After a nine-month delay, bargaining between AUFA and AU has commenced. Today, the two sides exchanged opening offers. Opening offers represent the starting points for negotiations. During bargaining, we can expect each side to move off of their opening position and towards a mutual agreement.
This blog summarizes AUFA’s opening offer to AU. You can view AUFA’s full opening proposal. In the summary below, we reference the applicable section of the collective agreement in paratheses. You can view the current AUFA collective agreement (which would be modified by these proposals) here.
Much of what follows was driven by membership engagement in the spring of 2020. Subsequently, we made some additions to our opening position as new issues emerged. The high-level proposal was ratified by 91% of voting members.
Money, Benefits, and Vacation
AUFA has proposed a three-year agreement (July 1, 2020 to June 30, 2023). AUFA is asking for a cost-of-living adjustment (COLA) of +3% in each year of the contract. This increase would apply to both individual salaries and to our salary scales (Schedule A). This proposal is intended to address the long-term decline in AUFA member’s purchasing power.
AUFA has also proposed AU cover the full cost of our extended benefits plan (Schedule B). Presently, AUFA member cover a portion of the costs associated with our health-care, dental, vision, and life insurance benefits. AUFA is also seeking clarification about the process regarding changes to benefit coverage as the employer has recently stymied requested changes, and the bargaining team may present proposals regarding benefits if needed.
AUFA has also proposed an increase in vacation days by four (Schedule B). These days would float around the July 1 statutory holiday or the National Indigenous Peoples Day (staff member chooses which). This creates a pause period for the institution in the summer, similar to the winter closure.
Home office costs
AUFA has proposed new language addressing home office costs, including:
a $2500 start-up grant,
a $150 monthly stipend, and
provision of adequate IT.
Presently, home-office financial support is set out in policy and AU can change policy at its discretion. Enshrining these benefits in the collective agreement prevents AU from unilaterally changing what we receive.
Sick Leave
AUFA has proposed clearer sick leave language (Article 16.5). Sick notes shall only be required after 10 working days of illness. And a note by a member’s doctor shall be considered adequate proof of illness. AUFA must also be informed if an AUFA member is required to provide proof of illness and be involved in all return-to-work arrangements.
These proposals reflect AU’s history of poorly treating members on sick leave and denying sick leave without cause. These proposals also address AU’s efforts during the 2018-20 round of bargaining to force AUFA members to see company doctors at AU’s discretion (a proposal AUFA defeated through member action).
AUFA has proposed extending paid compassionate care leave from 8 weeks to 28 weeks (Article 16.8). AUFA has also proposed expanding eligibility such that members can access this leave when family members have a serious illness (rather than just when they face a significant risk of death). Broadening the eligibility for this leave is necessary because of the disruptive effect serious family illness has on AUFA members’ ability to work. Extending the duration of compassionate care leave recognizes that the circumstances giving rise to such leaves tend to be protracted.
Equity
AUFA has proposed doing away with professional freedom and extending full academic freedom to all AUFA members (Article 11). This proposal reflects widespread AUFA membership support for allowing all members freedom of expression in the workplace.
AUFA has proposed changes to language that would allow all members to appeal unfair workloads, duties, or performance assessments to a body of their peers (Article 3.3, 4.3, 9.5). Presently, when there is a dispute between a member and their supervisor about whether a workload is reasonably achievable or an assessment is fair, appeals go to the appropriate executive officer and the president (appeals about increment denials go to appeal committees in Article 9).
Appealing to the boss is never effective. Routing these appeals to the existing academic and professional appeal committees in Article 9 will result in a fairer process. It also creates an opportunity for AUFA members who receive an increment but have unfair comments placed on their file to appeal these comments (presently there is no appeal mechanism for that).
At the request of the AUFA equity committee, as a first step in strengthening our commitment to equity, AUFA has proposed significant changes to Article 26 (equity), including:
A commitment to increasing the proportion of Staff Members from traditionally under-represented group.
Completion of a pay equity survey every three years.
Recognition of the additional work commonly borne by equity-seeking groups.
A contractual obligation to implement the Truth and Reconciliation Commission (TRC) calls to action.
Allowing Indigenous academics to select from a broader range of externals during promotion.
AUFA has proposed new language on contracting out (Article 29). Contractors are individuals hired outside of the collective agreement to do work typically done by AUFA members (e.g., teaching, editing).
The main rationale for hiring contractors is that the work is short-term. Yet, AUFA has found multiple contractors who have held successive contracts. Approximately 60 contractors have been with AU for over 15 years. The most egregious example is one contractor who had 39 contracts between 2011 and 2019. Clearly contracted out work is ongoing. This behaviour by AU is presently the subject of a protracted grievance by AUFA.
AUFA believes that term contracts (Article 5) allow AU sufficient flexibility to bringing temporary staff. The widespread use of contractors (there are approximately 200 active contractors presently) also erodes AUFA’s ability to effectively strike.
AUFA’s proposal on contracting out includes:
AU must gain AUFA consent to contract out bargaining unit work.
Contractors who have been employed longer than 24 months shall be offered a regular or term appointment. If they decline such an appointment, the work shall be posted for hire within the bargaining unit.
OHS, designation, hot cargo, union release time, surveillance
AUFA has proposed a substantial expansion of provisions dealing with occupational health and safety (Article 25). These changes are in response to Bill 47, which eliminated many procedural rights from the OHS Act. The intention of these changes is to ensure AUFA members have meaningful input to workplace safety.
AUFA has proposed changes to limit AU’s ability to de-designate AUFA members (Articles 1 and 28). These proposals require AU to get AUFA’s consent to de-designate members. A new Article (Article 28) also seeks to enshrine AU’s present consultation process on designation change into the collective agreement. Placing the process in the collective agreement limits AU’s ability to unilaterally change it.
AUFA has proposed language that would allow AUFA members to decline to perform the work of AUPE or CUPE members if those members are on strike or locked out. This proposal also allows AUFA members to honour picket lines without fear of discipline. These “hot cargo” provisions are common in collective agreements and are a part of building solidarity with other AU unions.
AUFA has proposed clear language about and additional time off for AUFA’s president and bargaining chair to perform their duties (Article 17). Additional time off work is required because of the growing complexity of AUFA’s work. Additional clarity in the language is required because AU has denied recent AUFA requests for time off (at AUFA’s cost) to perform these duties. This denial is subject to a grievance.
AUFA has proposed language limiting the ability of AU to physically or electronically surveil AUFA members and requiring the employer notify AUFA members and the Association of all surveillance. This proposal reflects concerns about AU’s increasing ability to monitor AUFA members work and communications, thereby violating their reasonable expectation of privacy.
Going Forward
AUFA has received AU’s opening offer and the bargaining team will be providing a summary of it shortly. As bargaining progresses, the bargaining team will be keeping you informed of progress through blog posts and townhall meetings. These opening proposals will change as bargaining progresses. Strong member support and mobilization will help ensure we get as much as we can for AUFA members out of this round of bargaining. Questions about bargaining can be directed to Jason Foster, chair of the AUFA’s bargaining team.
Jason Foster, Chair
AUFA bargaining team