After members voted decisively against Chartwell’s substandard proposal, the employer has asked to go straight to first contract arbitration, skipping enhanced mediation.
Your bargaining committee has decided not to object to moving to arbitration, and here’s why:
The alternative would be to push to go through a process called enhanced mediation. By skipping this step, we will speed up the process toward reaching a collective agreement. Timelines are always difficult to predict, but we estimate that this route will result in a collective agreement by next spring.
The downside of the faster process we have chosen is that members will no longer have an opportunity to vote on a final collective agreement. It also means that we would not have the option to go on strike to push Chartwell to accept the mediators’ recommendations or other terms and conditions.
Instead, the arbitration board will consider the union’s and employer’s arguments about what your collective agreement should look like, along with consideration of the broader seniors-care and healthcare industry and economic factors. The arbitration board will be made up of one union nominee, one employer nominee and one chair, chosen by the other two nominees. The board will decide on your collective agreement and their decision will be final and binding.
We believe this process will be in our favour, since all we have been asking for since the beginning is what other AUPE first agreements in seniors care look like. The arbitration board will take into account those comparators and other arguments about how your work should be valued.
We probably won’t be happy with everything the arbitrator decides, but at least we will have our first collective agreement in place, and we can use that first agreement as a base to keep pushing for more improvements in the next round of bargaining.
A strike is difficult at the best of times, and given all the complications of the pandemic, your committee did not feel it was essential to keep that option open at this time. By choosing to move more quickly to arbitration, we will have an agreement in place that will hopefully bridge us out of the pandemic, so we can regroup and prepare to take Chartwell on again in a couple of years.
Considering our options was a bit like a “choose your own adventure” story, with potential twists and turns in the final phase of our journey to a collective agreement.
Here is what our journey might have looked like if we had taken the other path:
- If we had decided to object, there would have been a hearing at the labour board to decide whether our next step would be enhanced mediation or arbitration. That would take time—weeks, if not months.
- The outcome of a hearing could have gone either way: back to our original plan to go through enhanced mediation, or straight to arbitration.
- If the outcome had been enhanced mediation, that process would also take more time: meeting with the mediator, who listens to both sides and then writes a recommendation for the collective agreement that both sides vote on.
- But even when members vote in favour of the mediator’s recommendations, employers still have the option to reject them—and that would lead us back to where we are now . . . heading to arbitration.
- The other “adventure” that could have come to pass had we taken the other path is a strike or a lockout.
With the clear result from the proposal vote, we have already shown Chartwell that we are strong and united enough to fight for what we deserve. Because of that, we will be heading into arbitration from a position of strength. We will ask the arbitrator to consider the determination our membership has shown to stand up for yourselves, your rights and your residents.
Congratulations on your mobilization during the proposal vote, and thank you for all your support for your bargaining committee!
We will continue to keep you informed as we move through the arbitration process. As always, please feel free to contact your committee members or AUPE resource staff with any questions, comments or concerns you may have.
*In case you missed it, here were the results of the vote, which was counted on Dec. 2: 245 eligible voters; 187 ballots returned (76.3%); 180 NOs (96.3%); 7 YESs (3.7%).
CHARTWELL BARGAINING TEAM MEMBERS:
GREISBACH
Bernie Kelly bkelly58@shaw.ca or 780-717-9130
HERITAGE VALLEY
Ben Kiwang ysagada1972@yahoo.com or 780-885-3210
WILD ROSE
Stella Diaz sbangalisan.24@gmail.com or 780-721-6496
AUPE RESOURCE STAFF
Merryn Edwards Negotiator, 780-952-1951 or m.edwards@aupe.org
Guy Quenneville Membership Services Officer, 780-237-8253 or q.quenneville@aupe.org
Michelle Szalynski Organizer, 403-634-8262 or m.szalynski@aupe.org