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Union . Interim Executive Director June 2013. Outline. Context Union Certification Process Implications Collective Bargaining Next Steps. Context. Canadian laws allow employees to organize a union in their workplace

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Interim Executive Director

June 2013

  • Context
  • Union Certification Process
  • Implications
  • Collective Bargaining
  • Next Steps
  • Canadian laws allow employees to organize a union in their workplace
    • Either provincially with the BC Labour Relations Board or federally with the Canada Industrial Relations Board (CIRB)
  • Earlier this year, the NTVS staff decided they wanted to unionize their workplace.
  • This was not precipitated by the threat of a wage reduction, loss of working hours or change of job duties.
  • Strict labour laws prohibited NTVS from asking NTVS staff questions about the union certification process (March – May).
  • NTVS will continue to express “no position” on the merits of unionization.
  • However, NTVS has an obligation to report to NTVS members about union certification and explain the potential impacts on our budget and programming.
union certification process
Union Certification Process
  • CUPE filed an application for certification with the BC Labour Relations Board on March 13, 2013.
  • NTVS contested the jurisdiction of the BC Labour Relations Board over the Society and Nisga’a Final Agreement.
  • CUPE withdrew its application and filed a new application with the CIRB on March 27, 2013.
  • NTVS asked for hearing to contest the application and seek protections for the Nisga’a Final Agreement and Nisga’a Laws. CIRB refused our request.
  • On May 22, 2013 CIRB certified the Canadian Union of Public Employees (CUPE) as the bargaining agent for the four NTVS employees.
collective bargaining
Collective Bargaining
  • In the coming months, NTVS and CUPE will commence a Collective Bargaining process to develop a Collective Agreement.
          • Board of Directors oversee process and set mandates with assistance of legal advisors
          • Interim Executive Director will lead negotiations
  • The negotiations will cover key areas such as:
      • Employee Classifications
      • Job Descriptions
      • Hours of Work
      • Wages and Wage Increases
      • Types of Leave and Leave Entitlement
      • Harassment and Grievances
      • Disciplinary Actions
  • Impact on Treaty Rights and Cultural Practices
        • It may be difficult to reconcile Canadian federal labour laws with NTVS’s traditional practices and operations. Specifically, with respect to cultural events and the role of the Church.
  • Annual Costs
      • There may be increased annul costs to the NTVS to cover changes in staff wages and benefits.
      • There may be additional costs to the NTVS associated with grievances or disciplinary actions.
  • Future Costs
      • Collective Agreement negotiations take place every 3-5 years. This process will incur added legal costs to the NTVS each time a new Agreement is negotiated.
  • Potential Collective Agreement Restrictions
      • Use of casual, part-time, temporary, contractors and volunteer staff.
      • Creating new positions or eliminating redundant positions.
      • This in turn can impact what choices the Community and NTVS can make with regards to developing new programs and services.
moving forward
Moving Forward
  • The Board’s Goal is to Negotiate a Fair Collective Agreement
      • That respects the Nisga’a Final Agreement and Nisga’a laws.
      • That respects the mandate of the Nisga’a Ts’amiks Vancouver Society.
      • That respects the needs/wants of the NTVS Local Community Members.
  • The Board’s Goal is to Keep Legal Costs as Low as Possible
      • By building on existing Nisga’a labour laws, HR policies, and job descriptions.
      • Practice “good faith” bargaining during the Collective Agreement negotiations.
  • Update NTVS Community Members Regularly
    • On the progress of the Collective Bargaining process.
    • On what the new Collective Agreement means to the Community.