BARGAINING PROCESS FLOW DIAGRAM
BARGAINING PROCESS FAQ
This section provides members with helpful information regarding the requirements of the Ontario Labour Relations Act pertaining to conciliation and strike/lockout. Beginning with conciliation, these are the steps which the Society and Bruce Power will be required to follow if we encounter a bargaining impasse during negotiations.
COMMUNICATIONS ACTION NETWORK (CAN) FAQ
This section provides members with information regarding the CAN positions and how the CAN functions.
CAN is a two-way communication method used to organize and engage members. The workplace is mapped out and organized into communication groups where there is a lead communicator responsible for relaying info to and from their group within a larger communication structure. This approach aims to include every member in the process on any issue or campaign that our Local decides to undertake. The CAN has been an important component in previous rounds of negotiations within our union, elsewhere within the Society and the broader IFPTE family.
When the CAN is activated, members not only receive information initiated from the center of the Network, but they also provide information that needs to flow back to the center. Employees are contacted through the Network to mobilize around an issue, participate in an action or to solicit ideas, opinions and feedback.
BARGAINING PROCESS FAQ
WHAT WILL HAPPEN TO OUR COLLECTIVE AGREEMENT IF IT EXPIRES?
Answer
Our current collective agreement will remain in effect until the point at which we are in a legal strike/lockout position.
WHAT IS CONCILIATION?
Answer
Conciliation is a process by which a trade union or employer can ask the Ontario Ministry of Labour for help in resolving their differences so that they can reach a collective agreement. Either party may apply to the ministry. If parties are in negotiations, they must use the government's conciliation services before they can get into a position to engage in a strike or lockout.
WHAT IF THE EMPLOYER AND THE UNION CANNOT REACH AGREEMENT IN CONCILIATION?
Answer
The conciliation officer informs the Ontario Minister of Labour that a collective agreement was unable to be effected. The minister would then generally issue a notice informing the union and the employer that he or she "does not consider it advisable to appoint a conciliation board" (section 21(b) of the act). This notice is known colloquially as the "no board" report. Conciliation boards are exceedingly rare and they have not been appointed in recent years.
WHAT FURTHER ASSISTANCE IS AVAILABLE TO THE BARGAINING PARTIES AFTER A "NO BOARD" GETS ISSUED?
Answer
If the parties have not reached a settlement in the conciliation stage, the ministry continues to offer the services of a mediator who will confer with the parties and endeavour to effect a collective agreement. This is referred to as the mediation stage, a process by which a third-party attempts to help a trade union and an employer in reaching a collective agreement. Since mediation is discretionary, the service is only used if both parties agree to it.
WHEN ARE THE PARTIES IN A LEGAL POSITION TO STRIKE OR LOCKOUT?
Answer
There are several preconditions to commencing a legal strike or lockout:
- If an employer and union are party to a collective agreement, the agreement must have expired.
- In the case of a strike, a strike vote must have been held (see below for exceptions).
- A Conciliation Officer must have been appointed and a "no-board" issued (see below for details)
It is legal to strike or lockout beginning on the 17th day after the minister issues the "no board" notice. For example, if the notice was issued on August 1st, the parties can legally strike or lockout on or after August 18th. (See Sections 79(2)(b) and 122(2)(b) of the Labour Relations Act, 1995).
WHAT IS A STRIKE? WHAT IS A LOCKOUT?
Answer
The Labour Relations Act defines these in the following terms:
“Strike” includes a cessation of work, a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slow-down or other concerted activity on the part of employees designed to restrict or limit output.
“Lockout” includes the closing of a place of employment, a suspension of work or a refusal by an employer to continue to employ a number of employees, with a view to compel or induce the employees, or to aid another employer to compel or induce that employer’s employees, to refrain from exercising any rights or privileges under the Ontario Labour Relations Act or to agree to provisions or changes in provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, an employers’ organization, the trade union, or the employees.
MUST THERE BE A STRIKE VOTE BEFORE A STRIKE CAN TAKE PLACE?
Answer
A union holding a strike vote is a common occurrence in collective bargaining and does not mean a strike will occur.
Employees cannot lawfully strike unless a strike vote is taken by the Society within 30 days of the collective agreement expiring or at any time after the agreement expires, and more than 50 per cent vote in favour of the strike. A strike vote must be by secret ballot and all people eligible to vote must have ample opportunity to do so. All employees in a bargaining unit, whether or not they are trade union members, are entitled to participate in such a vote. (See Section 79 of the Labour Relations Act, 1995).
CAN THE EMPLOYER REQUEST A VOTE OF EMPLOYEES ON THE EMPLOYER’S “LAST OFFER”?
Answer
Any time before or after the commencement of a strike or lockout, the employer may request that the Ontario Minister of Labour direct a vote of the employees in the affected bargaining unit to accept or reject the employer's last offer on all matters remaining in dispute. Upon receiving this request, the minister is obligated to direct such a vote (except in the construction industry where the minister's authority to direct a vote is discretionary). Neither the request to the minister nor the holding of the vote affect the time periods set out in the act. (See Section 42 of the Labour Relations Act, 1995). The employer can only request such a vote once in a given round of collective bargaining.
IF THE EMPLOYEE’S TURN DOWN THE EMPLOYER’S “LAST OFFER” IS THIS LIKE A STRIKE VOTE?
Answer
No, a strike vote is taken separately.
COMMUNICATIONS ACTION NETWORK (CAN) FAQ
WHAT IS THE CAN COMMITTEE?
Answer
The CAN Committee consists of members of the Local Committee and union staff representatives. They are the principal coordination team who are responsible for the overall functioning of the CAN. The CAN Committee is tasked with planning, development, troubleshooting, and assessing network activities in conjunction with Coordinators and Leaders.
HOW DOES A CAN WORK?
Answer
The CAN is built with member volunteers coming forward to be a lead communicator for a group of no more than 5-10 employees. They are the conduit between the membership and union leadership.
The workplace is mapped out based on business lines, geography, buildings, floors, work teams or social networks. The CAN ensures that when information needs to get from the Local Committee to members, or from union members to the Local Committee, the information is communicated through the Network quickly, efficiently, accurately, and inclusively. The information communicated often includes written materials such as surveys, flyers, pledge cards, desk tents, stickers, virtual backgrounds, and petitions.
It is important that the CAN is not perceived as a virtual chat group and it is definitely not an email list. Two-way communication and emphasis on one-on-one dialogue are keys to a strong CAN.
WHAT IS A CAN LEADER AND WHAT ARE THEIR RESPONSIBILITIES?
Answer
A CAN Leader is someone who volunteers to be a lead communicator for a group of no more than 5-10 members. Their communication group may be formed based on business lines, geography, buildings, floors, work teams or social networks. CAN Leaders will have a CAN Coordinator assigned whose role is to assist CAN Leaders and to coordinate activities with the CAN Committee. All CAN Leaders will receive training and regular support to ensure the network is operating smoothly.
CAN Leaders are the closest network links to members in the workplace. Each CAN Leader is responsible for communicating with 5-10 members in the workplace. Their job is to share information to and from their group to CAN Coordinators.
CAN Leaders are the front-line spokespeople for the issue/campaign the Local Committee is focused on. Their main objective is to engage members on the issue/campaign, working to mobilize members to take collective action. CAN Leaders should establish multiple methods of communicating with their group members and know the quickest way to reach them. Communication is most successful when done one-to-one and the information distributed and collected often includes surveys, flyers, pledge cards, stickers, and petitions. Being a CAN Leader is not simply about creating a group chat or sending out group emails, it’s about involving each member in a personal way in the union’s activities.
Please note, CAN Leaders who are not Society Delegates should know that their role is to communicate with employees – not represent members in grievance or disciplinary issues. That is a job for Delegates, Unit Directors, and Society Staff.
WHAT IS A CAN COORDINATOR AND THEIR RESPONSIBILITIES?
Answer
A CAN Coordinator is someone who volunteers to be a lead communicator for a group of about 5 CAN Leaders. Their communications group will be formed based on a mixture of business lines, geography, buildings, floors, work teams or social networks.
CAN Coordinators will support the activities between CAN Leaders and the CAN Committee. CAN Coordinators are in essence the volunteers who are coordinating the activities within the network. All CAN Coordinators will receive training and are in regular contact with the CAN Committee.
CAN Coordinators share the responsibility for supporting and maintaining the CAN. They are tasked with liaising between the CAN Committee and their group of CAN Leaders, providing leadership to ensure members are engaged and involved in the issues identified.
The main focus for CAN Coordinators is to support the work of CAN Leaders, helping them to understand the rationale and direction of union actions. They evaluate the network on an ongoing basis and suggest improvements as needed. Additionally, CAN Coordinators collect, tally, and review results of each CAN activity which is then shared with the CAN Committee.
Please note, CAN Coordinators who are not Society Delegates should know that their role is to communicate with employees – not represent members in grievance or disciplinary issues. That is a job for Delegates, Unit Directors, and Society Staff.
WHY IS THE CAN IMPORTANT FOR OUR WORKPLACE?
Answer
A well informed and engaged membership is essential to building union strength and demonstrating to our employer that we support our bargaining committee and care about our bargaining demands. During negotiations, a well-organized membership can make a significant impact in determining a successful outcome. The CAN method has a proven track record of increasing the participation among members, including addressing areas of apathy and moving the union into action.
While developing a CAN requires commitment, time and resources from members and union leaders, the benefits are well worth the hard work.