AASUA files unfair labour practice complaint against U of A

On May 7, the Association of Academic Staff at the University of Alberta (AASUA) filed an unfair labour practice complaint at the Alberta Labour Relations Board (ALRB) against the University of Alberta. The complaint follows the failure of informal mediation between AASUA and the U of A on March 25 – 27.

The complaint claims that the university did not act in good faith during informal mediation. Under section 60 of the Alberta Labour Relations Code, parties are required to bargain in good faith and “make every reasonable effort to enter into a collective agreement.”

“They were not prepared, and nor were their representatives, in our view, authorized to actually make any kind of movement towards a deal,” AASUA President Gordon Swaters said in an interview with The Gateway.

The complaint also argues that the Government of Alberta’s mandate to the university through the Provincial Bargaining and Compensation Office has interfered with “[AASUA members’] charter rights to to collective bargaining.”

Although a strike vote is not imminent, “it may ultimately be necessary,” Swaters says

On May 13, the U of A released a bargaining update stating that it has filed for formal mediation with the ALRB to resume negotiations with AASUA. The update also states that “the allegations contained in the complaint are without merit” and “AASUA left the table.”

“The university believes a negotiated agreement is still possible, but to do so the parties must resume the conversation,” the update said.

Swaters said there is a “fundamental disagreement” between what the bargaining parties think happened during informal mediation.

“We never walked away from the table,” Swaters said.

AASUA’s application to the ALRB includes a request to suspend negotiations until the application is adjudicated. According to Swaters, “that could take weeks or months.”

AASUA was not given “a meaningful heads up” about the university’s decision to file for formal mediation, according to Swaters.

“Right now, it’s sort of a promise to do it, but we don’t know anything about it.”

When it comes to a strike vote, Swaters said that AASUA is “not eager to get to that point.”

During two recent AASUA town halls, members were asked if they want AASUA to reject the university’s latest offer. Swaters said that according to informal polls, 94 per cent of members surveyed indicated that AASUA should reject the offer. Members were also asked if they were prepared to vote yes in a strike vote.

“Overwhelmingly the members voted yes to voting yes to a strike vote,” Swaters said.

“We’re a long, long way — in our view — from a strike vote. But it may ultimately be necessary to use this tool in an effort to move negotiations along,” he added.

U of A “remains committed to achieving a negotiated settlement,” statement reads

The Gateway reached out to U of A media relations for comment on AASUA’s bargaining complaint and the university’s decision to file for formal mediation.

“The university’s decision to file for formal mediation in its negotiations with AASUA is in response to AASUA’s halting of informal mediation and seeking to pause negotiations as part of an unfair labour practice complaint against the university,” the statement read.

“The university believes that the allegations contained in the complaint are without merit and will defend its bargaining approach through the [ALRB’s] usual process. While the complaint resolution is ongoing, the university remains committed to achieving a negotiated settlement — as has always been possible in previous rounds.”