March 1, 2006

UGFA response on Mandatory Retirement

Yesterday, you will have been sent an electronic memorandum from the Vice-President (Finance and Administration) concerning the University’s response to Bill 211, which was passed on December 12, 2005, and which eliminated mandatory retirement effective December 12, 2006. Early last year, when it became apparent that this legislation was likely to be passed by the provincial government, the UGFA initiated discussions with the administration on matters concerning the impact on the University of the elimination of early retirement and other matters concerning the transition of faculty and librarians to retirement.

UGFA’s position is that mandatory retirement should be eliminated immediately, and we were given some indication that December 12th, 2005 would be allowed as the effective date for the end of mandatory retirement in this institution. However, the University Administration has made a decision to wait until they are forced by law to eliminate mandatory retirement, on December 12th 2006.

After mandatory retirement is eliminated on December 12, 2006, people can choose to continue working after they reach the age of 65. The salary and benefits they receive after that date needs to be determined. Hopefully, with the support of faculty and librarians, UGFA and the administration will come to agreement on this matter. However the Special Plan Agreement is woefully silent on the process to be followed when the administration and UGFA disagree. An assumption would be that the status quo remains – however, when there is no existing agreement, the status quo does not apply. We are exceedingly uncomfortable with an assumption that the university administration can impose anything they feel is appropriate.

The contract between the faculty association and the administration (The Special Plan Agreement) only addresses negotiations in the context of the usual negotiations for salary and benefits that occur every one or two years. All other aspects of terms and conditions of employment – such as transition to retirement - are “discussed”, not negotiated. If no agreement is reached, then there is no dispute resolution mechanism. There is nothing in our Special Plan Agreement that gives us the right to make them do otherwise. This is obviously a matter of substantial concern to the faculty and librarians who constitute UGFA, both for this specific issue and for other matters.

We will keep the faculty informed of any information we have on these matters, and are open to your comments and questions.