conciliation board report between mount allison university and the mount allison faculty association...

8/7/2019 Conciliation Board Report Between Mount Allison University and the Mount Allison Faculty Association (MAFA)

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CONCILIATION BOARD REPORT

BETWEEN:

MOUNT ALLISON UNIVERSITY

(hereinafter called the Employer)

AND:

MOUNT ALLISON FACULTY ASSOCIATION

(hereinafter called the Association)

SPOKESPERSONS: For the Employer

J. Gordon Petrie, Q.C.

Hans vanderLeest

For the Association

Stephen Law

CONCILIATION BOARD: James C. Oakley, Chairperson

Chris Ferns, Association Nominee

Eric Durnford, Q.C., Employer Nominee

DATED: January 27, 2011


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The Conciliation Board was appointed pursuant to Section 62 (3) of theIndustrial Relations Act,

RSNB, c. I-4 (the Act) by the Honourable Martine Coulombe, Minister of Post Secondary

Education, Training and Labour, Province of New Brunswick. The Board Nominees were appointed

on November 9, 2010, and the Board Chairperson was appointed on November 17, 2010. TheConciliation Board was appointed in the matter of a dispute between Mount Allison University and

Mount Allison Faculty Association regarding two bargaining units referred to as Unit 1 - Full Time

and Unit 2 - Part Time. The parties agreed that the conciliation proceedings would apply to both

units. Many of the issues in dispute are common to both units, while some issues apply to only one

unit.

The Board met with the parties on December 9 and 10, 2010 and January 13, 14, and 15, 2011. The

Board endeavoured to bring about agreement between the parties in relation to the matters referred

to it pursuant to Section 66 (1) of theAct. The parties resolved several issues and made submissions

to the Board on issues that were not resolved. The Board would like to extend its appreciation to the

representatives of the parties for their cooperation and assistance. This report represents the findingsand recommendations to the Minister by the Conciliation Board, under Section 68 (1) of theAct.

The report is submitted to the Minister pursuant to the timelines established when the Conciliation

Board was appointed, in particular that the time limit for the Board to file its report would not be

extended beyond January 31, 2011.

In this report, the Board will make recommendations that, if acceptable to the parties, will comprise

the terms of the Collective Agreements. The Boards recommendations are made on the basis that

the common understandings reached between the parties as to matters that have been resolved

subject to settlement of the issues addressed below will be included in the Collective Agreements,

and that there are no further outstanding issues.

The most recent Collective Agreements for Unit 1 and Unit 2 were for terms of 3 years commencing

July 1, 2007 and ending June 30, 2010. The parties had several meetings on their own, and with the

assistance of a conciliator, for the purpose of collective bargaining, prior to the appointment of the

Board.

This report will address the following issues: (1) Term of the Collective Agreements (Unit 1 - Article

40, Unit 2 - Article 41); (2) Salary Scales (Unit 1 - Schedules); (3) Professional Development

Reimbursement (PDR) (Unit 1 - Article 29.06); (4) Dependent Care (Unit 1 - Article 25, Article 28,

Letter); (5) Part Time Tuition Discount Policy; and (6) Part Time Stipend and Seniority Increments

(Unit 2 - Article 30).

Mount Allison University is a primarily undergraduate institution, located in Sackville, New

Brunswick, offering programs in the Faculties of Arts, Science and Social Science. The University

has an established reputation, and has been frequently ranked number 1 in its category in the

Macleans Magazine report. There are approximately 160 full time academic staff (composed of


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faculty and librarians) and approximately 50 part time academic staff. There are about 2500

undergraduate students. There are about 10 to 15 graduate students in specific programs in the

Faculty of Science.

When making its recommendations, the Conciliation Board is guided by the replication principle.

The Board will attempt to replicate as closely as possible the agreement that the Board expects the

parties to reach in the process of collective bargaining. It is important to note that the Conciliation

Board is not an interest arbitration board. The recommendations in this report are not binding on the

parties, until such time as they are accepted by the parties. The parties continue to have the right

of free collective bargaining, as set out in theIndustrial Relations Act. An interest arbitration board

addresses a different situation, because it attempts to replicate what the parties would do if they had

free collective bargaining, and its decision is binding. The primary concern of the Conciliation

Board is to make recommendations that will be useful to the parties to effect a settlement. Therefore

the Board has considered that its recommendations should correspond to what each party would

likely persuade the other party to accept in bargaining. When considering the rationale to supportits recommendations, the Conciliation Board has given the greatest weight to the factors likely be

accepted as persuasive by the parties, as indicated by the presentations to the Board.

1. Term of the Collective Agreements

The Association proposes a 2 year term and the Employer proposes a 4 year term of the Collective

Agreements. Prior collective agreements between the parties have mostly had 3 year terms, although

there have been exceptions, when the parties agreed to shorter or longer terms. The Board

recommends a 3 year term commencing July 1, 2010 and ending June 30, 2013.

2. Salary Scales

The salary scales are set out in the schedules to the Full Time Collective Agreement. There are

separate librarian and faculty salary scales. In the faculty salary scale there are 24 steps from the

Assistant Professor Step 1 level (the floor) to the Professor Step 14 level (the ceiling). The

faculty scales set out step increases for Lecturer, Assistant Professor, Associate Professor and

Professor. Step increases are also set out for the positions on the librarian salary scales. There is a

ratio of 2.124 between the Professor Step 14 level and the Assistant Professor Step 1 level. The

Association has proposed that there be a greater salary increase at the floor of the salary scales than

at the ceiling, and that this result could be achieved by a reduction in the ratio. The Employer

maintains that salaries at all levels compare favourably to those at the comparator universities. The

Employer also has concerns that any reduction in the ratio will have a significant impact on totalsalary mass, given that various components of the salary remuneration package, such as professional

development reimbursement, are calculated by reference to the floor.

The Board has reviewed salary information for comparator universities. One of the persuasive

rationales accepted by the parties in bargaining is to compare Mount Allison salaries with salaries

paid at other universities. The parties agree that it is important that the University recruit and retain


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the best qualified faculty and librarians in order to maintain its high ranking among primarily

undergraduate universities. The Employer considers its competitors for recruitment and retention

purposes, and therefore the most appropriate comparators, to be the Maritime primarily

undergraduate universities of Acadia, Mount Saint Vincent, St. Francis Xavier, Saint Marys,University of Prince Edward Island, St. Thomas, Moncton and Cape Breton. Both parties presented

information comparing Mount Allison University salaries with this group of comparators. The

Association submits that the appropriate comparators include other New Brunswick Universities,

in particular, the University of New Brunswick (U.N.B.) which is ranked in the comprehensive

category of universities. The Board has considered the Report of the Conciliation Board in

University of New Brunswick and Association of University of New Brunswick Teachers dated

January 12, 2011. Both parties referred to this Report in their presentations. The U.N.B. Report had

the effect of an interest arbitration award, because the parties had agreed in advance to be bound by

the Report. The Association also submits that the primarily undergraduate universities across

Canada are appropriate comparators, but this was disputed by the Employer.

The Board has considered recent salary adjustments in faculty bargaining units at other universities.

At Saint Marys, Cape Breton and St. Francis Xavier, in 2009, the parties negotiated 2.9% annual

increases. At Acadia University, the parties recently negotiated annual increases of $500 over 3

years, representing 0.5% annual increases. The Conciliation Board Report for U.N.B. sets out semi

annual increases for a 4 year term commencing July 1, 2009, corresponding to 0% in the first year,

and 2.5%, 3.5% and 3.5% in the next 3 years, for a total of 9.5% (excluding the effect of

compounding). The increase in the Mount Allison salary scales for the 2009-2010 year was 3%.

The Employer submits that, if U.N.B. is used as a comparator, when the 3% already received by the

Association is included, there is a remainder of 6.5% available for the 3 year term of 2010 to 2013.

The parties refer to the effect of inflation and various CPI statistics. For example, the Board wasinformed that the annual increase in CPI for Canada as of January, 2010 was 1.9% and for New

Brunswick as of November, 2010 was 1.4%. The Association submits that salary increases should

at least keep pace with forecasted inflation rate increases of about 2% annually.

The parties discussed other factors. The Employer refers to the local cost of living, the general

economic conditions in the Province of New Brunswick, the Provincial Government fiscal situation,

the Government employee wage freeze, and the effect of any reduction in the Government grant to

the University. The Employer notes that student tuition fees are the highest among the Maritime

primarily undergraduate universities. The Association points out that student enrollment has

increased, with no increase in faculty complement, and the University benefits from a corresponding

higher productivity. The Association also points out that its members have a defined contributionpension plan. The effect is that the members, and not the Employer, bear the risk of downturn in the

financial markets. The Association submits that the University is in a good financial position, with

an excess of revenue over expenses on the most recent annual financial statements. The Employer

does not accept the Associations assessment of its financial situation, and submits that there are

significant deferred maintenance, structural deficit and other financial issues.


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Having considered the submissions, and the replication principle, the Conciliation Board

recommends that the salary scales be adjusted annually by the following amounts:

July 1, 2010 2.5%July 1, 2011 2.5%

July 1, 2012 2.5%

3. Professional Development Reimbursement (PDR)

The Association has proposed an increase in the PDR from 4.0% to 4.25% of the Assistant

Professor, Level 1 salary. The Employer submits that the PDR is already significantly higher than

at all other comparator universities. The Employer proposes fixed PDR dollar amounts that are not

linked to the floor of the salary scales. The Employer agreed during negotiations to provide a special

professional development reimbursement account during an employees sabbatical leave in addition

to the regular PDR. Having considered the submissions, and the amount of the increase, the Boardrecommends that the PDR be increased to 4.25% of the Assistant Professor Level 1 salary.

4. Dependent Care

The parties acknowledge the importance of child care, and have discussed several issues with respect

to dependent care and child care services for employees. The parties have agreed on some, but not

all items, in a package of proposals for Articles 25 and 28 of the Collective Agreement. The Board

was informed that the York Street Childrens Centre (York Street) operates as a not for profit child

care centre in a facility where the University provides various services, including maintenance and

custodial services. Although priority is given for Mount Allison University employees, there are not

sufficient spaces to meet the demand, and some faculty and librarians make other child carearrangements. The Association proposes a grant of $1,200 for its members who make other child

care arrangements, on the basis that the amount of the grant is approximately equal to the amount

of the University subsidy of each child at York Street. The Association also proposes that the

University commit in writing to continue its support of York Street and provide additional financial

support. The Employer objects on the basis of cost and other grounds. The Association has also

proposed an extension of child care leave from 30 to 35 weeks, which the Employer maintains is not

appropriate given the fact that the existing child care leave provisions are more generous than at all

other comparator universities.

The Board has considered the submissions on these issues and makes the following

recommendations:

- Employer to accept extension to child care leave with 95% salary from 30 to 35 weeks

- Association to accept Employer proposal for 30 days notice to extend maternity leave

- Employer to provide a letter to be attached to the Collective Agreement in which the

Employer agrees to continue to support the York Street Childrens Centre. Employer does

not commit additional financial support to York Street.


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5. Part Time Tuition Discount Policy

The parties discussed the issue of a tuition fee discount in bargaining, but did not reach agreement.

The Board was informed that the current status is consistent with that at comparator universities inthe Maritimes. The recommendation of the Board is that there will be no tuition fee discount for part

time employees.

6. Part Time Stipend and Seniority Increments

The part time stipend amount at 8.5% of the Assistant salary floor is at or near the top compared to

the primarily undergraduate universities in the Maritimes. It is noted that the stipend amount will

increase when the salary floor increases. The Board recommends that the stipend amount remain

at 8.5%. The part time stipend has a seniority increment, currently at 2.5% and 5%. The Association

and the Employer have made proposals with respect to adjusting the seniority increment. The Board

recommends that the seniority increment be 4.5% and 9%.

Summary of Recommendations

The Board recommends the following:

1. The term for the Collective Agreements shall be 3 years commencing July 1, 2010 and

ending June 20, 2013.

2. The salary scales for Unit 1 shall be adjusted as follows:

July 1, 2010 2.5%July 1, 2011 2.5%

July 1, 2012 2.5%

3. The Professional Development Reimbursement (PDR) shall be increased to 4.25% of the

Assistant Professor Level 1 salary.

4. The issues related to dependent care shall be resolved as follows:

- Employer to accept extension to child care leave with 95% salary from 30 to 35

weeks

- Association to accept Employer proposal for 30 days notice to extend maternity leave- Employer to provide a letter to be attached to the Collective Agreement in which the

Employer agrees to continue to support the York Street Childrens Centre.

Employer does not commit additional financial support to York Street.


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conciliation board report between mount allison university and the mount allison faculty association...

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