Bargaining Update: Mediation Fails After Employer Makes Mockery of Process
AU and AUFA met in formal mediation with mediator Mark Asbell on March 8. Mediation concluded at the end of the day without a mediator’s recommendation. This blog post explains what happened, why mediation ended, and what happens next.
The parties met with the mediator at 9:00 am. After introductions, the mediator met with each party separately to discuss “hills to die on” and outstanding issues where movement is possible. This is a normal part of the mediation process and the basic goal is to find common ground as a means of moving negotiations forward in a productive way.
For its part, AUFA made clear AU’s withdrawal of damaging language aimed at undermining the rights of professionals remains an AUFA priority. We also stressed that a fair wage settlement, reasonable language around designation, and AU’s withdrawal of language limiting Research and Study Leave (RSL) leave for both academics and professionals were equally important for members. In keeping with the normal “give and take” of the mediation process, AUFA also indicated areas where we were open to discussion, including cost-of-living adjustments (COLA).
Mid-morning the mediator informed AUFA that AU was preparing a “full proposal” for our consideration and requested AUFA give them a couple hours to complete that work. Even though AU had already had almost a full week to prepare a counter-proposal, we agreed. A couple hours turned into almost eight hours.
At almost 5:00 pm, AUFA was informed of the “new” proposal. The proposal was nearly identical to their February 28 proposal except for a handful of minor changes to appeal processes and equity language. The proposal includes the elimination of professional RSL and the “buy-out” for pennies on the dollar. It had the same severe concessions with no movement on academic RSL, professional lay-offs or COLA. None of AUFA’s substantive proposals were considered.
It was conveyed to AUFA this was “their last proposal”.
The AUFA bargaining team deliberated on this unfortunate turn of events. We had fully been expecting at the very least a serious AU effort at reaching a mutually satisfactory deal. What we were left with instead was a wasted day and a Board proposal not materially different from its previous proposal.
AUFA came into mediation serious about trying to find an agreement and communicated that clearly to the mediator. In deliberations, AUFA came to the conclusion that AU entered mediation with no intention of finding a deal and used the day to waste time and frustrate all involved. In short, AUFA decided that AU was making a mockery of the mediation process.
While AUFA had booked the rest of the week to devote to mediation, we now believe AU was not serious about finding a solution. With that realization we requested the mediator step away and report that no mediated agreement was possible. Once the mediator issues that report, formal mediation concludes.
It is the bargaining team’s belief that AU is trying to force a strike in an effort to bust the union. We do not want a strike, but will take the steps we need to protect the interest of AUFA members.
The next step is a 14-day cooling off period, where neither party can take any further steps under the Labour Relations Code (although bargaining is allowed to continue). The parties have set aside time for mediation this week and we have two days of bargaining scheduled for next week. Despite our disappointment, AUFA continues to want to move bargaining forward, so the bargaining team will assess our next steps.
During the 14 days, AUFA can can take steps to apply for a strike vote of members. AU can also move towards a Board vote to lock-out AUFA members. After either vote, the parties must give 72 hours’ notice to activate a strike or lockout. Bargaining can continue throughout.
In the coming days AUFA will offer further communications about next steps and set up a town hall to discuss the state of bargaining.
Jason Foster, Chair
AUFA Bargaining Team