Module 7: Understanding Collective Bargaining

By the end of this module, participants will be able to…

  • Explain UTE specific context vis-a-vis Treasury Board,
  • identify the importance of collective bargaining,
  • outline the steps in the bargaining process,
  • highlight the roles in collective bargaining,
  • identify how they can be involved in the various stages of the bargaining process,
  • identify strike actions.

Introduction

Collective bargaining is how PSAC and management come up with the terms and conditions of employment for our members. 

UTE members work in such areas as Taxpayer Services, Debt Management, Audit, Finance and Administration, Human Resources, Information Technology (IT), Compensation, Enforcement, Appeals, and the Legislative Policy and Regulatory Affairs Branch (LPRAB). They fall into either the SP or the MG Classifications. These groups are covered under one collective agreement – the Program and Administration Services agreement (PA).

There is one other bargaining unit of CRA employees, the Audit, Financial and Scientific (AFS) group represented by the Professional Institute of the Public Service of Canada (PIPSC). This group of about 11,000 consists mainly of auditors, computer science professionals and financial specialists.

While the CRA is a separate agency, it must have its collective bargaining negotiating mandate approved by the president of the Treasury Board, pursuant to Section 58 of the Canada Revenue Agency Act. A tentative agreement must obtain Treasury Board endorsement.

What triggers bargaining? When does it happen and why? How does the union prepare?

When the existing collective agreement is about to expire, the union (or employer) will give notice to bargain. Once notice to bargain is given, based on the applicable jurisdiction, the parties have a set period of time during which to commence negotiations.

Prior to exchanging demands, the union conducts its internal bargaining preparation processes, which include:

  • Input on bargaining demands from members.
  • Selecting bargaining committee and/or negotiating team representatives from the membership.
  • Prioritizing bargaining demands/issues.
  • Having the demands package ratified by the membership (not always).

Membership involvement and mobilization form the bedrock of the collective bargaining process.

PSAC Constitution – Regulation 15

The three parts of this Regulation are 15A: Treasury Board and Agency Bargaining; 15B National Bargaining Units and Territorial Government Bargaining Units; and 15C Directly Chartered Local and Regional Bargaining Units.

15A – Treasury Board, Canada Revenue Agency, Parks Agency and Canadian Food Inspection Agency Collective Bargaining

Procedure

  • UTE receives the input call for bargaining demands from PSAC and sends it to each local.
  • Locals receive the bargaining input call; they establish the Standing Bargaining Committee that review and organize the input from members.
  • UTE then receives the bargaining demands, which then amends and/or supplements, selects the demands to be sent to the PSAC.
  • Bargaining demands can be received and reviewed by the UTE National Bargaining Committee at any time on a continual basis. Members can send as many demands as they wish. Also, Locals will be able to submit up to ten (10) bargaining demands when the official process starts a few months before the collective agreement expires. The Standing Bargaining Committee will notify of the cut-off date of the ongoing demand collection process.

Input call

  • 6 months before notice of bargain is served, PSAC will send out the call for bargaining input with the program of demands to the Components with members in the bargaining unit, which then forwards it to each Local.

Bargaining demands

  • The Standing Bargaining Committee is responsible for calling for and collecting bargaining demands from the locals and the UTE Labour Relations Officers. The Committee must compile the bargaining demands and propose a program of demands, which is submitted to the PSAC. This program is submitted to the National Bargaining Committee.
  • The National Bargaining Committee selects, modifies, writes or composes bargaining demands using the demands obtained from the Standing Bargaining Committee / locals and the UTE Labour Relations Officers. The Committee prioritizes all bargaining demands and submits them to the PSAC Collective Bargaining Branch within the established time frame.
  • The National President and 2nd National Vice-president sit on the National Strategy Committee with several key people from the PSAC to synchronize all strategies, actions and support that the bargaining team needs for achieving the bargaining objectives.

Election of bargaining team

  • They are dedicated union activists, engaged in union activities and committed to union principles, including social justice and human rights. AEC determines size of the team (looks at size of unit, reflection of geographic, occupational and equity group diversity). Usually between 7-9 members. Most of them are elected at the National Bargaining Conference.
  • Responsible for conveying information about the progress of bargaining to bargaining unit members and for explaining decisions made by them at the table.
  • They review the bargaining input, finalize the package of demands.
  • They must accept or reject a proposed MoS before it is sent to the members for a vote.
  • UTE established the Standing Bargaining Committee, the National Bargaining Committee and selected members for its bargaining team consisting solely of UTE members.
  • The roles and responsibilities of each representative on the committees and bargaining team are defined in the UTE regulations.  UTE participates in and oversees the strategies and resources in support of the bargaining team.  Moreover, the President and 2nd Vice-president are on the national PSAC/UTE coordination/strategy committee.
Here is what happens when things go smoothly:
  • Notice to bargain: The parties have an obligation to bargain in good faith. Notice to bargain is provided up to 12 months before the collective agreement is about to expire. Both the union and the employer can serve notice to bargain.
  • Bargaining: Has to begin within twenty days of serving the notice to bargain (unless the parties agree otherwise). The employer cannot alter the collective agreement during bargaining.
  • Designations/Essential Services Agreement
    Legislation provides a process for the employer to establish which positions are essential in the event of a strike. The agreement outlines which positions are designated essential in the event of a strike. No legal strike can take place without one. The employer consults with the union. The employer then notifies designated employees “as soon as feasible.”
  • Tentative Agreement: This means the union and the employer representatives have reached a proposed settlement. The AEC representative must be consulted prior to a settlement and if there is agreement, the union recommends adoption of the deal to the membership.   
  • Ratification Vote: Ratification meetings are organized and only members in good standing are entitled to vote on the proposed agreement.

    Ratification votes shall be held at meetings conducted for the purpose of explaining the terms of the tentative agreement, except where the isolated nature of the worksite or shift schedules require that special arrangements be made. 

    When legislation provides a process where a ratification vote on whether or not employees wish to accept a tentative collective agreement is also intended to constitute a strike vote, and all employees in the bargaining unit are entitled to vote in the strike vote, the following procedure shall apply:  
    1. employees in the bargaining unit who are PSAC members in good standing shall be provided with a ballot that asks whether they accept the tentative agreement or whether they reject it and authorize strike action; and  
    2. employees in the bargaining unit who are not PSAC members in good standing shall be provided with a ballot that asks whether the   employee authorizes or does not authorize strike action.
  • Collective Agreement: If members vote in favour of the proposed collective agreement, it is signed by the bargaining team members and the PSAC.  

This is the process which describes bargaining most of the time.

Sometimes the process is not that smooth. Here are the additional processes which come into play when bargaining becomes more complex:

  • Impasse: This is the moment when the parties clearly cannot reach agreement.  Either side can declare an impasse in bargaining and apply for a Public Interest Commission (PIC).
  • Strike Vote: Can only be authorized by the National PSAC President. These are conducted at meetings and information is provided on the issues and why a decision has been made to request a strike vote. All employees are entitled to vote in strike votes (not just MIGS). 
  • Strike: Can only be called by the National PSAC President. Can happen only 7 days after the release of the PIC report and within 60 days of a favorable strike vote. 

Public Interest Commission

  • By law, once impasse is reached, a Public Interest Commission is established to help the parties reach an agreement. The Commission is a panel of three – a chairperson agreed upon by both parties or, if no agreement is reached, appointed by the Labour Board, as well as nominees appointed by the union and management.  
  • The union and the employer both submit briefs and explain their positions on the outstanding issues at a hearing. The Commission then provides its recommendations for both parties to reach an agreement. Unlike arbitration, the Commission’s recommendations are not binding.  
  • Once the PIC releases its report, the FB bargaining team will meet to discuss the recommendations. Typically, bargaining teams and the employer return to the table to resume negotiations after the PIC.