Human Resources Manual - 302 - Collective Bargaining

1. The Employer has a duty to bargain with the employees' associations in good faith.

2. These guidelines and procedures apply to all bargaining unit employees.

3. Collective Bargaining is the method used to determine wages, hours and other conditions of employment through direct negotiations between the Union and the Employer. The result of collective bargaining is a written agreement which covers all employees in the bargaining unit.
4. Bargaining Agent means an employees' association incorporated by an Act as the bargaining agent for the employees in a bargaining unit.
5. Bargaining Unit means a unit of employees established by the Public Service Act for the purpose of collective bargaining.
6. Collective Agreement means an agreement in writing entered into, pursuant to Sections 41 and 42 of the Public Service Act, between the Government of the Northwest Territories and an employees' association respecting terms and conditions of employment and related matters.
7. Emergency Situation means an emergency as reasonably determined by the Deputy Minister of Human Resources and relates to the requirement of essential services and emergency services in the event of a strike.
8. Employee, for the purpose of the collective bargaining process, means an employee who is a member of a bargaining unit.
9. Employer refers to the Government of the Northwest Territories.
10. Essential Services means services that are necessary to ensure a continuation of minimal service
    1. to protect the health and safety of the public;
    2. to prevent destruction or serious deterioration of machinery, equipment or premises; or
    3. to prevent disruption of the administration of the courts;
    and includes services provided by the most senior employee at each power plant who has responsibility for the on-site operation of the plant.
11. Essential Services Agreement means an agreement between the Employer and a bargaining agent as to which positions are required to ensure essential and emergency services are maintained in the event of a strike.
12. Executive Joint Consultation means the senior joint consultation committee comprised of the President of the Union of Northern Workers (UNW) and the Deputy Minister of the Department of Human Resources or his/her designated representatives.
13. Financial Management Board (FMB) means the committee of the Executive Council known as the Financial Management Board, established by subsection 3(1) of the Financial Administration Act.
14. Mediation is a process that allows parties to have the assistance of a third party in trying to reach a collective agreement or an essential service agreement.
15. Memorandum of Agreement refers to the various clauses agreed to during the negotiation process and recommended for ratification by the union membership and by the Financial Management Board.  The memorandum of agreement forms the ruling document from which the collective agreement is later drafted.
16. Memorandum of Understanding means an agreement reached in collective bargaining negotiations, or in executive joint consultation and signed by both parties to a collective agreement.  A memorandum of understanding is intended to clarify the meaning, application or administration of items included in the collective agreement.
17. Parties refer to the Employer and to a bargaining agent on behalf of employees.
18. Strike means a cessation of work or a refusal to work or to continue to work by employees, in combination, in concert or in accordance with a common understanding.
19. Teacher means a teacher as defined in the Education Act who is an employee and includes teachers of grades kindergarten to 12.

20. The Department of Human Resources is charged with the responsibility for negotiating collective agreements.  The Employer, the UNW or the NWT Teachers' Association will notify the other party in writing to commence bargaining collectively.  This notice is usually given several months in advance of the expiry of the collective agreement.
21. Under the terms of the Public Service Act, bargaining for the collective agreement must begin within 60 days from the date the notice to commence bargaining was given, or by a date set by the parties.
22. Under the terms of the Public Service Act, bargaining for the essential services agreement must begin within 20 days from the date notice was given to commence bargaining, or by a date set by the parties.
23. Sections 41 and 42 of the Public Service Act govern collective agreements.  The provisions of the Act bar certain matters from negotiation.  Collective agreements cannot deal with rents payable by employees to the Government or payments related to rentals from persons other than the Government.  The terms of the collective agreement cannot alter or eliminate terms of employment if this requires an amendment to legislation.
24. Where notice to bargain has been served, any term or condition of employment in force at the time remains in force for employees in that bargaining unit until:
    1. a new collective agreement that applies to the bargaining unit is signed; or
    2. the following conditions have been met:
       1. 21 days have elapsed since a mediator was appointed;
       2. an essential services agreement is in effect; and
       3. there is no longer a collective agreement in effect applying to the bargaining unit

Collective Agreement Negotiations

25. The Department of Human Resources, in consultation with senior management, identifies concerns and suggestions to use in the formulation of proposals.
26. The Department of Human Resources develops the mandate for bargaining that is submitted for approval to the Financial Management Board.  The Government's bargaining proposals are based on this mandate.
27. The two parties to the collective agreement prepare and exchange bargaining proposals containing those items they would like changed or included in the collective agreement.  The parties then negotiate and try to reach agreement.
28. If the parties are unable to reach an agreement to renew the collective agreement, they may submit the issues in dispute to mediation.  The mediator meets with the parties and tries to assist them in reaching an agreement.
29. If the parties are able to reach a negotiated settlement alone, or through mediation, they recommend the proposed changes to their principals.  The Government bargaining team seeks the ratification from FMB and the Union or Association holds a ratification vote for their members.  If both parties ratify the proposed changes, a new agreement is created and made available to the members of the bargaining unit.
30. If the parties are unable to negotiate an agreement, either alone or with the assistance of a mediator, the Employer may change the terms and conditions of employment and the members of the bargaining unit may strike.  Both of these courses of action are conditional on 21 days having elapsed from when a mediator was appointed, an essential services agreement being in effect, and there is no longer a collective agreement in effect that applies to the bargaining unit.

Essential Service Agreement Negotiations

31. The Department of Human Resources sends out a call letter to Departments, Boards and Agencies asking for a list of positions, with rationales, that they require to be declared essential or emergency services in the event of a strike.
32. The Department of Human Resources, in consultation with the Departments, Boards and Agencies, develops a proposal of all the positions to be declared essential or emergency services.
33. The Department of Human Resources, on behalf of the Employer, and the Union exchange proposals and negotiate in an effort to reach an essential services agreement.  The negotiating team, to clarify the rationale for certain essential services requests, may call upon representatives from the Departments, Boards and Agencies.
34. If the Employer and the Union are unable to negotiate a complete agreement, an arbitrator is selected to provide a ruling on the positions the parties have not been able to come to agreement on.
35. Once an essential services agreement is made, the Department of Human Resources advises each Department, Board and Agency of the results.  The Departments, Boards and Agencies then notify each employee in the bargaining unit who under the agreement is required to work during a strike, and shall indicate in the notice whether the employee is required to work to provide essential services or to respond to an emergency situation.

Financial Administration Act

Northwest Territories Teachers’ Association Act

Public Service Act
Section 41 & 42

Union of Northern Workers Act