Medicine Hat campus main entrance

Employees

Collective Bargaining at MHC

The majority of Medicine Hat College (MHC) employees are represented by either the Alberta Union of Provincial Employees (AUPE) or the Medicine Hat College Faculty Association (MHCFA). MHC is committed to negotiating collective agreements that are fair, sustainable and support the College’s strategic objectives.

Collective bargaining determines the terms and conditions of employment through negotiations between a union and an employer. The Government of Alberta’s Bargaining 101 page provides definitions for many terms used in this process.

A typical collective bargaining process includes the following steps:

  1. Notice to Commence: Either MHC or the union (AUPE) or association (MHCFA) issues a notice to initiate collective bargaining.
  2. Opening Proposals: Both parties exchange opening proposals, which may include additions, changes, or deletions to the collective agreement.
  3. Negotiations: Bargaining teams from MHC and the relevant union/association meet for scheduled negotiations. Both parties are required to bargain in good faith and make every reasonable effort to reach a new collective agreement.
  4. Mediation: Either or both parties can request a mediator to help them with their negotiations at any point during collective bargaining. Typically, parties engage the services of a Mediator after they have met a number of times and are struggling to find consensus.
  5. Settlement and Ratification: Once a tentative agreement is reached for a new collective agreement by the bargaining teams, it must then be ratified by MHC’s Board of Governors and the union or association membership. This process is called ratification and is based on the majority of those bargaining unit members that actually vote during ratification. Thus, it is really important that union and association members exercise their right to vote during the ratification process.

Negotiation Updates

Bargaining updates will be provided by MHC after each bargaining session with either AUPE or MHCFA and posted here when available.
Date AUPE Activity
September 16 & 17, 2024  Day 1 & 2 of bargaining
  • Meet and greet of Bargaining Committees to establish bargaining parameters.
  • Exchange and high-level review of inbound proposals by each party.
  • Discussions took place regarding the following non-monetary language:
    • Preamble
    • Article 1 – Definitions
    • Article 2 – Recognition/Jurisdiction
    • Article 3 – Application of Agreement
    • Article 4 – Employer Union Relations
    • Article 6 – Dues Check-Off
    • Article 8 – Probation Period
    • Article 9 – Hours of Work
    • Article 10 – Overtime
    • Article 14 – Time off for Union Business
    • Article 15 – Illness Leave
    • Article 15A – Proof of Illness
    • Article 17 – Maternity/Parental Leave
    • Article 21 – Disciplinary Action
    • Article 24 – Seniority
    • Article 25 – Layoff/Recall
    • Article 28 – Workers’ Compensation Supplement
    • Article 29 – Protection of Personal Garments
    • Article 30 – New or Altered Job Classifications
    • Article 32 – Discrimination and Harassment
    • Article 33 – Terms and Effect of Contract
    • Article 35 – Job Opportunities
    • Position Abolishment
    • Contracting Out
    • Workload Appeal Process
    • Employment Security
    • Addendum - SEIB
  • Reviewed and agreed to language/withdrew proposed language in:
    • Preamble
    • Article 1 – Definitions
    • Article 4 – Employer Union Relations
    • Article 6 – Dues Check-Off
    • Article 8 – Probation Period
    • Article 10 – Overtime
    • Article 14 – Time off for Union Business
    • Article 17 – Maternity/Parental Leave
    • Article 21 – Disciplinary Action
    • Article 28 – Workers’ Compensation Supplement
    • Article 29 – Protection of Personal Garments
    • Article 30 – New or Altered Job Classifications

Next scheduled bargaining dates are December 2 and 3, 2024.

April 9, 2024 MHC acknowledged receipt of notice to bargain and notified AUPE of MHC’s bargaining team
April 4, 2024 Notice to commence collective bargaining received (served by AUPE)
June 30, 2024 The nominal term of the collective agreement expires and statutory bridging period commences while the parties engage in collective bargaining.
Date MHCFA Activity
November 13/14, 2024

Days 8 and 9 of bargaining

  • On November 13, 2024, discussions took place regarding the following non-monetary language:
    • Article 1 – Definitions
    • Article 4 – General Terms of Employment
    • Article 5 – Professional Responsibilities
    • Article 12 – Professional Development

  • On November 14, 2024, discussions took place regarding the following non-monetary language:
    • Article 2 – Employee Coverage
    • Article 3 – Terms of Collective Agreement
    • Article 9 – Statutory Holidays & Vacation
    • Article 10 – Leaves
    • Article 11 – Proof of Illness
    • Article 13 – Faculty Evaluation
    • Article 15 – Termination of Appointment
    • Article 16 – Grievance Procedure
    • Article 17 – Arbitration
    • Addendum – Supplementary Employment Insurance Benefit Plan (SEIB)

Given the progress made in these two days of bargaining, the parties agreed to cancel the Friday, November 15th meetings and resume bargaining in the new year. Next scheduled bargaining dates are to be confirmed.

October 22/23/24/25, 2024

Days 4, 5, 6 and 7 of bargaining

  • Discussions took place regarding the following non-monetary language:
    • Article 1 – Definitions
    • Article 2 – Employee Coverage
    • Article 3 – Terms of Collective Agreement
    • Article 4 – General Terms of Employment
    • Article 5 – Professional Responsibilities
    • Article 6 – Workload
    • Article 9 – Statutory Holidays & Vacation
    • Article 10 – Leaves
    • Article 11 – Proof of Illness
    • Article 13 – Faculty Evaluation
    • Article 15 – Termination of Appointment
    • Article 17 – Arbitration
    • Article 18 – General Clauses
  • Next scheduled bargaining dates are November 13, 14, 15, 2024
September 10, 2024

Day 3 of bargaining

  • Discussions took place regarding the following non-monetary language:
    • Preamble
    • Article 14 – Discipline
    • Article 16 – Grievance Procedure
    • Article 17 - Arbitration
  • Next scheduled bargaining dates are October 22, 23, 24, 25, 2024 and November 13, 14, 15, 2024
September 9, 2024

Day 2 of bargaining

  • Exchange of inbound proposals by each party.
  • MHCFA and MHC bargaining groups met to review bargaining proposals at a high level
May 2, 2024

Day 1 of bargaining:

  • Initial bargaining meeting –Meet and Greet of Bargaining Committees to establish bargaining parameters.

Next meeting date scheduled for September 9, 2024.

April 9, 2024 MHC acknowledged receipt of notice to bargain and notified MHCFA of MHC’s bargaining team
April 3, 2024 Notice to commence collective bargaining received (served by FA)
June 30, 2024 The nominal term of the collective agreement expires and statutory bridging period commences while the parties engage in collective bargaining.

Frequently Asked Questions

What is collective bargaining?
Collective bargaining is the process of negotiating a collective agreement that outlines terms and conditions of employment for unionized faculty and staff. At MHC, there are two bargaining agents representing certain employees: the MHCFA, who represent employees designated as academic staff members by the Board of Governors in accordance with PSLA and AUPE, who represent support staff members at MHC. This process is governed by the Labour Relations Code and the Post-Secondary Learning Act (PSLA).

What does it mean to be a unionized employee?
Unionized employees at MHC are represented by either the MHCFA or the AUPE. These unions (or Association for MHCFA) negotiate terms and conditions of employment on behalf of their members. Members cannot negotiate terms and conditions of employment individually with MHC.

What is a collective agreement?
A collective agreement is a written contract between an employer and a union (or association) outlining terms and conditions of employment for bargaining unit members, such as salary, benefits, and responsibilities, for union members.

Who is the collective agreement between?
At MHC, collective agreements are between the Medicine Hat College Board of Governors and the MHCFA, and the Medicine Hat College Board of Governors and the AUPE.


How does collective bargaining begin?
Collective bargaining begins when at least one party gives notice within timelines set out within the Labour Relations Code. The parties then set dates to exchange and negotiate proposals. The nominal term of the current collective agreements for AUPE and MHCFA at MHC both expire June 30, 2024 and are bridged (continue) until a new collective agreement is ratified or a strike or lockout occurs.

What are the objectives of the College in bargaining?
The College aims to achieve a collective agreement that:

  • Recognizes the statutory obligations between the Board, the MHCFA, and AUPE;
  • Is financially and operationally sustainable
  • Ensures fair and reasonable working conditions for both the employees and the employer; and
  • Is clear and easy to understand without unnecessary detail or complexity.

What happens when a bargaining team thinks it has reached an acceptable agreement for a new collective agreement?
Both parties will engage in a ratification process. The union (or association) will present the proposed agreement to its members for a ratification vote. If the majority of voting members agree, the agreement becomes effective on the specified date. If not, the bargaining teams return to negotiations. The Employer will ask the Board of Governors to ratify as well.

What happens if the parties can’t reach an agreement?
If an impasse is reached, the parties may use dispute resolution methods like informal or formal mediation. An essential services agreement, or an approved essential services exemption must be in place before formal mediation can be accessed. If these methods fail, an impasse can lead to a work stoppage, following steps outlined in the Labour Relations Code.

What happens if dispute resolution doesn’t work?
If no agreement is reached, union members may strike, or the employer can initiate a lockout.

What's a strike?
When the bargaining parties are unable to negotiate a collective agreement, the union may choose to strike.

A strike includes a cessation of work, refusal to work or refusal to continue to work by two or more employees for the purpose of compelling the employer to agree to terms or conditions of employment.

In advance of a strike, a vote of employees in the bargaining unit must take place and the majority of votes must be in favour of the strike. During a strike, salary and benefit premiums from the employer are discontinued, but the union may provide strike pay, and benefits can be continued upon payment by the union or individual employees.

See: Alberta Labour Relations Board Strike and Lockout FAQ

What's a lockout?
When the bargaining parties are unable to negotiate a collective agreement, the employer may choose to lock out the employees.

A lockout includes the closing of a place of employment by an employer, the suspension of work by an employer or a refusal by an employer to continue to employ employees for the purpose of compelling employees to agree to terms of conditions of employment. During a lockout, salary and benefit premiums from the employer are discontinued, but the union may provide strike pay, and benefits can be continued upon payment by the union or individual employees.

See: Alberta Labour Relations Board Strike and Lockout FAQ