NSCAD strike ends as university, union head to contract arbitration

More than two weeks after it started, a strike at the Nova Scotia College of Art and Design (NSCAD) has ended as the university and the union head to first contract arbitration.

The strike, which involved teaching and research assistants, along with independent course appointees, started on March 4. The Canadian Union of Public Employees (CUPE) 3912 represented the members at the bargaining table.

Mary-Dan Johnston with CUPE previously told CTV News Atlantic 70 active members were part of the strike. The members voted to unionize in 2023.

NSCAD applied for first contract arbitration through the Nova Scotia Labour Board to settle the collective agreement bargaining process. On Friday CUPE agreed to arbitration, ending the strike.

“We were getting nowhere with them, and the most important thing was to secure a contract for these workers who were previously not protected by one,” Johnston said. “First contract arbitration was put in place in Nova Scotia for precisely this kind of circumstance. These workers had everything to lose — they certified in 2023 and are still without a contract.

“Given the unwillingness of the employer to bargain, if we could not seek arbitration, the employer might have tried to starve them out and break their union. We’re confident that the arbitrator will agree that the provisions we’re looking for are currently standard in the sector and help us establish a first contract that protects these precarious art workers.”

Andy Murdoch with NSCAD said arbitration is a neutral, third-party adjudication which resolves disputes between unions and employers that they cannot settle through negotiations or mediations.

“The arbitrator agreed upon and appointed by the parties will generally hold a meeting (virtually or in person) with the parties to determine what procedure the parties wish to employ–for example, will there be discovery and if so, of whom–and any appropriate timelines,” Murdoch said in an email. “The next step is the hearing itself, and, after that, the decision.

“The decision is final (unless the parties agree beforehand to a right of appeal to a court). It is binding. And it can be enforced in the same way that a court order can be.”

In a written statement, NSCAD thanked CUPE membership for voting to join arbitration.

“We are committed to moving forward together — with optimism, mutual respect, and a shared focus on the work ahead,” the statement reads. “Our goal is to ensure that the return is as smooth as possible.”

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