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Rob Ewaschuk, a former Student Councillor and Director of Feds during the SLC Tim Hortons negotiations in 2003 and 2004, sent an e-mail to Students' Council and other former student directors.

In the letter he expresses his view on the issue of reduced TIm Hortons hours and what he thinks the agreement says from his perspective.

• SLC Tim Hortons closed for long weekend; free coffee at Turnkey 20 May 2006
• Food Services proposes shorter summer hours for SLC Tim Hortons 17 May 2006
• Tim Hortons -- new outlet, possible new hours for SLC Imp 19 May 2006

• [RDC] SLC Tim Hortons Proposed new hours 26 May 2006

Operating hours for Tim Horton's in SLC

Michelle,
cc: Students' Council, former Non-executive Board of Directors members

Following our conversation yesterday, I'd like to reconfirm that I believe that changing the hours of the Tim Horton's in the Student Life Center (SLC) is neither within the authority of the Food Advisory Board (FAB) granted by the agreement[1], nor consistent with the desires of the Council and Board that passed it.

The relevant portion of Section 3 of the agreement reads:
"c. Tim Hortons SLC will be open on a 24 hour basis from the first day of classes until the last day of exams each term. During the periods in which classes and exams are not being held, shorter hours, as appropriate, will apply. Tim Hortons SLC will be closed whenever the University is closed, ie: Christmas holidays, storm closings, etc.

d. The Food Advisory Board will regularly set and/or adjust the peak-hour periods, and determine the principles of use of the space for student bookings. Any change in the operating hours, use of space guidelines, booking principles, or other issues which need to be reviewed will require the approval of the Food Advisory Board before those changes are implemented."

Section 3(c) clearly sets out that the establishment shall be open 24 hours during every term. While a cursory reading of 3(d) might leave the impression that the FAB has the authority to enact changes to these hours, a careful reading of it gives me no reason to think that they do; the only authority the agreement gives them is to block changes. That is, any change to the items listed (operating hours, etc.) requires FAB approval, but I don't see any reason that the FAB is allowed to override clause 3(c); the agreement's silence in 3(d) with respect to 3(c) reinforces that reading.

Moreover, all of this is clearly contrary to the spirit of the agreement, and to the relevant whereas clause:
"WHEREAS Students' Council directed the Federation of Students Executive to negotiate a mutually acceptable agreement with UW Food Services for the operation of the Tim Horton's outlet consistent with the terms of the presentation made to Students' Council, November 9, 2003."

I clearly recall emphasis on the 24-hour nature of the then-future Tim Horton's, and a recognition that this might not be profitable year-round. The fact that the agreement compromises on this point (in allowing closures between the end of one term and the beginning of the next) speaks to the fact that this was a well-understood aspect of the agreement by both parties. The Tim Horton's was to be a service for all students, all the time, to make it as useful an outlet as possible.

The FAB cannot unilaterally authorize changing the hours of operation by the spirit or letter of the agreement, nor can the current Students' Council or Board of Directors; only a renegotiation agreed to by both parties would permit that. I hope any renegotiation of any aspect of the agreement is done carefully, and with a respect for the spirit and wording of the agreement made by the Council and Board of that time. I do not believe the Council and Board of the time would look favourably on any relaxation of the "24-hour" policy.

Sincerely,
Rob Ewaschuk
Former Federation of Students Non-executive Board Member and Student Councillor

[1] http://old.uwstudent.org/download/2004/04apr/Feds-UWFSTimHortons.pdf