Good faith negotiations under s.2 (d): Charter of Rights and Freedoms require the parties to meet and engage in meaningful dialogue, in the pursuit of a common goal of peaceful and productive accommodation. Parties must avoid unnecessary delays and make a reasonable effort to arrive at a mutually acceptable contract.1
Under the new terms of reference agreed to by OPC, the school board associations and the Crown, have agreed to two-tier sequenced good faith negotiations at both the central and local level. Salary, benefits and other economic conditions, matters related to provincial policy, legislation and regulation and other matters of a provincial nature are dealt with centrally. All other matters not agreed to as central items for negotiation may be negotiated locally following completion and ratification of the central terms and conditions of employment.
Advice
OPC and OPC Districts approach good faith negotiations as an opportunity to create a ‘made for management’ process that embraces a respectful and problem-solving style of negotiations and follows the mutual gains approach to management negotiations at both the central and local negotiation tables. Reading PPM 152 together with the Effective Practices Guide and the case law on what constitutes good faith negotiations, the following standards of practice emerge:
Meaningful dialogue
Meaningful dialogue is dialogue with the purpose of reaching mutual agreement. This entails engaging in rational discussions with respect to all of the issues between the parties. Discussions must be conducted with the spirit of collaboration, fairness and respect and with the goal of achieving an agreement.1 Proposals should be explained by providing sufficient information and clarifying the underlying rationale of proposals so as to enable the other side to evaluate their significance and there is an equal obligation on the parties to address proposals put forward for consideration.
Presentation of views and objectives in the context of a meaningful process
The presentation of views and objectives in the context of a meaningful negotiation process must respect the interests of both parties and is aimed at finding resolutions to differences by the development of a dispute resolution process to resolve impasses in negotiations and disputes in the development of the agreement.2
Spokesperson and representation
OPC chooses their representatives at the central negotiating table.
Each local association party has the right to choose their spokesperson representative3 to negotiate terms and conditions of employment with their respective school boards for local negotiations.
Sharing and disclosure of relevant information
Both OPC and the Council of Trustee Associations at the central negotiation table, and both the local association and the school board must share and disclose relevant information that is pertinent to the negotiations whether or not it is directly solicited. Moreover, any information that is shared must be free of misrepresentation and deception by act or omissions.
Process that is free from reprisals and intimidation
The negotiation process must be free from reprisals and intimidation and there should be no punitive employment actions towards an individual member of the local negotiating team as a result of his or her participation in the negotiating process.
[1] Health Services and Support – Facilities Subsector Bargaining Assn. v. British Columbia, [2007] 2 S.C.R. 391, para 98,100 and 101. ; Affirmed in Ontario (Attorney General) v. Fraser, 2011 SCC 20, [2011] 2 SCR 3, para 38 and 41
[2] PPM 152, pg. 2 and 3
[3] PPM 152, pg.