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2. General Overview

Labour Dispute Assistance

Benefiting from Expert Assistance

Canada has a long history of appointing conciliation officers and mediators to help unions and employers reach collective agreements. This practice dates back to 1900, when the Conciliation Act came into force. Today, nine out of ten collective bargaining disputes in the federally regulated private sector are settled without a work stoppage, thanks in part to conciliation or mediation assistance from the Labour Program’s Federal Mediation and Conciliation Service.

A Primer on Collective Bargaining

Collective bargaining refers to the negotiation of terms and conditions of employment by an employer and a union representing employees. These terms and conditions are outlined in collective agreements, which are fixed-term, legally binding contracts that cover matters such as wages, hours of work, job security and work rules.

Collective bargaining in Canada is generally decentralized and usually takes place at the plant or enterprise level. Both parties have a duty to bargain in good faith and make every reasonable effort to reach a collective agreement.

The process

1. Conciliation
   When unions and employers are unable to negotiate a collective agreement, either party may file a notice of dispute with the Minister of Labour. Upon receiving it, the Minister will normally appoint a conciliation officer to meet with both parties and help them reach an agreement. The conciliation process lasts a maximum of 60 days, unless the parties agree to extend it.
2. The right to strike or lockout
   The parties acquire the right to strike or lockout 21 days after the conciliation process has been completed. A party intending to take strike or lockout action must give the other side and the Minister of Labour at least 72 hours’ advance notice. To strike, a union must have taken a strike vote in the last 60 days.
3. Mediation
   The appointment of a mediator by the Minister of Labour usually takes place after the conciliation process has been completed. Mediation aims to achieve a collective agreement and avoid work stoppage.
4. Arbitration
   Parties may agree, in writing, to refer any outstanding issues to an arbitrator for binding determination. This step suspends the right to strike or lockout. If the parties cannot agree on an arbitrator, they can jointly ask the Minister of Labour to appoint someone to fill this role.

Preventive Mediation

The Labour Program also offers an extensive range of preventive mediation and grievance mediation services aimed at resolving workplace differences and improving labour relations while a collective agreement is in force.

These services are free of charge and are delivered jointly to employers and unions by experienced mediators. Services and workshops include:

• grievance mediation;
• negotiation practices;
• interest-based negotiation;
• relationship by objectives;
• union-management committee effectiveness;
• joint problem solving; and
• supervisor-steward joint training.

These sessions can be customized to meet specific needs.

"There is a long tradition in Canada of labour legislation and policy designed for the promotion of the common well-being through the encouragement of free collective bargaining and the constructive settlement of disputes."

Preamble to the Canada Labour Code

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Date Modified:

2011-10-05