Section 3: Labour Relations and Record Keeping

Lesson 3: Collective Agreements

Unions were initially formed as a result of poor working conditions, but over the years have evolved to now benefit both employers and employees. For instance, it is not feasible for large corporations to deal with employees on an individual basis. Instead, it is much more practical to negotiate with one group that represents all employees. This is the role of a union. In turn, union members benefit from increased bargaining power and job security.

In each province the Labour Relations Act stipulates the types of occupations that can organize a union. In addition, there is a Labour Relations Board that serves to control, supervise, and legislate the formation and operation of unions.

An employer may be against the formation of a union; however, he or she cannot threaten or intimidate employees against joining a union. Similarly, a union cannot coerce employees to join. In order to be able to represent the employees of a business, the union must apply to the Labour Relation Board for and demonstrate that the majority (50% + 1) of employees want the union to be their bargaining agent.

The primary function of a union is to represent its membership in the collective bargaining or negotiating process. These cover such things as benefits, wages, vacations, working conditions, and training. In a recently certified union, the union will provide written notice to an employer of its desire to bargain. The employer and union must then meet to begin negotiations. The union will present a proposal of what it would like to see in a collective agreement. After considering the proposal, the employer will put forward an offer. The union negotiators may choose to accept or decline, although they will certainly take it back to the union members for discussion and possibly a vote on its acceptability. When the two sides cannot come to terms, a mediator will be appointed to help the two sides come to an agreement.

Individuals cannot negotiate separate contracts for themselves with the employer. There are, however, provisions for dealing with individual grievances.