The Collective Bargaining Process in Ontario – This is the law!

Introduction

In legal terms, collective bargaining begins with the notice to bargain and continues all the way through the process until a new collective agreement has been ratified by the union and the employer.

Acronyms

SBCA School Board Collective Bargaining Act

MOL Ministry of Labour
OLRB Ontario Labour Relations Board
LRA Labour Relations Act

The bargaining process for locals with the right to strike (Municipal, school boards, post-secondary, most social services, utilities, airlines)

School Board Specific Bargaining Information

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Preparing for bargaining

6-8 months before the collective agreement expires bargaining teams are selecting both locally and centrally.  Bargaining surveys are sent out to members in order to get the data required to develop proposals. Once proposals are finalized and notice to bargaining is served things will happen very quickly.

Notice to bargain

Can be served by either party during the last 90 days of the term of a collective agreement, or at any time permitted by the collective agreement Needs to be served in writing. f neither party gives notice to bargain, the collective agreement remains in effect for another year

 The OLRB has made a ruling on what is local and what is central.  We will be reviewing the local proposal and looking for a notice to bargain.  

Exchange proposals

The legislation requires the parties to meet within 15 days from notice being given, unless they agree to meet later – (In practice, negotiations rarely start within 15 days of notice to bargain.) Proposals have now been exchanged at the central table.  The government is offering a 3 year wage freeze, rolling back sick time, no personal days, no job security, maternity benefits, vacation…  These are concessions that we will not except.

Bargaining starts

-Legal requirements: If no agreement is reached:

-either party can ask the Ministry of Labour to appoint conciliation officer — at any time during bargaining

-Conciliation officers are Ministry staff, who works to help the parties come to an agreement

-if conciliation is not successful, the officer advises the Minister of Labour, who issues a “No Board” report and sends it to each party

Legal strike position

-17 days after the date on the Minister’s “No Board” letter, the union is in a legal strike position and the employer can legally lock the employees out

-at this point, the current collective agreement is no longer in effect – the employer can alter working conditions as they wish

-before going on strike, a strike vote, by secret ballot, must take place

-the vote must be taken during the last 30 days of the term of the collective agreement, or any time after its expiry date

-employees must be given “ample opportunity to cast their ballots”, the time and place for voting must be “reasonably convenient”

-a majority of employees voting must vote in favour of taking strike action

-for newly organized locals who choose to go on strike, the strike vote must be taken on or after the date on which the conciliation officer is appointed.

 

Strike/Lockout

-bargaining can continue during a strike or lock-out

-employees have the right to picket, but cannot completely prevent access to the premise

-the employer my seek an injunction to limit picketing

-employees cannot be fired because they are on strike, except for misconduct which justifies discharge

Ratification Vote-the agreement must be ratified by secret ballot, by a majority of voting employees in the bargaining unit

-employees must be given “ample opportunity to cast their ballots”, the time and place for voting must be “reasonably convenient”

New Agreement

Questions and answers for locals with the right to strike

Q: What’s the name of the legislation that governs collective bargaining?
A: The Labour Relations Act.

Q: Does the employer have the right to force the union to hold a vote on its final offer?
A: Yes, the employer can request a Board – supervised vote on its final offer at any time before or after the start of a legal strike or lock-out. They can only do this once in a round of bargaining.

Q: What is failure to negotiate in good faith?
A: Both the union and the employer must “bargain in good faith and make every reasonable effort to make a collective agreement”. Some examples: The employer and the union must agree to meet and to discuss – at least – each other’s proposals. The employer must recognize the union’s right to bargain on behalf of its members. Necessary information like pay rates must be made available. The employer must not misrepresent any plans it has that will have a substantial effect on employees. Neither party should change its position (back track) during bargaining without good justification (e.g. significant change in circumstances).

Q: Why is it called a “no board report”?
A: The legislation allows for a conciliation board to be appointed if the conciliation officer is not able to help the parties come to an agreement. However, this provision is never used. To issue a
A: Yes, the employer can request a Board – supervised vote on its final offer at any time before or after the start of a legal strike or lock-out. They can only do this once in a round of bargaining.

Q: What is failure to negotiate in good faith?
A: Both the union and the employer must “bargain in good faith and make every reasonable effort to make a collective agreement”. Some examples: The employer and the union must agree to meet and to discuss – at least – each other’s proposals. The employer must recognize the union’s right to bargain on behalf of its members. Necessary information like pay rates must be made available. The employer must not misrepresent any plans it has that will have a substantial effect on employees. Neither party should change its position (back track) during bargaining without good justification (e.g. significant change in circumstances).

Q: Why is it called a “no board report”?
A: The legislation allows for a conciliation board to be appointed if the conciliation officer is not able to help the parties come to an agreement. However, this provision is never used. To issue a “no board report” means that the Minister does not consider it advisable to appoint a conciliation board.

Q: Is it possible to request mediation?
A: Either party can apply to the Ministry of Labour for mediation. The appointment of a mediator has no effect on the time periods for a legal strike or lock-out.

Q: What about settling a collective agreement through arbitration?
A: The union and the employer may agree to refer all issues in dispute to an arbitrator or board of arbitration who will hear arguments from both sides and then decide on the issues in dispute. When a union and an employer agree to go to arbitration, they give up their right to strike and/or lock out employees.

Q: Is it ever legal to strike during the term of the collective agreement?
A: No. A strike is only legal once the conciliation process has been attempted and the required time has elapsed after the Minister of Labour has issued a “no board” report.

Q: Is the employer allowed to designate “essential employees”?
A: No, all employees covered by the LRA have the right to strike.

Q: How does a strike end?
A: In almost all cases, a strike comes to an end when the employer and the union sign a collective agreement and the striking employees return to work. Usually, the union and the employer negotiate a return-to-work protocol to guide the return to work and protect employees from retaliatory actions.

Q: Are there any restrictions on replacement workers (scabs) during a strike?
A: No, although the law does not allow professional strike breakers.

Q: Do employees have a right to get their jobs back after a legal strike?
A: Normally, employees will return to work after a legal strike in accordance with a return to work protocol.