Layoff clause main sticking point as CBU contract talks falter

Concerns over a layoff clause continue to dog contract negotiations between faculty and management at Cape Breton University, making a strike a definite possibility.

Known as Article 39, the clause givesCBU recourse to lay off faculty in a financial emergency, or if the university wants to shut down a program. Talks between the faculty association and the university broke down this week.

Andrew Reynolds with the Cape Breton University Faculty Association told CBC Cape Breton's Information Morning thatthe wording of the clause leaves too much room for interpretation by management, which could leave members in a vulnerable position.

Heused an analogy from the television program The Simpsonsand compared Article 39 to a trap door used by a villain in the show, Mr. Burns, to get ridof unwanted workers at a whim.

Characterization 'inaccurate'

Acting CBU president Dale Keefetold CBChe was "disappointed" to hear that characterization of the layoff clause.

Calling Reynold's depiction "inaccurate,"Keefe said university management has repeatedly told the association over the past year that it would not invoke the layoff clause during the life of the proposedcollective agreement, which would last until June2019, exceptunder extreme circumstances.

He also pointed to a specific offer he said was extended before talks broke off on Thursday that "basically would tie the hands of the president" so they couldn't invoke theclause until the university was in a $3.5-million deficit situation.

With all that in mind it would appear that an agreement is within reach, he said.

Voluntary retirement

Reynolds brought up the association's objection to management approaching select members to discuss the possibility of taking a voluntary retirement package.

That should have been extended to every faculty member, he said.

Such a move would be "cost prohibitive," according to Keefe, who maintained that CBU needs some flexibility in those kinds of negotiations.

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Calling management's approach "aggressive and heavy-handed," Reynolds said the association is fed up with it.

He said the faculty group's executive will meet next week to discuss next steps.

Members of the faculty association have been in a legal strike position since Dec. 26.