Last month, CUPE 3903 received a favourable preliminary award in an arbitration regarding 7th year extensions on the basis of disability. This award is a step in the right direction, as the employer introduced objections to try to prevent the case from being heard at all. Nonetheless, we are disappointed in the delay that the Employer has caused, the unnecessary expense introduced, and the ongoing impact on our members.
For context, this arbitration concerns 6 members who were denied a full-time priority pool extension on the basis of disability and/or family status grounds. The employer raised a preliminary objection that the whole case should be thrown out because York never had the right to negotiate extensions with CUPE 3903, as it is an academic matter for the Senate to decide. These provisions have been in the Unit 1 Collective Agreement for decades.
Arbitrator Hart, for the most part, sided with the union in finding that the case can indeed be arbitrated. We are pleased that the case can go forward and be heard on its merits, but we are disappointed that this objection has delayed an already very long process. The members who are affected by this arbitration have been waiting for a resolution since Summer/Fall 2024. The case will now proceed in October 2027.