Labour Negotiations Frequently Asked Questions
Negotiation Terms
Collective bargaining is the process by which the University and various unions representing University academic and support staff negotiate collective agreements. The process normally focuses on such issues as wages, benefits, and working conditions. There are 11 certified bargaining units at the University of Guelph.
A collective agreement is a contract between the University and a union. It outlines the terms and conditions of employment for the employees represented by the union. These include wages and benefits but also things like the nature of the work and the obligations of the University, the union and the employee. A collective agreement also contains a dispute resolution process for when disagreements arise between the University and its employees.
A compact is an agreement negotiated between the University and an association on behalf of its members. At U of G, non-unionized staff members are represented by the Professional Staff Association (PSA) which negotiates a compact on their behalf.
A union is an organized group of employees that engage in collective bargaining to negotiate employment terms. Membership with a union is mandatory if a job is unionized and unions operate within legal frameworks that govern labour relations and collective agreements.
An association is also an organized group of employees, but membership is optional and the association isn’t governed by the same legal frameworks as unions. Associations cannot strike, have negotiations instead of collective bargaining, and typically work collaboratively with the employer. They often provide resources, training, and support for career development.
At the University of Guelph, the Professional Staff Association (PSA) represents Professional and Managerial (P&M) staff.
The Memorandum of Agreement (MOA) is a critical document that summarizes the negotiated terms between the university and the union. It’s essential to clarify its purpose and significance.
A Tentative Agreement means that the University and the union have agreed to the terms of a collective agreement. The Tentative Agreement is then ratified (approved) by the Board of Governors and the membership of the Union.
If the parties cannot come to an agreement through conciliation, either may request that the Minister of Labour issue a “no board” report. Seventeen days after the “no board” is issued, both parties are in a legal strike or lockout position.
The Labour Relations Act defines a strike as “a cessation of work, refusal to work or to continue to work, by employees in combination or in concert or in accordance with a common understanding, or slow-down or other concerted activity on the part of employees designed to restrict or limit output.”
A strike cannot occur until 12:01 AM on the 17th day after a “no board” has been issued.
The Labour Relations Act defines a lockout as “the closing of a place of employment, a suspension of work or a refusal by an employer to continue to employ a number of employees…”.
The Collective Bargaining Process
Collective agreements and compacts can be found on the Employee Groups & Agreements page of the Human Resources website.
The Ontario Labour Relations Act outlines the collective bargaining process for University employees represented by unions. Read more about the process on the Ontario Ministry of Labour website.
The length of negotiations can vary, depending on how long it takes to come to a mutual agreement on key priorities. You can check the negotiations update pages for updates on negotiations with specific employee groups.
When an agreement expires, the old agreement stays in place until the new one is finalized. When the new agreement is finalized, any pay increases will come into effect retroactively to the day after the last agreement expired.