Collective Bargaining Frequently Asked Questions
Updated: November 27, 2024
Bargaining at the U of A
Most U of A employees are represented by one of the four unions listed below. The union negotiates the terms and conditions applicable to the employment of its members through collective bargaining negotiations with the university.
To conclude the negotiations process, a settlement is reached when both parties are satisfied with the terms drafted. This settlement is accomplished through negotiations between the parties, but can also happen through a means of dispute resolution, such as mediation.
Once a settlement is reached, both parties must have it approved by their respective principals (the decision makers they are negotiating on behalf of). For the university, this means approval by the Governors of the University of Alberta (the employer). For the union, it means a majority vote by the members in the bargaining unit.
This approval is called ratification. Once both parties have ratified the agreement, it becomes the renewal collective agreement.
For more information see Government-funded public sector bargaining in Alberta »
An agreement comes into force once ratified by both parties. Some terms of the agreement might take effect only once both parties have ratified the agreement, while other terms might apply retroactively to the expiration date of the previous agreement.
As with all employee entitlements, resources and accesses, employee university Gmail accounts and CCIDs continue as usual during negotiations. Employee entitlements would only be suspended if work stops due to a labour disruption (strike or lockout) involving their union.
Student university Gmail accounts and student CCIDs are not impacted by the negotiations process.
Essential Service Agreements
At any time, collective bargaining parties may negotiate essential services that would continue to be performed by unionized employees in the event of a work stoppage. In Alberta, essential services agreements allow strikes and lockouts by public sector workers and their employers, while still requiring essential public services to be available to the general public during labour disputes. Essential services are those that if interrupted would endanger the life, personal safety or health of the public, or that are necessary to maintain and administer the rule of law and public security.
An essential services agreement is not required in negotiations; however, one must be negotiated and agreed to by both parties and accepted by the Alberta Labour Relations Board before a mediator can be appointed. A mediator might be necessary if an impasse is reached during collective bargaining when one or both parties decide no further progress is possible through negotiation discussions. Ultimately, a work stoppage (strike or lockout) can occur if dispute resolution methods, including mediation, are not successful. You can read more about the overall negotiations process in the FAQ section.
Essential services agreement negotiations are ongoing until an agreement is reached. Collective bargaining can continue concurrently with essential services negotiations.
Essential services agreements must identify:
- a list of the essential services for their particular organization
- job classifications and number of employees affected
- procedures for assigning essential services to be performed
- procedures for responding to emergencies and any foreseeable changes to essential services
- changes to terms and conditions of employment that apply during a work stoppage (if any)
- umpires to resolve disputes during a work stoppage
The primary principle in a work stoppage scenario is that all work performed by members of the union stops, including research. The definition of essential services under the Alberta Labour Relations Code is very narrow. The only services that are required by legislation to be covered by an essential services agreement are those that if interrupted would:
- endanger the life of the public;
- endanger the personal safety of the public;
- endanger the health of the public; or,
- that are necessary to maintain and administer the rule of law and public security.
In addition, the ESA between AASUA and the university includes a Research At Risk of Irreparable Damage list outlining research work permitted to continue if a legal work stoppage should occur.
The University of Alberta and AASUA have completed negotiations on a tentative Essential Services Agreement (ESA). The ESA must still be finalized and then must be filed with and accepted by the Alberta Labour Relations Board (ALRB) before it is complete.
Negotiations for an essential services agreement with the university and NASA are ongoing.
In the Essential Services Agreement between the university and AASUA, the parties have defined “Research At Risk of Irreparable Damage” as ongoing research and/or materials for teaching where the following will occur in the event of a work stoppage:
- catastrophic damage to plant and animal life,
- catastrophic loss of decomposable and/or live materials,
- catastrophic damage to equipment or supplies, or
- irreversible and irreplicable loss of non-repeatable research in progress
Qualifying research will be included in the Research At Risk of Irreparable Damage list as part of the Essential Services Agreement. Researchers included on this list would be permitted to access campus and utilize university resources during a work stoppage in order to preserve and protect such research. All other research would stop during a work stoppage.
The university and AASUA sent a joint email to AASUA employees on Nov. 21, 2024 with more information on the list and how to apply to have research considered for inclusion. A copy of that email communication is available here for reference.
Impasse and Resolutions
An impasse in collective bargaining is reached when one or both bargaining parties decide no further progress is possible through negotiations.
Upon reaching an impasse, there are a number of dispute resolution methods the parties can access, such as mediation. Ultimately, an impasse can lead to a work stoppage, following several mandated steps as set out in the Alberta Labour Relations Code, the legislation that governs collective bargaining and strike/lockout processes.
Legal Work Stoppages
The decision to go on strike and cease working for the University of Alberta is entirely within the discretion of each union, and requires a simple majority vote by the members.
There are several requirements before unions can hold a legal strike, or an employer a lockout. These include:
- The collective agreement between the union and the employer must be expired.
- The parties must enter into collective bargaining.
- The parties must have an essential services agreement and have the agreement accepted for filing by the Alberta Labour Relations Board.
- The parties must work with a government- appointed mediator.
- A 14-day cooling-off period must elapse following mediation.
- An Alberta Labour Relations Board-supervised strike vote (unions) or lockout poll (employers) must be taken and a majority of those voting must agree to the strike or lockout.
One party must serve the other (as well as the mediator) with 72 hours of notice before the strike or lockout commences.
For more information see the Alberta Labour Relations Board
A strike involves the stoppage of work of two or more employees for the purpose of compelling their employer to agree to terms or conditions of employment. Employees are unpaid for the duration of any strike.
A lockout involves the employer’s suspension of work by employees for the purpose of compelling employees to agree to terms of conditions of employment. Employees are unpaid for the duration of any lockout.
For more information: Alberta Labour Relations Board: Strike & Lockout FAQ
A strike vote is taken by a union to determine if their members are prepared to go on strike. A union only requires a simple majority (more than 50 per cent ‘yes’ votes) to receive approval to issue a strike notice to the employer and its membership. Once the membership approves a strike option through voting, the union has approval to issue a strike notice for 120 days without further consultation with its members. After 120 days, a strike vote expires, and a new strike vote would need to be held. A union’s decision to go on strike applies to all of its members regardless if an individual member voted for a strike or not.
For more see the Alberta Labour Relations Board’s Guide to Alberta’s Labour Relations Laws
There are financial and monitoring obligations that continue, but there are no obligations to continue the research work itself.
The primary principle in a work stoppage scenario is that all work performed by members of the union stops. This means a strike at the university would have a significant and direct impact on students. The extent of financial, learning and service impacts would depend on the duration of the strike, timing in the academic calendar, and which union was on strike. The university is committed to working to reduce any impacts on students in the event a union chose to go on strike.