Bad faith and negotiations
Labour law requires that both parties make every reasonable effort to reach a collective agreement during contract negotiations. This prevents situations where an employer can simply refuse to deal with a union they don’t like. If one party believes the other is not negotiating towards a signed contract, they can file an ULP complaint with the Labour Relations Board, alleging bad faith. The Labour Board can then compel remedies.
As we reported in the last post, Athabasca University’s bargaining lead disregarded AUFA’s demand to bargain monetary proposals first, and decided to begin bargaining with AUFA by insisting that both parties discuss and settle all non-monetary proposals before moving to monetary language. AU has also insisted that AUFA cannot discuss any of its own monetary proposals. This lead to AUFA concluding the August 20th bargaining session, indicating the parties could meet when AU tables its full proposal. AU then filed an ULP. This week, AUFA filed its own ULP against AU. Where AU argues that AUFA is refusing to meet, AUFA argues that AU is placing unreasonable pre-conditions on bargaining.
AU asserts that it is a custom to withhold monetary until a later point in bargaining, and that this is a standard practice in Alberta. This is not the case. AU has only refused to table monetary once in the past, which was the last round starting June 2020. After six months of AUFA requesting the offer, AUFA filed a ULP complaint while AUFA members made their frustrations known. AU then tabled its full monetary offer in January 2021.
AU’s full monetary contained substantial and important language changes, which were not telegraphed in advance. This changed the character of negotiations, leaving the AUFA team feeling like the first six months were largely wasted time. AU’s non-monetary language this round is almost entirely retreads of past language, which may indicate more substantial language is in their hidden monetary package.
In 2018, AU opened with its full proposal. Prior to that, faculty associations bargained under different legislation. This does not establish a custom. Withholding monetary is also not a standard across Alberta. Contract negotiations vary by workplace with a mixture of full monetary, some monetary, or withheld monetary varying by union. AU’s appeal to tradition or standards is not factual, and the lack of a full proposal from the employer puts AUFA at a disadvantage.
Low offers across Alberta: AUFA aims for better
Across Alberta, public sector employers have been offered 7.5% increases across four years (2%, 2%, 1.75%, 1.75%). This is a shockingly low number that will amount to a massive pay cut when compared to the substantial rise in the cost-of-living. AUFA is proposing a $25,000 increase and further increases tied to the Consumer Price Index, to offset skyrocketing cost-of-living in an equitable manner. Our members have decided this is a fair number and we are demanding this.
AUFA's bargaining team feels that we need the full picture to negotiate the best possible deal for members. But we also want to be guided by the membership in how we navigate the next steps. A survey will be circulated soon by the Engagement Committee with related questions; members are encouraged to respond.
The AUFA Bargaining Team