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Calgary’s Mount Royal University is seeking to appeal a recent decision from the Alberta Labour Relations Board tied to the termination and potential reinstatement of a former tenured professor.
The board is an independent tribunal tasked with administering and enforcing collective bargaining laws in Alberta.
Frances Widdowson, an academic known for her controversial views on Canada’s residential school system, was fired from Mount Royal University in 2021.
Nearly three years later, an arbitrator found her firing was disproportionate to her conduct, even if it did warrant discipline.
The conduct in question wasn’t what the arbitrator referred to as Widdowson’s “controversial views on a number of topics,” but rather her participation in a social media “Twitter war” involving her colleagues.
In the end, the arbitrator decided Widdowson’s continued employment with the university would not be viable for a number of reasons. They included what the arbitrator referred to as Widdowson’s ongoing hostility toward the university and her colleagues, as well as witness testimony that stated her return to the university would be disruptive.
Instead, the arbitrator suggested a monetary payment.
Arbitrator’s refusal to reinstate ‘unreasonable’: ALRB
The decision to substitute pay in lieu of reinstatement was appealed by the Mount Royal Faculty Association to the labour relations board.
The board issued its decision in May, finding the arbitrator’s refusal to reinstate was “unreasonable.”
The decision, the board wrote, didn’t resolve the “apparent inconsistency in recognizing, on the one hand, the right of Dr. Widdowson to hold and express her academic views and, on the other hand, that Dr. Widdowson’s exercise of those rights could make her employment relationship with the employer unviable.”
That sends the case back to the original arbitrator to reassess whether Widdowson should be reinstated.
On June 3, Mount Royal University filed an application for permission to appeal at the Court of Appeal of Alberta, asking the court to overturn the board’s decision and restore the arbitrator’s original ruling to keep Widdowson out of the university.
“The proposed appeal concerns a fundamental legal error by the [board], which if not overturned, creates a dangerous precedent that nullifies decades of labour law and diminishes arbitrators’ discretion to order pay-in-lieu of reinstatement of employment,” the filing reads.
Widdowson had academic freedom rights, the filing reads, but those rights “did not override the overarching contractual obligation set in the collective bargaining agreement to observe the harassment policies of the university.”
In an interview, Widdowson said she expected the university to seek to appeal the labour relations board decision.
“We really have to grapple with the serious corrosion of academic values in these institutions,” she said. “MRU is a test case, and I am perfectly happy to argue this out until the end of my days.
“I would like to document the destruction of our institutions for future generations. That’s really my secondary goal, as well as forcing my reinstatement, which has to happen.”
In a statement, Mount Royal University wrote that the university understands “the ongoing impact this process has had on our faculty, students and staff.”
“While the formal process continues, we will have no further comment,” the statement reads.
