sidhu1982 said:
You are still avoiding the question. Can this union not engage PSLRB with minimum damage to economy? or its just their ego and insensitivity towards canadian public and economy which they bluntly gave the statements on how its going to hurt canada
Just for clarification (on most bargaining processes)
The union nor the employer can just engage the LRB. Generally bargaining consists of many steps, long before you would even think about the LRB (I am relating this through experience with the BCLRB, other jurisdictions will probably have some variance)
Most contracts should have a "Begin Bargaining" date clause in them, ie both parties agree that they will begin bargaining x months before the expiry of their current CA (collective agreement).
In the lead up to that date or after that date, both sides will get their respective teams together for their committees, do the request for proposals, exchange dates for preliminary meetings to exchange proposals etc.
That done, with the proposals exchanged, gone over by both sides, then they will either start right there, or set dates going forward to get to the actually work of bargaining.
Both sides now have to meet, and discuss, horse trade, negotiate, talk, piss and moan their points. (baring of course they can talk it out and come to a deal) Until the point that neither side can move at all, it has to be a total impasse. If both sides reach a impasse in their opinions, then they can agree to bring in an Arbitrator. This starts a new side process that doesn't need to be covered here...
If both sides deem them selves at a impasse, then either can apply for a lock out (employer) or for strike action (union) this means going to the LRB proving the impasse, having the LRB agree there is an impasse then going through the necessary steps for either a lock out or strike.
In this case, a strike, the Union gets permission to canvas members, and holds a vote of the membership, which has to be scrutinized by people outside of the articular union local in question. The results go back to the LRB, they grant x amount of days for the action to happen, generally if no action happens within the set time, the union is out of luck, and has to go through the process again to get permission from the LRB to strike....
So lets say negotiations have hit impasse, the Union has done it's bit with the LRB, now in most cases they will have some sort of very limited job action within 30/60/90 days what ever the terms set out by the LRB set forth, generally something small to keep the strike mandate alive and active, such as a 1 day ban on over time. this keeps the strike mandate "fresh", but also gives them some limited power to try and force the other side back to the table.
In this case that hasn't worked, so far the union has done all the above steps, but the government has refused to bargain, and refuses to even come to the table...(this next bit I am a little cloudy on, so anyone else who has better recollection than I can chime in) now I believe (correctly or not) that the union offered to go to an arbitrator before approaching the the LRB with the present "Bad Faith" claim again the employer.
Which would mean at impasse and in a full blown strike position, they where still trying to seek an end. But the employer was the one who wanted the conditions imposed on the arbitrator, to which the union even agreed with 2 or 3 of them, but couldn't swallow (I believe) all six, this was when the employer then turned around and again snubbed their noses at the employees.
So you are at two processes the employer is snubbing their nose at, and two attempts by the employees, to try and effect some sort of end to the negotiations.
But even with that, you still spit on the union as the antagonist.
So the union didn't just go on strike, and say screw Canadians, they have tried and tried again to negotiate with an employer unwilling to even sit at the table. To the point, the union has offered to give up their bargaining rights 100% and put their cards completely in the hands of an arbitrator and let the pieces fall where they may, and still the government refuses that.