A collective bargaining agreement (CBA) is a written contract between a union and an employer that sets the terms and conditions of employment for a group of employees, known as a bargaining unit. These agreements are reached through a process of negotiation called collective bargaining and typically cover wages, benefits, working hours, and other conditions of employment, such as job posting procedures and dispute resolution methods.
- CBA in pdf format -
♦ Contractual terms: A CBA is a legally binding contract that outlines specifics like pay rates, hours of work, vacation time, and benefits.
♦ Defined duration: CBAs are valid for a set period, often one to three years, and have an expiry date.
♦ Dispute resolution: They include a process for resolving disputes,
most commonly a grievance and arbitration procedure.
♦ Employer and union rights: The agreement specifies the rights and
responsibilities of both the employer and the union.
♦ Initiation: Either the union or the employer can give a "notice to bargain" to start negotiations, usually a few months before the current agreement expires.
♦ Negotiation: The union and employer meet to discuss and negotiate
proposed changes to the agreement.
♦ Ratification: If the parties agree on a new contract, the union
members vote on it in a process called ratification. The agreement is accepted if it passes the vote.
♦ Implementation: Once ratified, the new CBA is implemented, and its terms become effective.
A seniority list ranks employees by their length of service and is used for important workplace decisions like layoffs, promotions, and access to benefits. These lists are typically maintained by employers under the terms of a collective bargaining agreement and are posted for employees to view annually or biannually. Seniority can be based on the start date of employment, actual hours worked for part-time employees, or a combination of factors, with definitions and calculations specified in the relevant collective agreement.
Seniority List (numerical)
Seniority List (alphabetical)
♦ A list that ranks employees based on how long they have worked for a company.
♦ It serves as a record of each employee's tenure and is often used in unionized workplaces.
How is Seniority Determined ?
♦ Start Date: The effective date an employee began working for the organization.
♦ Hours Worked: For part-time employees, seniority is often calculated based on the total number of hours they have worked.
♦ Specific Criteria: Collective agreements define how seniority is accrued for different types of employees, such as regular, term, or auxiliary staff.
♦ Fairness: They ensure consistent and fair application of company policies.
♦ Layoffs: To determine which employees are retained or let go during workforce reductions.
♦ Promotions and Opportunities: To decide who is eligible for training, higher-level positions, or specific routes in certain fields.
♦ Benefit Access: For managing access to certain benefits or privileges.
Where to Find a Seniority List ?
♦ Typically posted on company bulletin boards or accessible through the organization's internal website .
♦ Distributed to union representatives and employees annually or biannually.
Bylaws are local laws passed by a municipality or rules established by an organization to govern its internal operations. They are created by a lower authority, like a city council or a company's board of directors, under the authority of a higher government body and must comply with provincial and federal laws.
In Manitoba, bylaws in a school context are local rules created by school boards that govern the internal operations of a school division. These bylaws must comply with provincial laws and allow for schools to meet the needs and reflect the values of their specific communities.
- ByLaws in pdf format -
School boards in Manitoba operate under a legal hierarchy that dictates how they set policy:
♦ Provincial legislation: The overarching law is The Public Schools Act, a provincial statute that outlines the mandatory duties and permissible powers of all school boards in Manitoba.
♦ Provincial regulations: The Minister of Education may also create regulations that are binding on all school boards. Unlike legislation, regulations are administrative tools that can be altered by the government without a vote in the legislature.
♦ Local bylaws: Within the framework of provincial legislation and regulations, each individual school board creates its own bylaws to determine internal procedures, such as how meetings are conducted.
The relationship between bylaws and school policy
It's important to distinguish between bylaws and policy. The Manitoba School Boards Association provides this helpful distinction:
♦ Bylaws: Focus on the internal administration and procedures of the school board. They are essentially the "rules of the game" for the trustees themselves.
♦ Policy: The specific decisions and statements that the board makes at public meetings to govern the division's operations. Administrative procedures then reflect how to implement those policies.
School board bylaws provide the structure needed to carry out the business of the school division and help prevent conflicts. They address several key aspects of a school division's operations:
♦ Rules of procedure: Bylaws establish rules for how the school board conducts its meetings, ensuring business is done openly and fairly.
♦ Trustee conduct: Bylaws can establish codes of conduct for school trustees, which may include a process for appealing alleged breaches.
♦ Property and finances: These rules can cover the sale of school property, purchasing procedures, and how the board authorizes spending.
♦Administration: Bylaws detail internal administrative procedures and how to implement board policies.
♦ Instructional matters: Bylaws can set policy for aspects like language of instruction and authorize religious instruction.
#204-377 Henderson Highway Winnipeg, Manitoba
Phone: xxx-xxx-xxxx
Email: info@cupe4635.org
Fax: xxx-xxx-xxxx
