In March, CUPE 3903 secured a meaningful victory in arbitration. As a result of this win, the Employer has conceded on the policy grievance on the same matter, thus protecting Unit 1 members’ contracts if they must take an unexpected leave from full-time studies.
To recap, this case concerned article 12.08.2 of the Unit 1 collective agreement, which allows members to complete a contract they had already started if they lose their full-time student status. The question was whether this applied in cases where a member had to take a leave of absence for medical reasons. The arbitrator was very clear that the employer’s reasoning —that the member didn’t “lose” their full-time status but rather “gave it up” by going on a medically necessary leave —did not make sense. This was especially vindicating in a context where York University has been taking an increasingly aggressive stance against the human rights of graduate students, for example by denying funding extensions to members with disabilities.
We are pleased to see that the employer will not deliberately delay and waste yet more money, in a time of deep financial precarity, by arguing the policy grievance on the same subject. Rhonda Lenton’s York administration has shown a willingness to spend whatever it takes to prevent their employees from accessing and defending their collective agreement rights, while also claiming that the financial condition of the University is such that cuts must be made across the board. It is therefore frankly surprising, but very welcome, that they have agreed that the arbitrator’s position on the individual grievance applies to the policy grievance as well.
In practical terms, this means that all Unit 1 members who unexpectedly require a leave of absence due to medical or family circumstances are now empowered to finish their contracts, as the collective agreement intended.
Arbitration is a long process: this grievance was originally filed in 2022. It can feel overwhelming to take on a fight against York and its seemingly endless legal budget when it comes to denying grievances. Yet, this case shows that, when members are in a position to see them through, these fights can be won, both for individuals and for all members. Onwards to the next victories!
If you are a Unit 1 member who has had a contract cancelled part way through the contract term due to a change in your student status, you may be eligible for a remedy. Please contact Nadia at equity@cupe3903.org to find out more!