is a labour union
local representing sessional lecturers
and teaching assistants
(TAs) at the University of Toronto
CUPE 3902 is the first graduate employee union to receive certification by a Labour Relations Board in North America. Prior to the certification by the Ontario Labour Relations Board in 1973, graduate employees in Canada had no representation in negotiating the terms and conditions of work. As of 2006, most graduate employees in English Canada have been organized. The graduate employee movement represents the largest change in workplace relations at universities in the 20th century.
In 1973, the University administration recommended a 6% salary increase for all academic staff except TAs. The Graduate Students’ Union (GSU) tried to get the University Administration to bargain with them, but the Administration refused. And so, on June 6, 1973 a group of 7 TAs met to form what became CUPE 3902. Together with a band of volunteers and with the financial support of the GSU, they organized to form a trade union, the first for student academic workers in Canada.
Prior to certification, there were some 444 pay categories for TAs at the University of Toronto. Members could be fired without cause, and had no avenue for appeal. Hiring was, in many cases, an exercise in patronage.
The drive for a Union first met with success at Victoria College. The TAs at Victoria were granted a certificate as Local One, Graduate Assistants’ Association (GAA). Since the Arts Departments were transferred from the Colleges to the University in 1974, the Victoria unit ceased to have any employees. As a result a Collective Agreement was never entered into and representation rights lapsed. At the same time, the centre of energy shifted to the main U of T campus. Local One were certified, as Local Two, GAA, in 1975 after a long legal battle and a certification vote.
The first collective agreement (1975-1977) reduced the 444 pay categories to three. Hiring procedures were established and a grievance procedure was formulated to solve problems and to settle disputes and differences of opinion between TAs and course instructors and the Administration. The establishment of these norms respecting graduate student employment was a first in Canada.
Growth of the national union
At the same time, TAs and sessional lecturers were organizing at York University
(now Local 3903 of CUPE) and Ryerson University
(3904). The National Union grew rapidly, if chaotically, in those early years, organizing TAs at Lakehead University
(3905), TAs and contract faculty at McMaster University
(3906), and graduate assistants at OISE
(3907). In 1980, the Union renamed itself the Canadian Union of Educational Workers
(CUEW). CUEW eventually organized contract faculty at Trent University
(3908), TAs and student instructors at the University of Manitoba
(3909), contract faculty at the University of Ottawa
(which disaffiliated in 1992), and contract faculty at Athabasca University
By the early 1990s, the National Union had grown to be the dominant union in its field—part-time academic employees in the post-secondary sector. New organizing drives were launched which yielded two more locals— Dalhousie University (3912) and the University of Guelph (3913). There were more demands from other TAs and sessional and part-time lecturers for organizing drives.
Merger with CUPE
However, the National Union had entered a financial and leadership crisis which resulted in merger discussions with CUPE
. The Local joined CUPE
] 1 January 1995 following a membership referendum authorizing the merger.
CUPE 3902 has signed thirteen Collective Agreements for what is now Unit 1 with the U of T since it was organized. The local has engaged in three strikes in its history. Each of these received coverage in local and national press.
In 1989 the Local struck primarily over the issue of job security.
In 1991 the Local struck over the issue of overwork - establishing industry-standard rules governing overwork. This was the first time the University of Toronto locked out its teaching staff.
In January 2000, the Local engaged in a four-week strike/lockout centred on the issue of tuition fees. While the Local was unable to achieve tuition fee waivers or reductions, the actions at the bargaining table and on the picket lines created the political momentum for the major changes that began in 2001. The post-4 fee reduction was a GSU proposal from many years ago. The TA strike improved what the University of Toronto was willing to put in place. As a result of the strike, the University of Toronto introduced the first guaranteed graduate funding in Canada, guaranteed in the Collective Agreement.
Expansion of the bargaining unit
Starting in 1997, the Union began to work with non-student instructional staff to join CUPE 3902. After two applications, and an extended process in front of the Ontario Labour Relations Board, sessionals finally certified in the summer of 2004 with nearly 90% in favour of joining. Just prior to the issuance of the sessionals’ certificate, the Union worked with contract instructional staff at Victoria University, successfully certifying in the summer of 2004 with only 2 votes cast against the Union. Both of these units negotiated a first contract in 2004-2005. The sessionals’ Agreement was ratified on 1 April, 2005, and the Victoria Agreement was ratified on 4 May, 2005. Contracts for both will be renegotiated this year.
2006 Racism case
In 2006, CUPE 3902 filed a major race discimination case concerning Dr Donald Blais, a sessional lecturer of 8 years' service who is of indigenous
descent. The grievance claims that Dr Blais has been streamed into only teaching aboriginal materials in spite of his broader experience and training. Since first filing a grievance, the Department has not rehired him and has, in fact, cancelled the aboriginal course. He is the most senior member of the bargaining unit in his Department, the Department for the Study of Religion
. The Employer's chief witness is Dr John Kloppenborg
. The case proceeds to arbitration under Arbitrator William Kaplan in Ocotber 2008.