Where following the issuance of a certification order by the Labour Relations Board, a trade union certified as a bargaining agent and an employer have been engaged in collective bargaining to conclude a first collective agreement and have failed to do so within 60 days (75 by mutual agreement) after the date notice to bargain was served, the Minister shall appoint a first collective agreement mediator to assist the parties in concluding a first collective agreement.
A certification order is an order issued by the Labour Relations Board following a Board determination that a union has met the legislative requirements to become the legal bargaining agent for a group of employees.
- The Labour Relations Board is contacted on a bi-weekly basis to determine if any new certification orders have been issued.
- Upon receipt of a certification order from the Labour Relations Board, letters are sent to the employer and union requesting a copy of the notice to bargain.
- Prior to the 60 calendar days expiring from the date notice to bargain is served, the parties are contacted to determine if a collective agreement has been concluded. If not an additional 15 day extension may be granted upon mutual agreement of the parties.
- If no collective agreement is reached within the prescribed time frame, a first collective agreement mediator is appointed.
Day 1: Certification order is received from the Labour Relations Board.
Day 2: Initial contact is made with the employer and union to obtain contact information.
Day 3-5: Letters are sent to the employer and union advising them of the obligations under the Labour Relations Act for first collective agreements and requesting a copy of the notice to bargain.
Day 60: Employer and union are contacted to determine if a collective agreement has been concluded and, if not, whether a 15 day extension is desired.
Day 75: If an extension was granted, contact is made to determine if the parties have reached a collective agreement. In the absence of a collective agreement having been finalized, a first collective agreement mediator is appointed.
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