August 9, 2000
THE CONCILIATION PROCESS AND ITS IMPLICATIONS
On August 4, 2000 MUNFA wrote the Minister of Environment and Labour requesting that the conciliation process begin. Conciliation is a procedure mandated by the Labour Relations Act, and is normally invoked in the final stages of collective bargaining as a means of resolving outstanding issues. It is a necessary precursor to a legal strike or lockout, although it does not necessarily lead to either. A companion Negotiating News (Negotiating News #13) will explain why MUNFA has found it necessary to request that the Minister of Environment and Labour start the process at this time.
During conciliation, negotiations proceed at an intensive pace, with the assistance of a government-appointed conciliation officer who tries to bring the parties to agreement. Alternatively, although this is very infrequently done, the Minister may appoint a conciliation board rather than a conciliation officer to try to bring about an agreement, either immediately or subsequent to a period of negotiation facilitated by a conciliation officer. The duration of conciliation depends primarily on the progress and success of negotiations; if it becomes clear that progress is negligible or an impasse is reached, negotiations will break off. At a minimum, 29 days after conciliation is requested, MUNFA will be in a position to take a strike vote authorizing a strike, and then either strike or not strike; and the University will be in a position to lock out MUNFA members. Negotiations can of course continue, and the services of the conciliation officer continue to be available until a new collective agreement is concluded.
The current round of negotiations is proceeding under a Memorandum of Understanding between MUNFA and the Administration which provides that the 1996-99 Collective Agreement remains in effect until such time as a new collective agreement is signed or there is a strike or lockout, whichever comes first. This situation is different from that in 1995 when the Administration invoked conciliation early in the conciliation process and then attempted to abrogate the Collective Agreement. Under the Memorandum of Understanding the Administration is committed to not attempt to abrogate the Collective Agreement.
Members should appreciate that once conciliation begins the course of negotiations may at times change rapidly. The MUNFA Negotiating Committee will continue to provide substantive information as quickly as circumstances allow.
MUNFA Negotiating Committee:
All issues of Negotiating News are accessible at http://www.mun.ca/munfa/negnews.htm