All AUFA members received notice of an unfair labour practice (ULP) recently filed against the association by Athabasca University, alleging bad faith bargaining. Some members have inquired what this is about. ULPs are allegations that the employer or union has engaged in behaviour prohibited by the Labour Relations Code. In this case, the employer’s complaint is about Holiday cards sent to them by the Job Action Committee (JAC). The complaint alleges that these cards are a “mafia-esque” intimidation campaign against their families.
Here’s what the cards look like:
Background
During December, AUFA members participated in a meme campaign organized by JAC. These were intended as both a lighthearted way for members to share their concerns, and to pressure AU into bargaining in good faith. The meme campaign culminated in Holiday cards being mailed to the home addresses of the two bargaining co-chairs, and Interim President. You may recall that AUFA filed its own ULP with the Labour Board on September 24, 2021 alleging, among other things, that AU was bargaining in bad faith by withholding its monetary proposals. The employer eventually did release their full monetary offer on January 21st, a full 570 days after bargaining began.
The cards are a form of leafletting, an old union standby of distributing leaflets during bargaining to raise awareness and pressure the boss. In this case, the intention was to ensure the meme campaign reached the senior administrators behind AU’s bargaining strategy. The cards were sent to home addresses as AU is a work from home employer.
The following are quotes from the Unfair Labour Practice that detail the substance of the complaint:
AUFA’s conduct is illustrative of a very clear intent to engage in unlawful intimidation. The Christmas Cards were sent to the homes of the University’s bargaining committee’s Co-Chairs, and the University’s Interim President. They could have been sent to their offices, but AUFA made the choice to send them to their homes. From a common-sense perspective, in the circumstances, there is simply no reason that AUFA would send such acard to an individual’s home address, rather than their business address, other than to sendthe message: “we know where you live”. It is an implicit threat the safety of the recipient and that of their families.
…
This Mafia-esque communication tactic by AUFA clearly falls outside of the scope of communications that are permitted under Section 60 of the Code.
The notion that the cards were meant to imply impending violence upon the families of AU administrators is a complete overreaction and not based upon any reasonable facts. The Holiday cards have no direct nor implied threat, nor sense of what is being threatened. Both sides in bargaining have a full right to send mail to one another over bargaining, provided the bargaining teams are not circumvented.
Mafia-esque is a potentially defamatory claim, as it compares us to a criminal organization. We are a strong union who will protect and advance our rights, but in a manner that is both legal and transparent. Union pressure tactics are uncomfortable (that’s the point), but they are permissible and normal as they are the basic form of leverage in negotiations.
Bad Faith
Although the key issue in the ULP is the Holiday cards, the complaint in general is about bad faith bargaining, alleging that AUFA has no interest in signing a deal and instead wishes to strike for its own sake. Considering the Holiday cards relate to our request for AU to table its full monetary offer, this is a nonsense argument. Furthermore, the cards do not come from our Bargaining Team but rather the Job Action Committee who have distinct roles. This is not an attempt to bargain, as AU alleges, but a pressure tactic on the administrators and counsel who direct bargaining.
AU’s assertion that AUFA intends to strike no matter what is untrue. Many blog posts and town halls have underlined that strike preparedness is required for effective negotiations, but that we are negotiating towards a deal, not a strike for its own sake. A strike for no reason is also an impossibility as a strike is a vote by the entire AUFA membership, not something willed into existence by AUFA executive. As communicated repeatedly, JAC’s job is to get us into a strike-ready position while the Bargaining Team tries to get a deal. If we do not have a strike ready position, our Bargaining Team will lack the support and leverage they need to get that deal. Organizing for successful job action takes years, and failure to do so would be negligent.
Summary
None of this would be necessary if AU would drop its concessions-only approach to bargaining. For the past decade every proposal from AU has involved wage freezes or cuts and massive erosion of our protections and rights (particularly for professionals). In order to get a deal, our only approach is to apply escalating pressure with a potential strike at the end. The pressure is uncomfortable, but it is also uncomfortable to work for bosses who so flagrantly disrespect their staff.
Athabasca University is a tremendously successful university not despite us, but because of us. Investment in AU staff is an investment in AU itself, and happy staff who have strong rights and protections will improve the university in turn. They need us, and we are done being a piggy bank they can try to smash every three years.
David Powell
AUFA President