Policy Grievances

Mercer Independence - Pension Plan Policy Grievance
(Policy GR# 0862)

WUFA alleges that the University used the plan actuary, Mercer Canada, in ways that compromised the plan actuary’s required independence under the text of the pension plan agreement.

In August 2016, Arbitrator Picher determined that Mercer Canada should be replaced as the Plan's Actuary. The University then filed for Judicial Review of the arbitrator's ruling.

Relevant Docs:  Policy GR# 0862  

Status Update: The Judicial Review was postponed in order to consider the Intervenor Status request by Mercer. No dates have been set for the intervenor motion or judicial review.

Failure to investigate 'Conflict of Interest' allegation
(Policy GR# 0909)

The University was informed of the Association’s concerns regarding a perceived conflict of interest in the case of a member of the Board of Governor’s Investment Committee. This grievance alleges that the University has failed to investigate the allegations properly or in a timely manner or taken any effective steps to remove the conflicted person/companies.

Relevant Docs: Policy GR# 0909

Status Update: This matter is pending the execution of Minutes of Settlement. 

Former Administrators on Admin Leave, excluded from the Bargaining Unit
(Policy GR# 0977)

It came to WUFA's attention that former administrators on leave from their faculty positions are not being returned to the bargaining unit during the term of their administrative leave.

Relevant Docs: Policy GR#0977

Status Update: An arbitrator has not yet been selected to hear the case, and no dates for arbitration are set.

Failure to Remit Dues
(Policy GR# 0978)

The University has failed to remit dues for a member who is a former academic administrator on admin leave.

Relevant Docs: Policy GR#0978

Status Update: An arbitrator has not yet been selected to hear the case, and no dates for arbitration are set.

Failure to Provide a Harassment Free Workplace
(Policy/Group GR# 0908)

The University has failed to provide a safe and free from harassment workplace for its employees generally, and for the group of employees hereby listed as all members in the Department of Political Science who have been and/or maybe affected by the facts and allegations set out in the written grievance.

Relevant Docs: Policy/Group GR# 0908

Status Update: The grievance is being discussed at Step 3 of the grievance process between WUFA's VP Grievance and the Director, Academic Labour Relations.

Safety Concerns on Campus
(Policy GR# 0922)

The University has failed to provide a safe and harassment-free workplace for its employees who have been and/or maybe affected by a particular situation involving a student.

Relevant docs: Policy GR# 0922

Status Update: The grievance is being discussed at Step 3 of the grievance process between WUFA's VP Grievance and the Director, Academic Labour Relations.

Bargaining Unit Membership, Ongoing Grievance
(Policy GR# 1013)

The University continues to create full time positions outside the Union to perform bargaining unit work and/or has hired or will continue to hire individuals outside of the bargaining unit to perform bargaining unit work. The full particulars of such work are within the knowledge of the University and will require full disclosure by it for past and ongoing positions.

Relevant Docs: Policy GR# 1013

Status Update: Addtional dates for hearing are being canvassed before Arbitrator Kelly Waddingham. 

Coaches Excluded from the Bargaining Unit
(Policy GR# 1014)

The employer has employed several coaches in the Athletics Department but excluded them from the WUFA bargaining unit.

Relevant Docs: Policy GR# 1014

Status Update:  This grievance is being discussed in conjunction with GR#1013 (above). 

Improper Appointment of Senate members to Board of Governors
(Policy GR# 1030)

Four members of the "teaching staff" are to be elected by the Senate to the Board of Governors.  As of July 1, 2022, two deans and one associate dean were elected by Senate to serve on the Board of Governors in violation of the University of Windsor Act and Board of Governors Bylaws.  Under the University of Windsor Act, Senate Bylaws, and the Collective Agreement, deans are neither "teaching staff" nor are they faculty members.

Relevant Docs: Policy GR# 1030

Status Update:  The grievance is being discussed at Step 3 of the grievance process between WUFA's VP Grievance and the Director, Academic Labour Relations.

Improper Sessional Hiring Grid in the Odette School of Business
(Policy GR# 1039)

The Odette School of Business evaluates Sessional Instructor Applicants in a method that is not compliant with Article 54:06(a), which precisely stipulates what is to be included in the grid.  OSB has an Applicant Response Form which is neither consistent with the current grid or with Article 54:06(a).  The hiring grid contains a separate category (20%) for AACSB classifications, contrary to the Collective Agreement.  This places an unfair burden on sessional hirings to make up for any AACSB deficiencies among full-time faculty. 

Relevant Docs: Policy GR# 1039

Status Update: The grievance is being discussed at Step 3 of the grievance process between WUFA's VP Grievance and the Director, Academic Labour Relations.

Improper Policy - Whistleblower Policy
(Policy GR# 1040)

In October, 2022, the Board of Governors approved the Whistleblower Safe Disclosure Policy. WUFA was informed in March, 2023, that the policy would be implemented as of April, 2023. WUFA was never consulted on the policy in violation of Article 2 of the Collective Agreement. Further, and independent from the above, in the event that a WUFA member is the respondent to a complaint filed under the Whistleblower Safe Disclosure Policy, the processes for investigation outlined by the Policy are in violation of the Collective Agreement.

Relevant Docs: Policy GR# 1040, Whistleblower Policy

Status Update: The grievance is being discussed at Step 3 of the grievance process between WUFA's VP Grievance and the Director, Academic Labour Relations.

Facilities and support services interference with academic functions
(Policy GR# 1055)

In November 2023, the Employer announced a Conditional Access technology policy using InTune Software which is intended to ensure devices used by UWindsor employees meet undisclosed security requirements to access the University and data.  This Policy, which alters the terms and conditions of work of WUFA members, was devised and launched without consultation with WUFA.  The Policy further abrogates WUFA rights under the Collective Agreement by stipulating that unknown future measures may be added, also without consultation. 

Relevant Docs: Policy GR# 1055

Status Update:  On October 15, 2024, the University denied this grievance at Step 3.  WUFA's Executive has approved the recommendation to proceed to arbitration.  Pending further updates. 

Letter VII courses taught on load in the School of Social Work
(Policy GR# 1056)

In Winter Semester of 2023, WUFA was made aware of two Teaching Intensive (TI) faculty positions being advertised by the University for the School of Social Work, in the Faculty of Arts Humanities and Social Sciences (FAHSS). WUFA has since been informed that each of these positions' workloads are in the Masters of Social Work for Working Professionals (MSWwp), a program permitted under Letter VII.  WUFA has also discovered that another regular faculty member and at least four Learning Specialists are teaching their full loads in the MSWwp, all contrary to Letter VII of the Collective Agreement.

Relevant Docs: Policy GR# 1056

Status Update:  The grievance is being discussed at Step 3 of the grievance process between WUFA's VP Grievance and the Director, Academic Labour Relations.

Sessional Hiring in the Department of Electrical and Computer Engineering
(Policy GR# 1057)

The Dean of the Faculty of Engineering has failed to ensure that the Department of Electrical and Computer Engineering Appointments Committee carries out due diligence in sessional hiring. 

Relevant Docs: Policy GR# 1057

Status Update:  The grievance is being discussed at Step 3 of the grievance process between WUFA's VP Grievance and the Director, Academic Labour Relations.

Lack of workload consultation in FAHSS
(Policy GR# 1058)

Members in multiple departments in FAHSS have received their workload letters inconsistent with the procedures outlined in Article 5. 

Relevant Docs: Policy GR# 1058

Status Update:  The grievance is being discussed at Step 3 of the grievance process between WUFA's VP Grievance and the Director, Academic Labour Relations.

Violation of Article 53
(Policy GR# 1059)

The Employer has violated Article 53 (Validity) of the Collective Agreement. Bill 124 imposed a 3-year, 1% wage freeze moderation period with an ambiguous preclusion of a 'make-up' year post moderation.  Since January 16, 2024, the Employer has been unwilling to negotiate over the impacts on Bill 124 on scale, including Articles A, R and N. 

Relevant Docs: Policy GR# 1059, Bill 124 Related Negotiations Timeline

Status Update:  The grievance is at arbitration before Arbitrator Andrew Tremayne. Arbitration dates have been set for December 2024 and January 2025. 

Failure to follow proper appointment procedures in Odette
(Policy GR# 1064)

The Odette School of Business was notified in July 2024 that a faculty member would be unable to teach their assigned course during Fall 2024.  Contrary to Article 54:04(b), the University did not inform the President of the Association of the appointment made within 14 calendar days of the appointment. Instead, the Association was notified on September 8, 2024 in the form of a waiver request, as per Article 54:02.  

Relevant Docs: Policy GR# 1064

Status Update:  The grievance is being discussed at Step 3 of the grievance process between WUFA's VP Grievance and the Director, Academic Labour Relations.

Violation of WHPP, HR Policy, Senate Bylaw 32
(Policy GR# 1065)

There have been a number of instances (see five fact patterns in grievance) whereby there have been violations of the WHPP, HR Policy and Senate Bylaw 32 by the University. 

Relevant Docs: Policy GR# 1065

Status Update:  The grievance is being discussed at Step 3 of the grievance process between WUFA's VP Grievance and the Director, Academic Labour Relations.

Policy grievances that have been resolved are listed in the Policy Grievance Archive.