Collective Bargaining

The Context

The Context Continued

• The concern with repercussion effects; the government does not want to make concession in negotiations that might impact other bargaining situations.

• The Government as the Employer has to maintain "essential" services as per PSSRA
• The Government as the Employer has the power to legislate (back to work) and make changes to the rules of the game.
• There are major economic constraints on the employer's bargaining position (PSCRA, wage increases come from taxpayers money).
• Social costs of disagreeing (a strike) and increased political pressure.
• The comparability principle- 'fair comparison' to the private sector /various parts of public sector (Placed on hold with PSCRA).

Bargaining Agents & Bargaining Units

The fact that the federal government negotiates as a single employer, through the Treasury Board, with such a multiplicity of bargaining units adds a unique dimension to the bargaining context

What Impacts the Bargaining Context?

• The state of the economy
• Internal & External relativities
• Perceived need to catch-up by particular groups
• The question of job security
• The pattern set by other negotiated agreements
• the history of bargaining relationships between the parties
• Calibre of negotiators at the bargaining table
• Perceptions parties have of one another

The Process

Bargaining agent

An employee organization that is certified by the Public Service Labour Relations Board to represent employees in a bargaining unit.

Bargaining unit

A group of two or more employees that is determined by the Public Service Labour Relations Board to constitute a unit appropriate for collective bargaining

Preparations for Negotiation Stage

• Existing collective agreement is a starting point for negotiations
• TBS will gather information from a number of sources (researchers, analysts, experts)
• Both parties develop their bargaining positions, obtain a bargaining mandate and establish bargaining teams. (6 Months before)
• This stage ends with the bargaining agents submission of demands. (Now ready to negotiate)
• For employer this stage lasts longer as the TBS must now consider the demands submitted by the bargaining agent. (Might need to consult departments)

Prelude to Collective Bargaining

THE COLLECTIVE BARGAINING PROCESS

• Postal Employees were the first to organize in 1889
• The Civil Service Association of Canada formed in 1907--later renamed, merged, reformed to become the Public Service Alliance of Canada 1966
• The Professional Institute of the Public Service (PIPS) 1920

Formal Initiation of Bargaining Process

• Bargaining agent must first specify or make changes to the process applicable for resolution (Strike, Arbitration, Conciliation) before giving notice.
• Either employer or bargaining agent may give written notice to bargain to the other.
• Once notice is given parties are required to meet and commence to bargain collectively in Good Faith and make every effort to conclude a collective agreement. (They have 20 days)

Structure

Dynamics

Confidence and Communication between parties play a huge role in the dynamics of the bargaining process. Having a relationship and trust between both parties is key to negotiation.

• Indirect political influence can affect the bargaining climate.
• Perceptions of negotiators and mandates ('message boys")
• "End-run" tactics (attempt to avoid a difficult situation by dodging it)
• Relationships and perceptions from previous rounds of negotiations (lack of respect, belief there is no mandate to settle, lack of experience or ability)
• Delays can exacerbate poor relationships and delays can be used intentionally to feel out the other parties intentions.
• Choice of impasse procedures (perception of its clout)

The End Result

Defined

A Collective Agreement

But if not.......

• A reference to arbitration
• A request for the establishment of a conciliation board

The process of negotiation between an organized body of employees and their employer or employers to determine wages, hours, rules, and working conditions.

Collective Bargaining