice practices, training or counselling for the offender, or an apology from the offender to the survivor.

Your local union should be sensitive to the wishes of the survivor and the perpetrator, who must both freely consent to participate in any alternative process, but should also monitor outcomes from an alternative resolution process to ensure they respect the collective agreement.

WORKPLACE OPTIONS

Individual or group grievance

Whether or not your collective agreement has specific language on sexual violence and harassment, your employer has a legal obligation to provide a safe workplace. This means that an individual grievance may be filed in cases where a union member is subject to sexual violence or harassment in the workplace or in the course of performing their work. Your local union may also choose to file a group grievance in situations where there are multiple people who have experienced sexual violence or harassment or where you feel the employer has not done enough to prevent violence or harassment from occurring in the workplace.

If the alleged offender is a member of a union, the union has a legal duty to represent them throughout the grievance and disciplinary process. However, the member has an obligation to ask for the representation of their union.

If both the complainant and the respondent are members of your local union, two separate representatives must be assigned. These two representatives should not communicate about the case for the duration of the grievance.

The union should ensure that the grievance process is fair and thorough and follows any requirements set out by the collective agreement, that both complainant and respondent have adequate opportunity to share their side of the story and any evidence that supports their case, and that any disciplinary measures are proportionate and respect the collective agreement.

Union representatives should be aware that many survivors find the adversarial process of a grievance to be re-traumatizing and be willing to take steps to reduce the impact on the complainant while ensuring that the respondent still receives a fair process.

Workplace health and safety investigation

In some jurisdictions, occupational health and safety legislation requires that when an employer becomes aware of an incident of sexual violence and harassment in the workplace, that incident must be reported and investigated.

This investigation must conform to the standards set out by the relevant legislation. For instance, in some jurisdictions, a health and safety investigation must be conducted jointly by management and labour.

The union should ensure that the investigation is fair and thorough, that both complainant and respondent have adequate opportunity to share their side of the story and any evidence that supports their case, and that any disciplinary measures are proportionate and respect the collective agreement.

INTERNAL UNION PROCEDURES

Trial procedure

Incidents of sexual violence and harassment that occur between members of the same union while engaged in union business may also be dealt with through the internal union procedure. CUPE has a trial procedure which allows for complaints of discrimination or harassment on the basis of sex, gender identity, gender expression, or sexual orientation to be dealt with in a fair and impartial manner. Complaints alleging discrimination or harassment may be resolved through mediation, a trial, or trauma-informed adjudication. For more information, see Appendix F of the CUPE Constitution.

EXTERNAL OPTIONS

Complaint to a professional regulatory body

In some cases, the person alleged to have caused harm may be subject to a professional regulating body. This could include medical or nursing faculty with clinical appointments, faculty in professional schools such as law, architecture, engineering, accounting, or social work, or staff working in areas such as human resources or child care.

In some cases, a survivor may choose to file a complaint with a regulatory body regarding the conduct of a person in a regulated profession. In other cases, a university or college, as the employer, may be legally required to report an incident of sexual violence or harassment to the regulatory body.

In cases where the survivor is a union member, the local union should be prepared to offer support to the extent possible during the reporting and investigation process.

Human rights complaint

Because human rights legislation protects against discrimination on the basis of sex, gender identity, and gender expression, a survivor may be able to file a complaint with the relevant provincial Human Rights Commission or Tribunal. Unlike an institutional investigation, which can only order disciplinary measures for the alleged offender, a Human Rights tribunal can order financial compensation for damages, including lost income, emotional suffering, and loss of dignity.

In some jurisdictions, you are required to try to resolve things through a grievance or a workplace investigation before filing a complaint with the Human Rights Commission or Tribunal. In others, it is the survivor’s choice whether to try and resolve things internally or to proceed immediately to filing a human rights complaint.

Criminal complaint

A survivor may choose to report an incident to the police as a criminal complaint. A local union does not have a representation role to play in a police investigation, but they may be interviewed or required to turn over records or evidence. In order for police to demand evidence from a local union, they must provide a subpoena. In this instance, the local should immediately seek legal advice. Contact your National Representative to help you access legal advice.

In cases where the respondent is a local union member, the member should seek external legal advice. The union cannot advise on criminal matters.

This information is provided for educational purposes only and does not constitute legal advice. For further information and assistance, please contact your National Representative.

PAID TA Training Information

Brad WalchukUncategorized

In the 2019 round of collective bargaining with McMaster our Union secured 5 hours of paid training to cover anti-oppression and the fundamentals of working as a TA. This was a hard-fought win that stemmed from exercising our collective power at the bargaining table and mobilizing our membership. This is yet another reminder of the value and importance of collective bargaining – we can make gains and improve our working conditions when we’re united!
 
As a CUPE Local 3906, Unit 1 member, you are required to complete 5-hours of mandatory training.  The training will include a module in Anti-Oppression (2-hours) and TA Rights & Responsibilities (1-hour).  The additional 2-hours of training will be selected from a menu of centrally offered elective workshops. The five hours are paid at the prevailing hourly rate in the Collective Agreement.
If you are a TA (or RA in lieu) who was hired for the first time in the 2021-2022 academic year, you are able to enroll. If you worked in the fall, you should have already completed the training (but if you haven’t already, it is not too late). If you worked in a previous year, but not this past fall, you can also enroll.
Registration
You can register for the training through Mosaic. Once registered, you will be able to access the training workshops in Avenue to Learn. The How to Register for the Training document, found below, will provide step by step instruction, including screenshots, to help TAs with registering for the training.

Vacancies on Young Ontario Workers Committee

Brad WalchukUncategorized

The Young Ontario Worker’s Committee (YOW) is seeking interested candidates to fill terms for representatives for 3 Representatives.

Normally members of the Committee are elected by a caucus of young workers at the CUPE Ontario Human Rights Conference which is held every second year.

Vacancies can be appointed. Those with interest can put their name forward by February 15, 2022.

We are asking you to nominate members of your Local who are aged thirty years or younger and who are interested in being a member of the Young Workers Committee until the current Committee’s term expires at the 2023 CUPE Ontario Human Rights Conference.

Please encourage any such members to submit the attached nomination form. Please note that to be eligible for nomination, CUPE members must be aged thirty (30) years or younger at the time of application, must be a member in good standing of a CUPE Local affiliated with CUPE Ontario and must have the endorsement / nomination of their Local Union President. If you are interested, please email president@cupe3906.org

n addition to completing several hours of volunteer Committee work each month, successful applicants should be able to obtain leaves of absence to attend two committee meetings annually. CUPE Ontario covers costs related to membership on this committee.

As per CUPE Ontario policies, costs or expenses incurred are covered by CUPE Ontario for our Committee members, including time away from work, travel or mileage, accommodation if needed, parking, and a per diem.

Please submit applications to Monica de Vera at mdevera@cupe.on.ca. If you require further information, you can contact her by email or at 905-739-9739 ext. 618.

Anti-Racism Organizational Action Plan (AROAP) Working Group

Brad WalchukUncategorized

Dear Friends and Comrades,

As many of you will recall, at our 2018 CUPE Ontario Convention, delegates passed a comprehensive anti-racism action plan, better known as the Anti-Racism Organizational Action Plan (AROAP). This important plan seeks to address the systemic underrepresentation and exclusion of Black, racialized, and Indigenous members in our union. This work is more important and more critical than ever.

Over the past year, the University sector and our coordinating committee has worked to move us forward and ensure we are in a place to begin this important work. Friends, it is time for our sector to begin the important task of breaking down barriers and eradicating racism from every single aspect of our sector’s structures, practices, and policies. This work is important. This work is not work that your sector committee can do alone. We need you to join us!

We are inviting applications from individuals interested in joining our AROAP working group. This group will work over the coming months to fully review our sector, to suggest ways forward, and to prioritize the work ahead to be done. The sector’s AROAP Working Group will consist of the sector Chair, Equity Representative, as well as 5 rank-and-file members. Please note that the sector will prioritize applications from BIPOC members. Members appointed to the Working Group will have wages, per diem, accommodations, and travel paid for by the Union where these expenses are incurred.

The deadline to apply is Friday, February 11, 2022.

Thank you and we look forward to engaging in the important work ahead of us!

In solidarity.

David Simao
Chair, Ontario University Workers Coordinating Committee (OUWCC)

CUPE 3906 Return to Work open letter

cupe3906vpUncategorized

Dear Members,

 

As you may have heard, McMaster University announced its return-to-campus measures in a January 5th letter from President David Farrar and Provost Susan Tighe. The return-to-work plan states the following:

Our plan to have all classes delivered virtually for the week of January 10th, with the exception of some clinical programs, remains in place.  We will incrementally offer more hands-on learning to our students in alignment with the latest government and public health measures.

Beginning January 17 – Undergraduate labs, studios, clinical and other high priority hands-on learning and experiential activities will be in person, with limited exceptions. 

Beginning January 31 – All level-one undergraduate courses will be in person giving students who have had limited opportunity to interact and spend time on campus the opportunity to adjust. All graduate courses offered at the Ron Joyce Centre will also begin on January 31.

Beginning February 7 – All in-person classes begin for all students (undergraduate and graduate).

This is in stark contrast to Mohawk College, which announced that all classes in the Winter 2022 semester will be delivered in a remote or virtual format. As Mohawk College noted, “the ongoing spread of the Omicron COVID-19 variant has created uncertainty” for the community and a clear decision at the beginning of the semester “will allow students to plan ahead with certainty.” We would also add that a clear and early decision provides certainty for teaching staff, who cannot be expected to pivot from one format to another on a whim and require sufficient time to move to remote delivery.

While we believe that a focus on in-person delivery is pedagogically sound and in the best interest of staff and students alike, doing so at the risk of staff and students is dangerous. Ontario has had one of its deadliest pandemic months in January and the situation is only expected to worsen.  Universities have already been exempted from distancing and capacity limits in teaching and learning spaces, meaning that rooms have the potential to be just as over-crowded as they were pre-pandemic.

While dangerous and almost uncontrollable hazards such as Omicron exist, the Employer should limit hazards to workers and students by minimizing on-campus activities where safer alternatives exist.  When workers and students are required to be on campus, safety standards that go above and beyond minimum standards should be in effect. Workers who are not willing to face the risk should be offered virtual appointments.

To return to in-person work, we require a stronger health and safety plan which mitigates risk for both workers and students. This includes:

  • Mandatory N95, KN95 or KF94 masks provided by McMaster. McMaster, which boasted a surplus of $232 million last year, should be providing these to all staff and students that it expects to be on campus and should not be downloading those costs on staff and students who have already faced financial hardship during the pandemic;
  • The provision of freely available and accessible rapid tests for all staff and students to ensure maximum safety when coming to campus;
  • Proper distancing and capacity limits that are stronger than the bare minimum that the provincial government has permitted;
  • A reporting and tracing system of all confirmed COVID cases on campus, that includes actively reaching out to staff and students (via email, Mosaic, or Avenue) about known cases and their location, rather than posting an update online;
  • Easy access for students and staff to the view following information for each room on campus:
    • The dimensions of the room (length/width/height in ft).
    • HVAC design flow rate (in cfm) and measured flow rate (cfm).
    • Proportion of outdoor air supply in %.
    • Total air turnovers per hour (ACH).
    • MERV rating of the filters installed.
    • Whether any supplemental portable air filters are installed.
    • Whether or not C02 monitors are installed in the room or available to staff to measure C02 levels in our classrooms.
    • Clear instructions on the operation of HEPA Filter Units and Air Purification Units (e.g., guidance on keeping units on, whom to call when units break down, etc.)
  • The low-barrier option to continue work virtually or immediately return to virtual work if aspects of this stronger health and safety plan are not sufficiently met or the worker feels the risk is too high for the duration of the pandemic;
  • Transparency in the factors, measurements, and scientific assessments used to determine re-opening measures;
  • Fair compensation to instructors for the added work of delivering their courses in a hybrid format when large numbers of students are inevitably unable to participate in in-person learning, as well as any additional support the added work might warrant, including additional paid training, TA support, etc.; and
  • Paid sick days for a full isolation period of an employee or a member of their household, even if this is more than what is contained within a collective agreement.

A return-to-school will have disproportionate impacts on members of the McMaster community. A petition being circulated by a group of students rightly notes, in part, thatQualifications for accommodations must be eliminated.  It is unacceptable that disabled, Black, Indigenous, people of colour, elderly, and immunocompromised people be sacrificed in favour of return to the status quo.  We must carry forward the lessons learned throughout this pandemic to create a more inclusive university that puts commitment to innovation and excellence into concrete action.”

The petition maintains that “thoughtful and innovative integration of in-person and off-campus components is necessary and we urge ongoing development while making the provision of existing online tools such as Zoom for “live” classes throughout the Winter term the very basic minimum.” We agree, but this can only be achieved if adequate support is provided to instructional staff, especially those staff who are precariously employed.

Returning to in-person instruction in the midst of a pandemic is irresponsible and jeopardizes the safety of the McMaster community as a whole. While workers would like to return to in-person work, it cannot be done by ignoring the toll of this ongoing pandemic on front-line workers and by not doing all we can to decrease the spread. If the Employer continues to insist on a physical return to campus, it can only be done with the effective safety and inclusionary measures we have articulated above.

We ask you to please share this letter with friends and colleagues and to forward your concerns to David Farrar, McMaster’s President and Vice-Chancellor, at president@mcmaster.ca , or by phone: (905) 525-9140, ext. 24340.

 

In solidarity,

Your CUPE 3906 Executive Committee

 

A PDF version of this letter can be downloaded here: https://cupe3906.org/wp-content/blogs.dir/501/2022/02/CUPE-3906-Return-to-Work-open-letter.pdf

Employment Insurance Update

Brad WalchukUncategorized

We have received a few questions about payment for the winter semester and feel that an update to all members would be useful. There is not a pay date on January 21, 2022 nor was there on January 14th. The final pay for the (Fall term) was December 31st, and the first payment for the Winter Term is January 28, 2022. There is a reason for this.

This year the winter semester started on January 10, the latest calendar date that the semester can begin. The first biweekly pay period (for most permanent employees) fell on January 14, the latest calendar day in which a first pay period of the year could run. This occurs infrequently, but is possible depending how the semester and calendar lineup.

Wages paid to you are one week in arrears. This means that the January 14 pay covered the last week in December and the first week in January – a time when Sessionals were not employed (and thus were eligible to collect Employment Insurance). For those of you working this winter, your contract started on the first day of the semester (January 10), instead of starting the contract on January 1. This more accurately reflects the period you work, and allows those of EI to collect for a longer period.

You should be/should have been able to collect EI from January 1st to January 9th if you have enough insurable hours. For information on EI, click here. If you did not apply for EI over the holidays but met the criteria, it is not too late to apply. More information can be found at the link above.

If you have already served a withholding period in the past 52 weeks, you would have been able to collect EI as of January 1st. If you have not served a withholding period, you could have served one week over the holidays and should be able to collect EI for a day or two. However, you will have served the one-week waiting period, which means you won’t need to do so again in the spring.

If you are not working this winter semester, we would encourage you to apply to EI. Service Canada will determine your eligibility. In certain instances, it is possible to both work and collect EI (with some clawbacks) if the amount of work have in the winter has dropped substantially from the work you had during the fall term. More information is available here.

If you were collecting EI over the holidays and are teaching this semester, you should be reporting to Service Canada that you are back working. If McMaster is your sole employer, you should report your first day worked/first day for which paid as January 10, 2022.

The employer has already uploaded your ROE automatically to Service Canada for the past semester.

The final pay date for this semester is April 22, which covers the period from April 3rd to April 16th. April 16th is the date that you can report to EI as your last day of work/last day for which paid if you are applying to EI over the spring. The full pay schedule can be found here: https://cupe3906.org/wp-content/blogs.dir/501/2021/09/Pay-Dates-for-CUPE-TA-and-Sessional-Faculty_2021_22.pdf

If you have any questions, please contact brad@cupe3906.org or Carolyn (chiefsteward_sessionals@cupe39306.org)

Responding to Sexual Violence and Harassment on Campus and the Duty to Represent

Brad WalchukUncategorized

CUPE National is publishing a series of fact sheets on sexual violence and harassment in post-secondary institutions, and the steps your union can take to address it. The first of 5 fact sheets can be accessed here: https://cupe.ca/responding-sexual-violence-and-harassment-campus-and-duty-represent .

This fact sheet presents the multiple options for reporting or pursuing a complaint on experiences of sexual violence and harassment on campus.

If you find yourself threatened by sexual violence or harassment, please don’t hesitate to get in touch with us. We are here to support you. Please reach out to equity@cupe3906.org , vicepresident@cupe3906.org and staff@cupe3906.org so that we can help you as soon as possible.

Voluntary rapid antigen testing program

Brad WalchukUncategorized

In case you missed the news, McMaster is starting a voluntary testing program and will be distributing a limited number of Rapid Antigen Tests (RATs) to TAs and Sessional Faculty who are providing in-person teaching / instruction over the next few weeks. These members will receive the tests through their Faculty, however an exact date hasn’t been given to us yet. If you don’t hear or receive anything in the coming weeks, please contact your departmental administrator.

Individuals who can participate in this voluntary rapid testing program will be contacted directly by McMaster’s Rapid Test Distribution team. The announcement also says that “the effectiveness of this strategy will be closely monitored over the next two weeks with hopes to expand the distribution of test kits as access to inventory allows”.