Should CECs be included in the MUNFA
Read the following case, answer the question posed at the end of the case. The quality of your response, as well as the insightfulness of your comments for your classmates’ responses, will be evaluated and count towards your participation grade. You should also cite two sources (e.g., from the university library or the web) in addition to your text in preparing your response.
Background
An application was made to the Labour Relations Board (The Board) by Memorial University of Newfoundland Faculty Association (MUNFA) to include the classification of Cooperative Education Coordinator (CEC) in the MUNFA bargaining unit. The MUNFA bargaining unit is presently comprised of academic faculty members (i.e., lecturers and professors), counselling faculty members, and librarians.
Union Position
MUNFA representatives expressed the intention that if this application were successful, MUNFA would treat CECs as another parallel group within the bargaining unit, covered by separate provisions in the collective agreement with a set of articles similar to those now covering librarians and counselling faculty members in the existing collective agreement.
MUNFA considered these employees to be academic professionals in their qualifications and submitted that they have a strong community of interest with the other academic staff. In support of their argument, MUNFA asked that the following be taken into consideration:
CECs are not currently included in any bargaining unit and have signed cards stating that they wish to become members of MUNFA.
Work terms are defined in MUN’s calendar in the same format as courses, demonstrating the integration of the academic terms with the work terms.
CECs are charged with developing the curriculum and the mechanisms that promote the formal integration of classroom and workplace learning.
CECs develop the evaluation procedures and apply these through calendar regulations dealing specifically with work terms.
CECs make promotion recommendations that carry the same consequences as academic promotions (i.e., the consequences of failing a work term are the same as failing a term or program).
Academic staff members and coordinators work in the same physical location, sharing the same program goals, and they educate, evaluate, and promote the same students.
Many elements of their education activities can be classified as teaching, either in the traditional sense or as it relates to experiential learning.
CECs, like faculty, report directly to Deans of their units and their pay is akin to that of a lecturer.
CECs conduct research in areas related to cooperative education and also in their own field of expertise and contribute articles to many newsletters, journals, and other publications.
The Board has already certified MUNFA to represent librarians and counselling faculty. CECs, like librarians and counselling faculty, have a Masters degree and are not required to teach.
MUNFA has been able to fairly represent the librarians and counselling faculty through separate provisions in the collective agreement.
In other universities, CECs are considered faculty and included in the bargaining unit.
The CECs describe themselves as educators in partnership with teaching faculty. For example, MUNFA pointed out that in the Engineering faculty, six out of fourteen student semesters are work terms for which the CEC is responsible. Based on these numbers, the CECs state that they have more influence over an undergraduate student’s career than any other academic staff or faculty member. Thus, MUNFA requested that the Board amend the Certification Order to include the classification of Cooperative Education Coordinator in the MUNFA bargaining unit.
Employer Position
The Employer disagreed that CECs have more influence over an undergraduate student’s career than any one academic staff or faculty member. The Employer contended that faculty members, librarians, and counselling faculty members have in common their teaching, assisting, and counselling of students on a daily basis, with all of their activities centred around the student; whereas, the primary responsibility of the CECs is to track down relevant jobs within the business community.
The Employer stated the fact that CECs are not presently included in any bargaining unit is not sufficient reason to include them in the MUNFA unit. The Employer denied that CECs share a community of interest with members of the MUNFA bargaining unit.
The Employer denied that counselling faculty members have more in common with CECs than with regular faculty members and librarians. The Employer pointed out that counselling faculty members hold academic rank (e.g., Assistant, Associate, or Full Professor) and are expected to engage in scholarly activity. Their promotion from one rank to another is dependant, in part, on their achievements in the area of scholarly activity (research, writing, and publication). The Employer further stated that the Counselling Centre has over the past few years developed a credit course and at least two counselling faculty members teach this course.
The Employer denied that CECs are academic employees any more than computer technicians or laboratory demonstrators are academic employees. It was submitted that although they work in academic units, they provide a support role for the major programmes that are conducted by faculty members. To the extent that CECs teach, the Employer stated that it is very minimal and involves the preparation of resumes and other aspects directly related to preparing young people to enter the work force.
The Employer stated that CECs have no or minor responsibilities in the following areas:
They are not required to teach credit courses or engage in research activities.
They have only a minor responsibility for making promotion recommendations (i.e., evaluating the work term performance of the students).
They are not involved in any major way with the normal processes of admission, promotion, and appeal, but only as part of a committee dominated by faculty members.
There is no requirement to develop and review scholarly material for publication; the only publication materials for which CECs have responsibilities are handbooks and promotional materials.
There is no requirement to maintain membership in learned societies and professional associations.
The Employer, therefore, requested that the Board decline to amend the Certification Order by reason that the CECs do not have a community of interest with the employees presently included in the MUNFA bargaining unit.
Question
Should CECs be included in the MUNFA bargaining unit? Justify your position with the aid of course readings and two additional sources of information from the library or internet. Be sure to provide the full citations at the conclusion of your response.
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