How to read your collective agreement

Story time! Bring your CA to the beach, or curl up with it around the fire one rainy evening. What could be better?

It’s a great idea to get familiar with your collective agreement. The best way to do that is to read it, one section at a time.

Think of your CA as a book about your rights as a union member. The book has a collection of short chapters. Each article (or chapter) is about a specific aspect of working in a unionized workplace, so you can learn about what it means to be in a union one chapter at a time.

Take your time reading each chapter and reflect on what you’ve read. If you read something that isn’t clear, talk to your steward or local’s leadership.

 

video (Danika?) talking about “how to read your CA”

 

Articles in a typical collective agreement

Below are the articles you will find in a typical collective agreement (disclaimer: your own agreement may have more or different articles, but these form the basis of a typical agreement):

Preamble

The Preamble explains the reasons and purpose of the collective agreement and the objectives it seeks to achieve. The Preamble may be used by an arbitrator in the future as a guide to the interpretation of the collective agreement.

Definitions

This article spells out the specific meaning of key terms that will apply to the rest of the collective agreement. For example, the definition of full or part-time employees.

Recognition and Representation

This article typically affirms the role of the union as the sole bargaining agent, along with other union rights, including recognizing the work of the bargaining unit, no contracting out, and the right of fair representation.

No Harassment or Discrimination

This section outlines employee rights to a respectful workplace free of discrimination and harassment. Language on personal and sexual harassment must, at a minimum, reflect statutory requirements in the jurisdiction.

Management Rights

This article provides an outline of management’s reserved rights, typically in relation to directing work and sometimes more specifically detailed. Other provisions may include managing the business/operation, the ability to promote employees, and maintaining order to the extent that management’s actions are consistent with the agreement and that grievance and arbitration procedures are upheld.

No Strike or Lockouts

This article states that during the life of the agreement there will be no strike by the Union or lockout by the Employer.

Union Security

This article confirms that employees are required to become members of the Union as a condition of employment, and sets out how dues are collected and distributed.

Labour Management Relations

This article affirms that the Union will decide its representatives for meetings with the Employer, including labour-management committees and bargaining committees. The Employer will similarly inform the Union of its Employer representatives for labour relations matters.

Wages and Premiums

This article outlines the frequency of pay days and pay stub reporting requirements, and can include the wage schedule (a listing of job titles with corresponding rates of pay).

Hours of Work

This article defines the standard work week, standard work day, rules around scheduling, days off, rest periods and meal breaks.

Overtime

This section describes overtime, how overtime will be distributed, how much employees are paid when they work daily or weekly overtime, and whether such time may be banked and subsequently taken as time off, among other details.

Employee Benefits

This section demonstrates the structure and elements of key benefits articles.

Pension Plan

Here is where the nature of your workplace pension plan would be described.

Sick Leave

This section outlines entitlements to sick leave funded by the Employer.

Vacation

This section outlines your entitlements to paid time off.

Leaves

This article describes the various leaves that have been bargained.

Paid Holidays

Paid days off for specific holidays must be allowed as per the Employment Standards Act. This article sets out any additional days that may be allowed, including float days, rate of pay when required to work on holidays, and work requirements in order to receive holiday pay.

Fees and Allowances

Various fees and allowances are included in this section, such as mileage or tools allowances. Allowances will depend on the nature of bargaining unit work.

Posting of Positions

This section describes how and when positions are posted, the role of seniority in promotions and transfers, the time frame for a trial period, and how new or changed positions are classified and compensated.

Seniority

This section defines seniority and how it is acquired or lost. It sets out the obligations by the Employer to maintain seniority lists.

Probationary Employees

This section defines the probation period for new employees and describes the rights and privileges of probationary employees under the collective agreement.

Layoffs and Recalls

This section defines the procedure for layoffs and rehiring, and how seniority works in relation to layoffs and recalls for work after an employee is laid off.

Grievance Procedures

This article describes the Grievance Procedure and how it is used in relation to the interpretation of the collective agreement, and in relation to making a final determination as to the fairness of workplace discipline or a workplace termination.

Arbitration Procedures

This article describes the process for engaging an Arbitrator to decide on matters after moving through the steps in the Grievance Procedure.

Discipline, Discharge and Personnel Records

This article sets out specific rights of CUPE members around discipline, personnel records, the procedures for disciplinary action, and the right to Union representation.

Health & Safety

This article sets out the parties’ responsibilities as they relate to health and safety in the workplace, including compliance with relevant occupational health and safety regulations, and workplace health and safety committees. Collective agreement provisions may incorporate and, in some cases, exceed standards mandated by existing health and safety legislation.

Technological Change

This section defines the Employer’s obligations and subsequent procedures regarding the introduction of new technologies that affect the terms and conditions, or security of employment of employees covered by the collective agreement.

Term of Agreement

This section simply states the start date and end date of the agreement and sets out the process for changes.

And the workers all lived happily ever after!