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

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

3. 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.

4. Timeline: Recall How We Got Here
Thursday, November 16, am
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

5. 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

6. 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
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)

7. 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

8. 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.

9. 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

10. 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...

11. 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

12. 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

13. Questions?