A collective agreement is a written contract between the university and a union that outlines many of the terms and conditions of employment for employees in a bargaining unit. The terms and conditions are reached through collective bargaining between the university and the union.
Collective bargaining is a process by which a committee representing the union (made up of employees and union representatives) and a committee representing the university (made up of management representatives and managerial employees) negotiate a collective agreement.
It can be for the negotiation of a first contract where there has not been a collective agreement previously, or a renewal contract in the case of an existing collective agreement. In this process, the parties usually focus on such issues as wages, benefits and working conditions.
With several certified bargaining units at Queen’s, collective bargaining is a normal part of the labour relations cycle.
Conciliation occurs following the submission of a request by the union or the university to the Ontario Ministry of Labour to appoint a conciliator to serve as a neutral third party to help the parties resolve their differences. The parties can also file a joint request to appoint a conciliation officer.
A request for conciliation is a common occurrence during collective bargaining.
An initial meeting with the conciliator must occur before the union can be in a position to engage in a legal strike, or the university can be in a legal position to lock-out employees in the bargaining unit.
What if the university and the union do not reach agreement during conciliation?
If a collective agreement has not been reached after the initial meeting with the conciliator, either party may request that the Minister issue a “No Board” report. While the Minister has the option at this point to appoint a Conciliation Board instead, this practice is rare, and most often the Minister will confirm that no such Board is to be appointed. The 17th calendar day after the date of the No Board report becomes the “strike deadline” date – on or after that date, the union is legally allowed to call a strike, and the university is legally allowed to lock-out employees in the bargaining unit.
After the parties have met with a conciliator, if they have not been able to settle all outstanding matters, the conciliator will report this to the Minister of Labour. Typically, the Minister then issues a No Board report. Members of the bargaining unit may commence a legal strike at 12:01 am on the 17th calendar day after the date on the No Board report.
A lockout occurs when an employer closes a workplace, suspends work, or refuses to employ employees during a labor dispute. An employer may lawfully lock out members of a bargaining unit at 12:01 AM on the 17th calendar date after the date on a No Board report.
If requested by either party, the Minister of Labour may issue what is known as a “No Board” report. While the Minister has the option to appoint a Conciliation Board instead, this practice is rare.
The No Board Report, from the time it is issued, starts a 17-day countdown to the legal strike date. This does not mean a strike will occur, as the parties can continue to meet and negotiate during this period, but on or after that date the union is legally allowed to call a strike, and the university is legally allowed to lock-out employees in the bargaining unit.
As bargaining discussions evolve it may become necessary to provide appropriate details on a potential labour disruption. In these instances, the University will provide additional information on this site as needed and in advance of a legal strike taking place.
During a strike, bargaining unit members will often form picket lines near the workplace. Picketers are legally permitted to carry signs stating the nature of the dispute, speak to people entering the property about their concerns, and ask people entering the property to join the picket line.
Picketers are not permitted to:
- Picket on university property
- Blockade access to the university
- Use force, threats, or threatening gestures to prevent people from coming onto university property, including students, any employee wanting to attend work and visitors
- Otherwise engage in unlawful behaviour.
Ratification by the union is the process by which members of the bargaining unit vote to accept or reject the terms of the collective agreement that the university and union have negotiated. The ratification vote happens at the end of collective bargaining, after the university and the union have reached a tentative agreement.
All members of the bargaining unit have the right to vote. Each person gets one vote. The vote must be conducted by secret ballot. The collective agreement is considered “ratified” by the bargaining unit if a majority (50% +1) of those voting accept the terms of the tentative collective agreement.
A collective agreement is ratified by the university, when the tentative agreement is approved by the Human Resources sub-committee of the Board of Trustees.
Once both parties have ratified the tentative collective agreement, it is finalized and implemented.
The Labour Relations Act defines a strike as “a cessation of work, refusal to work or to continue to work, by employees in combination or in concert or in accordance with a common understanding, or slow-down or other concerted activity on the part of employees designed to restrict or limit output.”
A strike vote by secret ballot is required before a union can lawfully commence a strike of employees in the bargaining unit. A strike vote is a common occurrence in collective bargaining and does not mean that a strike will occur.
All employees in a bargaining unit have the right to participate in such a vote and must have ample opportunity to cast a ballot at a reasonably convenient time and place.
A tentative agreement means the university’s and the union’s negotiating teams have agreed to the terms of a collective agreement, but the terms have not yet been agreed to (“ratified”) by the bargaining unit members or the university’s governing body.