On November 26th, the College Employer Council published their "Bargaining FAQ" which seems to have raised more questions than it has clarified. As Faculty, let's do what we do best: correct and clarify to provide a more accurate and factual record of the current issues...
The CEC states,“This form of arbitration [Final Offer Selection (FOS)] allows both parties to fully present the merits of their respective proposals (CAAT-A November 18 proposal and CEC November 23 proposal) to a neutral arbitrator (In this case, William Kaplan who was suggested by the CAAT-A Team).” CORRECTION: Arbitrator Kaplan was suggested by the CAAT-A Team for binding interest arbitration, not final offer selection (FOS) arbitration. The CAAT-A proposal of November 18th was not presented as a Final Offer.
The CEC asks, “Why would the CAAT-A Team Reject FOS?” CLARIFICATION: The real question is: ‘Why would the CEC suggest it?’ It seems the CEC wants to create a situation in which the arbitrator’s hands are tied and has no option but to choose one offer in its entirety. But there is simply no reason to do this when binding interest arbitration remains an option and does not force an adversarial ‘winner take all’ format on the arbitrator.
The CEC states, “We see no reason why the CAAT-A Team would reject FOS.” THE REASONS: FOS allows NO room for reasoned consideration around the serious issues surrounding each article. FOS allows NO room for compromise, or for selecting the best proposals in each side’s offer. FOS chooses winners and losers, and therefore leads to toxic labour relations.
The CEC states, “If the CAAT-A team’s demands are entirely reasonable, moderate and necessary and the CEC’s proposal is regressive and punitive, as they have said, then they should embrace FOS.” CLARIFICATION: As one colleague put it: Faculty are EDUCATORS, not GAMBLERS. This is not some game, at least not to faculty. Let's have an arbitrator come in and achieve a compromise that does not alienate or ignore any one side.
The CEC states, “The CAAT-A team and Local Presidents have published on Social Media and in a letter campaign to College Presidents, statements such as “If the colleges cared about students they would agree to arbitration to prevent labour disruption. Colleges have agreed to FOS arbitration.” CLARIFICATION: The letter campaign requests that Presidents direct the CEC to agree to binding interest arbitration, not FOS. The Colleges cannot 'agree' to something Faculty have not proposed. Faculty care about students, first and foremost. The goal of Faculty is to avoid any labour disruption.
The CEC states, “The question to then ask is whether the difference between interest arbitration and Final Offer Selection (FOS) arbitration is worth striking over.” CLARIFICATION: The strike vote is not about FOS. Faculty have asked the CAAT-A Team to bargain for better working conditions, highlighting issues of equity, partial load faculty, indigenization, workload and intellectual property. These are still the issues on the table.
The CEC states, “The Union can legally strike five days after receiving a “Yes” mandate through the Strike Vote. The Strike Vote is tentatively scheduled to close on December 11, 2021. Therefore, the Union could commence a strike on December 16, 2021.” FACT CHECKED: he Faculty team has made it clear that there will be no strike over the holiday period. Other labour actions (such as work-to-rule or targeted strikes) would be pursued before a strike. A strong strike vote allows Faculty to engage in a number of escalating labour actions to help avoid a strike.
The CEC states, “Only the Union can initiate a strike. Once a mandate is given, the CAAT-A Team can call a strike at any time without further consultation.” FACT CHECKED: Yes, only the CAAT-A team can call a strike, so why does the CEC continue to suggest that a strike is inevitable? A strong strike mandate from Faculty is a message to the employer that we stand behind the Bargaining Team's proposal. It forces the employer to acknowledge the collective voice of Faculty.
Let's Stay Informed & Ask Questions! Remember to PRE-REGISTER for the upcoming information sessions: Tuesday, December 7 6:30 pm to 8 pm: For partial load faculty. Wednesday December 8th 6:30-8 pm for all faculty