Bargaining

The Collective Agreements (CAs) that governs the employment of all Internally-Funded Research Assistants, Teaching Assistants (Unit 1) and Contract Instructors (Unit 2) at Carleton has a limited life span, typically three years, although the term is something that is negotiated. Each Unit’s CA governs every aspect of our employment – from compensation and benefits, to working conditions and rights. When it expires, we have an obligation to re-negotiate it. This process is normally called “bargaining,” and it presents the greatest opportunity we have to improve our working conditions.

A strike vote is a vote held by the Union in order to confirm that the membership is ready and willing to strike in order to have its bargaining demands met. A strike vote is “successful” when a majority of our members vote to support their bargaining teams, up to and including a strike. A successful strike vote does not automatically trigger a strike, and nor does it mean that a strike is inevitable. In fact, a strong strike vote in which an overwhelming majority of members vote “yes” can be a powerful show of force that helps encourage management to take members’ concerns more seriously. That is, a strong strike vote can be a powerful strike aversion tool. A strike vote is also one of the three key procedural hurdles that a Union must clear in order to be in a legal strike position (the other two are conciliation and a no-board report). It may be held before or after filing for conciliation, but must be held before a no-board report is filed.

When a party files for “conciliation,” it means that it has applied to the Ministry of Labour, who then appoints a conciliator to help the parties to attempt to resolve any impasses and to hopefully reach a deal. Either party can file for conciliation at any point, typically after all bargaining proposals have been tabled, and it does not make a strike any more or less likely or inevitable. In past negotiations between Carleton and CUPE 4600, meaningful progress on negotiations is unfortunately rarely ever made prior to the appointment of a conciliator. Conciliation is one of three key procedural hurdles that a Union must clear in order to be in a legal strike position (the other two are a successful strike vote and a no-board report).

If after meeting(s) with the Ministry-appointed conciliator either party determines that bargaining has reached an impasse, they communicate that position to the Ministry of Labour, who then issues a formal “no-board” report. This report triggers a 17-day countdown to a “strike deadline,” after which time the Union can legally strike or the Employer can legally lockout employees. While it doesn’t happen every round, the filing of a “no-board” report at some point during negotiations between Carleton and CUPE 4600 is unfortunately a pretty regular occurrence. The “no-board” report is the third and always the final key procedural hurdle that a Union must clear in order to be in a legal strike position (the other two are a successful strike vote and filing for conciliation).

All three of the following things must be true:

1) the Union must have held a strike vote and secured a strike mandate from a majority of its members; 

2) either of the parties must file for conciliation and both must meet with the Ministry-appointed conciliator at least once; and 

3) either of the parties must request a “no-board” report, which, once filed, triggers a 17-day countdown to a “strike” or “lockout” deadline. 

A Union that strikes without going through these procedural hurdles is engaging in a “wildcat” strike, which means that its strike is illegal and that the Union and its executive face legal consequences, including significant fines.

A strike is a work stoppage initiated by employees in order to create pressure on an employer to table an offer that better addresses the demands of members. When you are on strike, you cease all work. Both Units of CUPE 4600 were on strike in 2023 (8-9 days) and in 2017 (1 hour).

In Ontario, the Employer can request the Ministry of Labour to direct a Union to vote on management’s last offer, forcing a vote on members against the wishes of the Union executive. A majority “yes” response to a “final- or last-offer vote” concludes bargaining, with members accepting a deal that its bargaining team had previously rejected. A “final- or last-offer vote” is a strategy that seeks to divide members of a Union, and so members would be well advised to reject any deal tabled to them in this manner.

A lockout is a work stoppage initiated by the Employer in order to create pressure on employees to accept a deal that does not address all of the demands of members. Lockouts in the post-secondary environment are rare, but they have occurred at some institutions. Universities are reluctant to take this option because it means that they are 100% responsible for the stoppage of classes.

After the 17-day countdown triggered by the “no-board” report ends, the Union’s prior Collective Agreement (CA) is null and void. Anyone who chooses to work after that happens is no longer protected by the various rights and privileges that the CA offers. This means that the Employer can fire or discipline you in an arbitrary fashion, or forgo providing you with compensation that you are otherwise normally entitled to. Even if you do work, that is, there is no guarantee that you will be paid for the work you do. In addition to these risks, continuing to work during a strike prolongs a strike and actively works against your own self-interest as well as the interest of the collective.