What is a negotiation mandate?

A negotiation mandate is a set of ‘ground rules’ for the negotiation process. It may include an outline of the members of the team, timelines for starting and concluding negotiations (known as a strike deadline), and expectations around availability, knowledge, and authority of those at the table, for example. The goal of a mandate is to improve the process of collective bargaining for all parties so there is no confusion about what is expected at the negotiation table.

What happened last time in negotiations when we didn't have a mandate?

Previous negotiations have taken from 14 months to 4 years. This period is too long in terms of our time and money and prevents members from having access to deserved wage increases and other important contract changes.
- We have had periods of time where our contract has been shorter than the time it took to negotiate these contracts – one contract took 4 years and members of the team retired during these negotiations.
- During the last negotiation, Management provided an ‘asking package’ that was not a proper and complete asking packing. Management’s asking package consisted of several sheets of paper with one line such as “We want to discuss Article 14”. This could be considered ‘bad faith bargaining’ and can result in a complaint to the Labour Relations Board under “failure to bargain”.
“Failure to Bargain This is also called bargaining in bad faith. It happens when a party slows down, avoids, or stops the process of collective bargaining in an improper way, or does not try to agree in a reasonable way. When this happens, a party may file a complaint with the Minister of Labour and Advanced Education. The Minister may refer the complaint to the Board to take action.”
- During several sessions of the last round of bargaining, Management came to the table unprepared to bargain. Management would then take a caucus for hours to prepare for the session, wasting bargaining time for which our team had prepared.
- Management sent a hefty bill to the NSCCAU in reference to Article 37.2 Union Leaves with Defined Maximums. This was done, despite the fact that no Union representative was replaced in their role by anyone else during the negotiation time; all Union representatives continued to perform all the duties of their roles.

How have our wages been affected by these last few negotiations?

Based on the last five contracts, our wage increases are currently approximately 11.5% behind inflation. This affects not only your wages, but your pensions, and any investments towards your future.
Think about the compounded effect of your current wages being behind inflation by 11.5%.
A long and delayed negotiation process impacts the ability to receive deserved wage increases in a timely manner.
For those of you that are close to retirement or thinking about retirement, long drawn-out negotiation processes prevent you from having a clear picture of your best five years of income, which directly affects your pension income.

Do we vote for a negotiation mandate?

We will ask you to vote electronically on June 6th and 7th to support our negotiation mandate which includes what is known as a ‘strike deadline’ or a date at which we will walk away from the table if negotiations are not going in a positive manner for our members.
The Negotiation Mandate vote will be available for a 48-hour period, on June 6 and 7. We will be using an online election system (Election Buddy) to tabulate our votes. The same system has been used for NSCCAU Executive elections for the past 2 years. You will be assigned a unique access key which can only be used to vote once, and your voting choice will remain anonymous.
We would like to achieve a very high percentage on this vote, hopefully in the 90th percentile, to illustrate to management that we have the support of our members to take a stronger, firmer stand with the negotiation process in terms of not tolerating any arbitrary delays, or any form of bad faith bargaining.

Does a vote for the Negotiation Mandate including a 'strike deadline' mean we are voting for a strike?

It does not! This is a vote for a Negotiation Mandate including a deadline by which we would like to see negotiations concluded. It is not a vote for a strike.

What happens when we reach the Negotiation Mandate 'strike deadline'?

If we reach the strike deadline and we are making good progress at the table with management, we can choose to continue and hopefully achieve an agreement acceptable to our members. If things are not going well at the table when we reach the strike deadline a number of steps could take place.
- We could seek conciliation, where a conciliator brings the parties together in the hopes of reaching an agreement but without any authority to make decisions on behalf of either party. Other options to reach an agreement could include hiring a mediator to help with the negotiation process, or we could ask for binding arbitration.

What happens if things go badly and we want to strike?

Following unsuccessful conciliation, we are required by law in Nova Scotia to have a 14 day ‘cooling off’ period. During this time, we would hold a ‘strike vote’. Q/ What is a strike vote?
- A strike vote is undertaken by the union and provides bargaining unit members with the opportunity to vote to give the union a mandate to commence a labour action(strike) in the event that parties reach an impasse in collective bargaining. A successful strike vote is required before a legal labour action can be commenced by the union and does not necessarily mean there will be a labour action (strike).
- If we received majority support for the strike, we would provide 48 hours notice to the Minister of Labour to commence a strike after the ‘cooling off’ period has expired. However, even during this cooling off period, further bargaining at the table can continue to take place to avoid a strike.

How will the negotiation process be different this time?

We are very hopeful that a strong mandate, solid asking package, good research and a strong team at the negotiation committee will improve the overall negotiation process and hopefully result in a contract with which the members are happy in a much shorter time frame that in the past.

Where can I find out more information about the negotiation mandate?

We recently held two Town Halls on the Negotiation Mandate with Professional Support and Faculty, and the early response to the mandate was very favourable.
There will be additional Town Halls by schools during the week of May 15th - 19th. These sessions are open to ALL employees and if you are unable to attend the scheduled date of your school, feel free to attend an alternate. Professional Support members can feel free to attend any meeting that works for your schedule. Meeting links will be sent in advance of these dates.
- May 15/23 Town Hall School of Access, Education & Language @ 12pm
- May 16/23 Town Hall School of Business & Creative Industries @ 12pm
- May 17/23 Town Hall School of Health & Human Services @ 12pm
- May 18/23 Town Hall School of Technology & Environment @ 12pm
- May 19/23 Town Hall School of Trades & Transportation @ 12pm

What is a strike vote mandate?

A strike vote mandate is NOT a vote to strike. It is an important step to gain strategic leverage during our negotiation process. In fact, a YES vote with a strong mandate is often the best way to secure a reasonable settlement from our employer without a strike. A strong strike vote increases pressure on the employer to bargain seriously with the union team.

When must a strike vote take place?

The AAU has set January 15, 2024, as our strike deadline. It is important that the strike vote occur at least a month or two before this deadline. Taking a strike vote does not prevent negotiations from continuing. If we are making good progress, we will continue to negotiate up to the strike deadline and perhaps beyond that date. The strike vote, though, is a necessary tool to give the AAU Executive the authority to call a strike should the Executive Team conclude that such a step is necessary to reach an acceptable agreement
If we feel that we are not getting a contract with which our members will be happy we may file for Conciliation to help us get to an agreement. (More about that below.)

How does a strike vote work in Nova Scotia?

A majority vote is sufficient to pass a strike vote. The stronger the vote, the less likely a strike may occur, as it alerts the employer to the collective strength and resolve of its membership.
A high turnout is important because it shows membership is engaged with the bargaining process. A strong “YES” vote is also important because the union is strongest when it is united. The employer will be much more likely to negotiate seriously if they know that the vote represents a real threat, or stoppage to the operation.
Often a strong strike mandate alone is sufficient to get the employer to take the union seriously in negotiations. Indeed, very often faculty associations achieve agreement with their employers in the period between a strike vote and the time a strike would begin.

Why is it important to participate in a strike vote?

The most effective strike mandate vote has a high turnout (the proportion of members who vote) and a strong strike mandate (the proportion who vote yes). A high turnout together with a strong strike mandate sends a signal to the employer that we are serious about our proposals and positions.

What if I don’t vote?

Under the Nova Scotia Trade Union Act, strike votes are calculated based on the total number of members in the bargaining unit. If a member doesn’t vote, it essentially works as a “NO” vote to a strike.

When will the strike vote happen?

An electronic, secret ballot strike vote will be conducted towards the end of November (exact date to be communicated shortly). Members will not be able to vote before or after the designated voting period.

How will I vote?

We will have two separate votes: one for Faculty and one for Professional Support. The vote will be available for a 48-hour period for Faculty and Professional Support. We will be using an online election system, ElectionBuddy, to tabulate our votes. The link for ElectionBuddy will be sent to you in a separate email to your personal address and your vote will be anonymous.
The subject line will be ElectionBuddy: Strike Vote, and the email will be from electionbuddy.com (check your clutter/junk folder if you don’t see the email). Please check your personal non NSCC email address that is registered with the AAU. Contact the AAU office if you have not provided a non NSCC email address. The link to the ElectionBuddy System will be sent to this address only.

Who do I contact if I encounter voting issues?

Please contact the AAU office at (902) 229-4005 if experiencing any difficulties.

What could happen after the vote — Conciliation?

After a successful strike vote, the Bargaining Team returns to the bargaining table empowered to negotiate a good contract for both units. If the employer still doesn’t take bargaining seriously, we move to next steps.
As mentioned above, either party can apply to the government for a Conciliator. Once the Conciliator is appointed, they will schedule a series of meetings with both parties. If no agreement can be reached, the conciliator files a “No-Board” report, which indicates to the Ministry of Labour that the parties are too far apart to reach an agreement. After the No-Board, there is a mandatory wait period of 14 days called a ‘cooling off period’ during which we must provide the Minister of Labour with 48 hours notice of calling a strike. Even during Conciliation both parties can continue to negotiate, as well as during the cooling off period. We will do everything we can to avoid a strike and still get a contract that is fair and reasonable and meets your needs.
Any tentative agreement will be brought to our members to understand the offers from the College and it will be up to you to vote on the agreement or reject the agreement.
As explained above, once we are in a strike position, the decision to strike will be in the membership’s hands. The entire strike mandate timeline gives the Bargaining team ample time to try to reach an agreement with the employer, assuming the employer is willing. A strike is always the last resort.

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CA Negotiations