An arbitrator has determined that recall rights for faculty members laid off by Laurentian University do not apply to positions outside of their union bargaining unit, specifically the position of dean of the faculty of arts.
Eli Gedalof, the arbitrator, released his decision on the matter May 19.
Jennifer Johnson, who currently serves as an adjunct faculty member in the School of Liberal Arts and as the manager of Laurentian Online with the Centre for Continuing Learning, was recently named as LU’s new dean of arts, effective July 1.
Previously, Johnson served as chair of the Department of Women's, Gender, and Sexuality Studies at Thorneloe University, one of the universities previously federated with Laurentian, from 2007-2021.
The dispute between the Laurentian University Faculty Association (LUFA) and Laurentian University relates back to a term sheet mediated between the parties in 2021, during the university’s insolvency.
“Schedule AA” of that term sheet amends the recall rights in LUFA’s collective agreement with Laurentian.
Court documents say that on Feb. 6 of this year, LUFA and Laurentian entered into a memorandum of agreement (MOA) addressing procedural issues related to hiring under the collective agreement.
Gedalof was tasked with arbitration “with respect to all issues arising from the interpretation and application of (the MOA).”
One of those issues is “whether the recall rights under Schedule ‘AA’ apply to positions outside the bargaining unit, and specifically that of the Dean of the Faculty of Arts. The Association argues that the recall rights apply to all academic vacancies, including decanal vacancies. The University argues that recall rights are limited to bargaining unit positions.”
In his decision, Gedalof determined that “the recall rights provided for in Schedule ‘AA’ do not apply to positions outside the bargaining unit, and in particular do not apply to the position of Dean.”
LUFA said the insolvency of a Canadian university was an extraordinary circumstance, in which its members were required to make many concessions.
“Approximately one third of the Association’s membership lost their jobs: some 110 bargaining unit positions,” said Gedalof’s summary of LUFA’s arguments.
“One of the few benefits that the Association was able to obtain in this difficult circumstance was expanded recall rights for its members. These rights must, in the Association’s submission, be interpreted expansively.
“The Association’s primary argument is that the position of Dean is an academic position, and Schedule ‘AA’ provides recall rights to ‘any new academic positions’ and ‘any academic vacancies’ within the ‘University.’ Schedule ‘AA’ does not stipulate that the academic vacancies must be within ‘the bargaining unit.’”
Laurentian began its arguments “with the proposition that the separation between management and the bargaining unit is a cornerstone of labour relations,” which is recognized in the collective agreement with LUFA.
The university also said LUFA’s argument conflicts with language in the union’s own collective agreement.
“The Association asserts that a member who has been laid off from its bargaining unit has recall rights to a position that is not ‘at the rank they held when their appointments were terminated,’ but rather to a rank that is ‘at or above the rank of Associate Dean,’ outside of the Association’s bargaining unit,” said Gedalof’s summary of Laurentian’s arguments.
“Such an amendment to the Collective Agreement would require very clear language: language that is entirely absent from Schedule ‘AA.”
Gedalof said LUFA “is obviously correct that Schedule ‘AA’ arose in the extraordinary and unprecedented context of a university restructuring under the CCAA.
“In this context, the Association obtained enhancements to the recall rights available to its terminated members. But it is equally clear, as the University argues, that before finding that those rights cross the critical line between the bargaining unit and excluded management positions, one would need clear language to express that agreement. Schedule ‘AA’ contains no such language.
“In the result, I find that the recall rights provided for in Schedule ‘AA’ do not apply to positions outside the bargaining unit, and in particular do not apply to the position of Dean.”
Heidi Ulrichsen is Sudbury.com’s associate content editor. She also covers education and the arts scene.
