Frequently asked questions about the OPSEU campaign to win
collective bargaining rights for part-time and sessional workers at Ontario’s
community colleges
In April 2005, the annual Convention of the Ontario Public
Service Employees Union (OPSEU) committed the union to winning collective
bargaining rights for more than 12,500 part-time and sessional employees
working in Ontario’s community colleges. This FAQ is an update of the one
published in October 2007 at www.collegeworkers.org. It is designed to
answer workers’ questions about the campaign so far and where it is going
next.
1. Why did OPSEU start a campaign to win collective
bargaining rights for part-timers?
Under the Colleges Collective Bargaining Act (CCBA),
part-time and sessional college employees have been legally excluded from
collective bargaining for over 30 years. As a result, these workers have
wages and working conditions that are much poorer than those of their
full-time colleagues. OPSEU represents full-time college employees and has
made several attempts over the years to work with part-timers and sessionals
to change this unfair situation.
2. What have been the key events in the OPSEU
campaign so far?
· In November 2006, OPSEU sponsored the creation of
the Organization of Part-Time and Sessional Employees of the Colleges of
Applied Art and Technology (OPSECAAT). Part-timers and sessionals from all
24 colleges attended the founding meeting of OPSECAAT and elected an
executive committee to run its affairs. OPSECAAT President Roger Couvrette
(part-time faculty at Centennial College in Toronto) and Vice-President
Candy Lindsay (part-time support staff at Fleming College in Peterborough)
have been the public face of the campaign ever since.
· In June 2007, the Supreme Court of Canada ruled,
for the first time, that the right to collective bargaining is a protected
right under the Canadian Charter of Rights and Freedoms. “We conclude that
Section 2(d) of the Charter protects the capacity of members of labour
unions to engage, in association, in collective bargaining on fundamental
workplace issues,” Chief Justice Beverley McLachlin and Justice Louis LeBel
wrote in the majority decision.
· In August 2007, the McGuinty government publicly
announced its intention to pass new legislation to recognize collective
bargaining rights for part-timers and sessionals. The government asked Kevin
Whitaker, chair of the Ontario Labour Relations Board, to review the CCBA
and make recommendations for changes.
· In October 2007, OPSEU officially launched an
organizing drive to ask part-timers and sessionals to sign union membership
cards and show their support for unionization.
· In February 2008, Kevin Whitaker presented his
report to the government. “There is no justification for excluding these
employees from collective bargaining,” he wrote. “Part-time employees should
be immediately granted the right to unionize.”
· In April 2008, OPSEU took thousands of signed
union cards to the Ontario Labour Relations Board. OPSEU asked the Board to
order a quick certification vote to confirm that the majority of part-timers
and sessionals want to join OPSEU and take part in collective bargaining.
The Board did not order a quick vote, but it did not dismiss the union’s
application either. The application remains alive. The union is pursuing it.
3. What happened at the Labour Relation Board? Why
didn’t the Board order a vote?
The core of OPSEU’s legal argument at the Labour Relations
Board was that, since collective bargaining is a protected right under the
Charter of Rights and Freedoms, part-time and sessional college workers have
a right to ask the Board to certify OPSEU as their union. The colleges
argued the Board did not have the jurisdiction to deal with the application
and also argued that it was “premature” because the McGuinty government says
it will pass legislation to create a clear legal framework for part-timers
and sessionals to unionize and bargain. A representative of the Ontario
government (Ministry of the Attorney General) also asked the Board not to
order a vote because legislation was on its way.
The Board did not give its reasons for not ordering a quick
vote. It is not required to.
4. What will happen to OPSEU’s application for
certification now?
The application is still alive. OPSEU will continue to
pursue bargaining rights through the processes at the Labour Board,
including the scheduling of a vote. However, if the colleges continue to
oppose the application, legal arguments could take months or even years.
Given that part-timers and sessionals have already waited too long to have
their rights recognized, the union is campaigning hard to get the government
to pass new legislation immediately.
5. When will the new legislation be introduced in
the Legislature?
Colleges Minister John Milloy said April 22 that “We’re
looking at introducing legislation sometime this spring.”
6. What will happen to all the signed union cards at
the Labour Relations Board if a new law is passed?
OPSEU says any new law must recognize the validity of those
cards and allow the union to trigger a certification vote as soon as
possible so college part-timers and sessionals can start collective
bargaining right away.
7. Why did OPSEU launch the organizing drive before
the new legislation was passed?
There is no reason part-timers and sessionals should have to
wait to exercise a right that is protected under the Charter of Rights and
Freedoms. We hope new legislation will clarify the legal situation, but new
legislation is not necessary in order for unionization to take place.
Also, all those signed union cards show the government that
part-timers and sessionals are serious about exercising their rights. The
cards put pressure on the government to create a clear legal framework for
unionization and bargaining to occur. The government might not be talking
about legislation at all if those cards had never been signed.
8. What can I do to get the legislation passed right
away?
Contact your local MPP. Full contact information for all
MPPs, and what OPSEU is saying to them, is available at
http://www.opseu.org/caat/parttime/contactmpp.htm.
You can also get your co-workers friends and neighbours to
sign our petition, available at
http://www.opseu.org/caat/parttime/petition%20on%20pt%20college.pdf. Get
as many signatures as you can. Then send them directly to your MPP for
tabling in the Legislature.
9. Once legislation is passed, how long will it be
before part-timers and sessionals have a collective agreement?
Assuming legislation is passed, a certification vote will
likely be required. It is highly unlikely that such a vote would happen over
the summer when few part-timers and sessionals are on the job. Once
part-timers and sessionals vote to join OPSEU, the next job would be to
elect bargaining teams and notify the employer of our intention to bargain.
Then bargaining would have to take place. Part-timers and sessionals would
also have to vote to accept any new contract.
OPSEU is committed to getting the best possible collective
agreement in the shortest possible time.
10. When do I start paying union dues?
You start paying union dues once your first collective
agreement has been negotiated and is ratified. You don’t pay any dues until
then.
11. How much are union dues?
OPSEU dues are 1.375 per cent of your basic salary.
12. I didn’t sign an OPSEU union card before the union
went to the Labour Relations Board. Should I still sign a card?
Yes. When you sign a card, you’ll automatically receive our
newsletter, The Part-Time Times, by e-mail. We’ll keep you informed of
events as they occur.
13. What will happen to OPSECAAT?
OPSECAAT will be dissolved when the goal of full bargaining
rights for college part-timers becomes a reality.
14. Where can I find more
information?
The web site at
www.collegeworkers.org includes up-to-date information on the campaign
as well as more background information included in the October 2007 FAQ. To
get in touch with the campaign, visit the site or call our hotline at
1-866-811-7274.
The Ontario Public Service Employees Union (OPSEU) has launched
an organizing drive to win union rights for more than 12,500 part-time and
sessional employees working in Ontario’s community colleges. This FAQ is
designed to answer workers’ questions about the process.
Note: For simplicity, the terms “part-time” and
“part-timer” are used throughout this document to refer to all the groups of
workers listed in Question 10.
1. What is an organizing drive?
An organizing drive is a union campaign to show that a group of
workers wants a particular union to represent them in collective bargaining with
their employer.
2. What is the goal of the OPSEU organizing drive?
The goal of the organizing drive is a) to demonstrate that
part-time workers want OPSEU as their bargaining agent; and b) to engage in
collective bargaining with the colleges to improve the wages and working
conditions of part-time workers.
3. I have already signed a card with OPSECAAT, the
Organization of Part-time and Sessional Employees of the Colleges of Applied
Arts and Technology. Should I sign an OPSEU card as well?
Yes.
4. What will happen to OPSECAAT?
Subsequent to the Supreme Court ruling, OPSECAAT has thrown its
full support behind the OPSEU organizing drive. OPSECAAT will be dissolved when
the goal of full bargaining rights for college part-timers becomes a reality.
5. How does an organizing drive work?
The union asks workers to show their support by signing a union
membership card. When the union has collected enough signed cards, the union
either a) asks the employer to recognize the union as the bargaining agent for
the workers; or b) asks a government body to legally certify the union as the
bargaining agent for the workers. Depending on the jurisdiction, the legislation
in force, and/or the attitude of the employer, a vote may be required before the
union is recognized or certified as the bargaining agent.
6. After I sign a union card, when do I get a collective
agreement?
Signing a union card is the first step on the road to a
collective agreement. When enough workers have signed union cards and the union
is recognized as their bargaining agent (see below for more on this),
negotiations with the employer can begin. The collective agreement comes into
force only after it has been negotiated and the workers ratify it (vote in
favour of it).
7. After I sign a union card, when do I get union
representation?
Once the union is recognized as your bargaining agent, the union
is your representative in contract negotiations with the employer. Once the
collective agreement is negotiated, the union becomes your representative in the
workplace and can then help with various workplace issues.
8. After I sign a card, when do I start paying union dues?
You start paying union dues once your collective agreement has
been negotiated and is ratified. You don’t pay any dues until then.
9. How much are union dues?
OPSEU dues are 1.375 per cent of your basic salary.
10. Who is eligible to join the union?
Managers and those who deal with labour relations issues for the
employer are not normally part of any bargaining unit. For support staff, the
OPSEU organizing drive is aimed at people who are regularly employed for not
more than 24 hours a week. For faculty, the organizing drive is aimed at:
• teachers who teach six hours or fewer per week; • part-time
counsellors and librarians; and • teachers, counsellors or librarians who work
fewer than 12 months in any 24-month period.
11. Aren’t part-time college workers barred from collective
bargaining by the Colleges Collective Bargaining Act?
Until very recently, part-time college workers were specifically
excluded from collective bargaining by the Colleges Collective Bargaining Act,
also known as the CCBA. This does not mean that they are barred from collective
bargaining. Here’s why: In June 2007, the Supreme Court of Canada ruled, for the
first time, that the right to collective bargaining is a protected right under
the Canadian Charter of Rights and Freedoms. “We conclude that Section 2(d) of
the Charter protects the capacity of members of labour unions to engage, in
association, in collective bargaining on fundamental workplace issues,” Chief
Justice Beverley McLachlin and Justice Louis LeBel wrote in the majority
decision.
This ruling overturned previous Court interpretations of the
Charter, which said that workers only had a constitutional right to form
associations, not to bargain collectively. For more information on this landmark
decision by the Court, including the full text of the decision, visit
http://www.nupge.ca/news_2007/n08jn07c.htm .
12. How has the Ontario government responded to the Supreme
Court decision?
On Aug. 30, 2007, the McGuinty government announced its
“intention” to recognize collective bargaining rights for part-time workers.
“Our government proposes to recognize collective bargaining rights for part-time
college workers as part of a broad review of collective bargaining at colleges,”
said colleges minister Chris Bentley. The government appointed Kevin Whitaker,
Chair of the Ontario Labour Relations Board, to review the legislation covering
collective bargaining in the colleges. This review will include consultation
with interested parties. Whitaker has been asked to provide the government with
a written report – and any recommendations he might have – by the end of January
2008.
To read the government news release on this, visit
http://ogov.newswire.ca/ontario/GPOE/2007/08/30/c3948.html?lmatch=&lang=_e.html
.
13. Why is OPSEU launching an organizing drive now? Why not
wait until Whitaker reports?
No matter what happens, collective bargaining will not occur –
let alone succeed – unless it has the support of part-time college workers. A
big pile of signed union cards is the best way to show the colleges and the
government that part-timers are serious about exercising their rights.
If Whitaker recommends changing the law to create a new legal
framework for college bargaining, any changes would still require approval by
the Legislature before becoming law. By signing a union card, part-timers show
the government that they want the law changed fast.
If Whitaker does not recommend changing the law – because (based
on the Supreme Court decision) part-timers already have bargaining rights – then
we will need signed union cards to present to the employer as proof that
part-timers want OPSEU as their bargaining agent.
14. How many cards does the union need to begin collective
bargaining?
When there is legislation in place that governs a particular
group of workers, organizing and bargaining are covered by that legislation. For
example, under the Ontario Labour Relations Act, which is the basic labour law
of the province, most unions need to show that 40 per cent of workers in the
bargaining unit have signed a union card. When the Ontario Labour Relations
Board agrees that the union has at least 40 per cent support, a vote is held. If
the majority vote for the union, the union is certified as the bargaining agent.
When there is no specific legislation in place, the normal rules
do not apply. If the employer refuses to accept that workers want the union as
their bargaining agent, then the union can take the case to court.
15. Why are part-timers being asked to join OPSEU? Could we
join another union?
Except where union membership is defined by legislation, Ontario
workers who want to bring a union to their workplace can pick any union they
choose. That being said, OPSEU is the only union that has devoted its full
support and resources towards winning bargaining rights for college part-timers.
OPSEU sponsored the creation of OPSECAAT. The OPSECAAT Executive is in full
support of the OPSEU organizing drive.
OPSEU has been the union for full-time support staff and faculty
at Ontario’s community colleges for more than 30 years. OPSEU knows colleges.
The wages and benefits in the OPSEU collective agreements speak for themselves.
Also, the existence of two strong OPSEU locals (support and faculty) at every
college means there is already a support network in place to help part-timers
once they are organized and begin collective bargaining.
16. Can CAAT part-timers be disciplined or lose their jobs by
participating in an organizing drive?
The right to join a union and bargain collectively is a
protected right under the Charter of Rights and Freedoms. Any discipline or
firing as a result of union activity would be a Charter violation.
It is worth noting that in the year since the formation of
OPSECAAT neither OPSECAAT president Roger Couvrette nor any member of the
OPSECAAT executive has been disciplined in any way as a result of their efforts
to get part-timers to join the association.
17. What bargaining unit(s) will college part-timers be in if
they unionize?
This depends on what happens with Kevin Whitaker’s review of the
Colleges Collective Bargaining Act and any action the provincial government
might take afterwards.
If Whitaker recommends a legal framework for collective
bargaining for part-timers, it is fair to assume that the government will create
a bargaining unit (or units) based on his recommendation.
If Whitaker recommends that a legal framework is not necessary –
again, because the Supreme Court says workers already have bargaining rights –
then the bargaining unit(s) will be whatever the union and the employer agree
to.
18. What is OPSEU’s position on bargaining units for
part-timers?
OPSEU stands for full, meaningful bargaining rights for all
college employees. This means province-wide bargaining units. Details of the
union’s position will be finalized in consultation with part-time college
employees themselves.
19. Can the colleges afford better wages and working
conditions for college part-timers? Won’t they just lay off some staff to pay
for improvements for others?
There is no question that better wages and working conditions
for part-timers will cost more money – that’s the point, actually. This does not
mean Ontario can’t afford to pay. Ontario has an overall public-sector payroll
of $58 billion. Any improvements for college part-timers will be a drop in the
bucket in the grand scheme of things. In any case, higher cost is not a valid
reason to trample on basic human rights. Ontarians want their friends,
neighbours, and relatives to be treated fairly, no matter where they work.
As far as layoffs, collective bargaining will have no effect on
students’ needs for the services part-time college workers provide. Colleges
can’t afford to lose skilled staff.
20. Where can I find more information about signing an OPSEU
union card?
OPSEU organizers are on the job at every college campus across
Ontario. To get in touch with your local organizing committee, visit
www.collegeworkers.org or call our hotline at 1-866-811-7274.
