The university was asked whether legislation that delayed conciliation and introduced PBCO and ministerial directives into public sector negotiations provided a power to allow an arbitrator to ignore the parameters established by the parties in the context of this re-opening of wages. It was not in a position to draw attention to such authority. I have reviewed this legislation and I cannot find a legal basis on which I can change the contractual mandate that the parties have given me in their agreement…. The academic component of the university`s budget is such that it can easily be seen as a reduction target. However, academic salaries, whether in arbitration or a free collective bargaining system, still have market factors and comparisons that, at least in part, fuel expectations. Resources for senior and executives to assist in the implementation of collective agreements and manuals. rejected the employer`s request for withdrawal and referred to the absence of examples of such an outcome in free collective bargaining. He accepted Adjudicator Peltz`s comments: in an effort to justify the deviation of his proposal from the contractual area of the conciliation agreement, he [the University of Calgary Administration] argued that the first point was related to the “provincial mandate”.” In awarding the award, Arbitrator Andy Simms expressly rejected the University of Calgary Administration`s position that a “provincial mandate” can be used to repeal the provisions of a collective agreement or that it should play a role in arbitration decisions. In his analysis of the administration`s argument, he writes: Are you looking for your collective agreement or the last minutes of the meetings? Browse the list of downloadable documents.
One of the unfortunate by-products of political or model negotiations between public sector employees and across the province is that it tends to penalize institutions and workers who have already worked to limit spending…. It excludes consideration of the type of market forces that create a balance between institutions and allows little or no recognition of the current history or needs of each institution.