November 8, 2007
Update on Negotiations - Information Comparison
As you know, we have been waiting for responses to our proposed articles, which we gave to the Administration on March 19, 2007. We also presented our monetary articles on September 19, 2007 and we have not had any response to those. However, with regard to non-monetary issues, on October 29, 30 and 31 we received from the Administration a package of proposed articles.
The UGFA negotiating team immediately began careful study of the University’s proposals. Rather than responding on a clause-by-clause basis to the UGFA proposal, the Administration has presented a draft that is organized quite differently and in which many of our proposals are not addressed at all. On many important issues, the University has told us, at the table, “We are not interested in having that in a collective agreement”, or “Those are management rights”. It is very important to understand that a collective agreement is a constraint on the arbitrary powers of management. If an issue is not addressed in the collective agreement, then our members have no protection other than that provided by the Employment Standards Act. To put it another way, silence speaks volumes.
We have set out, in the attached tables, comparisons of some crucial points on Promotion and Tenure for Faculty and Librarians, Intellectual Property, and Working Conditions. This table compares the UGFA proposal, existing Faculty Policy, and the University proposal. We are concerned that the University position could lead to a significant diminution of Member rights and of the principle of collegial self-governance enshrined in the University of Guelph Act. This is one of the major reasons why we have called for a Conciliator.
We are deeply concerned and disappointed by the Administration proposals. We continue to hope that negotiations will lead to an acceptable outcome. We hope that much of what is being proposed by the Administration represents an extreme bargaining position and will be modified as we move towards a settlement.
This is the first installment of a comparative analysis. More will come, as we continue to work through the proposals.
The UGFA website has moved...
We have moved our UGFA website from the university server to the CAUT server. Our new URL is http://www.caut.ca/ugfa. You might wish to bookmark the new website.
We invite you to contact UGFA .... send us your comments and questions, by writing (to UGFA, Room 535, University Centre), by e-mailing (facassoc@uoguelph.ca), by saying “hi” to our negotiators, or by calling at ext. 52126. You may also wish to contact the President and the Board of Governors to express your concerns.
| UGFA Negotiating Position | Current Practice | Administration Negotiating Position |
|---|---|---|
| a Policies and Procedures must be fair, transparent & equitable | a no explicit protection for transparency and fairness, which has been a major concern of our members | a refusal to add a commitment to fair and reasonable procedures |
| b P&T criteria approved by two-thirds of department members | b P&T criteria approved by two-thirds of department members | b Provost will create criteria, in consultation with Dean |
| c P&T reporting form created by department | c each college is to implement a standard form; some have and some have not | c form will be created by Provost in consultation with Dean - no departmental approval required |
| d anonymous student comments not permitted for P&T evaluations | d anonymous student comments not permitted for P&T evaluations | d No explicit statement. In response to questions, University indicated that they will reserve the right to use such anonymous comments for P&T evaluation. |
| e P&T service component can include service to Canadian Association of University Teacher, Ontario Confederation of University Faculty Associations | e present practice is similar to UGFA proposal | e credited service limited to activities which contribute to the operations or public stature of the University. At the table, our suggestion that CAUT service should be recognized by P&T was met with incredulity. |
| UGFA Negotiating Position | Current Practice | Administration Negotiating Position |
|---|---|---|
| f The University acknowledges a continuing commitment to maintain the best possible climate in which to carry out academic and professional functions and to provide appropriate and necessary facilities and support services. | f The University acknowledges a continuing commitment to maintain the best possible climate in which to carry out academic and professional functions and to provide appropriate and necessary facilities and support services. | f no agreement to maintain this commitment. The University feels that it is too broad. |
| g secure individual/private office space, phone, phone mail, duplicating services, computer and necessary software, etc. | g current practice varies tremendously from department to department, but office and phone are normally provided | g University will provide facilities and support ‘within the framework of operating requirements’. The meaning of this phrase is unclear. In addition, the University will provide Members with office or workspace but no commitment that it will be private |
| h Academic freedom in teaching includes the freedom to select and use those teaching and support materials which a Member believes to be appropriate, including the freedom to use, or not to use, any specific technique or technology, including information technology. | h Current practice is as proposed by UGFA. |
h Administration failed to respond to this clause. |
| i A right to privacy in office, personal and professional communications, and files, whether on paper or in an electronic form. | i Present practice has no reference to privacy except with reference to confidentiality of personal files. | i Administration has not included such a clause in their proposal. Administration states that confidentiality of communications is governed by the “acceptable use policy” |
| UGFA Negotiating Position | Current Practice | Administration Negotiating Position |
|---|---|---|
| j Ownership shall rest with the Member who creates it. | j Under policy agreed to by , but not yet implemented, ownership rests with the Member | j see comments below. |
Comments
The University has agreed that all Intellectual Property is owned by the Members. However, this commitment is undermined by a series of exceptions. For example:
- rights may not extend to material created by a Member as part of specially assigned teaching or service duties;
- the University wishes to claim the right to use, for internal purposes, any intellectual property developed by a Member, when such Intellectual Property results from the use of the University’s resources and facilities;
- the University wishes to claim the irrevocable right to use materials created by the individual using University resources (course outlines, assessment, reports, etc.).
What does (iii) mean? Our understanding is that the Administration wants the right to use your course materials (DE or regular lectures) as they see fit.