Question 7
You asked: Unifor 111 and the employer will now be heading into contract mediation. Can you outline the process and will any outcome be transparent in that details will be shared with members and since the employer initiated mediation could it be viewed as a small tactic?
Let’s get into it.
The best way to outline the process is to go directly to the BC Labour Board website. The Labour Code is the authority behind the process and they are very good at explaining in some detail how it works. Apart from reading the actual Code, they provide “discussion” pages that interpret and anticipate questions that most people would have.
As for CMBC’s action of applying for mediation being a “tactic” I would comment that it absolutely is.
BOTH parties have to agree to mediation and now we know that Unifor 111 has agreed so there can be no job action of any kind until 48 hours after the mediator books out.
If CMBC was concerned about job action during FIFA, this has eliminated that possibility.
The fact that we have “closed” bargaining completely stifles any possibility I have about commenting on the proposals, concessions or any other aspect of bargaining. The information “blackout” is by design. I find it undemocratic and very frustrating for not only myself but most of the membership as well. A reminder that we get what we vote for.
Thank you for the question.
Collective bargaining mediation
When the union and employer (the parties) are negotiating a collective agreement, they may need a neutral person to help. A mediator can help the parties reach an agreement on all or some of the terms of a collective agreement.
The Labour Relations Board can appoint a mediator:
by either party applying to the Associate Chair of Mediation
at the request of the Minister of Labour
Either party can apply to have a mediator appointed under the Labour Relations Code, Section 74 - Mediation officer and services for help negotiating a collective agreement, whether they are negotiating a first contract or whether they have a longstanding relationship.
Parties who are negotiating a first collective agreement also have the option of applying under the Labour Relations Code, Section 55 - First collective agreement.
When can a party apply for a mediator?
Once notice to bargain has been given, either party can apply for a mediator under Section 74. However, it is up to the Associate Chair of Mediation to decide whether to appoint a mediator. The Associate Chair will consider several factors such as:
the nature of the issues in dispute
whether the parties have made an effort to negotiate amongst themselves
the number of negotiation meetings held
the number of issues outstanding
If strike or lockout notice has been served, a mediator will only be appointed if both parties agree.
The Minister of Labour has the authority to appoint a mediator under Section 74 at any time during collective bargaining.
If either party applies for first collective agreement mediation under Section 55 of the Code, the Associate Chair must appoint a mediator within five days.
Can the parties apply for mediation after strike or lockout notice is given?
Either party can apply for mediation at any time after notice to bargain is given.
If the employees are already on strike or are already locked out when an application is filed under Section 74, then job action can continue while the mediator works with the parties to resolve the collective bargaining dispute.
If the parties aren't already on strike or locked out when an application is filed under Section 74, then they can't go on strike or lock out until 48 hours after the mediator has reported out of the dispute. This is why the Associate Chair will only appoint a mediator under Section 74 if both parties agree. The Board won't permit one party to delay the other from going on strike or locking out their employees by filing for mediation under Section 74.
Collective bargaining mediation under the Code, Section 74
If the mediator is appointed under the Code, Section 74, then either party can bring the formal process to an end by asking the mediator to report out. A party who wants the mediator to report out can do this by speaking to the mediator or telling the mediator in writing. The mediator will then advise the Associate Chair. The Associate Chair will formally confirm, in writing to the parties, that the mediator is reporting out.
The Associate Chair's letter to the parties will also confirm the start of the 48-hour period before which job action can start. The 48-hour period can run at the same time as the 72-hour strike or lockout notice period. This means that if either party gave strike or lockout notice that would have expired before the 48-hour period is up, then they can exercise their right to engage in job action at the end of the 48-hour period. However, if neither party gave strike or lockout notice (or if that notice would expire after the 48-hour period is up), they then have to wait until the 72-hour notice period expires to exercise their right to strike or lockout. Learn more about strikes and lockouts.
After reporting out of the dispute, a mediator appointed under Section 74 will remain available to help the parties to reach a collective agreement.
If the parties are bargaining a first collective agreement, they can still apply under Section 55 if Section 74 mediation isn't successful. Parties to a first contract don't have to apply under Section 74 before applying under Section 55, but nothing in the Code prevents them from doing so.