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