Definitions – Collective bargaining in the core public administration
Application for certification
A request by an employee organization seeking to be certified as a bargaining agent for a group of employees that it considers a unit appropriate for collective bargaining.
Arbitral award
A decision (or “award”) issued by an Arbitration Board in relation to the matters in dispute, that is binding on all parties.
Arbitration
A process to resolve a dispute or difference arising from negotiations carried out as part of the collective bargaining process resulting in an arbitral award. There are two dispute resolution process options available: arbitration and conciliation. At the beginning of a round of negotiation, a bargaining agent for a bargaining unit must notify the
Federal Public Sector Labour Relations and Employment Board of the option that is chosen.
Arbitration Board
Consists of either one or three members appointed to resolve a dispute between the parties to collective bargaining. Upon request of either the employer or the bargaining agent, the
Federal Public Sector Labour Relations and Employment Board Chairperson may establish an Arbitration Board.
An agreement in writing, entered into by the employer and a bargaining agent, containing provisions respecting terms and conditions of employment and related matters.
Collective bargaining
The negotiations between the employer and the bargaining agent for the purpose of renewing, revising, or entering into a new collective agreement.
Conciliation
A process to resolve a dispute or difference arising from negotiations carried out as part of the collective bargaining process. Conciliation results in a Public Interest Commission (PIC) report that makes non-binding recommendations. There are two dispute resolution options available: arbitration and conciliation. At the beginning of a round of negotiation, a bargaining agent for a bargaining unit must notify the
Federal Public Sector Labour Relations and Employment Board of the option that is chosen.
A disagreement or difference that arises in connection with the entering into, renewal or revision of a collective agreement, and in which a dispute resolution process (either arbitration or conciliation) may be requested.
Employer
His Majesty in right of Canada as represented by
the Treasury Board, in the case of a department and agencies named in Schedule I and IV of the Financial Administration Act; and
the separate agency, in the case of a portion of the federal public administration named in Schedule V of the Financial Administration Act.
Essential service
A service, facility or activity of the Government of Canada that is or will be, at any time, necessary for the safety or security of the public or a segment of the public.
Essential services agreement
An agreement between the employer and the bargaining agent that identifies the types, the number and specific positions in the bargaining unit that are necessary for the employer to provide essential services during a strike.
The period where the employer and the bargaining agent come together to discuss their respective proposals. These typically run from one to three days per session.
Notice to bargain
A notice given in writing by the employer or the bargaining agent requiring the other to commence bargaining collectively with a view to entering into, renewing or revising a collective agreement.
Occupational group
A set of jobs or occupations related in broad terms by the nature of the functions performed.
Proposal
A change to the collective agreement that is suggested by the employer or the bargaining agent in the collective bargaining process.
Public Interest Commission (PIC)
Consists of either one or three members appointed to assist the parties in resolving the dispute. On recommendation from the
Federal Public Sector Labour Relations and Employment Board chairperson, a Public Interest Commission (PIC) is established. The PIC will submit a report to the chairperson with regard to its success or failure and as to its findings and recommendations for the terms of the collective agreement. The recommendations are non-binding. Should the parties continue to be unable to reach a settlement, the bargaining agent can declare a strike after seven clear days following the issuance of the report, providing all the required conditions are met.
Public service
Includes the core public administration (that is, the departments and agencies named in Schedule I and IV of the
Financial Administration Act), as well as the separate agencies named in Schedule V of the
Financial Administration Act.
Strike
A cessation of work or a refusal to work or to continue to work or a slow-down of work or any other concerted activity by unionized employees that is designed to restrict or limit output.
Tentative settlement
An agreement in principle between the parties regarding the renewal of a collective agreement. A tentative settlement is subject to an authority given to the employer from the Treasury Board and to a positive ratification vote by the membership of the bargaining agent before a collective agreement can officially be signed by the parties.
Round
The cycle that includes all the steps of collective bargaining until a new collective agreement is signed. Each round begins with a notice to bargain and includes several negotiations sessions.
