CUPE3908: Issues arising from the exclusion of students in the Unit 1 CA's scope clause

Please enter a search term to begin your search.

CUPE3908

Post-funding Graduate Student Academic Workers

This page provides background for the discussion of the bargaining unit status of post-funding graduate students. Items in blue are quotes from our Collective Agreements.

Scope Clause: Unit 1 Collective Agreement, S.1.04 (Recognition)

.01 In accordance with OLRB Certificate Number 2967-84-R, dated June 20, 1985, the Union has been certified "as the bargaining agent of all part-time employees of Trent University engaged in the Province of Ontario in teaching, demonstrating, tutoring, or marking in the academic programs of the University, save and except employees in bargaining units for which any trade union held bargaining rights as of February 5, 1985, and persons who are registered students of the University [emphasis added]".

This means that Trent graduate students, regardless of their status as full- or part-time, and regardless of whether they are within their funding period, cannot be members of the bargaining unit.

PhD Student Instructors: Unit 2 Collective Agreement, Appendix F

The Unit 2 Collective Agreement does provide a mechanism for PhD students to work as Course Instructors in Appendix F, which states, in part, that

positions posted under the CUPE3908 Unit 1 Agreement that are not filled due to a lack of qualified applicants may be assigned to qualified Ph.D. students as a "Ph.D. Student Instructor" on a one-time basis.

The problem here is that, under this provision, any applicant--including external applicants and students from other universities--that meets the qualifications must be given priority over a Trent student. This is the case even where the Trent student has superior qualifications.

Other Universities:

McMaster: CUPE3906 (Unit 2) represents all Sessional faculty, regardless of student status. Hiring decisions are based on qualifications and seniority.

Carleton: CUPE4600 (Unit 2) represents all Contract Instructors, regardless of student status. Hiring decisions are based on qualifications and seniority.

Brock: CUPE4207 (Unit 1) includes TAs and Course Instructors in the same unit. Students are eligible to apply for and hold Course Instructor positions.

Guelph: CUPE3913 (Unit 2) represents all Sessional faculty, regardless of student status. Hiring decisions are based on qualifications and seniority.

York: CUPE3903 (Unit 2) includes all Contract Instructors, excluding full-time graduate students. Full-time graduate students can be appointed to Course Instructor positions in certain circumstances, but remain members of Unit 1.

University of Toronto: CUPE3902 is similar to Trent in that Students are members of Unit 1, and non-students are members of Unit 3. However, unlike Trent, hiring departments may choose to post Instructor positions to either bargaining unit.

Last modified: 23-Feb-13

No documents found.