Progressive Educators Pursuing Excellence
A lockout would be when management prohibits access to campus and its resources by members of the Association. This would include: our offices, labs, the library, all campus-based digital resources, food services, and even washrooms. Job Action preparedness allows us to be ready to respond if we are locked-out. Lockouts are rare in the Canadian post-secondary context, but have happened. If Management locks us out, the existing Collective Agreement would be null and void. We can only avoid this if we have a strong vote from our membership supporting a strike. With a strong strike vote, we can preempt being locked out by going on strike. Steps in the Collective Bargaining Process: Note: Collective bargaining can continue throughout all of these steps. 1. Notice to Commence Collective Bargaining. 2. Commence Collective Bargaining. Note: Commenced January 2020. The Collective Agreement expired July 1, 2020. Note: The agreement remains enforce until i) a new agreement is ratified, ii) strike or lockout occurs, or iii) a 2-year period has elapsed. b. 37 meetings were held in an attempt to reach a new collective agreement with the BoG. The MRFA remains committed to actively reaching an agreement with the BoG. 3. Voluntary Informal Mediation Note: The parties engaged in two days of voluntary mediation. Upon conclusion, either: a. An agreement is reached (skip to step 8), or b. Collective bargaining continues. 4. Statutory Mediation – A formal process used to try to reach an agreement. Either the MRFA or the BoG’s team may ask for Statutory Mediation. Note: Statutory Mediation for the current round of bargaining held on January 24-25, 2022. Upon conclusion, either: a. An agreement is reached (skip to step 8), or b. Collective bargaining continues. 5. Possible Vote on Mediator’s Recommendation If the Mediator decides to issue recommendations after the Statutory Mediation process, either side may: a. Choose to present the recommendations to the group they represent for an acceptance vote, b. Ask that the recommendations be brought before the other group for consideration of acceptance, or c. Continue collective bargaining. 6. 14-Day Cooling Off Period After the conclusion of the Statutory Mediation process, the parties must enter into a 14-day cooling off period. 7. Strike or Lockout Once impasse has been reached: a. The MRFA Membership can vote to engage in a strike. b. The Board of Governors can vote to engage in a lockout. 8. Ratification Vote Once an agreement has been reached at the table, the Negotiations Team will present the package to the Membership for a ratification vote. A strike mandate (i.e. a membership vote in favour of strike) is approval given by Members to our elected Executive Board to take future strike action, if and when it deems such action necessary. A strike mandate could provide the Negotiations Committee enough bargaining leverage on its own, without actually going on strike, to have the employer return to the table and enhance their offer. The hope is that negotiations would continue even after a strike mandate. If the employer’s position doesn’t change at the bargaining table following a strike mandate / vote, preparations will begin for a strike action. This would mean the withdrawal of all labour, in the form of refusing to fulfill professional/employment duties for the University, including all teaching, scholarship and service. Should strike action come to pass, information about the procedures by which it would be managed will be communicated to members. Again, the MRFA prefers to arrive at negotiated settlement without resorting to Job Action but the Association is prepared in the event that Job Action becomes a reality. All of the following must be in place prior to either a strike or lockout taking place. (See the collective bargaining index for more information) Strike & Lockout Pre-Conditions: Note: The following items are legally required, as per the Alberta Labour Relations Code. An Agreement can be made at any time throughout the following step, thus ceasing the progression of the process. 1. No Collective Agreement in Force *This has occurred* (i.e. the current collective agreement must have expired). The MRFA Agreement expired on July 1, 2018 and was bridged. 2. Essential Services Agreement or Exemption Obtained *This has occurred* An Essential Services Agreement outlines work which is deemed essential, and therefore cannot be interrupted in the case of job action being initiated by either party. Both parties jointly filed an Essential Services Agreement in late January, 2019. The Alberta Labour Relations Board approved the ESA on February 1, 2019. 3. Statutory Mediation *THIS IS THE STAGE WE ARE AT NOW* This is distinct from the Informal & Voluntary Mediation in which the parties engaged earlier in the bargaining process. 4. Action from the Mediator: After Statutory Mediation, the Mediator must either: a. Decline to issue a report, or b. Issue a report containing recommendations, delivered to both parties. It is possible that a vote may be held on the Mediator’s recommendations or a vote on the final offer presented by the Board of Governors. This is not a legally required step but could occur based upon the outcome of Statutory Mediation. 5. 14-Day Cooling Off Period Following the conclusion of the Statutory Mediation process (steps 3 & 4) a 14-day cooling off period occurs. 6. Alberta Labour Relations Board Supervised Strike Vote. Upon successful strike vote, the affirmative vote remains valid for a 120 day period, allowing the progression to step 7. 7. Engage in Strike/Lockout. *The bargaining teams may continue to bargain and reach settlement at any point throughout this process* Before a Strike could begin strike protocol would need to be negotiated, and part of the protocol would outline provisions for faculty on leave. In negotiating the strike protocol, the MRFA would request that faculty on leave not experience any changes to their status for the duration of the strike; however, this would need to be negotiated. In order to receive strike pay you must contribute to/participate in the strike. The primary strike duty is picketing; however, alternative strike duty is available for those requiring accommodations. Details for how to apply for exemptions and/or other strike roles will be shared closer to commencement of a strike. View strike pay information here (member restricted content) Yes, providing that you participate in the strike (various roles are available), do not cross the picket line without a picket pass and do not publicly denounce the strike or the MRFA’s actions. The MRFA has been preparing for this eventuality by building its Contingency Fund and by joining the CAUT Defence Fund. Yes, members providing essential services, or those with approval by the MRFA President, shall be provided with picket passes. Crossing the picket line may include any action taken not in support of the Association, any work engaged in which is deemed to be on behalf of the university, and/or physically accessing University property without a picket pass. Examples of crossing the line include, but are not limited to: The following shall not normally be considered crossing the picket line: Additional Information: The decision to strike, or not, must be considered in light of the specific issues about where impasse has been reached at the bargaining table. The only way for a strike action to occur is for the legislated bargaining process to have been followed to its conclusion, a strike vote to take place and for a majority of voting Members to cast their ballots in favor of a strike. Process: If the Membership votes to support strike action, this provides the Executive Board with the legal mandate to call a strike if and when they deem this to be a necessary and strategic next step in the collective bargaining process, subject to the provision of 72 hours’ strike notice to the employer. Even after a successful strike vote is held, there is no guarantee that we would actually go on strike. A strike vote remains valid for 120 days following the date the vote was taken. When a strike vote needs to be held, a successful result can help move negotiations forward to avoid a strike. Ultimately, a strike is the last resort in a series of coordinated job actions. Our preference is to reach an agreement without resorting to a strike. However, if the BoG leaves us no other option, a strike is the only way of defending the quality of education we deliver and defend the future of our institution. Members will be contacted via their personal e-mail addresses. Please ensure that you provide a personal point of contact to the MRFA (or email it to office@mrfa.net) as access to MRU e-mail will likely not be available. We need to be able to reach you to provide updates, picketing options, etc. Member accounts have also been created on mrfa.net, and member restricted information will be posted there as well. Ensure you are logged into your mrfa.net account to ensure you are able to view all web content. If you have problems logging into your account, please email office@mrfa.net Submit your comments online here or e-mail the MRFA, at office@mrfa.net, and detail your concerns. Your voice and your ideas are important. You may be aware of an issue that the negotiating team/MRFA hasn’t anticipated. This said, please be assured that detailed plans and responses have been put in place. The status of individuals who are on leaves including sabbatical leaves is a grey area during a strike. At some postsecondary institutions where work stoppages have occurred faculty on leaves have been considered exempt from strike action. At other institutions, they are deemed to be also on strike. Ultimately, this will be a subject of discussion when the teams negotiate a strike protocol. Should members on leave be deemed to be on strike, they are eligible for strike pay if they perform strike related work. For tenurable members, the impact of a strike on tenure applications may be dealt with either through a strike protocol or as part of a return to work plan. The Association would insist that the tenure clock was halted and deadlines appropriately extended. The Mount Royal Faculty Association works closely with the Student and Staff Associations through the MRU Coalition. This group is kept well informed of the current status of bargaining and they have issued a joint statement regarding Statutory Mediation held on January 24 – 25, 2022. Students with questions are encouraged to view the FAQs for students. Operational questions, such as impacts on grades, graduation, length of the semester, need to be asked of MRU’s Administration. Students are encouraged to ask these questions of the administration to get more detailed information. Students with operational questions should contact Chris Rogerson, Executive Director of Student Affairs (crogerson@mtroyal.ca) and Phil Warsaba, Vice-Provost and Associate Vice-President Student Affairs (pwarsaba@mtroyal.ca).
Remember: Our Negotiating Committee needs MRFA Members to demonstrate our support of their work on our behalf. The MRFA prefers to arrive at negotiated settlement without resorting to Job Action but the Association is prepared in the event that Job Action becomes a reality.
It is imperative that the Association get a strong strike vote!
The MRFA has completed detailed planning and preparation and we are well situated, both operationally and financially, should a strike be required.
Faculty are seeking a Collective Agreement that would strengthen our ability to provide our students with an excellent post-secondary education: our working conditions are their learning conditions!