Volume 27, No. 7 Editor: Mark Langer March 1997. CUASA BURSARIES ENDOWED On March 4, 1997, CUASA Council voted to provide $20,000 to Carleton University in order to endow the CUASA bursaries. For more than 20 years, CUASA has provided a number of bursaries for Carleton students (currently five at $300 each) by using the interest generated from invested funds. This year, the Ontario Government created the Student Opportunity Fund which provides matching funds from the Government for any endowed bursaries. By providing $20,000 to endow the CUASA bursaries, the Government is obligated to provide a matching amount. The Director of Development and Alumni Services has assured CUASA that endowed funds may only be used for the purpose of providing bursaries, that the fund will be protected against inflation as part of the investment strategy and, that CUASA will receive annual reports on the fund management. This means that CUASA will loose control over the $20,000 which it has provided to Carleton but, with proper investment, either larger or more bursaries will be available to Carleton students from Ontario. Concerned about increasing tuition fees, Council also decided to pledge an additional $15,000 to be raised over the next two years. Such pledges are only eligible to receive matching government funds if made prior to March 31, 1997 and there is no penalty for failing to meet the pledged amount. NEGOTIATIONS UPDATE It's getting to be that time of year again. Our current collective agreement expires on April 30 and a new round of collective bargaining, or something approaching it, is about to begin. But this year there is a new wrinkle which it is important for all members of CUASA to understand. Goodbye arbitration ... At the end of January management served notice that it was withdrawing from our joint commitment to submit all unresolved issues to arbitration. This is the second year in a row that management has refused to countenance the idea of submitting its bargaining position to impartial third-party scrutiny in the event that a settlement cannot be reached through collective bargaining. CUASA has always favoured arbitration, not only because it is a civilized dispute-settlement mechanism but also because it works as an effective reality check to keep the negotiating positions of both sides within a reasonable distance. Although CUASA has no choice but to accept management's decision, we are certainly not happy they have again chosen to do without the sensible discipline that impartial arbitration imposes. ... hello interest-based bargaining At the same time as it rejected arbitration, management invited CUASA to participate in something called "interest-based bargaining" (IBB). IBB, as we have learned, is intended to replace conventional negotiations by an extended series of joint sessions that are run along problem-solving lines and directed at finding a consensual settlement that will meet the interests of both parties. After meeting with management to discuss this option, and after obtaining additional information on its procedures and track record, CUASA Council has decided to give IBB a try. Why CUASA has concerns about interest-based bargaining Management has consistently presented IBB as a way to reach a quick settlement. Problem is, nobody else seems to agree with them. The experts we have consulted, including those recommended to us by management, have all told us that IBB actually requires more time, not less, than conventional bargaining. Given that fact, and given that management waited until the end of January to raise the prospect of IBB (why not last fall?), we are concerned that they may really want fast-track talks in which "joint problem solving" comes down to our saying yes to their numbers and their position. That is why CUASA has insisted that IBB sessions must be assisted by an experienced professional facilitator who will keep our feet to the problem-solving fire and exclude any take-it-or-leave-it package deals. Why CUASA has agreed to interest-based bargaining CUASA has decided to go ahead with IBB because we want to do all we can to reach a new collective agreement that will be both fair to our members and compatible with the long-term financial viability of the university. If IBB can help us reach that goal, so much the better. If it cannot, at least we will have given it a try. The text of the protocol follows: Protocol For Interest-Based Bargaining 1. Each party will appoint its own bargaining team. 2. The employer will provide financial information to CUASA by 4:00 p.m. on March 11, 1997. 3. The parties agree to meet in interest-based bargaining with the assistance of a facilitator to be mutually agreed upon, the costs to be divided equally between the parties. 4. The parties agree to meet in interest-based bargaining with the following objectives: (a) to identify the interests to be addressed; (b) to identify a range of options to be explored in addressing those interests; (c) to narrow the range of options with a view to a renewal of the collective agreement; and, (d) to agree on the terms for renewal of the collective agreement. 5. No proposal or position stated by either party during the discussions shall be considered a formal proposal unless it is expressly stated by that party to be a "formal proposal". 6. All discussions, disclosures, proposals or other communications between the bargaining teams, and between each team and its principals, shall be confidential, and there shall be no other public communication except as agreed by the bargaining teams. 7. Either party may terminate the proceedings at any time, without reasons. If the proceedings are terminated, this fact shall be communicated by a joint statement, and there shall be no other communication concerning these proceedings except as agreed by the parties. 8. Termination of these proceedings by either party shall constitute formal notice to bargain pursuant to Article 32.3 of the collective agreement, in which case bargaining shall proceed pursuant to the collective agreement and all discussions, disclosures, proposals, and other communications pursuant to these proceedings shall be deemed to have been off the record and without prejudice.