Once a union achieves a bargaining unit certification from the Labour Board, they can compel the certified employer to bargain with them. The bargaining must be in good faith with a view to making reasonable efforts to complete a first agreement.
One of the first issues is who gets to represent the union. Remember, at this point there is no agreement. The existing conditions of employment are frozen. So, there is no agreement about employees leaving their work to be part of the union bargaining team. Nothing about being paid by the Company to bargain. And nothing about letting an outside bargaining agent join the employees to lead discussion with the employer.
Under the responsibility to act in good faith, employers ultimately agree there may be a bargaining team. For convenience, they usually agree that the actual bargaining will occur during working hours - even though bargaining was not the reason for hire. Finally, employers usually agree to pay regular wages lost during normal hours of work - not overtime. Often, wages stop after conciliation. The union can either pay directly or reimburse the employer. All these terms are in aid of completing a negotiated collective agreement.
Once there is an agreement in place, by law, it must include a mandatory arbitration provision to resolve all disputes between the parties related to the interpretation, application or alleged violation of the agreement. Always, each agreement has a grievance procedure. Always, union stewards, who are regular employees, are negotiated to be part of the procedure. In many agreements, a steward must be permitted time off during working hours to accompany and support grievors. Within reason, unions negotiate for employers to let these appointees off regularvwork without loss of pay. The union also requests unpaid time off for training its stewards. At advanced stages in the grievance process, the Union will insist on the presence of an outside “ business representative” . Over time, these persons may help the process by discouraging frivolous or specious grievances. However, all these newly negotiated rights can run up bills. It becomes important not to concede too many representatives thee first time. It is also important to recognize that the number of stewards watching the cations of tge employer will force Companies to apply the agreement properly to avoid grievances. You cannot sign up, then expect to get away with egregious conduct.
Unions also seek health and safety representation. If large enough, an employer must create a joint health and safety committee to comply with the safety legislation. Again, the union will want paid time off for the employees who are assigned by the to work on safety issues. The safety reps may attend meetings, do inspections, go for training, do consultations. All these activities will be without loss of pay - all to produce a more safe working environment.
In due course, unions seek the right to engage in leave for union business, training, and full time appointments. The employer can usually delay such concessions until the relationship has developed more fully. But, know such requests are coming. They are all part of doing business with a union.
Ideally, each employer can come to mutual understandings with the union that give the union access to carry out their role without overburdening the employer.
Don’t be surprised. Use the union representational issues to gain things the Company wants. For example, no more than one employee from one area. No more than two internal people on bargaining team. Only one steward at a grievance. If someone is unavailable, a replacement can be compelled. All meetings involving an external union person must be arranged in advance on reasonable notice. No meeting can be imposed if it interferes with business efficiency. No meeting should be longer than 30 minutes. Any one leaving their work station to address a union matter must secure permission in advance and return promptly. If no steward is available, the employer may proceed and advise union later.
The key consideration - relationships grow. Union entitlements, beyond the basics, are earned by responsible conduct. By acting appropriately, over time, not at the beginning, additional rights can be secured. There is no need to create a full set of rules the first time. Bargaining in good faith does not mean acceding to every union request. You still have a business to operate efficiently.