Collective Agreements and Grievances Bargaining Collective Agreements Agreement

Collective agreements and grievances bargaining

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Collective Agreements and Grievances Bargaining Collective Agreements • Agreement between employer & workers • Workers bargain together: collectively Collective Agreement: a legally-binding agreement between an employer and a union on the working conditions of that workplace The Bargaining Process Strike Votes vs Ratification Votes CAs often have rules around things like: • Health & Safety • Respect and Harassment
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• Scheduling Hours of Work • Breaks • Wages • Job Postings • Holidays/Vacations • Sick Leave • Union Communications with Members • Expenses (mileage, parking, etc) • Job Classifications • Performance Reviews A few things every CA must have in Manitoba: • Fairness provision – s.80 Fairness provision: when employer administers the CA, must be fair, reasonable, and in good faith. Typically connected to a management rights clause: management allowed to do whatever isn’t explicitly restricted • Just cause provision – s.79 Just cause provision: employer must have cause for disciplining or dismissing an employee. More stringently applied in a union context (as opposed to wrongful dismissal) • Access to grievance arbitration provision – s.78 Grievance Arbitration provision: Where a dispute exists re: the CBA, there has to a dispute-resolution process other than a work stoppage (e.g. strike/lockout) Workers/Unions can file grievances where they feel a violation of the CA has occurred – but must cite specific violations Parry Sound v OPSEU (2003): Human rights and similar laws are a part of every collective agreement, and therefore grievances can rely on them • Worker/union feels rights have been violated, union files formal complaint with employer • Employer may meet with union rep & worker • Can lead to settlements / agreements.. • ..but can also be escalated to arbitration Arbitration: • Mutually-agreed-upon arbitrator hears case • Issues binding decision • More like court than grievance hearings • Dues checkoff provision – s.76 Dues check-off: employer must deduct union dues of every worker covered by collective agreement Union Dues & Membership Dues often one of most contentious aspects of union membership
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What do union dues pay for?
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