Bargaining Glossary

Negotiations – The process in which a union presents the changes it would like to see in the collective agreement and management presents its proposed revisions, and two sides bargain toward what is usually a compromise position both can live with.

Conciliation – A process in which a conciliation officer employed by the provincial Ministry of Labour attempts to bring the two parties to an agreement. This may involve meeting with the two sides in the same room or separately. Where a conciliation officer fails to achieve an agreement, s/he usually recommends to the minister that a “no board report” be issued. This “no board report” stemming from conciliation, triggers the countdown to a legal lockout/strike situation.

No Board Report – Where a conciliation officer is unable to obtain an agreement between the two parties, s/he recommends to the Minister of Labour that a conciliation board not be appointed. This recommendation is called a “no board report” and 14 days after the release of this report, the two parties are in a “free legal position” which means the employer can lockout employees or the union can strike.

Mediation – A process in which a mediator, who may be either a government employee or a free-lance mediator, meets with both parties in an effort to achieve the compromises necessary to reach an agreement. The process is similar to conciliation, but mediation may take place at any point in the negotiation process, and under all legislation. One difference is that if a mediator fails to bring about an agreement, it does not have the same strike/lockout-triggering effect as failure at conciliation.

Proposals – All the suggestions from the members which form the package of demands the union gives to the employer. These proposals will be met by management counter-proposals, and revised again by the union in an effort to bargain a collective agreement acceptable to the members.

Negotiating Team – For the union, this is a group elected by the members to achieve the best possible contract. The team is responsible to the members for its actions and decisions.

Tentative Agreement – An agreement reached at the bargaining table, which both negotiating teams have agreed to recommend to their “principals”. The union team will recommend that the members vote to accept the agreement; the employer team will recommend that the top levels of management agree to the deal.

Lockout – An employer refusal to let members of the bargaining unit come in to work.

Strike – Job action by a union, which may include a slowdown, work to rule, walkout or any other collective action designed to bring pressure on the employer.