Collective Bargaining Process

Collective Bargaining

In the Collective Bargaining process, employers and the Union acting on behalf of our members work to agree on a binding contract that will govern the employer-employee relationship.
CUPE Local 87 negotiates collective agreements with organizations who employ our members. We approach Collective Bargaining with key objectives that will:

  • improve our members’ jobs
  • improve the organization to reach success
  • provide excellent customer service to the public

Collective Bargaining Process timeline

The collective bargaining process begins with a notice to bargain, a written notification given by either the employer or the union requiring the other party to commence collective bargaining for the purpose of renewing or revising a collective agreement or entering into a new collective agreement. As soon as notice to bargain is given, it is the responsibility of the employer and union to negotiate in good faith.

If an impasses is reached or if the negotiations have not started within the time specified, either party may file a notice of dispute to the Minister of Labour.

In the event of a notice of a dispute which has been filed in full compliance, the Minister of Labour appoints a conciliation officer within fifteen days to assist the parties in resolving their differences.

The conciliation officer has a 60 day mandate, but the parties may, if they both agree, request an extension of the time for conciliation. At the end of the conciliation period, a 21-day cooling off period begins.

During the cooling off period, the Minister of Labour can appoint a mediator to continue to assist the parties in reaching an agreement. During this time, parties acquire the legal right to strike or lockout. However, a legal work stoppage cannot take place until the 21-days have expired.

As a requirement to obtain the legal right to declare a strike or lockout, a seventy-two hours’ notice to the other party and to the Minister of Labour is needed. In addition, the union must obtain a strike mandate (60 days) from its membership in order to commence strike action.

Another possibility is the appointment of an arbitrator to resolve outstanding issues, however both parties must agree.

In summary, parties may not exercise their right to strike or lockout until a notice to bargain has been given, the conciliation process has taken place, twenty-one days have elapsed since the end of the conciliation process, a strike vote has been taken, and a 72-hour strike notice or lockout has been given.

Collective Bargaining Process timeline

The collective bargaining process begins with a notice to bargain, a written notification given by either the employer or the union requiring the other party to commence collective bargaining for the purpose of renewing or revising a collective agreement or entering into a new collective agreement. As soon as notice to bargain is given, it is the responsibility of the employer and union to negotiate in good faith.

If an impasses is reached or if the negotiations have not started within the time specified, either party may file a notice of dispute to the Minister of Labour.

In the event of a notice of a dispute which has been filed in full compliance, the Minister of Labour appoints a conciliation officer within fifteen days to assist the parties in resolving their differences.

The conciliation officer has a 60 day mandate, but the parties may, if they both agree, request an extension of the time for conciliation. At the end of the conciliation period, a 21-day cooling off period begins.

During the cooling off period, the Minister of Labour can appoint a mediator to continue to assist the parties in reaching an agreement. During this time, parties acquire the legal right to strike or lockout. However, a legal work stoppage cannot take place until the 21-days have expired.

As a requirement to obtain the legal right to declare a strike or lockout, a seventy-two hours’ notice to the other party and to the Minister of Labour is needed. In addition, the union must obtain a strike mandate (60 days) from its membership in order to commence strike action.

Another possibility is the appointment of an arbitrator to resolve outstanding issues, however both parties must agree.

In summary, parties may not exercise their right to strike or lockout until a notice to bargain has been given, the conciliation process has taken place, twenty-one days have elapsed since the end of the conciliation process, a strike vote has been taken, and a 72-hour strike notice or lockout has been given.

In rare instances, the period of the conciliation process (60 days) may be shortened by agreement of the parties or eliminated if the Minister decides not to appoint a conciliation officer, a conciliation commissioner or a conciliation board.

In rare instances, a strike or lockout may have such a significant impact on the public interest that back-to-work legislation or pre-emptive legislation is needed. Back-to-work legislation or special legislation has always been seen as a last resort.

Notice of Dispute

A notice of dispute is a formal written notification advising the Minister of Labour that the parties to a collective agreement have reached an impasse in their efforts to enter into, renew or revise a collective agreement and that the intervention of a neutral party is needed. By means of the notice of dispute, the Minister is requested to provide conciliation assistance to the parties.

Conciliation

When the employer and unionized employees cannot reach an agreement, and negotiations to renew the collective agreement reach an impasse, the Minister of Labour may decide to appoint a conciliation officer.

However, the employer or the union representing the employees must make a request to the Minister by filing a “notice of dispute”.

Once appointed, the conciliation officer will meet the parties to assist them in resolving the impasse and reaching a collective agreement. Conciliation officers have considerable expertise in industrial

The conciliation process may take up to 60 days, although the parties may mutually agree to extend this time period.

Mediation

Mediation appointments are often made once formal conciliation procedures under the Canada Labour Code have been completed.

The Minister of Labour may appoint a mediator at any time, either at the request of one or both parties, or on the Minister’s own initiative. The appointment of a mediator does not influence the acquisition of the right to strike or lockout.

Strike or Lockout Notice

A strike notice is an advanced written notice that must be given by the union to the employer indicating the date and time on which a strike will begin. A lockout notice is an advanced written notice that must be given by the employer to the union indicating the date and time on which a lockout will begin.

If no agreement is reached during the conciliation process, there is a 21-day waiting period (known as a cooling-off period) before the parties may acquire the legal right to strike or lockout. Advance notice of strike or lockout to the other party and the Minister of relations gained through years of practical experience.

If no agreement is reached during the conciliation process, there is a 21-day waiting period (known as a cooling-off period) before the parties may acquire the legal right to strike or lockout. Advance notice of strike or lockout to the other party and the Minister of Labour is required to be served at least seventy-two hours in advance.

Furthermore, to strike, the union must have sought and received a positive strike vote from its members within the previous 60 days.ontact

In rare instances, the period of the conciliation process (60 days) may be shortened by agreement of the parties or eliminated if the Minister decides not to appoint a conciliation officer, a conciliation commissioner or a conciliation board.

In rare instances, a strike or lockout may have such a significant impact on the public interest that back-to-work legislation or pre-emptive legislation is needed. Back-to-work legislation or special legislation has always been seen as a last resort.

Notice of Dispute

A notice of dispute is a formal written notification advising the Minister of Labour that the parties to a collective agreement have reached an impasse in their efforts to enter into, renew or revise a collective agreement and that the intervention of a neutral party is needed. By means of the notice of dispute, the Minister is requested to provide conciliation assistance to the parties.

Conciliation

When the employer and unionized employees cannot reach an agreement, and negotiations to renew the collective agreement reach an impasse, the Minister of Labour may decide to appoint a conciliation officer.

However, the employer or the union representing the employees must make a request to the Minister by filing a “notice of dispute”.

Once appointed, the conciliation officer will meet the parties to assist them in resolving the impasse and reaching a collective agreement. Conciliation officers have considerable expertise in industrial

The conciliation process may take up to 60 days, although the parties may mutually agree to extend this time period.

Mediation

Mediation appointments are often made once formal conciliation procedures under the Canada Labour Code have been completed.

The Minister of Labour may appoint a mediator at any time, either at the request of one or both parties, or on the Minister’s own initiative. The appointment of a mediator does not influence the acquisition of the right to strike or lockout.

Strike or Lockout Notice

A strike notice is an advanced written notice that must be given by the union to the employer indicating the date and time on which a strike will begin. A lockout notice is an advanced written notice that must be given by the employer to the union indicating the date and time on which a lockout will begin.

If no agreement is reached during the conciliation process, there is a 21-day waiting period (known as a cooling-off period) before the parties may acquire the legal right to strike or lockout. Advance notice of strike or lockout to the other party and the Minister of relations gained through years of practical experience.

If no agreement is reached during the conciliation process, there is a 21-day waiting period (known as a cooling-off period) before the parties may acquire the legal right to strike or lockout. Advance notice of strike or lockout to the other party and the Minister of Labour is required to be served at least seventy-two hours in advance.

Furthermore, to strike, the union must have sought and received a positive strike vote from its members within the previous 60 days.