In anticipation of a work stoppage, the unions representing support staff, faculty, and tutors and academic experts at Athabasca University have signed a solidarity pledge:
AUPE Local 69, CUPE Local 3911, and AUFA agree that, in the event of a strike and/or lockout affecting one union, the other unions will encourage their members to refuse to perform work beyond their normally assigned duties, specifically work typically done by striking and/or locked out workers, as is their right under s.149(1)(f) of the Labour Relations Code.
What this means is that the three largest unions at AU will ask their members to not take on the work of any striking workers.
We anticipate that this pledge will intensify the operational disruption any strike will cause AU and, thereby, increase the pressure on AU to come to a reasonable settlement.
Frequently Asked Questions
Q. Can we really refuse to do work normally performed by other workers when they are on strike?
A. Yes. The Labour Relations Code prohibits employers from taking action against any employee who refuses to “perform all or some of the duties and responsibilities of another employee who is participating in a strike.”
Q. Why would we want to refuse to perform struck work?
A. Two reasons. First, we already have full workloads. Taking on extra work is just not possible. Second, refusing struck work builds solidarity among AU staff. Specifically, if AUFA members refuse to perform AUPE or CUPE work when they are on strike, AUPE and CUPE members are more likely to refuse to perform AUFA work when we’re out. The heightened operational disruption caused by refusing to perform struck work raises the cost to AU of any work stoppage. This means AU is more likely to negotiate a fair deal, rather than force a strike.
Q. Will refusing struck work harm students?
A. Yes. Disrupting AU’s operations to apply pressure on AU to settle is the point of a strike. If AU chooses to force a strike by not negotiating an acceptable deal, the best we can do for students is to try to make that strike as short as possible. Refusing to do struck work is a part of maximizing the pressure on AU to settle.
Q. Can AU just hire replacement workers?
A. Theoretically, yes. But, in reality, AU would find it extremely difficult, if not impossible, to get hundreds of replacement workers who know how to do our jobs. And, even if AU were to somehow magically find hundreds of suitable replacement workers, how would they onboard and train them in a timely manner? Practically speaking, the only pool of available and qualified workers able to keep the lights on during a strike are AU employees in other bargaining units. This solidarity pledge denies AU access to these workers.
Q. What happens if AUPE or CUPE strikes and I decide to do their struck work?
A. In the short term, probably nothing. When that strike settles, though, it will be evident that you scabbed on your AUPE or CUPE colleagues and undermined their ability to get a fair deal. They will likely be very unhappy with you. Common outcomes include social exclusion, public shaming, and quiet payback via doing jobs you need done poorly and/or slowly. When it is AUFA’s turn to strike, they may then scab on you, undermining our ability to get a fair deal. It is just better not to scab when someone else strikes. It’s called solidarity.
Q. If there is a strike and I am asked to do struck work, how do I decline it?
A. You can tell your supervisor, “that is struck work and I won’t be performing it as is my right under the Labour Relations Code.” You can also contact your union for assistance. If AU disciplines you for your refusal, AUFA will appeal the discipline as well as file an unfair labour practice complaint at the Labour Board.
In solidarity,
David Powell, President