With an ESA in place, the process of reaching a new collective agreement has additional avenues that can be pursued. These include formal mediation, as well as, strike and lockout.
The Board and ULFA were able to agree on several improvements compared to our last ESA. These include expanding the categories of academic staff performing essential work to include those who are supervising various clinical practica in multiple faculties, improving the process of identification of instances where withdrawal of supervision might adversely affect client health or public safety, and identifying cases where services provided through a role as a principal investigator or co-investigator for a clinical research project. Several minor improvements in language were also made.
This round, ULFA was not able to achieve all of its objectives. For instance, we argued that the life of nonhuman animals should be included in determining what academic work is essential. If withdrawal of academic work would lead to euthanasia of nonhuman animals involved in time-sensitive research projects, then, we argued, that work should be deemed essential. The Board preferred to have an agreement that did not stray beyond considering human health and human safety, which are necessary considerations in an ESA. It was pointed out that, potentially, anything that the Board and ULFA agree is essential can be included in the ESA. We also failed to have academic work involving Health Canada Exemptions granted to academic staff doing research with controlled drugs and substances declared to be essential. The exemption granted to by Health Canada cannot be transferred to another person. The Board acknowledged that there was potential for harm to human health and safety if the service involved in oversight by a Health Canada Exemption holder is withdrawn. Instead of agreeing that the work was essential, the Board preferred that the controlled drugs and substances be placed under new locks during the 72 h period after a strike or lockout notice. This reduces the potential for human health or safety issues, but also halts all research depending upon these drugs and substances.
For the next round of bargaining, there is still work to be done at the negotiating table to improve the ESA.