Figure 1 – Collective Bargaining Process: Long description

The collective bargaining process begins with the notice to commence collective bargaining, given by either the union or the employer, for the purpose of entering into, renewing or revising a collective agreement pursuant to sections 48 and 49 of the Canada Labour Code (the Code). The parties bargain directly, and there is no time limit.

The next step is the notice of dispute, filed by either party with the Minister of Labour (the Minister) when the parties fail to enter into, renew or revise a collective agreement (section 71 of the Code). It is a 15-day period in which a ministerial decision is made. The Minister’s options include appointing a conciliation officer, appointing a conciliation commissioner or establishing a conciliation board (section 72 of the Code).

The conciliation procedures must be completed within 60 days of appointing a conciliation officer or commissioner, or establishing a conciliation board, unless the time for conciliation is extended by mutual agreement of parties (section 75 of the Code).

At the end of the conciliation period, the Minister may appoint a mediator at any time to continue assisting the parties in reaching an agreement (section 105 of the Code). The parties must wait 21 days before they acquire the right to strike or lockout.

The right to strike or lockout cannot be exercised until the following conditions have been met:

  • A strike or lockout vote is taken (section 87.3 of the Code).
  • 72 hours’ notice is given to the other party and to the Minister indicating when the strike or lockout will occur (section 87.2 of the Code).
  • A maintenance of activities agreement is filed with the Minister and the Canada Industrial Relations Board (CIRB), or a decision on the maintenance of activities is received from the Board (section 87.4 of the Code).

The Minister has additional powers to:

  • make any inquiries regarding matters that may affect industrial relations (section 106 of the Code)
  • refer any question to the CIRB or direct the Board to act in a certain manner (section 107 of the Code)
  • establish an Industrial Inquiry Commission (section 108 of the Code) and
  • introduce back-to-work legislation.