Positive Labour Relations Across Canada Panel: Brian Blakeley, Labour Relations Operations, Ontario Ministry of Education Renzo Del Negro, CEO, B.C. Public School Employers Association Joanne Simoneau-Polenz, Director, Labour Relations Department, Quebec English School Boards Association Ronald MacLeod, Partner, Consultant, HR Atlantic Moderator: Peter Simpson, Director General, Federal Mediation and Conciliation Services April 7, 2017
Positive Labour Relations Across Canada Brian Blakeley Labour Relations Operations Ontario Ministry of Education
Central Central Bargaining Tentative Central Settlement Ratification of Central Terms By Unions and Trustees Associations Central Terms Approved by the Crown (i.e. TB/MBC) Collective Agreement** Local Local Bargaining* Tentative Local Settlements Ratification of Local Terms by School Boards & Local Units Under the SBCBA: *Local bargaining may occur at the same time as, or after, central bargaining. **A collective agreement is only completed once both central and local agreements are ratified.
Teachers FTEs - 139,055 Headcount 183,912 AEFO 8,119 Education Workers FTEs 69,185 Headcount 80,002 OSSTF 31,598 23% 6% OCEW EWAO 3,190 4% ETFO-EW 1,807 3% 5,736 OECTA 39,800 ETFO 59,538 43% 8% OSSTF-EW 13,670 20% CUPE 44,782 65% 28% Note: numbers indicated in chart represent FTEs for 2014-15
Positive Labour Relations Across Canada Renzo Del Negro CEO B.C. Public School Employers Association
BCPSEA & BC Teachers Federation
1987 Right to bargain 1988 1994 local bargaining 1994 75 local agreements (now 60) 1994 Korbin Commission - All of broad public sector - Resulted in creation of BCPSEA - Resulted in provincial bargaining
BCPSEA accredited bargaining agent - Authority to bargain on behalf of boards BCTF accredited bargaining agent - 75 individual certifications cancelled - 1 provincial certification held by BCTF Task = Bargain 1 master agreement
BCPSEA says Blank Slate - Start from scratch BCTF says Why lose what we fought for - Cherry pick the best provisions Task = Bargain 1 master agreement No transition plan was built in to the task Compensation mandate/wage limits
8 rounds of provincial bargaining 1 provincial agreement - Handful of common articles - 60 sets of local language appended to provincial agreement - Superior provisions Local bargaining (Appendix 2) - No right to strike locally
23 years No Master Agreement Numerous strikes including 1 illegal strike Most Employers want master agreement Union wants local bargaining back Provincial government financial objectives addressed Local operational objectives largely unmet
Two tiered systems don t work Use provincial approach or local approach Disclaimer Views expressed are solely those of the presenter and are not those of his Board or views expressed by the current or past governments.
Requires master agreement Requires a transition plan Resolution mechanism that ensures a final master agreement is achieved - Political stakes too high for voluntary agreement - Requires winners and losers
Structure relatively easy to implement local collective agreements largely already in place Requires provincial coordination - to prevent whipsawing - to contain costs
Possible coordination mechanisms - Provincial mandate to govern employers - Common bargaining team/spokesperson - Required provincial ratification body
BCPSEA & Support Staff Bargaining Unions
1959 present local bargaining 1994 BCPSEA accredited as bargaining agent Union certificate still held locally BCPSEA delegates authority to bargain BCPSEA ratifies for employer Compensation mandate/wage limits
2006 2010 Round of Bargaining 2010 Olympics desired labour peace Provincial incentives Provincial framework Local parties sign on - voluntary
Union realized this process was the only way to get extras This process creates buy in on financial mandate Unions agree to compensation mandate in exchange for its acceptance
Two tiered dilemma - Once money is known/made public: No monetary leverage to get changes Only have language to trade for language - Starting to see operational language become stale
Go provincial or go local Local currently works - add coordination mechanisms High Level Provincial Framework - Policy initiatives such as: Training/Professional Development Apprenticeships Employee Certification (Education Assistants)
Positive Labour Relations Across Canada Joanne Simoneau-Polenz Director, Labour Relations Department Quebec English School Boards Association
The negotiations process in the education sector is governed by two laws: An Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (Bill 37) Quebec Labour Code, specifically section 111.1 The Act provides for two levels of negotiations: Provincial and Local Provincial negotiations are grouped into two categories: Intersectorial and Sectorial
Intersectorial Education Health Public Service
Intersectorial referred to as the Central Table Subjects of negotiation Salary parameters Pension plans Parental rights Regional disparities
Sectorial Level Subjects of negotiation Union prerogatives Conditions of employment Workload and its organization Grievances and arbitration
There are 5 Management Negotiating Committees in the education sector (Comité Patronal de négociation) CPNCA CPNCF CPNC CPNCSC CPNCSK
The CPNCA s mandate is to organize and coordinate provincial sectorial-level negotiations QESBA Represents interests of the Association and of the nine English School Boards MEES Represents interests of the Ministry and the government as the paying agent for collective agreement costs
Teaching Staff Local agreements based on 28 matters listed in the Act (Bill 37) These matters remain in force until they are amended, repealed or replaced following agreement between the parties Nonteaching Professionals and Support Staff Local arrangements allow school boards and unions to amend clauses negotiated at the sectorial level They remain in force until a new collective agreement is signed
Positive Labour Relations Across Canada Ronald MacLeod Partner, Consultant HR Atlantic
TEACHERS: Newfoundland Provincial bargaining unit with central bargaining Controlled out of Department of Finance Contract expired August 2017 32
TEACHERS: Nova Scotia Provincial bargaining unit Two-tier bargaining Mostly big ticket money items at Provincial table New contract imposed by legislation expires August 2019 3% over 4 years and retirement allowance eliminated Legislation followed three failed tentative agreements
TEACHERS: Prince Edward Island Provincial bargaining unit with central bargaining Treasury Board controls money and School Boards provide input on operational matters No right to strike interest arbitrational model Contract expires June 2018 along with other public sector agreements Historically follows Provincial settlement pattern
TEACHERS: New Brunswick Provincial bargaining with central table controlled by Board of Management Contract expires February 2016 Historically follows Provincial pattern
SUPPORT STAFF: Newfoundland and Labrador: Local bargaining, but money controlled centrally Follows pattern bargaining within the province Contracts all expired in 2016 No provincial pattern evolved yet
SUPPORT STAFF: Nova Scotia: Local bargaining - money control centrally Contracts all expired in 2016 History of following provincial pattern, which is yet to evolve Government mandate of 3% over four years and elimination of retiring allowances
SUPPORT STAFF: Prince Edward Island: Provincial bargaining units Money controlled by Treasury Board Contracts are expiring in 2018 along with the balance of the Provincial public-sector Interest arbitration as dispute settlement Historically follows provincial pattern of bargaining
SUPPORT STAFF: New Brunswick: Provincial bargaining units Centrally controlled by Board of Management Historically has followed provincial pattern.
Positive Labour Relations Across Canada Questions? Moderator: Peter Simpson, Director General, Federal Mediation and Conciliation Services Panel: Brian Blakeley, Labour Relations Operations, Ontario Ministry of Education Renzo Del Negro, CEO, B.C. Public School Employers Association Joanne Simoneau-Polenz, Director, Labour Relations Department, Quebec English School Boards Association Ronald MacLeod, Partner, Consultant, HR Atlantic April 7, 2017