In a binding interest arbitration, both parties have agreed to put these outstanding issues to a neutral, third-party arbitrator, who will review each party’s positions and make a final decision that will be binding on both parties. The arbitrator’s decision is made independently and will be informed by the parties’ submissions and legal principles.  

The arbitration proceedings take place on March 11 to 13 at 8:30 a.m. and can be viewed here.

Please note that recording of either or both of the audio or video of this hearing is strictly prohibited. All forms of Zoom recording have been disabled.

Over the past few weeks, we shared four adjusted academic schedules with you that were established as a result of time lost during the labour disruption. I am now confirming with you the final dates that were passed today in Senate, the academic governing body of the university. These are the dates that we will be using for the remainder of Fall Term 2021 and for Winter Term 2022.

I am very pleased to announce that adjustments have been made to the previously released academic schedule to allow for a full Winter Term Break (Reading Week) during the initially scheduled time of February 22 to 25, 2022. Specifically, the length of the Winter Term exam period was compressed and those exams are now restricted to a maximum of 2 hours. We know this time is important to you, and I hope that you will find the Winter Term Break restorative.

As communicated previously, there will be no classes or exams held during the university closure that is scheduled for December 24, 2021, through January 4, 2022.

Confirmed academic schedule modifications

Below are key Fall and Winter Term dates approved by Senate today. Please visit the important dates website for all relevant dates, including the registration period and dates for graduating students.

Key dates include:

I appreciate your patience and understanding as we aim to get the academic year back on track. I encourage you to visit the strike website for answers to many frequently asked questions and the post-strike support website for strategies and resources to help you transition back to post-strike learning. For any other questions you may have related to the strike, please email strikeum@umanitoba.ca.

My best,

Laurie

The work of our faculty matters. It improves health outcomes and quality of life for people around the world. It drives the economic, social and cultural success of our province. And most importantly, it supports the educations and futures of each of our students. Our community is aligned in our commitment to the university’s mission and vision, and now is our time to advance that important work together.

This has been a very challenging time for our entire community. I regret the impact of the labour disruption on our students and recognize there is a great deal of work ahead in setting the academic year back on course. We now have an opportunity to learn from this experience and recommit to the exceptional work and learning environment to which we all aspire. 

Thank you to the many faculty, staff and students who have reached out to me. I, our Board of Governors, and everyone on our executive team have heard your voices and greatly value your opinions and diverse perspectives.

The path ahead will not be easy. As we move forward, we must commit to communicate openly, listen to one other, and engage in respectful dialogue to better address the challenges before us. I think it is important to reflect on our negotiation process and ensure that our approach to bargaining is meeting our shared needs.

Right now, our priority is welcoming everyone back and ensuring our community is well-supported through this transition.

We thrive in community; we support one another, and we learn from each other. We still have much more to accomplish, and I am grateful we will be coming back together to continue our institution’s life-changing work.

More detailed information about classes, exams and student support services will be emailed directly to students.

The negotiating teams made progress on key issues, resulting in a tentative agreement that the UMFA Executive is recommending their members ratify. Classes are expected to resume Tuesday, December 7 if the agreement is ratified.

The University Bargaining Team expressed gratitude for the assistance provided by the mediator, Arne Peltz, and to UMFA for working together to find a solution.

“This has been a very challenging period for our entire community and it is time to move forward. We are aligned in our commitment to the mission and vision of Manitoba’s research university and to creating an exceptional work and learning environment. To our students, this has been especially hard on you. As we resume classes and interrupted research, we are committed to providing you with the support you need during this transition,” said Michael Benarroch, President and Vice-Chancellor.

“I know this strike has impacted you personally and affected your perceptions of our institution. We are committed to providing a rapid transition back to class so that you can successfully complete the academic year.”

More detailed information about classes, exams and student support services will be emailed directly to students today.

The university has agreed to accept the mediator’s recommendation.  

University of Manitoba-UMFA Collective Bargaining Mediation

Mediator’s final recommendation to the parties – Thursday November 25/21

1. On Sunday November 21, 2021, after 28 days of mediation, I advised the parties as follows:

There is no likelihood that the parties will reach a settlement of outstanding differences without a protracted continuing strike.  Such an ongoing work stoppage is detrimental to the parties, their relationship, the student body and the community as a whole.  I therefore recommend that all outstanding differences be remitted by the parties to voluntary, binding, independent interest arbitration … 

2. The University accepted this recommendation.  UMFA did not.  Mediation continued.  However, my persistent efforts over the past four days have been unsuccessful.  The parties remain far apart.  I therefore reiterate my recommendation that all outstanding differences be referred to binding interest arbitration.

3. Interest arbitration is a recognized component of the collective bargaining process.  It can resolve disputes where the parties are simply unable to reach an agreement on their own.  It can be especially useful where there are innocent third parties seriously impacted by a strike – here students. 

4. In this case, there are both monetary and operational issues outstanding.  Based on intensive discussion with the parties, I have drafted a customized arbitration referral which in my view is suited to the issues and will be fair to both parties, as follows.

(i) The parties will appoint a sole arbitrator by mutual agreement.  If they cannot agree, the arbitrator will be appointed by the Chair of the Manitoba Labour Board.

(ii) The parties will conclude a Return to Work Agreement as soon as possible and UMFA will terminate the strike.  Any unresolved issues respecting return to work, including the claimed full pay and benefits for strikers, will stand referred to the arbitrator for determination along with the outstanding collective agreement issues.

(iii) The arbitrator will apply established interest arbitration principles including replication.

(iv) In making a salary award, the arbitrator will consider the parties’ mutual aim to achieve reasonable advancement in the U15 Group of Canadian Research University Salary Standings toward the 25th percentile during the life of the collective agreement.  

(v) Bargaining mandates issued by government will not be considered by the arbitrator.  

(vi) Notwithstanding paragraph 4(iii), governance proposals will be considered by the arbitrator on their merits, with a view to achieving a fair and reasonable result.  Governance proposals will not be rejected by the arbitrator on the basis that operational issues are better left to collective bargaining as opposed to interest arbitration.

(vii) While awaiting the arbitration hearing, the parties are encouraged to negotiate and/or mediate, which may narrow the issues or facilitate a settlement before hearing. 

5. The University has accepted the foregoing.  UMFA has not.  UMFA insists that all issues except advancement in the U15 Salary Standings (Recruitment and Retention Adjustments or R&R) be settled by negotiation, and only then will it arbitrate R&R.  This precondition is wholly unrealistic and unworkable.  Students should not continue to suffer during a leisurely and ultimately futile negotiation.

6. I urge UMFA to reconsider.  There is no need for this strike to continue.  If it does, this will not be because of a restrictive government mandate or employer intransigence.  Like the University, UMFA should be willing to subject all its proposals to scrutiny before an independent arbitrator and to live with the result.

7. I see no further value in mediation at this time.

ARNE PELTZ,
Mediator

UM UMFA contract mediation 2021 final recommendation Nov 25 2021

“We know that this ongoing work stoppage is detrimental to our entire community, especially our students, and that is why we accept the mediator’s recommendation for moving to binding arbitration. At this time, this is the best path forward to end the strike, get students back to classes and reach a fair collective agreement,” says Michael Benarroch, University of Manitoba President and Vice-Chancellor.

The university accepted the mediator’s recommendation for binding arbitration for these main reasons:

1. It gets students back to into the classroom. Once both parties agree to arbitration, they will conclude a Return-to-Work Agreement as soon as possible and UMFA will terminate the strike.
2. The arbitrator is fully independent. The arbitrator makes all decisions independently and is not required to comply with any government mandates or direction.
3. All proposals from both parties will be carefully considered. The mediator has recommended that proposals be considered by the arbitrator on their merits, with a view to achieving a fair and reasonable result for both parties, instead of defaulting to status quo determinations for both monetary and non-monetary issues.
4. Negotiations can continue to take place. Both parties can continue to bargain and work with the mediator while waiting for arbitration to begin. The arbitrator will consider all issues that remain unresolved at the time of arbitration.

The university and UMFA have used binding arbitration in the past to reach collective bargaining agreements.

“We’ve heard from students, the community and many faculty members that we need to work to resolve this strike and resume classes and research support for all students,” says President Benarroch. “We agree with the mediator that binding arbitration is the best course of action to end the strike and settle a fair agreement.”

The University of Manitoba accepted mediator Arne Peltz’s recommendation to move to binding arbitration to settle outstanding issues and end the strike. UMFA indicated that they are unwilling to accept the Mediator’s recommendation to refer all outstanding differences to arbitration.

UMFA advised that they would meet to try to come up with a modified version of the recommendation and get back to the parties as soon as they have something.

Here is an overview of the university’s reasoning and response to UMFA’s November 16 proposal, amended on November 19:

Monetary

The university and UMFA agree on a number of important changes to the university’s salary structure necessary to establish and maintain competitiveness. However:

• The parties remain at odds over the amount of General Salary Increases and targeted market adjustments.
• UMFA’s November 16 proposal amended on November 19 for a three-year agreement would result in a minimum cumulative cost increase of at least $43.8M over the three-year period on a current annual total payroll of approximately $149M.
• The university’s proposal for a three-year agreement would result in a cumulative cost increase of $25.5M over the three-year period on this same current annual payroll.
• While UMFA’s proposed GSI increases by themselves are comparable to increases at other Manitoba public sector employers and universities across the country, the university must consider the overall cost of the proposal including UMFA’s proposed market increases and structural changes. As a whole, the proposal is not financially or operationally sustainable.

Given these factors, the parties do not appear to be within reach of a monetary settlement.

Non-monetary

Contiguous vacation

Under the current collective agreement, UMFA members receive 27 days of vacation per year in addition to statutory holidays.

UMFA’s proposal seeks a guarantee that members can take all 27 days in one block, or 5 weeks and 2 days all at once. The university has rejected this request because:

• A contractual obligation to allow faculty to take 27 days of consecutive vacation would interfere with the university’s ability to deliver some academic programs.
• UMFA has not identified any examples of members who have experienced difficulties taking vacation, and the university has received no grievances relating to vacation over the course of the prior collective agreement.
• The university does not track or schedule members’ vacations and would need to start tracking vacations in order to give effect to this proposal.

The university provided a counterproposal to permit any member who is not able to arrange at least 3 weeks of vacation contiguously to discuss options for resolution with their dean. UMFA’s response was to maintain its proposal.

Online learning 

UMFA proposed that members be entitled to refuse teaching distance or online courses, and to refuse the integration of distance or online delivery modes (such as UM Learn) with in-person teaching. The university does not consider these to be reasonable proposals because:

• They interfere with the ability of academic units to offer flexible and accessible options for students in order to provide them with the best possible learning experiences.
• The University is not prepared to put limits on modes of delivery that would disadvantage students.

In recognition of the pandemic’s impact on the use of technology in teaching, the university tabled a counterproposal to establish a committee which will consider digital teaching and learning at the University of Manitoba, including strategies to support faculty members and students. The university proposes that students at both the graduate and undergraduate level have a seat at the table, and that the committee would report to all parties and Senate, the ultimate governing body on academic matters, for discussion. UMFA’s response was to maintain its proposal.

Return to work

Finally, UMFA has sought a return-to-work agreement which would require the university to pay members an amount equivalent to their lost salary for the period not worked during the strike, and to make pension contributions for members on strike, which UMFA is aware is not permitted by the University Pension Plan. The university has consistently advised UMFA that it will not provide back-pay or make pension contributions for members who have withdrawn their labour during the strike.

As a result of the significant distance between the offers, both on monetary and non-monetary, the university is asking the mediator for advice on how to move forward to resolve the strike and reach a fair settlement for UMFA members

In all scenarios, there will be no classes or exams held during the University closure that is scheduled for December 24, 2021, through January 4, 2022. For details on all scenarios, including the previously announced scenarios 1 and 2, visit umanitoba.ca/strike-information.

Academic schedule modifications

Senate Executive approved two further potential scenarios.

Scenario 3 [Return to teaching between November 24 and November 30]:

• The last instructional day of fall term, December 10, 2021 remains unchanged for continuing classes.
• Interrupted classes will have instructional days up until the start of the winter break on December 24, 2022.  Classes will resume January 5, 2022, and the last instructional day will be January 12, 2022.
• The voluntary withdrawal (VW) date will move to December 10, 2021 for all classes, continuing and interrupted.
• The original exam period, December 11 to 23, 2021, will continue as is for continuing courses that are not disrupted by the strike.
• The dates of the alternate exam period will be January 14 to 16, 2022, inclusive. All courses interrupted by the strike will have their exams rescheduled to occur during this alternate period.
• The final grade appeal deadline will be moved to February 4, 2022, for all classes, continuing and interrupted.
• Winter Term 2022 as previously scheduled remains unchanged.

Scenario 4 [Return to teaching between December 1 and December 7]

The last instructional day of fall term, December 10, 2021 remains unchanged for continuing classes.

• Interrupted classes will have instructional days up until the start of the winter break on December 24, 2022.  Classes will resume January 5, 2022, and the last instructional day will be January 19, 2022.
• The voluntary withdrawal (VW) date will move to December 10, 2021 for continuing classes, and December 21, 2021 for interrupted classes.
• The original exam period, December 11 to 23, 2021, will continue as is for continuing courses that are not disrupted by the strike.
• The dates of the alternate exam period will be January 21 to 23, 2022, inclusive. All courses interrupted by the strike will have their exams re-scheduled to occur during this alternate period.
• The final grade appeal deadline will be moved to February 11, 2022, for all classes, continuing and interrupted.
• The start of Winter Term 2022 will be January 24, 2022, and the last instructional day would be April 20.
• The Winter Term break (Reading Week) would be reduced from a four-day break (February 22-25) to a one-day break (February 22). The winter term exam period (April 21-May 1, 2022) would proceed as scheduled to prevent delays in the start of the Summer Term 2022 and to minimize the impact on graduation and on admission and registration timelines for the Fall Term 2022.

Note: To maintain the number of instructional days and instructional contact hours, it is necessary to capture additional days within the calendar. This was accomplished, in part, by reducing the winter term break (Reading Week) to an extended long weekend. This is not ideal, but the alternative of extending the end of the winter term further into May creates many more significant issues: it would jeopardize students’ ability to graduate on time; it would impact students’ ability to complete courses on time that are required to meet application deadlines for advanced entry, after degree, or graduate programs including those at institutions other than UM; and it would impact summer employment commitments for students who rely on summer income to pay for their education. 

• The VW date is to be moved to February 4, 2022 for fall/winter term spanned courses and to April 1, 2022 for winter term courses.

Please note that slight modifications may be required for all scenarios. Full details about the academic schedule changes, including a detailed breakdown of the dates for all possible scenarios, and changes to deadlines for graduate students can be found here.

While the Voluntary Withdrawal date changes in both scenarios, it is not the only course of action for students looking to withdraw from a course. Students may also request an Authorized Withdrawal.

We understand that the delays due to the strike will impact graduate students and these will vary across students depending on their courses, program or the nature of the research. We will work with students who are delayed in their programs on a case-by-case basis to accommodate to the best of our ability.

Please keep in mind that we are still within the dates for the Scenario 2 options to changes of the academic schedule. We are all hopeful that the strike will end as quickly as possible. Thank you for your patience and adaptability during this time. I encourage you to visit the strike website for answers to many frequently asked questions. For any other questions you may have related to the strike, please email strikeum@umanitoba.ca.