LUFA ANNUAL GENERAL MEETING

 Wednesday May 6^th, 2009

10:30 a.m., RC 1001

Orillia – Boardroom Heritage Building (via teleconference)

Guest Speaker: Robert Edwards

LUFA Legal Counsel

1.              President’s Report

by Joey Farrell, LUFA President

Currently LUFA is responding to two items which are of concern for us.  A proposed strategic plan for 2010 to 2013 will be before Senators on May 15^th. I encourage everyone to take time to read the proposed plan if you have not done so already.  As indicated in the special bulletin circulated, we believe there are many items within the plan that, if implemented, could affect our members in adverse ways.  Additionally, the ‘plan’ will impact on the Presidential search and may deter excellent candidates from submitting an application for the position.  Who would want to step into a leadership position with his/her initial three years already prescribed?  Be sure to read the proposed plan, speak to Senators ahead of time and express your views, and consider attending the May 15^th meeting as an observer.   

The second issue we are involved in is the recent announcement by the administration indicating that they will be closing the university, and not paying their employees, for 4 days in December 2009.  We were, and still are in shock at this decision from the administration which indicates such disregard for the collective agreement and the collective bargaining process.  LUFA is also concerned about the effect this decision will have on the reputation of Lakehead University and our ability to attract students to our campuses. Following this report is information detailing many of our questions and concerns regarding this administrative decision.  We will keep the membership updated.

 As the winter term comes to an end, and hopefully we will soon believe it is spring, I wish everyone a productive spring/ summer.

Joey Farrell may be contacted at (807) 346-7754 or via  

e-mail at joey.farrell@lakeheadu.ca

Are Members Of The Board of Governors Aware That The Decision To Close The University In December Could Impair The Well Being Of Lakehead University?  

Members of LUFA appreciate and celebrate the work of those who have volunteered to serve on the Board of Governors.  The Board is comprised of an impressive list of volunteers who strive to make this a respected institution and who are willing to do their due diligence and oversight to ensure that actions are not taken that could impair the well being of Lakehead University.  Unfortunately, LUFA is concerned that the recent decision of the Board to support a decision to close the University in December, 2009 as a money saving device could destroy the problem solving relationship that has been developed with LUFA members in recent years.  This decision also has the potential to do irreparable harm to the reputation of Lakehead University.  

 As LUFA members (and the international academic world) are aware by now, LUFA was requested to attend a meeting at 4:00 PM on April 23, 2009 with Mr. Pawlowski and Mr. Raslack. At that meeting LUFA was advised that LUFA members would not be allowed into the University during the four day period December 21 to December 24, 2009 and our members would not be paid for those days. We were also advised that the matter was not negotiable.   The following day at noon a general communication bulletin was issued to the general university population by e-mail repeating what LUFA had been advised the evening before.  In addition, the communication contained additional information that had not been presented at the meeting.  “Life Insurance Coverage and Health and Dental Benefit program through Medavie Blue Cross will not be affected.  All other non-insured benefit programs which could result in expense to the University will be suspended during the shutdown.” Further, members would be prohibited from taking their vacation during the period December 21 to 24. 2009.

 This action is perceived to be part of a strategy to bypass provisions of our collective agreement that were negotiated in good faith by LUFA and for which we made considerable concessions. LUFA hopes that under their duty of due diligence, members of the Board of Governors have put

 their minds to the following concerns brought forward by stakeholders of the university.

 The logic behind the action taken by the administration.  

·                     The communication bulletin states that “it is regrettable that our financial situation requires the need to take this action”.  Yet no documentation has been provided to the university community to verify the nature or extent of the “financial situation”. 

The wisdom of choosing the particular action put forward by the administration.  

·                     There are many alternatives that could be chosen to deal with a problem situation, if indeed a problem situation exists.  If a compelling case had been made, discussions with the various stakeholders may have generated a range of feasible alternatives some of which the stakeholders could find acceptable.  Unfortunately, the bad will that the current ultimatum has created will not provide an atmosphere that is conducive to problem solving and cooperation in the future.  

·                     The justification that this ultimatum ensures that ”the deficit is not borne by only a small group of employees” ignores the issue of diversity which the administration purports to value.  The nature of the impact on a single mother who earns $40,000 per year is much greater than that of the President whose annual compensation is approximately $300,000 per year.  To withhold this money during the holiday period shows a level of callousness that is extremely embarrassing. LUFA questions whether the Board considered if the ultimatum presented by the University administration is consistent with their views on diversity and human rights.  

·                     The ultimatum violates the academic schedule passed by Senate which sets December 21 as the exam contingency date and December 24 as the due date for submission of examination and special examination marks. Further, the academic implications of this ultimatum have not been thought out. Delays in the processing of marks, the impact on ongoing research and the ability to generate research grants are only a few examples of massive and costly implications that have not been considered by the University administration.

It is unlikely that the ultimatum has the potential “to generate bottom line savings” for the following reasons:

 ·                     The costs of the legal challenges will be substantial to the university and a primary beneficiary will be the firms selected as legal counsel by the University. Even if the University were successful, there would be further legal challenges regarding the calculations and there will be administrative costs associated with carrying out the calculations.  It is LUFAs position that this action is not only unethical but also violates the terms of our collective agreement.

 ·                     The negative publicity being generated by this ultimatum is reaching the academic community on an international scale.  Lakehead University is being cast in a negative light across the international community and has already come under review for censure by the Canadian Association of University Teachers.  Some administrators within the academic community have also indicated that they are appalled by the situation.  This has the potential to make it more challenging to attract quality students and faculty. It could serve as a “poison pill” in the presidential search process and will make it difficult to attract a quality candidate for president other than those who were involved in making this decision.  Alumni and current students will certainly be concerned about the potential devaluation of the academic qualifications for which they worked so hard.  Although the current level of fundraising has not met expectations, this action will only exaggerate the situation and make the task even more difficult for the new president.

 ·                     The negative impact on morale will affect productivity and there will be increased costs associated with this. There could be a return to the unrest experienced in the early years of the President’s term of office, which led to the initial climate study and  Board oversight that brought about a more collegial approach to managing the institution.

This action is unprecedented in any Canadian university because it clearly indicates some serious short comings in the area of human relations.  In the private sector, when Abitibi Bowater faced a financial problem, its CEO had the courage and managerial skill to consult not only with their employees, but also with members of their families to win their support.  At the University of Winnipeg, President Axworthy took a voluntary 10 percent pay cut and upper administration took a 4 percent pay cut since their decisions strongly contributed to the University’s financial problems.  Other employees are being encouraged to voluntarily assist the University.  Had the University administration demonstrated a reasonable level of concern and compassion for their employees, set an example for others to follow, and not used such a heavy handed approach, they would not have placed the university under the national and international scrutiny that now prevails.

A university president is paid a premium salary with the expectation that he/she will get results because of his/her skills to operate in a collegial manner.  The approach that has been taken in this matter leaves a black mark on the reputation of Lakehead University and could have a negative impact on the institution for years to come.

 All of us hope that the Board will do their due diligence, examine the situation and reconsider the wisdom of issuing this ultimatum before any further damage is done to the reputation of Lakehead University before the University has expended huge sums on unwarranted and indefensible legal bills.

2.            Contract Lecturers’ Committee Report

by Tuula Kilgour & Laurie Forbes, Co-Chairs  

As we end the winter semester and look forward to the coming spring and summer, it is an opportune time to reflect on the past academic year. We began the fall semester with a new Collective Agreement that ensured gains for all our members and a recognition for the long-serving Contract Lecturer Level IIIs. Our Annual Fall General Meeting was a celebration of Fair Employment Week and this year it was indeed a celebration! Our Annual Winter General Meeting was lively and provided some ideas for the direction the committee would like to take. We will be holding a committee meeting once the LUFA elections are complete and set goals for the upcoming academic year. The librarians hosted two library workshops for our members, and Human Resources will be holding a meeting to explain the Benefit package. One of our members will be attending the CAUT conference on Contract Academic Staff in Ottawa.  

Tuula Kilgour, Co-Chair may be contacted at (807) 344-6339 or via e-mail at tuula.kilgour@lakeheadu.ca  or Laurie Forbes at (807) 343-8966 or via e-mail at laurie.forbes@lakeheadu.ca

3.       Benefits Committee Report

by Batia Stolar, Chair

 This year, the Benefits Committee met to discuss its effectiveness during negotiations, its mandate, and how to best serve our members. To this end, two information sessions to go over the changes to our benefits plan in the new Collective Agreement have been organized. The first session, facilitated by Amber McCart, was held on Friday, April 24, and the second will be held on Thursday, May 14 (time and place to be confirmed via email). After the information sessions, the Benefits Committee will conduct a short satisfaction survey to poll our members to get a sense of the effectiveness of our current benefits carrier. We ask that all members submit the survey.

 The most persistent problem reported to the Benefits Committee has been the various problems retirees who opt into the benefits plan have had in gaining the correct information about their benefits coverage. The Benefits Committee is working to clarify the answers through the appropriate channels, and will provide an information session for retirees (date, time and place to be confirmed).

 Batia Stolar may be contacted at (807) 343-8489 or

via  e-mail at batia.stolar@lakeheadu.ca

4.       Research Committee Report

by Scott Pound, Chair

 The LUFA Research Committee has been active throughout the year holding regular meetings and communicating with individuals and groups about research policy. We advocated for the hiring of a technician to run the Virtual Reality Lab and that position has been filled. The committee has opened up new lines of communication with the Senate Research Committee. The committee has studied the proposed Strategic Plan 2010-2013 and communicated its concerns via the LUFA Executive. Finally, the committee has prepared a short online survey soliciting feedback about research policy at the university, which will be sent out soon. The LUFA Research Committee looks forward to continuing to serve members in the coming year and invites members to bring any research initiatives, issues, or concerns to the attention of the chair.

 Scott Pound may be contacted at (807) 343-8298 or via  e-mail at scott.pound@lakeheadu.ca

5.       CAUT Report

by Philip Allingham, LUFA Representative

Held twice a year (November and April) in Ottawa, these meetings attended by activist colleagues from across Canada are never dull, and often enlightening, particularly with respect to issues that post-secondary instructors, whether tenure-track faculty or contract-lecturers, are currently facing. This latest meeting of the CAUT Council was no exception, there being informed and animated discussions of a host of issues ranging from the corporate agenda on the nation's campuses, to gender equity in the professariate, to the government's new scientific research initiative to fund generously programs that bring the world's best foreign researchers to this country but do little to support those researchers already here. Academic freedom, including the censuring of the First Nations University in Saskatchewan and considering such a censure for Nova Scotia's Acadia University, was very much at the top of the agenda—as were major trends in collective bargaining (with Lakehead administration's receiving many dishonourable mentions). The election of three members-at-large out of a field of five well qualified, articulate, and thoughtful candidates provided plenty of informed discussion but no fireworks: these academics were absolutely civil with one another and respectful of the election process; the winners of the Saturday election, by the way, were Anver Salojee (a former CAUT Vice-President), Cindy Oliver (BC college educators), and Shelley Reuter (Concordia). Particularly informative was the portion of the council devoted to such issues as trade in educational services, post-secondary funding, civil liberties and academia, research integrity, and aboriginal post-secondary education funding. Your delegates, Diana Pallen and Philip, were impressed by the level of discourse generally.

 On Friday, April 25th, at its semi-annual Council, the CAUT passed two motions with respect to our plight, one deploring the retrograde labour management practices of the LU administration, the other offering support "by any means" to help us to get the administration to reverse its position. The LUFA Vice-President was invited to craft the former motion by representatives of OCUFA, and should be regarded as the principal author of the first, whereas the representatives from OCUFA drafted the second. Both were passed unanimously, reflected the grave concern this issue raises for all CAUT locals. Indeed, our issue dominated corridor conversations and floor motions at the CAUT, because our colleagues in other post-secondary institutions see this case as a bell-weather. Representatives of all other faculty associations and CUPE groups are astounded at the gall of the LU administration, regarding their decision as an illegal lockout and contract roll-back made under the guise of "financial exigency." I should hope that all members who are Senators will be prepared to regard the proposed Strategic Plan in the context of a concerted effort by administration to minimize and even negate the hard-won rights of faculty as they totally undermine the collective bargaining process in general and the recently negotiated collective agreement in particular. As I said in support of our position: "The rhetoric of 'greedy professors' and the stratagem of roll-backs as the sole answer to a university's financial problems will soon be coming to a campus near you!"

 Philip Allingham may be contacted at (807) 343-8836 or via email at Philip.allingham@lakeheadu.ca

6.       Pension Committee Report

by Jerry Phillips, Chair

 This has been a trying year for all those involved with Pensions.  The Pension Board  was extremely active, having  up to two or three pension meetings each month.  By engaging in such active oversight of our advisors and managers, we were able to keep the plan from having returns that were below average.  In the end, the plan lost 18 percent in 2008.  This is not a result we like to see, but it was better than many other pension plans.  

We have shifted our accounts to a different custodian (Northern Trust) and have  moved to another actuarial firm (AON).  The Pension Board is now in the process of assessing proposals from a number of potential advisors (including our current advisors) to provide us with sound advice in the future.  Once that is done we will be reassessing our investment policies regarding  risk tolerance.  Members should be relieved to know that we have separate corporations looking after different aspects of our pension fund and have various other checks and balances built into the system so that we do not encounter the problems that were associated with Bernie Madoff.

 If you require any information on the operation of the pension plan, please feel free to contact either Birbal Singh or myself.

 Jerry Phillips may be contacted at (807) 343-8636 or

via  e-mail at jerry.phillips@lakeheadu.ca

   Important Information

LUFA Collective Agreement 2008/2011

Hard copies of the collective agreement are now available, if you would like a copy please email Angie at lufa@lakeheadu.ca .