Definitions

Glossary of Key Collective Bargaining Terminology

 

Ambulance Services Collective Bargaining (ASCB) Act, 2001
When a collective agreement that includes “ambulance workers” is being negotiated, the legislation requires that the employer and the union(s) must have essential ambulance services agreement(s) before ambulance workers in the bargaining unit can engage in a strike.

The ASCB Act applies to the City of Toronto and certain employees engaged in its operations of Toronto Paramedic Services covered by the City’s collective agreement with TCEU Local 416 and with CUPE Local 79.


City Paid Union Leave
A provision in the collective agreement that provides leave for union business that is paid for by the employer.

Collective Bargaining
A method of determining wages, benefits, working conditions of employment through a process of negotiation between a union and an employer.

Collective Agreement (CA)
A negotiated contract between an employer and a union that describes the terms of employment for the employees represented by the union that includes, for example, wages, benefits, hours and working conditions.

Collective Bargaining Subcommittee
A subcommittee of the Executive Committee that makes recommendations on collective bargaining.

Conciliation
Conciliation is a step in the collective bargaining process whereby the Province appoints a conciliation officer to meet with both parties to resolve their differences and achieve a collective agreement.

Contract Proposals
Contract language put forward by the union or the employer during collective bargaining.

CUPE, Local 79
Canadian Union of Public Employees, Local 79 representing approximately 24,000 permanent, temporary, part-time employees and recreation workers covered by four collective agreements.

Employee & Labour Relations Committee
Please see “Executive Committee” and “Collective Bargaining Subcommittee”.

Executive Committee
The Executive Committee makes recommendations on Council’s strategic policy and priorities, governance policy an structure, financial planning and budgeting, fiscal policy including revenue and tax policies, intergovernmental and international relations, Council and its operations, and human resources and labour relations.

Essential Ambulance Services Agreement (EASA)
An agreement between an employer and a union covered by the Ambulance Services Collective Bargaining Act, 2001 that sets out the conditions through which “essential services” will be provided by an employer and its employees.  There are two essential services agreements at the City of Toronto: one with TCEU Local 416 and the other with CUPE Local 79. Disputes between the City and TCEU, Local 416 that are not resolved for Paramedics through collective bargaining will be resolved through interest arbitration.

Fringe Benefits
Drug prescriptions, paramedical coverage, vision, dental, short-term (sick pay) and long-term disability paid leave, paid holidays, paid vacations and other benefits that are provided to employees by an employer in accordance with the terms of the Collective Agreement.

Good-faith Bargaining
Bargaining where two parties make every reasonable effort to reach a collective agreement. Good-faith bargaining does not preclude “hard bargaining” by either party.

Grievance
An alleged violation, misinterpretation or misapplication of a provision of the collective bargaining agreement.

Grievance Procedure
A set of progressive review steps established in a collective bargaining agreement for the handling of complaints/grievances made on behalf of employees by a union.

Hospital Labour Disputes Arbitration (HLDA) Act
The HLDA Act prohibits strikes and lock-outs where collective bargaining involves employees of hospital, nursing homes and homes for the aged; if these parties are unable to reach a negotiated settlement, the bargaining impasse is resolved by binding interest arbitration.
The HLDA Act applies to the City of Toronto in its operation of its 10 Long Term Care and Homes and the employees covered by the City’s collective agreements with CUPE Local 79 for long term care and homes employees.

Impasse
A deadlock in collective bargaining negotiations where after bargaining in good faith, the parties have failed to reach an agreement on one or more issues.

Injunction
A court order that restrains a party from committing or engaging in certain acts or activities.
Section 102 of the Courts of Justice Act regulates when the Court in Ontario has jurisdiction to issue an injunction in a labour dispute.

Interest Arbitration
A process through which an employer and a union resolve matters to which they cannot agree, through collective bargaining through an arbitration process. Certain City employees engaged in the Toronto Paramedic Service and the operation of the City’s Long Term Care Homes are entitled to access this process in order to resolve matters to which the parties cannot agree through collective bargaining.

Labour Relations Board (Ontario)
The Ontario government independent board appointed to facilitate harmonious labour-relations and resolve disputes between parties under the Labour Relations Act, 1995 (“LRA, 1995”). The LRA, 1995 governs both the process by which a trade union acquires bargaining rights and the procedures by which trade unions and employers engage in collective bargaining in Ontario.

Lockout
The refusal by an employer to continue to employ employees or the suspension of work by an employer for the purpose of compelling the union to accept new terms or conditions of employment.

Management Rights
Certain rights that management maintains as fundamental to its ability to effectively manage and operate its organization. These rights are often expressly reserved to management in the management’s rights clause of the bargaining agreement. Generally, they include the right to hire, promote, suspend or discharge employees; to direct the work of employees; and to establish operating policies and practices. Any other provision in a collective agreement limits management’s rights.

No Board Report Process (Stage One)
A Conciliation Officer writes to the Minister of Labour if s/he determines, after the conciliation process commences, that the two negotiating parties (employer and union) are at an impasse.

No Board Report Process (Stage Two)
Upon receipt and review of a Conciliation Officer’s notification, the Minister of Labour, generally, notifies the negotiating parties, in writing, that s/he “does not consider it advisable to appoint a conciliation board.” This notice is known as the “no board”.

Such notification to the employer and the union results in a 17-day countdown with an effective date where a union can commence a strike or an employer can commence a lockout; such deadline commences on a specific date set at 12:01 am (i.e., one minute past midnight). However, there is no obligation by either party that a strike or lockout need commence after that deadline.


Redeployment
A collective agreement process used when an employee has been given notice of position deletion that results in them potentially moving either to an alternative similar vacant position, if available, or utilizing a process known as “bumping” where the employee exercises his/her seniority rights to displace employees with less seniority.

Shift
The stated daily working period for a group of employees.

Strike
A work stoppage, a refusal to work or to continue to work by employees or a slow-down or other concerted activity on the part of employees designed to restrict or limit work for the purpose of compelling their employer to agree to new terms or conditions of employment.

TCEU, Local 416 – CUPE
Toronto Civic Employees’ Union (CUPE), Local 416 representing approximately 5,400 permanent, temporary and seasonal employees.

Term
The negotiated length of the collective bargaining agreement that the agreement will remain enforced.

Unfair Labour Practice (ULP)
A charge filed with the Labour Relations Board (Ontario) by one party against the other alleging a violation of the LRA, 1995.

Union Dues
A monthly payment by members to their union that is normally collected by an employer on behalf of a union; the amount is set by either the union’s constitution or bylaws, and is subject to approval by the membership.

Work Rules
Rules regulating on-the-job conditions of work, usually included in a collective agreement.