CUPE 3903 Files for Conciliation & Demands Protections for Workers Against AI & Poor Air Quality
Conciliation and Bargaining
The Union told the Employer on September 22 that, given members’ dissatisfaction with the pace of bargaining, we would recommend membership file for conciliation. Members approved that step on September 24 at the General Membership Meeting, and we filed the request the next morning. The Employer said it did not expect to object to conciliation, and like us, wanted bargaining to continue in the meantime.
What is conciliation?
Filing for conciliation means we have asked Ontario’s Ministry of Labour to appoint a conciliator that acts as a neutral third-party mediator to help the Union and York reach a negotiated collective agreement. It does not end bargaining, and it does not mean a strike is imminent. While filing for conciliation does start the clock on a legal strike position being possible, we can continue negotiating throughout the process.
Requesting a conciliator is a way to facilitate the negotiations proceeding effectively and assist the parties in getting closer together on items where their priorities are far apart. If conciliation does not produce an agreement, multiple further legal steps — including a “no-board” notice, a waiting period, and a separate strike vote — would be required before a lawful strike could occur.
For more information on how the bargaining process can unfold, check out this webpage: cupe3903.org/news/bargaining-stages
Health, Safety, and AI
The Employer presented a substantial counterproposal to our health and safety language. It accepted parts of our proposal, but important protections remained contested, including those on indoor air quality, specifics of when workers receive training information, and the resources and role of Joint Health and Safety Committees (JHSCs).
On September 25, we pressed the Employer on its refusal to put an indoor air quality commitment in the collective agreement. We asked how the Employer determines whether its own standards for air quality are being met and what routine testing takes place. Employer representatives equivocated on whether routine testing takes place, and then said they needed to check the details of current testing and maintenance practices. Our concern is that poor air quality, such as high levels of CO2, can be difficult for workers to detect or identify as the cause of a problem. The Bargaining Team will continue to seek clear, enforceable protections rather than relying only on reports produced after a hazard has already affected people.
AI was another major point of disagreement. The Employer has so far offered only further discussion through an ad hoc committee, but with pushback from our Bargaining Team, the Employer said it intends to respond to our proposal. We made clear that a future committee with no power or meaningful benchmarks cannot substitute for actionable protections concerning tools that are already in use. At our request for information about York’s internal accountability framework around its use of AI, the Employer provided a bibliography of AI-related policies and guidelines. We are however still seeking the substantive answers needed to bargain this issue. York must bring concrete proposals on this urgent labour and environmental issue to the bargaining table.
Hiring and Workplace Rights
We challenged the Employer’s revised proposal on informal evaluations. After our September 22 discussion, the Employer removed language explicitly linking an informal evaluation to a formal one. That change responds to one concern, but its proposal would still give the employer control over selecting the evaluator — and would eliminate all CUPE 3903 members as possible evaluators. Moreover, this loss of a more collegial process, and the denial of the expertise of 3903 members would be concessions for our members. The Employer also proposed language on marking deferred exams and assignments after appointment end dates. We raised the possibility that members, especially TAs, could be expected to perform work months after a contract ends, without clear arrangements for notice, availability, or pay. The Employer said this was not its intention and agreed to reconsider the language.
On the issue of Unit 2 search and selection, the Employer proposed December 1 notification rather than our October 1 date. We explained that earlier notice gives members more time to prepare applications and asked the Employer for a specific reason it cannot meet our date. We were told that December 1 would be consistent with other dates they have offered, which we countered by pointing out that consistency could also be achieved by providing October 1 dates to relevant articles. The Employer agreed to take away that concern. The Employer also agreed to add total contract hours to appointment information, though we remain apart on how and when new employees receive health and safety information: we prefer that information in the offer of employment letter. We believe new and returning members have the right to be informed on the importance of health and safety as a commitment, not an afterthought.
We continued to challenge the Employer’s approach to Unit 2 hiring under Article 12.04.1 — the “hot shot clause” that allows the Employer to override seniority in “exceptional circumstances”. We have been seeing appointment abuses of that limited provision. the Employer proposed annual reporting on use of the “hot shot” clause, but an annual total does not let us examine an individual appointment when it happens and grieve if necessary. Our position is that Article 12.04.1 is unacceptable as it exists currently.
We also rejected Employer language on discipline that could leave room for anonymous online comments to influence a process without adequate disclosure to the member and Union. We remain willing to discuss wording that actually safeguards fairness. We rejected strict member response deadlines to contract offers where the Employer itself has struggled to meet existing hiring timelines.
Funds, Equity, and Next Steps
We continued to seek answers about the PhD Completion Fund. The Union has filed a grievance that concerns past administration of the fund, including approximately $54,000 that appears to have gone unused over three collective agreement years and should be returned for distribution to members. The Employer suggested holding the grievance in abeyance during bargaining; we explained that negotiating future language would not, by itself, resolve past issues.
At the September 25 meeting, we raised a more immediate access problem for Unit 1 and 3 members who may have difficulty completing the separate award application and needs assessment in York’s Financial Aid, Awards and Scholarships (FASS) system and may be deemed ineligible if the needs assessment is incomplete. We have asked the Employer to consider ways to ensure that a needs assessment does not itself continue to be a barrier to accessing funding support. With the next application deadline approaching, we asserted that this next round of adjudication must include more input by the Union, while we contemplate a larger fix.
We declined the Employer’s proposal to place a land acknowledgement in the collective agreement. Our objection was not to land acknowledgements themselves, but to treating words as a substitute for material commitments. We asked again about our proposal for Indigenous ceremonial leave; the Employer said it remains under consideration. The Employer’s bargaining team has explicitly committed to Decolonizing, Equity, Diversity, and Inclusion (DEDI), yet its proposals have not reflected that commitment or met the stated criteria. Until they do, that commitment remains rhetoric rather than action.
We welcome every member to take part in shaping our bargaining priorities. Check the CUPE 3903 calendar for details about attending an open bargaining session or Bargaining Team meeting or email us at bargaining@cupe3903.org to tell us what you need from this round of bargaining. Your input helps us direct what we fight for at the table!
In solidarity,
CUPE 3903 Bargaining Team (Units 1, 2, & 3)
bargaining@cupe3903.org
Click here to read previous BT reports, and check the calendar for upcoming bargaining-related happenings.