Conciliation (labour relations)

A buyer of a unionized business meets the term when bargaining has stalled and the next step is the Minister of Labour. It also matters because both statutes covered here tie a legal strike or lockout to the Minister’s steps after bargaining fails, as set out in legal strike or lockout position.

Under the Canada Labour Code

Under s. 71, where notice to bargain has been given, either party may send the Minister a notice of dispute where bargaining has not started within the time the Part fixes or the parties have bargained but could not agree. Under s. 72(1), the Minister then appoints a conciliation officer, appoints a conciliation commissioner, establishes a conciliation board, or notifies the parties in writing of an intention not to do any of these. Under s. 72(2), the Minister may take one of the first three steps without a notice if the Minister considers it advisable, and s. 72(3) allows only one action per dispute.

Under Ontario’s Act

Under s. 18(1) of the Labour Relations Act, 1995, where notice has been given under s. 16 or s. 59, the Minister, on the request of either party, shall appoint a conciliation officer to confer with the parties and try to effect a collective agreement. Under s. 18(2), where no notice was given but the parties have met and bargained, the Minister may appoint one on request. Other provinces are not covered here.

What to ask

• Whether a notice of dispute or a conciliation request is pending
• Who was appointed and what the Minister has since reported or notified
• When the current collective agreement expires

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