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Initiation of collective bargaining

An employer or union can initiate bargaining by giving the other parties an initiation of bargaining notice. If a party receives a notice meeting the requirements, they have to enter into bargaining.

Initiation of or starting bargaining is a simple process for each party to follow

  • Bargaining is initiated by a party sending a notice of initiation of bargaining.
  • Each of the intended parties to collective bargaining must get (or give) a notice of initiation of bargaining.
  • The parties to collective bargaining must include at least one union and one employer; other parties can be added after bargaining has begun as long as the parties agree (and all legal requirements are met).
  • The notice of initiation of bargaining is a signed letter by the union or the employer that says that the party intends to bargain for a collective agreement. It also names the intended parties to bargaining and states who or what type of work the agreement is intended to cover (coverage clause). This is a legal requirement before bargaining can take place. The notice in writing can be signed by the union or employer, or their agent, initiating.
  • The coverage clause is proposed by the party who starts the bargaining. This describes either the work or the employees, or both, that they wish to cover. The coverage clause is negotiable in the bargaining, for instance, a union may seek to cover managers and an employer may oppose this.
  • A secret ballot of union members or employers must be held if more than one employer or union is named as a party in the notice initiating bargaining.

If this process isn’t followed, for example, a party sends a draft collective employment agreement instead of a notice initiating bargaining, then bargaining hasn’t been initiated.

A union can initiate bargaining at any time. An employer can initiate bargaining but only if:

  • there is, or has previously been, a collective agreement, and
  • it covers some employees whose work is covered by the proposed collective agreement.

Single-party bargaining (between just one employer and one union) may be initiated by:

  • a union or an employer within 60 days before the expiry of an existing collective agreement. To calculate the 60 days, look at the employees whose work is covered by the proposed collective agreement, and ask:
    • Are any of those employees covered by an existing collective agreement?
    • If so, on what date will that existing collective agreement expire, and how many days will pass before that date?
  • a union, at any time if there is no existing collective agreement
  • an employer, only if they have already been a party to a collective employment agreement which, at least in part, covered the work in the coverage clause.

Multi-parties bargaining (between more than one union, employer or both) may be initiated by:

  • a union or unions where:
    • there is no existing collective agreement, or
    • at least one of the existing collective agreements expires within 60 days, and
    • all the other collective employment agreements expire within 120 days.
  • an employer or employers provided that:
    • at least one of the existing collective agreements expires within 60 days, and
    • all the other collective employment agreements will expire within 120 days.

If a union or employer wants to initiate bargaining they first need to calculate the 60- or 120-day period by:

  • working out who the employees are whose work is covered by the proposed collective agreement, and
  • checking whether any of those employees are covered by a collective agreement and, if they are, then find out:
    • when the existing collective agreement will expire, and
    • how many days will pass before that date.

Process for initiating and responding to initiation of bargaining

 

Party initiatingParty receiving notice of initiation
If a union is initiating multi-party bargaining, they must ballot their members before initiating bargaining.

Draft a notice initiating bargaining: a signed letter saying:

  • their intention to bargain for a collective agreement
  • who the intended parties are
  • the intended coverage clause (either by describing the work, or the employees, or both).

This can be signed by the employer or agent for the intended party or parties. You can use our draft notice for advocates to send to an employer when they initiate bargaining.

If an employer is initiating multi-party bargaining, unions may ballot their members after receiving the notice of initiation.
Forward the notice to the other party or parties. If this is the first time you have initiated bargaining with that party, providing them with supporting information can be helpful for understanding the process before negotiations begin. Read the notice carefully; if the notice is confusing, ask the initiating party to clarify.

The coverage clause is negotiable in the bargaining so any issues a party has with it can be looked at during bargaining rather than during the initiation of bargaining process.

If the other party asks for clarification, provide this to them.

Let all employees (even if they’re not union members) who might be covered by the coverage clause know as soon as possible after getting the notice and not more than:

  • 10 days, if there’s only one employer named as an intended party, or
  • 15 days, if there’s more than one employer named as an intended party,

that:

  • bargaining for a collective agreement has been initiated, and
  • who the intended parties are, and
  • the intended coverage of the bargaining.

You can use our draft notice for staff to advise them of initiation of bargaining.

If a union gets a request to consolidate bargaining, within 30 days of getting the request they must either:
  • agree to consolidate, or
  • withdraw their notice initiating bargaining; and if they don’t then they are treated as if they had withdrawn their notice initiating bargaining.

If all the unions agree to the request then each notice is consolidated into bargaining for a single collective employment agreement.

If an employer has had notices initiating bargaining with similar coverage from more than one union, the employer can request each union to consolidate the bargaining. The employer must request consolidation within 40 days of receiving the first notice.

Employers can opt out of multi-employer collective agreements (MECAs)

An employer can only opt out of bargaining for a multi-employer collective agreement (MECA). They can do this if:

  • a new MECA is proposed, or
  • a current MECA is being renegotiated, or
  • where employers are cited to join an existing MECA, but

they can only do this at the time bargaining is initiated.

The employer must give written notice that they are opting out to all other parties within 10 days of getting notice of initiation.

Where an employer opts out, the employer or the union can then initiate bargaining for a single employer collective agreement. Even if an employer opts out, they can still be cited as a party to any future multi-party bargaining.

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