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Bargaining Update: Mediator Issues Report

After three days of mediation (March 11, 17 and 22), the mediator has issued a report to the parties with recommendations for a possible settlement. The AUFA bargaining committee has decided to forward the report directly to AUFA members for their consideration. A vote on whether to accept the report will be held on Tuesday, March 29 in lieu of the planned strike vote. There is a Town Hall on Friday, March 25 at 2 pm to discuss the report and next steps. 

Significantly, AUFA’s bargaining team is not making a recommendation to members on whether to accept or reject the report. Instead the bargaining team has elected to remain neutral during the voting process. The decision to hold a vote on the report is anchored in AUFA’s broader commitment to democracy, and to AUFA members’ right to make the decisions that will shape what is, ultimately, their collective agreement. 

This blog post outlines the key recommendations in the mediator’s report. The Town Hall will provide further analysis of the recommendations. Members can find a copy of the mediator’s report here.

Wages and Allowances 

The mediator is recommending the same cost-of-living (COLA) settlement seen at other universities: 

  • July 1, 2020: 0% 

  • July 1, 2021: 0% 

  • July 1, 2022: 0%  

  • April 1, 2023: 1.25% 

  • December 1, 2023: 1.5% 

  • An additional 0.5% retroactive to December 1, 2023, payable in February or March 2024 subject to a “Gain Sharing Formula” linked to provincial GDP growth 

AUFA members will also receive enhancements to their working-from-home allowances: 

  • Members who have not received $2000 for home-office set-up will be paid the difference between what they were paid and $2000 (e.g., members who received $1000 will receive an additional $1000). This payment is taxable. 

  • Academic staff members who previously received $2000 for office set up and have been employed for at least six years shall receive a one-time taxable $800 payment for home office expenses. 

  • Going forward all members required to work from home will receive $35 biweekly for printer and internet expenses (up from $61/month for academics and $25/biweekly for professionals).  

Research and Study Leave (RSL) 

Professionals, except librarians, will no longer be eligible for RSL as of the date of ratification. Professional members who are currently on RSL or have RSL approved will have their leaves honoured.  

Going forward, professionals will be allowed to carryover their annual entitlement of 21 days of PD leave to a maximum of 84 days (i.e., the equivalent of 4 years of PD entitlement) and will be able to request leaves up to that maximum. 

Professionals will have two options for dealing with accrued Research and Study Leave entitlements: 

  • Option One: Unused RSL leave can be surrendered in exchange for a one-time payment of $10,500. Any unused Professional Development days dating back to 2020 shall be returned to the member’s PD bank. 

  • Option Two: Members convert accrued RSL leave to PD leave up to a maximum of 12 months at 100% salary (using the conversion calculation in the current collective agreement). They will be allowed to request leaves up to the amount in their PD leave account. Carryover of PD days will not begin until the member’s account drops below 84 days (i.e., members will continue to earn PD days, but cannot carry them over at the end of the year). 

Employer proposals regarding academic RSL are withdrawn and the status quo remains.  

Other Provisions 

Employer-sought concessions regarding discipline (Article 7), grievance procedure (Article 8), appeals (Article 9), position reduction for academics (Article 12), layoffs for professionals, and probation review for professionals are withdrawn. In all cases, existing language remains. Small changes are made to professional position evaluation review, but members retain the right to appeal decisions under Article 9. 

The mediator recommends establishing a joint committee to review the current academic tenure and promotion process (in Article 3) to make recommendations for the next round of bargaining.  

Some recommendations address AUFA concerns in bargaining, including: 

  • Enhancing occupational health and safety language (Article 25). 

  • Reforming the Joint Benefits Committee to make it more effective in addressing AUFA members’ benefits concerns. 

  • Extending unpaid compassionate care leave to 27 weeks and expanding eligibility to include circumstances of “grave illness”. 

  • Inserting language in Article 3 to allow Indigenous Elders and knowledge holders to be recognized as eligible external reviewers for promotion applications from Indigenous academic members. 

  • Including a new letter of understanding that involves the joint employment equity committee in an advisory capacity in the development of AU’s equity, diversity, and inclusion action plan and in an employment equity review process. 

  • Both parties agreeing to abide by the Labour Relations Board decision regarding the status of Deans in the bargaining unit.  

Vote Results and Next Steps 

The results of the March 29 ratification vote will determine the next steps of the process.  

If members vote to accept the mediator’s report, then it will be considered a ratification of a new collective agreement, bargaining will come to an end, and the provisions in the report take effect as part of the collective agreement.  

If members vote to reject the report, then the parties will return to the bargaining table. The parties are free to bargain directly or continue to use the services of the mediator. Each party will revert to their previous positions before mediation. The mediator’s recommendations may or may not be considered in future bargaining.  

On behalf of the bargaining committee, 

Jason Foster 

AU's near-virtual process violates bargaining freeze period, labour law

Earlier this month, AU sent all AUFA members in the Edmonton area who would have had an office prior to covid a letter informing them of the outcome of a job assessment. Almost all members were told they would work from home permanently, and the letter then asked them to accept this change. Although the ‘accept’ was later updated to ‘acknowledge’ once it was pointed out this was unintentionally conferring some bizarre authority on individual staff, this entire process is a violation of labour law.

AUFA is informing its members not to sign these letters, at the request of legal counsel.

In a unionized environment, the union is the sole bargaining agent of its members. Furthermore, during open bargaining (which has been going on for a very long time), the employer cannot change terms of work without the union’s permission. In short, this change to terms of work needs to be negotiated rather than asserted.

This issue is not simply a point of principle as AUFA members are almost all working from home anyways, but one of material importance. AU’s offices provided work spaces, bandwidth, electricity, accessibility, ergonomics, and other forms of structure and support for doing work. All of these costs will be transferred to the staff sent from home, and there is no indication on how this will be handled beyond a vague promise of an updated policy.

Currently, AU academics are governed by a stale-dated Telework Policy, and other staff who are working from home are subject to an emergency setup which provides a small bi-weekly stipend and a one-time office setup fee. Once the emergency situation ends, so too will those supports. Furthermore, there have been significant issues with accommodation during this process with simple requests like sit-stand desks taking several months. This leads to major concerns about workplace equity and safety.

AU must work through AUFA, not around us, and must negotiate this significant change to ensure that AUFA members receive a fair deal. A copy of the letter sent to the Chief Human Resources Officer is here.

David Powell

AUFA President

Athabasca-location OHS update

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The Athabasca-location Joint Health and Safety Committee held its bimonthly meeting on July 16. Three main issues were discussed.

Returning to Work

The committee discussed the protocol and training AU is developing for a partial return to campus-based work, which is expected in mid-August at the earliest. Copies of the protocol were not yet developed but its main features are expected to include:

  • A minimal number of staff returning to work on site and only when site-based work is required. Returning will require an application justifying the return.

  • Staff will be required to complete supplementary COVID OHS training and will be screened (e.g., temperature check) prior to entry each day. This will also require some staff serving as screeners.

  • There will be physical and operational changes to ensure social distancing. This may include increased distances between desks, more frequent and enhanced cleaning protocols and the use of personal protective equipment. AU has indicated hand sanitizer and masks will be provided as required.

Ergonomic Issues

AU’s move to a near-virtual organization (i.e., most staff working from home permanently) highlights the need for AU to provide appropriate home office equipment. Staff working at home during COVID continue to use workstations that may not be ergonomically appropriate.

At present, AU indicates it does not have the capacity to assess or install ergonomically appropriate workstations in home offices. The issue has been raised with the COVID committee, which handed off the matter to the university executive (as part of its review of the teleworking policy).

While some delay in resolving this issue is understandable, the COVID situation does not excuse AU from its obligation to comply with the OHS Code. Staff members who are facing discomfort or injury due to the absence of an ergonomically appropriate workstation are encouraged to submit the ergonomic assessment form. If AU takes no action, please contact your union OHS representative about filing an OHS complaint.

Injuries

AU recorded one time-loss injury over the past two months. This injury has been reported to the Workers’ Compensation Board and the staff member is recovering. As well, AU is awaiting a final report and recommendations from a consultant regarding a workplace violence incident from earlier this year.

Rhiannon Rutherford and Bob Barnetson

AUFA Athabasca Location OHS Committee Members

 

Working from home: What are your needs?

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Moving almost all AUFA members to home offices during the COVID-19 pandemic has raised a number of issues for both long-term and new home-office workers. AUFA’s executive has tasked the Membership Engagement Committee (MEC) to identify and prioritize these issues.

MEC will be adopting a two-step process: an open-ended question (below) followed by a telephone survey.

At the bottom of this blog post is an open-ended textbox where we would like you to tell us about the challenges or issues that you are facing while working in your home office and what, if anything, AU could do to help you address these issues.

The challenges we've heard about so far include the following:

  • Equipment and ergonomics: Some AUFA members do not have functional and ergonomically appropriate home-office equipment. This is leading to discomfort and limiting working time.

  • Caregiving demands: The disruption of child- and elder-care arrangements is impeding some AUFA members’ ability to work full-time. President Fassina asserted last week that AU will no longer be able to accommodate caregiving that impedes work and HR is now identifying such staff members.

  • Scheduling demands: Some staff members are concerned about a lack of autonomy and flexibility in establishing a work schedule that accommodates additional demands.

  • Connectivity: Some AUFA members have limited or unreliable internet access at home.

  • Workload: COVID-related changes have resulted in significant and unsustainable workload increases.

  • Stress: Stress associated with the disruption of work and home routines as well as ill health and financial hardship has increased.

  • Cost: Many AUFA members are bearing additional costs associated with working from home. The set-up and monthly stipends outlined in the Teleworking policy are only available to academic staff who work from home.

  • Surveillance: Some staff members are concerned that AU is monitoring them while they work from home. This represents a lack of trust and an intrusion into their privacy.

MEC is interested in hearing the specific experiences of AUFA members with working from home. This will ensure that we fully understand the range of issues. Any information provided will be completely anonymous. Responses will be collected until April 9.

MEC will use the data gathered from the open-ended question to structure a telephone survey of 100 randomly AUFA members (25% of the membership). The survey will start the week of April 22. This survey will attempt to quantify (and thus help prioritize) these issues so that AUFA can recommend solutions.

Thank you for your assistance as we help AUFA members navigate this change in our working conditions.

 

Rhiannon Rutherford, Chair

AUFA Membership Engagement Committee