You’ve been served with notice to bargain, now what?

Receiving a notice to bargain can be overwhelming for an employer, especially if it is to negotiate a first collective agreement. It is important to understand key steps in the process in order to be prepared to achieve the best outcome for your business. 

“You’ve been served with notice to bargain, now what?”

Do not feel rushed 

There is no need to immediately schedule bargaining sessions once you receive notice to bargain. The obligation is to commence bargaining within a reasonable time frame such that the employer is not interfering with the union’s right to collective bargaining. Understandably, it could take up to a few months to align the schedules of the bargaining teams on both sides and to ensure adequate time for preparation. 

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What’s Remote Work Got to Do With It? A New Era of Collective Bargaining

Collective Bargaining Remote WorkAs a fully virtual firm since 2017, we are big remote working fans. We recognize that, as a result of the pandemic, most work environments have come to accept and adopt remote working With the recent public sector strike, remote work is once again a hot topic. This time however, the conversation has taken a new and interesting direction as the Public Service Alliance of Canada (PSAC) seeks to enshrine the right to remote work in new collective agreements for the hundreds of thousands of workers it represents. 

PSAC announced early Monday morning that it had reached a tentative deal with the Federal Government on behalf of the more than 120,000 Treasury Board workers it represents. At the time of writing this blog, the strike continues for the 35,000 Canada Revenue Agency (CRA) workers who are also represented by PSAC. 

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The Education Worker Strike: A Primer on Constitutionally-Protected Labour Laws

Ontario Education Worker StrikeAn Unprecedented Legislative Move

This week, Bill 28 was repealed and the collective bargaining model in Ontario stands. Why was it such a big legal deal?  

The recent strike by education workers in Ontario made headlines for reasons beyond the usual disruption to parents’ and kids’ everyday lives. On October 30, 2022, the Canadian Union of Public Employees (CUPE) in Ontario gave notice to the province that the education workers it represents would strike in 5 days. 

On November 3, the province responded by introducing Bill 28, which enacted the Keeping Students in Class Act, 2022, unilaterally imposing a new collective agreement, outlawing the impending strike, and invoking the “notwithstanding clause” in the Charter of Rights and Freedoms to do so. This type of legislation is unprecedented. 

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