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2010-11-25 at 14:08

Arbitrator rules with LUFA, calls school closure breach of collective agreement

By tbnewswatch.com
An arbitrator has ruled in favour of the Lakehead University Faculty Association’s grievance against the University’s closure last December.

University administration closed the school between Dec. 21 to 24, 2009 in an effort to cut costs. The move reduced the annual salary of faculty members, which drew the ire of LUFA. Citing the move would violate the collective agreement between LUFA and the school, the faculty association called for an arbitrator to be brought in.

Arbitrator Jane Devlin’s ruling was made public Thursday afternoon.

"Having carefully considered these provision and the submission of the parties, I find that by instituting a shutdown, it was not open to the University to unilaterally reduce the annual salary of faculty members by four days," Delvin states in the decision.

"In my view this action on the part of the University constituted a breach of … the collective agreement."

The main grievance involved 300 full-time university faculty members.


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Comments

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chezhank says:
Let the lay-offs begin to meet the arbitrator's decision!
11/25/2010 2:17:03 PM
Sandwiches1123 says:
Thank you former president Gilbert for another great lasting legacy along with polarizing the staff by offering tenured positions at your Orillia campus while cutting full-time staff at the host campus. Not to mention replacing those full-time positions with part-time contract professors who don't get benefits. Thank you...
11/25/2010 2:22:01 PM
Steven says:
Same old story. send it to arbitration, the union gets everything they want 99% of the time. Awful.

Whats more awful is what universities, hospitals and other organizations are reduced to having to do to try and keep operational in the face of unions and their crazy benefits, work habits, and pay.

We can't keep our universities open year round because we simply can't afford the demands of the unions. Its time to fight back! Call your MP or MPP and demand "right to work" legislation, and a change to arbitration in this province. Its gotten us into a quagmire of un-payable budgets. Our province is being eaten away by the unions. My tax dollars go into their pockets while the services I receive get worse and worse.
11/25/2010 3:32:50 PM
Steven says:
Same old story. send it to arbitration, the union gets everything they want 99% of the time. Awful.

Whats more awful is what universities, hospitals and other organizations are reduced to having to do to try and keep operational in the face of unions and their crazy benefits, work habits, and pay.

We can't keep our universities open year round because we simply can't afford the demands of the unions. Its time to fight back! Call your MP or MPP and demand "right to work" legislation, and a change to arbitration in this province. Its gotten us into a quagmire of un-payable budgets. Our province is being eaten away by the unions. My tax dollars go into their pockets while the services I receive get worse and worse.
11/25/2010 3:33:40 PM
nopatience4stupidity says:
It is beyond me how anyone has difficulty in understanding that it is wrong to breach a collective agreement. People, this is a negotiated agreement. Both parties signed and are bound by it and both should live up to it. Shame on the University administration for this attempt.
11/25/2010 4:37:19 PM
imhere says:
Just reduce the number of staff you have - that will save money. 4 DAYS people - boo freaken hoo. Guess they will be on strike when their contract comes up for renewal as now the University will have to find another way to save the money. Don't ask for more money or benefits because they should NOT be granted. It was 4 days!!!!
11/25/2010 5:12:11 PM
tannharr says:
@nopatience4stupidity..........Don't worry, the union has it coming to them....they may have won this battle, but they surely did not win the war. The University now has clear instruction that in the future, they must lay off the employees. Which is worse? Sometimes the grass isn't always greener on the other side, is it.
11/25/2010 6:00:32 PM
Steven says:
I agree it sucks that the university has to breach the collective agreement.....I am pointing out that they are left with no choice.

They either cave to all the union demands and give them more raises and more benefits, or the union stops working, and the university is shut down, and the students lose their year. The university gets a bad rep, and students sue to get their tuition back, and many leave and never come back. Case closed, the university is done.

Faced with this situation, what else is the university to do? They cave and give the unions what they want, and then look for 'creative' ways to somehow make the university run.

So your suggestion that we should say "Shame on the university for this attempt", is simply looking at it upside down. The university has to cave to the unions and give them the money, and now are left with no choice but to shut down, or use P.T. lecturers, or whatever they have to do to make the university run. THEY HAVE NO CHOICE. And don't say "Well, the government should just throw more money at them!". WRONG! There are GADS of money to go around, but the trick is where is the money going.

Its the usual sad state: The university is now run for the unions and their jobs, not the students. Lakehead has crumbling buildings, archaic technology, and a much poorer quality of education in most programs, because all of its money goes right into their workers pockets.

THE UNIVERSITY EXISTS FOR THE UNION JOBS, NOT FOR THE STUDENTS.

Don't believe me? Take a class. Spend a little time on campus. You will see it is true.
Sad.

11/25/2010 6:23:24 PM
Rick says:
Well that's your partying gift from dear old Fred, sticking it to the facility on a temporary basis and now it has turned itself around back onto the taxpayers. Thank GOD we have a new man at the helm of the good ship L.U.
11/25/2010 6:43:29 PM
Kidknapp says:
Educational facilities should be considered essential services as they are there to help our young people. They would not be able to strike and then, some of the unions would realize that they are not all that powerful. Do the basic math. 300 people over 4 days equals 1200 days of work. Since most people work about 220 days per year, lay off 5 staff and you will have made up for the four days! Sucks to be whoever is at the bottom of the totem pole!
11/25/2010 8:15:28 PM
FernandoMartinez says:
The University violated a collective agreement. As much as I dislike the unions, the University was in the wrong.

I agree, Steven, the University was left in a very tough position and agree with your assessment that it had to do what it did in order to stay operational. But that is not the concern of the union.

Morally, yes, they should realize that what essentially amounts to being laid off for 4 days with what's already a handsome pay and benefits package is not that much and if it's required to keep the University operational, they should let it slide. It IS their jobs on the line. It's not as if they're being laid off for months, here. It's 4 days. It is not as if they are foregoing pay for work done. This is just before Christmas. There were no classes on. They were not working for those 4 days.

But legally, they are in the right. The University signed an agreement with them and violated it. The financial situation of the University is not a factor. If the University cannot afford to pay their faculty, they should not have signed the agreement.

As much as I dislike unions, they have a legitimate grievance here.
11/25/2010 9:36:48 PM
educator says:
Steven,

You hate unions... blah blah blah. We got it the first 100+ times you mentioned it. Unions are the evil anarchist whose only role is to screw the taxpayer.

Thanks for being soceity's conscience.
11/26/2010 12:02:05 AM
windphart says:
If there's layoffs it won't be the faculty who suffers, it will be the support staff. Support staff didn't complain; they took the hit. They know how good they have it. Decent pay, fabulous benefits, pension, paid week off at Christmas (2wks last year), kids eat free, and you don't work hard. Before you stomp on me on that one take job for job in the private sector.
11/26/2010 9:15:47 AM
notamused says:
I guess by the comments made here that it's OK to break a signed agreement. I guess that it would be OK for the automotive company to come back to each of you after you thought you had paid off your vehicle and say " Well too bad about your signed agreement we want another $2000 for that vehicle"?! Hey how about if you had your mortgage paid off and the bank came and reposessed it because they decided to change the rules. The issue is about breaking a signed contract, it's not about any your pet peeves that is a different issue. The time to make changes to the agreement is at the bargining table.
11/26/2010 9:22:11 AM
unknowncronic says:
Whomever broke the rule should be liable...ALL costs should come directly out of the person who made the wrong decision...It's so simple!
11/26/2010 11:29:44 AM
Vanity says:
Ok Newswatch where is the rest of the story....what was the penalty for breaching the collective agreement? Poor reporting.
11/26/2010 12:14:28 PM
nopatience4stupidity says:
I appreciate that the University is constantly looking for ways to reduce costs. First suggestion from the public in general seems to be to reduce the wages of these "cushy" positions. The jobs are there for a reason; the wages help attract and keep the educators and talent that are grooming our leaders of tomorrow. At least a few (notamused and fernando) get that agreements must be honoured. I graduated LU in '94 so I know perfectly well what it cost me to attend and how the process works. Every educational institution (Kindergarten to post-secondary) is faced with fiscal challenges and the need to stay current with teaching materials and technology. The first suggestion should not always be to cut wages and/or jobs to do so. You get what you pay for.
11/26/2010 7:32:54 PM
minstrel says:
@imehere
i he agree that layiong off 5 would solve the4 problem, however i think that 4 days off for everyone saves 5 people from unemployment!
perhaps the collective agreement should reflect this next time as it does appear that the union is right. but would they prefer layoffs?
11/28/2010 1:16:54 PM
Steven says:
If as nopatience4stupidity suggests, the wages spent at the university are to ensure that we attract the best and brightest, then why do we spend so much and have such a poor quality of education? You can't afford to bring in truly great professors when you have to spend all your money on overpriced clerical staff, cleaning staff etc.

I would be ok if most of the huge L.U. budget were going towards brilliant professors; Unfortunately, its all going towards expensive cleaning staff, clerical staff etc. And let me tell you: You can have the best cleaning, clerical and facilities staff in the world, but your university will still be piss-poor if you aren't spending your money on THE BEST professors.

In my opinion, this is why the university continues to be one of the poorest in canada in most areas, especially when you consider the size of its budget.
11/28/2010 2:20:28 PM
tudor says:
this is probably too much to expect in thunder bay, but this is what I would like to see,

the board that governs the University made up of the best and brightest our city has to offer, are asked why this went to arbitration, who among them supported the plan to rip up a collective agreement to balance the books, who suggested "alternatives" to this instead of paying all those legal fees to lose this case,

who among them said to former president Gibert that this was not a good idea,

who among them even questioned this.

the people on these boards around the city have to start doing their job and stop allowing one individual to run the show. There are lawyers on this board and yet they lost an issue that should not have happened in the first place.

and maybe our media could dig in to the amount of money that is going to the Orillia campus compared to what is going locally.

having funds support a program that does not assist our local university is just one reason why I have never joined the alumni association and made a donation.
11/29/2010 8:50:55 AM
notamused says:
Some people are really ignorant of the importance of what a signed agreement is. The fact is why bother with a collective agreement, why bother with rules and laws at all. To paraphrase, why not cry havoc and let loose the dogs of anarchy, let things be a free for all, why pay the bills to creditors, why should we drive in the proper lane of the road, why should we protect children, why not kick the old people out their homes???? Why, beacause in a CIVIL society we make agreements that may need to change overtime but we KEEP those agreements while they are binding. That is the issue NOT your penny pinching, self indulgent whining about LEGAL agreements!!
11/29/2010 11:30:09 AM
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