BU mediation fails

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This article was published 04/11/2011 (5468 days ago), so information in it may no longer be current.

Brandon University and its striking professors said Thursday evening that mediator Michael Weirer has declared an impasse in the 23-day labour dispute.

Werier will now write a report for Labour Minister Jennifer Howard, outlining the issues both resolved and unresolved, and will make a non-binding recommendation on the next step in resolving the two sides’ differences. That report is expected to be in Howard’s hands by Monday.

This morning, the BU faculty strike will have exceeded the 24-day provincial post-secondary faculty strike record set by the University of Manitoba in 1995, with seemingly little hope for a quick resolution.

“We have used all the resources,” said Grant Mitchell, a Winnipeg-based lawyer hired as the administration’s negotiator. “This was a process that was picked by the union and a mediator that was chosen by the union and they haven’t reached an agreement and students remain out of their classes.

“We can’t force them to arbitrate for another month and it’s frustrating. But we will do whatever we can to get students back in their classes.”

Both BU administration and Brandon University Faculty Association exchanged proposals on Thursday, and while agreement was made on a two of five sticking points and they came close to resolving a third, the two sides remain far apart on salary increases.

“We are prepared to negotiate a settlement on this matter, even though the mediator has declared an impasse,” BUFA president Joe Dolecki said. “They haven’t moved on money since last Wednesday. They have this fixation on arbitration. We are committed to the collective bargaining process and we will not submit to arbitration.”

Previously, administration stated a willingness to settle the contract dispute through arbitration, while the faculty union was willing to put a portion of the salary question before an arbitrator, or hold negotiations on the final year’s salary increase at a later date.

“On Monday, they were willing to arbitrate one of the years of the contract and (on Thursday), they want a wage reopener, which means if the parties negotiate two years from now and can’t agree, the union goes on strike two years from now instead of three years from now. I got that very clearly from (BUFA lawyer Kathy McIlroy) and we got that in writing.”

Dolecki said the union is willing to negotiate even though an impasse has been declared, but won’t give in to requesting an arbitrator.

“We believe arbitration is subversive to the principles of the reality of collective bargaining,” Dolecki said. “We have offered arbitrating one of the salary years and they rejected it. There comes a point in time where you have to ask, what do they really want?

“If they want to come to the table and talk face-to-face and have some movement on the salary points, we’re here. We’ll talk.”

Mitchell said those negotiations weren’t likely to take place.

“Unless the union changes their approach, they will be walking around the campus and not teaching any classes,” Mitchell said. “(Negotiate) to what end? If you say the same thing for four weeks, what’s the point of saying it again? We have met with (BUFA) every time he is willing to meet and he doesn’t change. It’s still the same stuff. What changed today was now instead of arbitration in two years, they want to strike in two years.”

Once Howard receives the mediator’s report, she has broad powers at her disposal that can force a settlement. Arbitration can be imposed or she could instruct both sides to go back to the bargaining table, Dolecki said.

Mitchell said the university would attempt to find ways to resolve the impasse.

“Somehow, we have to get students back into class and save this term,” Mitchell said. “We will do whatever we can to do that, short of saddling them with a terrible collective agreement. The term is already at risk, but it’s not devastated. The union indicated … if students are back in class on Monday, the term could be saved.

“If Joe agreed to mediation, they could be back in class (today).”

Brandon University’s faculty strike will become the longest in the province’s history at 7:32 a.m. today.

The professors’ strike will surpass the record 23-day faculty strike at the University of Manitoba in 1995 as it enters its 24th day.

» kborkowsky@brandonsun.com