- New features
- MyConcordia
- Faculties & Schools
- Quick links
- Academic dates
- Art galleries
- Class schedules
- Class cancellations
- Administration
- Athletics
- Calendar - Graduate
- Calendar - Undergraduate
- Employee directory
- Event calendar
- Financial aid
- Health services
- Housing
- IT Services (IITS)
- Job opportunities
- Libraries
- Media relations
- Policies
- Registrar
- Security
- Shuttle bus
- Stores
- A-Z index
- Maps
- Site français
Main navigation (Level 1)
FAQ
The following section contains summary answers to frequently asked questions about Labour Relations, collective agreements, and the collective bargaining process. Most answers are derived from the Québec Labour Code.
Right of association
- What is the right of Association?
- Every employee has the right to belong to the association of her/his choice, and to participate in the formation, activities and management of such an association.
Certified associations
- What is a certified association?
- An employee association grouping a majority of the employees of an employer, or a majority of the employees in a distinct group with similar interests may be certified by the Commission des relations du travail as the sole representative of those employees, for the purpose of negotiating and applying a collective agreement.
- Are Concordia's employee associations certified?
- Most are. Of the associations that represent Concordia's faculty and employees, only The Association of Concordia University Management and Administrative Employees (ACUMAE) is not a certified association. This is because it includes persons employed as managers, supervisors, or representatives of the University in its relations with its employees. These people may not, under the provisions of the Quebec Labour Code, be part of a certified association.
- Who are the bargaining agents for the different unions?
- Here is some general information concerning Concordia University bargaining agents.
Concordia University Continuing Education Part-Time Faculty Union (CUCEPTFU)
The Concordia University Faculty Association (CUFA)
Concordia University Library Employees' Union (CSN) (CULEU)
Concordia University Professional Employee Union (CSN) (CUPEU)
The Concordia University Part-Time Faculty Association (CUPFA)
Concordia University Support Staff Union (CSN) (CUSSU)
Concordia University Support Staff Union, Technical Sector (CSN) (CUUSS-TS)
The Public Service Alliance of Canada/TRAC Union (TRAC-TA's) & (TRAC-RA's)
Collective bargaining
- What is collective bargaining?
- Collective bargaining is a process of negotiation between an employer and a certified association to produce a first collective agreement or the renewal of a previous collective agreement.
- When does the bargaining process start?
- Either party may give notice to bargain within ninety (90) days of the date the agreement is due to expire, or during any other time period specifically provided for in the agreement. In either case, the union and the employer must provide a minimum of eight (8) days notice from the giving of the notice to the first meeting, unless the parties agree to another time period. The bargaining process starts when notice is received by the other party. If no notice is given, notice is deemed to have been received on the expiry date of the agreement.
- What happens at the bargaining table?
- At the initial stage of bargaining, typically both parties participate in an exchange of proposals. The proposals presented by the employer and the bargaining agent outline the items each party wishes to amend, delete or add to the collective agreement or agreement. In subsequent meetings, the parties continue their discussions with the objective of reaching an agreement. The parties have an obligation to carry on negotiations diligently and in good faith.
- What is interest-based bargaining?
- While traditional bargaining focuses on what each party is requesting, looking for a compromise between sometimes opposing positions, interest-based bargaining, also referred to as principle based bargaining, places an emphasis on co-operation and working together to come to agreement on complex issues. It focuses on the parties' interests and strives to find solutions to issues which will best meet the interests of all parties.
- What happens to the terms of a collective agreement after its expiry date?
- The collective agreement remains in effect until the parties exercise the right to strike or lock-out. An agreement may provide for the agreement to remain in effect until a new agreement is signed. At Concordia, all agreements contain such a provision.
- What is a dispute?
- A dispute is a disagreement or a difference that arises in connection with the entering into, renewing or revising of a collective agreement.
- What happens if the parties are unable to agree on the terms of a collective agreement?
-
There are a few options:
- Either party may ask the Ministry of Labour for the assistance of a conciliator. Negotiations would then continue in the presence of the conciliator whose role is to facilitate a settlement.
- The parties may also submit their dispute to an arbitrator:
- In the case of a first collective agreement, following the unsuccessful intervention of a conciliator, either party may submit the dispute to an arbitrator. The arbitrator is required to first attempt to facilitate a settlement between the parties, failing which s/he will inform the parties that s/he will determine the content of the collective agreement. From that moment a strike or lock-out is prohibited. The arbitrator's award becomes the collective agreement between the parties and may be in effect for a period of one (1) to three (3) years.
- For all other agreements, the parties must agree and request the Minister of Labour to refer the dispute to an arbitrator. A strike or lock-out is prohibited from the moment the Minister refers the dispute to arbitration. The arbitrator's award becomes the collective agreement between the parties and may be in effect for a period of one (1) to three (3) years.
- If neither of the parties request conciliation or arbitration, they may exercise their right to strike or lock-out.
- What is conciliation?
- Conciliation is a service offered by the Ministry of Labour to assist parties in reaching agreement. Either party may apply for conciliation at any time during the bargaining process. Both parties are then obligated to attend meetings convened by the conciliator. Although very exceptional, the Minister of Labour may decide to begin a conciliation process without a request from either party.
- What happens if, during conciliation, the parties are unable to agree on the terms of a collective agreement?
- The parties may choose to apply for arbitration, as described above or may exercise their right to strike or lock-out.
Labour agreements
- What is a collective agreement?
- A collective agreement is an agreement in writing respecting conditions of employment made between one or more certified associations and one or more employer or employers' associations.
- Who is a party to a collective agreement?
- Only the certified association and the employer may be a party to a collective agreement. Employees are not party to the collective agreement.
- In which language must a collective agreement be written?
- In Québec, to be valid, a collective agreement, or any part thereof (letters of agreement, appendices, etc.) must be written in French.
- When does a collective agreement take effect?
- A collective agreement, or any amendment thereto, takes effect on the date it is filed with the Ministry of Labour. Such effect is retroactive to the date provided in the agreement, or failing such date, to the date of signing of the agreement.
- What is the duration of a collective agreement?
- A collective agreement must have a minimum duration of one year. However, there is no maximum duration, except for a first collective agreement, where the maximum duration is three (3) years.
- Can there be more than one Collective agreement with an employer?
- Yes, where there is more than one bargaining unit with that employer. However there may only be one collective agreement for each bargaining unit.
- Which provisions may a collective agreement contain?
A collective agreement may contain any provision related to working conditions and any provisions pertaining to Union rights, grievance resolution, seniority and movement of personnel.
Collective agreements may not contain provisions that are contrary to public order or prohibited by law. Such provisions would be null and void; however this would not invalidate the other clauses of the collective agreement.
- What happens when a collective agreement is silent on a particular subject?
- The employer has discretion to exercise its right to manage its operations.
- What condition must a certified association meet before it may sign a collective agreement?
- The signing of a collective agreement shall not take place unless it has been authorized by secret ballot decided by the majority vote of the members of the certified association who are comprised in the bargaining unit and who exercise their right to vote.
Strike and lock-out
- What is a strike or lock-out?
- A strike is a concerted cessation of work by a group of employees. A lock-out is the refusal by an employer to give work to a group of employees in order to compel them to accept certain conditions of employment.
- When can the parties legally strike or lock-out?
- In order to be in a legal strike position, an employee association must be a certified association. A strike may begin ninety (90) days after one party (either the employer or the certified association) receives the notice to bargain sent by the other party or, if no notice is sent, ninety (90) days following the expiry of the collective agreement. A lock-out is legal whenever it applies to a certified association that has the right to strike.
- What condition is necessary for a strike to be declared?
No strike may be declared unless it has been authorized by secret ballot decided by the majority vote of the members of the certified association of a bargaining unit and who exercise their right to vote.
The association shall take the measures necessary, having regard to the circumstances, to inform its members, at least forty-eight (48) hours in advance, that the ballot is to be held.
- Who can carry on work of the bargaining unit during a strike or lock-out?
An employee, who is a member of the bargaining unit that is on strike or locked-out, only when an agreement is reached to that effect between the Employer and the Union.
A manager, supervisor or Employer representative, only when that person has been employed prior to the beginning of the negotiation stage (the receipt of the notice to bargain or the day it is deemed to have been received).
- Can employees belonging to a bargaining unit on strike or locked-out continue to work during the strike or lock-out?
No. Employees included in a bargaining unit on strike or locked-out may not be employed by their Employer in their own establishment or bargaining unit, except as agreed between the Employer and the Union.
Employees included in a bargaining unit on strike or locked-out may not be employed by their Employer in another establishment or another bargaining unit during the strike or lock-out.
- Can employees belonging to other bargaining units carry on the work of employees on strike or lock-out?
- No. Employees from another establishment or included in another bargaining unit may not perform the work of employees in a bargaining unit on strike or lock-out.
- Is picketing governed by the Labour Code?
- No. As a general rule, peaceful picketing for the purpose of informing the public is accepted. However, intrusions, intimidation of persons crossing the picket line, threats, obstacles to circulation in or out of the employer's premises, slanderous or false statements are not allowed.
Grievances
- What is a grievance?
- A grievance is any disagreement regarding the interpretation or application of a collective agreement.
- Who may file a grievance?
- This is determined by the collective agreement. Typically, a grievance may be filed by the aggrieved employee, the certified association, or the employer. The certified association does not require the employee's authorisation to file a grievance on the employee's behalf.
- How are grievances resolved?
- Grievances are resolved in the manner provided for in the collective agreement. Failing resolution, a grievance must be submitted to an arbitrator chosen by the parties. If the parties do not agree on the choice of an arbitrator, the Minister of Labour appoints an arbitrator.
- What is grievance arbitration?
- Grievance arbitration is the presentation of a grievance at a hearing in front of an arbitrator, who decides how to resolve the disagreement. The arbitrator's role is limited to interpreting the collective agreement, and the legislation to the extent necessary to resolve the grievance. The arbitrator may not amend or modify the collective agreement.
- Is an arbitrator's decision final and binding?
- Yes, the arbitrator's decision is final and binding on the parties. However, in certain cases where the arbitrator has exceeded her/his jurisdiction, has failed to exercise her/his jurisdiction or has rendered a decision which is manifestly unreasonable, the parties may ask for a revision in Superior Court.
Contact us
- For general labour relations inquiries, email: labour@concordia.ca
- Employee & labour relations contacts
- HR contacts
