LW1210 – Labour Law in Canada

Unit 4 – Stage 4 – Administering a Collective Agreement in Canada

With

Paul Tilley

DEFINITION

A Collective agreement is defined as “ an agreement in writing concluded between an employer or employer union on the one hand, and an employee union on the other, relating to the terms and conditions of employment and work of workmen or concerning the relations between such parties”.

Collective Agreements are:

Collective Agreements are Enforceable Contracts They try to cover all workplace issues (but rarely do)

This necessitates the need to develop a process to resolve disputes during the term of a collective agreement

Collective Agreements :

Create rights and Obligations for each party

There are remedies in law for any breaches of these obligations

The parties to the contract are the only ones who can legally enforce the contract

Any disputes arising within the term of the contract are handled through a grievance process

Mandatory components of any Collective Agreements :

No strike / lockout during the term of the contract – creates stability

A provision for arbitration

Must be in force for at least a year

A provision that recognizes the union as the sole bargaining agent for workers

Mandatory dues check-off clause

Key Provisions of a Collective Agreements• Recognition and Definition

of the Bargaining Unit• No Discrimination –

workers cant be penalized for using the services of the union

• No Strike/ Lockout provision

• Management Right to manage

• Bumping Rights• Union employer committee

to solve disputes• Ability to leave work for

union business• Union Security (Rand

Formula, Closed Shop)

• Workload defined & Work Processes are defined

• Wages and Salaries defined (COLA Clause)

• Vacations • Leave (leave of

absence/Sick /Family/Parental/Paternity Leaves Etc.)

• Seniority & Job Security• Hours of Work• Overtime• Personnel records• Grievances• Duration of Agreement

The Grievance Process The Grievance process is designed to fix problems/disputes that arise within the terms of a

collective agreement

Grievor – the complainant – assumes a breach of the Collective Agreement

Step 1: Employee presents the matter orally to his/her immediate supervisor through his/her Shop Steward within a reasonable time of the occurrence or discovery of the incident giving rise to the alleged grievance and an earnest effort shall be made to settle the grievance at this level.

Step 2: If the employee fails to receive a satisfactory answer he/she may present a grievance in writing to the second managerial level designated by the permanent head who will give the grievor a dated receipt. In instances where there is no second level of management other than the Director of Human Resources, the employee may submit his/her grievance at

Step 3: If the employee fails to receive a satisfactory answer to his/her grievance may submit his/her grievance in writing to the Director of Human Resources who forms a committee, comprising an equal number of Employer and Union representatives.

Step 4: If the grievance is still not satisfactorily settled by the foregoing procedure, the grievance goes to arbitration – here a binding decision is reached

Types of Grievances Individual Grievances An individual grievance is a complaint that an action by management has violated the rights of an individual as set out in the

collective agreement or law, or by some unfair practice. Examples of this type of grievance include: discipline, demotion, classification disputes, denial of benefits, etc.

Group Grievances A group grievance is a complaint by a group of individuals, for example, a department or a shift that has been affected the

same way and at the same time by an action taken by management. An example of a group grievance would be where the employer refuses to pay a shift premium to the employees who work on afternoon shift when the contract entitles them to it.

Policy Grievance A policy grievance is a complaint by the union that an action of management (or its failure or refusal to act) is a violation of

the agreement that could affect all who are covered by the

agreement. A policy grievance may arise out of circumstances that could also prompt an individual grievance, insofar as the union claims the action taken by management implies an interpretation of the Agreement

Union Grievance A union grievance may involve a dispute arising directly between the parties to the collective agreement. For example, the

union would grieve on its own behalf if management failed to deduct union dues as specified by the collective agreement. In these cases, the union grievance is one in which the union considered its rights to have been violated, and not just the rights of

individuals in the local union.

Pros and Cons of the Grievance Procedure

Employee has a form to resolve disputes

Employee has union support

Employee gets services for free

The timeframes ensure a quick addressing and resolution to the problem

Only Union employees covered

Greivances sometime political

No work stoppage (do it and grieve)

Union decides which grievances to pursue