What is collective agreement ratification?
Ratification is the process by which CAPE obtains the formal consent of the membership to a tentative agreement. CAPE will hold a ratification vote for its members and inform the members in advance. If the members accept the proposed tentative agreement, a new collective agreement will be signed.
Before bargaining begins
CAPE sends out a survey prior to each round of collective bargaining, asking members what their priorities are. It also surveys members' opinions on the choice of dispute resolution process.
For EC and TR members:
Choice of Dispute Resolution Process
Under the Federal Public Sector Labour Relations Act (FPSLRA), the union must indicate its choice of dispute resolution process when notice to bargain is given to the Employer. This choice is valid as long as it is not changed by the bargaining agent
Notice to Bargain
Notice to bargain can only be given within the last four months of the agreement or arbitral award being in force.
Dispute Resolution Processes
If the parties come to a tentative agreement during negotiations, there will be a ratification vote.
There are two dispute resolution processes for EC and TR members: referral to arbitration or referral to conciliation/strike.
If the parties do not agree to a settlement at the bargaining table, a third party will make a decision on the unresolved demands (this process is called arbitration) and the decision on the issues still in dispute will be binding. The issues decided at arbitration and those previously settled at the bargaining table will become the "collective agreement". Since the PSLRA provides that the arbitral award is binding on the parties, no ratification vote is held.
If conciliation/strike is chosen as the dispute resolution route, the parties will still have to reach a tentative agreement, which will be subject to a ratification vote.
For LoP and OPBO members:
Dispute Resolution Process
For members working at the LoP and the OPBO, the Parliamentary Employment and Staff Relations Act provides only one method of dispute resolution: arbitration.
Notice to Bargain
Notice to bargain must be given within two months of the expiration of the collective agreement.
Dispute Resolution Process
If the parties come to a tentative agreement during negotiations, there will be a ratification vote.
If the parties do not agree to a settlement at the bargaining table, a third party decides on the unresolved issues — this is called arbitration — and the decision on the remaining issues will be imposed. These issues and those previously settled at the bargaining table become the "collective agreement". Since the legislation provides that the arbitral award is binding on the parties, there is no ratification vote.
