BARGAINING 101
Adapted with permission from UOIT Faculty Association with further input from CAUT, September 3, 2020
As the Lakehead University Faculty Association (LUFA) continues to bargain with the Board of Governor’s representative, we want to ensure that our members have as much information about the process as possible. Please read carefully through the following FAQ for general information about the bargaining process including information on Strike Mandate Votes.
Definitions
Normal Bargaining
Meetings are scheduled between LUFA Negotiating team and Lakehead University Board of Governor’s Negotiating team. During the negotiations, LUFA promotes the professional interests of its members, protects academic freedom and tenure, negotiates and monitors employment relations between the academic staff and librarians and the Board of Governors of Lakehead University, and endeavours to obtain and preserve adequate conditions of salary, financial security and employment.
Intensive bargaining
This phase involves the same process as normal bargaining, but the timeline is condensed with consecutive all-day sessions to increase momentum towards a deal.
Conciliation
Conciliation can be requested by either side and is a common step in the bargaining process. This process is offered by the Ontario Ministry of Labour to provide help in reaching a collective agreement. Either party may apply to the Ministry for a conciliator. Conciliators focus on getting a collective agreement settled. Conciliation is mandatory before the parties can engage in a strike or lockout. If conciliation does not result in an agreement, a legal strike or lock-out may begin on the 17th day after the day the Minister of Labour releases a written notice to the employer and the union that conciliation has ended. During this “countdown” period, bargaining continues. [Reference: Ontario – Bargaining]
Mediation
Optional – both parties have to agree. It involves a neutral third party who helps the parties negotiate a settlement. The Ministry of Labour can provide further assistance by appointing a government mediator, or both parties can hire a private mediator to help them reach an agreement.
Lockout
A work stoppage forced by the Employer. This is done to compel the employees to accept a collective agreement (i.e. – LU Board of Governors prevents us from coming to work). This can only occur after 17 days following the end of conciliation. [Reference: Ontario – Bargaining]
Strike
A withdrawal of an employee group’s services to an employer. This is a democratic pressure tactic academic staff can use in a unionized environment to get a fair settlement. If a union hasn’t held a strike vote even as it underwent a process of conciliation, a strike cannot legally take place.
Strike Mandate
A strike mandate does not automatically result in a strike. It can be used to secure a better deal at the table, but it must be credible. The LUFA negotiating team must receive direct and explicit empowerment from the membership in order to be able to carry forth a strike. This means that without a strike mandate, there is very little strength behind each proposal put forth by the negotiating team. Strike mandates are arrived at through a secret ballot election run by the LUFA. The majority of those voting must be in favour of a strike mandate in order for the negotiating team to be empowered. The result and turnout of this secret ballot is given to the Executive which decides how and when to release the results.
Ratification
At the end of the negotiation process, members get to vote through a secret ballot to accept or reject the new agreement. Similarly, the LU Board of Governors must also ratify the Collective Agreement. Both parties must ratify an agreement before it can be implemented.