January 6th, 2004 Dear Colleagues,

As we return for the new semester, and the beginning of the New Year 2004, the dominant issue on all of our minds is doubtless the status of negotiations between the University and the Faculty Association, including the risk that matters may be on a course leading to a work stoppage. For UPEI, this is new and dangerous terri- tory.

Over the holidays, many col- leagues have expressed concerns about the course of the negotiations, and about what it means for UPEI to be even contemplating a faculty strike. Comments have focused mainly on how a strike would change the climate at UPEI for the long-term. This has not been our way of conducting labour relations. We have had one strike since our establishment as UPEI in 1969, by custodial staff in the mid-1970's. Our history has been marked by positive and collaborative labour relations, which have often required arduous negotiations to work through some considerable and challenging issues. These include the founding of the Faculty Association in 1969-70 in the context of merging two institutions and the development of the Faculty Handbook; the working through of a period of hyper-inflation in the late 1970's and early 80's; combining the Atlantic Veterinary College with a pri- marily undergraduate institution in the 1980's; and, dealing with and recover- ing from the fiscal cutbacks of the mid- 1990's.

It is the nature of labour rela- tions to present, and to address, chal- lenges. At UPEI, we have addressed our challenges through negotiations, with faculty and librarians and with other colleagues. We now have five bargaining units on campus. The process of negotiation comprises a series of steps: identification of priori- ties, outlining of positions, testing those positions at the bargaining table, striving to find mutual ground, and endeavouring to compromise. When this is done in a spirit of respect and

openness, underpinned by common concern for the welfare and success of the institution, things can generally be worked out. That is how it has hap-

inciples to a well- the context and the oncerns of the parties. e a problem for a uni- ‘quires a mutual under- : process is a continu-

ing one, | to subsequent negotia- tions and act on and live with our agre

g a first agreement is well-kno e especially challeng-

ations. There are so uding definitional lan-

ing in lak

guage, g ciples, governance, dispute ri _and applicability, as | well as a and condi tions. It is | tt

e range of issues that the ‘try to address i a fi t t. Th hall

subsequent agreements.

Negotiations leading to the current stage of faculty negotiations have proceeded in three stages: (i) dis- cussions to renew the previous collec- tive agreement under the Faculty Handbook, until late 2000; (ii) discus- sions to reach a first agreement, fol- lowing Faculty Association certifica- tion, from February 2001 to February 2002; and, (iii) ongoing discussions to reach a first agreement, following a change in the Faculty Association executive and bargaining team, from June 2002 to present. Many of us on both sides have found this extended process frustrating, but the only thing to do has been to stay at the table and continue discussions. In the period leading to mid-November of 2003, the parties achieved significant progress on common language. With the presenta- tion of complete proposals by the Faculty Association on November 13th and by the University on December 8th, the stage should now be set for

accelerated discussions leading to a first collective agreement. To be sure, a strike - or a semester dedicated to manoeuvres with a strike in

work together with faculty and students to build an institution in which we all take pride, and where our whole sur- rounding community - notably the province of Prince Edward Island - shares in a sense of esteem and pride in UPEI"s achievements.

UPEI is a "people institution," which achieves its success through an elaborate web of relationships. As a university, we enjoy a very special quality of collective endeavour, esteem, relevance to our home commu- nity and to a larger world, and high standards of excellence in teaching, research and service. To achieve this, we benefit from rich relationships, from a joint sense of mission, and from an institutional culture and traditions

. that would be seriously put at risk by a

strike.

I was a student at UPEI during the 1970's strike, and took part in two faculty strikes at Dalhousie during the 1980's. Strikes, including consideration of whether to undertake or not under-

UPEI Cadre January 8, 2004 page 14

take a strike, entail many risks.

Colleagues become more guarded in their dealings with each other, and can be permanently divided. Students become caught in the middle, and their anxieties are played upon as a piece of the struggle. Staff colleagues feel a new sense of vulnerability. Our sup- portive community begins to question our value. Those leading the effort feel required to castigate "the administra- tion". Any or all of the above will only

hurt UPEI and its long-term well-

being. . Over and above these risks that come with any contemplation of a strike, there are two further concerns peculiar to the context of negotiating a first collective agreement. First, how we reach this first agreement will determine the collective culture of UPEI for decades and generations. If it takes a strike to resolve the differences currently between the parties in this first agreement round, there will be an increased likelihood of strikes in the future. Equally insidiously, if it is per- ceived that it takes the threat of a strike to achieve this agreement, this risks becoming part of our institutional cul- ture, as we develop future collective agreements. That strike preparations have been underway, and that Conciliation was sought, even before the tabling of complete bargaining positions, is not an encouraging signal.

We should all hope that this is not an

indication of a new collective culture. How we proceed in our current negoti- ations, notably how we proceed over the next days and weeks, will set the culture of UPEI for a long time.

My second concern about the prospect of a strike in these negotia- tions is that this would be a very diffi- cult strike to "resolve." There are few, if any, precedents in Canada for a fac- ulty strike in pursuit of a first agree- ment. Where there is no underlying agreement, there is no normative regime to underpin a return to work or to deal with outstanding issues. This is

_ why most Canadian provinces have

legislation empowering the industrial relations board, or another body, to impose a first agreement. Prince Edward Island passed such legislation