AASUA Newsletter
February 7, 2012

In this issue

In brief

    January was a long but rewarding month for AASUA. It started with more work fine-tuning the soon-to-be-delivered benefits survey and concluded with a first-ever Open House and the return of a get-together with the Board of Governors.


    The Association of Universities and Colleges of Canada’s revised statement on Academic Freedom was not supported by UofA when it passed in October and Administration upholds the wording about Academic Freedom in the collective agreements.


    Last year’s grievance against AASUA regarding CAUT’s investigation of the Faculty of Medicine and Dentistry has been withdrawn by the Board of Governors. A cloud has lifted, and relations continue to improve as a consequence.


    Working on wording to protect you when you use Google Apps for Education (GAfE) email has resulted in an understanding that satisfies both Administration and AASUA. In terms of you, the End-User, the rules and regulations governing the handling of email and electronic data on campus has not changed with the introduction of GAfE.


    No sector of university employment has grown more in size during the past decade than the indispensable cohort of academics hired on term contracts to teach undergraduates. The concerns of Contract Academic Staff (Teaching), or CAST, can now be more readily identified and shared with those of their colleagues at other Canadian universities.

Features

May February be so good

The new year’s first month brought some welcome changes in the state of affairs at AASUA, besides the usual fixtures. AASUA’s officers’ monthly lunch meeting with Provost Carl Amrhein, Vice-Provost (Faculty Relations) Jay Spark, and Vice-Provost and Associate Vice-President (Human Resource Services) Chris Cheeseman occurred on 25 January, and the monthly meetings of Executive and Council took place, but there was also one extra meeting of Executive as well as a three-hour retreat to discuss broader matters that lengthy monthly meetings have been unable to address. The Executive has worked very hard this year, as have the constituency and standing committees of the association.

Beyond these developments, AASUA hosted its first-ever Open House in its offices on the sixteenth floor of College Plaza. The event was well attended, and the staff and President Ian MacLaren enjoyed an opportunity to meet members who found a moment to visit the renovated space. An increasing number of members appear cognizant of the value of the services that AASUA provides and the work that it is able to accomplish for them. To the extent that this is the case, AASUA pays particular tribute to the members who serve on Council, Executive, and the association’s standing and constituency committees.

A highlight of January occurred on the last day of the month, when not only were the matters of the Board’s grievance against AASUA and AASUA’s Notice of Grievance regarding the contract signed with Google Inc. resolved (see items below), but Marc de la Bruyère, member of the Board of Governors and chair of its Human Resources and Compensation Committee, hosted a dinner that brought together several members of the Board with officers and several committee chairs from both AASUA and NASA. This rejuvenation of an annual event last held some years ago was particularly welcome in a year in which headway is occurring in the improvement of relations between the association and the university’s administration and board. AASUA heartily thanks Mr de la Bruyère for his efforts. Continuing the development of working relations with NASA is also occurring and seen by both associations as needful.

In that vein, the recently appointed new chair of the Board of Governors, Douglas Goss, QC, met with the NASA and AASUA presidents late last week in the company of acting-chair of the board, Gordon Clanachan. Mr Goss introduced himself and sought during the frank discussion to familiarize himself with AASUA’s and NASA’s perspectives on the university, which he knows well as an alumnus with degrees in Commerce and Law, partner in various initiatives in the Faculty of Law, parent of a current student, and native Edmontonian. AASUA is pleased as well that Mr Clanachan will continue in his role as vice-chair of the Board.

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Administration and AASUA align on Academic Freedom

Last December, AASUA President Ian MacLaren addressed a letter to UofA President Indira Samarasekera after learning that the Association of Universities and Colleges of Canada (AUCC) had celebrated its centennial by issuing a statement on academic freedom. Compared to its statement from 1988, the unanimously supported one issued on 25 October 2011 significantly watered down the meaning of the cherished principle, emphasizing institutions’, not individual academics’, academic freedom (available here). In an open letter to the AUCC of 4 November, the Academic Freedom and Tenure Committee of the Canadian Association of University Teachers (CAUT) decried the new wording, and on 10 November AUCC bristled by way of retort .

On behalf of its members, AASUA wished to know where UofA’s administration stood on this important matter. In a letter of 1 February, President Samarasekera provided this reply:

“With regard to your questions: I was not present at the AUCC meeting nor was the university involved in developing the new AUCC statement on academic freedom.

“I want to confirm my full support for the University of Alberta’s vision of academic freedom as it is expressed in Articles 2.02.1 through 2.02.4 of our Faculty Agreement. The university will not unilaterally opt out of guarantees enshrined within Article 2.02, nor do we have any wish to do so. Our contractual agreement takes precedence over policies of outside entities with whom we may have an affiliation or support in a general sense.

“I share your concerns that the new statement appears to be a departure from the 1988 AUCC statement and is a more restricted understanding of academic freedom than our own statement.”

This reply comes as welcome news. Article 2 of the agreements of Librarians, Contract Academic Staff: Teaching, Academic Faculty, and Faculty Service Officers reads as follows (a slightly different wording is in the Trust/Research Academic Staff Agreement):

2.02.1 The University of Alberta is committed to the pursuit of truth, the advancement of learning, and the dissemination of knowledge.

2.02.2 The University expects each staff member to engage in these endeavours.

2.02.3 The parties to this agreement subscribe to the principles of academic freedom, that is, the right to examine, to question, to teach, to learn, to investigate, to speculate, to comment, to criticize without deference to prescribed doctrine. Academic freedom does not confer legal immunity; nor does it diminish the obligation of members to meet their responsibilities to the University as set out in Article 7 (University responsibilities).

2.02.4 Members have the right to publish the results of their research without interference or censorship by the institution or its agents.

(The most recent version of all seven collective agreements can be found at this link.)

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A cloud has lifted

AASUA is pleased to advise that the Board of Governors has withdrawn the formal grievance that it filed against the association on 24 April 2011. The grievance alleged that the association had violated Alberta’s Post-Secondary Learning Act and breached the terms of the Faculty collective agreement. The action originated from the announcement in January 2011 that the Canadian Association of University Teachers (CAUT) had initiated an ad hoc investigation of the UofA’s Faculty of Medicine and Dentistry. The grounds for the grievance are listed in the 19 May 2011 issue of Rhumblines. Happily, the Board of Governors withdrew this grievance last week, on 31 January.

Under the Faculty and other agreements, grievances are defined as allegations or complaints that a violation or improper application of the terms of the Agreement. In this instance, the Board of Governors claimed that the AASUA was “acceding to, condoning, facilitating and/or supporting efforts by its affiliated organization, the CAUT, to conduct an ad hoc investigation,” and thereby violating its obligation as the sole bargaining agent for its members, as decreed by the Post-Secondary Learning Act and the Faculty Agreement. In formally rejecting the grievance’s allegations, the association stated that what it discusses with CAUT has no bearing on AASUA’s exclusive authority to negotiate terms and conditions of employment of academic staff.

What changed? Because of good working relationships and discussions with administration, an ongoing process of resolving issues is addressing the problems in the faculty.

While the CAUT’s ad hoc investigatory committee’s process has yet to conclude, it is accurate to state that the history of successfully resolving issues that the association enjoys with the administration has prevailed, and the fair representation of members is the result. Working under the duress that a grievance imposes is difficult, but AASUA both appreciates the adminstrators’ cooperation and resolve to identify and remedy problems, and deeply thanks the association’s MSO team for its continuing efforts to find solutions that will help the Faculty of Medicine and Dentistry to thrive.

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Google Apps for Education at UofA

Last Tuesday (31 January), AASUA withdrew the Notice of Grievance that it filed on 7 June 2011 with the university’s administration. This Notice of Grievance concerned the contract that the administration had signed with Google Inc., which made it the provider of email services to staff and students. AASUA is pleased to report that the Notice never proceeded to the next formal stage—filing of a grievance—and that the notice was withdrawn this past week, on 31 January.

From earlier issues of Rhumblines or a reading of the collective agreements, members will recall that, pursuant to Article 27 in the six agreements (Article 24 in the SOTS Agreement), a Notice of Grievance requires the administration and association to meet to discuss whatever concerns arise from actions or failures to act by one or another party. If the discussion yields no common ground or remedy, then the formal grievance is filed. This step could lead to arbitration. In this case, neither was the grievance filed nor was arbitration required.

From the outset, meetings that took place made headway, including gaining permission from Google Inc. to review the redacted clauses of the contract, and a resolution of wording finally emerged last month. The upshot is that the introduction of an outside provider into the provision of email to academic staff will not alter the obligations that the administration had before a third-party provider was contracted. Those obligations include protecting and regulating the data and correspondence transmitted by users through Google Apps for Education (GAfE), and accessing it only under the limited terms that are required by legislation of a public employer. The terms of the agreement leave AASUA satisfied that it can discharge its duty of fair representation of its members, who are identified in the Google agreement as the “end users,” and who are entirely responsible for the contents of their communications.

As you may know, on the eve of the settlement of this matter, Google Inc. announced its intention to link user data across its email, video, and social-networking sites. Of course, this prospect raised concerns about security (see, for example, the story here), so AASUA emailed our colleague, Vice-Provost and Associate Vice-President (Information Technology) Jonathan Schaeffer, to ask if GAfE would be included or, like Chrome Web service or the Wallet service for electronic payments, excluded from the bundling of services that the 1 March change in policy will bring about. He asked Google and received the reply that GAfE customers would not be affected, so there is still no threat that your emails received or sent through your @ualberta.ca address will be mined for trends, patterns, and other information that could be provided to advertisers or the like. Jonathan’s wording was as follows: “We have confirmation from Google. Nothing has changed on the Education side.”

The wording of the letter of agreement received by AASUA on 31 January includes the following passages: “In entering into its agreement with Google, the University of Alberta retains its rules and practices stipulating terms of access to and protecting confidential information in End-User accounts. Further, the University renews its commitment to apply and enforce such rules and practices in a manner consistent with academic freedom as defined by the academic staff agreements”; and “It is important to note that the Google Contract is an agreement between the University of Alberta and Google Inc. and does not alter the relationship between the University and academic staff members. The University of Alberta and AASUA are mutually committed to the principles of academic freedom embodied in the Faculty, FSO and Librarian agreements. This commitment is in no way diminished by the Google Contract. The University will continue to support and protect the academic freedom of its academic staff members.”

AASUA thanks Professor Schaeffer, Gordie Mah, and others working in IT for the help that they provided as the association worked towards a new understanding of what the relationship between Google (“the provider”) and UofA (“the customer”) means for the relationship between the customer and AASUA members (the “end-users”).

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CAUT turns on to CAST

The Contract Academic Staff Committee of the Canadian Association of University Teachers (CAUT) is working to raise awareness about issues facing contract academic staff (teaching) (CAST) and to facilitate contact among CAST members across the country. While we all have issues unique to our own contracts and situations, we also need to share matters of common interest. At UofA, CAST number almost 950 this year, 22% of AASUA’s membership, the only one of seven constituencies to have grown by any appreciable amount in the past year. The casualization of university teaching appointments has become as great a concern to university administrations and students’ unions as to academic associations. At UofA, there are fewer than three tenured or tenure-track professors for every CAST, but it is unknown what percentage of undergraduate classes are taught by the latter.

An article in the January 2012 issue of the CAUT Bulletin concerns the weaknesses of student evaluations as a measure of teaching competence, and the problems that can arise for CAST if their jobs depend on anonymous surveys. In the hopes of reaching a broader audience, we’ve added entries to Wikipedia on Sessional Lecturers and also on Fair Employment Week. One of our current projects is to look into Academic Freedom and how it relates to CAST members, in particular in the absence of job security.

CAUT has created a listserve for CAST members to share information and discuss issues regarding contract academic work. This is an open list, which any CAUT member can read, so post accordingly. If you’d like to join the list, send your name and email address to Jocelyne Fortier (fortier@caut.ca).

We are also planning to publish an edited volume on the effects of the greater reliance on contingent academic labour in the academy. A call for papers can be found at this link.

If you would like further information about CAST’s role in CAUT, or to discuss any these issues or recent initiatives, or to volunteer to serve with the AASUA, please contact the author of this item, Dr. Kelly MacFarlane (kelly.macfarlane@ualberta.ca).

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