Negotiations...wht possible timing for a strike?

Question: Our Urban Ops collective agreement expired January 31, 2011. What happens now?

Answer: The answer is found in article 43 of the collective agreement and in the Canada Labour Code. The present collective agreement remains in ‘full force and effect’ until a new collective agreement is signed, or, until ‘…the requirements of section 89(1) of the Canada Labour Code have been met…’

Under Section 89.1 of the Canada Labour Code, if negotiations are not successful either the Union or Canada Post may give notice to the Minister that the parties have failed to agree on a collective agreement. The Union gave notice to the Minister on Friday, January 21, 2011.

On January 31st, 2011, the Minister appointed a conciliation officer. The officer has begun meeting with the parties and reports to the Minister within 14 days. This time period may be extended by the Minister to no more than 60 days. However, both parties could agree to extend it further.

As soon as the Minister receives the conciliation report, there are 21 days to go before the right to strike\lockout is in effect.

In other words, the present collective agreement is in effect, remains the same and cannot be changed until the Union has the right to strike or Canada Post has the right to lockout.

Question: How Soon Could We Be in a Strike\Lockout Position?

Answer: The date that the Union has the right to strike or that Canada Post has the right to lockout would be somewhere between 35 days to 81 days* following the appointment of the conciliator, Jacques Lessard, on January 31st, 2011. If the parties agree to an extension of the time limits, this date could be later. (*between March 7th and April 22nd , or later if the parties agree to continue the conciliation process)

Strike Vote

The legislation requires a secret ballot strike vote be conducted by the Union amongst all the employees of the bargaining unit before we can go on strike. A majority of those voting must be in favour of a strike in order for a strike to be called by the Union. The strike vote is valid for a maximum of 60 days. The Union is planning on conducting strike votes in late March\ early April.

Notice of Strike Date

The Union must give 72 hours advance notice to the Minister and Canada Post of the date we intend to go on strike. If that date passes and we do not go on strike, another 72 hours advance notice is required.

Notice of Lockout Date

Canada Post may lockout with 72 hours advance notice to the Minister and the Union. If that date passes and there is no lockout, another 72 hours advance notice is required. If Canada Post locks us out, the Union can call a strike without a strike vote and without 72 hours notice.

Federal Election Could Affect Right to Strike or Lockout

If Parliament is dissolved for an election, the Governor in Council may order a strike or lockout to be deferred until 21 days following the date fixed for the election results to be returned to the Governor in Council.

We Could Be Ordered To Vote on Canada Post’s Last Offer According to section 108.1 of the Canada Labour Code, the Minister has the right to order us, the employees of the bargaining unit, to vote on the employer’s last offer.

It is very important to stay informed and ready for action at this point in negotiations. Things could happen very quickly!

Phone Tree Growing

Get on a Phone Tree!...you need to feel sure that you will be aware of what is happening, and it could be happening with short notice!...(information sessions, strike votes, contract votes) make sure you and your correct number are on a phone tree! Contact Greg McMaster or Bev Ray to confirm you are ‘in’!

The local is preparing weekly bulletins on Negotiations 2011. Got a question you would like answered? Let us know. 780-423-9000 or 1-877-423-cupw, ext 223 Bev\President