Bargaining and Equity

Following are some questions you might ask yourself when reviewing your bargaining demand(s) and/or employer proposals, to see if there are any barriers for members belonging to one or more equity group

Equity Filter Considerations

Following are some questions you might ask yourself when reviewing your bargaining demand(s) and/or employer proposals, to see if there are any barriers for members belonging to one or more equity group:

1. Does this bargaining demand / employer proposal meet the intended goal?
2. Does this bargaining demand / employer proposal conform to human rights and employment laws?
3. Does this demand/proposal create inequality?
4. Are there alterations or modifications to the demand/proposal that would keep the intent but eliminate the negative impact on equity groups?  If so, what are they are?

Negotiating with an Equity Lens: Things to Look out for

Has the UnionMet its Legal Obligations?

• to ensure there are no provisions in the collective agreement that are discriminatory
• to ensure representation of all its members is not arbitrary, discriminatory or in bad faith 

Does Your Collective Agreement Have A Seniority Clause?

If workplaces are representative, this is probably the most neutral tool that can be used for entitlements.  The problem is that our workplaces have been historically under-represented by certain groups – so straight seniority can compound this; especially if a majority of equity group representation in the workplace are recent hires.  Long and short-term measures can be taken through bargaining, to remove barriers related to seniority.

Are There Provisions for Accommodation?

Accommodation means that employers are supposed to have employment systems (recruitment, staffing, training, promotion, termination, working and hiring), that are barrier-free and build on “concepts of equity” for all groups protected by human rights legislation.  Additional measures may be required by some of the groups protected by human rights provisions to ensure they are accommodated in the workplace.

Are Your Employment Systems Barrier-free?

It is important that provisions for employment systems are barrier-free.  In the case of the federal public service, we are unable to negotiate staffing provisions.  However, inclusion of equity language in collective agreements can put additional obligations on the employer to have barrier-free staffing systems.

1. employment systems include:
2. application of seniority clauses
3. accommodation for; persons with disabilities, religious beliefs, family status and cultural differences
4. measures that exclude people from equity-seeking groups;

• from full participation in training
• from applying for assignments or promotions
• from participating in meetings and workplace decision-making
• from access to rights and/or benefits outlined in policy, practices and collective agreement provisions
• from being able to carry out work-related duties and assignments