THE
AUFA PRESIDENT COMMUNICATES
Communities of
Interest
As the second round of negotiations towards the 11th Collective Agreement continues, I would like to share with you my thoughts on the nature of Collective Agreements and the process in which we are engaged. A collective agreement is not simply a salary and benefits package; it is a document negotiated by two teams, one representing the union and one representing management. It sets forth the collegial principles and processes which govern appointment, promotion, and grievance procedures, among others. It also establishes the rights of our members, such as the right to sabbatical leave, parental leave, and sick leave. Our Collective Agreement applies to a variety of positions, including tenure-track and tenured professors, CLT professors, Professional Librarians and Instructors. AUFA has a duty to represent fairly all of its members and to bargain on their behalf. The newest members to the AUFA community are the part-time professors who, because of the recent decision made by the Labour Relations Board of Nova Scotia to amalgamate the part-time and full-time bargaining units, will be included in the current negotiations.
AUFA has represented our part-time members since 2001. After successfully negotiating a first collective agreement on their behalf, we applied to the Labour Relations Board to amalgamate our two bargaining units into one. The Board of Governors of Acadia University contested this application and a hearing was held in Halifax this August. In preparing for the hearing, I was asked to provide copies of all the previous certification orders for AUFA. These documents provide an interesting history of our association and our efforts to represent an ever widening community of academics.
The Labour Relations Board of Nova Scotia first certified the Acadia University Faculty Association (AUFA) as the bargaining agent for a unit of “all full-time faculty members,” excluding librarians and the usual management or “confidential” personnel on July 15, 1976. AUFA then went on to negotiate successfully its first Collective Agreement two and one half years later in 1979. This makes us one of the oldest unionized faculty associations in Canada. We have had an excellent record of cooperation with the Board of Acadia University over the last twenty-seven years. Although we have had several overwhelmingly successful strike votes, we have negotiated ten Collective Agreements without a single strike or lock-out.
Since we negotiated our first collective agreement in 1979, we have on three occasions applied to the Labour Relations Board to amend the original certification order to include more diversified groups of employees. In 1987 the certification order was amended, without opposition from the Board of Governors, to add the classification of “Demonstrators” (those whom we now call “Instructors”) to the full-time bargaining unit. A subsequent amendment in 1991 added “Professional Librarians” to the full-time bargaining unit, even though they had been excluded from the original certification order.
In 2001 AUFA once again applied to the Board to be certified as the bargaining agent for part-time academic staff. Despite opposition from Acadia’s Board of Governors this application was also successful. AUFA thus became the bargaining agent for full-time faculty members, librarians and Instructors, as well as part-time academic staff, although part-time faculty were in a separate bargaining unit. Negotiations for a first part-time collective agreement ended successfully in December 2002.
Upon completion of these negotiations, AUFA applied to combine the certification orders of the two bargaining units it represents. Since both collective agreements, full-time and part-time, were to expire on June 30 2003, our goal was to negotiate one collective agreement for all of the members we represent. The Board of Governors of Acadia University contested this application and a hearing was held before the Labour Relations Board of Nova Scotia on August 6, 7, and 8, 2003. The Board heard witnesses from both the applicant (AUFA) and the respondent (the Board of Governors of Acadia University). As President of AUFA, I testified on our behalf. Our other witnesses were Heather Pyrcz, Stephen Ahern, Kenneth Davidson, Erin Patterson, and Karmen Bleile.
In determining the question, “Can AUFA have one bargaining unit or two?”, the Labour Relations Board asked us 1) to show that there was a sufficient community of interest between our full-time and part-time members to justify the merger and 2) that there was nothing that would act as an impediment to the combination of the two certification orders. In other words, we needed to demonstrate that there is more that unites the two units than separates them and that no serious labour relations problems would result from the merger.
As AUFA’s lawyer Ron Pink pointed out: The policy of the Labour Relations Board of Nova Scotia has been for many years to certify bargaining units composed of all full-time and regular part-time employees in classifications where there is a community of interest. The Nova Scotia Board, like many Boards across Canada, has often expressed as a general matter of sound labour relations policy a preference for more comprehensive bargaining units, as opposed to fragmentation of collective bargaining among many units. It is standard practice for Canadian Labour Boards to certify bargaining units composed of employees in numerous different job classifications. Indeed, our full-time unit at Acadia already included professors (tenured, tenure-track and CLT), Professional Librarians (both full-time and part-time) and Instructors (both full-time and part-time) who all have different duties. Furthermore, many of our members move regularly from one bargaining unit to the other, working full-time one semester, part-time in the summer, and so on. Part-time librarians and part-time instructors are already included in the full-time collective agreement.
Although the job expectations of full-time faculty and part-time faculty at Acadia are different, both groups share an interest in academic work and scholarship and are distinct from other categories of university employees in that they are responsible for the academic programs which must be completed by the students. There is more that binds the two categories than separates them. In particular, both part-time and full-time professors are hired to teach courses offered by departments or through continuing education which students take to fulfill the requirements for their degree. Both full-time and part-time professors must abide by the same Senate regulations. There is no distinction between courses offered by part-time professors and those offered by full-time professors. In many cases, full-time and part-time professors teach the same courses. This is particularly the case for courses which are offered on a multi-section basis. Part-time professors often follow the same curriculum as full-time professors, give similar assignments, and employ common final examinations. Part-time professors are hired to teach courses at all levels, from introductory to advanced. Many of our part-time professors are active members of their departments. Part-time and full-time professors share a love of their discipline, an interest in their students, and a commitment to their progress.
Many part-time professors must undertake research if they hope to be appointed to a full-time position. Many are hired into full-time positions when such are available. Some are Ph.D. students who hope to obtain full-time employment once they have completed their doctorate. Some already have a Ph.D. and are seeking full-time employment. In any case, the part-time collective agreement states that employees must “maintain their competency within their discipline” (article 16.10), and further establishes a professional development fund (article 21.2) to be used for “any type of professional development activity.” Both of these clauses suggest that part-time professors should be involved in research. In addition, article 16.4 states that a part-time professor’s responsibilities “as a teacher extend beyond the classroom to include course-related student advising, supervision of tests and examinations, evaluation of student performance and grading.” Student advising is thus a part of a part-time employee’s duties, just as it is a part of a full-time employee’s duties. Most of the language used in article 16 relating to part-time academic responsibilities is taken from article 5 of the full-time collective agreement.
Many part-time professors serve on departmental committees and fulfill administrative duties involving students. Part-time professors are, in many cases, the people most likely to become full-time employees. Many have demonstrated a long-term commitment to Acadia, with records of employment varying from 15 to 26 years.
The Labour Relations Board of Nova Scotia agreed with AUFA’s view that there is a continuum between the two categories of faculty which might be disturbed if two separate bargaining units were maintained. The creation of one bargaining unit will facilitate the transition between part-time and full-time employment which regularly occurs. This will better protect all our members against exploitation and fragmentation of the university.
Here is the decision the Labour Relations Board reached:
“The board is convinced that the part-time instructors at Acadia University do share a community of interest with the academic staff of full-time professors, librarians and instructor/ demonstrator. As an initial observation, it is significant to note that most bargaining units in unionized work settings encompass a variety of job classifications; indeed, a bargaining unit of a simple classification in a complex work place is highly unusual. Thus, the existing heterogeneous bargaining unit composed of full-time professors, full and part-time librarians, and full and part-time instructors is unexceptional in general labour relations terms. These are academic staff involved in the core teaching and research missions of the university in varying roles. Adding a classification of part-time teaching staff to this general academic bargaining unit would, generally, seem far from anomalous.”
In responding to our application for recertification, our employer (the Board of Governors of Acadia University) claimed that it is standard practice in Canada for part-time and full-time employees to remain in separate bargaining units. But the example of the University of Western Ontario and the decision made by the Labour Relations Board of Ontario indicate that there is a growing trend toward combining the two units. The employer also claimed that the “nature and length of employment contracts for the two units of employees differs to such an extent that utilizing one set of procedures for both would be unfair, inequitable, inappropriate and unmanageable.” The Labour Relations Board disagreed with this interpretation:
“While the University [Administration] argued that AUFA’s desire to harmonize provisions of the collective agreements for both units and reduce the cost and effort of negotiating two agreements were not sufficient reason to combine the units, the University [Administration] presented no evidence to indicate that the combination of the orders would cause any labour relations problems whatsoever. Under these circumstances, the University [Administration] has not met even an evidential burden on these questions which would require the Union to demonstrate the absence of such difficulties. The Union is, therefore, entitled to its order combining the certification orders for the full-time professors, librarians, instructor/demonstrators and part-time credit course instructors.”
The Board has given the two parties until September 30, 2003 to make submissions on the question of the date upon which the combination will become effective, unless they agree to resolve the matter on their own. I am pleased to report that the Board of Governors has indicated that it will not oppose AUFA’s wish that the combination take place immediately.
This means that AUFA can undertake common negotiations for both our full-time and part-time members. Our goal is to achieve a collective agreement that ensures that the interests of all of our members are promoted and the rights of all are protected. The AUFA executive and the AUFA negotiating team remain committed to negotiating a contract that is fair and equitable for all or our members and that helps us recruit and retain well qualified staff and students.
Janice Best
President