Bargaining Update

AU and AUFA met last week for two days of bargaining (October 25 & 29). AU continues to refuse to present 12 of its proposals, including its monetary proposals. The AUFA bargaining team once again re-iterated how this refusal is blocking progress at the table.

Academic and professional freedom (Article 11) and Article 4, which relates to professional’s probation, performance and promotion were the primary topics of discussion. The parties also agreed in principle to some small housekeeping changes to Article 20 regarding external professional activities (i.e., work outside of AU), although some larger issues in that article remain.

On academic and professional freedom AUFA provided a counter-proposal which would protect key elements of academic freedom and enhance professional freedom. While AU did not provide a formal response to the proposal, AU repeated its claim that professionals do not need protection because no professionals have ever been disciplined for speaking out or criticizing the employer. AU continued to make this claim even after AUFA provided an example of a professional being disciplined for expressing professional concerns over an employer decision.

On the topic of professionals’ probation, performance, and promotion (Article 4), the parties had extended discussions over AU’s proposal to eliminate key processes such as the probation review and position evaluation committees. These processes ensure that decisions regarding probation and position classification are fair to the member. These rollbacks are accompanied by a proposal to reduce the probation period to 12 months (from 2 years).

AU’s proposal is a classic “carrot-and-stick” proposal. AU is offering something that benefits the members (i.e., shorter probationary periods) but has paired it with series of measures that profoundly undermine members’ rights (i.e., fair probationary review and position evaluation processes). AU has not presented a compelling rationale for reducing the fairness of the probationary and position evaluation processes. AUFA continues to advocate for fairer processes for these kinds of decisions, including resolving disputes over workloads and performance evaluations.

AU’s insistence on rolling back rights for professionals with the justification that professionals don’t deserve these rights because other universities don’t provide the same level of protection to their professionals is an example of a wedge strategy. A wedge strategy seeks rollbacks affecting a subset of the full membership. These rollbacks are often paired with some sort of minor improvement for other members. This strategy is designed to erode the solidarity of a union’s members by incentivizing the majority of members to vote for a small gain that benefits them at the expense of the subgroup targeted for rollbacks. In subsequent rounds, the employer builds on the animosity it has created by targeting a different group for rollbacks.

Rolling back rights of professionals is contrary to the university’s longstanding commitment to relative parity between professional and academic groups. AUFA argues this parity is warranted because education delivery at AU is more integrated than at bricks-and-mortar institutions and professionals are more involved in all aspects of the university’s mandate. In this way, AU is unique and the collective agreement reflects this uniqueness.

When AUFA reminded the employer’s bargaining team of AU’s uniqueness as an institution, it was told that AU being unique is “dangerous”. “One problem we face is thinking that we are unique”, AU co-chair Margaret Kierylo warned. “We are exactly like other institutions”.

AUFA believes this drive to separate professionals and academics is behind many of AU’s bargaining proposals, and may even be reflected in their monetary offer when it is finally presented. If AUFA’s members allow AU to roll back rights for professionals in this round of bargaining, AU will almost certainly come for the rights of academics in the next round of bargaining.

Finally, AUFA provided 11 dates in November and December where the team is available and willing to bargain. AU was unable to respond to those dates. AUFA, once again, must wait for AU to offer dates. AUFA is growing concerned about the lack of AU’s availability to bargain. Bargaining for a few days each month is insufficient to reach a deal in a reasonable timeframe.

As a reminder, AUFA is holding a town hall meeting for all members tomorrow, Tuesday November 2, at 10:00 am, to discuss the status of bargaining and to answer members’ questions about a possible strike/lock out. If you have questions, please attend.

As always, the AUFA bargaining team will work hard to represent the members’ best interests at the table.

Jason Foster

Chair, AUFA Bargaining Committee