Dear colleagues,
Alberta’s Director of Mediation Services has appointed Deborah Howes as Mediator following the Employer filing for formal mediation. Both AASUA and the Employer have agreed to the appointed mediator, as Ms. Howes brings over 30 years of labour relations experience to the role.
Formal Mediation is not binding arbitration. If no settlement is reached between the parties or no recommendations are made by the mediator by the end of the mediation period, then after a further 14-day cooling-off period, a strike vote can legally be held. If we are at impasse after formal mediation, a strike vote may be the necessary next step.
As a result, it is imperative that AASUA continues its preparations for strike action in the event formal mediation does not result in a proposed agreement AASUA can bring to the membership for its consideration.
Dates for formal mediation are being scheduled and most likely will be set in the early fall term. However, AASUA has concurrently filed for an interim order from the Alberta Labour Relations Board (ALRB) seeking a directive delaying formal mediation until the ALRB hears our bad faith bargaining complaint.
We are asking for the interim order because AASUA has no confidence that the Employer’s team will stop engaging in bad faith tactics until the Labour Board directs them to cease undermining negotiations with behaviours like those your bargaining team experienced during informal mediation in March.
In seeking the interim order, AASUA also asked the ALRB for an urgent hearing into the merits of our bad faith bargaining complaint. The parties have been asked for their availability for this hearing, and we anticipate that dates will be set soon. However, it is likely that this hearing will not start until late summer or early fall, and that a number of days will be required for AASUA’s evidentiary case. We will keep you updated as we learn more from the ALRB.
We have had a number of unions reach out to us to support our application to the ALRB (The University of Calgary Faculty Association, the Confederation of Alberta Faculty Associations and the Alberta Colleges and Institutes Faculties Association, the Alberta Federation of Labour, the United Nurses of Alberta, the Alberta Union of Provincial Employees and the Health Sciences Association of Alberta). If these organizations are permitted to intervene in the hearing of AASUA’s complaint, they would provide additional arguments in support of our complaint.
We will continue to keep members informed as the situation develops.
Sincerely,
Gordon Swaters
AASUA President