Strike – Frequently Asked Questions

FA Off-Campus Headquarters

92 Capital Dr. Unit 5, Charlottetown, PE (formerly Combat Computers)

Hours

Monday – Friday 7:30 AM – 6:00 PM

Contact

902-916-7639

Strike Pay

UPEIFA is approved for strike pay from the CAUT Defence Fund. These non-taxable funds will be distributed by UPEIFA to those members who perform strike duty (such as picket duty or other equivalent work). The first strike payment will be on March 31, 2023. After that, you will receive a payment each Friday through your preferred method. Pay is set at the following rates:

Day 1 to Day 7Day 8 to Day 14 Day 15 +
$100 per day$135 per day$160 per day

Strike duties are performed 5 days a week during one 2 hour shift per day. Even though members perform 5 days of strike duty, members actually earn 7 days of pay.

To qualify for strike pay, you must withhold your labour from the employer and remove yourself from campus. This means that members must cease:

  • responsibilities in teaching, professional practice, research, service, consultation, supervision, coaching, and administrative duties in both on- and off-campus locations (remotely by telephone, email, video conferencing, or other means)
  • clinical teaching or routine advising of graduate students, residents or interns;
  • teaching in continuing education programs provided by UPEI;
  • all research, scholarly activities, or professional development activities funded through the University (e.g., research funds administered by UPEI, PDTR, etc.)
  • all university, clinical, diagnostic, professional or ambulatory services in both on- and off-campus locations–except those duties covered in the Memorandum of Agreement on Proper Animal Care
  • participation on all University committees or on non-University committees where the Member is a designated representative of the University;

Strike Pay & Benefits

Mike Arfken: [email protected]
Bill Whelan: [email protected]
Carolyn Peach-Brown: [email protected]

The first strike payment will be on March 31, 2023. After that, you will receive a payment each Friday.

All FA members participating in strike duties, including sessional instructors, receive the same rate of pay. No members will have pro-rated rates of pay.

In the event of job action, it is expected that FA members will perform strike duties 2 hrs a day, Monday to Friday.

During job action, FA members may request sick leave by attesting to being sick and not able to picket or participate in alternate picket duties on a given day. A FA member can request up to 3 days of sick leave during the period of job action. This can increase to 5 days if a FA member has a highly contagious virus, such as COVID-19 or influenza. A FA member will receive strike pay for each day on an approved sick leave.

Sick leave requests will be reviewed and approved by the Strike Adjudication Committee on a case-by-case basis.

Yes, the UPEIFA will arrange for a loan from the CAUT Defence Fund to cover both the employer and the member’s Employee & Family Assistance Program premiums for the duration of the strike that are normally paid by FA Members.

The Employer has indicated that Employee & Family Assistance Program coverage can continue as long as premiums are paid.

The Employer has indicated that Long Term Disability Coverage terminates on the day of the strike. For those employees with approved claims, Long Term Disability benefits will continue. Long Term Disability Coverage will be terminated for the duration of the strike. New claims originated during a strike will not be processed until the conclusion of the strike.

Yes, the UPEIFA will arrange for a loan from the CAUT Defence Fund to cover both the employer and the member’s ADD insurance premiums for the duration of the strike that are normally paid by FA Members.

The Employer has indicated that Accidental Death & Dismemberment Insurance coverage can continue until the end of the month following the date of a strike, as long as premiums are paid. However, even if premiums are paid by the UPEIFA, coverage for Accidental Death & Dismemberment is only available until the end of the month following the date of a strike and will terminate thereafter.

If you have Critical Illness Insurance, which is optional 100% employee paid benefit, the Employer has indicated that coverage can continue until the end of the month following the date of a strike, as long as premiums are paid. The obligation rests with the striking employee to arrange and ensure payment of Critical Illness Insurance premiums.

Striking employees who wish to continue Critical Illness Insurance coverage must contact Employee Services at [email protected] to make arrangements to pay their premiums during a strike, otherwise Critical Illness Insurance coverage terminates on the date of the strike. If coverage terminates, the employee will be required to reapply and requalify for Critical Illness Insurance upon their return to work and all policy conditions, including those with respect to pre-existing conditions, will apply to that application and any coverage that results from it.

Yes, the UPEIFA will arrange for a loan from the CAUT Defence Fund to cover both the employer and the member’s Group Life insurance premiums for the duration of the strike that are normally paid by FA Members.

The Employer has indicated that coverage can continue until the end of the month following the date of a strike, as long as premiums are paid. However, even if premiums are paid by the UPEIFA, coverage for Group Life Insurance is only available until the end of the month following the date of a strike and will terminate thereafter.       

If you have additional Optional Life Insurance, which is optional 100% employee paid benefit, the Employer has indicated that coverage can continue until the end of the month following the date of a strike, as long as premiums are paid. The obligation rests with the striking employee to arrange and ensure payment of Optional Life Insurance premiums.  Striking employees who wish to continue Optional Life Insurance coverage must contact Employee Services at [email protected] to make arrangements to pay their premiums during a strike, otherwise Optional Life Insurance coverage terminates on the date of the strike.  If coverage terminates, the employee will be required to reapply and requalify for Optional Life Insurance upon their return to work and all policy conditions, including those with respect to pre-existing conditions, will apply to that application and any coverage that results from it.   

   

The Employer has indicated:

Pensionable service does not accrue and there will be no member or employer contributions during a strike and that there will be no member or employer contributions to RRSP during a strike, the UPEIFA

Susan Connolly, Associate Vice President, Human Resources & Legal, via email to the UPEIFA

Yes, the UPEIFA will arrange for a loan from the CAUT Defence Fund to cover both the employer and the member’s Supplementary Health Coverage (Blue Cross) premiums for the duration of the strike that are normally paid by FA Members.

The Employer’s has indicated that Supplementary Health Coverage (Blue Cross) can continue for up to six months from the end of the month in which the strike commences, as long as premiums are paid.

Yes, the UPEIFA will arrange for a loan from the CAUT Defence Fund to cover travel insurance premiums for the duration of the strike that are normally paid by FA Members.Travel insurance, aka Emergency Medical Travel insurance,

The Employer has indicated that coverage can continue for up to six months from the end of the month in which the strike commences, as long as premiums are paid.

No. The University has indicated:

The payment of salaries, including stipends, allowances, and premiums, will be suspended for all UPEIFA members upon the commencement of the strike and for the duration of the strike.  Payment for work done before the strike will be paid on the regularly scheduled pay date.  In most instances, this payment will have to be made while the strike is in progress.  In the event there is an over payment (due to, for example, the strike date being near the end of a pay period), any such over payment will be deducted on the first pay following the strike. 

However, all current FA members that withhold their labour from the employer and participate in strike duties will qualify for strike pay. More information about strike pay is available at https://www.upeifa.ca/ufaq/how-much-is-strike-pay/.

The Employer has indicated:

Statutory and University holidays will not be paid during the period of the strike.  

Susan Connolly, Associate Vice President, Human Resources & Legal, via email to the UPEIFA on February 9, 2023

Medavie Blue Cross – Health Spending Account Claim Form [PDF]

Strike – Picketing

Mike Arfken: [email protected]
Bill Whelan: [email protected]
Carolyn Peach-Brown: [email protected]

If you are not able to participate in picketing between the hours of 8:00 am – 4:00 pm, there will be an option to participate in a 4:00 – 6:00 pm picketing shift for those unable to make the daytime shifts for any reason.

The picket line is the visible sign and symbol of union solidarity. It is also the sign that an employment relationship has been suspended, either by lockout or strike, and that it is not business as usual in the workplace.

Picketers may not and must not employ physical violence, but they may distribute information about the dispute and appeal for support from the public and from those who do business with the employer, such as suppliers, delivery people, letter carriers, etc.

  • FA members will be assigned to one of 13 picket teams (12 day time teams 8:00 am – 4:00 pm and 1 evening team 4:00 – 6:00 pm).
  • Picket Teams will be assigned to a specific entrance and will picket only at that entrance for one week. A Picket Team will then move to another entrance in the subsequent week (if needed). 
  • A Picket Team will advance by 2 hours through the different picketing times on subsequent days. For example, Team 1 will picket at Entrance 1 from 8:00 – 10:00 on Monday and then picket at the same entrance from 10:00 – 12:00 on Tuesday. So your picket assignment is at different times on different days.
  • Picket Team assignments will be communicated to FA members by March 16.
  • Contacting members to update them on mobilization efforts and bargaining by both phone and email.
  • Commenting on, critiquing, or sharing posts on either social or media sites.
  • Finding, tracking, and forwarding news stories with a favourable perspective to trigger Google analytics to share those stories with others.
  • Bargaining related research including researching other collective agreements, costing, or other research initiatives to support the bargaining team.
  • Data entry and clerical work
  • Other creative web-based activities we have not conceived of yet.
  • Warm, water-proof clothing, including gloves
  • Warm, comfortable boots – do not underestimate this!
  • Water bottle that won’t freeze
  • Nothing that can be construed as a weapon
  • Normal things like wallet and cellphone
  • Above all, bring your resolve for a fair deal!

Belvedere Ave Entrance Picket: Parking is available at the Farmers Market or Superstore.

University Ave (Main Entrance) Picket: Parking is available at Superstore or the back parking lot of the Union of Public Sector Employees (UPSE) Office at 4 Enman Crescent.

New Road / Alumni Hall Entrance Picket: Parking is available at the back parking lot of the Union of Public Sector Employees (UPSE) Office at 4 Enman Crescent.

Strike – Leaves

The Employer has indicated that:

Vacation leave will not be approved or paid during the period of the strike. Those striking employees receiving vacation leave at the commencement of the strike will have this entitlement terminated effective the date of the strike. 

Susan Connolly, Associate Vice President, Human Resources & Legal, via email to the UPEIFA on February 9, 2023

Mike Arfken: [email protected]
Bill Whelan: [email protected]
Carolyn Peach-Brown: [email protected]

The Employer has indicated that:

For members on a leave without pay approved prior to the commencement of the strike, if any such members notify the University that they will not participate in any aspect of the strike, the University will continue to maintain their current benefits at the level indicated in their Continuation of Benefits form for the duration of the approved leave without pay.  If the member is scheduled to return to work during the strike period, their status will be that of an employee on strike and all terms and conditions of employment will be the same as other striking UPEIFA members.  Leave without pay will not be otherwise be approved, commenced, extended or paid during a strike.  

Susan Connolly, Associate Vice President, Human Resources & Legal, via email to the UPEIFA on February 9, 2023

If either the Employer withholds salary from a Member on approved leave in anyway or the Member indicates to the Association that they wish to participate in the strike and the Employer withholds her/his salary as a result, the Association shall extend strike benefits to such a Member. It is the responsibility of the Member to inform the Association if such situations arise. However, the Member would, then, be expected to participate in strike duty. Should the Member believe that there are extenuating circumstances that may prevent them from participating in strike duty, they should contact the Strike Adjudication Committee immediately for direction.

The employer has indicated:

For members on a period of pregnancy and/or parental or for members who had the required pregnancy and/or parental leave paperwork submitted to HR prior to the commencement of the strike for a leave scheduled to start within the strike period, if any such members notify the University that they will not participate in any aspect of the strike, the University will continue to pay (if applicable) their waiting period salary and top up amounts, and provide benefits at the level indicated in their Continuation of Benefits form for the duration of the approved pregnancy and/or parental leave. If the member is scheduled to return to work during the strike period, their status will be that of an employee on strike and any salary will cease and all terms and conditions of employment will be the same as other striking UPEIFA members. Pregnancy and parental leave benefits will not be otherwise be approved, commenced, extended or paid during a strike.

Susan Connolly, Associate Vice President, Human Resources & Legal, via email to the UPEIFA on February 9, 2023

UPEIFA’s Policy Governing Strike Action During the Collective Bargaining Process states that unless advised otherwise by the Member, any Member who is on sabbatical leave, or another type of paid leave, will not be considered to be on strike by the Association. The Member should contact Associate Vice President, Human Resources & Legal, to inform the Employer that they will not will not participate in any aspect of the strike. Please copy the FA on the correspondence ([email protected]).

However, if either the Employer withholds salary from a Member on approved leave in anyway or the Member indicates to the Association that they wish to participate in the strike and the Employer withholds her/his salary as a result, the Association shall extend strike benefits to such a Member. It is the responsibility of the Member to inform the Association if such situations arise. However, the Member would, then, be expected to participate in strike duty. Should the Member believe that there are extenuating circumstances that may prevent them from participating in strike duty, they should contact the Strike Adjudication Committee immediately for direction.

The employers has indicated:

For members currently on sabbatical leave, if any such members notify the University that they will not participate in any aspect of the strike, the University will continue to pay salary and provide benefits for the duration of the approved sabbatical leave.  Any members that choose to continue their sabbatical will, at their option and with approval of their Dean, continue to have access to their office and lab (if applicable).  If the member is scheduled to return to work during the strike period, their status will be that of an employee on strike and their salary will cease and all terms and conditions of employment will be the same as other striking UPEIFA members.   

Susan Connolly, Associate Vice President, Human Resources & Legal, via email to the UPEIFA on February 9, 2023

UPEIFA’s Policy Governing Strike Action During the Collective Bargaining Process states that unless advised otherwise by the Member, any Member who is on sabbatical leave, or another type of paid leave, will not be considered to be on strike by the Association. The Member should contact Associate Vice President, Human Resources & Legal, to inform the Employer that they will not will not participate in any aspect of the strike. Please copy the FA on the correspondence ([email protected]).

According to the Policy Governing Strike Action During the Collective Bargaining Process [PDF], if either the Employer withholds salary from a Member on approved leave in anyway or the Member indicates to the Association that they wish to participate in the strike and the Employer withholds her/his salary as a result, the Association shall extend strike benefits to such a Member. It is the responsibility of the Member to inform the Association if such situations arise. However, the Member would, then, be expected to participate in strike duty. Should the Member believe that there are extenuating circumstances that may prevent them from participating in strike duty, they should contact the Strike Adjudication Committee immediately for direction.

The Employer has indicated that:

“For members on a period of sick leave approved prior to the commencement of the strike, if any such members notify the University that they will not participate in any aspect of the strike, the University will continue to pay salary and provide benefits for the duration of the approved sick leave.  If the member is scheduled to return to work during the strike period, their status will be that of an employee on strike and their salary will cease and all terms and conditions of employment will be the same as other striking UPEIFA members.  Sick leave will not be otherwise be approved, extended or paid during a strike.”

Susan Connolly, Associate Vice President, Human Resources & Legal, via email to the UPEIFA on February 9, 2023

UPEIFA’s Policy Governing Strike Action During the Collective Bargaining Process states that unless advised otherwise by the Member, any Member who is on sabbatical leave, or another type of paid leave, will not be considered to be on strike by the Association. The Association will, thus, not expect such a Member to participate in strike duty.

If either the Employer withholds salary from a Member on approved leave in anyway or the Member indicates to the Association that they wish to participate in the strike and the Employer withholds her/his salary as a result, the Association shall extend strike benefits to such a Member. It is the responsibility of the Member to inform the Association if such situations arise. However, the Member would, then, be expected to participate in strike duty. Should the Member believe that there are extenuating circumstances that may prevent them from participating in strike duty, they should contact the Strike Adjudication Committee immediately for direction.

Strike – Campus Access

The UPEIFA would like to minimize crossing back and forth on the line as much as possible. We ask that you consider volunteering at another off-campus food bank or find another way to give back that does not involve crossing the line.

The UPEIFA would like to minimize crossing back and forth on the line as much as possible. We ask that you consider using another off-campus gym or facility that does not involve crossing the line.

Yes, as long as no strike duties/picketing completed while on the premises of the Child Care Centre.

In anticipation of a labour disruption, the UPEI Faculty Association signed an Memorandum of Understanding agreement with UPEI Administration outlining the essential services that FA AVC members would provide to ensure the continuity of animal care. We would like to stress that the services these FA members will be providing during a labour disruption are absolutely vital for enabling the rest of us to remain on strike. When our AVC colleagues cross the picket line to fulfill this vital role, we encourage FA members to let them know how much they appreciate their service and dedication to our cause.

Those clinicians on the essential services schedule for each of the service units shall provide:

  • all required care for teaching and research animals
  • all required care foranimals admitted at the time of work stoppage until discharged
  • emergency care of animals under the primary care of the VTH
  • primary, secondary,tertiary, and quaternary care where applicable, for emergent and urgent (having health-related time-sensitivity) veterinary
  • patients willbe provided at the discretion of the essentialclinician on duty
  • emergency and urgent diagnostic services.

During a strike, UPEIFA members who would like to receive strike pay must withhold their labour from the University. If you access campus uring the strike this is considering crossing the picket line. Members providing Essential Services may access campus.

Strike – Food

Compostable cups will be provided, but it is a good idea to bring your own coffee/tea thermos.  A water bottle is also a good idea if that is your preference.  If you have specific (and relatively uncommon) dietary needs, we recommend that you bring your own food. See “What if I have special dietary needs?” below.

Members of the “foodiecrew” will visit the picket lines during each shift. Because it is difficult to manage cutlery when walking and possibly holding a sign or hot beverage, we will be offering “one hand” items only, including breakfast sandwiches, wraps, baked goods, fruit and trail mix.

We will park our “foodiecrew” van near the picket line. We can take food to the line but will ask picketers to come to the van to retrieve a beverage. Since we are not attempting to stop traffic, it is fine for a few picketers at a time to leave the picket line and come and get their beverage.

As you may know, we surveyed FA members to determine how many people have special dietary needs.  We have found that that vegetarian food is the most common request (30%) followed by gluten free (14%) and diabetic (8%). There were small numbers of people (5%) indicating that they consume only vegan, halal, lactose free (5%) or nut free foods. One or two people reported several dietary restrictions including  vegetarian and gluten free or that they were following a ketogenic diet (high fat, low carb).

While we would love to provide individualized catering to everyone, this is not possible with a strike. Every day will have different people on the picket line and therefore the numbers with dietary needs will change. The caterer cannot manage orders that change daily and we do not have the capacity to track all picketer’s dietary needs on a daily basis.  We have made a strong effort to include a variety of foods to address the most common special dietary needs.  At every shift, we will have vegetarian, vegan, gluten free items and foods suitable for someone with diabetes. We have also requested a small number of halal and lactose free items. Nuts and shellfish will not be included in any food items, but if your allergies are severe (life threatening), we advise that you take your own food. Further, if you have an uncommon dietary need (keto, GERD diet, condiment free or combined + sensitivities e.g. vegetarian + gluten free), we advise that you take your own food.  We cannot guarantee that there will always be sufficient food items to meet your dietary needs as the numbers at each picket line will vary.

We know from our experience with the 2006 UPEIFA Strike that providing good food and hot drinks to our picketers is very important for keeping morale up and is much appreciated by our members!

The FA will therefore again be providing food and beverages to picketers at each picketing shift. We are happy to say that we have an established, reliable local chef/caterer contracted and we are confident that the food will be healthy and good tasting. We will make an effort to provide special dietary needs (see FAQ on dietary needs).

FA members working at headquarters will also be provided with the same food and beverages that are delivered to the picket lines.  Note that headquarters has a water dispenser, a microwave, a kettle but no sink so we cannot wash dishes or equipment. Wet wipes, paper towel and compostable dishes and cutlery will be available.

FA members completing remote strike duties are reponsible for their own food needs.

Strike – Miscellaneous

Yes, as long as you are employee with another organization and you are not fulfilling duties of your UPEI contract. For example, if you are a CNI or a nursing faculty member who also works with Health PEI on a separate contract, you may work your Health PEI position as long as you do not undertake any UPEI-related duties during that time.

Mike Arfken: [email protected]
Bill Whelan: [email protected]
Carolyn Peach-Brown: [email protected]

The UPEIFA was on strike for 16 days in 2006. It lasted from 7:30 am, Tuesday, March 21, 2006 through April 5th, 2006.

The UPEIFA’s main issues during the strike was salary comparability within the region, workload, benefits and ending mandatory retirement.

Whether on or off campus, whether in-person or electronically, members may not engage in teaching/research/service/other during a strike.

If an FA member continues to teach or give exams via Moodle or other means, this would be considering crossing the strike line and then the member would be disqualified for strike pay.

92 Capital Dr. Unit 5 (formerly Combat Computers), Charlottetown, PE C1E 1E7