Thursday, March 5, 2009

Day - 3 Negotiations March 5 2009

Today the employer responded to our demands, and lets just say that they are being difficult, However in there opinion it was us being difficult. The team spent most of the day going over there responses to your  demands. The employer once again mentioned the 31st of March as a deadline. They once again mentioned there intent to push past the non monetary and deal with monitory issues. But keep in mind that the bargaining team that you put into place will not allow our members or your demands to be bought. This echo's  what a large majority of members have voiced to the bargaining team, that you will not sacrifice your demands for money.

The team also spent much of the day finalizing the monitory proposal. We have a collection of  a large number of collective agreements that we are currently checking and re checking to help tweak our proposal in the right direction.

Having said all of this I think it would be a good idea to explain the next step in the process that we may have to follow.  The employer mentioned to us that it was our responsibility to keep members informed.  So not to cause alarm but more in the spirit of information and knowledge I have included a description of the Conciliation process.

Watch for a bargaining bulletin in the near future.

 
What is Conciliation?

Conciliation is a process by which a trade union or an employer can ask the Ministry of Labour for help in resolving their differences so that they can reach a collective agreement. Either party may apply to the Ministry. If parties are in negotiations, conciliation is mandatory in the sense that the parties must use the government's conciliation services before they can get into a position to engage in a strike or lock-out.

How do you request the appointment of a Conciliation Officer?

The applicant must complete the Request for Appointment of Conciliation Officer form and forward it to:
Dispute Resolution Services
400 University Avenue, 8th Floor
Toronto ON M7A 1T7
Attention: Intake Officer
Application forms are available upon request. Please call (416) 326-7358.

What if the employer and the union cannot reach agreement in conciliation?

The conciliation officer informs the Minister of Labour that a collective agreement was unable to be effected. The Minister would then generally issue a notice informing the union and the employer that he or she "does not consider it advisable to appoint a conciliation board" (cl. 21(b) of the Act). This notice is known colloquially as the "no board". [Conciliation boards are exceedingly rare. They have not been appointed since the 1960s.]

What further assistance is available to the bargaining parties after a "no board" gets issued?

If the parties have not reached a settlement in the Conciliation stage, the Ministry offers to provide the services of a Mediator who will confer with the parties and endeavour to effect a collective agreement. Mediation is also a process by which a third party attempts to help a trade union and an employer in reaching a collective agreement. Since mediation is discretionary, the service is only used if both parties are amenable to it.

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