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
• 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
What do union dues pay for?
