Frequently asked questions
What is collective bargaining?
Universities across Canada have collective employment contracts with their faculty and staff which lay out the terms and conditions of employment. So, rather than individual employment contracts, faculty and staff who are unionized have a collective employment contract that applies to everyone in the bargaining unit. At MRU, there are two bargaining units, the Mount Royal Faculty Association (MRFA) and the Mount Royal Staff Association (MRSA).
Collective bargaining is the process under which the negotiation of these collective agreements takes place. Engaging in collective bargaining regularly is a routine component of labour relations that begins near the end of the term of an existing collective agreement, unless the parties are negotiating their very first agreement.
The labour relations and collective bargaining of Alberta’s post-secondary institutions are guided and governed primarily by the Alberta Labour Relations Code, the Public Service Employee Relations Act (PSERA) and to some extent the Post-secondary Learning Act (PSLA).
What does it mean to be a unionized employee?
Most MRU employees are represented by either the Mount Royal Staff Association or the Mount Royal Faculty Association. These associations negotiate the terms and conditions applicable to the employment of its members through collective bargaining negotiations with the university. The MRFA and MRSA are the exclusive bargaining agents for their members. Members are not allowed to negotiate individually with the employer, and other unions are not allowed to bargain for employees who are members of an existing union.
What is a collective agreement?
A collective agreement is a written contract between an employer and union that contains the terms and conditions of employment (e.g. salary and benefits, responsibilities, etc.) that apply to all members of the group of employees represented by the union.
Who is the collective agreement between?
At MRU, our collective agreements are between the Mount Royal University Board of Governors and the Mount Royal Faculty Association, and the Mount Royal Staff Association.
How does collective bargaining begin?
To begin the collective bargaining process, at least one party must give notice. The parties then set up dates to exchange and negotiate proposals. The current MRSA and MRFA collective agreements at Mount Royal University expire June 30, 2024.
What are the objectives of the University in bargaining?
In general terms, the University (Board of Governors) is seeking a collective agreement that:
- recognizes the importance of the relationship between the Board and the MRFA and MRSA
- is financially and operationally sustainable
- ensures working conditions are equitable and fair
- is clear and easy to understand, and does not include unnecessary detail or complex procedures.
What happens when a bargaining team thinks it has reached an acceptable agreement?
At this point, the union will take the proposed agreement back to its members for a ratification vote. If the majority of members who participate in the ratification vote agree that the proposed changes to the collective agreement are acceptable, then the agreement becomes effective on the date specified. If the members of the union do not agree with the proposal, the bargaining teams normally go back to the table to try again.
What happens if the parties can’t reach an agreement?
MRU, the MRFA and MRSA have had very respectful and successful negotiations in the past, and we anticipate this will continue to be the case. However, in the event that an impasse is reached, where one or both bargaining parties decide no further progress is possible through negotiation, there are a number of dispute resolution methods the parties can access, such as mediation or a vote on proposals. It is also necessary for the parties to have an essential services agreement before they can proceed with mediation. If dispute resolution methods are not successful, an impasse can lead to a work stoppage, but only after following several mandated steps as set out in the Alberta Labour Relations Code, the legislation that governs collective bargaining and strike/lockout processes.
What is an essential services agreement?
An essential services agreement is a plan that is negotiated between the union and employer that details how essential services will be managed in the event of a work stoppage (strike or lockout). Essential services are defined as those that
- The interruption of which would endanger life, personal safety or health of the public or
- Are necessary to the maintenance and administration of the rule of law or public safety.
What happens if dispute resolution doesn’t work??
When the parties are unable to reach agreement on a collective agreement, the union members may choose to go on strike. Strikes can take different forms, but generally involve some type of work stoppage (e.g. work to rule, full walkout). Strikes can only occur between collective agreements, and there are a number of steps the Labour Relations Code requires prior to a strike taking place. This includes a cooling off period, notice to the employer and a vote that is supervised by the Labour Relations Board where the majority of union members who vote agree to go on strike. In essence, a strike involves the cessation of work of two or more employees for the purpose of compelling their employer to agree to their preferred terms or conditions of employment.
The employer has a similar tool, lockout, that can be used for the purpose of compelling the union to reach a collective agreement. The steps required before the employer can lockout are similar to those required for a union to go on strike, except a vote is not required. A lockout involves the employer’s suspension of work by employees. Employees are prevented from attending the workplace and may be prevented from accessing employer provided resources.
It is not uncommon for the parties to engage in countervailing measures if a strike or lockout occurs. In other words, if the employees go on strike, the employer may also engage in a countervailing lockout.
In the event of a strike or lockout, the employer no longer pays the salary and benefit premiums of the employees. The union may provide strike pay that covers all or part of the employees normal salary. Benefits are not discontinued; however, the employer-paid portion of the benefit premiums are either paid by the union or by individual employees to ensure continued coverage.
Who can I contact with questions related to collective bargaining?
The University is committed to providing information on collective bargaining and we value input from our community members. Have questions about the bargaining process? Connect with your manager, union representative, or the Human Resources team. You can also submit a question to bargaining@mtroyal.ca.