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NEGOTIATION WORKSHOPDEMYSTIFY THE PROCESS OF
COLLECTIVE BARGAINING
1
OBJECTIVESExplain the bargaining process
Popularize the pre-bargaining work
Present the likely schedule for the next round of bargaining
2Negotiation Workshop - Presidents'
Conference - September 2009
PSSRA LEGAL FRAMEWORK
• S. 105 - Notice to bargain by the National PSAC President - 4 months before expiry of the collective agreement
• S. 106 - The 2 parties bargain in good faith
• S. 107 – The collective agreement remains in effect after the expiry date – conditions freeze (October 31, 2010)
3Negotiation Workshop - Presidents' Conference - September 2009
OUTSIDE THE LEGAL FRAMEWORK
• Consultation with the employer• Permanent agenda item for national
union-management meetings
• Meetings between the CRA and UTE/PSAC to plan for how the bargaining is conducted
4Negotiation Workshop - Presidents' Conference - September 2009
POPULARIZE THE PRE-BARGAINING WORK
• Presentation of the different submission processes for bargaining demands
• Explanation of the Formal Process• Roles and Responsibilities of UTE and PSAC• Work of the National Bargaining Committee• Bargaining Team• Preparations between PSAC/UTE and CRA
Negotiation Workshop - Presidents' Conference - September 2009 5
BARGAINING DEMANDS INPUT CALL
a) Internal UTE demands (labour relations officers) Executive Council Resolution
http://www.ute-sei.org/English/docs/executive-council/2008/april/index.cfm
allow submission of technical demands, e.g.
Redress process for revocation of reliability status
6Negotiation Workshop - Presidents' Conference - September 2009
INPUT CALL .... (cont’d)
b) Demands ongoing process (Members)UTE Bulletin
http://www.ute-sei.org/English/Publications/bulletins/2008/B07.cfm
Since 2005 Convention ResolutionApproved by local (Popularize demand)allow to participate more efficiently to the submission of bargaining demands not falling under the collective agreement, such as the Dental Plan
http://www.ute-sei.org/English/Publications/bulletins/2009/B07.cfm
7Negotiation Workshop - Presidents' Conference - September 2009
INPUT CALL .... (cont’d)
c) PSAC demandsResolutions adopted at the PSAC Convention that are submitted to all tables
d) Demands Official ProcessNotice by the PSACBulletin sent by the UTE to the locals– Explanation of the process, maximum of ten (10) bargaining demands, deadline
http://www.ute-sei.org/English/Publications/bulletins/2007/B05.cfm
8Negotiation Workshop - Presidents' Conference - September 2009
EXPLANATION OF THE OFFICIAL BARGAINING DEMANDS INPUT CALL
• Information sent to the Locals with the UTE Bulletin- Form- PSAC documents “Bargaining demands, bargaining unit, CRA Program Delivery and Administrative Services”, usually includes:
9Negotiation Workshop - Presidents' Conference - September 2009
EXPLANATION …. (cont’d)
1. Message from the National PSAC President
2. Criteria for submitting a good demand
3. Demands from various sources, e.g. Social Justice Funds, resolution adopted at the PSAC Convention
10Negotiation Workshop - Presidents' Conference - September 2009
UTE - ROLES AND RESPONSIBILITIES • Collect all demands through the ongoing
process, the formal process and the internal process• Communicate with the locals for clarifications,
e.g.missing signature of a member of the local executive
item not negotiable as part of collective agreement bargaining
11Negotiation Workshop - Presidents' Conference - September 2009
UTE - ROLES AND RESPONSIBILITIES (cont’d)
• Keep the original demands from the locals and members for reference
• Keep an internal log Local Date
recv’dCont.
ProcessFormal Process
Article # Title Subject Comm.
xxxxx 09-04-09 PC-01 PO-01 43 Family Related Leave
43.01 Add Grand-Parents
12Negotiation Workshop - Presidents' Conference - September 2009
UTE - ROLES AND RESPONSIBILITIES (cont’d)
• Rank, gather all demands and have them translated
• Prepare a document (electronic format) that fully includes all demands for the PSAC
13Negotiation Workshop - Presidents' Conference - September 2009
PSAC - ROLES AND RESPONSIBILITIES
• Prepare a working document for the National Bargaining Committee
• Provide informative documents• Designate a negotiator and a researcher
14Negotiation Workshop - Presidents' Conference - September 2009
WORK OF THE NATIONAL BARGAINING COMMITTEE
http://www.ute-sei.org/English/bylaws-regulations/regulations/regulation-10.cfm
• Composition of the Committee• Analyze, discuss and select the demands to
forward to the CRA
• Prioritize bargaining demands• Excerpt of the working document:
15Negotiation Workshop - Presidents' Conference - September 2009
Negotiation Workshop - Presidents' Conference - September 2009 16
NUMBER OF DEMANDS BY SUBJECTARTICLE #Interpretation et definitions
1
Precedence of Legislation and the Collective Agreement
1
Use of Employer facilities 2[…]Physical Activities 1Volunteer Leave Day 2Zones: GL-GS 2TOTAL 264
Negotiation Workshop - Presidents' Conference - September 2009 17
35 SICK LEAVE WITH PAYNo. Demand Rationale Comments68 Upon
retirement any unused sick leave credits be paid in full as part of an individual’s eligible retiring allowance.
a) Sick Leave Credits have been earned by employees[…]Submitted by:St.John’s (90001) Also submitted by: Sudbury (00042), Rouyn-Noranda (10009), Chicoutimi (10110)
Please review the attached brief on sick leave pay-out which was prepared for members in Treasury Board bargaining.
Negotiation Workshop - Presidents' Conference - September 2009 18
35 SICK LEAVE WITH PAY… (cont’d)
No. Demand Rationale Comments69 Sick Leave
credits earned but unused shall be paid out to an employee whose employment was terminated or retired.
Submitted by:Winnipeg T.C. (50031)
Negotiation Workshop - Presidents' Conference - September 2009 19
35 SICK LEAVE WITH PAY… (cont’d)No. Demand Rationale Comments77 Add an article
allowing sick leave credits to be paid annually or at retirement, in full or as a percentage.
Some employees have a great deal of sick leave credits and would like the opportunity to convert them into cash, like the Quebec provincial government allows its employees. Submitted by:Jonquière (10004, x28)
BARGAINING TEAM
• Select the members of the Bargaining Team
• Strategic meeting between the members, negotiator and researcher
20Negotiation Workshop - Presidents' Conference - September 2009
PREPARATIONS BETWEEN PSAC/UTE AND THE CRA
• By mutual agreement, set the dates for the bargaining
Preference: Period of 2 consecutive weeks?• Send the notice to bargain and exchange of
bargaining demands
21Negotiation Workshop - Presidents' Conference - September 2009
LIKELY SCHEDULE FOR THE PRE-BARGAINING ACTIVITIES AND THE BARGAINING
• December 2009 – Submission of technical demands by the standing bargaining committee for approval by the Executive Council (Labour Relations Officers)
• January 2010 – Official bargaining demand collection process and end of the ongoing process
Deadline will be earlier than in the past
22Negotiation Workshop - Presidents' Conference - September 2009
LIKELY SCHEDULE FOR THE PRE-BARGAINING ACTIVITIES AND THE BARGAINING (cont’d)
• January/February 2010 – Consultation with the employer to start bargaining earlier (tentatively)
• February 1/March 1, 2010 – Official bargaining demands submission process and end of the ongoing process
• March/April 2010 – Preparation of the discussion paper for the National Bargaining Committee meeting
23Negotiation Workshop - Presidents' Conference - September 2009
LIKELY SCHEDULE FOR THE PRE-BARGAINING ACTIVITIES AND THE BARGAINING (cont’d)
• Late April 2010 – National Bargaining Committee meeting
• July 2010 – Official notice to bargain sent to the employer
24Negotiation Workshop - Presidents' Conference - September 2009