Chapter 5 - Negotiating a Collective Bargaining Agreement PDF

lOMoARcPSD|2779689 Unions Mana 479 Chapter 5 - Negotiating a Collective Bargaining Agreement Notice of Negotiation Art. 52, 53 The negotiation stage begins once a notice has been received by the counter party. § Notice must be initiated by the union or the employer and must be sent by fax, messenge...

lOMoARcPSD|2779689 Unions Mana 479 Chapter 5 - Negotiating a Collective Bargaining Agreement Notice of Negotiation Art. 52, 53 The negotiation stage begins once a notice has been received by the counter party. § Notice must be initiated by the union or the employer and must be sent by fax, messenger, registered mail, certified mail, or by a bailiff. § Notice can be given at any time for the 1st CBA, and 90 days before an expiring CBA. § Notice must be given at least 8 days before the day and hour of the meeting, and must indicate in writing where and when the meeting will take place. Art. 52.2 If no notice was given, then it is deemed to have been received 90 days after union certification, or when the CBA expires. A premature notice is valid if the parties conform to them and begin negotiations. § A CBA can require/allow premature notices § The date parties acquire their right to strike/lockout is unaffected The date a notice is received effects the date that parties acquire their right to strike/lockout: § If the notice to negotiate is received within the deadline, right to strike/lockout is acquired 90 days after receipt of the negotiation notice. § If notice to negotiate is not received within the deadline, right to strike/lockout is acquired 180 days after certification of the association or expiration of current agreement Obligation to Negotiate Parties must negotiate w/ diligence and in good faith, however the obligation to negotiate does not require the parties to come to an agreement. Faults § Refusal to negotiate § Deliberate delays § Bad faith negotiations *Serious faults can constitute a hinderance of union activities and can be sanctioned.* Bad Faith Negotiating § Attempting to bypass the union and directly negotiate w/ employees § Refusing to consider a demand or make a counteroffer § Unreasonably exaggerated positions § Refusing to formalize an agreement in writing § Imposing sanctions on members or representatives Obligation ends w/ ■ Conclusion of a CBA ■ Referral to arbitration Obligation does not end w/ ■ Conciliation, strike, or lockout ■ Cessation of employer’s activities 16 Downloaded by Savannah Amber ([email protected]) lOMoARcPSD|2779689 Unions Mana 479 Penal Sanctions Art. 141 An employer’s failure to recognize the union or negotiate (2 separate offences) results in fines of $100 - $1,000 per day of offence. Art. 144 Any person or association that fails to comply w/ the QLC will face fines of $100 - $500 per day, and $1,000 - $5,000 per day for subsequent offences. Civil Sanctions Based on general powers of the alt, the Tribunal can order: § The employer to cease communicating w/ employees directly § The employer to negotiate w/ the union § The parties to formally sign the agreement agreed upon § Deadlines for the parties to submit their final proposals § Arbitration upon failure to meet the final proposal deadline The Negotiation It is customary for the union to submit its proposal for a CBA; however employers have recently been taking a more aggressive approach by submitting their proposals first. Non-financial working conditions are usually negotiated first. Agreed upon clauses are not legally binding until signed, but they are morally binding for good faith negotiations. Art. 93.1 Conciliation (mediation) Mediation is a necessary pre-requisite to the imposition of arbitration in negotiating first collective agreements. § Either party can request in writing, at any time, that the Minister appoint a conciliator. § Minister can appoint a conciliator w/o request from a party. § Parties must attend all meetings w/ the mediator. § Discussions are confidential. § Decisions are not binding. Art. 42 Suspension of Negotiations The alt can order suspension of negotiation and deadlines in the event of: § A petition to revoke certification § A new petition for certification § A petition relating to the sale of the business ↳ Can include an order not to renew the CBA *All existing working conditions are frozen until the alt makes a ruling on the petition. Permitted changes: § Disciplinary measures applied by the employer § Permanent closure of the business 17 Downloaded by Savannah Amber ([email protected]) lOMoARcPSD|2779689 Unions Mana 479 Art. 59 Freeze of Working Conditions An employer may not unilaterally change the employees’ working conditions or CBA: 1) As soon as a petition for accreditation of a new association is made - Unless the changes are made w/ consent of the petitioning association. 2) Following the expiration of an existing CBA - Unless the changes are made w/ consent of the petitioning association. - Freeze lasts until the right to strike/lockout is acquired and legally exercised. - CBA may have a clause extending working conditions until a new CBA is signed. 3) When the union and the employer do not have the right to strike/lockout - Freeze lasts a new CBA is signed or. During a freeze it is also forbidden for a union to advise its employees not to work, or for the union to advise them to apply pressure tactics. Art. 58.2 Votes on the Employer’s Final Offer The alt may order the union to submit an employer’s final offer to a secret ballot vote. § Must be at the request of the employer § Alt must be convinced that the vote will foster the conclusion of a CBA § All members of the association included in the BU can vote § There can only be one voting process in the negotiation of a CBA Arbitration of Disagreements Voluntary Arbitration (rare) Art. 74 An employer and an association may jointly request appointment of an arbitrator to settle issues. § Must be appointed by the Minister of Labour § Minister may appoint someone chosen jointly by the parties § It is a binding process § Arbitration terminates the right to strike/lockout for that period § Parties are free to make changes subsequently Art. 93.1 Unions negotiating their first CBA cannot proceed to arbitrator until a conciliator has tried and failed to conclude an agreement. § Can be appointed at the request of either party § Puts an end to any strike/lockout Mandatory Arbitration Applies to those prohibited from striking/locking-out (public service workers) § They are appointed a mediator by request of either party for a period of 60 - 120 days. § If the mediator fails to conclude within that time, then a mandatory arbitration will occur. 18 Downloaded by Savannah Amber ([email protected])