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Bargaining Updates and FAQs

Updates and FAQs

Bargaining Updates from the CEC

The College Employer Council (CEC) is the government mandated bargaining agent for the 24 Ontario publicly funded Colleges that negotiate collective agreements with unionized staff. The following information is being distributed on behalf of the CEC.

The College Employer Council has shared an update on November 6 about mediation.

Bargaining Bulletin - November 6

The College Employer Council has posted "Collective Agreement Expiry, Conciliation, and Strike Vote" on its site.

Student Information FAQ

The College Employer Council (CEC) and the Union OPSEU CAAT-A bargaining team (representing full-time and partial-load professors, instructors, librarians, and counsellors) are currently negotiating a renewal collective agreement.

Formal negotiations between the parties started in July 2024. After months of bargaining, 76% of OPSEU members have voted 79% in favour of a strike.

The below FAQ was created to help answer student questions about the ongoing negotiations.

To review a glossary of terms, click here.

STRIKE INFORMATION

Will there be a strike in the fall semester? New
  • No, there will not be a strike in the fall semester.
  • A strike requires a few conditions with specific timelines to be met. There is no possibility of these requirements and timelines occurring in the fall semester.
What is required for a strike? New
  • Before a strike can occur, 5 requirements must be met. Not all requirements have been met at this time.
  • A strike requires the union bargaining team having a strike mandate. Which they received on October 18, 2024.
  • The parties need to enter/attend conciliation. The parties continue to be in conciliation.
  • Conciliation must fail with either party requesting a no-board report. Neither party has requested a no-board report.
  • Once a no-board report is issued, 16 calendar days must pass.
  • The union must provide the Colleges with 5 days’ notice.
What did the CEC and CAAT-A bargaining team agree to? New
  • The parties mutually agreed to enter non-binding mediation with experienced mediator, William Kaplan.
  • Both parties agreed not to escalate negotiations through a strike or lock-out before or during mediation.
  • Mediation will take place December 6-8, 2024
What is non-binding mediation? New
  • Both parties will submit proposals to the agreed upon neutral mediator.
  • The mediator will work with the parties to find common ground and come to an agreement.
  • If the parties do not come to an agreement, the mediator cannot force either party to change their position.
What is a strike vote?

A referendum by union members deciding whether or not to go on strike. An affirmative strike vote authorizes union leadership to give strike notice. This is called a strike mandate.

A strike vote of College Employees is supervised by the Ontario Labour Relations Board. The vote will be decided by a 50% + 1 majority of those who cast their vote. If only a few people vote, those voters will decide this question for everyone across the province.

What is conciliation?

Like mediation, conciliation is a voluntary, flexible, confidential, and interest-based process. The parties seek to reach a settlement with the assistance of the conciliator, appointed by the Ministry of Labour which acts as a neutral third party. Conciliation must be completed before a union can engage in a strike.

What is a strike mandate?

After a strike vote, if 50% +1 of those who vote, vote yes, then the union bargaining team receives a strike mandate. A strike mandate is necessary for the union to go on strike.

What is a strike?

A strike may take different forms. In general, it is a refusal to work in the normal way that is designed to slow down, disrupt, or stop operations. A strike is organized by a Union as a form of protest typically in an attempt to force the employer to agree to their demands.

Unfortunately, in the Colleges, when a faculty member chooses to apply pressure by slowing down, disrupting or stopping work, these actions lead to varying degrees of negative impact on students.

What are the different forms of strike?

Work-to-rule, partial walk-out, rotating strike, sick-out, and full walk-out are all forms of strike. In work-to-rule, employees perform only the duties that have been assigned, strictly adhering to policy and contract obligations. In a partial walk-out, employees refuse to perform some of their assigned duties. In a rotating strike, employees walk out entirely for short periods of time at different institutions. A sick-out is an organized absence from work by workers on the pretext of a sickness. In a full walk-out strike, employees withdraw all their services and choose to walk the picket line.

Does labour action mean teachers, counsellors and librarians will walk out?

Labour action does mean strike. Strike action can take various forms, which include: work-to-rule, partial walk-out, sick-out, rotating strike, all the way up to a full walk out. Only the Union can determine what forms of strike action will occur and when.

Will the Colleges force faculty to go on a full walk-out strike?

The Colleges cannot force faculty to go on strike. Only the Union team can determine what form of strike action it engages in (work-to-rule, partial walk-out, rotating strikes, sick-out, walk-out).

How long will a strike last?

They can last for a day or for an extended period of time. In 2017, the Union engaged in a full walk-out strike that lasted for more than 5 weeks. Students were still able to complete their semester.

If a strike occurs, what should I do?

Go to the Fleming website for updates on the labour dispute. If you plan to visit campus, leave extra time for travelling to the college as picket lines may be set up at campus entrances and limit traffic flow.

If there is a full walk-out strike and you take transit to campus, be aware that transit buses will drop students off outside of the campus to respect picket lines.

Where can I learn more about negotiations and strike action?

The CEC website contains information on the bargaining process and an ongoing archive of proposals from both parties. Additionally, all news updates are published across CEC social media channels and the website.

Please visit www.CollegeEmployerCouncil.ca or follow the CEC on Twitter, Facebook, LinkedIn.

Who is involved in the strike?

Unionized academic employees (OPSEU) include full-time and partial load faculty, full-time librarians and full-time counsellors. Employees not involved in the strike include part-time and sessional faculty, support staff, and administrative employees.

How will Fleming College stay in touch with me during the strike?

The Fleming campus will remain open during the strike. During the strike you can check the following for up-to-date information:

  • The Fleming College webpage
  • Official Fleming College social media pages (Facebook, Twitter, Instagram)
  • Check your Fleming College email for any updates on returning to class

BEING ON CAMPUS

Can I access campus if there is a full walk-out strike?

Yes, campuses have always remained open during strikes. When picket lines occur, picketers cannot prevent access to those looking to enter campus. In the event of a full walk-out which includes picket lines, information will be provided by your College on how to safely access campus.

Will student services will be available?

Yes, all student services will continue to be available throughout any work stoppage. Any updates or adjustments to services will be communicated to you.

Will the campus remain open?

Yes, Fleming College will remain open during the strike. Fleming College encourages you to catch up on readings, course work and review academic material during the strike.

Will health care services be available during the strike?

Absolutely. Health Services will remain open, and doctors and nurses will remain available.

Can I cross the picket line?

Yes, students have the legal right to access campus during a strike. We ask everyone coming to campus to be patient, courteous and respectful. If you are driving onto campus, be prepared to wait several minutes to get through the picket lines, as picketing OPSEU members may temporarily halt traffic coming in and out of the property. Please remember to give yourself extra time to travel.

Can residence students remain in on-campus residence?

Yes, however, we strongly encourage students who are able to return home during the strike to consider doing so.

Will buses run to and from Fleming College?

Peterborough City buses will run during the strike, but in the event of a walk-out strike Peterborough transit will adjust scheduling around Fleming College routes and create alternate stops off campus. Details of those new locations will be provided once they are made available. Anyone taking public transit to and from Fleming should be prepared to walk on and off campus to alternative bus stop locations.

IMPACTS ON YOUR LEARNING

How could strike action impact my semester?

There is the potential a semester could be interrupted and/or extended if the union decides to go on strike. However, if the semester is impacted, Colleges will do everything possible to ensure that all students have the opportunity to complete the semester.

I’m an international student – what does the strike mean for my status as a study permit holder?

Your study permit holder status is not affected, however if the strike delays your course completion, you must continue to have valid status as a student in Canada to be able to return to class when the strike is over.

You are able to work off campus for up to 20 hours a week if your study permit allows you to work.

You will still be eligible for the Post-Graduate Work Permit Program.

How does an academic walk-out strike impact my semester?

Full-time and part-time classes will be suspended while OPSEU employees are on strike. Counsellors will also withdraw their services. Previously scheduled tests will not be delivered/taken and assignments will not be due during the strike.

You will not be expected to attend class in-person or virtually during a strike.

If a strike does occur, know that you every effort will be made so you will not miss out on graduating. It is also important to note that in the history of any Ontario college strike, no student has ever lost a year. There will be a plan in place to ensure that you complete your year and finish your studies. Reaching your academic goals is our top priority.

Does this mean exam timelines will be extended?

Depending on the length of the strike, it is possible some timelines could be affected. Please be assured that Fleming will make every effort to minimize impact on students and is making your academic success a priority.

Can I still contact my instructor about academic work during a strike?

While there is nothing prohibiting you from reaching out to faculty during a walk-out strike, it’s important to keep in mind that you may not receive a response until after the conclusion of the labour disruption.

Will I be penalized for not submitting school work during the strike?

During a faculty walk-out strike, all classes and assignments would be suspended. You would not be expected to submit work during this time. However, we do recommend students stay on top of any existing coursework so they are ready to resume classes and assignments immediately upon conclusion of a labour disruption.

Students should keep up to date with communications from the college for further guidance on how the strike may impact classes, deadlines, and other academic matters.

What happens if my grades and course materials are removed from D2L?

D2L is backed up daily and archived. Grades and course materials will not be lost if temporarily removed.

Will I get a refund for my semester if I lose time during a walk-out strike?

It is important to note that no semester at an Ontario college has ever been lost due to a strike. Past decisions on refunds or rebates have come from the province, not individual colleges. Any decision about refunds or rebates will be made once the strike comes to an end.

CONTINUING EDUCATION

Will Continuing Education courses continue during a walk-out strike?

On-campus and offsite in person continuing education courses will be suspended during a strike. Only self-directed, fully online asynchronous Continuing Education classes will be continued during a strike. All others will be suspended.

Will Ontario Learn courses continue during a strike?

All fully online Ontario Learn courses will be maintained during a strike.

HOW WILL IT IMPACT MY APPRENTICESHIP

What happens to my placement/apprenticeship/dual credit class during a walk-out strike?

All work integrated learning activities including field placements, apprenticeships, dual credit classes, clinicals, co-ops, practicums, and field trips will be suspended.

What happens to my Apprenticeship classes if there is a strike?

All Apprenticeship classes and labs will be suspended for the duration of the strike. Once the strike ends, classes will resume, and you will be notified of the next steps.

I am an Apprenticeship student. What happens to my EI (Employment Insurance) funding if there is a strike?

Your EI situation depends on whether you return to work during the strike:

  • If your employer allows you to return to work, you must contact EI to pause your payments while you are employed.
  • If your employer does not take you back during the strike, you may be eligible to continue to receive EI until the strike ends and you resume your training.

For specific questions related to Employment Insurance eligibility during a strike, contact Service Canada.

I am an Apprenticeship student. When will I be able to return to complete my training?

The exact length of a walk-out strike, if it occurs, is uncertain. However, the institution will communicate with all apprentices and ensure training resumes as soon as possible after the strike concludes.

I am an Apprenticeship student. My employer doesn’t want me to return to work until I’ve completed this level of apprenticeship training. What should I do?

You may be eligible to continue receiving EI until the strike ends, and once training resumes, you will be able to complete your apprenticeship.

For specific questions related to Employment Insurance eligibility during a strike, contact Service Canada.

What if the timing to return to apprenticeship training after the strike doesn’t align with my employer’s needs?

If the timing doesn't work for your employer, you may need to withdraw from the current training cycle and contact the Ministry to register for a future apprenticeship opportunity.

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