AU’s Board of Governors (BoG) has been considering an application by the AU executive to de-designate the deans from the AUFA bargaining unit. The business case developed by the Provost to support this de-designation was deeply defective. AUFA provided a response to the executive’s application, suggesting that AU should bargain this issue and advanced proposals about designation in collective bargaining.
The BoG’s Human Resource and Compensation Committee (HRCC) voted on May 21, 2021 to de-designate the deans. AUFA and the deans were informed of this this week, nearly a month later.
The BoG has decided to delay the implementation of this change until the resolution of a complaint filed by AUFA to the Alberta Labour Relations Board (ALRB). The nub of this complaint is that decanal de-designation constitutes a change of terms and conditions of employment during collective bargaining (which is a prohibited practice).
The Labour Board is holding a mediation meeting about this complaint on July 7. If the matter is not resolved via mediation, then the complaint will proceed to hearing. AUFA is seeking a hearing as soon as possible (because violating the freeze period affects our ability to bargain). AU is suggesting the earliest they could be ready for a hearing is March of 2022.
AUFA has advised all candidates in the current decanal searches of AU’s intent to de-designate and the implications of de-designation.
In addition to the current complaint, AUFA has the option of appealing AU’s de-designation to the ALRB. While the basis of the appeal is still being sorted, the substance of the Provost’s business case are likely to be at issue.
AU has asserted the deans don’t do this combination of work and thus don’t meet the (highly contestable) definition of academic that AU just established. As it turns out:
Teaching: Four of the five deans perform direct teaching. The fifth dean (who does not teach) was parachuted in from administrative leave following the termination of the dean of FHD. Indeed, the deans who are supervising graduate students would be forced to give that up if they are de-designated, because the Faculty of Graduate Studies regulations require supervisors to be full-time and continuing faculty members.
Service: All of the deans serve on university governance committees.
Research: All of the deans are engaged in scholarly research.
AU has also argued that deans should be excluded because they perform managerial functions, including making decisions with respect to hiring, promotion, discipline, and discharge, and that they have an important role in labour relations within AU. This assertion founders in several ways:
Section 58.1(4) of the Labour Relations Code explicitly allows for academics who perform managerial functions to be considered employees and thus eligible for membership in faculty association.
Article 3.5 of the collective agreement outlines how hiring occurs. A search committee makes a recommendation to the VPA and the VPA requests the President make an offer. Deans are not decision makers in the hiring process.
Article 3.6 outlines how promotion works. A promotion review committee makes a recommendation to the VPA and the VPA makes a recommendation that the President promote or not promote. Deans are not decision makers in the promotion process.
Article 7 outlines how discipline and termination works. A dean can investigate a concern (although in practice, HR does the investigation) and then makes a recommendation to the VPA who, then decides if discipline is warranted and what the discipline (which can include termination) shall be. Deans are not decision makers in the discipline and termination process.
Deans have effectively no role in labour relations as it affects AUFA members. Deans may have a role in labour relations regarding CUPE tutors or AUPE support staff. This is neither relevant to nor precludes their membership in AUFA.
AU has also asserted that the goals of deans in bargaining will likely conflict with those of other AUFA members. AU has not substantiated this assertion. To date, AUFA has been unable to find any instances of meaningful conflicts of interest occurring.
Dave Powell, President