On August 5, 2025 Arbitrator James Casey issued his decision regarding NAIT’s grievance which sought to force NASA to have to pay for bargaining committee member costs even when those committee members were completing their assigned work by NAIT. You can read the arbitration decision yourself attached in the email.
It is disappointing to see that this decision concludes that NASA must pay for members attending bargaining even if they are completing their assigned work for NAIT before or after bargaining finishes. This means that NAIT will be able to benefit from work that NASA members have done without compensation to them.
Also worth noting that NAIT attempted to argue that NASA was acting in bad faith by insisting that NAIT’s interpretation of Article 12 was incorrect and no payment was due. While the arbitrator did not agree with NASA’s position on Article 12, he also concluded that NASA was not acting in bad faith and had the ability to disagree and go through the grievance process.
The NASA office will be meeting with legal counsel to discuss options which may include an appeal of the decision.
The NASA office will also be seeking clarity on future time off and impact on committee member workload, as no workload reduction was given for the bargaining committee attendees so far – meaning they are expected to both have their union pay for their time in bargaining, while also completing the full instructor workload.
It’s unfortunate to see decisions like these which create barriers for NASA members to have more transparent and representational negotiations. As others who do work like myself have noted, the system of labour laws and labour relations processes are not designed to favour workers and can help protect employers’ interests. This situation is just one example of that. The most effective ways to resolve issues for union members are often found through collective action instead of legalistic processes.
One way to avoid these costs or restrictions in future rounds of negotiations is you and your co-workers standing firm for new language in Article 12 that does not require NASA reimbursement where no workload reduction is requested or taking place.
A poll question was asked in the email to members:
“Should the NASA bargaining committee accept a proposed collective agreement that continues to allow NAIT to invoice NASA for bargaining committee member time, even when their workload is not reduced?”
If you would like to attend the September 22-24, and 29th mediation sessions as an observer please fill out the form linked here.
Look for more updates through the summer, plus a recap when most of you return before the Labour Day long weekend.
Note that neither NAIT nor NASA can be in a position to legally start a lockout or strike until at least two weeks after formal mediation has concluded.
In solidarity,
Trevor Zimmerman