Instructor Workloads Should Be Retroactively Applied According to Arbitrator Kaplan

Instructor Workloads Should Be Retroactively Applied According to Arbitrator Kaplan

January 7, 2019

After ratification of the new collective agreement, a dispute arose between CUASA and Carleton University about the retroactivity of the collective agreement, more specifically about Instructor workload calculations. Carleton University took the position that there was no retroactive application under the Minutes of Settlement. CUASA’s position was that the provisions of Article 32 (previously Article 33) governed, meaning the collective agreement was retroactive to May 1, 2017, and thus the changes on the instructor workload calculations were as well. The parties returned to Arbitrator William Kaplan, who remained seized under the Minutes of Settlement.

CUASA is pleased to report that Arbitrator Kaplan has decided in favour of the Association on the retroactivity of Instructors’ workload calculations. With this decision, all Instructor workload calculations are now retroactive to May 1, 2017.

Please find the written decision here. All instructors will need to discuss with their Chairs/Directors how their workloads will be adjusted to account for this, or overloads will be paid.

Should Instructors encounter any further problems from Carleton University on the adjustment of the workloads, please contact CUASA’s Senior Grievance and Arbitration Officer, Christal Côté, at grievance@cuasa.ca.

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