At 8:57 on Friday May 17, 2013 before the start of the Victoria Day long weekend, the Employer requested by email that an URGENT phone conversation be set up between the Union and Management for a time period between 11:30 and 12:30 that day. The subject matter of the teleconference was not provided in the several emails exchanged between the parties to confirm the logistics of the teleconference. Richard Hogan (PSUO-SSUO President) and Marc Robillard (Provincial OSSTF/FEESO Negotiator) made themselves available for the teleconference at 12:10 and were informed by Caroline Roy-Egner (Associate Vice-President, Human Resources) that the University of Ottawa (the Employer) had filed for conciliation under the Ontario Labour Relations Act (OLRA).
At 14:17 on the same date, the Provincial Office of OSSTF/FEESO received a faxed copy of the conciliation request from the Employer’s outside legal counsel. During this period of time, the Employer updated their website to announce to the general public that they had asked the Ministry of Labour to appoint a Conciliator.
In OSSTF/FEESO’s vast experience of negotiating collective agreements in its 140 Bargaining Units, this is the first time that they have seen an Employer take such provocative actions without prior discussions at the Bargaining Table or providing sufficient notice for the Union to communicate with its membership.
The PSUO-SSUO Office has received comments from members regarding hearing rumours that the University may have asked the upper management of each of the Faculties and Services to prepare an action plan in the event that the Employer decided to lock-out its employees or job action was initiated by the Union. We do not know if these rumours are true and we cannot comment on the University’s intentions.
All we can do is provide you with the required information explaining the conciliation process initiated unilaterally by the Employer under the OLRA and clearly state the intentions of OSSTF/FEESO are to respond in an appropriate manner to the actions of the Employer with the express understanding that the ultimate goal is to reach a fair collective agreement between equal partners at the negotiations table. Provincial OSSTF/FEESO and the PSUO-SSUO leadership will continue to advocate for all members, provide the necessary protections to its members during these challenging times, and remind you that all legal options to accomplish these goals are still on the table.
What is conciliation?
It is a legal process under the OLRA by which the Union or the Employer can ask the Ontario Ministry of Labour to assign a neutral third party, experienced in contract negotiations and mediation, to help resolve the differences between the parties so that they can reach a collective agreement. Either party may apply to the Ministry without requiring the other party’s consent. Your Employer has submitted a written request on May 17, 2013 and the Ministry of Labour will normally appoint a Conciliator within 15 calendar days.
A meeting with the Employer, the Union, and the Conciliator will be scheduled sometime after the appointment of the Conciliator has been made at a mutually agreed to time. If the parties cannot agree on a meeting date then the Conciliator can unilaterally determine a meeting date, time, and location. The role of the Conciliator is to try and bring the parties closer together with the express goal of reaching an agreement between the parties. Several meetings with the Conciliator may take place or just one.
At any time in the process, either party can request what is called a “No Board Report” from the Conciliator. A “No Board Report” is requested when one of the parties believes there is an impasse in the negotiations and asks the Conciliator to not consider having a Board of Conciliation appointed to further attempt to bring the parties together. The Conciliator normally accepts the request for a “No Board Report” and issues the report within a few days of the request. Seventeen (17) calendar days after the issuing of the “No Board Report” is the earliest date either party can initiate any form of legal job action against the other party. The Employer’s potential actions include changing some or all of employees’ working conditions or the terms of the current collective agreement, forcing a mandatory and binding vote by the Membership on the Employer’s final complete offer, or locking-out the employees.
The Union, once a positive strike mandate is voted on by the Membership, could participate in a work-to-rule, conduct selective withdrawal of services, or go out on a full strike. At any point until a collective agreement has been reached between the parties, the appointed Conciliator can be of assistance including mediating a resolution if both parties volunteer to participate in the process.
Traditionally, a Conciliator is requested when an impasse has been reached between the parties when there are only a few key issues left to resolve in order to reach a tentative agreement to be brought to the membership for their approval through a secret ballot. As indicated in our previous bulletin of May 14, 2013 we have nearly two thirds of the articles that have not been agreed to by both parties and at least half of those deal with substantive issues important to all members of the Bargaining Unit.
Be assured that PSUO-SSUO and OSSTF/FEESO will communicate with members at each step of the process. We can confirm that the bargaining sessions scheduled for May 28 and 29 will still take place and probably without a conciliator due to the time lines for his or her appointment by the Ministry of Labour.
The Employer has decided to initiate the conciliation process and the Union now must participate in order to respect the OLRA. We will respond in an appropriate and measured manner to the Employer’s next steps in order to reach an agreement but if progress is not being made then we will come to you to give the negotiating team the necessary tools to ensure you are respected by the Employer and get a fair settlement.
An emergency membership meeting to inform you of the status of negotiations and ask you for a stronger mandate may be called on short notice so we thank you in advance for your participation and support.
Thank you for your patience.
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