Emerging from Bill 124

Last fall, the Ontario Superior Court of Justice declared the Protecting a Sustainable Public Sector for Future Generations Act (formerly Bill 124) violated the Canadian Charter of Rights and Freedoms, on the grounds that the legislation interfered with collective bargaining rights. The Honourable Markus Koehnen delivered the decision.

As of February 23, 2024, the Ontario government has repealed the legislation. 

OCUFA member organizations have called for changes to their collective agreements, given that the restrictions placed on wages and other bargaining rights have been declared unconstitutional.

Recent bargaining successes

King’s University College

The King’s University College Faculty Association (KUCFA) negotiated a wage increase on top of the one per cent that they were restricted to under Bill 124. The new ratified agreement provides a 2.95 per cent wage increase retroactive to May 1st, 2023. This change reflects a 1.95 per cent increase in addition to the one per cent increase KUCFA negotiated under duress due to the wage restraint legislation. KUCFA included a reopener clause in their existing collective agreement that could be activated should Bill 124 be revoked, or amended, for the 2023-24 academic year.

McMaster University

On July 1, 2023, members of the McMaster University Faculty Association (MUFA) received a $1,050 across-the board increase to base salary, in addition to the one percent increase agreed to under duress during the Bill 124 wage restraint period. According to a clause in MUFA’s 2022-2025 Memorandum of Settlement, this additional increase was contingent upon the absence of a government directive or law in draft or in effect prohibiting the increase. As a result of Bill 124 being nul and void as of July 1, MUFA was successful in achieving this gain in 2023.

OCAD U

The Ontario College of Art and Design Faculty Association (OCADFA) was awarded an additional 5.5 per cent on top of the three per cent agreed to under Bill 124, phased in over the last two years of the collective agreement. Specifically, OCADFA received increases of one per cent effective July 1, 2021, one percent effective January 1, 2022, 1.75 per cent July 1, 2022, and 1.75 per cent effective June 30, 2023. The Award further makes clear that, if Bill 124 is upheld on appeal at either the Court of Appeal or the Supreme Court, the university will not seek repayment of monies paid under this award. In his 2021 Award for OCADFA Arbitrator Kaplan stated that he would remain available to re-open compensation issues should outstanding constitutional challenges prove successful.

Ontario Tech University

The University of Ontario Institute of Technology Faculty Association (UOITFA) successfully negotiated an increase to compensation following the declaration that Bill 124 was unconstitutional, based on a letter of understanding permitting such a reopener signed as part of their 2021-2024 collective agreement. Members received a three per cent across-the-board (ATB) increase (instead of the previous one per cent) for 2023-2024. This increase further applied to salary floors and career development increment (CDI) ceilings. The newly signed Memorandum of Agreement (MOA) also extended the collective agreement for another year, to end June 30, 2025, with ATB, salary floor, and CDI increases of three per cent for 2024-2025. The terms of the new agreement are without prejudice to any remedy that may be awarded by the courts following the challenge to the constitutionality of Bill 124 and/or any appeal outcomes, and the Arbitrator remains available to consider an appeal of such an award by either party, or any dispute over the implementation of the new MOA.

Renison University College

As part of their recently concluded collective agreement negotiations, members of the Renison Association of Academic Staff (RAAS) successfully negotiated a Bill 124 compensation increase retroactive to April 30, 2023. This was based on the principle of salary parity with the Faculty Association of the University of Waterloo (FAUW).

Members employed at Renison on or before May 1, 2021, received a two per cent increase to scale, plus $2,500, effective April 30, 2023. Members employed at Renison since May 1, 2021, received a one per cent increase to scale, plus $1,500, effective April 30, 2023. This was applied prior to the annual salary scale increase negotiated over the 2023-2027 term of the new agreement.

The Bill 124 increase is noted in the Memorandum of Settlement, which states that the settlement resolves any claims the Association may have against the University for compensation lost due to Bill 124 and any legal decisions regarding its constitutionality.

Osgoode Hall (York University)

On April 13, 2024, members of the Osgoode Hall Faculty Association (YUFA) were awarded wage increases to apply retroactively over their 2022-2025 collective agreement. The increases were awarded by Arbitrator Eli Gedalof in a multi-party interest mediation-arbitration (which also included the York University Staff Association, York University Faculty Association, and CUPE 1356) arising from negotiations over the Bill 124 re-opener agreed to in the Memorandum of Settlement for the agreement.

Inclusive of the previously agreed one percent per year increase, the award takes the total increases, which apply to Base Salaries/ATB, Overload Rates, and Stipends for Academic Administrator positions, to two per cent in 2022-23, three per cent in 2023-24, and four per cent in 2024-25. This amounts to a cumulative increase of 9.26 per cent over the three-year period.

The retroactive application of the increases means that members who had left the bargaining unit in 2022 or 2023 will nonetheless receive compensation for the period in which they were still employed at Osgoode Hall.

Toronto Metropolitan University

Adding to the list of successful changes to collective agreements after Justice Markus Koehnen’s decision to strike down Bill 124 in 2022, the Toronto Metropolitan University Faculty Association (TFA) ratified a reopener for their 2020-23 agreement, introducing an additional 0.75 per cent, two per cent and 2.5 per cent on top of the previously negotiated one per cent increases for each year of the agreement. This amounts to total wage increases of 1.75 per cent, three per cent and 3.5 per cent over the three years of the agreement. TFA negotiated directly with the employer for this increase although, in the 2021 arbitration decision for their agreement, Arbitrator William Kaplan had also stated that he would remain available to consider the matter of re-opening compensation in the case of a successful charter challenge.

University of Ottawa

In October 2023, the Association of Professors of the University of Ottawa (APUO) joined the ranks of faculty associations that have successfully negotiated wage reopeners following the court judgement dismissing Bill 124 as unconstitutional.

The salary adjustments will apply retroactively, adding 1.25 per cent to members’ salaries on May 1, 2021, two per cent on May 1, 2022, and 2.25 per cent on May 1, 2023. This is in addition to the one per cent per year increase members have already received, and represents a total increase of 8.5 per cent over the 2021-2024 agreement, or an average annual increase of 2.83 per cent.

APUO members employed at any time between May 1, 2021 and April 30, 2024, will receive a lump sum payment covering their adjusted salary, prorated for the period of their employment during this time.

University of Waterloo

The Faculty Association of the University of Waterloo (FAUW) have also successfully used the “reopener” clause in their 2021-2024 Memorandum of Salary Settlement, to negotiate an increase. In July 2023, faculty actively employed on May 1, 2021 received an increase in two phases. In Phase One, they received a first adjustment of two per cent of base salary starting April 30, 2023. In Phase Two, they will receive a second adjustment of two per cent which includes the normal salary conversion currently in place for May 1, 2023 (one per cent) plus an additional one per cent to be included on top of the Phase One adjustment. They will also receive a one-time lump sum payment of $2,500 each. Faculty actively employed as of May 1, 2022 (but not in May 2021) received an increase of one per cent on the base salary as of April 30, 2023, in Phase One. In Phase Two, they will receive a second adjustment of two per cent (one per cent plus the previously negotiated increase of one per cent) as well as a one-time lump sum payment of $1,250 each.

Western University

The University of Western Ontario Faculty Association (UWOFA) has settled further increases to base salary as part of their Bill 124 reopener negotiations for their 2022-2026 collective agreement. These increases apply to full-time and contract faculty. Further increases include a two per cent increase applicable July 1, 2023, plus a $1,750 addition to base salary, one per cent applicable July 1, 2024, and one per cent applicable July 1, 2025. A $5,000 promotion bonus for full-time faculty will also now apply for the duration of the agreement (previously it was only available for the last year of the agreement).

For contract faculty members, an additional two per cent applicable July 1, 2023 as well as July 1, 2024, and an additional 1.5 per cent applicable July 1, 2025. UWOFA’s re-opener clause indicated that the parties could renegotiate wage increases if Bill 124 was struck down and all appeal proceedings exhausted, and the union pushed the employer to engage in discussions given the timing of their tentative agreement just weeks prior to Justice Koehnen’s declaration that Bill 124 was unconstitutional.

Wilfrid Laurier University

The Wilfrid Laurier University Faculty Association (WLUFA) full-time unit was successful in recapturing a $900 lump sum that was precluded while Bill 124 was in force.

York University

On April 13, 2024, members of the York University Faculty Association (YUFA) were awarded wage increases to apply retroactively over their 2021-2024 collective agreement. The increases were awarded by Arbitrator Eli Gedalof in a multi-party interest mediation-arbitration (which also included the York University Staff Association, Osgoode Hall Faculty Association, and CUPE 1356) arising from negotiations over the Bill 124 re-opener agreed to in the Memorandum of Settlement for the agreement.

Inclusive of the previously agreed one per cent per year increase, the award takes the total increases, which apply to Base Salaries/ATB, Overload Rates, and Stipends for Academic Administrator positions, to two per cent in 2021-22, three per cent in 2022-23, and four per cent in 2023-24. This amounts to a cumulative increase of 9.26 per cent over the three-year agreement period.

The retroactive application of the increases means that members who had left the bargaining unit in 2021 or 2022 will nonetheless receive compensation for the period in which they were still employed at York.

Skipped Moderation Periods

In addition to those OCUFA member organizations that successfully negotiated reopeners, a few skipped the moderation period entirely or in part.

Huron University College

The Huron University College Faculty Association avoided going into moderation because its 2019-2023 collective agreement was signed before Bill 124 came into effect.

St. Jerome’s University

The St. Jerome’s University Academic Staff Association settled their 2018-23 collective agreement prior to Bill 124.

NOSM University

The NOSM University Faculty and Staff Association entered into their first year of moderation during its 2022-2023 contract extension agreement. Although they had a reopener clause in the one-year agreement, following the striking down of Bill 124, they decided to negotiate for losses in 2022-23 due to Bill 124 as part of their new 2023-2026 agreement. They successfully achieved a five per cent increase in the first year, representing a scale increase of four per cent and a $1,250 lump sum to base, and three per cent increase in each of the second and third years of the agreement.

Queen’s University

The Queen’s University Faculty Association fully avoided wage restraint under Bill 124, since it settled soon after Justice Koehnen struck down Bill 124 and had not undergone moderation during its 2019-2022 agreement. In their 2022-2025 agreement, they achieved annual across-the-board (ATB) increases of 3.5 per cent, three per cent, and three per cent retroactive to July 1, 2022. Even more significant compensation gains were attained for contract faculty, whose base stipends increased prior to the ATB rates being applied, and who received a two per cent increase to pay in lieu of benefits (from six to eight per cent).

Trent University

The Trent University Faculty Association (TUFA) was the first association to reach a deal after Justice Koehnen’s decision to strike down Bill 124, after having already served the bulk of its moderation period under the previous agreement. Salary increases in the 2022-2025 agreement included an immediate increase of an additional 1.75 per cent for January 1, 2023, cutting short the union’s moderation period by six months. Three per cent increases were achieved for the second and third years, applied on July 1 of each year.

University of Toronto

University of Toronto Faculty Association members were subject to moderation in the first two years of their 2020-2023 agreement; salary, benefit, and workload matters in the third year were referred to interest arbitration, and in September 2022, the Arbitrator made an Interim Award of one per cent for year three. In September 2023, Arbitrator Kaplan increased this amount to eight per cent, to apply retrospectively for the 2022-2023 year. The St. Michael’s faculty bargaining unit went through the same pattern, of one per cent increases for years one and two, followed by eight per cent for the third year of their 2020-2023 agreement.