OPSEU Local 217 - Negotiations FAQ
Negotiations FAQ
What is Conciliation? Print E-mail
Saturday, 28 October 2006

What is Conciliation?

Conciliation is a process by which a trade union or an employer can ask the 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, conciliation is mandatory in the sense that the parties must use the government's conciliation services before they can get into a position to engage in a strike or lock-out.

How do you request the appointment of a Conciliation Officer?

The applicant must complete the Request for Appointment of Conciliation Officer form and forward it to:
Labour Management Services
400 University Avenue, 8th Floor
Toronto ON M7A 1T7
Attention: Intake Officer

Application forms are available upon request. Please call (416) 326-7358.

What if the employer and the union cannot reach agreement in conciliation?

The conciliation officer informs the 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" (cl. 21(b) of the Act). This notice is known colloquially as the "no board". [Conciliation boards are exceedingly rare. They have not been appointed since the 1960s.]

What further assistance is available to the bargaining parties after a "no board" gets issued?

If the parties have not reached a settlement in the Conciliation stage, the Ministry offers to provide the services of a Mediator who will confer with the parties and endeavour to effect a collective agreement. Mediation is also 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 are amenable to it.

The above is from the Ministry of Labour Website.



What is a Strike/Lock-out? Print E-mail
Saturday, 28 October 2006

What is a strike?

Section 1 (1) of the Labour Relations Act, 1995 defines a strike as 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.

What is a lock-out?

Section 1 (1) of the Labour Relations Act, 1995 defines a lock-out as 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 this 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.

When are the parties in a legal position to strike or lock-out?

A strike or lock-out is legal beginning on the 17th day after the Minister mails the "no board" notice. For example, if the notice was mailed on August 1, the parties can legally strike or lock out on August 18. There can be some confusion about this because the Act states that the period is 14 days after the release of a notice. The notice is not deemed to have been released, however, until the second day after it was mailed. This extends the period to 16 days, and since they must be 'clear' days, it means that a strike cannot legally start until the beginning of the 17th day. (See Sections 79(2)(b) and 122(2)(a) of the Labour Relations Act, 1995). In addition to the above, parties covered by the Crown Employees Collective Bargaining Act (CECBA). must have negotiated an essential services agreement before a strike can be lawfully initiated.

Must there be a strike vote before a strike can take place?

Employees cannot lawfully strike unless a strike vote by secret ballot is taken within 30 days or less before the collective agreement expires or at any time after the collective agreement expires and more than 50% of those voting by secret ballot in favour of the strike. In case of a first collective agreement, the vote must be conducted after the appointment of a conciliation officer. 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 members of the trade union, 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 final offer?

Any time before or after the commencement of a strike or lock-out, the employer may request the Minister of Labour to direct a vote of the employees in the affected bargaining unit as to their acceptance or rejection of the employer's final offer on all matters remaining in dispute. Upon the receipt of such a request, the Minister is obligated to cause such a vote to be conducted (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).

Do all employees covered by the Labour Relations Act, 1995 have the right to strike?

No. Employees of hospitals and nursing homes do not have the right to strike. Instead, unresolved bargaining issues are settled by binding arbitration. They are covered by the Hospital Labour Disputes Arbitration Act (HLDAA) (See Section 4 ).

The Labour Relations Act, 1995 also gives the union and the employer the right to agree voluntarily that the matters about which they are negotiating be referred to an arbitrator or board of arbitration, who will decide, after hearing arguments from both sides, what the terms of the collective agreement will be (See Section 40 of the Labour Relations Act, 1995). Once this agreement is reached, neither the union nor the employer is allowed to change its mind and engage in a strike or a lock-out.

The above is from the Ministry of Labour Website.



EI Benefits if there is a Strike Print E-mail
Wednesday, 08 November 2006

EI BENEFITS IF THERE IS A STRIKE

1. As a seasonal worker, who gets laid off regularly for the winter months and collects El during the layoff, am I eligible for El benefits if my regularly scheduled layoff occurs before to a strike or lockout? What happens when I perform strike duties and get strike pay during my lay off?

Yes, you may be eligible. Since your winter layoff is considered to be more than a short term layoff (i.e., more than one month) you are expected to be looking for work. You would be required to report your strike pay on your weekly El reporting cards. However, strike pay is not considered to be earnings for El purposes so it wiil not be deducted from your El benefits. However, remember that regular El is designed for people who have no jobs and are actively looking for work so reporting strike pay may cause El to check on your availability for work. If you spend too much time on strike duty, El may assume that you are not available for work and may cut you off.

2. As a seasonal worker, who gets laid off regularly for the winter months and collects El during the layoff, am I eligible for El benefits if my regularly scheduled lay off occurs after a strike or lockout begins? In other words, could I start my El benefits after the end of my contract?

No. Even though you normally would not being working in the winter and would not return to work until the next season, you would not be eligible for El benefits during a strike or lockout because the strike or lockout was the event that disentitled you to El benefits before you reached your normal layoff date. However, if your winter layoff has not ended when the strike or lockout is over, then you may be eligible to receive El benefits for the remainder of the time up to your return to work in the next season.

3. As a seasonal worker I was receiving regular El benefits prior to the strike/lockout. If I participate in a strike or lockout can I still receive my regular El benefits? What happens when I perform strike duties and get strike pay during my lay off?

Yes. You would be required to report your strike pay on your weekly El reporting cards. Strike pay is not considered to be earnings for El purposes so it will not be deducted from your El benefits. However, remember that regular El is designed for people who have no jobs and are actively looking for work so reporting strike pay may cause El to check on your availability for work. If you spend too much time on strike duty, El may assume that you are not available for work and may cut you off.

4. As a seasonal worker, what happens if I am scheduled to return to work during a strike?

Your regular El benefits end at the scheduled return date.

5. As a seasonal worker now collecting El benefits and without a scheduled return date will I continue to be eligible for El benefits during a strike or lockout?

Usually, yes. However, if the employer can convince El that there is a pattern of employment that shows that without the strike or lockout you would have been back to work, then El will cut you off.

6. As a seasonal worker, I received a phone call to return to work and signed a contract but I have only been scheduled for 2 days of work so far and I am not scheduled to work in the future. Am I eligible for El benefits during a strike or lockout?

It depends on the reason why you were not scheduled for more work. If it is because of a strike or lockout that you are not at work, then you would not be eligible for El benefits. On the other hand, if you had been recalled on an "on call" basis, then it would be harder for El to determine that you should be disqualified. Since this is not a dear cut situation, it would be best to apply for El and have them make the determination on your eligibility.

7. As a seasonal worker, I have been called back to work but I am only working 2 days per week. As a result, I am continuing to receive El benefits although my employment earnings are deducted from my El benefits. Am I eligible for El benefits during a strike or lockout?

If you are still working 40% of the week and receiving El benefits when a strike or lockout begins, then you would not receive El benefits for the 40% of the week that you are on strike or lockout but you could still maintain eligibility for the remaining 60%.

Don't forget that you would be required to report your strike pay on your weekly El reporting cards. Strike pay is not considered to be earnings for El purposes so it will not be deducted from your El benefits. However, remember that regular El is designed for people who have no jobs (or are less than fully employed) and are actively looking for work so reporting strike pay may cause El to check on your availability for work. If you spend too much time on strike duty, El may assume that you are not available for work and may cut you off.




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