Bargaining Update: Small Moves But Huge Gulf Remains
On February 28, the AUFA and AU bargaining teams met for a day of regular bargaining in advance of formal mediation. AUFA’s decision to apply for formal mediation seems to have had an impact, as AU came to the table much more focused and with a different tone.
AU presented a full “new” package for consideration. Most of AU’s package remains unchanged from their January 31 position, but there were a few significant changes. This post offers the highlights of the new package. The committee will provide a fuller analysis following another day of bargaining on Wednesday, March 2.
It is noteworthy that AU’s offer was made without prejudice, meaning AU can withdraw this offer at any time and revert to it January 31 position. This is a common bargaining tactic to allow the parties to explore settlement without committing a new position. A party can also use this tactic to apply pressure. For example, if AU and AUFA make progress at the table but then come to impasse, AU can threaten to return to its January 31 position in the hope that AUFA will knuckle under to avoid losing any progress towards an agreement that was made.
AU’s January 21 proposal was for four years of no COLA increases. The February 28 offer saw AU alter its cost-of-living adjustment (COLA) proposal. AU’s proposal is now:
July 1, 2020: 0%
July 1, 2021: 0%
April 1, 2023: 1.25%
December 1, 2023: 1.5%
An additional 0.5% applied February 29, 2024, retroactive to December 1, 2023, if forecasts for Alberta GDP are above 2.7%
AU’s new proposal matches the agreement AUPE signed for its core government services members and is similar to Mount Royal’s agreement. That said, Mount Royal also made some financial gains in other areas amounting to approximately an additional 1% in members’ pockets (a fuller analysis of the MRU deal will follow later this week).
AU also doubled down on its proposal to make professional staff ineligible for research and study leave (RSL). AU has added a proposal promising to make a one-time payment to professional staff to sign-away their accrued leave days (earlier they promised to honour those accrued days).
Specifically, AU is proposing a one-time payment to each professional who has accrued days owed. They have allotted $2.1 million for this payment. Currently, they propose an equal payout to each eligible member, which amounts to between $8000 and $10,000 (depending upon how many eligible members there are). This proposal expires March 31 if no tentative agreement is reached.
This proposal is a classic employer strategy of dangling short-term cash in trade for a long-term loss. The time limited nature of the offer also suggests it is a pressure tactic to force a quick deal. The AUFA bargaining team believes this offer significantly shortchanges professional members over the long term. At present, professionals earn 2 months of research and study leave entitlements (at 80% of salary) for each year of service. This means a professional with an annual salary of $80,000 would earn roughly $10,666 in RSL leave entitlements each year.
Other changes to AU’s proposal include:
AU has tabled specific language to Article 3, which addresses academic appointment, tenure and promotion, and determination of duties. The changes are sweeping and include merging the tenure and promotion processes, and establishing a university-wide Faculty Evaluation Committee mandated to review tenure and promotion applications. AU’s proposal institutes a much more detailed set of criteria for tenure and promotion. They also create a separate tenure process for Academic Coordinators and weaken provisions around determination of duties.
AU has offered to withdraw their proposals to amend Article 11, Academic and Professional Freedom, and have resorted to the status quo.
AU has offered to accept much of AUFA’s proposal regarding compassionate leave for dying or serious ill family members. They have accepted an extended leave of 27 weeks (which matches current legislative provisions), but still restrict it to risk of death. AUFA will continue to push for a broader scope.
AU has offered to withdraw proposals regarding external professional activities, agreeing to maintain status quo.
AU has also offered to withdraw a proposal for new language allowing for temporary lay-off of professional staff.
Again, keep in mind this “progress” can be undone at any point because AU has made its offer on a without prejudice basis.
As mentioned, the bulk of their new package retains their existing positions on key issues. AU continues to demand significant concessions from professional staff, including exclusion from RSL leave, stripping access to appeal processes, weakened layoff provisions, and undermining probation review processes. They also retain their cuts to academics’ RSL provisions and continue to reject proposals to improve equity provisions in the agreement.
The parties meet again on Wednesday March 2, where AUFA will present its own renewed full package in an effort to find a deal. Formal mediation is slated to start next week.
On behalf of the bargaining committee,
Jason Foster
Bargaining Committee Chair