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    Questions of the Week – September 2024

    2024-09-27

    Q: Do FSA members working in Flexible Learning (Part-time Studies) have seniority?

    A: Seniority is a complicated matter in our Collective Agreement (CA); and it unfolds differently for our members than it often does for other unionized workers. Senior Labour Relations Representative George Talbott has a piece on seniority and the CA that I highly recommend. For members in PTS, the lynchpin right is rehiring. Indeed, the CA language doesn’t consider seniority as such but, instead, the right to be rehired. Article 5.2.5.2.7 says, simply, that unless the employer provides stated reasons to the contrary, PTS instructors can expect to be hired again. Unlike seniority, a senior instructor in PTS does not have a claim over other courses taught by more junior instructor. Nor can an instructor in PTS assert a seniority claim over a new course that no one has taught before.

    Q: I have an upcoming surgery scheduled, which I anticipate will involve significant recovery time. Who do I reach out to in order to help navigate this whole ship?

    A: Your manager should be in touch with the Rehabilitation Committee (Article 9.3.11). The Rehab Committee is a joint committee made up of two employer and two FSA appointees. It reviews short and long-term disability reports, making recommendations to the employer regarding accommodations and working with employees on graduated return-to-work plans.

    2024-09-20

    Q: It’s only our second week back in the semester and already some long-simmering conflicts in our Department have boiled over. What can the FSA advise to help solve in-Department conflict?

    A: Conflict being inevitable, the goal for working people in a trade union is to have solidarity in conflict. That is, working with one another toward a common goal. At the FSA, this is especially true when enacting Article 14 Department Rights practices. Indeed—and speaking very generally—the role of unions is to help mediate the labour relation between the employer and unionized employees in their bargaining unit, not to intervene on behalf of one member against another. If the conflict becomes disrespectful or worse, however, the FSA generally advises members to seek guidance from the RDI office.

    Q: I applied to fill an FSA seat on a management selection committee in my Department but someone else was chosen—someone who I feel is less qualified. Why was this?

    A: According to our Quad Agreement with Institute management: BCGEU Support Staff, BCGEU Faculty, and the FSA, on one hand, and the employer on the other, shall each hold an equal number of seats on selection committees for most BCIT managers. Internally, within the FSA, applications to occupy management selection committee seats are adjudicated by the President based on a variety of criteria, ultimately commensurate with what is best for the FSA.

    2024-09-13

    Q: My Department is looking to improve how we determine each individual’s vacation. Does the FSA have any tips on good practices?

    A: This is an area where Departments at the Institute tend to struggle. The Collective Agreement requires that the Department (which is defined as all the FSA employees and their related manager [like an AD] in one of the units specified by Appendix 3 in the Collective Agreement, with each individual holding one vote) plan a vacation calendar. A good practice is to have the Department list the times that its members may use their vacation days—we can call these vacation slots to distinguish them from actual vacation days that are selected and booked. After establishing vacation slots, members may then select what days they wish to take vacation, which is done in consultation with the Department as a whole. Ideally, members would select the days with as much advance notice as possible, but it’s possible that some people may book at the last minute. As a Department, you should work this out with each other as a collective unit.

    The reality, however, is that most Departments don’t work like this. Many either plug all their vacations into July and August (which is fine as a plan) or leave it to the AD to approve vacations. The Collective Agreement does not actually permit the AD to do this; it’s a Department right to plan the slots and an individual right to select one’s vacation. But if the Department leaves it to the AD, then they’ve made a defacto delegation to the AD and should think about taking that power back by motion. Or leave it with the AD if it’s easier. In that latter case, though, you’re basically asking the AD to permit you to take vacation, which is actually your right.

    Q: This is my first semester at BCIT. What information can the union give me?

    A: A great place to start is the New Member Handbook. The FSA also has a number of committees and caucuses, internal and external, that you can join—see the Get Involved dropdown menu on our website for more. Finally, you can attend our Annual General Meeting on October 23, 2024. If you haven’t already received an invitation, please reach out to us.

    2024-09-06

    Q: I’m generally happy with our vacation provisions, but I’m wondering whether Regular Faculty members can get more vacation days.

    A: Yes, eventually. Our Collective Agreement deals with vacation in Article 9.2. Regular full-time Faculty members, Tech Staff, and Assistant Instructors are entitled to an additional four (4) days of vacation per year upon reaching 20 years of service.

    Q: I heard you guys finally received hard copies of the latest contracts. That’s great! How do I get mine?

    A: Yes, we’re very excited. We’re not reserving copies of the new Collective Agreement, however; stop by the FSA offices in SE16-116 during business hours to get yours. If you have new members in your Department, please also pick up copies of the New Member Handbook.

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