Frequently Asked Questions
What is a collective agreement?
A collective agreement is a written contract between an employer and a union providing the terms and conditions of employment that apply to all members of the particular group of employees represented by the union - this group is known as the bargaining unit.
What is collective bargaining?
Collective bargaining is the process by which the parties to a collective agreement renegotiate the terms of an existing collective agreement or negotiate a new collective agreement when the union has been recently certified.
The Industrial Relations Act of New Brunswick obligates both sides of a collective agreement to meet in a timely manner and to make every reasonable effort to negotiate in good faith with a view to concluding a collective agreement or the renewal or revision thereof.
UNB is committed to meeting its obligations with the goal of obtaining a negotiated settlement at the table.
How does collective bargaining commence?
To start the collective bargaining process, at least one party must give notice. This occurs either under the terms of an existing collective agreement under section 32 of the Industrial Relations Act of New Brunswick or in instances of a recently certified union under section 33.
The parties then set up dates to exchange and negotiate proposals.
Has either party given formal notice to bargain under any of the six collective agreements?
UNB has received formal notice to bargain from two unions representing four bargaining units. UNB is actively engaged in negotiations with the Association of University of New Brunswick Teachers with both the full-time faculty and the part-time instructors and librarians. Negotiations have yet to be scheduled with the Public Service Alliance of Canada which represents the graduate student teaching assistants and the administrative, professional and technical employees.
As negotiations progress, will the university community be updated?
Yes. UNB will provide updates to the university community through this web page as negotiations progress. These updates will be factual and respectful of the negotiations process and our obligations under the Industrial Relations Act.
How will UNB's communications on this website affect negotiations?
Negotiations are a routine part of the life cycle of a collective agreement and a normal part of university life. The information posted on this website will assist the university community in understanding the process as it unfolds without interfering with the bargaining itself.
What happens if the Employer and the Union are unable to reach agreement on the terms of a new collective agreement through the collective bargaining process?
If the parties are unable to reach agreement on all issues that have been raised at the table, and are therefore unable to agree on the terms of a new collective agreement, either party (or both) may initiate the conciliation process by requesting the appointment of a conciliator by the Minister of Post-Secondary Training and Labour.
What is the role of a conciliator?
The role of a conciliator is to assist the parties in reaching an agreement. The conciliator acts as a neutral third party by helping both parties work towards a mutually satisfactory solution and a new collective agreement. It is important to note that a conciliator does not have the authority to bind the parties or impose a new agreement on them. A conciliator is only able to make recommendations based on his/her observations and guide the parties through the process. At the end of the conciliation process, the conciliator must provide the Minister with a report.
What happens if the conciliation process is unsuccessful?
If the conciliation process is unsuccessful, the parties have a few options. The parties may agree to submit their differences to binding arbitration or, after nine (9) days from the end of the conciliation process, take a strike or lock-out vote.
Further questions
If you have any further questions about the collective bargaining process, we encourage you to consult the FAQs that have been prepared by the Department of Post-Secondary Education, Training and Labour.
All external communications regarding negotiations are being handled by the communications and marketing department. If you have any questions you may contact Greg Carriere. Internal questions related to labour issues can be directed to UNB's Human Resources Department.
updated June 7, 2013
