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Union

Union . Interim Executive Director June 2013. Outline. Context Union Certification Process Implications Collective Bargaining Next Steps. Context. Canadian laws allow employees to organize a union in their workplace

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Union

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  1. Union Interim Executive Director June 2013

  2. Outline • Context • Union Certification Process • Implications • Collective Bargaining • Next Steps

  3. Context • Canadian laws allow employees to organize a union in their workplace • Either provincially with the BC Labour Relations Board or federally with the Canada Industrial Relations Board (CIRB) • Earlier this year, the NTVS staff decided they wanted to unionize their workplace. • This was not precipitated by the threat of a wage reduction, loss of working hours or change of job duties.

  4. Context • Strict labour laws prohibited NTVS from asking NTVS staff questions about the union certification process (March – May). • NTVS will continue to express “no position” on the merits of unionization. • However, NTVS has an obligation to report to NTVS members about union certification and explain the potential impacts on our budget and programming.

  5. Union Certification Process • CUPE filed an application for certification with the BC Labour Relations Board on March 13, 2013. • NTVS contested the jurisdiction of the BC Labour Relations Board over the Society and Nisga’a Final Agreement. • CUPE withdrew its application and filed a new application with the CIRB on March 27, 2013. • NTVS asked for hearing to contest the application and seek protections for the Nisga’a Final Agreement and Nisga’a Laws. CIRB refused our request. • On May 22, 2013 CIRB certified the Canadian Union of Public Employees (CUPE) as the bargaining agent for the four NTVS employees.

  6. Collective Bargaining • In the coming months, NTVS and CUPE will commence a Collective Bargaining process to develop a Collective Agreement. • Board of Directors oversee process and set mandates with assistance of legal advisors • Interim Executive Director will lead negotiations • The negotiations will cover key areas such as: • Employee Classifications • Job Descriptions • Hours of Work • Wages and Wage Increases • Types of Leave and Leave Entitlement • Harassment and Grievances • Disciplinary Actions

  7. Implications • Impact on Treaty Rights and Cultural Practices • It may be difficult to reconcile Canadian federal labour laws with NTVS’s traditional practices and operations. Specifically, with respect to cultural events and the role of the Church. • Annual Costs • There may be increased annul costs to the NTVS to cover changes in staff wages and benefits. • There may be additional costs to the NTVS associated with grievances or disciplinary actions. • Future Costs • Collective Agreement negotiations take place every 3-5 years. This process will incur added legal costs to the NTVS each time a new Agreement is negotiated. • Potential Collective Agreement Restrictions • Use of casual, part-time, temporary, contractors and volunteer staff. • Creating new positions or eliminating redundant positions. • This in turn can impact what choices the Community and NTVS can make with regards to developing new programs and services.

  8. Moving Forward • The Board’s Goal is to Negotiate a Fair Collective Agreement • That respects the Nisga’a Final Agreement and Nisga’a laws. • That respects the mandate of the Nisga’a Ts’amiks Vancouver Society. • That respects the needs/wants of the NTVS Local Community Members. • The Board’s Goal is to Keep Legal Costs as Low as Possible • By building on existing Nisga’a labour laws, HR policies, and job descriptions. • Practice “good faith” bargaining during the Collective Agreement negotiations. • Update NTVS Community Members Regularly • On the progress of the Collective Bargaining process. • On what the new Collective Agreement means to the Community.

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