Union Interim Executive Director

June 2013

Context Union Certification Process Implications Collective Bargaining Next Steps

Outline

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.

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.

Context

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.

Union Certification Process

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

Collective Bargaining

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.

Implications

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.

Moving Forward