Subjects for Bargaining

Most often the recognition clause is at the beginning of the contract and reads something like this, “The employer(s) recognises the union as the sole and exclusive bargaining agent, for the purpose of establishing wages, hours and conditions of employment.” This clause is important as it can allow the union to file a complaint to dispute conditions of employment that are not specifically covered in the contract.

The recognition clause also identifies which workers are covered by the collective agreement and who the employer(s) are.  Look to see if all workers are included. Are informal and subcontracted workers covered? If the employer(s) expand and grows their operations, will additional workers be brought into the coverage under the contract? If the employer(s) sell their operations, will the successor company have to uphold the collective bargaining agreement?

A management rights clause may say that the employer(s) has/have the right to run the workplace. This does not mean that they can change any working conditions any time they want. For example, if it says “management has the right to determine what methods are used in production”, the employer(s) will have to negotiate with the union over changes to working conditions. Even if management has a specific right given to them in the management rights clause, they usually still have to bargain over how using that right affects workers.

A grievance procedure is a written dispute resolution that typically begins with a meeting with the direct supervisor, the workers and the union. If there is no resolution within a specified timeframe, the grievance will proceed to a higher level in the company or companies and eventually to an independent arbitrator whose determination is binding on the parties.

Usually contracts cover one to five-year periods, but they can also cover an undetermined term with a written process for renewal. There may be legislation limiting the number of years the parties can agree to. 

You will need to decide and propose the ideal timeframe for your situation. Do you need to lock in the wages and benefits for as long as possible in order to protect them from cutbacks? Do you need to limit the contract to one year to provide the maximum opportunity to negotiate additional wages and benefits? Can you line up your contract expiration dates with other unions or for times of maximum impact on the company operations?

There are different ways wages and wage increases are expressed – across-the-board percentages and amounts, profit-sharing, minimum wages, lists of job classifications with step or grade increases, increases in inflation, living wage rates and area wage standards. You will need to decide which way of formulating wage increases or wage standards suits your situation.

Unless limited by law or regulation, the parties can bargain over any subject.  Here are some typical subjects for bargaining.

• Hours of work – breaks, overtime, work/family balance, right to disconnect
• Shifts and shift differentials
• Paid time off - vacations, holidays, medical leave
• Childcare and family leave
• Unpaid time off and leaves of absence
• Health and safety
• Accidents and disability
• Severance pay
• Health-care benefits
• Pension and retirement benefits
• Promotions and transfers
• Seniority
• Access and training for workers to be women’s advocates for domestic and workplace violence
• Safe and accessible transport
• Gender equity audits
• Job classifications
• Discipline and termination
• Layoffs and business closures
• Restructuring
• Automation and new technology
• Data-protection
• Subcontracting, causal and fixed-term employment
• Performance of work by management or others
• Skill training
• Non-discrimination and anti-racism/sexism
• Sexual harassment
• Staffing levels and workload
• Supervisory training and evaluation
• Workplace monitoring and privacy
• Call back pay
• Hazardous duty pay
• Travel expenses and pay
• Pay equity
• Second language differential
• Employer commitment to obey applicable laws
• Job assignments
• Personnel records
• Paycheck policies and payroll errors
• Workplace facilities and break rooms
• Bullying and harassment
• Transition to a green economy

• Membership, dues records, collections
• Hiring hall and workforce training
• Leave time and access to union educational training for workers and leaders
• Rights to union leave time, meeting time, dispute resolution time for delegates, bargaining team members, safety reps, elected leaders and members of labour-management committees.  With union leave, union leaders may receive part- or full-time wages while on leave to do union work.
• Access to information, workers and the workplace, employee orientations
• Union facilities (e.g., office, equipment, and furniture)
• Bulletin boards and meeting space
• Neutrality / limits to anti-union actions / access to unorganised workers, including those employed in the supply chain
• Union security clauses to protect workers and the union in the case of company buy-outs, mergers or acquisition.  For example, the union security clause may require the new owner to respect the collective bargaining agreement for its duration.

• Grievance and arbitration procedures
• No strike, no lock-out clause
• Industrial action – rights to stop work, picket and rally
• Settlement of previous pending grievances, litigation or disputes

• Passenger/customer safety
• Climate justice
• Housing access
• Public spaces
• Public transport
• Public access to health and education services and safety
• Climate justice
• Paid time and leave for community service

Informal workers may also find themselves bargaining over a number of issues such as the days markets will be open, the right to transport passengers and to work at specific locations, protection from bribes and police violence, facilities and services for workers, and access to capital or loans.