Bargaining Overview
What is collective bargaining, and how does it work?
- Collective bargaining is the process through which employees, represented by their union and management in an organization, come together to meet, negotiate and compromise to determine the terms and conditions of employment.
- A collective agreement is a labour contract between an employer and a union, negotiated through collective bargaining and signed off by both parties.
- The Union of Northern Workers (UNW) is the union that represents the Government of the Northwest Territories’ (GNWT) public service, except teachers. The existing Collective Agreement Between the Union of Northern Workers and the Minister Responsible for the Public Service expired on March 31, 2009.
- Negotiations are now underway to reach agreement on a new collective agreement that will take effect when the current agreement expires.
Who decides when collective bargaining takes place?
Under the Northwest Territories’ Public Service Act, either party can decide when they want bargaining to begin. To start the process, either the UNW or the GNWT serves notice to the other party 60 days before they want to start discussions.
How does collective bargaining work?
Each party from the negotiations appoints a lead negotiator and a bargaining team. Each party develops a proposal that outlines what they hope to achieve during negotiations. The parties then sit down, exchange proposals, and review and discuss the individual elements of each party’s proposal. This can be a very time-consuming process, as each party may need to take time to discuss among themselves whether each element of the other party’s proposal is satisfactory.
During negotiations, each party may choose to withdraw or amend elements of their proposal, as well as to agree to proposals from the other party. When agreement is reached on each item, it is signed off by both parties.
This process can take weeks or months to complete.
The current Collective Agreement expired on March 31, 2009. What happens now?
The terms and conditions of the existing collective agreement remain in place until a new agreement is ratified or until the Employer imposes new terms and conditions of employment. The UNW may also consider job action (see questions below).
How long will the new agreement last?
The length of the agreement is an item for negotiation.
How many people does this collective bargaining affect?
According to the 2007 Annual Report of the Public Service, at the end of December 2007 there were 4,725 employees in the public service. Approximately 86% or 4000 employees are members of the Union of Northern Workers.
When did bargaining begin? How long will negotiations last?
The Union and the GNWT first met to exchange proposals and hold initial discussions from December 5th through 7th, 2008. Further negotiations were held from January 19-25, February 23-27, 2009, and March 4-6. The parties have negotiations scheduled for April 6-9, and April 20-24. Further sessions will be scheduled if necessary until an agreement is reached.
In addition to discussions on the collective agreement, the Public Service Act requires the parties to negotiate an Essential and Emergency Services Agreement, which outlines what positions would be required to continue working in the event of a strike. Negotiations on Essential Services started on November 24 and are nearly complete.
What are the GNWT’s goals for collective bargaining?
Our overall goal is to maintain an efficient, effective, and sustainable public service. To do this we need to:
- Invest in employees by remaining competitive in employee benefits
- Balance investment with financial responsibility
- Improve fairness and equity for all GNWT employees
- Clarify and simplify rules to reduce confusion and misunderstandings
What should UNW members expect as a result of negotiations?
It is not possible at this point to predict the outcome of the negotiations.
In developing our proposals, we took into consideration the economic environment, and recent precedents. We are working for an agreement that invests in our public service while remaining fiscally responsible.
Will the GNWT’s proposals be made public?
Yes. All written proposals tabled by either party have been posted on this website.
The UNW’s public announcement indicates that Essential and Emergency Services negotiations began on November 24. When will they be concluded?
These negotiations will continue until agreements have been signed off for every department and agency. We hope to have a final agreement completed in May 2009.
Will the Essential Services Agreements be made public?
Complete agreements will not be made public. General information on the nature of the Essential Services Agreements will be available on our website. Once completed, employees who have been designated to complete essential or emergency services will be notified.
What are Essential Services?
Click here for Essential Services Q&A
Is there a risk that UNW workers will go on strike?
The Public Service Act provides the UNW with the right to strike, but we won’t speculate on that risk. We’re confident our proposals find a balance between investing in our public service and being financially responsible. We’re confident we will be able to reach a deal with the Union.
What happens if negotiations fail?
If we can’t reach an agreement with the Union, the next step is to call in a mediator. At this time, we are focusing on working with the Union to reach a deal that invests in our public service and is fiscally responsible.
Under what conditions could UNW go on strike?
Before a strike can take place, certain preconditions must be met. First, an Essential Services Agreement must be in place. As well, 21 days must have passed since a mediator was appointed to help in reaching an agreement. Once that time has passed, the Union must give 48 hours notice of intention to strike, with date, time and initial location of the strike, before actually going on strike.
But we will work hard to avoid this.
What will happen to provision of Government programs and services if the UNW does go on strike?
If the UNW membership does go on strike, which we will work to prevent, most government programs and services would not be available for the duration of the strike. The negotiation of the Essential Services Agreement is critical because that will outline the services both parties agree are critical and must continue to be delivered during a strike – for example, emergency health care services.
Will the GNWT be ready if there is a strike?
If there is a strike, which we will work hard to prevent, the GNWT will have a contingency plan in place to ensure that we are prepared. This plan will provide for reassignment of non-unionized workers to priority areas. By focusing on the Essential and Emergency Services negotiations early in the process, the Government and UNW are ensuring that both parties will be prepared in the event of job action.
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