The Bargaining Process
This diagram and descriptions below illustrate the process by which a bargaining unit and an employer meet to exchange and negotiate proposals until new collective agreement is in place. Typically, a bargaining unit will include one or more occupational groups. For YUSA Unit 1, the certificate issued by the Ontario Labour Relations Board dated, December 10, 1975, recognizes YUSA as the exclusive bargaining agent for all its Employees within a twenty (20) kilometer radius of Metropolitan Toronto performing office, clerical, laboratory or technical work.
Learn More
If you’re interested in learning more about the bargaining process in the Canadian context or in Ontario specifically, you should visit the Government of Canada and Government of Ontario webpages respectively.
Preparations
Member consultations, surveys, research and preparation of proposed changes
Notice to Bargain
Either the employer or union can provide notice to bargain to the other, in writing, within 90 days before the agreement expires. The union and the employer must meet within 15 days of giving notice unless they agree to a different timeframe. More info: Visit the Government of Ontario
Start Negotiating
Proposals exchanged between employer and union. A strike vote is possible 30 days before, or, any time after the expiry of the Collective Agreement.
Mediation (if negotiations break down)
Mediation may happen if negotiations break down, held simultaneously with Conciliation. Both sides share the costs of hiring a mediator. More info: Visit the Government of Ontario
Conciliation (if negotiations break down)
The Ministry appoints a Conciliator upon request. If an impasse reached, Conciliator reports to the Minister who releases a “No Board Report”. More info: Visit the Government of Ontario
No Board Report (if there is an impasse with Conciliator)
The “No Board Report” issuance starts the 17-day countdown to when legal strike action can start. The expired Collective Agreement remains in effect and can’t be changed. A Mediator may be appointed if both parties agree. More Info: Visit the Government of Ontario
Job Action
17 days after the “No Board Report”, either side can legally take job action. Negotiations may continue during this period. More Information: Visit the Government of Ontario
Employer Action
Lock-out: right for employer to close workplace, suspend work, not employ employees, or unilaterally change employment terms and conditions. Written notice must be given 5 days before lockout begins.
Union Action
Strike: Must have conducted a strike vote, and can take the form of a complete labour stoppage or a slowdown of work “work-to-rule”. Written notice must be given 5 days before strike begins.
Tentative Agreement
Must be approved by a majority membership ratification vote.
Ratification
Both parties must ratify the tentative agreement for negotiations to be complete and a new collective agreement to take effect.
