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Bill 90 - Colleges Collective Bargaining Act, 2008. Update as of June 20, 2008. History. The Colleges Collective Bargaining Act (CCBA) was first introduced in 1975 then minor amendments in 1990. The CCBA provides a central bargaining framework for all Ontario colleges
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Bill 90 - Colleges Collective Bargaining Act, 2008 Update as of June 20, 2008
History • The Colleges Collective Bargaining Act (CCBA) was first introduced in 1975 then minor amendments in 1990. • The CCBA provides a central bargaining framework for all Ontario colleges • Outlines the two bargaining units (full-time faculty and support staff) • Excludes part-time support staff and faculty and sessional faculty who work full-time for a maximum of 12 months in a 24 month period as well as students who are working on co-op placements • Colleges had few part-time staff in the 1970’s and labour relations practices were to exclude part-time workers back in the day
Present Day • Currently there are more than 17,000 part-time support staff and faculty working in Ontario’s colleges • Last August, the government announced its intention to extend collective bargaining rights to part-time college staff amongst a broad review of the entire Act • Kevin Whitaker, Chair of the College Relations Commission was appointed to head the review • After province wide consultations a report was submitted to the Minister on February 1, 2008 • On June 10, 2008, the Minister introduced proposed legislation, which if adopted by the House will enact Bill 90 – Colleges Collective Bargaining Act, 2008
Bill 90 – Colleges Collective Bargaining Act, 2008 • Features of Bill 90 – CCBA: • Provide a mechanism to extend collective bargaining rights to college part-time and sessional workers • Modernize the general bargaining process for the system, giving the parties more ownership over the process and making it more in-line with the Labour Relations Act (LRA), while still recognizing the unique working environment of colleges • Maintains features (e.g. central bargaining model) • Incorporates changes from the LRA that would make the CCBA consistent with the collective bargaining frameworks that apply to most other Ontario workplaces, including schools and universities
Whitaker Recommendations & Bill 90 • Create two new bargaining units • One part-time and sessional academic staff; and • One part-time support staff (including students employed by the college) • Establish a certification process for unions applying to represent the members of the college bargaining units • The process is modeled on the LRA with modifications based on the Whitaker recommendations (e.g. 35% membership threshold to trigger representation vote; vote timing provisions to address specific circumstances of college) • Recognize OPSEU as the continued bargaining agent for the existing full-time academic and support staff units that it represents • Provide a process that would allow the employer and a bargaining agent to make a joint application to the OLRB to change the description of a bargaining unit in the future (including merging, creating or eliminating units)
Whitaker & Bill 90 Cont’d • Create a new college employer council to represent college employers in collective bargaining and carry out other related labour relations functions • College Compensation and Appointments Council (CCAC) is playing this role along with the External Board of Governor appointments, Premier’s Awards, etc. • Each college president and chair or vice-chair will comprise the new college employer council
Whitaker & Bill 90 Cont’d • Allow the Minister of Labour to appoint a conciliator or mediator to assist the parties reach a collective agreement, as under the LRA • Remove the binding arbitration and final offer selection processes • Remove the deemed strike and lock-out provisions consistent with the LRA • Reduce the notification period for bargaining from seven months to 90 days as under the LRA • Empower the OLRB to assume the same role it has with respect to collective bargaining in other workplaces • Dissolve the College Relations Commission (CRC) • Remove fixed collective agreement expiry dates on August 31
Important Links • Ontario Public Service Employees Union (OPSEU) – www.opseu.org • Ministry of Training, Colleges and Universities (MTCU) – www.edu.gov.on.ca • Ontario Labour Relations Board (OLRB) – www.olrb.gov.on.ca • The College Compensation & Appointments Council (CCAC) – www.thecouncil.on.ca • Standing Committee on General Government – www.ontla.on.ca
Questions Contact:: Tyler Charlebois Director of Advocacy College Student Alliance T: 416.340.1212 E: charlebois@csaontario.org