Friday marked 39 days since TAs, GAs, and Contract Faculty hit the picket lines • Copyright Steve Russell / Toronto Star

Today is the 40th day of a strike by Units 1, 2, and 3 of CUPE Local 3903 at York University, and there’s no end in sight for the near future. If you’re reading this later and are wondering how long it’s been, The Globe and Mail has been keeping track.

Over 3 000 employees hit the picket lines on March 5, blocking entrances and causing chaos for the University’s 50 000+ undergraduate students. But the union isn’t the sole reason for chaos and confusion.

The administration’s response to the disruption has been unorganized and at times nonsensical. Before the strike even began, Vice-President Academic and Provost Lisa Philipps issued a statement declaring that “Acting in the interests of our students, all classes that can continue will continue,” contrary to what current president and then-provost Rhonda Lenton said to the Toronto Star in 2015 (it’s only fair to cancel all classes because “there is potential for confusion when some classes are cancelled [taught by CUPE 3903 members] but others are not [taught by tenured faculty members].”)

The confusion and bad handling continued at a Special Senate Meeting held on March 8th, that was previously written about here and live-threaded on Reddit here. The Chair ruled to defer a motion to cancel classes based on Senate rules, leading to half an hour of argument followed by a lengthy discussion of whether or not Senate had jurisdiction to cancel classes, with Points of Order being consistently raised, protesters yelling in the background, and no decision being made, referring the issue to the Senate Executive Committee (SEC).

March’s Special Meeting was held in Senate Chambers, meaning that entry to guests was denied due to space restrictions. Protesters instead waited in the hallway and yelled through the doors • Copyright YFile

Here’s a brief timeline of what’s happened between then, and Thursday’s SSM:

March 8: SEC confirms extensions to course drop dates for Winter (W) courses.

SEC confirms extensions to course drop dates for Winter (W) courses. March 19: SEC releases a document titled Completion of Courses and Finalization of Grades. Students are confused as to what exactly these options mean, and faculty are unable to address questions as they haven’t received clear direction from their superiors

SEC releases a document titled Completion of Courses and Finalization of Grades. Students are confused as to what exactly these options mean, and faculty are unable to address questions as they haven’t received clear direction from their superiors March 20: The two sides meet at the bargaining table for the First time since Feb 28. Talks break off and as of publishing haven’t resumed

The two sides meet at the bargaining table for the First time since Feb 28. Talks break off and as of publishing haven’t resumed March 21: CUPE files a ULP complaint against York. The case was to be heard on April 3rd but is deferred as M Michael Schiff, accused of registering cupe3903.com and redirecting web traffic to York’s labour website can’t be served

CUPE files a ULP complaint against York. The case was to be heard on April 3rd but is deferred as M Michael Schiff, accused of registering cupe3903.com and redirecting web traffic to York’s labour website can’t be served March 22: York’s Senate holds its first regular meeting since the disruption began. Two hortative motions are voted on: To suspend classes at Glendon (failed) and To confirm that Senate and the Senate Executive Committee “has the authority to direct and determine that classes be suspended on the basis of academic integrity” (passed). After the Senate meeting, a group of students stormed Senate Chambers and started occupying the space. The occupation is ongoing.

York’s Senate holds its first regular meeting since the disruption began. Two hortative motions are voted on: To suspend classes at Glendon (failed) and To confirm that Senate and the Senate Executive Committee “has the authority to direct and determine that classes be suspended on the basis of academic integrity” (passed). After the Senate meeting, a group of students stormed Senate Chambers and started occupying the space. The occupation is ongoing. March 26, 2018: CUPE publicly calls on York to return to the Bargaining Table.

CUPE publicly calls on York to return to the Bargaining Table. March 27, 2018: York requests an online Ratification Vote for their latest offer, turning down CUPE’s request to bargain.

York requests an online Ratification Vote for their latest offer, turning down CUPE’s request to bargain. April 6–9, 2018: Members vote on whether to ratify the offer. Units 1 and 2 vote to reject the offer by 86%, while Unit 3 rejects the offer by 98%

Members vote on whether to ratify the offer. Units 1 and 2 vote to reject the offer by 86%, while Unit 3 rejects the offer by 98% April 12: CUPE holds a Press Conference at Queen’s Park and again asks York to return to the Bargaining Table.

CUPE holds a Press Conference at Queen’s Park and again asks York to return to the Bargaining Table. April 12: The Second SSM relating to the strike is held. This is discussed below.

The Second SSM relating to the strike is held. This is discussed below. April 13: The Minister of Labour invites a one-man commission to investigate and report back to him on the status of the disruption. He has 3 weeks to do so.

April’s SSM was held in Stedman Hall D (not pictured above). The larger space allowed community members to spectate. A relaxation of Senate rules also allowed them to speak. • Copyright York Department of History

It took 644 tries, but finally Senate was open and accessible to members of the community. YUFA members, Admin, and students alike noted this positive change and expressed hope that it would continue. A motion to move senate into “Committee-of-the-Whole” (a procedural motion where Senate rules are relaxed) was passed, along with a motion to allow non-senators to speak. This resulted in a collegial discussion among the members of the room that was much more productive, respectful, and inclusive than March’s SSM. There were three items on the agenda in total. Both the binding motion and hortative motion passed.

I will be posting and explaining some of the points raised, below. I will not be naming Senators as I wasn’t able to capture the names of all who spoke. If you’re not interested in hearing what was said and the subsequent analysis, skip past the picture of Vari Hall below.

*I’ve separated speakers by bolding the first word of the appropriate paragraph*

The first speaker is a CUPE rep. After thanking Senate for choosing a location that is acceptable to others, he brings up the expenses disclosed by the yorked.tk website, and asks what “Business as usual” means to the university. He explains that it must mean, among other things, having police detain people using rubber bullets, failing to disclose threats to public safety (possibly referring to the fact that it took 2 days for a Security Bulletin to be issued after an armed robbery in the Lassonde Basement), bad maintainance, pest infestation, spending money on misleading advertisements, fake websites, intimidation of community members, reinterpretation of the York Act, 1965, and providing the Ministry of Labour with fake employee info ahead of the supervised vote. After calling President and Vice-Chancellor Rhonda Lenton corrupt and incompetent, the chair says that it’s beyond Senate purview to discuss negotiations.

A screenshot of the yorked.tk website. The operator of the website has been leaking “dubious” expense reports from President Lenton over her career at York, since the strike began. The owner of the website is unknown.

A Senator then argues that it is, in fact, Senate’s business when a disruption destroys Academic Integrity and the Senior Admin refuse to bring themselves to an agreement. “It’s our fundamental mandate to salvage the semester and anyone who says otherwise is incompetent or unwilling, doesn’t matter which.” They also note that students haven’t received what they paid for. “ One side has urged the other to come back to the table and the other has refused to do so. Don’t tell me it’s not my business.”

Someone then speaks positively of the options provided, explaining that a variety of students with a variety of needs attend York however SEC has given them the tools they need to complete the term.

The next speaker is a senator: “Without referring to the strike, this is about the academic system of the university. All other administrations have made compromises to bring the strike to an end. We must compromise that’s what bargaining is.” He then makes mention of the idea to set up a committee to deal with the issues of York’s bi-governance in response to the so-called “Jurisdictional Crisis” (which I will address in the future) and notes that the suggestion is potentially problematic as the SEC acts like the Board of Governors. No elaboration was given, but in my opinion the composition has to be known before any potential issues can be discussed.

An international student shares his story with the room. He ends on a short but powerful point: “As an international student I care about labour relations because I don’t have the luxury of not caring. I certainly want to go home, but I can’t…”

He raises an important point. While everybody is impacted in some way, international students face unique issues and added stress as a result of disruptions. This sentiment is echoed by other international students who speak later on.

SEC member explains that SEC is preparing a report and needs feedback on a new remediation option: the option for a Pass/Fail grade if a student has completed 50% of coursework with a C grade. There is little discussion but reaction is negative.

Members of the Senate Occupation made their way to the meeting and the first of them addresses Senate. She argues that students can’t convince the University to do anything because they don’t care. “You’ve met once to provide an ultimatum to pretend you’re running as usual. No amount of talk can convince what’s usual or not.” She ends by saying that arbitration is a last resort when you can’t come to an agreement, accuses the admin of making every effort to concentrate power in the Board of Governors, and demands full refunds with credits.

I’m not going to get into my opinion about full refunds with credits for everyone, but I’d like to do some math, the result of which will be lower than the real number as I can’t address varying tuition prices for different faculties and domestic vs international students. To refund 50 000+ students, say, $6 000 for Year and Winter courses) would cost $300 million. Expenses still need to be paid and any monetary loss would have to be made up for.

A number of Senators express concern at the 50% option, and are confused as to whether this would apply to major/minor courses (no response). “If a nursing student completes 50%, should they be accredited?”

A unit 2 member here since 1974 says that this strike is by-far the worst managed.

YFS President Rawan Habib speaks and thanks Senate for allowing discussion. She is followed by a senate occupier asking why they needed to occupy chambers for a voice.

An Osgoode Senator speaks in support of Lenton, saying that she is outspoken for the benefit of students. He expresses his support for the 50% option and is followed by another who says the same.

President Rhonda Lenton takes the floor. “I wish we could stop saying SEC is bad and doesn’t care,” she says, noting that “CUPE is informed by principles but so are we.” She then pushes for arbitration saying that we need someone else to settle our differences, and noting that admin are trying their best but can’t please everyone. She also notes that posters have been put up at her house, and that she “saved one.” She is heckled by an audience member yelling “withdraw concessions!” She sharply responds “There are no concessions!” She ends noting that there is risk for the employer to go to a third party as well but they’re willing to take the risk.

Standing directly behind the President waiting to speak, it was clear to me that she was getting frustrated. While she and the rest of the admin may be unfairly targeted by CUPE, CUPE is being unfairly targeted by York. Worst of all, undergrads are being unfairly targeted by both sides under the guise of caring about them.

Faculty member and Senator who brought up the motion at the last SSM to cancel classes speaks. Main takeaway: “Senate jurisdiction should be discussed by Senate, not Executives.

I speak, and address 4 main points. 1) Many students were disappointed at the unprofessional conduct of the last meeting where semantics and procedures were discussed rather than the issue at hand; 2) with the amount of strikes York’s had, there’s no reason why policies/procedures/precedent aren’t being followed other than to suit the admin; 3) options provided for remediation are unclear to students and they can’ get proper answers from authorities leading them to ask each other and often receive misinformation, and; 4) it’s been 38 days and York’s negotiated once. A bargaining impasse can’t exist without bargaining and York has been avoiding bargaining at all costs. Expense claims, water bills, and governance needs to be addressed but not right now as the focus needs to be on bargaining. “Talk about the leafs, talk about the weather I don’t care — but at least make the effort to sit at the table.”

Another undergrad speaks, and says they “can’t believe her (Lenton’s) motives are genuine when her salary is high.”

Again, I’m not debating whether Presidential salaries are too high, but Lenton’s salary isn’t far off from other University Presidents.

Comparison of Presidential Salaries for 5 Ontario Universities. Note that Mamdouh Shoukri and Rhonda Lenton were presidents to and from July 1 2017, respectively. • Copyright Kosta Zoes

A conversion appointment speaks. She explains that conversions are seen as second-class professors in spite of the fact that they are incredibly dedicated and have been here a long time. “Our CVs are equal or better than outside hires”

CUPE Unit 1 BT member: “Bargaining has alienated us and we haven’t received concrete responses to our issues. I don’t feel like I belong to this community”

PhD candidate: “Chancellor Greg Sorbara (notably absent) advises the Liberals. You’re holding out for BTW legislation.”

Another international student addresses the President. “Nobody asked for a strike more than you by cutting 700 jobs. Rolling back the conversion program is, in fact, a concession. Stop telling us ‘you don’t need jobs, this is better for you’.”

Vari Hall, like other parts of campus, has been noticeably emptier since the disruption began. • Copyright Wikipedia

The meeting concluded with a hortative (non-binding) motion regarding negotiations, as follows:

that Senate urges both sides in the labour disruption to immediately return to the bargaining table and take the necessary steps to settle the dispute as soon as possible.

The motion was in order and after discussion in favour and against, it was passed 63–28 after a paper ballot vote. The meeting was adjourned, and the President and Senior Administration immediately left to return to Kaneff Tower.

So, what was really achieved here? An unenforceable motion was passed, the community spoke, and a non-binding motion expressing an opinion was passed. No real rules or policies were introduced, leaving us in the same position as we were in before. The meeting and discussion was a step in the right direction, but failed to fully address issues raised by the community. Both sides remain far apart and in the near future, there is no end in sight.

On Day 39, Minister of Labour Kevin Flynn appointed William Kaplan to spearhead a commission to investigate the issues at hand in the labour disruption and report back no later than May 4th, 5 days before the writs drop for the election. While it’s sensible to think that the government would be hesitant to introduce BTW legislation in the middle of multiple legal challenges and a looming election, ignoring Kaplan’s advice if he recommends legislation be introduced to end the strike and refer the parties to arbitration would not bode well with voters.

Comparisons to the OPSEU college strike are like comparing apples to oranges. While both strikes shared common issues such as pay increases, academic freedom, and job security for an ever-increasing percentage of part-time and contract faculty; they are indicative of systematic issues in the post-secondary sector and should be addressed by the Province after the disruption concludes. The OPSEU strike affected 500 000 students (nearly ten-times as many as York) across 24 institutions province-wide and was under constant media scrutiny at a time when the election was in the distance and Ontario’s political landscape was vastly different (what a difference mere months can make). While of course there has been media coverage of this Strike, it certainly isn’t the same.

This is now the fourth-longest strike York has faced, and it’s all but certain it will reach number three. Every day the strike continues, the more damage the University’s reputation receives, courtesy of both sides. Prospective undergrads are being scared away by the fact that they’re likely to experience one or more disruptions during their degree. Prospective graduate students are opting to go elsewhere either because they feel that their values or beliefs don’t align with either the admin or the union. International students, who are often among the brightest in their fields due to the intense competition to get accepted into their programs are going elsewhere to deal with less stress and less baggage from the York name.

Whether you’re a grad, undergrad, alumni, administrator, faculty member, or other community member, it’s in our best interest to preserve the nearly 60 year-old York University name as a World Class institution for higher education. The union and administration need to put aside their differences, stop trying to one-up each other, and do their part.