AGSEM calls on McGill to stop asserting their dubious and self-serving legal interpretations as fact and instead focus on coming to the bargaining table to help us find a fair deal.
Montreal, Sunday, March 24, 2024
Over the past few weeks, McGill has focused more of their attention toward undermining a TA strike than preventing it. McGill has made an impressive array of arguments to support their position that, in the case of a strike, course supervisors have the responsibility to do the work normally done by TAs. In contrast, AGSEM has consistently asserted that TA work, as defined by their workload forms, belongs to TAs.
McGill’s initial position was that TAs and course supervisors duties overlapped so much that supervisors were expected to do their grading in the event of a strike. But after the AMPE (Association of McGill Professors of Education) filed a cease and desist, McGill switched their argument to advocating the legally dubious claim that course supervisors are managers and therefore, can do the work of TAs.
AGSEM’s March 22nd cease and desist sent to McGill administration clearly outlines the lack of foundation for McGill’s newfound claim. The employer’s position is “in blatant contradiction with all applicable legal precedents. Professors, Course lecturers or Faculty lecturers are not and have never been considered as managers by the Employer.” Advocating and requiring course supervisors to do TA work as outlined in workload forms exposes both the university and the supervisors themselves to Quebec’s anti-scab legislation (s. 109.1), which can result in fines (s. 142.1).
Despite the potential illegality of their internal directives, the FAQ remains live as of time of writing. McGill seems more committed to undermining a TA strike than protecting their workers from legal liability.
McGill is grabbing onto whatever justification it can find, however flimsy, to undermine a TA strike. They do not seem to care about protecting professors nor their working environment; McGill’s focus is undermining TA labour rights through attacking the labour rights of professors. AGSEM calls on McGill to stop asserting their dubious and self-serving legal interpretations as fact and instead focus on coming to the bargaining table to help us find a fair deal.
Useful documents to stay informed:
A "Cease and Desist" filed by AGSEM-CSN on March 22, 2024
A "Cease and Desist" filed by the Association of McGill Professors of Education (AMPE) on March 15, 2024
"Legal opinion on the obligations of professors during a possible strike by Teaching Assistants" issued on March 13, 2024
Legal opinion to MCLIU: "Clarifications for MCLIU Bargaining Unit Members" issued on March 24, 2024
Legal opinion to AGSEM: "Clarifications Regarding McGill University Directives and Statements" issued on March 24, 2024
Email to MAUT members about TA grading and how to effectively refuse work, March 25, 2024