collective bargaining
📖 O que é collective bargaining? Significado e conceito
In Canada, collective bargaining is a fundamental right that allows employees to have their interests represented by a bargaining agent. This agent, once certified by a body like the Canada Industrial Relations Board, negotiates on behalf of a specific group of employees, known as a bargaining unit. The goal is to reach a collective agreement that covers aspects such as wages, working conditions, and benefits.
The process often involves the Canada Industrial Relations Board, especially when determining which employees are part of a bargaining unit. For instance, positions considered management or those with access to confidential information are typically excluded from a bargaining unit because their inclusion would remove their collective bargaining rights. This ensures that the bargaining unit is composed of employees with shared interests who can effectively bargain collectively.
Decisions about who is included or excluded from a bargaining unit are crucial because they directly impact who benefits from collective bargaining. The Board must be convinced that individuals proposed for exclusion genuinely perform management functions or handle confidential information. This rigorous assessment protects the fundamental nature of collective bargaining rights for employees.
Ultimately, collective bargaining provides a structured way for employees to influence their working environment and terms of employment through a unified voice, rather than individual negotiations. It is a cornerstone of labour relations in Canada, ensuring fairness and balance between employers and employees.
📋 Requisitos
- A certified bargaining agent must represent the employees.
- A specific unit of employees must be determined as appropriate for collective bargaining.
- A majority of employees in the unit must wish to have the applicant represent them as their bargaining agent.
- Positions considered management or those with access to confidential information are typically excluded from the bargaining unit.
📝 Procedimento
- An application is made to the Canada Industrial Relations Board to certify a bargaining agent for a unit of employees.
- The Board determines the appropriate bargaining unit, potentially with assistance from an Industrial Relations Officer.
- The Board assesses whether positions should be excluded from the bargaining unit, such as management roles or those with confidential information access.
- The Board certifies the bargaining agent if a majority of employees in the unit wish for that representation.
💡 Exemplos
- The Public Service Alliance of Canada was certified as the bargaining agent for employees of the Halifax International Airport Authority.
- The Canada Industrial Relations Board amended an order to exclude four management positions and one position with access to confidential information from a bargaining unit.
- A bargaining agent was certified for all employees employed by an employer in Fort McMurray, Alberta, excluding office and clerical employees.
- The Federal Court of Appeal upheld a decision to exclude certain positions from a bargaining unit, emphasizing the importance of actual duties performed.
📚 Base legal
- Canada Labour Code
❓ Perguntas frequentes
What is a 'bargaining agent' in collective bargaining?
A bargaining agent is an organization, often a union, that is certified to represent a group of employees in negotiations with their employer. They act on behalf of the employees to secure a collective agreement.
Who decides which employees are part of a 'bargaining unit'?
The Canada Industrial Relations Board (or a similar provincial labour board) determines which employees form an appropriate bargaining unit. This often involves discussions with the employer and the proposed bargaining agent.
Can management positions be included in a bargaining unit?
Generally, no. Positions considered management or those with access to confidential information are typically excluded from bargaining units because their inclusion would remove their fundamental collective bargaining rights.
What happens if an employer disagrees with the exclusion of a position from a bargaining unit?
The employer can apply to the Canada Industrial Relations Board to amend an order. However, the Board must be persuaded that the individuals in those positions actually exercise the functions attributed to them, such as management duties.
Why is it important to exclude certain positions from a bargaining unit?
Excluding management or confidential positions ensures that the bargaining unit consists of employees with common interests, preventing conflicts of interest and protecting the integrity of the collective bargaining process for the employees it represents.