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Courage, strength, and resolve: How the King’s University College Faculty Association unionized in the middle of a pandemic

By Stephanie Bangarth, King’s University College Faculty Association

Originally published in Academic Matters OCUFA`s Journal of Higher Education

“Courage to start; strength to endure; resolve to finish.” I’m not really sure who said this, but it is a mantra for distance runners. Certainly, this expression inspires my marathon training, but I never realized how true it is for other aspects of life until I helped lead the King’s University College Faculty Association’s union certification drive during the COVID-19 pandemic.

We did not intend to lead a certification drive when we met the employer’s negotiating team at the end of February, much less during a pandemic. Of course, the idea of certification has been bandied about for some years, with a mainly lukewarm response from our faculty members. I have often heard that certification drives hinge on a crisis, and, while we’ve had our share of concerning moments at King’s, I don’t think that we have encountered anything near a crisis in recent years.

Our negotiations began rather normally. We had a slate of both monetary and non-monetary goals to achieve for our members. Our non-monetary issues were focused on human rights, including a salary anomaly study to address wage gaps for female and racialized faculty, caregiving leave, and an equity provision for international summer teaching.

Because we were not a certified union recognized under the Ontario Labour Relations Act, our existing negotiation processes was quite one-sided. We would have to provide our proposals weeks in advance of the first meeting with comprehensive justifications for our changes and additions. Once our submission has been made, we would then wait for the employer’s proposal, which would typically be issued only a few days before our meeting.

This year, we were presented with easily the most severe document we have received from the employer, which included many punitive proposals that ran counter to our Catholic social justice institution’s mission. That was, perhaps, the first hint that this round would be challenging. Then the pandemic hit, and we entered an entirely new bargaining environment.

While Zoom proved to be a frustrating tool for bargaining, it became an important ally in reaching out to our membership. Our virtual faculty association meetings were very well attended as it quickly became clear that the lack of in-person engagement meant that our colleagues craved interaction, even online. As our senior administration warned of the pandemic’s dire financial and enrolment consequences, and as collegial governance suffered, faculty members were reaching out to our association executive.

While there was a lot of anxiety and our members were asking probing questions about the administration’s actions, they were also looking for ways to get involved. Members were volunteering to help counter the administration’s pandemic panic narrative and overreach by organizing important pushback within our institutional structures, including the Educational Policy Committee, Faculty Council, and College Council.

At the same time, negotiations were devolving as the employer’s negotiating team refused to engage in meaningful negotiations, standing firm on their punitive and unacceptable proposals. Bargaining bulletins and updates in our virtual faculty association meetings kept our members informed of the situation. Gradually, the membership came to realize what we on the negotiations team and our association executive already realized: to move forward and improve our negotiating position, we needed to certify as a union.

With assistance from the Canadian Association of University Teachers and the Ontario Confederation of University Faculty Associations, we engaged in the kind of organizing one might recognize in a typical union drive: mapping the membership, phone trees, email communication, a document with frequently asked questions about certification, and, most importantly, membership meetings that were often attended by 85–90 per cent of the membership.

Our members were very engaged in these meetings and concerned about what was happening at the bargaining table and more broadly around King’s University College’s pandemic planning. A small group of members worked as our engagement team and managed to speak with nearly 94 per cent of the faculty association’s membership, which includes all full-time and limited term faculty members at King’s (contract academic staff at King’s are organized under CUPE).

By early June, with the membership mapped, contacted, and informed, the decision was made to submit our application for certification to the Ontario Labour Board. We used Adobe’s Sign software to create union cards that members could sign and achieved well beyond the 40 per cent requirement. There were a few hiccups, of course, as one might expect from technology, and from a university administration who tried to contest the application.

The electronic vote took place over four days in June. Under normal circumstances, an in-person vote would be held for a much shorter period, during which it would be possible to track which members voted. However, the pandemic meant that was not possible. Instead, our engagement team worked hard at getting out the vote, finding other ways of tracking who voted, and providing periodic updates throughout the voting period. We knew we would win the vote but remained cautiously optimistic about how strong support would be. With a 95 per cent voter turnout and an 89 per cent “Yes” vote, we were ecstatic with the final results.

When we announced the outcome to our members in a series of post-certification updates, the response was gratifying. More than a few faculty members reached out to say that they had never felt more connected to their colleagues and to the faculty association as they had during the certification process.

“Courage to start; strength to endure; resolve to finish.” In many ways, our journey to certification embodied this expression. It took a lot of courage to start (as all drives do); we needed the strength to endure the unusual circumstances brought on by the pandemic; and once we started, we were resolved to finish.

The successful certification vote may have been the end of one marathon, but it was also the beginning of another. It marked the end of the old way of doing things, also known as the “King’s Way,” and the start of a new approach that we hope will foster important long-term change at our institution. While COVID-19 proved to be the push we needed to certify, the pandemic also revealed an important lesson: The work we did to build trust and engagement among our members during the certification drive is work we need to continue if we want to be effective in the future. This is a marathon that has no end, but one that, if we work together, will lead us to success.

Stephanie Bangarth is Chair and Chief Negotiator for the King’s University College Faculty Association and an Associate Professor of History at King’s University College.

BARGAINING BULLETIN #4

August 7, 2020      “Excellence and Equity for Our Faculty”

The KUCFA Collective Bargaining Committee resumed bargaining meetings with the employer’s “Negotiating Panel,” for the purpose of renewing our contract following our very successful and important certification drive held in mid-June. The contract -­‐ the “Conditions of Appointment for Faculty” -­‐ expired on April 30, 2020.*

On Thursday August 6 we met for three hours on Zoom with the employer’s “Negotiating Panel” which now includes the new VPAD, Gillian Balfour. Our intention going into this meeting was to signal to the employer team that while we have unionized, we would not entertain a wholesale re-examination of our contract, nor would we tolerate any backsliding. Even if they did not say so, we believe the employer was relieved with the rational position we took. That said, there are areas of our contract that are now voided by the Ontario Labour Relations Act (1995) and so we proceeded fairly quickly through many of these and reached agreement on them. These include such obligatory language on the collection of dues, no strikes or lockouts, an addition of the description of the bargaining unit, and the removal of all passages restricting grievances. The latter is particularly noteworthy, as it now means that a whole host of issues that were once not grievable are now fair game, subject to our grievance procedures. For your information, the following are now grievable: decisions on buyouts (11.1), the decision to terminate or reduce a program or department (15.11) and the denial of a promotion, tenure, continuation of probationary contract, financial exigency, program redundancy, and salary agreements negotiated between the Board of Directors and the Faculty Association (16.2). We are also reviewing the practices and terms of the negotiating process (Appendix A) itself to rectify some of the concerns we have previously voiced about them and to make them compliant with the OLRA.

We are also moving closer on a number of bargaining priorities that predated the certification drive, such as the salary anomaly study, an increase to the research grant fund and clauses 10.4 and 10.4.3 regarding parental and adoption leave. Unfortunately, it looks like the employer is linking the PDF with the provincial 1% cap under Bill 124 which would mean only a $30 increase. Perhaps that may be adjusted via the COVID-19 Fall/Winter LOU, but as that is not part of the bargaining committee’s purview, we have no update for you. Do feel free to contact Stephanie Bangarth or Ben Muller for any LOU-related queries.

We are still committed to obtaining the best deal for our members. The bargaining environment is still exhausting.  We have been bargaining since late February. We have one additional meeting scheduled for August, so we will likely be bargaining into September. Thank you for taking the time to read this over and feel free to contact us if you have any questions.

The KUCFA Collective Bargaining Committee: Stephanie Bangarth (chief negotiator); Anisha Datta; Adian McFarlane; Pat Ryan and Lesley DePauw.

* For details of the procedures, see “Negotiation Procedures”, Appendix A, page 63 Conditions of Appointment of Faculty

King’s University College Faculty Association certified as a union by Ontario Labour Board

July 22, 2020 | Comment

OCUFA Congratulates KUCFA

Congratulations to the King’s University College Faculty Association (KUCFA)! After weeks of organizing – made more challenging by the COVID-19 pandemic – the members of the KUCFA overwhelming voted to form a union, a decision that was just certified by the Ontario Labour Board. Faced with an increasingly uncooperative administration, members of the faculty association built strong support for the union drive with an engaging campaign that centred on the collective needs of faculty and kept members involved and informed throughout the process.

BARGAINING BULLETIN #3

May 4, 2020 “Excellence and Equity for Our Faculty”

The KUCFA Collective Bargaining Committee have now held five meetings with the employer’s “Negotiating Panel,” for the purpose of renewing our contract since our last bulletin update on March 12. The contract -­­ the “Conditions of Appointment for Faculty” ­­  expired on April 30,  2020.*

Our recent meetings with the employer’s Negotiating Panel have not been productive. While we were very happy to conclude a LOU on the COVID-19 situation with the employer, it was an unnecessarily long and arduous process. The last counter we received came with very short notice via email prior to the meeting.  But it gets worse.  The ‘counter’ was actually not a ‘counter,’ because it did not address our previous positions.  Therefore, we spent the first hour of the meeting in caucus trying to align the two documents. About a third of the employer’s points we could only respond to by noting “see our current counter offer.” Several other points in their document included positions we had agreed to many weeks earlier, and/or their descriptions were at odds with the attached sections and even with their own proposals!  

We cannot say if this is purposeful. If it is not, we have doubts about competency; if it is, we have doubts about good faith. The employer has given us a massive set of proposals (opening more than 129 clauses of the contract). We have been able to agree to about 1/3 of their many proposals and have engaged in a substantive response to all the others. They have responded substantively to only two of our non-monetary proposals. We will likely have more to say about these in the coming week. Instead, they typically conduct this sort of game: they propose two changes that are both problematic for academic success with a caveat, if we accept one, they will withdraw the other.  For example, they propose that the LTA contract should be raised from 3.0 to 4.0 courses a year and offer us in return the removal of a proposal that any faculty member who is denied sabbatical leave or who refuses to take one will have their course load increased to 4.0 courses per year.  And this is not the most worrying response to our non-monetary positions. 

The employer remains very entrenched with respect to certain positions: -increasing restrictions on unpaid leaves of absences
-removing the right of disclosure and due process from the formal investigation process of the discipline clause
-reducing the ability of faculty to grieve the contract and of KUCFA to protect its members and due process           
-reducing benefits to legal minimums and less than sector norms
– removing references to human rights and labour legislation and commissions – reducing parental/adoption benefits and increasing verification processes.

We are committed to obtaining the best deal for our members. We have been working very hard to avoid weakening our contract by collaborating with the employer on many of their proposals. We have yet to see the same sort of mutuality from them, meaning that we have engaged with many of the employer’s proposals while many of ours have been rejected outright. It is important to note that the employer is entrenched in many of their proposals, linking acceptance of our suggestions of improvement to acceptance of their punitive measures. The bargaining environment is exhausting.  We have seven additional meetings scheduled for May. Thank you for taking the time to read this over and feel free to contact us if you have any questions. 

The KUCFA Collective Bargaining Committee: Stephanie Bangarth (chief negotiator); Anisha Datta; Adian McFarlane; Pat Ryan and Lesley DePauw.

* For details of the procedures, see “Negotiation Procedures”, Appendix A, page 63 Conditions of Appointment of Faculty

BARGAINING BULLETIN #2

March 17, 2020     “Excellence and Equity for Our Faculty”

The KUCFA Collective Bargaining Committee held its second meeting with the employer’s “Negotiating  Panel,” including the Chair of the Employee Relations Committee on March 12 for the purpose renewing our contract. The contract -­‐ the “Conditions of Appointment for Faculty” -­‐  is due to expire on April 30,  2020.*

Our recent meeting with the employer’s Negotiating Panel was a constructive one. We agreed to some minor issues and worked on areas where we are finding some convergence. Our negotiations have been proceeding constructively and collegially.

The Covid-19 outbreak, however, has disrupted our bargaining process. Due to the ever-changing situation regarding Covid-19 we approached the employer to request a pause in negotiations with the proviso that  all timelines as they apply to our collective bargaining as noted in our Terms and Conditions (2017-2020) during this period of pause be held in abeyance. The employer agreed to our gesture of support and solidarity. We agreed to resume bargaining on April 6, but this date will be subject to any university and public health recommendations that may arise in the coming days and weeks ahead. In light of the announcement that King’s University College will become a remote-access campus effective March 16 at 5pm this will mean pausing bargaining for a longer period of time. Meeting via remote connection is not feasible due to the unique nature of collective bargaining. Our Chief Negotiator, Stephanie Bangarth, will continue to participate in OCUFA and CAUT bargaining meetings remotely to stay up to date on how our sector is dealing with the situation.

We hope you understand this decision. We are committed to obtaining the best deal for our members. Thank you for taking the time to read this over and feel free to contact us if you have any questions.

  The KUCFA Collective Bargaining Committee: Stephanie Bangarth (chief negotiator); Anisha Datta; Adian McFarlane; Pat Ryan.

* For details of the procedures, see “Negotiation Procedures”, Appendix A, page 63 Conditions of Appointment of Faculty

BARGAINING BULLETIN #1

March 2, 2020  “Excellence and Equity for Our Faculty”

The KUCFA Collective Bargaining Committee held its first meeting with the employer’s “Negotiating Panel,” including the Chair of the Employee Relations Committee on February 27 for the purpose renewing our contract. The contract -­‐ the “Conditions of Appointment for Faculty” -­‐ is due to expire on April 30,  2020.*

At this time there are few issues to report. The Bargaining Committee discussed bargaining procedures with the employer – including future meeting dates -­‐ and outlined the contents of our proposal packages. The employer complimented us on the comprehensiveness of our proposals, and we provided initial responses to many of theirs. Some minor issues of wording and clarity in the agreement have already been agreed upon with the employer, while some other issues will require far more negotiations for our respective positions to begin to move closer.

While this first meeting represents the start of the formal bargaining process, it is in fact the culmination of many months of preparation by the KUCFA:

  • a Bargaining Committee was appointed;
  • a membership survey was conducted in the early   fall;
  • data, which was obtained from the employer and elsewhere, was reviewed and analyzed;
  • other Faculty Associations were consulted, as well as meetings and support with OCUFA & CAUT;
  • a Membership meeting was held to solicit membership feedback and concerns, and to outline and debate the subjects for negotiations.

In order to keep you informed and involved, the Bargaining Committee will be taking the following steps:

  • A CBC Information Folder under Resources in our Confidential Faculty Association Only OWL site: We will provide regular bulletins and updates on negotiations and provide information regarding specific items that might require general membership meetings for discussion.
  • Bargaining Bulletins: this is the first “Bulletin” which the Committee will regularly produce and post for the membership electronically through the confidential OWL site and on our KUCFA website.
  • Membership Meetings: future meetings will be held as required to provide information, answer questions and concerns, and to solicit feedback. The next meeting will be held on Wednesday March 25 at 3:30pm.

Thank you for taking the time to read this over and we look forward to your feedback at the next KUCFA meeting.

The KUCFA Collective Bargaining Committee: Stephanie Bangarth (chief negotiator); Anisha Datta; Adian McFarlane; Pat Ryan.

* For details of the procedures, see “Negotiation Procedures”, Appendix A, page 63 Conditions of Appointment of Faculty