Spring survey results: Continued distrust in AU executive and strong strike threat

In June, volunteers with AUFA’s Membership Engagement Committee (MEC) completed the sixth membership engagement survey. This survey included the usual climate questions as well as explored issues related to the recently concluded round of bargaining, the jobs in Athabasca issue (which has since become a significant issue), and AU’s implementation of Netskope surveillance software on members’ computers. 

This iteration of the survey was delayed from the targeted April/May timing, which likely impacted response rates. Eighty-two randomly selected members (just under 20% of the membership) completed the call-based survey, with representation across departments and employee types. 

Climate Questions 

Survey callers asked four recurring questions on the general climate at AU. Overall, members report continued distrust in the AU executive, while AUFA’s work is broadly supported. There is an interesting discrepancy between the 39% of members who reported high morale compared to 77% who reported enjoying starting work in the morning. This likely reflects members’ appreciation for the work they do while also reflecting their frustration with their working conditions. 

Looking further at the question of trust in AU’s executive team, there was a slight increase since the last survey (in fall 2021), from 15% to 20% expressing trust, which is still far below the highest rate of 30% who agreed with this question in the very first survey (in fall 2019). There were no clear trends in terms of which member groups are more or less likely to agree or disagree. For example, when analyzing responses based on length of service, new hires reported around the same level of distrust in executive and trust in AUFA as longer-serving staff. 

In the comments provided by members regarding AU’s executive, most expressed strongly negative feelings, with the following emerging as themes: 

• feelings of being mistreated, belittled, or disrespected by the employer  

• dissatisfaction with the communication and information provided to faculty and staff 

• perceptions of mismanagement, ineptitude, or hidden agendas 

• perceptions of a lack of understanding of the university’s culture and values 

• desire for following through with a vote of non-confidence in the current executive 

In terms of factors contributing to these feelings, the employer’s opening position in bargaining featured prominently. Members also spoke about how the various reorganizations at AU—including the IT reorganization and the near-virtual transition—have been and continue to be handled poorly, which is negatively affecting morale.  

Contract Negotiations 

Having narrowly avoided a strike this spring, MEC queried members’ willingness to have withdrawn their labour. The vast majority of members (88%) indicated were likely to have withdrawn their labour during a strike or lockout, with just 6% saying they were unlikely. This reponse suggests AUFA’s strike threat was a credible one. A credible strike threat enhances the bargaining power of the union. 

Members had mixed views about the final contract that was ratified. The largest chunk of repondents (44%) indicated they were “somewhat satisfied”; neutral and “somewhat dissatisfied” responses each received 22%. Very few members indicated they were either very satisfied (5%) or very dissatisfied (about 7%). This distribution of responses suggests that members are feeling rather ambivalent about the settlement.  

Survey respondents provided a wide variety of comments on the contract language, but the issue most members identified as concerning was (unsurprisingly) the loss of Research and Study Leave for professional members. Comments were broadly aligned with the discussion among members during bargaining, which includes broad, but certainly not unanimous, support for this benefit.  

In addition to the RSL issue, cost of living, inflation, and wages were frequently mentioned. Members broadly felt the cost-of-living adjustment was inadequate. Cost of home office was identified as needing to be addressed. 

Jobs in Athabasca 

As previously reported, a majority of respondents (73%) supported AUFA’s current position that, while no current AUFA member should be forced to re-locate, AU should make an effort to hire a portion of new staff to the Athabasca area. MEC also asked if AUFA should take a position on this issue at all, and a majority (67%) agreed that it should. 

Understanding that, as a union, we are often dealing with multiple priorities, MEC also asked about the relative importance of this issue. There was more disagreement on this question, with only 51% of respondents suggesting it was important that AUFA take a position. That is, there seems to be a portion of members (about 15–25%) who think AUFA should take a position and who agree with AUFA’s current position, but who don’t see this issue as a top concern. There were some identifiable differences when analyzing this question in more detail, so it’s worth taking a look at where some of this discrepancy comes from.  

There were some notable differences here when comparing new employees with those who have been at AU for longer. This issue is important to just 31% of employees who have been at AU fewer than 10 years, while 81% of those who have been at AU more than 20 years said this issue was important to them. 

It is also worth noting that support for AUFA’s position on this issue varies widely between faculties and departments, with the strongest support in FB, FHSS, and the IT department, and weakest support in FHD, FST, and other departments. 

Member comments were diverse. Some members noted that requiring candidates live in Athabasca may narrow the applicant pool unacceptably. Other suggested that candidates could be enticed to live in Athabasca through meaningful incentives.  

Some members felt AU’s primary role is to educate students, not contribute to the economy of Athabasca. Other members note that AU’s location was chosen for economic development purposes and there is no necessary conflict between providing online education while having a portion of jobs located in the Athabasca area. 

Other members were concerned that successive Boards and executives had mishandled this issue (primarily by ignoring it) and that the government was intervening due to political pressure. Some members suggested that the university executive should be expected to model a commitment to Athabasca by living in the Athabasca area, at least part of the time. Others suggested rethinking this issue in order to take advantage of the possibilities a rural campus offers.  

While a lot has happened since this survey was conducted in June, the AUFA executive’s open letter points to several ways in which this issue might be resolved in a constructive and mutually beneficial way.  

Netskope and Privacy 

Members were strongly in favour of AUFA taking steps to protect their privacy after AU installed surveillance software called Netskope on member computers without forewarning or data governance. 

Members’ comments provide many insights about their concerns with this program being used on their work computers, with some common themes: 

• It constitutes a breach of privacy. Members feel concerned about this being a breach to their right to privacy, confidentiality, and security in the workplace. 

• It creates a culture of mistrust between workers and the employer, as they feel not trusted and feel spied and surveilled by the employer. 

• Lack of transparency. Members manifested being concerned about not being properly informed on the reasons why this program is being used, about the data that is being collected, and about the implications that this may have for their privacy in the workplace. 

• It jeopardizes research participants’ right to security, anonymity, and confidentiality. Members who manage and storage research data collected among vulnerable populations (including Indigenous, racialized, and those with precarious legal status) think that the tracking of this information jeopardizes the security of research participants and their right to confidentiality and privacy, making researchers to incur in violations of research protocols. 

• Lack of informed consent. Members feel concerned about the fact that the decision to install a program to collects information was made on a top-down manner, without previous consultation, proper notice, or consent. 

• Insecurity in the workplace. Members fear that the information that is being collected can be used to punish those engaged in disputes with the employer. 

• Threat to safety. Members feel unsafe in the workplace, as they have no clear understanding of what type of information is being tracked and collected, and as they have no clear understanding if this information includes family/personal information. 

• It affects productivity and morale, as the feelings of being spied “all the time” discourages engagement with the job. It also discourages the search of information that can be seen as “suspicious” from the point of view of the employer. 

• There are no clear policies and rules governing the use of this software in the workplace. 

The AUFA executive is following up with the employer about the use of this software and the timelines for a privacy impact assessment, but have so far received no new information.  

The survey also asked members about their use of the AUFA website. This feedback has been shared with the communications committee and will help inform future work to improve the website for members.  

MEC extends its thanks to its volunteer callers as well as the members who took the time to answer the survey. The next MEC survey is planned for this fall. If you would like to be volunteer to help with survey calls, please email engagement@aufa.ca. 

Rhiannon Rutherford 

AUFA President

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.

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 

Professional and Practical Strike or Lockout Preparation

Last week, AUFA provided some basic information about making financial preparation for a strike or lockout. This week, we’ll be discussing how to prepare practically and professionally.

Any job action is preceded by the long series of steps outlined two weeks ago in our strike primer. Once either party is in position to trigger a work stoppage, you will still have 72 hours of notice of any strike or lockout.

Access to AU Systems

Typically, union members have no access to workplace technology during a work stoppage. It would be wise to prepare for the possibility that AU will disable access to our email, files, and computers.

Preparations might include moving any personal or research files to a data stick or non-AU computer, recording important contact information and calendar events, creating and sharing a non-AU email address with colleagues, and ensuring you have access to a non-AU phone.

AUFA has been collecting non-AU contact information from members. If you have not yet provided this information (or if it has changed), please send your information to aufahq@aufa.ca. During any work stoppage, AUFA will use this information to deploy a new member communication platform.

Physical Access to AU

Employers typically restrict workers’ access to the workplace during a work stoppage. When notice of a strike or lockout is issued, staff who normally work on campus may wish to remove their personal property from AU’s buildings.

Grants and Research Projects

AUFA recognizes that some members have time-sensitive obligations related to their grants and research work. AUFA will not interfere with the timely completion of such tasks. It is not clear whether AU will be similarly accommodating.

Consequently, it is worthwhile identifying upcoming deadlines and planning ahead for how you will meet them. This includes ensuring that research colleagues and granting agencies have a way of contacting you if AU suspends access to AU IT.

Notifying Colleagues

Many of us work with colleagues in other organizations. As a work stoppage approaches, it may be necessary to alert them of the work stoppage and that it may impact our ability to respond promptly or meet previous commitments.

Prior to a work stoppage becoming imminent, it may be useful to identify people you work with outside of AU who may be affected by your absence and/or inability to access your AU IT. When a work stoppage appears imminent, send them an email outlining that a work stoppage is looming and outline how this may affect them.

You may also wish to ask your colleagues to refrain from dealing with AU until the work stoppage is ended. Academics, for example, may wish to ask academics at other institutions to refuse to approve transfer credit from AU and stop suggesting students come to AU as visiting students until the work stoppage is concluded.

Discussing a Work Stoppage with Students

Students will be negatively affected by a work stoppage. Some will see delays in teaching and marking. Others will see delays in administrative processes. AUFA will be communicating with AUSU and AUGSA about the timing and impact of a work stoppage, but you may also receive queries directly for students.

Here are some basic talking points that may be helpful in these conversations with students.

• Faculty are seeking a reasonable cost of living increase to their wages after years of salary stagnation. AU has run operating surpluses almost every year for nearly a decade.

• Faculty are also seeking to maintain long-standing rights (e.g., professional freedom) and make improvements in the workplace (e.g., addressing historical inequities and unsafe workplaces).

• AU has not shown any receptivity to these legitimate requests. Indeed, the employer has not even seen fit to table a full offer of its own. This makes it impossible for faculty to bargain a new deal with AU.

• The impact of a work stoppage on AU students is unfortunate. Nevertheless, AUFA members must look after their own interests and those of their families. Students who are frustrated can contact the AUSU (ausu@ausu.org) or AUGSA (president@augsa.com) or AU President Peter Scott (pscott@athabascau.ca) to express their concerns.

• Students who have specific questions about how AU will operate during a work stoppage should consult the AU website or contact AU President Peter Scott (pscott@athabascau.ca).

The Job Action Committee hopes this brief overview will help you to begin practically and professionally planning for a possible work stoppage. We will continue to provide you more information about work stoppages as needs arise. Please direct any questions to Bob Barnetson (barnetso@athabascau.ca).

Bob Barnetson, Chair

AUFA Job Action Committee

Can AUFA members refuse work outside of their job descriptions?

The AUFA office has been increasingly approached by members asking if they can refuse work that is not in their job description. Although the short answer is ‘probably’ the full answer is complicated and bears exploration.

Current Practice

There is a longstanding disconnect at AU between job descriptions and the work done. Although jobs can be reviewed once a year, this rarely takes place because of the work involved for HR and management, and the assigned duties slowly drift away from the job description. Eventually, it means many members do work that has nothing to do with their positions.

This situation is normally voluntary. Many members create their own work, takes on new duties for career growth, or just want to go with the flow. However, there are situations where members may wish refuse assigned duties as being outside of their job description. This is particularly true if the member wants an updated job description that reflects their real work, and management or HR are refusing to do the update. At that point, following the documented duties looks like the best leverage the member has.

Legalities

Although the facts of the matter may vary, the law is probably on the member’s side. Job descriptions must have legal meaning and the employer’s refusal to update a job description is their problem. This is particularly true in the IT Optimization where members were made redundant and then moved into new jobs and are now being asked to continue the old work that was made redundant. The correct management response to a bad job description should be to correct the assigned duties or the job description, not discipline the member for being caught in the middle.

However, the employer may attempt discipline anyways because threatening members may be more agreeable to them than rewriting job descriptions. Under the ‘work now grieve later’ principle any union will advise you follow direct orders which the union can then grieve and resolve down the line. This is because the employer may choose to invoke discipline, even if the orders are faulty.  

Can I lose my job?

It is unlikely a member would lose their job over refusal to perform work not in their job description. Assigning a job description and then requiring unrelated work is the employer’s problem and something they should fix. As well, the principle of progressive discipline means in most cases corrective action should begin light before escalating. Jumping to the most severe form of discipline weakens the employer’s case, and also doesn’t solve the problem of getting the work they want done. Because of these factors, AUFA’s strong appeal process should successfully halt attempts where the employer chooses discipline over accurate job descriptions. The path of least resistance is just doing the job of managing properly.

However, legal outcomes are about likelihoods, not guarantees. As such, AUFA always recommends that when given a direct order by your supervisor, follow it while we resolve an disputes over its legality. We cannot advise behaviour that may trigger discipline, even if the discipline is unreasonable or unfair. That said, members are free to make their own decisions and AUFA will represent our members to the best of our ability. 

David Powell

AUFA President