CAUT | ACPPU
Canadian Association of University Teachers
Services
Model Protocol for Return to Work After a Strike¹
1
The administration agrees that no disciplinary measures shall be taken against members who were on strike for their actions during the strike.
2
There shall be no discipline imposed on members for breaches of any university policy arising from the work stoppage or the alteration of class schedules, exams, tests, or any other attempt to facilitate completion of the academic year.
3
The Deans/Directors shall be charged with the day-to-day management of student matters following the return from the strike.
4
Students shall only be examined and graded on material presented by members of the bargaining unit.
5
Where not in conflict with any other provision of the back-to-work protocol, members shall comply with Senate approved or mandated changes in the academic schedule, the provisions for modification in the examination periods and changes in regulations or waivers of regulations and any other requirements resulting from the implementation of the resolution approved by Senate.
6
All leaves (for example, sabbatical leaves, research/study leaves, maternity leaves, paternal leaves, adoption leaves, sick leaves, political leaves) in progress at the commencement of the strike shall be continued as though no strike had occurred.
7
All leaves which had been approved prior to the strike shall be honoured by the university and shall begin on the previously agreed commencement date.
8
All applications for leave which had been submitted prior to the commencement of the strike shall be processed according to normal procedures set out in the applicable collective agreement.
9
Travel funds and expenses approved before, or incurred during the strike by members which would have qualified for reimbursement but for the strike shall be reimbursed to members. Members are entitled to all professional development allowance accruals in existence as of the commencement of the strike.
10
Members shall be reimbursed for any university travel expenses approved before, or incurred during the strike for which they would have been reimbursed but for the strike.
11
Members shall be reimbursed for any grant or research expenses approved before or incurred during the strike, for which they would have been reimbursed but for the strike.
12
Probationary periods shall, at the election of the member, be extended by x working days.
13
All other deadlines such as promotions application and appeals, and tenure applications and appeals, which have been directly affected by the work stoppage shall be extended by x working days.2
14
All matters giving rise to grievance or other claims which arose within 20 working days prior to the commencement of the strike or arose during the period of the strike or prior to the coming into effect of the new collective agreement shall be continued pursuant to the terms and conditions as set out in the collective agreement dated x (the agreement in effect before the commencement of the strike). Deadlines shall be extended by x working days.
15
All grievances or other claims in existence as of x (date of commencement of the strike) shall be continued, with the applicable deadline dates extended by x working days.
16
The period of the strike shall be considered "continuous full-time service" at the university for all purposes (for example in the calculation of vacation, research/study leave, maternity leave, adoption leave, pensions).
17
The employer shall pay the employer's full share of contributions to employee benefits and pension plans pursuant to the terms of the collective agreement for the period of the strike. The employer agrees to reimburse the Association for the full amount paid by the Association in lieu of the employer's contributions to insured benefit plans during the strike.
18
The administration agrees to reimburse members for any loss in compensation incurred during the strike.
19
Association dues shall be deducted from any salary earned by members of the bargaining unit during the period of the strike and shall be remitted to the faculty association, along with a list of those from whom such deductions were made and the amount of the deduction.
20
In consideration of the additional work necessary to complete the academic year, each members shall receive $x no later than x.
21
Any library material which became overdue during the work stoppage shall become due on x.
22
If access to fee-paid services such as parking, athletic, child care, health care, counselling, non-academic course, and other similar fee-paid services is denied because of the strike, the relevant fees shall be reduced pro rata to reflect the duration of the strike.
23
The administration shall ensure that accumulated regular and electronic mail is distributed in an expeditious manner. If electronic mail has been suspended for the duration of the strike, the administration shall ensure that e-mail is promptly reinstated after the strike.
24
The parties agree that the terms and conditions of employment as set out in the collective agreement dated x (the agreement in force before the commencement of the strike) and as continued under the provisions of the provincial Labour Relations Act shall be deemed to remain in force and effect until the date the new collective agreement comes into force and effect.
25
The members of the bargaining unit agree to return to work no later than the working day immediately following the ratification of the collective agreement by the two parties.
Approved by the CAUT Council, November 1998; revised, November 1999.
Endnotes1. The suggested language found in this document is subject to negotiation and is part of the process for ending a strike. The negotiated protocol for return to work after a strike forms part of the memorandum of settlement and should be circulated along with the newly negotiated collective agreement provisions for ratification by members of the bargaining unit.
2. It is recognized that the timing or duration of the strike may necessitate other changes in the tenure promotion process so that candidates are not disadvantaged.
Top of page