In an effort to force the Employer to negotiate the National Executive Board has voted unanimously to apply for conciliation as provided for under the Canada Labour Code. This action will result in the involvement of a government appointed conciliator who will attempt to bring the parties to a negotiated settlement. Under the provisions of the Canada Labour Code the appointment of a conciliator also “starts the clock” for the parties to obtain the legal right to strike and (or) lockout.
The Clock is ticking
The Canada Labour Code provides a conciliation timetable designed to promote negotiations. The exact timetable depends on when the Minister of Labour appoints the conciliator. However the timetable does not allow much flexibility. Under the Code, the Minister has a maximum of 15 days to appoint a conciliator. The process can last a minimum of 14 and a maximum of 60 days when the report must be submitted to the Minister. There is then a period of 21 days and, if no agreement has been reached, the parties obtain the legal right to strike and (or) lockout. Since the date of applying for conciliation is January 21, 2011 the date of CUPW and CPC obtaining the right to strike or lockout will be no later than the end of April 2011 unless both parties agree to an extension.