Hi, welcome to my thus far neglected blog. I'm pretty busy, so I dont know how this will go, but here goes the old college try.
First this blog is mine. My views are mine. They do not represent the views of OPSEU, ONDP, Scouts Canada, My employer or anyone else. Mine.
With that out of the way, I was thinking of a way to explain conciliation in a YouTube video and I had a breakthrough today and will be making the video next week.
In the mean time, a union and employer that refer a matter to conciliation are essentially declaring that talks have stalled and are requesting the minister of labour send a representative to conciliate. (you'll note I just used the word in the definition but keep reading)
During negotiations the parties(union and employer) sit together and make proposals and counter proposals. Emotions can become heated and people on both sides can become entrenched. When the talks turn to conciliation, the parties are separate and the conciliator takes offers from each side and acts as a go-between.
The conciliator does not propose new ideas and (supposedly) only passes along offers made by the opposing side.
If it becomes clear to the conciliator that an agreement cannot be reached between the parties then the conciliator will go back to the minister of labour and recommend a no board report be issued.
17 days after the minister issues that report the parties are in a legal strike/lockout position.
In my local our Essential Service Agreement dictates that 100% of members are essential and after a no board report the parties would refer the matter to an arbitrator.
It is possible for the parties to agree to a mediator. A mediator is like a conciliator with one major difference: they propose compromises. Mediators come up with new solutions not offered by the union or the employer; they listen to interests and attempt to solve both parties issues. There are other differences(they don't need to be appointed by the minister, they do not issue reports to the minister) but overall they are similar roles. Trying to get the sides to agree.
Arbitration is quasi judicial. The sides can continue to disagree and present their cases and an arbitrator who makes decisions.
It should be noted that at any point during conciliation, mediation or arbitration the union and employer can elect to continue normal negotiations.
I hope this helps clarify conciliation. If you like it retweet it or comment and I'll try and keep the blog going.
Props to google for the mobile app!
Sol.
Labourguydave
No comments:
Post a Comment