The John Abbott representa-

tives on the Board of the

daycare are working hard to

challenge this change to the

priority system and we will

keep you posted. Even

though you may have heard

that the provincial govern-

ment has given the go-ahead

for 20 additional spaces to

the current facility and de-

spite what you may have

been told at new faculty ori-

entation, spaces are extremely

limited. Therefore, you

should make sure you are on

as many daycare lists as possi-

ble, as faculty members have

no guaranteed spot at the

Campus Daycare.

And if you are consulted

about strategic planning,

make sure you support your

colleagues with young families

by mentioning the daycare as

an issue that should be one of

the college priorities.

On a lighter note, JACFA

received a joint application

from two retired teachers to

become the new director

general. So check out the

centre-fold. And let‘s face it,

this is the only time these

two guys will make the cen-

tre-fold of any publication,

except perhaps Allô Police.

I have to begin by thanking

Jane Hannah, PDHT, who left

us recently after four years of

dedicated service to become

chair of her department—

hence the new and not-quite-

so-polished format of the

JACFA News. Jane, we will

miss your constant good hu-

mour and your probing ques-

tions. Best of luck in your

new position; your depart-

ment is lucky to have you!

Some of the concerns that

have kept us busy this semes-

ter include the administra-

tion‘s attempts to keep teach-

ers off the strategic plan

steering committee. The

strategic plan is the College‘s

statement of the goals it

would like to achieve in the

next five years (yes, Stalinist

images come to mind here).

JACFA has agitated for

teacher, student and support

staff representatives on the

steering committee, but has

been told that including these

members of the college com-

munity would turn the com-

mittee into ―a happening.‖

Growing up in the 1960s and

70s, I am quite partial to hap-

penings and find their resis-

tance confounding. The ad-

ministration insists that it is

consulting by having a focus

group and a morning devoted

to the issue in January, but

we all know where the real

decisions will take place. For

instance, will we see the re-

sults of the survey about the

strategic plan currently on

the portal? We are quite

disturbed that the administra-

tion seems quite content to

embark on the planning proc-

ess without our input, pro-

ducing what will undoubtedly

become an administrative

plan, instead of a college plan

that envisions the goals of all

staff and students.

Trouble is also brewing at

the somewhat ironically

named Campus Daycare.

While McGill is in the proc-

ess of renewing its lease with

the daycare, it is insisting that

their staff and students have

first priority over John Ab-

bott‘s. For the past five years

or so, priority has been

shared by both institutions.

From Faye’s Desk A L S O I N S I D E

T H I S I S S U E :

Progressive

Retirement

2

Faculty

Evaluation

3

Permanent

Teachers

3

DG Compe-

tency Profile

4

Sick Day

Bank

5

Monitoring

Absences

6

CENTRE-

FOLD

8

Your Job

Description

10

New Teach-

ers

11

Strike Days

Grievance

12

Health &

Safety Report

12

CSN Con-

gress Report

13

Social Page 15

J O H N A B B OT T

C O L L E G E

FA C U L T Y

A S S O C I A T I O N

JACFA NEWS O C T O B E R 2 0 0 8 V O L U M E 8 , I S S U E 1

P A G E 2

The stated purpose

of the plan is to

encourage

employees … who

are at the end of

their careers to

remain at work to

deal with the

problem of the

shortage of workers

or to assure the

transfer of

expertise to new

employees

New Progressive Retirement Proposal

The Quebec Treasury Board is con-

sulting the representatives of the union

centrals and the RREGOP pension

committee about a government pro-

posal to create a new progressive re-

tirement plan.

The stated purpose of the plan is to

encourage employees (including teach-

ers in the RREGOP and RRE pension

plans) in the public and parapublic sec-

tors who are at the end of their ca-

reers to remain at work to deal with

the problem of the shortage of work-

ers or to assure the transfer of exper-

tise to new employees.

Employees who are at least 55 years

old and have 35 years of credited ser-

vice or employees who are 60 or older

are eligible. If an employee has less

than 35 years of service, he or she will

continue to contribute to the pension

plan until 35 years of credited service

has been accumulated.

The progressive retirement is for one

year at a time and it can be renewed

only once. It is based on an individual

agreement with the employer who has

the discretion to accept or refuse an

employee‘s request for progressive

retirement. At the end of the first year

or at the end of the maximum two-

year progressive retirement, the em-

ployee must retire.

An employee on progressive retire-

ment must also retire when he or she

turns 69. If the needs that justified the

employer granting an employee pro-

gressive retirement no longer exist,

the employer may give notice to end

the progressive retirement. During

the term of a progressive retirement,

an employee can give notice to termi-

nate the progressive retirement and

fully retire.

During the progressive retirement

period, an employee may work full

time or part time and collect up to

60% of his or her pension. If the em-

ployee is working full-time, the maxi-

mum amount he or she may receive

from pension benefits and salary is

130% of his or her pre-progressive

retirement income. If working part-

time, an employee may receive a maxi-

mum of 100% of his or her pre-

progressive retirement income.

The union representatives are trying

to negotiate the removal from the pro-

posal of the discretionary power of the

employer to accept or refuse requests

for progressive retirement. They are

trying to establish the right of all eligi-

ble employees to take progressive re-

tirement, if they wish to do so.

The stated objective of the govern-

ment is to have this proposal or some

variation of it in effect as of January 1,

2009. For this to happen, the enabling

legislation will have to be passed by the

Quebec National Assembly this semes-

ter.

J A C F A N E W S

P A G E 3 V O L U M E 8 , I S S U E 1

Renata Deptula, Mathematics

Christine Fambely, Dental

David Fenwick, Chemistry

Lynda Gelston, Political Science

Kenneth Gerber, Mathematics

Sujata Ghosh, HPR

Susan Gillis, English

Michel Godon, Police Tech.

Céline Homsy, Phys. Ed.

Barbara Houghton Glassman, ILT

Shiwei Huang, Energy Mgt.

The following teachers have re-

cently received their permanence:

Manijeh Ali, Nutrition

Mihai Antonescu, Energy Mgt.

Jose Benmouyal, Anthropology

David Bourgeois, English

David Boutin, French

Andrew Brown, Chemistry

John Buskard, Geography

Jessica Burpee, Geography

David Desjardins, Economics

Michael Lautman, Chemistry

Roger MacLean, Sociology

Gordana Mijovic, Art History

Greg Ostrander, Political Science

Sheila Nadimi, Fine Arts

Julie Podmore, Geography

John Serrati, History

Jane Shaw, Phys. Ed.

Janet Steinman, Nursing

Suzanne Tremblay, French

Sarah Venart, English

Some evaluations that had been sched-

uled were not carried out for technical

reasons, such as the teacher being off cam-

pus on stage at the moment of evaluation.

These problems will have to be resolved in

the future.

As for the evaluations that did go ahead, no problems were reported by the teach-

ers nor deans to the best of our knowl-

edge. The train seems to be running

smoothly.

Since regular teachers are chosen at ran-

dom by the deans, from now on, a mem-

ber of the JACFA executive will witness

the evaluation lottery.

All teachers can voluntarily use the ques-

tionnaire and have the results compiled by

the College with complete confidentiality.

If you have any questions about the

evaluation process or want to look at the

questionnaire, please refer to the Guide to

Evaluation of Teaching at John Abbott College

found on the JAC Portal or drop by the

JACFA Office (P-105).

As you might recall, the new evaluation

of teaching procedure has been in full

swing since January 2008. The process

evaluates:

New Faculty (less than 1.5 years):

A formative evaluation of teaching confi-dential to the teacher and to another

teacher of his or her choice in the same

department (1st semester).

A formative evaluation of teaching that is

reviewed with their associate dean (2nd

and 3rd semesters)

All Other Faculty (more than 1.5 years of

seniority):

A formative evaluation of teaching once

every five years to be reviewed with their

associate dean.

Last semester, eight new teachers and

34 regular teachers were evaluated.

Also, 38 teachers from 13 different de-

partments tried the teaching evaluation

informally.

Report on Evaluation of Teaching: Notes from the

Quality Education Committee

Congrats!

As for the

evaluations

that did go

ahead, no

problems were

reported by the

teachers nor

deans to the

best of our

knowledge.

P A G E 4

It is quite simple

to provide

outside

candidates with

equal access to

this information

– by making the

document

public.

Things best done in the dark...

the DG Competency Profile? As you probably know, the term of

Keith Henderson as our Director-

General is drawing to a close, and the

Board of Governors struck a hiring

committee last spring to find a replace-

ment for him. As usual, one of the first

tasks of this committee was to define

the qualities and qualifications of our

next DG, or to put it in the more po-

litically correct jargon, the

―competency profile.‖

What has not been at all usual has

been the veil of secrecy that the com-

mittee has tried to cast around its pro-

ceedings. The presidents of all of the

associations on campus were called to a

meeting to provide their input without

being given an actual copy of the pro-

posed profile to discuss before the

meeting. When the JACFA Executive

refused to participate in this consulta-

tion charade, and asked instead for a

copy to make written comments on it,

all we received were the categories,

not the committee's proposed compe-

tencies themselves: Vision and Purpose,

Decision Making/Strategic Agility, Political

Savvy, Negotiating/Conflict Management,

Communication Skills, Personal Qualities/

Personal Integrity, and Specific Experience

and Organizational Knowledge. (If a

teacher stated the competencies for

our courses in such a way, the Curricu-

lum Validation Committee would send

the outline back!)

At Academic Council, the situation

was, if possible, even more ridiculous.

The Dean's secretary sent an e-mail

message the day before the meeting

stating “It is quite important that I receive

regrets (if any) for the Academic Council

meeting tomorrow. Numbered packages

are to be distributed and collected so I

would like to have a good idea of who

will or will not be there.”

When the need for such secrecy

was questioned, Council members

were told by Judy Kelley, the chair

of the Board, that ―My reluctance to

circulate a document like this has noth-

ing to do with secrecy and everything to

do with maintaining a fair selection

process for all potential candidates and

for the confidentiality that is an obvious

part of a serious selection process like

this. It would not be right for an inside

candidate to be able to use the Compe-

tency Profile to prepare a CV and for

an interview when an outside candidate

would not have this information.‖

This statement misses the point:

when a public institution is choosing

its head administrator, the discus-

sion about what kind of a person we

want should not be ―confidential.‖ It

should be the result of a broad-

based consultation that everyone

can take part in. No personal infor-

mation needs to be protected here.

The process imposed prevented

Council members from being able to

show the hiring committee's pro-

posed ―competency profile‖ to their

constituencies so that they could

come to Council ready to provide

meaningful input on this very impor-

tant issue. It is quite simple to pro-

vide outside candidates with equal

access to this information – by

making the document public.

Academic Council unanimously

passed a motion calling for the final

competency profile to be made pub-

lic, and some Council members re-

fused to accept the conditions that

the hiring committee tried to im-

J A C F A N E W S

P A G E 5 V O L U M E 8 , I S S U E 1

pose on them to return the documents af-

ter the meeting. (One potential ―inside can-

didate,‖ our Academic Dean, left the Coun-

cil meeting while the profile was discussed.)

At its last meeting, Council was informed

that the hiring committee has decided in-

stead to keep the competency profile

―confidential‖.

The JACFA Executive deplores this deci-

sion. It sends exactly the wrong message

about the type of collegial approach we be-

lieve should be taken in running a public

college. This is an important time for the

College. The success or failure of the new

building and renovation project will have a

lasting effect on John Abbott long after the

next Director General leaves the post.

Making important decisions like this behind

closed doors is a bad start.

You can read the JACFA Executive's input

to the hiring committee on the next DG's

profile and the Chair of Academic Coun-

cil's summary of its recommendations on

the JACFA website.

of hours for the 2008-2009 contractual

year. The accumulated sick bank is the ac-

crued hours from years prior to the 2008-

2009 contractual year.

The sick bank is used to pay your full sal-

ary for up to the first five consecutive

work days missed as a result of illness or

accident. Then, the College‘s salary insur-

ance plan pays for 85% of your salary for up

to 52 weeks and subsequently 66 2/3% for

up to an additional 52 weeks. After 104

weeks, if you are a member of JACFA‘s op-

tional long-term salary insurance plan and

unable to work, you will receive non-

taxable benefits up to age 65. After the ini-

tial two years of salary insurance benefits

from the College, if you are not a member

of JACFA‘s optional long-term disability

group insurance plan, you may extend your

paid sick leave by using the balance of days

in your sick bank. For the first three years

of a sick leave, a teacher receives pension

credits without having to contribute to the

pension plan.

A teacher may take leave for up to six

days per year when the reasons of the

health, safety or education of his or her mi-

nor child or that of his/her spouse‘s. These

days will be deducted from the teacher‘s

sick bank or taken without pay at the

teacher‘s discretion. This leave for parental

responsibilities may be taken in half days.

You recently received a statement of your

sick day bank from Human Resources. Hu-

man Resources has converted sick days

into hours with one work day equaling 6.5

hours.

The sick bank works in the following way.

In accordance with the current collective

agreement, a full-time teacher in his/her

first year of employment with the college is

credited with a total of 13 sick leave days

(84.5 hours). In each subsequent contrac-

tual year, a full-time teacher is credited on

September 1 with seven sick leave days

(45.5 hours). If a teacher has 13 days or

less in his/her sick bank on June 30, the

unused balance of the seven sick leave days

credited on the previous September 1 is

added to his/her sick day bank.

Part-time teachers are credited with sick

leave days in proportion to their contrac-

tual status as full-time equivalents. M.E.D.

(surplus) teachers are credited in propor-

tion to the salary they receive. Hourly paid

teachers have no sick bank benefits. Some

teachers have days in their sick bank that

were accumulated in the early 1970s be-

fore changes in the provisions of the collec-

tive agreement prevented the unlimited

accumulation of sick days.

You may have noticed that one of the

features that is listed under ―Others‖ on

your college pay cheque stub is a listing of

your sick bank. One sick day is equal to 6.5

hours. The current sick bank is the number

Your Sick Day Bank

A teacher may

take leave for up

to six days per

year [for] the

reasons of the

health, safety or

education of his

or her minor

child ...

P A G E 6

“Monitoring

absence is the

exclusive

responsibility of

the employer.”

FAQ: Monitoring Absences—A Department Chair’s Job?

ANSWER: No. Monitoring absences is the exclusive responsibility of the employer.

Collecting data on absences is an administrative task exclusively reserved for the

administration that does not appear in the coordinator‘s job description.

Exclusive domain of management

In section 2.1.4 of John Abbott College's Bylaw 7, it is clearly stated that manage-

ment personnel are responsible for monitoring employee absences. Monitoring

absences has always been part of the exclusive domain of management rights and

obligations. In the recent Honda case1, the Supreme Court re-affirmed:

‗‘In addition, I accept that the need to monitor the absences of employees who are

regularly absent from work is a bona fide work requirement in light of the very

nature of the employment contract and responsibility of the employer for the man-

agement of its workforce.‘‘

But such monitoring must not be discriminatory:

« Le juge Bastarache a raison d‘affirmer qu‘un employeur peut légitimement

contrôler les absences d‘un employé, surtout lorsque celles‑ci se répètent

(par. 71), mais il n’examine pas si, en l’espèce, les modalités du contrôle restaient

appropriées (c.‑à‑d. non discriminatoires).»2

Not in the coordinator’s job description

The department coordinator‘s job description does not cover administrative tasks,

such as monitoring absences of professors.

Clause 4-1.10 provides that the coordinator shall coordinate the department‘s ac-

tivities as described in clause 4-1.05.

4-1.10 The department coordinator shall coordinate the department's

activities as provided for in clause 4-1.05.

The activities in 4-1.05 relate to teaching and to the ‗‘strategic development plan‘‘

of the college. 4-1.05 The functions of a department are based on the strategic development

plan (which includes the success plan), as follows:

1. to define its internal rules of operation and to form such com-

mittees as are necessary;

2. to appoint professors to the selection committee for regular

education in accordance with article 4-4.00 and to appoint a pro-

fessor to participate in the selection process for continuing edu-

cation in accordance with article 8-7.00;

3. to ensure professional assistance to new professors;

4. to make recommendations to the College and the Commission

pédagogique that are likely to improve the quality of teaching;

5. to analyze the department‘s needs and human and mate -

rial resources;

J A C F A N E W S

P A G E 7 V O L U M E 8 , I S S U E 1

6. to appoint professors to Ministère committees and to inform the College of

these appointments;

7. to recommend to the College and the Commission pédagogique the terms and

conditions of interdisciplinary and interdepartmental relations;

8. to recommend to the College, if applicable, any special conditions for admitting

students within the framework of the general conditions established by the basic

regulation;

9. to recommend to the College choices for complementary courses to be offered;

10. to define the objectives, apply the teaching methods and establish the means of

evaluation for each course for which it is responsible, taking into account the Col-

lege‘s policy on the evaluation of learning;

11. to give the professional development committee its opinion on professor‘s

requests for professional development;

12. to recommend a policy to the College with a view to enabling the region

to benefit from departmental resources;

13. to appoint professors to the program committees;

14. to develop an annual work plan and contribute to its implementation.

Clause 4-1.12 provides for a list of reports the coordinator must prepare. Except for budget esti-

mates in 4-1.12 (4.), all reports prepared by the coordinator deal with pedagogy (‗‟departmental mat-

ters‟‟), and not administrative tasks.

The list of required reports mentioned in clause 4-1.12 is exhaustive, as the word „‟following‟‟ in the

first paragraph of 4-1.12 confirms:

4-1.12 The department coordinator shall report to the College on the following departmen-

tal matters:

1. distributing and weighting teaching activities within the norms established by the

collective agreement and by the College;

2. ensuring that objectives are defined, that teaching methods are applied and that

means of evaluation are established for each course for which the department is

responsible, taking into account the College‘s policy on the evaluation of learning;

3. ensuring that all courses for which the department is responsible are given and

to guarantee their quality and content;

4. preparing the department's budget estimates;

5. studying, establishing and maintaining, if applicable, appropriate relationships with

institutions, organizations and companies, taking into account the means made avail-

able by the College;

6. setting up a review committee made up of three (3) people, including the

professor in question, and empowered to modify students‘ final marks, if

applicable;

7. preparing the department‘s annual work plan and an annual report of its

activities.

1Honda Canada Inc. c. Keays, 2008 CSC 39 (CanLII), paragraph 71.

2Idem, par. 121.

P A G E 8 Here is what happens when you retire: you have the time to consider a

second career as two former members of the English department are doing

September 29, 2008

Director General Search Committee Chair

John Abbott College

c/o Andre Filion and Associates

East Tower, 16th Floor

550 Sherbrooke Street West

Montreal, Quebec

H3A 1B9

To the Members of the Search Committee:

We are submitting a joint application for the position of Director General of John Abbott

College since we believe, among other excellent qualities in our quiver, we are able to

offer a new approach to senior management: two for one! Yes, even though we seek this

position jointly, we will only require a single salary, occupy a single office, without win-

dows preferably, and employ one administrative assistant/car mechanic. We will, how-

ever, require two hair dryers for this office, as well as two lazy boy chairs.

Our long suit lies not simply in our physical beauty, but in our ability to dress well, like all

senior staff at JAC. In fact, we have been featured in GQ magazine several times. And,

who would argue against well dressed individuals being best suited for the job, since

grooming is a measure of successful and skillful administration in any institution of learn-

ing. We will be a great fit. Although we do not wish to be seen as braggarts, we only use

dry cleaning for our garments. We will certainly encourage the establishment of dry clean-

ing, a crucial part of the human experience, as a new technology program at John Abbott

College.

Our farte is our strong planning and strategic skills with a proven track record (before

Blue Bonnets closed) of successful accomplishments. We have been frequently referred to

as visionary, by our optometrist, with demonstrated communication and consensus build-

ing abilities. In this light, our management style--our way or the doorway – falls well

within the strong traditions of CEGEP administrators. We have a clear knowledge of cur-

rent issues in post secondary education, particularly the drinking habits of faculty, and we

will excel in forging an effective relationship with the only important group on any cam-

pus: college management. Herein, George Bush is our personal mentor. We will certainly

work closely with MELS as both of us thoroughly enjoy the films of Mel(Brook)s.

We guarantee a wonderful learning and working environment during our tenure. Our forty

two previous employers, most of them sniveling liars far too concerned with our mental

health, will attest to our skill mixing cocktails late Friday afternoons. Mostly, however, we

would like to stress our educational philosophy: use it or lose it. Herein, students, slothful

curs at the best of times, will be required, in all classes, to demonstrate on a daily basis,

through tests and essays, what they have learned. Although this desire to ensure both stu-

dent success, and fairness to tax payers, who bear the unending exploitative burden of

education, will lead to increased grading hours for faculty, it matters little since they are

overpaid, anyway, with little to do.

J A C F A N E W S

P A G E 9 V O L U M E 8 , I S S U E 1

As cutting edge fiscal conservatives who espouse trickle down your leg economics for CEGEPs, we

will increase the number of administrators, eliminate support staff jobs and use faculty salary, flexi-

bly and creatively. The faculty pay envelope is a cash cow in need of proper milking and we are the

team to get it mooving. We will also increase college revenue as all facilities, particularly wash-

rooms, will be on a “pay as you go” basis.

Our triumvirate of references, listed below, will be pleased to respond to any inquiries, should they

be awake. We do not require any form of confidentiality as our hearts are an open book. Please note,

not our wallets, just our hearts.

Reference 1: Sarah Mensa Palin

Somewhere near Russia

Reference 2: Keith Kudos Henderson

c/o Speedy Construction Projects, Inuvik

Reference 3: Geraldo, Prince of Polka, Stachrowskivitch

Warsaw

Please inform us of any other documents that may be required, e.g., notarial attestation to demon-

strate cleansing of infectious diseases.

Hugs and Kisses,

Dr. Edward J. Palumbo, S.J. Me. Larry Weller, S.J.

P.S. We would like to compliment you on how lovely your advertisement in the Globe and Mail

looked. We have applied for dozens and dozens of jobs, but your ad is special. It is both witty and

beautiful, no doubt like the members of the Search Committee. We are so very, very excited to meet

all of you in the very, very near future.

Encl: CVs;

Car Wash coupons for the Search Committee members

P A G E 1 0

FAQ—What is my job description?

College: Congratulations, you’re hired. Welcome to John Abbott.

New Teacher: Thanks. What do I do now?

The professors‘ job description appears in Type 1, Type 2 and Type 3 of the

Collective Agreement, better known under the French terminology as volet 1,

volet 2 and volet 3 of clause 8-4.01.

Tasks: all activities inherent to his or her teaching

The answer is in volet 1. Volet 2 relates only to certain professors (e.g. depart-

mental coordination) and volet 3 relates to voluntary activities only (e.g. pro-

fessional development activities). We are concerned here with volet 1 which

reads: Article 8-4.00 - Teaching Load

8-4.01a) Type 1

The teaching load for each professor shall include all activi-

ties inherent in teaching, in particular:

− preparation of the course outline;

− preparation of classes, labs and fieldwork;

− teaching of classes, labs and fieldwork;

− adaptation;

− support and supervision of students;

− preparation, invigilation and correction of exami-

nations;

− revision of corrections at the students‘ request;

− participation in pedagogical days organized by the

College;

-- participation in departmental meetings.

The above enumeration is not limitative as indicated by the words „‟in particu-

lar.‟‟ But additional tasks added to this enumeration must be of the same na-

ture: they must be activities inherent to the teacher‘s teaching. This is a classic

rule of legal interpretation: such an enumeration includes only objects of a

similar nature, and this is reinforced here by the words „‟in particular‟‟.

The teacher is hired to teach subject matter in a given discipline as deter-

mined by the Ministry of Education, Sports and Leisure (MELS). Any activity

not related or inherent to the subject matter the professor was hired to teach

falls outside the scope of his or her activities, except for the two more general

duties of (1) participation in pedagogical days and (2) participation in depart-

mental meetings.

Examples

J A C F A N E W S

P A G E 1 1 V O L U M E 8 , I S S U E 1

A teacher naturally erases the blackboard he or she filled while teaching the subject-matter he or

she was assigned to teach. But erasing other unrelated blackboards in the College falls outside his

volet 1 job description.

A teacher is expected to invigilate his or her own exams involving the students to whom he or

she teaches a subject-matter, but not invigilate general entrance, mid-term or final exams involving

students to whom he or she does not teach.

The Court of Appeal defined „‟teaching‟‟ in a 1998 decision involving a dispute between resource

teachers and professors.1 The Court of Appeal adopted the traditional definition of teaching from

the first judge:

« La vocation première de l'enseignant consiste à la transmission du savoir à des élèves selon un

programme structuré et établi par le Ministère de l'Éducation, par un discours approprié, et la véri-

fication par des questions ou évaluations des acquis effectivement reçus.»2

The Court of Appeal took notice that secondary schools have changed and that a number of pro-

fessionals other than teachers now work in the schools with the students (resource teachers, so-

cial workers, academic advisers, psychologists). These professionals assume distinct duties from

the duties assumed by the teachers. The fact that these professionals exercise their duties within

the school does not transform them into teachers. Here, the resource teachers were not teaching

a program provided by MELS: they worked with the students individually, by identifying their learn-

ing disabilities and by teaching them how to surmount the identified disabilities. The resource

teachers did not teach a prescribed pedagogical content; they were not teachers.

Teachers (1) teach to a group of students (2) a prescribed pedagogical program provided by the

MELS and (3) monitor the results obtained by their students.

1Syndicat des enseignantes et enseignants de la banlieue de Québec c. Commission scolaire des chutes de la Chaudière 1998

CanLII 13088 (QC C.A.).

2Idem, p. 10-11.

Michael Foy, Psychology

Zachery Fraser, Theatre

Anne Golden, Cinema

Matthew Hill, Business Admin.

Bettina Hoffman, Cinema

Phoebe Jackson, Physics

Katherine Kasirer, ILT

Colette Lachaine, Pre-Hospital

Avery Larose, HPR

Jason Lucier, Math

Yael Margalit, English

Ann Marutollo, English

Ryan Maydan, English

Beth Acton, Biology

Randall Anderson, Fine Arts

Anjili Babbar, English

Ann Beer, English

Shari Blaukopf, PDHT

Ryan Boutara, Phys. Ed.

Kirsty Campbell, English

Guilia Chiappetta, Math

Brandon Daniel-Hughes, HPR

Shireef Darwish, Biology

Claude Dubreuil, Pre-Hospital

Melanie Fisher, Nursing

Linda Foster, Nursing

Gary McHugh, Pre-Hospital

Tracey McKee, Cinema

Kelly McKinney, HPR

Darren Millar, English

Monika Napier, Fine Arts

Maria Popica, French

Marek Pukteris, ILT

Tomas Ropelski, Phys. Ed.

Claire Russell, English

Nelly Stipdonk, Pre-Hospital

Brian van den Broek, HPR

Mickhall Zimerman, Phys. Ed.

Xiaoyang (Shirley) Zhu, Mandarin

WELCOME NEW TEACHERS!

P A G E 1 2

...ordering teachers

to teach additional

days to make-up

for days lost in the

legal strike without

paying them

negates the legal

right to strike...

Health and Safety Report

The Ahuntsic College Grievance on

Strike Days: A Major Victory for Teachers In a landmark decision handed down on

February 8, 2008, the arbitrator Pierre A.

Fortin agreed with the complainant union,

the Syndicat du personnel enseignant du

Collège Ahuntsic (SPECA), that teachers who

were asked to teach additional courses to

make up for lost strike days should be paid.

SPECA, like JACFA, is affiliated with FNEEQ

and the CSN.

Ahuntsic College thought it had a good thing

going: the teachers first go on a legal strike,

the College deducts their pay cheque for

the strike days (no work-no pay policy), and

when the work resumes, it forces the teach-

ers to make up the lost days by teaching an

equivalent amount of time. Arbitrator Fortin

would have none of that: ordering teachers

to teach additional days to make-up for days

lost in the legal strike without paying them

negates the legal right to strike, he wrote.

Not paying the teachers for make-up days

would also give the colleges an unfair edge

over other sectors in the workplace where

work done in replacement of strike days is

always paid, added the arbitrator.

The arbitrator put an end to this lucrative

and attractive scheme negating our legal

right to strike and ordered the College to

pay the teachers for the extra work in-

volved in working to compensate for lost

strike days.

This is a first in Quebec labour relations

regarding teachers. The case clearly tack-

led the unfair advantage the Colleges had

on teachers by being legally able to ask

them to work to make-up lost days, in-

voking their other legal obligations (like a

minimum of days of teaching). No other

state employee is conscripted to work

make-up days for free after a legal strike.

Ronald Cameron, FNEEQ‘s president,

had this to say: ―The legal battle of the

Syndicat du personnel enseignant du Collège

Ahuntsic relating to the strike days in

2005 was, in the context of infamous Bill

43 decreeing the working conditions of

the professors, a crucial fight for the un-

ions representing the teachers in the col-

leges. This is why FNEEQ and the CSN

deployed unprecedented efforts to sus-

tain the representation of the union and

are now planning to help teachers from

other FNEEQ colleges to obtain compen-

sation for similar losses during the

strike.‘‘ (JACFA translation)

FNEEQ is the biggest Federation bring-

ing together teachers in two-thirds of the

Quebec colleges.

ades by educational labs. However,

from now on the College will have to

document its use and a formal annual

report must be submitted to the

Health and Safety Committee.

The labs will now be restricted.

People using the lab will no longer be

allowed to wear sandals. Lab coats

must stay in the lab and lockers must

be built for them in the existing facili-

ties. Other renovations include re-

At the Sept. 29 Health and Safety Meet-

ing, the College reported the following:

Bio-Safety in Biology

The College has be classified as Level 2

(of 5 levels) according to Public Health

Canada because the labs use some patho-

gens and a Bio-Safety officer will have to

be appointed from the ranks of the ad-

ministration. These pathogens, like

staphylococcus, have been used for dec-

J A C F A N E W S

P A G E 1 3 V O L U M E 8 , I S S U E 1

pairing any chips or cracks in the walls. Addition-

ally the College must implement an insect and ro-

dent policy, as these pests can leave the labs in-

fected with bacteria. The College expects to be

audited some time this year.

Asbestos in P-204

On the first morning of renovations of P-204 this

summer, the contractor found asbestos in the ceil-

ing and called the CSST, who halted the renova-

tions. Contractors were asked for tenders to re-

move the asbestos and Inspectol was hired. They

removed the asbestos according to CSST guide-

lines in August. After the removal, fibres were

found and once again renovations were halted

while the fibres were tested. Fortunately, the fibres

were not asbestos. However, due to concerns

that asbestos may be elsewhere in the College,

Inspectol has been hired to conduct an investiga-

tion and risk assessment of the whole campus this

year. Asbestos was also removed from mechanical

rooms last year by the same contractor.

Intercom System

To facilitate crisis management, the College is in-

stalling intercoms in two phases: 1) in hallways and

2) in classrooms and labs. The system must be ini-

tiated by Security, and then communication will be

two-way. The system can make general announce-

ments or can target specific rooms or buildings.

Water Fountains in Stewart

JACFA has asked that a water fountain be installed

on the main floor of Stewart. So far, the College is

not willing to do so as it states that existing access

to water pipes is blocked by the student lounge.

JACFA will investigate further.

Fire Drills

The first fire alarm of the semester on August

28 was not a drill. The College suspects that

humidity triggered one of the sensors on the

third floor of Penfield. The real fire drill was on

Sept. 17 and we received complaints that fire

marshalls were directing staff and students to

the wrong fire exits. Also one set of the double

doors in the area connecting Penfield to the

portable classrooms was locked. Steve Avram

has agreed to look into this situation.

Bathrooms in Penfield

JACFA has received numerous complaints about

the cleanliness of the women‘s first-floor bath-

rooms in Penfield. For instance, garbage cans

are often overflowing and sinks and stalls are

dirty. JACFA also found mold where the wash-

stand counter meets the wall. Steve Avram has

agreed to inspect the washrooms and review

the maintenance schedules.

Smoking Outside Casgrain Main Doors

For years now, the Physical Education depart-

ment has been complaining about students

smoking outside the Casgrain doors, where an

air intake system funnels the smoke directly into

the offices of their teachers. JACFA has asked

that Security visit the area more often to warn

students and that a white line be painted to indi-

cated the legal nine metres behind which smok-

ers must stand. Even though the College admits

that they are responsible for enforcing the new

legislation, they are still refusing to implement

these measures. JACFA will investigate further.

the Metallurgy Federation proposed an

amendment to the wording of a CSN bylaw

so that members of the CSN Executive had

to have worked as a member of the CSN

union to which they are members. This was

widely perceived as a sneak attack on one

member of the CSN Executive, 3rd Vice-

President Denise Boucher, an ally of cur-

rent President Claudette Carbonneau, by

the federation of the former President

In May, just as classes were ending, three

JACFA delegates (Michel Milot, Stephen

Bryce, and Pierre Gauthier) attended the

triennial CSN congress in Quebec City.

Although a book of proposed resolutions

was on the agenda, three issues ended up

dominating the congress, and two more or

less unexpectedly.

First, although there was no election for

any of the posts on the CSN Executive,

CSN Congress Report

P A G E 1 4

“… Damian

Contandriopoulos,

a Universite de

Montreal health

administration

professor, strongly

defended the

efficiency and

lower costs of a

truly public health

care system …”

CSN Congress Report (from p. 11) (Marc Laviolette) that Carbonneau de-

feated in 2005. Boucher's health sector

professional union was forced in 2005

by Law 30 (since ruled by the courts to

be unconstitutional) to merge with

other unions that ended up voting to

join another independent union federa-

tion (she subsequently transferred her

membership to another CSN union, but

has not ―worked‖ there). The proposed

amendment was carefully worded to

attack her status, but not that of 2nd

Vice-President Roger Valois, who has

retired from his former job and who is

very popular particularly among the

CSN's private sector unions! After a

debate long on platitudes and avoiding

naming names, the proposed amend-

ment was rejected, but a CSN commit-

tee will look further into the issue and

report back to the next congress.

Second, the Health and Social Sevices

Federation (FSSS) brought a motion ap-

pealing a decision of the CSN Confed-

eral Council allowing health sector un-

ions representing professional job cate-

gories to choose for themselves

whether to belong to FSSS or the Pro-

fessionals Federation (FP). FSSS argued

that they represented over 80% of these

workers, therefore it made no sense to

split them between two CSN federa-

tions. The FP noted that if the decision

was reversed, they would lose over half

of their members. They also argued that

a strong campaign was being waged by

the independent federation in this area

to take these unions away from the

CSN, and forcing unions to change fed-

erations just before next year's legally

sanctioned raiding period (the one-

month period six months before the

end of a collective agreement when a

union can change its affliation from one

union federation to another) would be a

major strategic blunder. In the end,

these arguments won the debate and

FSSS's appeal was rejected.

The third major topic of discussion

was about the CSN's budget and fi-

nances. Rather unusually, this was in the

context of a very favourable financial

report. Surpluses were reported in both

the operating and professional defence

fund (FDP) budgets due first to the

CSN's success in attracting new mem-

bers and second to an unexpectedly low

number of labour conflicts. This allowed

the CSN to replenish its reserves while

increasing progressively the weekly FDP

strike pay from $200 to $225 per week,

as well as increasing its financial support

to unions on strike or lockout.

Throughout the week, invited speakers

presented and debated a wide variety of

topics. Among the highlights were

Damian Contandriopoulos, a Université

de Montréal health administration pro-

fessor, who strongly defended the effi-

ciency and lower costs of a truly public

health care system, and former Green-

peace/current Equiterre spokesperson,

Steven Guilbeault, on climate change,

and Jean-Francois Lisée on an ―efficient‖

left that calls for increased immigration,

a green turn including a market-oriented

approach to pricing hydroelectricity, and

increased productivity to finance Que-

bec's social solidarity system (just buy

his book!).

As for most of the other proposed

resolutions, they were referred to the

CSN's Confederal Council and ap-

proved several weeks later in June.

These include resolutions on reconciling

work and the family, health care, the

environment, immigration, ending dis-

crimination based on job status, and

much more. The complete list of resolu-

tions adopted is available on the CSN

website (www.csn.qc.ca).

J A C F A N E W S

JACFA’s Social Page

P A G E 1 5 V O L U M E 8 , I S S U E 1

No such thing as an overcooked sausage at our annual burnt weeny event!

Rain refrained on Wednesday, May 20, on the Casgrain Terrace, as jolly faculty re-

joiced in gathering around cook extraordinaire, David Desjardins (Economics), as he

managed to serve one and all, big and small. Over 200 faculty passed by for a sausage

or two. Again a successful JACFA class ―A‖ social activity!

Roastless corn roast

The annual roastless corn roast

was a great success on August 26.

After a muscle-building trip to the

farm to pick up the corn, a team of

frenzied corn shuckers went into

action. By midday, all was calm and

organized. Volunteers made the

final product a reality with some

good, old-fashioned team work.

What a fabulous way to greet each

other and to welcome back faculty

to another academic year.

World Teacher’s Day: Teach-

ers Matter!

With the coming of the cooler

weather, our annual soup

lunch was once again on

agenda.

The bread was sliced (by

hand), the soup was hot, and

the room was full of even hot-

ter discussion.

A special note of gratitude to

all who helped make the Fac-

ulty lounge sparkle and re-

paired the little wears and

tears of time.

Penfield—105

Phone: 514-457-6610 ext. 5506

Fax: 514-457-9799

E-mail: jacfa@johnabbott.qc.ca

With the year in full swing, fear not,

the social director does not rest.

Please mark your calendars for the

following up-coming events.

Oct 27-Nov 27: Sicilian Paintings by

Roy Piperberg Vernissage Oct. 30,

2:30-5:30 p.m. in the Faculty Lounge

H-101

Dec 17, 10 a.m.: JACFA General As-

sembly - before Holiday Luncheon.

Dec 17 ,12:30 p.m.: JACFA Holiday

Luncheon at the Vieux Kitzbuhel

John Abbott College Faculty

Association

We’re on the web:

www.johnabbott.qc.ca/jacfa

Emergency Evacuation:

It is important that all teachers check

the fire exit plan in the hallway outside

of their classroom and inform students

of a exit route in the case of an emer-

gency.

Please make sure to evacuate, even if

you think it is only a drill.