Settlement and ratification vote

If you decide to take the tentative agreement to a vote of the workers, you will need to hold a ratification vote of the workers.  The bargaining team and the union leaders will decide if they are recommending a yes vote for ratification, or a no vote.  The no vote should include a plan for what the union will do to increase the pressure on the employer to settle – strike, industrial action, work-to-rule or other strong action. 

Whatever their recommendation, the bargaining team and the union leaders will want a strong turnout and vote one way or another.  A split vote on whether to strike or ratify the tentative agreement can leave the union divided and weakened.  If there is a possible split vote, you might want to delay the strike vote while escalate campaign actions on key issues.  This will help pressure the employer for a better tentative agreement and engage workers in taking collective action rather than arguing with each other over next steps.

The bargaining team has by now done everything they can to get a good tentative agreement without striking.   It is common for unions to word the ratification ballot as a choice between “Yes, I accepting the tentative agreement” or “No, I reject the tentative agreement and will strike”.  Or the ballot might say “No, I reject the tentative agreement and I am prepared to ______.”   At this point in the process there is usually no more to be gained by voting no and sending the bargaining team back to the table without the pressure of a strike or industrial action.

If the workers do not vote in favour of the tentative agreement, the union will need to escalate the contract campaign and pressure the employer back to the table and into a better settlement.

Once you have a tentative agreement, you will need to move quickly to provide the details to your members before rumours can spread or management can distort the settlement.  The workplace arbolitos or communication networks and workplace delegate structures are critical (link).  Make sure your systems for quickly communicating with workers are well established and strong. 

Before you settle, make sure that there is a full written and signed tentative agreement on all subjects.  Draft any joint messaging with the employer(s), before anyone leaves the bargaining room or announcements are made.  If the employer announces the tentative agreement before you do, they are likely to slant their announcement in their favour and attempt to make the union look bad.

If you have not already done so when you set the ground rules for bargaining, secure the employer(s) agreement to not comment on the settlement until the union has completed the ratification vote.  Assuming that both union leaders and the employer(s) want the tentative agreement ratified, it is often not in the employer's interest to leak bits and pieces, which could affect workers' opinions of the settlement. 

The message to workers and the public should explain in the simplest possible terms what goals you achieved and how you hope to build on your gains in the future.   Be ready to quickly hold meetings, print and distribute copies of the tentative agreement, and call reporters.

You may need to line up in advance the locations of worker meetings, ballots, childcare and information about the tentative agreement.   You may want to keep bargaining going while you prepare ratification vote information and the messaging. 

The union must ensure that all workers have access to information and the voting process.  Provide all workers with a complete and full written explanation of the terms of the settlement.  The materials can begin with a summary of the major improvements and the major employer proposals that were defeated.   

There may be legal requirements as to how long workers much have access to the tentative agreement before they vote.  Mail and/or online balloting may be required.

If the union is recommending a yes vote, the ratification meetings (either online or in person) provide opportunity for questions and discussion, build collective pride in what was achieved and the determination to win further gains in the future.  If the union is recommending a no vote, the meeting will also include conversations about preparations to strike or take other strong action. 

Bargaining team members should be present at meetings and available to workers to explain various parts of the tentative agreement, the bargaining process and strike preparations, the next steps in the contract campaign, and the long-term vision of the union.   Anticipate and plan for controversial questions.

If there is a yes vote recommendation and there are major key proposals that were not resolved in the union’s favour, it may be important to have immediate campaign actions planned so there is a clear avenue to continue the fight on important issues.

Once the tentative agreement is voted and approved by the workers, the union may be required the union to lodge the approved tentative agreement, now a legal collective bargaining agreement, with a government authority.

To strike or take industrial action workers need to be prepared, have shown they will support campaign actions, be committed to the issues, and have the ability to seriously impact the employer's operations.   Industrial actions can include work slowdowns, sit down strikes, occupations, and strategic mass pickets.

Before striking, the union will want to make sure that workers have met set benchmarks for practice pickets or other strong collective action.  For example, __ % workers attending lunch time pickets or __ % workers signing a pledge committing to strike. 

A strike authorization vote can be held at any time during the bargaining process.  The vote authorises the bargaining team or union leaders to call a strike if needed.  The law may require a strike notice period between when the employer is notified of a strike and when the actual strike can begin.

A strike should not be called out of desperation or to save face in bargaining Industrial action should be taken when it is in the best interest of the workers and we believe we can win. A strike or industrial should not be threatened if workers are not prepared to act.

Due to the unity needed to win a strike, unions may require a vote of more than a simple majority to strike.

If the employer(s) and the union agree, the contract can be extended for a specific period of time beyond the contract deadline without changing the terms, benefits and conditions. This is most often done when both parties wish to continue negotiating past the contract expiration date.  Decide whether you will need to continue to escalate the contract campaign while negotiations continue.

A lockout usually occurs when the employer(s) decide to end the dispute.   The employer rather than the union decides to stop work after impasse or contract expiration.  The union may continue to indicate their willingness to return work.    Depending on your legislative framework a lockout could have advantages and disadvantages.  For example, in some countries, workers may gain additional rights to post-lockout rehiring guarantees and may also lose some of their rights to picket.

You will need to carefully research what worker protections continue under law when you work without a contract.  The employer may be able to implement their last best and final offer.  The usual grievance and arbitration and no strike clauses will be gone, and so the employer may be legally required to bargain over each and every grievance and the union may be able to strike more easily and frequently.  If workers are organised, this may enable the union to run a strong contract campaign inside the workplace and bring the employer back to the negotiating table.

It is important to plan what comes after the collective agreement is settled.  After spending much time and effort building the collective, campaigning and organising, unions leaders sometimes slow down and workers return to working as “normal”.  Momentum may only be built up again for the next contract, up to three years away, with the union becoming weaker and more vulnerable.  Instead, unions need to celebrate the wins and plan how to continue the fight through to the next bargaining period. 

Between contracts unions can campaign and organise around important issues, increase trade union education and skill building, build relationships with allies, research the employer and industry, plan social events that strengthen the collective, improve the participation of underrepresented groups, and expand communications in the workplace. 

The end of the bargaining period is a good time to strengthen and solidify arbolito and workplace leadership structures while they are activated. Plan to spend time with and mentor new leaders who have emerged.

It may be useful to review the Tool Box materials, particularly the sections on Campaigning and Organising.