BARGAINING & JOB ACTION FAQ
FREQUENTLY ASKED QUESTIONS
PTSU, Local 60551 of PSAC, began negotiations with the University of New Brunswick for our first collective agreement in March 2014. We were able to finalize our first PTSU/UNB Collective Agreement in 2020, which was in effect from July 1, 2016, to June 30, 2022.
We are now working under our second collective agreement, which runs from July 1, 2022, to June 30, 2026. Our focus remains on advocating for our members and ensuring their rights and interests are prioritized throughout this period.
COLLECTIVE BARGAINING
What is a Collective Agreement? What is Collective Bargaining?
A “collective agreement” is a legally binding document established between an employer or employers’ organization and a trade union or council of trade unions that represents employees. This agreement defines the terms and conditions of employment, along with the rights, privileges, and responsibilities of the employer, the employers’ organization, the trade union, and the employees. In essence, it serves as a legal contract that regulates the working relationship among all parties involved.
“Collective bargaining” refers to the process in which parties negotiate in good faith to establish, renew, or revise a collective agreement. During this process, employers and representatives of the employees’ union exchange proposals in an effort to reach an agreement. This negotiation may involve assistance from a conciliator, mediator, or arbitrator if needed. (NB Industrial Relations Act, Chapter I-4, Definitions)
Who came up with our proposals?
PSAC/PTSU typically provides Notice to Bargain approximately six (6) months prior to the expiration of a current collective agreement. During this period, PTSU conducts surveys among its membership to identify priorities for the upcoming negotiations. We also review collective agreements from comparable unions in our sector, as well as those from other units at UNB. This information, along with data gathered by our Executive Board Members regarding existing agreements, is used to develop our proposals for discussion at the bargaining table. The composition of the bargaining team is determined in accordance with the PTSU By-Law provisions.
CONCILIATION
Either party involved in bargaining can request the appointment of a Conciliation Officer by the Minister of Post-Secondary Education, Training, and Labour, typically when negotiations reach an impasse. While it is often the union that makes this request, it is not exclusively the case.
The role of the Conciliation Officer is to facilitate discussions between both sides at the bargaining table and help them reach an agreement.
How do we get out conciliation? When does it end?
Ideally, conciliation and bargaining conclude when both parties reach an agreement at the table.
If the Conciliation Officer cannot facilitate a settlement, either party can request the officer to report to the Minister of Post-Secondary Education, Training, and Labour, indicating an impasse or deadlock.
If the Minister decides not to appoint a conciliation board, the timeline for a potential lockout or strike begins. There is a provincially mandated “cooling-off” period of 7 days (plus 2 postal days) during which neither the union nor the employer can take any job action.
Following this period, if a successful strike vote has been conducted, the union will be in a legal position to strike, and the employer may also legally lock out employees.
After that period, if we’ve taken a successful strike vote, the union will be in a legal position to strike. The Employer is also legally allowed to lock out employees.
What is impasse/deadlock?
An impasse occurs when both parties can no longer reach an agreement at the bargaining table. When an impasse is declared, several options may be available to resolve it, including mediation, job action, and binding arbitration for first-time collective agreements.
What is first contract arbitration?
Since this is our first collective agreement, we are eligible for first contract arbitration in New Brunswick. This process involves both sides presenting their proposals to an arbitrator appointed by the province, who then imposes an agreement on both parties. If an agreement is imposed through this process, members will not have the opportunity to vote on ratifying it.
What is job action?
Job action can take the form of a strike or a lockout.
Strikes occur when all union members refuse to work and can legally happen if:
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Conciliation has failed, a deadlock has been declared, and the Minister has chosen not to appoint a conciliation board.
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The provincially mandated cooling-off period (7 days plus 2 postal days) has elapsed.
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The majority of employees in our bargaining unit have voted in favor of a legal strike.
Lockouts take place when an employer prevents employees from working or entering the workplace. Employers can implement a lockout after an impasse has been declared and the cooling-off period has ended.
A "lockout" may involve closing a workplace, suspending work, significantly altering normal operations, or refusing to employ certain employees. This action aims to compel employees to refrain from exercising their rights or to agree to changes in employment terms or conditions. (NB Industrial Relations Act, Chapter I-4, Definitions)
STRIKE VOTE
What is a strike vote?
A strike vote is called by the union when the collective bargaining process reaches a point where the employer is unwilling to meet the membership's demands. In New Brunswick, a strike vote can only occur 9 days after the Minister has decided not to appoint a conciliation board. A successful strike vote authorizes the union’s executive committee to call a strike if further negotiations do not yield an acceptable agreement.
This means your bargaining committee will take the mandate back to the table and request a better offer from the employer. If the employer remains unyielding, job action, including a strike, may commence.
Is a strike inevitable?
No. While a majority strike vote gives the union executive the authority to call for a strike if negotiations break down, it does not guarantee that a strike will happen. In fact, a strong strike vote mandate from members can reduce the likelihood of a strike, as it signals to the employer that we are united in our resolve to secure the best possible contract.
Although a strike vote might seem concerning, it is quite common among unions during negotiations. Most contract negotiations are resolved without resorting to a strike. However, many unions find a strike vote necessary to encourage employers to present a fair offer.
What does a “YES” vote mean?
A “yes” vote provides our bargaining team with strong backing to negotiate a better contract. It demonstrates to the employer that we are prepared to defend our bargaining proposals, if necessary. In many cases, a strike vote is sufficient to motivate the employer to make significant concessions, and a “yes” vote can help us achieve a fair contract.
What does it mean if I vote “NO” or don’t vote at all?
In New Brunswick, not voting in a strike vote is considered a “NO” vote. A “NO” vote indicates a lack of support for job action by the union to secure our collective agreement.
If we take a strike vote and receive a poor result (a low percentage of “yes” votes close to 51% is considered poor), we risk losing bargaining power and may find ourselves in a position where we have to accept whatever the employer offers.
A “NO” vote increases the likelihood of ending up with a weak contract. Therefore, it is crucial for as many members as possible to participate in a potential strike vote and to vote “YES.”
What percentage do we need for a strike mandate?
Technically, we need 50% plus one vote. However, such a low mandate—or a “NO” vote—signals to the employer that union members are not willing to take collective action to secure their demands and a better contract. A “NO” vote significantly diminishes the bargaining committee’s leverage and hinders our chances of negotiating a strong agreement.