Dear CUPE 233 Members,

Update on bargaining:

Your Negotiating Committee has yet to hear from the university with a better offer on pension bargaining rights and wages.

We are deeply disappointed that our employer does not believe we deserve fairness and respect in the workplace.

Unless we hear from the university at some point today to return to the table with an offer that addresses our needs, expect a strike starting tomorrow. All members on the night shift, please do not report to work tonight unless you hear from us with another update and instead participate in tomorrow’s strike.

Please check your email for additional information. Expect a call from a member of the Strike Committee as well.

Please stay tuned for further updates.

In solidarity,

Your Negotiating Committee

Custodial and maintenance workers at Toronto Metropolitan University (TMU) represented by CUPE are starting their first-ever job action this morning after the university administration failed to address the rising cost of living and inequality in the pension plan during negotiations.

“This is historic. We’re people who usually quietly work away at keeping the university clean and operating smoothly. It takes a lot to get us riled up,” said Jason Vigilante, president of CUPE 233. “But we can’t be quiet when the employer unilaterally changes our pension plan and makes it so we’re paying a higher percentage than faculty.”

The two sides have been in negotiations since September, and CUPE has made it clear from the beginning that the pension dispute and a decent wage increase were issues that would lead to job action if left unresolved. The maintenance and custodial workers are seeking pension bargaining rights equivalent to those contained in the faculty association collective agreement.

“This is an issue of basic fairness, and the faculty association is on our side in this. What TMU is doing is wrong,” said Vigilante. “The resolution to all this is very simple. The administration already recognizes these rights in the faculty contract.”

On Wednesday, CUPE Ontario and the Ontario Federation of Labour both stated they would fully support the maintenance and custodial workers.

“Enough is enough. It’s time for this university to practice what it preaches and treat its workers fairly,” said CUPE Ontario President Fred Hahn.

The local will escalate to full strike action on Monday if TMU does not address the concerns around cost of living and basic rights to bargain their pension.

It has now become common knowledge on our campus that three of the Unions representing TMU employees have been in difficult contract bargaining with the University Administration – CUPE, OPSEU, and the Toronto Metropolitan Faculty Association (TFA). One of the issues in dispute is pensions, this bulletin aims to provide some background on these pension disputes.

Recent TMU pension history

On November 4, 2020, the University announced publicly that they faced a requirement to increase contributions to the pension plan. This was because of changes to Ontario pension law requiring a larger cushion, which resulted in a new valuation that revealed that plan costs had moved higher than the combined contribution rates by about 0.8%. However, their description of the consequences was highly misleading. As they put it in a website statement:

Contributions to the plan need to increase in order to meet regulatory requirements. As a result, member contribution rates will increase by about 0.4%.

This was very misleading because the pension plan does not require member rates to change when the cost goes up in this way. This additional cost is an employer-only liability under the terms of the plan and pension law.

Rather than engaging in a proper negotiation with the Unions over the increased employer pension obligations, the University Administration chose to unilaterally impose a member rate increase on all participating employees on January 1, 2021. They did this without respecting the prior history of negotiating over such contributions. The TFA filed a grievance over this action, arguing that it violated both past practice and their collective agreement. In April 2022 an independent grievance arbitrator issued a ruling that found that the University Administration had violated the TFA collective agreement and ordered that they remedy their mistake.

With this serious legal sanction the University Administration should have quickly returned the contribution rates for all plan members to their prior level. Instead, in December 2022 they chose to restore the prior contribution rate only for faculty association members and left the rates of the members of CUPE and all other non-faculty employees at the higher level. As a result, for the first time in the history of the plan the University Administration has effectively imposed a two-tier pension structure with different contribution rates from different plan members – for the same level of benefits.

This unequal funding structure is a direct result of the Administration’s unwillingness to respect a consistent past practice of fairly negotiating over such issues with all of its Unions. This is also the reason that both CUPE and OPSEU brought proposals into the recent contract negotiations – to ensure that their members have the same security and bargaining rights over pension issues as faculty colleagues.

CUPE and the TFA view collective bargaining over our pension plan as a fundamental right. We know that such rights are a basic standard for nearly all pension plans of the same type at other Ontario universities. The wages of CUPE members may be lower than other categories but our work is equally vital to the success of TMU students, staff, and overall operations.

The Danger of Employer Control: TMU’s secret credit account

In the midst of the recent contract negotiations we obtained a copy of a new actuarial valuation report for the pension that was filed with provincial regulators this past December. This valuation report describes the current state of the pension plan. There were two key details in this valuation that have provoked serious concern for all three of our Unions. First, under this report the minimum required funding level has been adjusted downward by more than 1.3% of payroll. The University Administration chose to quickly file that valuation with government regulators without any formal discussion with the Unions about its content. The reduced required funding level was, in fact, an opportunity to return the contribution rates for both the employer and the plan members to the level it was at prior to the contested rate increase in 2021.The Administration did not even raise this possibility with us.

But, it gets worse. On closer analysis, we also see that since 2017 the University Administration has been quietly directing its actuary to track any dollar amounts contributed to the plan that are above the minimum required level as an employer “overcontribution” to an obscure mechanism known as a “Prior Year’s Credit Balance” (PYCB) account. Through this scheme the University Administration is building up a “credit account” from which they can draw contributed funds back in the future through an employer-only refund known as a “contribution holiday”. Of course, doing so would ignore the fact that members were also contributing more than was legally required and provide no equivalent credit to them. As of March 31, 2022 this PYCB credit account held over $8 million and, with the new lower cost level now reported, the “overcontribution” discussed above is adding millions more to the employer’s credit account every year.

This practice of recording an employer-only “PYCB” credit has never been raised by the Administration with any of its Unions. It is simply outrageous. The TMU pension fund and all contributions made to it belong to plan members – not the University. It is entirely improper for TMU to even consider the use of such a refund mechanism and it raises very serious questions about the lack of good faith negotiation over the new valuation report and its
implications.

These practices are completely unacceptable to us and we are determined to protect our members’ interests on this issue.

Resolving the Pension Dispute

The good news is that the disputes described above can be resolved very quickly with a commitment by the University Administration to respect the pension bargaining rights of all of its Unions – at no immediate cost. We are all fully prepared to negotiate a new framework for a proper pension advisory committee that works for us on the basis of mutual respect and an end to the Administration’s unilateral moves to change our pension plan without our agreement.

Having said that, CUPE and TFA are also prepared to use the collective bargaining process to defend our rights to bargain and to protect the terms of our pension plan. We stand ready to bargain a resolve to these serious issues.

Update for Thursday, April 6

We acknowledge that OPSEU 596 has reached a tentative settlement. The pension framework that was agreed to at their bargaining table as we understand it does not address our issues of fairness, bargaining rights, and unilateral employer control over our pension plan.

CUPE 233 and TFA will pursue these priority issues at our respective bargaining tables.

In the event that the Administration refuses to respect our rights and reach a fair resolve to these concerns, CUPE is fully prepared to exercise our right to withdraw our labour as of the mandated deadline of 12:00am on Thursday, April 13. TFA supports CUPE in its efforts, and CUPE in turn fully supports the TFA in its pension bargaining agenda.

Last Update: March 30, 2023

General

What happens if we go on strike?

In the event a strike becomes necessary and is called by your Negotiating Committee, every CUPE 233 member will be immediately contacted with a notice that we are on strike. You will have been assigned a picket location and picket captain in advance.

In the event of a strike, it is crucial that every CUPE 233 member stops reporting to work and participates to make the strike as strong as possible.

You will be assigned strike duties such as picketing and leafleting (more on this will be sent at a later date).

What if TMU uses replacement workers to do our usual work duties?

CUPE 233 takes the position that no bargaining unit work ought to be done in the event of a labour disruption, and will take the position that the university must not employ replacement workers, also known as “scabs” or strike-breakers, to do your work, except for emergencies and health and safety situations that require a response.

A scab is a worker who engages in any strike-breaking activity or works for the employer during a legal labour dispute. Doing this is the worst form of anti-union activity. Crossing a picket line shows complete disrespect for co-workers and the democratic decision that the membership has made to go on strike.

How long will a strike last?

The more united and well-organized we are, the shorter the strike will be. The most important part of winning a strike is for each and every member not to report to work, and instead to participate in the strike. We only need to withhold our labour one day longer than the employer can function without us.

Will I get in trouble for participating in a strike?

You have a protected legal right to strike. Management cannot legally discipline members for supporting their union. Your union representatives will support you if any such action is taken by management.

Strike Pay and Benefits

Do I qualify for strike pay?

In the event of a strike, to qualify for strike pay you need to:

• Be an active, dues-paying CUPE 233 member.
• Have completed the Strike Pay Form (more details will be shared at a later date).
• Participate in strike duties as assigned by your strike committee (more details will be shared at a later date).

How much is strike pay?

Strike pay is a maximum of $300/week for performing 4 hours a day (20 hours a week) of strike duties. Strike pay is not taxable income. Strike pay will be provided by cheque to you most likely by your picket captain.

What happens to my benefits in the event of a strike?

The CUPE Strike Fund will pay both the employer and employee share for the existing level of benefits for all members participating in the strike. Therefore, your existing level of benefits are expected to continue as normal.

What if I am on vacation when the strike starts?

If you are on approved vacation prior to the time the strike begins, TMU should honour the remainder of your approved vacation. However, you are encouraged to cancel your vacation and participate in the strike because the stronger the participation, the more likely that a fair agreement will be reached. Once the strike begins and until it ends, you cannot go on vacation.

What happens if I am on sick leave/short-term disability when a strike starts?

If you are on approved sick leave/short-term disability prior to the strike your sick leave/short-term disability benefits should continue.

Am I eligible for Employment Insurance (EI) sickness benefits during a strike or lockout?

Maybe, if you can show that your leave was anticipated and arrangements for it were made prior to the strike. If you were on short-term sick leave before the strike that may demonstrate that your leave was anticipated. If your sickness wasn’t anticipated or starts during the strike you will not qualify for EI sickness benefits.

Strike Duties

What are strike duties?

Strike duties include activities like picketing and leafleting and some other support roles as determined by the strike committee. Normal picket shifts are four (4) hours per day, five (5) days per week, Monday to Friday. Members are asked to complete one 4-hour shift a day for a total of five shifts a week (20 hours). Members who are unable to perform a minimum of twenty (20) hours per week of picket duty could be eligible to be paid a prorated amount of picket pay, based on hours picketed if approved by the Strike Committee.

You will need to ensure that you sign in and out of your daily strike duty shift with your assigned picket captain so that your hours are recorded.

Can I perform a double shift of 8 hours a day?

For the strike to be effective, members need to be on the picket line every day. If you need to request a different schedule as an accommodation in your Strike Pay Form, please contact us and the Strike Committee will review and approve it on a case-by-case basis.

What happens if I get sick during the strike and cannot fulfill my strike duties, will I receive strike pay?
If you are sick and cannot report to your strike duties, you should contact your picket captain who will communicate with your Strike Committee. You should not picket if you have COVID or other symptoms of illness as you could potentially make other members sick. However, as soon as you are well again you should return to picket duties. If you are sick, you will receive strike pay for your missed shift, if you can provide reasonable proof of illness.

If you have any questions or concerns that haven’t been addressed in the above FAQ please contact cupelocal233@gmail.com.

Dear CUPE 233 members,

UPDATE ON BARGAINING

The employer and the union have agreed to hold April 12, 2023 for mediation before our expected strike deadline. If the parties meet sooner than April 12, we will notify the membership.

INFORMATION PICKET AND RALLY FOR CUPE 233 AND OPSEU 596: OUR SOLIDARITY ACTION HAD AN IMPACT!

Great news – we got a good turnout of CUPE 233 members at our joint information picket yesterday afternoon asking the university to address our needs for pension fairness and inflationary wage increases in bargaining. We were joined by OPSEU 596, CUPE 3904, TMAPS, and TFA representing the TMU labour and student community, and got some earned media coverage about our bargaining. Thank you to all CUPE 233 members that showed up to this event.

A copy of our letter from the TMU campus coalition to the TMU Board of Governors (BoG) that was sent yesterday morning before our info picket and the next BoG meeting has been posted on our local website.

TAKE ACTION: SIGN AND SHARE OUR PETITION

Help us keep the pressure going by signing and sharing the link to our e-petition with your friends and family and encourage them to do the same.

https://cupe.on.ca/cupe233/

STRIKE FAQ

Please check the local’s website for an updated Strike FAQ. If members have any additional questions, please email us at cupelocal233@gmail.com.

Please stay tuned for future bargaining updates.

In solidarity,

Your Negotiating Committee

 

Dear Mr. Staffieri, President Lachemi, and the TMU Board of Governors:

Re: Letter to TMU’s Board of Governors Members from TMU’s Campus Coalition to Bargain a Fair Agreement with CUPE 233 and OPSEU 596

The members of TMU’s Campus Coalition are writing to you today to express our support for CUPE 233 and OPSEU 596 who are currently in negotiations for pension fairness.

As you may be aware, it was determined in April 2022 by Arbitrator Wilson that TMU violated the TFA collective agreement when, in January 2021, the university unilaterally increased the pension contribution rate by approximately 0.4% for all members of the Ryerson Retirement Pension Plan (RRPP). The result of Arbitrator Wilson’s award was a reversal of the pension contribution increase for faculty members, but not for CUPE and OPSEU members. This means that both CUPE and OPSEU members are contributing almost half a percentage more than faculty for the same level of pension, even though CUPE and OPSEU members are among the lowest wage workers on campus.

This inequity in the pension contribution framework at TMU is unacceptable and will not be tolerated.

Job action is the last resort. As the TMU’s Board of Governors, you have the ability to prevent this from happening. We call on the university to negotiate a settlement with CUPE 233 and OPSEU 596 that is equal and fair for all unions representing members of the RRPP and avoid a labour disruption on campus.

Union bargaining rights over member pension contribution rates is a broadly established standard at universities with similar pension plans in Ontario. There is absolutely no justification for TMU to deny CUPE and OPSEU members this province-wide norm in the province particularly now that the Faculty Association has successfully defended this right on the TMU campus. CUPE members and OPSEU members deserve nothing less. All three unions, CUPE, OPSEU, and TFA, agree strongly that the unions at TMU have the right to collective bargaining over pension provisions. In the context of the employer’s recent unilateral actions with respect to our pension plan, the three unions have pledged to support each other in securing these rights and welcome the broader support of our campus-wide student-labour coalition.

As an institution that aspires to be a leader in research and innovation among Canadian universities, we urge you to take a step in the right direction by ensuring pension fairness and respect for the dedicated staff and valued members of the university community.

Sincerely,
The TMU Campus Coalition,
TFA , CUPE 233 , OPSEU 596, CUPE 3904 and TMAPS