Application of the Collective Agreements After their Expiry Date

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Tuesday February 2 2016
Negotiations Bulletin No. 7

There appears to be some uncertainty about the rights that apply after the collective agreements have expired. This is to clarify the situation.


The expiry date of the RSMC collective agreement was December 31, 2015.
The expiry date of the urban operations collective agreement was January 31, 2016.


The rights set out in both these collective agreements continue to apply. You can see for yourself by reading clause 34.03 of the RSMC collective agreement or clause 43.03 of the urban collective agreement. The Canada Labour Code provides that collective agreements continue to apply until the Union obtains the right to strike, and the employer, the right to lockout. We are not anywhere near this stage.


Despite clause 34.03, the employer stopped paying the red-circle amount to RSMCs as of January 1st, 2016. The Union’s position is that this is a violation of the Canada Labour Code and therefore we quickly filed a complaint with the Canada Industrial Relations Board (CIRB) challenging this illegal and malicious decision. We are awaiting the CIRB’s decision, and will keep you informed of developments. For more information see Bulletin #4 dated December 22, 2015.


There will be a lot more rumours in the weeks and months ahead. Beware! Don’t give in to the temptation to spread false rumours, especially if they are spread by the employer. Contact your union steward or a member of your Local Executive Committee to obtain accurate information.


Negotiation meetings will now intensify. We will make every effort to obtain a collective agreement that brings together the RSMC and urban units and improves the working conditions of all workers.

Your support and solidarity will be key!

Sylvain Lapointe
Chief Negotiator, Urban Unit
George Floresco
Chief Negotiator, RSMC Unit