AASUA

This post outlines the steps that must take place before a lockout or strike can happen in response to failed bargaining.

The Impasse:

Before either the AASUA (the union) or the Governors of the University of Alberta (the employer) can initiate steps toward any of the dispute resolution processes outlined below, the parties must be at an impasse. This means that at least one issue remains in dispute and unresolved through collective bargaining. Normally, there are multiple unresolved issues that create the impasse. These are usually very substantive issues and often involve compensation. Regardless, once an impasse has been declared and in order to resolve the impasse, the parties must follow the steps outlined in the Alberta Labour Relations Code (LRC).

Mediation:

There are multiple steps that unions and employers must go through before they are in a legal strike/lockout position. At any time during the collective bargaining process, either party may request the Director of Mediation Services in the Ministry of Labour to formally appoint a Mediator. In the post-secondary sector, the Director of Mediation Services can only appoint a Mediator if the parties have first agreed to an Essential Services Agreement (ESA) which has been filed with the Alberta Labour Relations Board (ALRB) or in the alternative, the ESA Commissioner has granted the parties an exemption to the ESA.

The Mediator is tasked with hearing representation made by both parties. They may mediate between the parties, and they are to encourage the parties to reach a settlement. If no settlement is reached, the Mediator may notify the parties they do not intend to recommend terms for settlement. This triggers a 14 day "cooling off" period under the Code.  Or, the Mediator may recommend terms for settlement; if both parties accept the recommendation, then the terms for settlement are presented to the members and to the Board for their respective ratifications. If one party accepts, and the other does not, then the 14 day "cooling off" period starts from the date fixed by the mediator for acceptance or rejection of the recommendations. The party accepting may apply to the ALRB Relations Board for a supervised vote on the acceptance or rejection of the recommendations by the other party.  For example, if the Board of Governors accepts the recommendations, but AASUA does not, then the Board can ask that the members ratify the proposed settlement.  If the members reject the settlement, then the 14 day "cooling off" period is triggered.  During the "cooling off" period the Union cannot advance to strike and the Employer cannot advance to lockout.

Ratification Votes:

Typically, if the parties reach a signed tentative agreement through bargaining, the union would present the Memorandum of Agreement (MOA) with the agreed terms to members for ratification. An informational general meeting is held first to present the settlement terms to the membership and to answer questions. 

When the parties have not reached an agreement, one party may apply to the Alberta Labour Relations Board at any time during negotiations to conduct a supervised vote of the members on a proposal to settle a collective agreement. These secret ballot votes are called “proposal votes”. The LRC allows a proposal vote to be held on:

• The recommendations of a mediator;
• The recommendations of a Disputes Inquiry Board or;
• A party’s most recent collective bargaining offer.

This gives the employer the right to put an offer to a vote by the union members to either accept (ratify) or reject the employer’s offer. The employer has only one opportunity to force a ratification vote in this way. Forced ratification votes typically result in members soundly rejecting the employer's proposal.

The Strike Vote:

If after the two-week cooling off period there is still no agreement, the union may apply to the ALRB for a supervised strike vote in accordance with the LRC and AASUA's Strike Vote Policy. The ALRB has certain powers to make sure that the party conducts a fair vote. Votes should permit the free and private expression of opinion of persons entitled to vote.  The union can only proceed to strike if there is a majority vote of those members voting to do so. A majority strike vote does NOT necessarily mean the union will go on strike--only that the members have empowered the Executive to do so. The decision to vote in favour of a strike is a very important decision. It's important that your vote reflects your true views. It is commonly the case that a credible threat of a strike is enough to bring the two sides back to meaningful negotiations.

Strike / Lockout 101 Picketing:

Once a lawful strike or lockout is in progress (72 hours notice must be given), the LRC allows persons to engage in picketing and to try to persuade others not to enter the employer’s place of business or do business with the employer. The right to picket in connection with a labour dispute is subject to the following conditions:

• It must be peaceful
• It must take place only at the striking or locked out employee’s place of employment
• It must not involve acts that are otherwise unlawful

The ALRB has the power under the LRC to regulate lawful picketing. It will do so where necessary to maintain the lawful character of the picketing and preserve the peace. The parties themselves may reach an agreement on picketing protocols.

Work Expectations:

During a strike the employees withdraw their labour and participate in job action duties such as participating in pickets, volunteering in the union’s headquarters, coordinating volunteers, etc. The labour the employees withdraw includes, but is not limited to, the following:

• Teaching, supervising, and advising students
• Sending/receiving employment related email, including to students
• Library work, including collection, copyright, teaching and research assistance
• Service to the University and/or university related community work
• Administrative duties
• research
• clinical teaching under the collective agreement

All academic staff have the right to participate in job action (strike) unless you are required to remain at work by terms of the Essential Services Agreement (ESA).

Essential Services Agreement:

Prior to applying for formal mediation under s 65 of the LRC, there must be an Essential Services Agreement filed and approved by the ALRB between the employer and the union. Essential services are defined in the LRC as:

(a)   The interruption of which would endanger the life, personal safety or health of the public or

(b)   That are necessary to the maintenance and administration of the rule of law or public safety.

In addition to the essential service identified in (a) and (b), the parties may agree to additional terms in the ESA to services deemed necessary but not essential by the description in the LRC. Only those members identified in the ESA are exempt from strike or lockout. The terms and conditions of employment of the essential workers form part of the ESA.

What happens to your research/students, etc.

In the event of a strike or lockout, work stops. Except for those paid under the terms of the ESA, all compensation and benefits (except vested benefits) terms under the collective agreement cease during the strike or lockout, unless the union pays for the "premium" costs of those benefits during the strike. The purpose of work stoppage is to interrupt the employer’s business. Continuing to perform work of any kind such as research or supervising or advising students is counter to the purpose of work stoppage.

However, the union can decide to have limited strike action, such as for example, allowing members to continue their research off campus but without pay.