What is conciliation?

Conciliation is an alternative dispute resolution (ADR) process whereby the parties to a dispute use a conciliator, who meets with the parties separately in an attempt to resolve their differences. They do this by lowering tensions, improving communications, interpreting issues, providing technical assistance, exploring potential solutions and bringing about a negotiated settlement.

Either party may apply to the ministry. If parties are in negotiations, they must use the government’s conciliation services before they can get into a position to engage in a strike or lock-out.

Conciliation differs from arbitration in that the conciliation process, in and of itself, has no legal standing, and the conciliator usually has no authority to seek evidence or call witnesses, usually writes no decision, and makes no award.

Conciliation differs from mediation in that the main goal is to conciliate, most of the time by seeking concessions. In mediation, the mediator tries to guide the discussion in a way that optimizes parties needs, takes feelings into account and reframes representations.

In conciliation the parties seldom, if ever, actually face each other across the table in the presence of the conciliator.

What if the employer and the union cannot reach agreement in conciliation?

The conciliation officer informs the Ontario Minister of Labour that a collective agreement was unable to be effected. The minister would then generally issue a notice informing the union and the employer that he or she “does not consider it advisable to appoint a conciliation board” (section 21(b) of the act). This notice is known colloquially as the “no board”.

A no-board report indicates a failure to resolve differences between the two parties. After a no-board report is issued, the parties must observe a sixteen-day period during which terms of employment are frozen but bargaining may continue. On the seventeenth day, lockout or strike is legally possible. A no-board report does not mean lockout or strike will occur; the decision to lockout or strike can be kept in abeyance until any point in time.

In Solidarity,
COPE491 Bargaining Committee

Election/Communication Officer and National Vice-President Election Results

Good Morning,

I declare Tracey Gramchuk elected to the position of Education/Communication Officer.
I declare Karen Carle elected to the position of National Vice-President.

Education/Communication Officer, Table Officer election.

Rank Candidate Votes %
1 GRAMCHUK, Tracey 50 53.76
2 LEWIS, Maggie 43 46.24

Elected by all members in good standing of COPE Local 491
As at Poll close: Monday 03 December 2012 00:00 EST
Number of voters: 93 · Group size: 236 · Percentage voted: 39.41

National Vice-President, Table Officer election.

Rank Candidate Votes %
1 CARLE, Karen 41 44.09
2 CALVELLI, Collette 30 32.26
3 FOSTER, Lise 22 23.66

Elected by all members in good standing of COPE Local 491
As at Poll close: Monday 03 December 2012 00:00 EST
Number of voters: 93 · Group size: 236 · Percentage voted: 39.41

Fraternally,

Fran Robertson
Returning Officer
COPE Local 491

Bargaining Update

Dear Brothers and Sisters,

Unfortunately despite two additional bargaining days on December 1, 2012 and December 7, 2012 we were unable to reach an agreement. At this time we feel it prudent to move the process forward and therefore we have filed for conciliation.

We will keep you updated on the process.

Wishing everyone the best; have a safe and happy holiday.

In Solidarity,
COPE491 Bargaining Committee