UPEI Faculty Association accuses government of interfering in contract negotiations
'They are essentially denying us our constitutional right to be in a position to withhold our labour'
The UPEI Faculty Association says it has secured funding for a legal challenge against the P.E.I. government, which the union accuses of "interfering" in contract negotiations between it and the university.
Discussions between the two sides on a new contract began in April.
In August, the faculty association asked Minister of Economic Growth Bloyce Thompson to appoint a conciliator to oversee negotiations — a move the university opposed.
Then, in November, the union asked the minister to bring conciliation talks to a close — with the university arguing the talks should continue.
Under the Labour Act, a report from the conciliator is required before either side can be in a legal strike or lockout position.
The act also stipulates that the report is to be filed within 10 days of the first meeting between the two sides involving the conciliator, but it also gives the minister the discretion to extend that time period.
The first conciliation meeting was held Sept. 28.
What we're alleging is that they are substantially interfering in our collective bargaining process.— Michael Arfken
"What we're alleging is that they are substantially interfering in our collective bargaining process by continuing conciliation well past the time that it should be continued," said UPEIFA president Michael Arfken.
"They are essentially denying us our constitutional right to be in a position to withhold our labour."
There are three more conciliation dates set before the end of December.
If the talks aren't brought to a close before then, Arfken said the faculty association will file for a judicial review using funding from the Canadian Association of University Teachers, a coalition of faculty associations from more than 60 campuses across the country.
UPEI 'optimistic'
In a statement, a spokesperson from UPEI said the institution "continues to be optimistic that a negotiated collective agreement can be achieved."
"The University believes that the conciliation process is helping the parties resolve the many proposals and issues raised by the UPEI FA and that the parties should continue to meet with the conciliator. Some progress has been made on key issues, but a number of issues still need to be addressed."
Among the outstanding issues, according to the faculty association: mental health benefits, the number of full-time faculty, and salary. The union said it wants salary increases that reflect inflation, and that the university had not tabled a counter-offer.
According to documents posted on the faculty association's website, the two sides did agree to this much last week: a list of positions at the Atlantic Veterinary College to be considered essential to continue to provide care for animals in the event of a strike or lockout.
With files from Kerry Campbell