Collective bargaining is a complex process governed by the Federal Public Sector Labour Relations Act for public sector employees and the Parliamentary Employment and Staff Relations Act for parliamentary employees. This website provides information and context on collective bargaining in the federal context to improve members’ understanding of this important topic.
This page provides answers to some of the most common questions on collective bargaining in the federal public sector.
Who is involved in the bargaining process for CAPE members and what are their roles?
- CAPE’s president, or their delegate, is the chief negotiator and oversees the process, working closely with bargaining committees and teams. Each member classification is represented by two groups with complementary roles: a bargaining committee and a bargaining team.
- The bargaining committee’s roles are to prepare proposals (positional bargaining) or define problems (interest-based bargaining), select the members of the bargaining team, work to an agreement or reject a final offer from the employer.
- The bargaining team is formed by members of the committee and works closely with CAPE’s staff and negotiator to ready themselves for the negotiations. Their role is to negotiate with the employer in good faith, following a mandate developed around priorities identified by the members and their bargaining committee. Essentially, the bargaining team goes to the table and participates in the day-to-day bargaining, while reporting back to the committee, which in turn reports to the membership at large.
Who decides what to negotiate on?
- CAPE members and their bargaining committee do. Bargaining committees consult the membership on what issues they wish to see negotiated. Members are typically consulted via online surveys managed through emails months ahead of bargaining sessions. The information collected helps set priorities and develop proposals to bring to the bargaining table. Feedback and answers submitted by members are kept strictly confidential and no identifying information is ever disclosed to management, at the bargaining table or elsewhere. Being registered as a member in good standing and having your updated email address in the CAPE membership portal is a prerequisite to participate in those surveys. Remember to use a personal email address to avoid emails becoming lost in the employer’s spam filter.
Who sits and can sit on a bargaining committee and on a bargaining team?
- A bargaining committee brings together a mix of CAPE staff and volunteer members chosen through a call for volunteers launched at least three months before the collective agreement expires. The selection process is detailed in By-Law # 7.1. [PDF]. Any member can volunteer to sit on a collective bargaining committee. Members of a bargaining team are made up of member volunteers chosen from within the bargaining committee.
Are there any restrictions on collective bargaining?
- Yes. The Federal Public Sector Labour Relations Act and Parliamentary Employment and Staff Relations Act establish that issues such as staffing, classification and pension cannot be negotiated by restricting that a collective agreement may not, directly or indirectly, establish, alter or eliminate any term or condition of employment if:
- doing so would require the enactment or amendment of any legislation by Parliament, except for appropriation of money required to implement the term or condition, or;
- the term or condition is one that has been or may be established under the Public Service Employment Act, the Public Service Superannuation Act or the Government Employees Compensation Act.
- doing so would require the enactment or amendment of any legislation by Parliament, except for appropriation of money required to implement the term or condition, or;
In effect, since the government has passed these pieces of legislation which govern those specific terms and conditions, the association is prevented from negotiating the terms or modifications to them in the collective agreement.
What happens at the bargaining table?
- At the initial stage of bargaining, both parties will participate in an exchange of proposals. The proposals presented by the employer and the bargaining agent outline the items each party wishes to amend, delete or add to the collective agreement. In subsequent meetings, the parties continue their discussion with the objective of reaching an agreement.
When does CAPE usually start negotiating with the employer?
- CAPE usually starts negotiating with the employer before the expiry date of your collective agreement. According to the Federal Public Sector Labour Relations Act, applicable for EC and TR groups, CAPE can send a notice to bargain four months before the expiry date of the collective agreement, at the earliest. For the Library of Parliament and Office of Parliamentary Budget Officer groups, notice to bargain can be served two months before the expiry date of the collective agreement at earliest. After notice to bargain is given, CAPE and the employer must meet and commence to bargaining collectively within 20 days, unless the parties agree otherwise. The union must indicate their preferred method for dispute resolution at the beginning of the process.
What happens in the case of an impasse?
- The chairperson of the Federal Public Sector Labour Relations and Employment Board (FPSLREB) may at any time, whether requested to do so or not, appoint a mediator to discuss with the parties and to assist them in settling the dispute by any means that the mediator considers appropriate, including mediation, facilitation and fact finding. If the mediation is unsuccessful, either party can request that an arbitration or conciliation process be launched.
What is involved in arbitration?
- For bargaining units governed by the Federal Public Sector Labour Relations Act, the bargaining agent has the right before each round to choose the mechanism for dispute resolution should an impasse be reached. If arbitration has been selected, should the parties reach an impasse during negotiations, the chairperson of the FPSLREB establishes an arbitration board to settle the matters in dispute. As soon as possible after being established, the arbitration board will attempt to assist the parties in resolving the issues. In addition to what has already been tabled, the parties make extensive submissions to the board justifying their positions.
If the parties still cannot come to an agreement, the arbitration board must make an arbitral award, and explain its reasons for the award on all the matters in dispute. The content of the arbitral award is then incorporated into the new collective agreement, which is then signed. The arbitral award binds the employer, the bargaining agent and the employees it represents.
What is involved in conciliation?
- Prior to serving notice to bargain each round, the bargaining agent has the right to choose the mechanism for dispute resolution they wish to use should an impasse be reached. Of note, this does not apply to bargaining units governed by the Parliamentary Employee and Staff Relations Act where arbitration is the only option available.
If the bargaining agent selects conciliation/strike, and the parties are unable to reach an agreement, after having bargained in good faith, either party can make a request to the chairperson of the FPSLREB for the establishment of a public interest commission to conciliate the matters in dispute. As soon as possible after being established, the public interest commission will attempt to assist the parties in resolving the dispute.
The public interest commission will submit a public report that includes its findings, recommendations and written reasons for its recommendations to the chairperson of the FPSLREB. The issuance of this report is one of the first pre-conditions to the parties entering a legal strike/lockout position. The recommendations of the public interest commission are only binding if both parties had agreed that they would be binding before the commission issues its report.
When are employees in a legal strike position?
- If the parties do not reach an agreement after receiving the public interest commission's recommendations, the bargaining agent can declare or authorize a strike, following a secret-ballot strike vote by the employees in the bargaining unit, provided certain conditions are met. The three main conditions are:
- 30 clear days have elapsed since the parties entered into an essential service agreement.
- 7 clear days have elapsed since the report of the public interest commission was sent to the parties.
- 60 clear days or less have elapsed since a strike vote was conducted.
- During a strike, the parties will continue to negotiate.
- 30 clear days have elapsed since the parties entered into an essential service agreement.
What are essential services?
- Employees occupying essential positions are prohibited from striking. The Government of Canada must ensure that Canadians have access to essential services in the event of a strike. The determination of whether a position is designated as essential is based on whether or not the position supports a government service, facility or activity that is, or will be, at any time, necessary for the safety or security of the public or a segment of the public.
It is in the government’s interest for this list to include as many workers as possible to limit the strength of any strike. It is in the union’s interest to have as few services and positions on this list as possible.
What is two-tier bargaining and when is it used?
- Two-tier bargaining is a mechanism that allows the employer and the bargaining agent, and one or more deputy heads, to focus on and tailor the terms and conditions of the agreement to specific situations in a given department or departments.
Consult the Guidelines for Two-Tier Bargaining for more information.
Once a collective agreement is ratified by both sides, how long does it take for the employer to implement the agreement?
- Unless a longer timeframe is specified in the agreement, the employer is bound by the Federal Public Sector Labour Relations Act and Parliament Employment Staff Relations Act to implement the provisions of the new collective agreement within 90 days after the day it is signed.
Do I need to wait for the bargaining process for my grievance resolution?
- Individual grievances and dispute resolution processes are separate from collective bargaining. If you feel you have been individually aggrieved, you are encouraged to contact your labour relations officer to discuss your concern and receive advice on the best course of action.
- It is important to note that during a round of collective bargaining and until a new collective agreement has been signed, the previous terms and conditions of employment are considered “frozen”. Therefore, you should generally expect the same guarantees you enjoyed leading up to the negotiation period.
