What is OCADFA?
The Ontario College of Art and Design Faculty Association is a legally constituted association formed in 1965 to protect the rights and improve the working conditions of full and part-time faculty and academic staff in the College and is the only body that can negotiate terms of employment with the College. The Association is a member of the Ontario Confederation of University Faculty Associations and the Canadian Association of University Teachers.
How is OCADFA operated?
All faculty and academic staff employed by the University are eligible for membership in the Association. All faculty hired since September 1991, must be members as a condition of their employment. The members elect the Board that is responsible for the day-to-day management of the Association. It reports regularly to the membership and seeks the advice and direction of the members at membership meetings. OCADFA also employs an Executive Director who advises the Board on all matters of running the Association and representing OCADFA members.
What is the mandate of OCADFA?
As outlined in the Association’s Constitution, our mandate is to further the welfare of the Ontario College of Art & Design University and its academic staff, and to encourage and promote conditions, which in the view of the Association, will provide for the most effective teaching at the OCAD U.
How does the Association fulfill its mandate?
The Association fulfills its mandate primarily in three ways. First, it negotiates a Memorandum of Agreement with the University’s Administration. The Memorandum of Agreement is a legally binding document that governs the terms and conditions of employment for all academic staff. Second, the Association monitors the University’s compliance with the Memorandum of Agreement, and may file grievances where it believes that the University has violated the Memorandum of Agreement. Third, the Association acts as spokesperson for faculty and academic staff on issues of concern to them at the University, and within the broader post-secondary education sector.
What is the Memorandum of Agreement?
The Memorandum of Agreement is a legally binding document that affects all faculty and technicians at the College. It contains clauses regarding salaries, benefits, working conditions, access to jobs, equity, grievances, seniority, bumping rights, procedures for determining permanent status, etc. In addition, the Memorandum of Agreement outlines a procedure for negotiation of changes to any of the terms and conditions in the Memorandum of Agreement.
What happens if conditions at the University change? Do these things stay the same?
No. The Memorandum of Agreement is a living document. Since at least 1985, it has changed during every round of negotiations according to the needs of the Association.
How are changes made to the Memorandum of Agreement?
OCADFA members elect a Negotiations Committee for every round of bargaining, and the Committee is led by a Negotiations Chairs who also sits on the Board. The Negotiations Committee then establishes a bargaining mandate through extensive consultations with OCADFA members. Members provide input through regular membership meetings, targeted labour category consults and surveys, and a membership wide bargaining survey. This information is then combined with needs identified through grievances and sectors norms and trends. A unified mandate is then presented to the membership at an Annual General Meeting for discussion, amendment, and approval by the membership.
The Negotiations Committee then drafts proposed changes to the Memorandum of Agreement that reflect the mandate provided by the membership, and negotiates for these changes with the Administration’s negotiations committee. If the two committees agree on a package of amendments, then the Association brings the amendments to a membership meeting for ratification, and the University takes the amendments to Board of Governors for ratification. If both the members and Board of Governors ratify the package, the Memorandum of Agreement is modified in accordance with the agreement.
If the two committees are unable to reach an agreement in negotiations, then all outstanding matters are referred to an Arbitrator who then adjudicates the issues and issues a binding “award” that must be implemented.
Does the University ever ask for changes?
Yes, they do.
Doesn’t legal advice cost money?
Yes it does. Legal expenses, whether they are for mediation, grievances, advice or negotiations, are paid for from the fees collected from the membership.
Why should I belong to the Association and pay fees. Don’t I get benefits anyway?
The Association negotiates with the University for all faculty and academic staff whether they are members or not, and all faculty and academic staff pay dues regardless of their membership status, as a requirement of law and our Memorandum of Agreement. However, if you are not member, you cannot vote either for or against any of the issues that are raised regarding the terms of your employment. You are not able to nominate or vote for the Association’s Board or Negotiations Committee sit, or hold any position within the Association.
Can’t I just go to my Chair or the Dean or the President and tell them what I want?
Individuals cannot negotiate terms for their employment inconsistent with the Memorandum of Agreement. That would be in violation of the Memorandum of Agreement.
If I am not a member of the Association, do I have to follow everything in the Agreement?
Yes. Non-membership does not exclude you from complying with the document.