On February 18, AUFA applied to the government for formal mediation. The bargaining team hopes the assistance of a mediator will allow the parties to make progress towards a new collective agreement. In the event progress is not made, this application also moves AUFA and AU one step closer to a strike. This post explains what applying for mediation means and what the next steps look like.
Formal mediation is part of the negotiation process in the Labour Relations Code. The government will appoint a mediator who will meet with the parties to attempt to resolve outstanding items in dispute. Either party can request mediation at any time if they feel negotiations have stalled.
After a lengthy discussion this week, AUFA’s bargaining team decided to apply at this time because the parties are very far apart on many issues. It has also been more than 560 days since our collective agreement expired and we have been in active bargaining for almost a year. Given the slow pace of negotiations, the bargaining team believes it unlikely that AUFA and AU can reach an agreement in a reasonable timeframe without third-party assistance. AUFA hopes a mediator will focus AU’s attention to outstanding issues.
Mediation does not mean bargaining between AUFA and AU comes to end. The parties can continue to bargain both inside and outside the mediation process. Four bargaining dates have been confirmed (February 28, March 2, 17 & 18), and AUFA has informed AU of its willingness to bargain on those days. Those dates may also be turned into mediation days if the mediator is available.
The mediation process ends in one of two ways. Either the mediator writes a report outlining possible terms for an agreement, which would be taken to AUFA members to vote on, or the mediator files a statement indicating they were unable to find an agreement.
If mediation ends without a new contract, the parties enter a 14-day “cooling off period” where no further legal steps can be taken. AUFA and AU can continue to bargain during the cooling off period. We saw post-mediation bargaining occur at Concordia University of Edmonton last fall and at the University of Lethbridge this spring. At the end of the 14-day cooling off period, AUFA would be legally permitted to conduct a strike vote of our members.
To be clear AUFA’s bargaining team remains firmly committed to finding a negotiated settlement that is fair for AUFA members. AUFA is seeking formal mediation to signal to AU that their go-slow strategy is stymying progress at the table. Our hope is that the presence of a third party in bargaining might kickstart more serious discussions.
On behalf of the bargaining committee,
Jason Foster, Chair
AUFA Bargaining Team