Protocol Regarding Authority and
Process for Collective Bargaining

This protocol is designed to clarify the process by which decisions related to collective bargaining are made within and by the Queen's University Faculty Association.

The Association is the sole bargaining agent for those members of the Bargaining Unit as defined in the Certificate issued by the Ontario Labour Relations Board. There are two types of membership: membership in the Bargaining Unit and membership in the Association.

a) Membership in the Association:   Membership in the Association is open to all members of the Bargaining Unit, to clinical faculty in the Health Sciences who are eligible for membership in the Clinical Teachers' Association of Queen's University, and to such other groups as the Association may determine. Membership becomes effective upon receipt by the QUFA office of a completed application form, and membership in good standing is normally determined by the payment of membership dues to the Association. Only members in good standing with the Association may be elected to the Executive Committee, serve on the Negotiating Team, serve on supporting committees, or participate in the decision making processes of the Association.

b) Membership in the Bargaining Unit:  Members of the Bargaining Unit refers to those employees covered by the Ontario Labour Relations Board Certificate, therefore by the Collective Agreement, and represented by the Association. However, some employees may elect not to be members of the Association (usually because of a religious or conscientious objection). The Association still has to represent these employees but non-members' role in the Association is diminished: they cannot hold office in the Association, they cannot vote on elections of officers, they cannot vote on policy matters of the Association, they cannot participate on the day-to-day decision making process of the Association. However, they can vote on certain matters related to the Collective Agreement: ratification and strike action.

a) The enabling power or authority to accept or reject a negotiated Collective Agreement rests with the members of the Bargaining Unit. Ratification of a negotiated Collective Agreement shall be conducted by a secret ballot.

b) The enabling power or authority to delegate authority to run the affairs of the Association and manage the negotiated contract rests with the membership of the Queen's University Faculty Association. The membership of the Association has the power to elect Council representatives and Officers of the Association, as well as the right to convene special meetings, alter the Constitution, and give direction to Council. This authority is provided for under the QUFA Constitution.

c) All members of the Bargaining Unit may attend meetings of the Bargaining Unit, which may be convened to present negotiating objectives in principle or to ratify a proposed Collective Agreement, or vote on a request for strike or other action.

d) Progress reports on negotiations may be presented as part of the agenda at regular general meetings of the Association. When this is the case, members of the Bargaining Unit who are not members of the Association may attend only with the expressed permission of the Association membership then in attendance at the meeting.

a) The Council of Representatives:  In accordance with the QUFA Constitution, the Council is responsible for approving general collective bargaining principles, as well as approving a Collective Bargaining Protocol upon recommendation by the Executive Committee and the Negotiating Team. The Council also serves as a mechanism for communicating information from the Executive Committee to the general membership, and vice versa.

b) The Executive Committee:   Under the QUFA Constitution, the Executive Committee of the Association has the responsibility to select and appoint and, if necessary, remove or replace the members of the Negotiating Team. The Executive Committee must report the composition of the Negotiating Team to Council for approval. Under the QUFA Constitution, the Executive Committee is responsible for supervising the work of the Negotiating Team and approving bargaining positions and strategies recommended by the Negotiating Team. Accordingly, the responsibility for instructing the Negotiating Team rests with the Executive Committee.

c) The Negotiating Team:  The Negotiating Team will choose its own spokesperson(s) and recorder(s). The QUFA President and other members of the Executive, and selected members of the Bargaining Unit, may, on the invitation of the Negotiating Team, attend at the negotiating table from time to time as observers or experts on particular negotiating issues.

The Negotiating Team has the sole authority to represent the Bargaining Unit in negotiations with the Employer. The Negotiating Team will start from negotiating proposals supported by the Bargaining Unit and by the Executive Committee, and consult regularly with and take instruction from the Executive Committee as to general strategy and responses in principle to proposals from the Employer.

Any committees to support negotiations, such as a Research Committee or a Communications Committee, shall be appointed by the Executive and announced to the Council of Representatives.

a) During the period that a Collective Agreement is being prepared for and negotiated, a representative of the Negotiating Team will regularly attend meetings of the Executive Committee to report on the development of proposals and the progress of negotiations with the Employer.

b) Proposals developed by the Negotiating Team will be presented to the Executive Committee for approval.

c) Regular negotiations reports will be provided to Council, and Council feedback will be solicited on a regular basis. Any reports to Council or to the membership during the negotiating process will be presented by the President, the Executive Committee, or, under delegation by the President or Executive Committee, a member of the Negotiating Team.

d) When all the articles have been agreed to by the parties at the negotiating table, the proposed Collective Agreement will be presented by the Negotiating Team to the Executive Committee and to Council for approval and for recommendation to the membership of the Bargaining Unit. Once this recommendation has been obtained, the Executive Committee will present the proposed Collective Agreement to the members of the Bargaining Unit for their ratification by secret ballot.

If you have any questions or comments, please drop us a line. You can

• phone us at (613) 533-2151 (ext. 32151 within Queen's), or
• write us at the address on the Home Page.

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Last revised: March 25, 2004
Maintained by: Queen's University Faculty Association
TEL: (613) 533-2151     E-Mail: qufa2@post.queensu.ca

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