Know Your Rights!

The University of Manitoba’s Policies, including Respectful Work and Learning Environment, HIV/AIDS, Employment Equity and Human Rights Policies, entitle you to certain protections, as do the Manitoba Labour Relations Act, the Workplace Safety and Health Act, the Human Rights Code, and the Employment Standards Code.

In addition to the rights given to you by law, collective agreements contain rights that are bargained and enforced by your union. The collective agreements between the University of Manitoba and Local 3909 of the Canadian Union of Public Employees establish your rights as a University of Manitoba employee. The following is only a summary of the more significant rights spelled out in the collective agreements. Being familiar and understanding your rights will ensure that you are fairly treated and compensated for your work. Contact the union office for more information or a copy of your collective agreement.

Unit 1: Students employed as Teaching Assistants, Grader Markers, Demonstrators, Tutors, and Lecturers have the right to...

Be paid for all the Duties you perform
You are entitled to be paid at you regular hourly rate for all duties associated with your position, including all the duties specified in the job posting and any others you are assigned. If you are required, for example, to attend the lectures of the course for which you are a TA, participate in training or orientation workshops, keep office hours, prepare instructional material, develop expertise in areas further to those outlined in the qualifications for the position, or invigilate exams, you should be paid for this work. Articles 14.2 and 14.3 In the case of lecturer/instructors, there is a flat rate covering all the work required for each course. Schedule A, Note 3(6).

See Schedule A of the collective agreement for currents pay rates. Level 2 positions usually require an undergraduate degree, while Level 1 positions do not; the pay differential is to reflect this difference. TAs, GMs, tutors and demonstrators are paid an hourly rate that is consistent throughout the year, instructors are paid a stipend that changes depending on which session (regular, summer, intersession) the course is being taught in.

To be provided with what you need to do your job
The university must provide you with any textbooks, materials, equipment, services and office space that you need to perform your duties at no cost to you. Article 15.8 Student Lecturer/Instructors are entitled to assistance marking exams and assignments on the same basis as other professors in the department. Article 14.4

To be hired on the basis of qualifications
The most qualified applicant should be the hired for any position. If two persons applying for a position have equal qualifications, then the individual with more seniority would be awarded the job. Articles 15.3 and 13.1 In other words, factors such as your financial need, marital or family status, citizenship, “promise,” or how “deserving” you might be cannot enter into the hiring decision. The union can help you acquire information about a questionable hiring and lay a formal complaint if the need arises.

To job security
Once you have held a position, performed it satisfactorily, and kept your grades to the standard, you have first rights to that position for the next academic year. Your “Job Security Period” or JSP determines how long you have first rights to a position. Your JSP begins the on the date you registered in your program and continues for 4 years as an undergraduate, 2 years for a Master’s and 4 years for a Doctoral student. Articles 15.3 and 15.9.1 and 15.9.2.

To a fair disciplinary process
You cannot be dismissed without a series of progressive steps of discipline, except if you are caught stealing, found guilty of sexual harassment, or gross insubordination. You are entitled to an oral, and then a written warning and a meeting with a union representative in attendance if you choose, before the university can fire you. Article 23

To clarification of your duties before you start working
Your job supervisor is obligated to meet with you before your job begins to discuss your duties, responsibilities, workload, any guidelines to be followed, and your mutual expectations. Article 15.7 Descriptions of the kinds of duties that you may be legitimately be expected to perform as a grader/marker, TA or lecturer, are available on the University’s web site at http://

To participate in an evaluation of your job performance
At the end of each job that you hold, you are entitled to know how well you did so that you can work on and improve your skills as necessary. You are entitled to add you comments to any written evaluation from you job supervisor that will be included in your employment file. Article 17.

To be paid sick and compassionate leave
If you are unable to perform your regular duties because of illness, injury or a death in your family, you are entitled to the pay for the work you would have otherwise done. You must, however, meet the conditions that apply. Articles 18 and 20.

To exercise your rights without penalty
You cannot be penalized or disciplined academically for the exercise of your rights, nor for your membership or non-membership in the union. Articles 6.2 and 8.4

To union assistance when differences arise
The university acknowledges that you have the right to assistance from and representation by CUPE 3909 whenever you think that your rights as spelled out in the Collective Agreement may have been violated, or if you face disciplinary action. Article 24.3

See the 2004-2007 Unit I Collective Agreement HERE

Note that this Agreement expired on August 31, 2007.  The new Collective Agreement has been negotiated and will soon be available online.

For Information about Unit II (Sessionals) click HERE.

Note that this Collective Agreement will expire on August 31, 2008.

Meet Your Executive

President
Thomas Colbert
CLICK HERE

CUPE Local 3909

136 St. Johns College
University of Manitoba
92 Dysart Rd.
Winnipeg, Manitoba
R3T 2M5
Ph. 204-474-8804
Fax 204-474-7610
cupe3909@mts.net