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Labour Dispute in the Faculty of Law


  

  • The Association of UUֱ Professors of Law (AMPL) represents over 40 permanent instructors in the Faculty of Law. In fall 2024, courses are scheduled to be taught as follows: 46 by AMPL members, 19 by course lecturers, and several others by faculty members who are not represented by AMPL, such as the dean and associate deans.

  • In 2022, the full-time professors in the Faculty of Law were accredited by the Tribunal administratif du travail as a bargaining unit and began negotiations with the University towards a first collective agreement. They had previously, along with their peers in all other faculties, been represented by the  UUֱ Association of University Teachers (MAUT).  

  • Since December 2022, there have been nearly two dozen negotiation sessions, including those held in the presence of a conciliator, appointed by the Ministry of Labour in March 2023. (Conciliation is a settlement method that helps parties to resolve their dispute through a negotiated solution with the help of a neutral and impartial professional conciliator.)  

  • On February 13, 2024, AMPL held a one-day strike. It declared an unlimited strike on April 24, which lasted until June 20.   

  • After the conciliation session on June 7, 2024, UUֱ concluded that further such meetings would not bring the parties closer to an agreement. Therefore, the University exercised its right under section 93.1 of the to ask the Minister of Labour to submit the dispute to an arbitrator “after the intervention of the conciliator has not been successful.” (Arbitration allows for a neutral third party, the arbitrator, to help the parties come to an agreement or, failing which, to impose on the parties binding terms for their first collective agreement.)  

  • On July 19, the Minister determined that arbitration was warranted.   

  • On August 6, AMPL filed an application in Superior Court asking for the Minister’s decision to be overturned. It also sought an order suspending or “staying” that decision pending resolution of AMPL’s application.   

  • On August 13, the parties – AMPL, the Attorney General of Québec, representing the Minister of Labour, and UUֱ – presented their arguments on the petition for the stay.  

  • On August 16, the Superior Court rejected AMPL’s application for a stay.  

  • On August 18, the University reminded AMPL that it had concluded, in June, that holding further sessions of conciliation would not move the parties forward. It conveyed its view that the best path forward was to name an arbitrator and work with that person.  

  • On August 22, the Minister of Labour appointed Maître Jean Allard as the arbitrator.

  • According to the Labour Code, the arbitrator for a first collective agreement can begin by meeting with the parties to see if they can agree on matters under dispute. Only if the arbitrator concludes that it is unlikely that the parties would reach their first collective agreement within a reasonable time does it fall to the arbitrator to determine content of the first collective agreement.

  • On August 26, AMPL resumed its unlimited strike. AMPL members returned to work on September 13 before continuing their strike.


Key pending issues 

During conciliation, AMPL and UUֱ agreed on several elements of the eventual first collective agreement. However, following more than 20 negotiation sessions, a considerable distance still separates the parties on key matters, including salaries and workload.  

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  • The average salaries of UUֱ Law professors, at all ranks, are above the average salaries for all other law professors in Quebec, including at Université de Montréal and Université Laval. Given the significant influence of provincially regulated tuition and grants from the province on UUֱ’s revenues and operating budget, these provincial comparators cannot be ignored.  

  • The salaries of UUֱ law professors, along with those of their peers in other faculties, are published yearly by rank and quartile. Those for 2023 are available here.  

  • AMPL has based comparisons of its members’ salaries with those of peers at out-of-province universities, notably universities in Vancouver and Toronto, where the cost of living is higher. Comparisons across provincial boundaries must take account of variations in provincial funding of universities and cost of living.  

´ǰDz:  

  • The UUֱ Faculty of Law has long sought to foster a research-intensive environment by assigning workloads of typically three courses per year. Professors at most other law schools in Canada, and a substantial number in other faculties at UUֱ, regularly teach four courses. Rigorous comparison of workload appropriately involves many factors; for instance, sizes for the classes of undergraduate teaching vary from one institution to another, as do the sizes of graduate programs.  


Course FAQ

What, in essence, does the strike by AMPL mean?

  • The Faculty will do everything in its power to reduce the impact on students.

  • AMPL members must stop teaching and undertaking their other academic duties. They cannot access their work tools, including UUֱ email.

  • Instructors who are not represented by AMPL will continue to offer their classes in person.

What will be the impact on courses taught be AMPL members?

  • Students will remain registered in those courses. But individual classes falling during the strike will not occur as scheduled.

  • As is customary in the academic context, a return-to-work agreement at the end of the strike would include arrangements for making up lost class time.

Which courses are impacted by the AMPL strike? 

  • The courses on this list will not proceed during the strike.

Will the add/drop date be extended because of the strike?

  • In part. The Office of the Provost and Executive Vice-President (Academic) and the Office of the University Registrar and Executive Director of Enrolment Services have worked closely with us to overcome the obstacles that led to our initial answer to this question. For now, we anticipate that the add/drop date for upper-year, non-required courses suspended during the strike will fall after AMPL members return to work. Details as to what we envisage are available in this document.

What about withdrawal for LLM students? 

  • LLM thesis and non-thesis students will be able to withdraw from any courses (underway or suspended, compulsory or elective) with refund until a date to be determined when the strike ends. The Office of the Provost and Executive Vice-President (Academic) and the Office of the University Registrar and Executive Director of Enrolment Services have worked closely with us to reach this accommodation in recognition of the special circumstances facing LLM students, whose program is significantly shorter than others.

What happens to supervised term essays?

  • Students who are registered for term essays to be supervised by an AMPL member may stay registered. The AMPL member will not carry out supervisory work during the strike. We will reassess if the strike continues past the September 6 deadline for applying for term essays and update students accordingly.

Numerous courses and credited activities for upper-year students will continue, but what about 1Ls?

  • The Dean’s and the Career Development Office will organize optional sessions featuring members of the UUֱ Law alumni community. These sessions will be open to all students but may be of special interest to 1Ls. Stay tuned for more details.

Can I still apply for Inter-University Transfer (IUT) credits? 

  • UUֱ’s deadline for applying for IUTs was August 15. Nevertheless, we have been processing later applications and will continue to support any student who is able to register for a course at another university. However, our partner institutions set their deadlines, and we cannot force them to take our students. More information about the policies governing IUTs is available online.

What about exchange students? 

  • We are keenly aware of the unique challenges facing exchange students this semester. Any updates will be sent by e-mail from exchanges.law. The Faculty of Law and UUֱ Abroad are in communication with your home institutions.

Will students be able to communicate with AMPL members by their UUֱ email?

  • No. Professors will not be accessing UUֱ emails or receiving messages left on their UUֱ phone numbers. Because employees are not allowed to undertake work activities during a strike, we recommend that students wait until the end of the labour action to contact professors.

Is UUֱ taking account of the strike regarding fees for the fall term? 

  • Yes. The Student Accounts Office has e-mailed or will e-mail students with a balance owing about a deferral of payment for certain fees.

What is the impact on students’ eligibility for financial aid? 

  • Students registered for a full-time course load remain eligible for governmental aid, as well as UUֱ need-based assistance. If you have questions about your situation, please consult the Scholarships and Student Aid Office. We know that students benefit from a range of financial supports, including from external organizations, such as Indigenous communities, that are tied to the completion of a full semester. We will revisit this matter later if necessary.

Who can students contact for urgent academic needs in the event of a strike?

  • Students can email doyen.droit [at] mcgill.ca.

What should community members know about picket lines?

  • Picket lines must not block access or interfere with University activities. If they do, the University will take measures to ensure that buildings, classrooms, and exam rooms are accessible. Those prevented from having access can call Security at (514) 398-3000.

  • Members of the UUֱ community are not obliged to cross a picket line. No one should place their physical well-being or that of others at risk to cross a picket line.

  • Employees who, as a matter of conscience, do not want to cross picket lines must immediately report their decision to their Chair, Director or Dean. They will not be paid for the days they are not present for service on campus.

Last updated: 16 September 2024

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