College faculty have a better plan. CAAT Academic Bargaining Update: February 2018

College faculty still have a better plan. CAAT Academic Bargaining Update: February 2018

Agenda Kaplan’s Award Return to Work Academic Freedom Provincial Task Force Constitutional Challenge We are well underway in bargaining and need the strength of our members to negotiate a fair deal. The council and the union are far apart in their visions for the future of the college system.

Timeline: Recall How We Got Here Thursday, November 16, 2017 11am Vote results released: Faculty overwhelmingly reject The Council’s offer 86% vote to reject with a 95% turnout Afternoon Minister of Advanced Education and Skills Development meets with the parties 3pm to 5pm Negotiations take place at the MAESD offices under a media blackout with the support of the Conciliator 6pm Minister announces back-to-work legislation Sunday, November 19, 2017 Bill 178 passes with notable deficiencies in the legislation, e.g. no Return to Work Protocol

Arbitrator Kaplan’s Process Tuesday, December 12, 2017 Kaplan begins the mediation-arbitration by requesting briefs from both sides. Faculty and Council teams include supporting case law. Thursday, December 14, 2017 Kaplan begins mediation by meeting with the Faculty Bargaining Team Asks questions about the brief to thoroughly understand our positions Friday, December 15, 2017 Kaplan meets with College Employer Council (CEC), also asking questions of them Saturday, December 16, 2017 Kaplan engages with the parties in mediation After considerable time working with the two sides, declares that he has sufficient information to form a decision, promises to release it that week Wednesday, December 20, 2017 Kaplan issues his arbitration award

Kaplan’s Award Kaplan’s decision follows the “replication” principle On most of the issues, it is the union’s position that is adopted or adopted with some modifications It is a landmark decision in several ways: Academic Freedom is included in the CA within the body of Article 13 Harmful CEC concessions are rejected Contract locked in for 4 years 2017-2021 Academic Employees Collective Agreement PDF is now online Despite the wins at arbitration, that doesn’t change how the right to free collective bargaining was overridden (more on that later)

Return To Work Protocol $900 to FT, $450 to PL for work resulting from the return after the strike College Employer Council is interpreting this to mean faculty on leave (sick leave, professional development leave, maternity/parental leave, union leave, bargaining team release) are not to be paid Some colleges paid faculty on leave, others did not Issues will need to go before Kaplan

Academic Freedom 13.04 Every faculty member is able to exercise academic freedom in the performance of his/her duties. Academic freedom at the College includes the right to enquire about, investigate, pursue, teach and speak freely about academic issues without fear of impairment to position or other reprisal.

Academic Freedom As with any new language, it has yet to be tested If you encounter a situation where you think academic freedom applies, contact your Local Officers Your Local will work with the CAAT-A Divisional Executive on interpretation, grievance language, priority, and tactics

What’s Next? Bill 148 Fair Workplaces, Better Jobs Act Committee We have met with The Council once, will meet again this month Several technical issues but the most significant is “equal pay for equal work” for partial load Failing resolution on the issues within a year, the parties will go to binding arbitration Intellectual Property Committee STD Short Term Disability (sick days) Committee Counsellor Class Definition Committee …and the Provincial Task Force...

Provincial Task Force The Task Force is our opportunity to address items that were not addressed in bargaining Mostly these are items that need government funding and attention This is the opportunity to seek a staffing ratio Moving forward under new Minister of MAESD Mitzie Hunter Bargaining Team Chair JP Hornick and Divisional Executive Chair RM Kennedy are steering the efforts from CAAT-A Expect subcommittees as needed

Clarifying the Constitutional Challenge Bargaining Team and Divisional Executive: this is a necessary challenge Does not undermine what we have accomplished this round Remedy sought: bargaining begins from the new Collective Agreement We do not revert back to the pre-Kaplan award state, do not end up back out on strike when we win Court action will take years: we can get ready to bargain from where we left off Send a signal that the employer cannot simply engage in stonewalling versus meaningful bargaining Hold the government accountable, along with addressing issues via Arbitrator Kaplan and the provincial task force

Questions?