Last week, 91% of participating AUFA members voted to support the opening proposal prepared by the Bargaining Team. Two hundred and six members voted in favour of the opening proposal while 20 members voted against. And additional 17 members abstained. Voting turnout was 57%, which is higher than usual. This strong mandate will be helpful to counter any employer assertions that AUFA’s proposals do not have membership support.
Notice to Bargain
Your AUFA bargaining team is Eric Strikwerda (Chair), Serena Henderson, Jason Foster, Bangaly Kaba, and Alexa De Gagne, as well as AUFA Executive Director Nick Drieger.
Last week, the bargaining team also served notice on the employer that AUFA wishes to commence bargaining for a new contract.
Our existing contract expires June 30, 2020. Because AUFA served notice to bargain, the current contract continues to operate under the bridging provisions (s.130) of the Labour Relations Code until either (1) a new contract is ratified or (2) a work stoppage commences.
Bargaining Timeline
Under the Labour Relations Code (s.61), AUFA and AU must meet and commence bargaining in good faith within 30 days of notice being served. This means the parties must meet for the first time by the end of May.
Within 15 days of this meeting, the parties must exchange opening proposals (so, approximately by June 15). After this, a series of bargaining meetings will take place. In the past, these meetings have alternated between Edmonton and Athabasca.
Bargaining meetings will continue until such time as either a memorandum of agreement (MOA) is reached on a new contract or bargaining impasse occurs. Any MOA will be brought back to the AUFA membership for a ratification vote.
If bargaining reaches impasse, this triggers a long process entailing the negotiation of an essential services agreement, mandatory mediation, a vote on any mediator’s recommendation, and then possibly a strike vote and a work stoppage. It is unlikely AUFA and AU would be in a position to trigger a work stoppage sooner than late autumn of 2020.
Statistically, a work stoppage is unlikely. More than 99% of negotiations in Alberta are concluded without a work stoppage. That said, AUFA’s job action committee will commence planning in the next few weeks against the possibility that there will be one. You will be hearing more about these plans in a blog post from the Job Action Committee in the coming weeks.
Bargaining and COVID-19
Typically, bargaining is conducted in face-to-face meetings. These meetings normally entail time spent talking with the other side (i.e., bargaining) and time spent talking within each team (i.e., caucusing).
It is unclear how COVID-19 restrictions will affect bargaining. Current restrictions pose difficulties associated with appropriate physical distancing during meetings and travel.
Some post-secondary institutions have tried using videoconferencing. Most report this approach is difficult to use. This was AUFA’s experience in 2010 when we used videoconferencing for some bargaining sessions.
Other post-secondaries are discussing delaying bargaining until social distancing restrictions are relaxed. This might be the most sensible approach since a short in bargaining delay has no material effect on either party.
Bargaining and Designation
Last Wednesday, after a two-month break, AU informed AUFA that it wished to continue consultations on its proposal to carve 67% of AUFA members out of the bargaining unit. AUFA will be joining CUPE and AUPE in these consultations, which commence this month (date TBD).
From a bargaining perspective, AUFA’s plan is to go forward with designation-related language proposals. If AU threatens to (or actually does) de-designate AUFA members during bargaining, AUFA will proceed with its publicity and legal strategies to thwart these efforts.
Communications During Bargaining
During the last round of bargaining, AUFA’s bargaining team worked hard to apprise the membership of what happened during each round of bargaining as well as to seek membership feedback on the employer’s proposals. While we don’t know exactly how this round of bargaining will play out, our communication plans includes:
The release of AUFA and AU’s opening proposal.
Membership updates after each round of bargaining.
Analysis of AU proposals.
Periodic townhall meetings.
We can also expect public facing communications from the job action committee. These communications are designed to apply pressure on AU to come to a negotiated settlement with which AUFA can live with. This may include blogs, social media posts, and membership actions.
Last round, member actions included letter-writing campaigns (to the Board and MLAs) and information pickets. Information pickets were held in Athabasca, at a Board meeting, at the Board chair’s place of work, and at an AU event.
Employer Communication
AUFA members can likely expect AU to undertake a communications strategy during bargaining. Last round, AU hired a consultant and ran a website about bargaining (since removed from the AU website).
AU is also likely to use its normal communication tools (e.g., allstaff emails, Neil’s fireside chats) to convey information that has bearing on bargaining. For example, we may hear about the AU’s financial position, government spending mandates, and the prospect of layoffs.
It is legitimate for the employer to convey operationally relevant information to staff. But we should also be mindful that AU carefully shapes its communications and is likely aware that its messaging can affect AUFA member’s resolve during bargaining. That is to say, be mindful that any heightened anxiety you feel after reading employer communication during bargaining may well be a result of the employer’s communications strategy.
Eric Strikwerda, Chair
AUFA Bargaining Committee