Collective Agreement Interpretation

On July 20, 2012, SAFA issued a notice to all staff informing them of its intention to initiate a restructuring process in the workplace. As no savings contracts were entered into, the restructuring process was carried out within the meaning of the LRA`s s189. 1. Read, reread and reread. Read the language several times to make sure your interpretation is correct. Choose each word in half. Words, for example, can and can have a very definitive meaning when it comes to a collective agreement. In a unionized environment, collective agreement is fundamentally an important aspect of the employment relationship. A collective agreement is the written contract between the employer and the union, which sets out the rights and obligations of both parties as well as the conditions of employment of the workers. Collective agreements can be negotiated between the parties or imposed by arbitrations or mandatory laws. A collective agreement reflects the final consensus reached between the parties at the bargaining table.

As such, it is assumed that each party intends to do what it has said, and the simple interpretation rule applies. In other words, words get their usual meaning, technical or legal terms get their technical or legal meaning, and the specific use of words is recognized in the respective context that is at stake between the parties. 4. The context in which words appear is also an important source of their meaning. The words considered should be read in the context of the sentence, section or collective agreement as a whole. Titles also help to make sense of the sections covered by the collective agreement, unless the collective agreement indicates that titles should not be used as an interpretive guide. A recent arbitration award provides valuable insight into the legal approach to the interpretation of collective agreements. While these agreements are often complicated, reading Noonan`s collective agreement in the Ottawa Hunt and Golf Club Limited and Hospitality Services Trade Union collective agreement (February 2014) shows the value of the most fundamental rule of statutory interpretation – the words chosen by the parties must have meaning. This point was underlined by Emond Harnden`s own Sebastien Huard, who successfully argued this case on behalf of the employer. 3. Try to understand the language from the union`s point of view; Read it with his state of mind.

Find out why they see black. Then repeat numbers 1 and 2 — see if there is anything in the agreement that supports that view. Other important aspects of collective interpretation are: on 6 July 2012, a recognition agreement was reached between BIFAWU and SAFA, which governed, among other things, the rights of the parties in collective agreements and defined the procedure for possible employment restructuring. The Labour Tribunal reaffirmed the principle that arbitrators, when interpreting collective agreements, must endeavour to implement the intent of the agreement and give the words used by the parties their common and popular meaning in the absence of ambiguity. Because of the obvious importance of collective bargaining, Adjudicator Noonan found that section 13.05 did not apply if workers did not have regular positions. The collective agreement did not prevent the employer from assigning positions of less than four hours to the bereaved persons concerned. The appeal was dismissed. (3) If there are French and English versions, the intention of the parties can be clarified by comparing the two texts. Many PSAC agreements provide that both texts are official. Imagine that you have received a written complaint from your union and have no idea where to start.

You consider the language of collective agreements that the union has described as violated, and for you, that is pretty clear. You did not call that person for overtime and you did not sign the work that the union should have done.