Bargaining Update: Tentative Agreement Reached

After another marathon day of mediator-assisted bargaining, AU and AUFA have reached a tentative agreement. Employer concessions contained in this new agreement no doubt reflect AUFA members’ strong rejection Monday of AU’s last ‘final’ offer. As a result, the AUFA bargaining team is recommending members vote to ratify this agreement. 

 AUFA is holding a town hall today at 2:00pm to discuss the substance of the tentative agreement, as well as what AUFA’s next steps might look like. In the meantime, this blog post provides a summary of the tentative settlement’s key items. For reference, the entire tentative agreement is attached below.  

2022 04 07 PROPOSED MEMORANDUM OF SETTLEMENT (Tentaive Agreement) (00160919).pdf

The agreement uses the mediator’s report as the basis for most of the agreement. Most items in that report remain unchanged, including: 

• Cost-of-living-adjustment:  

  • The Government-mandated COLA increase of 1.25% (April 1, 2023), 1.5% (December 1, 2023) and an increase of 0.5% (retroactive to December 1, 2023) contingent on provincial gainsharing formula remains unchanged. This 3.25% COLA increase over the life of the contract appears to be pattern across most of the Alberta public sector. 

• Working-from-home allowance payments:  

  • Anyone who has not received the full $2000 for home office start-up will receive a ‘top up’ to make up the full $2000;  

  • Home-based staff with six years of service (and who received $2000 upon hiring) will receive an additional taxable $800 immediately. 

  • All AUFA members will receive an increase to their monthly allowance for internet and other office-related expenses from what it had been (roughly $61 per month for academics and roughly $50 per month for professionals) to $35 biweekly. 

• Joint committee to study Article 3: Academic Promotion and Tenure 

• Improvements to Compassionate Care Leave  

• Improvements to Occupational Health and Safety language 

• Language to include Joint Equity Committee in development of EDI framework and pay equity review 

• Withdrawal of employers’ outstanding concession demands 

The main changes in the tentative agreement relate to Research and Study Leave (RSL) benefits for Professional members. The proposed agreement removes Professionals’ eligibility for RSL going forward, with the following conditions: 

• No RSL days will be accrued going forward. New hires will not be eligible for RSL. Approved RSL leaves will be honoured. 

• Professionals will earn 30 days professional development leave per year (up from 21). Twenty-one days can be accrued per year to a maximum of 126 days (6 months). 

• Members can apply for leaves up to a maximum of six months. Members will need to apply for leaves longer than 21 days under new language that replicates the current process under RSL Leaves. If denied once, a second application will be given priority and not unreasonably denied. 

• Professionals with more than six months leave accrued will retain that leave, with no deadline on usage. Until their accrual drops below six months, they will only receive 21 PD days per year without accrual.  

• When a professional has fewer than six months RSL accrued, the leave will be converted to PD leave according to the formula in Schedule F and added to their PD bank. 

• Librarians will continue to be eligible for RSL. 

For clarity: in return for giving up RSL leave going forward, professionals will earn an additional 9 days of PD per year and will be able to accrue up to 21 days per year to a maximum of 6 months. Current RSL accruals above 6 months will be retained and others converted with a formula equivalent to receiving 100% pay for RSL leave. 

The bargaining committee recognizes this deal does not provide a full return for professionals on the value of their RSL entitlements. It does, however, provide more than the original mediator’s report in that it retains accrued leave at full value and provides professionals with 9 additional PD days per year going forward. This equates to a value of 3.6% of annual income. 

AUFA’s bargaining team is recommending this deal because we believe it is the best that can be achieved under current circumstances. The provincial government’s secret mandate has seriously undermined the basic integrity of the bargaining process, and severely limited what can, and cannot, be achieved at the table. This is especially true in terms of matters involving money. 

As always, of course, any final decision on whether to accept this tentative agreement rests solely in the hands of AUFA members. This is, after all, your collective agreement, and AUFA’s bargaining committee works for you.  

 On behalf of the Bargaining Committee, 

Jason Foster 

Open letter to Dr. Peter Scott and AU’s Executive Team

Dear Dr. Peter Scott and members of AU’s Executive Team,

As you are likely aware, collective bargaining between AU and AUFA has not been going well.

We fully respect that you are maintaining distance from the process to allow AU’s bargaining team to represent the employer’s interests at the table. However, the current context does suggest that some direction from the Executive Team may be necessary to bring this extended conflict to a mutually satisfactory conclusion.

Specifically, there are significant contextual factors that are important to highlight.

AUFA members want a fair deal

AUFA members recently rejected a mediator’s proposed settlement by 77%, with 91% of members voting. This sends a strong and clear message that the concessions AU has been seeking in this round of bargaining are simply not acceptable.

No one is looking forward to a strike or lockout that could entail significant disruptions for learners. But AUFA members have also demonstrated that they are not willing to accept significant concessions that would erode working conditions, collegiality, and student experiences over time. Despite previous framing of AUFA as the aggressive party in this dispute, AUFA members are fully aware that our true position is that of defending valued protections and benefits from an unnecessarily aggressive employer.

Not all our members agree on every issue—that is the nature of a democratic organization—but our ongoing engagement efforts have revealed some clear themes that provide important context for determining what a fair deal might look like in this context.

We want to be excited about the future of AU

Our members have told us they believe deeply in the mission of this university. The strongest consensus that has emerged from our consultations is that we care about students and about learning. We want to be excited about our work. We want to be innovative, creative, and rigorous. But we feel blocked by a combination of factors and forces.

The most common concern is that our members feel overwhelmed by work and stripped of agency. Professional members affected by reorganization and major change initiatives feel they are denied the chance to do their best work. Academic members worry about the erosion of collegial governance while pressure increases a sense of precarity, especially for those newer to AU. Our members tell us key decisions are made in ways that shut out our expertise, experience, and enthusiasm.

We don’t oppose change and transformation, but it matters how that change happens. We don’t want to feel bullied, belittled, or ignored. We want you to listen to our feedback—really listen—and meaningfully include us in decision-making processes.

AUFA members are realizing that the process of collective bargaining offers a rare chance to assert our own agency. We don’t have to passively accept negative changes to our working conditions. Instead, we can demand the respect we deserve. We have heard from many members who suggest that they don’t want to strike but they will if necessary.

It’s about more than the language on the table

We all know this round of bargaining doesn’t exist in isolation. Our collective agreement has a long history and context and is intertwined with other aspects of our work environment.

There are a wide range of management decisions that influence how we feel about what’s going on at the bargaining table. There are many examples of this, so we’ll only name a few.

• The IT Optimization project was a really negative experience for most of our affected members, many of whom continue to feel devalued and stripped of agency.

• Top-down decisions affecting members in the Faculty of Health Disciplines, in particular, have combined with the pressures of educating front-line workers throughout the pandemic to create significant stress and erode morale.

• Many members have experienced the Near-Virtual initiative as stressful and contradictory.

• Many members have expressed concern about the lack of consultation and transparency during the implementation of the Integrated Learning Environment.

• We routinely field calls from members looking for clarification and support with navigating AU’s own processes, including significant concerns about a lack of support from HR with basic employment needs and an unnecessarily adversarial approach to labour relations.

• Members continue to feel anxious about AU’s threat to de-designate them from the union.

These experiences illustrate why we see a clear signal in our surveys that our members have extremely low levels of trust in AU’s leadership. Trust was already low when we started the surveys during Dr. Neil Fassina’s tenure, and it has only dropped since. In November 2021, only 15% of members surveyed said they agreed with the statement, “I trust the executive team of the university,” while 58% said they did not. AUFA members are not alone in this. Many AUPE and CUPE members have shared similar frustrations.

This low level of trust affects how we interpret communications from AU. Many members describe feeling insulted or outraged when reading AU’s communications, even on topics unrelated to bargaining, and have described it as incomplete, misleading, or disingenuous.

To be clear, this is not a reflection of the way our members who facilitate AU communications do their work. Rather, this reflects frustration and even exasperation with the lack of meaningful, transparent, and timely communication shared by AU’s top leaders.

It’s important for you to understand that our members have learned over the years to be suspicious or skeptical of the information and spin offered by AU’s leadership. What this means is that platitudes and vague promises won’t win our trust back. We need concrete and tangible actions.

You have the power to change course

The AUFA executive and volunteers will keep listening to AUFA members. In the past few weeks, we have heard that many members feel distracted and demoralized, and that most would very much appreciate an end to this lengthy battle. But our members are also focused on safeguarding and advancing valued protections and benefits.

It is clear that the university is the body with the power to change course. You have the opportunity to set a new tone that foregrounds respect for the workers of this university. You have the chance to open a new chapter of improved labour relations and increased collegiality. Give us all—our members, our colleagues, and our students—the chance to look to the future of AU with renewed optimism and energy.

We ask that you send a strong signal that you are ready to acknowledge, respect, and value the work we do. It’s time for you to demonstrate that you’re prepared to empower us to do our best work in service of our shared mission to remove barriers and increase equality of educational opportunity for adult learners worldwide.

Respectfully,

AUFA Executive and Members

This letter, with 130 AUFA members' signatures included, was delivered to Dr. Scott and the AU Executive on April 5, 2022. We are hopeful this will help to encourage the employer to take a different approach to bargaining than we've seen over the past several months.

AUFA members vote to reject mediator's proposal

Yesterday AUFA held a ratification vote on the mediator’s recommendation coming out of the last several bargaining days. 77% of members voted to reject the mediator’s recommendation, with 91% of AUFA members voting. This sends a powerful message to both bargaining teams that AUFA members want a better deal. The employer team now knows they cannot present deals like this one and hope for ratification.

Notably, there was extensive collegial discussion between AUFA members over the politics of the vote and reasons behind a yes or no. This remarkably high level of engagement also sends a strong signal that members are making informed and thoughtful decisions. The AUFA Executive met to discuss next steps, which are as follows.

Continuing Bargaining

The rejection of the mediator’s report puts both bargaining teams back to original proposals. As such there is currently no current offer from the employer to review. It is imperative that both teams get back to the table soon to negotiate a fair deal for AUFA members. AUFA’s bargaining team is ready to meet and is hopeful that the AU team will not revert back to the significant delays that characterized the first 11 months of bargaining. AUFA members have been without a contract for 638 days, and we are all anxious for an end to this upheaval. 

Strike Vote

AUFA had originally scheduled a strike vote for March 29, but we rescheduled this to allow for the ratification vote to proceed. With the report rejected, AUFA’s strike vote is now scheduled to take place next Monday, April 4th. In the AUFA Executive’s recommendation letter, it was noted that we would likely go ahead with a strike vote should the deal be rejected. This is the action we are taking, with a significant caveat outlined at the end of this post. Members are likely wondering why we would go ahead with the strike vote if our goal remains to find a deal at the table.

There are a few reasons:

• As many members identified in the email discussion around the ratification vote, strong strike votes offer significant additional leverage for the AUFA bargaining team. A solid strike mandate means that not only are members unsatisfied with the mediator’s proposed settlement, but they are also willing to back this up with a strike if necessary.

• While it may seem like an aggressive move, a strike vote at this point is actually still very defensive. Because of the different timelines involved for strike and lockout votes, there is a very real risk that the employer could lock us out before we are able to organize a new strike vote. If we are locked out but not in a position to strike in response, the employer might be able to impose much worse terms than the settlement members recently rejected. Having a strike mandate in hand would set us up to respond much more effectively if the employer took this type of action. (We hope they won’t, but it’s always better to be prepared!)

• A labour board supervised strike vote is a requirement for a legal strike, but the mandate lasts for four months. That is, a strike is not inevitable after a strong strike vote. Paradoxically, it can often mean that it’s less likely because the employer might be convinced to move to a better deal for AUFA members if it is facing a much more real risk of a work stoppage.

• If the employer does not lock us out and meaningful bargaining does resume, the AUFA executive has committed to polling the members again if we think that it is necessary to move toward calling a strike. This is above the minimum requirement by the labour board but it’s an important step to take in recognition that things can change very quickly. We will want to follow the membership’s lead!

However, if AU is willing to return to the bargaining table soon and provide assurances against a lockout in the near future, the AUFA executive is willing to further postpone the strike vote. This offer will be communicated to the AU bargaining team.

If AU agrees to these terms and the bargaining teams can reach a fair deal, another settlement recommendation will be brought to the members for ratification. If the employer continues to maintain a bottom line that is unacceptable, AUFA will seek a strike vote. If, however, AU does not agree to both more bargaining dates and assurances against a lockout, the planned strike vote on April 4th will proceed.

Engagement and Preparations

As we have communicated previously, the possibility of a strike or lockout remains quite real. Because this would be our first work stoppage and possibly the first virtual strike ever, it’s important that we continue logistics preparations for a potential strike. Again, this is not because a strike is inevitable or desired; it’s simply out of prudence to be as prepared as possible.

So, later today an election will be circulated to populate two elected strike committees that would assist with financial aspects. While these committees would only be active during a strike, establishing these in advance will allow them to function more effectively in support of members.

The Membership Engagement Committee will be exploring additional ways to build on the extremely high levels of engagement witnessed over the past few days. In the meantime, we are still seeking volunteer callers to help reach out to members one on one to check in and understand more fully where folks are at. Contact Rhiannon Rutherford if you would like to volunteer or learn more about these calls.

On behalf of the AUFA Executive, I wish to extend my sincere thanks to all AUFA members who participated in this vote and the discussions surrounding it. We are committed to making this process as democratic and participatory as possible. This is a difficult time, but I’m confident that we can come out of this stronger and ready to refocus on making this university the excellent and respectful place it should be.

In solidarity,

David Powell
AUFA President

Bargaining Update: Mediator Issues Report

After three days of mediation (March 11, 17 and 22), the mediator has issued a report to the parties with recommendations for a possible settlement. The AUFA bargaining committee has decided to forward the report directly to AUFA members for their consideration. A vote on whether to accept the report will be held on Tuesday, March 29 in lieu of the planned strike vote. There is a Town Hall on Friday, March 25 at 2 pm to discuss the report and next steps. 

Significantly, AUFA’s bargaining team is not making a recommendation to members on whether to accept or reject the report. Instead the bargaining team has elected to remain neutral during the voting process. The decision to hold a vote on the report is anchored in AUFA’s broader commitment to democracy, and to AUFA members’ right to make the decisions that will shape what is, ultimately, their collective agreement. 

This blog post outlines the key recommendations in the mediator’s report. The Town Hall will provide further analysis of the recommendations. Members can find a copy of the mediator’s report here.

Wages and Allowances 

The mediator is recommending the same cost-of-living (COLA) settlement seen at other universities: 

• July 1, 2020: 0% 

• July 1, 2021: 0% 

• July 1, 2022: 0%  

• April 1, 2023: 1.25% 

• December 1, 2023: 1.5% 

• An additional 0.5% retroactive to December 1, 2023, payable in February or March 2024 subject to a “Gain Sharing Formula” linked to provincial GDP growth 

AUFA members will also receive enhancements to their working-from-home allowances: 

• Members who have not received $2000 for home-office set-up will be paid the difference between what they were paid and $2000 (e.g., members who received $1000 will receive an additional $1000). This payment is taxable. 

• Academic staff members who previously received $2000 for office set up and have been employed for at least six years shall receive a one-time taxable $800 payment for home office expenses. 

• Going forward all members required to work from home will receive $35 biweekly for printer and internet expenses (up from $61/month for academics and $25/biweekly for professionals).  

Research and Study Leave (RSL) 

Professionals, except librarians, will no longer be eligible for RSL as of the date of ratification. Professional members who are currently on RSL or have RSL approved will have their leaves honoured.  

Going forward, professionals will be allowed to carryover their annual entitlement of 21 days of PD leave to a maximum of 84 days (i.e., the equivalent of 4 years of PD entitlement) and will be able to request leaves up to that maximum. 

Professionals will have two options for dealing with accrued Research and Study Leave entitlements: 

• Option One: Unused RSL leave can be surrendered in exchange for a one-time payment of $10,500. Any unused Professional Development days dating back to 2020 shall be returned to the member’s PD bank. 

• Option Two: Members convert accrued RSL leave to PD leave up to a maximum of 12 months at 100% salary (using the conversion calculation in the current collective agreement). They will be allowed to request leaves up to the amount in their PD leave account. Carryover of PD days will not begin until the member’s account drops below 84 days (i.e., members will continue to earn PD days, but cannot carry them over at the end of the year). 

Employer proposals regarding academic RSL are withdrawn and the status quo remains.  

Other Provisions 

Employer-sought concessions regarding discipline (Article 7), grievance procedure (Article 8), appeals (Article 9), position reduction for academics (Article 12), layoffs for professionals, and probation review for professionals are withdrawn. In all cases, existing language remains. Small changes are made to professional position evaluation review, but members retain the right to appeal decisions under Article 9. 

The mediator recommends establishing a joint committee to review the current academic tenure and promotion process (in Article 3) to make recommendations for the next round of bargaining.  

Some recommendations address AUFA concerns in bargaining, including: 

• Enhancing occupational health and safety language (Article 25). 

• Reforming the Joint Benefits Committee to make it more effective in addressing AUFA members’ benefits concerns. 

• Extending unpaid compassionate care leave to 27 weeks and expanding eligibility to include circumstances of “grave illness”. 

• Inserting language in Article 3 to allow Indigenous Elders and knowledge holders to be recognized as eligible external reviewers for promotion applications from Indigenous academic members. 

• Including a new letter of understanding that involves the joint employment equity committee in an advisory capacity in the development of AU’s equity, diversity, and inclusion action plan and in an employment equity review process. 

• Both parties agreeing to abide by the Labour Relations Board decision regarding the status of Deans in the bargaining unit.  

Vote Results and Next Steps 

The results of the March 29 ratification vote will determine the next steps of the process.  

If members vote to accept the mediator’s report, then it will be considered a ratification of a new collective agreement, bargaining will come to an end, and the provisions in the report take effect as part of the collective agreement.  

If members vote to reject the report, then the parties will return to the bargaining table. The parties are free to bargain directly or continue to use the services of the mediator. Each party will revert to their previous positions before mediation. The mediator’s recommendations may or may not be considered in future bargaining.  

On behalf of the bargaining committee, 

Jason Foster 

AUFA applies for strike vote

After consulting with the bargaining team, AUFA’s executive has applied to the Alberta Labour Relations Board to hold a strike vote. The online vote is scheduled to take place between 9 am and 9 pm on Tuesday, March 29. 

This announcement to the membership was slightly delayed because AUFA’s bargaining team agreed to suspend strike communication on March 18 in order to gain the employer’s agreement for further mediation today.  

The Executive will be holding membership townhall meeting to provide a bargaining update and discuss the strike vote. 

How we got here 

In February, AUFA applied for formal mediation after 11 months of unproductive bargaining. Formal mediation began and ended on March 8. This started a 14-day cooling-off period before a strike vote could be held. 

The bargaining team has continued bargaining (with a different mediator) on March 11, 18, and 22. The parties agreed to not disclose the substance of their discussions during mediation. No agreement has yet been reached. AUFA’s team remains ready to bargain to achieve a fair deal. 

The employer’s past behaviour suggests that AU makes significant moves only when AUFA applies significant pressure. For example, AU only presented a full offer in January (after 10 months of bargaining) when AU was faced with a Labour Board hearing over a complaint that AU was bargaining in bad faith. AU only moved to propose a pattern cost-of-living offer after AUFA filed for formal mediation on in February. 

AUFA members’ 85% rejection of AU’s March 8 offer has not yielded a subsequent offer from AU that AUFA’s bargaining team thinks is worth presenting to the membership. The AUFA Executive is of the opinion that a successful strike vote may provide the pressure needed to get a fair deal from AU. 

How a strike vote works 

A strike vote is an online vote (just like any other AUFA vote) that is supervised by the Labour Board. It asks members whether they would authorize a strike (yes or no). Once the vote has been completed and certified by the Labour Board (and assuming a majority of voters authorize a strike), AUFA’s executive is then able, any time in the next 120 days, to give AU 72 hours of notice of a strike beginning.  

A successful strike vote does not necessarily mean strike notice is immediately served (although it can be). Typically, a successful strike vote results in further bargaining as the employer confronts the possibility of an actual strike. 

To maximize the employer’s incentive to bargain a deal, unions seek the strongest possible ‘yes’ vote. This shows the employer there will be real consequences if they employer refuses to negotiate a fair deal. 

What you can do to show support the bargaining team   

The biggest thing you can do is to vote ‘yes’ to authorize a strike. This sends a clear message to the employer that their refusal to sign a fair deal will have consequences. This gives the bargaining team leverage to negotiate a deal before a strike. 

Things you can do today include changing your Office 365 profile image to the We Are AU + We Are AUFA image below. This visually demonstrates your support for the bargaining team. Right click on the image below and save it to your computer. Then follow these instructions to substitute the image in place of your regular profile picture.

Instructions for changing your image in Microsoft Teams can be found here.

You can also save the MS Teams backgrounds below to your hard drive and follow these instructions to make them available as a virtual background option in Teams. Your new MS Teams background will appear backwards (i.e., mirror image) when you activate it. Don’t worry, other people will not see this ‘mirror’ view. 

I hope to see you all at the townhall later this week. Please keep your eyes peeled for more information about AUFA strike plans over the next few days. 

In solidarity, 

Dave Powell 

AUFA President 

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

Bargaining Update: AUFA Presents Counter-Proposals

AU and AUFA met for a part day of bargaining on March 2, as AU representatives were unable to make themselves available for much of the afternoon. AUFA used the limited time to present its own package of counter-proposals in an effort to move toward a fair deal. This update provides highlights of AUFA’s proposals. An analysis of where things stand as we move into formal mediation next week will come in the following days.

AUFA continues to reject the list of concessions demanded by AU, including reductions to professionals’ rights, cuts to research and study leave, the removal of Deans from the bargaining unit, and negative changes to grievance and appeals processes. Our new package reflects this stand.

AUFA made a counter-offer on the cost-of-living adjustment (COLA). AU’s proposal on Monday offered the settlement given to AUPE (2.75% to 3.25% provided late in the contract).

AUFA’s new COLA offer is:

• July 1, 2020: 0%

• July 1, 2021: 0%

• July 1, 2022: An average of 2.5% increase to base salary awarded as flat dollar amount per-member, pro-rated for FTE.

• July 1, 2023: An average of 2.5% increase to base salary awarded as flat dollar amount per-member, pro-rated for FTE.

AUFA’s COLA proposal is designed to increase equity among all AUFA members. If COLA is distributed as a percentage, as it has been for years, then members higher up on the wage scale receive a larger wage increase in real dollar terms than do those lower on the wage scale. For example, a 2.5% COLA for someone earning $75,000 equals $1,875. For someone earning $150,000, that same percentage increase equals $3,750. In contrast, AUFA’s proposal ensures that each AUFA member receives a COLA of approximately $2,600 in each of the last two years, based on AUFA members’ current average salary. AUFA’s proposal is meant to correct the inequities inherent in AU’s tendency in recent years to lowball new hires on starting salary.

AUFA’s latest proposals maintain our existing requests expanding appeals rights to disputes over workload and performance, securing fair work-from-home allowances and improvements to equity language, creating four floating vacation days, and ensuring protections against the de-designation of AUFA members. We also renewed our call for a joint pay equity review process.

Finally, AUFA amended its proposals for stronger occupational health and safety language and new contracting out language. Both remain on the table for discussion.

AUFA’s package did not include a counter-offer to the employer’s proposal on tenure and promotion processes (Article 3). AUFA is still deliberating on its response to that item.

AU has not yet responded to the package. The parties enter formal mediation on March 8.

On behalf of the bargaining committee,

Jason Foster

Chair

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