1. PURPOSE and STRUCTURE
1.1 All
employees can vote on bargaining matters
1.2 The LCBO Bargaining Unit mandate
1.3 Labour / Management Committees
1.4 Negotiating Committee takes over during bargaining
2. THE PRE-BARGAINING CONFERENCE (PBC)
2.1 Holding a
Pre-Bargaining Conference
2.2 Delegate entitlements, roles and responsibilities
2.3 Alternates
2.4 Divisional Executive Delegates
2.5 Role of OPSEU Executive Board Member
2.6 Union staff
2.7 Purpose of meeting
2.8 Meeting Chair
2.9 Election of Negotiating Committee
2.10 Who is eligible to election
2.11 Nominee speeches
3. LOCAL DEMAND SETTING
3.1 Notice of Local
Demand Setting
3.2 Contents of Notice / meeting requirements
3.3 Information
3.4 Demands presented by attendee or proxy
3.5 Passing Demands
3.6 Delegate credentials
4. FINAL DEMAND SETTING
4.1 Delegate entitlement
4.2 Kits for meeting
4.3 Notice to Bargain to Employer
4.4 Meeting Agenda
4.5 Adopting Final Demands
4.6 Role of OPSEU Executive Board Member
5.
QUORUM AND MAJORITY
5.1 Quorum
5.2 All votes by majority
5.3 Quorum based on OPSEU Constitution
6.
NEGOTIATIONS
6.1 Role of Chairperson
of Negotiating Committee
6.2 Role of staff Negotiator
6.3 Staff attendance
6.4 Agreements to be lawful and signed by OPSEU
President
7. RATIFICATION / STRIKE VOTES
7.1 Collective Agreement
ratification and signatures
7.2 Information / Vote meetings
7.3 Mail-in or segregated ballots
7.4 Summary of changes or impasse issues
7.5 Purpose of meeting
7.6 Rejection constitutes strike mandate
7.7 Voting materials
7.8 Member verification
7.9 Non-member verification
7.10 Counting of ballots
7.11 Official vote tally sheet
7.12 Vote results to Head Office
7.13 Communicating vote results
7.14 Allegation of improper procedures
8.
BARGAINING TIMELINE
8.1 Bargaining timelines
and schedule of meetings
Liquor Board Employees
Division
Negotiating Procedures
In accordance
with Article 24.1.1 of the Constitution, the following
negotiating procedures have been adopted by the Executive
Board based on the submissions of the Liquor Control Board
of Ontario (“LCBO”) Bargaining Unit of OPSEU.
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(1) PURPOSE and
STRUCTURE
1.1
The LCBO Bargaining Unit (BU) consists of the employees in
the LCBO bargaining unit represented by OPSEU. Only OPSEU
members in good standing may take part in the pre-bargaining
activities of the Division, although by law all employees in
the unit may participate in ratification and/or strike votes
on collective agreements negotiated for them by the Union.
1.2
The LCBO Bargaining Unit carries out its mandate through:
(a)
pre-bargaining conference
(b) local demand setting meetings
(c) final demand setting meetings of local delegates
(d) the Provincial Labour Management Committee and (“PLMC”)
and Regional Labour Management Committees (“RLMC”) which
shall be comprised in accordance with the mandate of the
Provincial Labour/Management Committee (in accordance
with the Liquor Board Employees Division Bylaws)
1.3
The PLMC shall act as a negotiating team with respect to all
matters arising out of the collective agreement with the
employer. It shall act with respect to all matters arising
out of the collective agreement during its term, and other
matters affecting the bargaining interests of the members.
1.4
After the Negotiating Committee is elected it will assume
the duties of the PLMC until a collective agreement is
ratified by the membership and implemented. During
collective bargaining the PLMC shall stand down until the
Negotiating Committee has arrived at a renewal collective
agreement.
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(2) THE
PRE-BARGAINING CONFERENCE (PBC)
2.1 Prior to the official notification to bargain a
new Collective Agreement the PLMC, in consultation with the
Division Chair and OPSEU President, shall convene a
Pre-Bargaining conference (PBC).
2.2 Each Member Local and Unit Local of the LCBO
Bargaining Unit shall send delegates according to the
Convention formula.
The Member Local President or Member Unit Steward will be
the automatic first delegate from his/her Member Local or
Member Unit. All other delegates shall be elected by a clear
majority of the members voting at an LCBO Unit membership
meeting. In a composite Local, only members from the LCBO
Bargaining Unit are entitled to be delegates.
Delegates shall be responsible for representing their Local
during the entire bargaining process, including
responsibility for reading, reviewing, summarizing and
communicating bargaining information at the local level.
2.3 Each local shall also elect alternates up to the
number of delegates to which it is entitled. Attendance by
alternates at the PBC shall be at the expense of their
local, except where they are replacing a delegate who is
unable to attend. Alternates shall have voice but no vote,
and shall be identified separately from the delegates
(unless the alternate is replacing a delegate in which case
the alternate will then have full delegate status).
The delegates and alternates to the Pre-Bargaining
Conference and the Final Demand Setting meeting, except in
extenuating circumstances, shall be the same
delegates/alternates for both meetings.
2.4 The Division Executive shall also be delegates in
their own right, in addition to their local delegate
entitlement as determined by Art. 2.2.
2.5 An Executive Board member who is a member of the
LCBO Bargaining Unit may attend with voice but no vote
unless he/she is a delegate in his/her own right by virtue
of being a delegate from his/her Local or is a member of the
Division Executive.
2.6 Union staff, as assigned by the President of
OPSEU, shall also participate with voice but no vote.
2.7 The purpose of the Pre-Bargaining Conference
shall be to examine in depth a number of broadly-based
issues that are relevant to the forthcoming round of
negotiations, review the results of the bargaining survey
and develop themes for consideration at local demand setting
meetings, and, generally, give guidance and a sense of
direction to the delegates. In addition the delegates will
elect the negotiation team. In accordance with the Division
By-laws the Chair and the Vice-Chair of the Division shall
be the Chair and Vice-Chair of the Negotiating Committee,
respectively.
2.8 The PBC shall be chaired by the President of
OPSEU or his/her designee.
2.9 There shall be a seven (7) member Negotiating
Committee. Except for the Chair and Vice-Chair, who serve as
automatic members from the Executive Committee, the
remaining five (5) members shall be elected by the delegates
at the PBC. At least one (1) Committee member shall be an
employee in a Logistics facility and at least one (1)
Committee member shall be a Retail Casual employee, provided
there are such candidates available.
2.10 Any member in good standing may stand for
election regardless of whether or not he/she is a delegate
to the meeting provided there is a nomination received in
writing. The nomination must be signed and dated by both the
nominator and the nominee and in the hands of the person
chairing the meeting prior to the election taking place.
Nominations may also be made from the floor. A nominee who
is ineligible/unable to attend the meeting shall remain
eligible to be a candidate provided that he or she follows
the nomination procedure above.
2.11 Nominees in attendance as delegates/alternates
shall be given up to three minutes to address the delegates
about their candidacy. Those ineligible/unable to attend may
have their speech read by a delegate or alternate attending
the meeting.
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(3) LOCAL DEMAND
SETTING
3.1 Following the PBC, the Local President of a Unit
Local, or the highest ranking unit steward from a member
unit in a composite local, shall be notified to convene a
local membership meeting for the purpose of setting
bargaining proposals and establishing priorities.
3.2 With the notice there shall be an information
kit, written in plain language and containing, among other
things:
- a copy
of these procedures;
-
instructions on how and when to hold the meetings;
-
background information on the economic and political
context of the forthcoming negotiations, as appropriate;
- forms on
which to record proposals (with supporting
documentation);
- a
summary of the recommendations from the PBC;
-
Delegate/Alternate credentials
3.3 If
the Local's delegate(s) to the PBC are not among the two top
Local officers mentioned in 3.1 above, such delegate(s)
shall also receive a copy of the kit. It is the
responsibility of the delegate(s) and Local officers to
bring the results of the PBC before the members at the local
demand setting meeting for their information and
consideration.
3.4 Normally, proposals shall be presented in person
by the members attending the local demand setting meeting.
However, proposals and supporting documentation may be
submitted in writing, to the Chair of the meeting, in
advance, by members unable to attend.
3.5 The only proposals that will be considered
official are those that are adopted by majority vote of the
local membership meeting, entered on the appropriate forms,
signed by the delegate(s) to the PBC to show they are the
local's official proposals, and sent with supporting
documentation to arrive at the Collective Bargaining
Department at OPSEU Head Office by a date to be determined
by the PLMC and the Collective Bargaining Department.
3.6 Delegate/alternate credentials for those
attending the final demand setting meeting shall be included
with the proposals sent to Head Office to provide sufficient
accommodation, seating, documents and other materials for
the delegates and alternates.
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(4) FINAL DEMAND SETTING
4.1 The delegate entitlement for the final demand
setting meeting is the same as prescribed for the
Pre-Bargaining Conference (Article 2).
4.2 Bargaining proposals that meet the requirements
set out in 3.5 above shall be compiled into kits for the
final demand setting meeting. The kits shall be prepared
with input from the Negotiating Committee and from union
staff, and may include recommendations. Head Office shall
endeavour to mail out the kits so that they will reach the
delegates at least one (1) week before the meeting.
4.3 Notice to bargain shall be given to the employer
as required.
4.4 At a date determined by the Negotiating
Committee, a final demand setting meeting shall be convened.
A proposed agenda shall be developed by the Negotiating
Committee and voted on by the delegates at the start of the
meeting.
4.5 The delegates shall discuss and adopt their final
demands and rank them in priority.
4.6 An Executive Board Member who is a member of the
LCBO Bargaining Unit may attend with voice but no vote
unless he/she is a delegate in his/her own right by virtue
of being a delegate from his/her local or is a member of the
Negotiating Committee /Division Executive
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(5) QUORUM AND MAJORITY
5.1 The quorum for all provincial meetings referred
to in these procedures shall be fifty (50%) per cent of the
delegates who have registered for the meeting in question,
in accordance with Convention procedures.
5.2 All delegates and alternates shall be elected by
a majority (more than fifty per cent) of those present and
voting, except for the automatic delegates as per Article
2.2.
5.3 For any local demand setting and/or Liquor Board
Employees Division unit membership meeting the quorum shall
be as per the Constitution.
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(6) NEGOTIATIONS
6.1 The chairperson (or in the chairperson's absence,
the vice-chairperson) of the Negotiating Committee shall:
- (a)
chair all meetings of the team;
- (b)
draft negotiation reports with the team and the staff
negotiator to be sent to all members of the bargaining
unit during negotiations.
- (c) be
responsible for the orderly conduct and discipline of
the team;
- (d)
explain allowable expense claims for the team in light
of Union policies;
- (e) in
emergency situations, using discretion, provide food,
refreshments and incidentals for the team during
negotiation sessions (such expenses to be accompanied by
receipts);
- (f) not
make a decision regarding the employer's offer without a
vote of the team.
6.2
The staff negotiator may lead the group discussions while
the team is in caucus.
6.3 Members of staff assigned to negotiations shall
attend all official meetings of the team.
6.4 Any contract negotiated with the employer in the
name of the Union shall be ratified in accordance with the
Crown Employees Collective Bargaining Act, and signed by the
President of the Union.
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(7) RATIFICATION
/ STRIKE VOTES
7.1 Any collective agreement negotiated in the name
of the Union with the Employer must be ratified by the
general membership and signed by the members of the elected
Negotiating Committee and the President of OPSEU.
7.2 When a tentative collective agreement is reached,
or a strike mandate is sought as a result of an impasse,
information/vote meetings of the LBED membership will be
held. The Bargaining Team and the assigned staff negotiator
will meet with the appropriate Head Office staff to
determine meeting content, dates, times and locations.
7.3 In special circumstances, such as remote
locations or widely-dispersed membership, the Local
President may ask permission to replace or supplement an
information/vote meeting by a mail-in ballot or segregated
ballot to cover all or part of the Local or Unit. The
President of OPSEU shall determine whether a mail-in or
segregated ballot is to be allowed in any given situation.
7.4 LBED members shall receive a written summary of
the proposed contract changes or, in the case of a
bargaining impasse, a summary of the issues and/or offer to
be voted on.
7.5 The purpose of information/vote meetings is to
explain the proposed contract changes and their impact on
members. The meetings shall be conducted by a knowledgeable
person (eg: a Bargaining Team member, an OPSEU staff person,
a Local President, or an Executive Board Member, as
available). members shall be encouraged to ask questions and
discuss the changes prior to the vote.
7.6 In the case of a vote to reject an Employer
offer, the Union shall make it clear to members that a
rejection also constitutes a strike mandate for the team.
7.7 All votes must be cast in person and there shall
be no proxy voting. All votes must be by secret ballot.
Appropriate voting materials must be provided in sufficient
quantities. Materials include official ballots, ballot
boxes, a reasonably private voting area, an up-to-date
voters’ list, an official tally sheet, and a supply of
membership application forms.
7.8 Those conducting the vote shall ask each member
for his or her name, check the name off the voters’ list,
and hand the member a ballot.
7.9 Non-members are entitled to vote, provided they
can be confirmed as being in the bargaining unit.
7.10 When voting is complete, the ballots shall be
counted by a committee of not less than two (2) persons who
may be drawn from the OPSEU membership and/or OPSEU staff.
All LBED Local Presidents/Unit Stewards (or their designee)
are entitled to attend the counting session of their Local
vote as scrutineers. Scrutineers are entitled to record the
local results.
7.11 The official tally sheet on which the vote is
recorded shall clearly show the number of the Local(s), the
names of scrutineers, the number of eligible voters, the
number of those who actually voted, and the number of
ballots for, against, and spoiled. In addition, it shall be
signed in ink by all those who took part in the ballot
count, and shall be forwarded, along with the ballots, to
the appropriate OPSEU Regional Office, where the ballots
shall be retained for at least thirty (30) days.
7.12 Local vote results shall be telephoned to OPSEU
Head Office, where a Local-by-Local tally shall be kept.
7.13 When all results have been tabulated, they shall
be communicated first to the Bargaining Team, then to the
Regional Offices and Local Presidents, who will then ensure
that the results are communicated to their respective
memberships.
7.14 Where any member alleges that these procedures
have not been followed, the President of OPSEU shall
investigate the complaint and decide whether or not the vote
shall be overturned. In making this decision, the President
shall only order a new vote when, in his or her opinion, the
failure to comply with the procedures has materially
affected the outcome of the vote.
(8) BARGAINING TIMELINE
8.1 During demand setting and negotiations, members
and staff shall circulate a bargaining timeline, which shall
include the schedule for the Pre-Bargaining Conference (PBC),
Local Demand Setting Meetings (LDSM), the Final Demand
Setting Meeting (FDSM) and the Notice to Bargain (N2B).
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General
Protocol and Team Conduct
All members
of the bargaining team are reminded that they represent the
Union and the membership while at the table with the
employer, and are expected to govern themselves accordingly
at all times.
Solidarity and Dissent
The policy regarding solidarity and dissent contained in
OPSEU policy will be followed.
NOTE: Any amendment to these Negotiation Procedures may
result in an amendment to the Liquor Board Employees
Division Bylaws.
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