Please find below a list of general Frequently Asked Questions (FAQs) regarding collective bargaining at UPEI. If the information you are looking for is not reflected on these FAQ pages, please submit your question to communications@upei.ca 

What is a collective agreement?
What is collective bargaining?
How does the collective bargaining process begin?
As negotiations progress, will the University community be updated?
What happens if UPEI and the Union(s) are unable to reach agreement on the terms of a new collective agreement through the collective bargaining process?
What is the role of a conciliator?
What happens if the conciliation process is unsuccessful?
What happens if there is a strike or lockout?
What happens once a tentative agreement is reached?

What is a collective agreement?

A collective agreement is a written contract between an employer and a union providing the terms and conditions of employment that apply to all members of the particular group of employees represented by the union—this group is known as the bargaining unit.

What is collective bargaining?

Collective bargaining is the process by which the parties to a collective agreement renegotiate the terms of an existing collective agreement or negotiate a new collective agreement when the union has been recently certified.

The Labour Act of Prince Edward Island obligates both sides of a collective agreement to meet in a timely manner and to make every reasonable effort to negotiate in good faith with a view to concluding a collective agreement or the renewal or revision thereof.

How does the collective bargaining process begin?

To start the collective bargaining process, at least one party must give notice. This occurs either under the terms of an existing collective agreement under section 23 of the Labour Act of Prince Edward Island. The parties then set up dates to exchange and negotiate proposals.

As negotiations progress, will the University community be updated?

Yes. UPEI will provide updates to the University community through this website as negotiations progress. These updates will be factual and respectful of the negotiation process and our obligations under the Labour Act of Prince Edward Island.

What happens if UPEI and the Union(s) are unable to reach agreement on the terms of a new collective agreement through the collective bargaining process?

If the parties are unable to reach agreement on all issues raised during negotiations and are therefore unable to agree on the terms of a new collective agreement, either party (or both) may initiate the conciliation process by requesting the appointment of a conciliator by the Minister of Workforce, Advanced Learning and Population.

What is the role of a conciliator?

The role of a conciliator is to assist the parties in reaching an agreement. The conciliator acts as a neutral third party by helping both parties work towards a mutually satisfactory solution and a new collective agreement. It is important to note that a conciliator does not have the authority to bind the parties or impose a new agreement on them. A conciliator is only able to make recommendations based on their observations and guide the parties through the process. At the end of the conciliation process, the conciliator must provide the Minister with a report.

What happens if the conciliation process is unsuccessful?

If conciliation doesn’t lead to an agreement, the parties may vote to strike or lock out. This can happen in two ways as outlined in the Labour Act of Prince Edward Island:

1. if a conciliation officer is unsuccessful in helping the parties reach a deal, and 14 days have passed since their report was filed with the Minister, and no mediator or conciliation board was appointed, or,
2. if a mediator or conciliation board was appointed but still could not help the parties reach an agreement, and seven days have passed since their report was filed with the Minister.

What happens if there is a strike or lockout?

In the possible event that a strike or lockout occurs, there may be impacts to university operations until an agreement is reached. Potential impacts could include class or exam cancellations, modified course delivery, delays in assignments or grading, or reduced access to certain academic or administrative services. UPEI will notify students, faculty, and staff immediately if our operations are impacted. Updates will be provided on our web page, sent via email, and posted on our social media channels.

What happens once a tentative agreement is reached?

The ideal outcome is for UPEI and each union to reach a renewed collective agreement through negotiations at the bargaining table. Once they do, the agreement is considered tentative until a majority of the bargaining unit membership votes to ratify it and UPEI formally approves it.

Further questions?

If you have any further general questions about the collective bargaining process, we encourage you to consult the Labour and Industrial Relations pages on the Government of PEI's Department of Workforce, Advanced Learning and Population website.