The Telus-TWU Collective Agreement that our members across Canada are currently working under remains in effect while your Bargaining Committee continues to meet with Telus,
moving towards a revised Collective Agreement. Per section 50 of the Canada Labour Code, the terms and conditions of the current Telus-TWU Collective Agreement continue to apply during the course of negotiations.
Duty to bargain and not to change terms and conditions
50. Where notice to bargain collectively has been given under this Part,
(a) the bargaining agent and the employer, without delay, but in any case within twenty days after the notice was given unless the parties otherwise agree, shall
(i) meet and commence, or cause authorized representatives on their behalf to meet and commence, to bargain collectively in good faith, and
(ii) make every reasonable effort to enter into a collective agreement; and
(b) the employer shall not alter the rates of pay or any other term or condition of employment or any right or privilege of the employees in the bargaining unit, or any right or privilege of the bargaining agent, until the requirements of paragraphs 89(1)(a) to (d) have been met, unless the bargaining agent consents to the alteration of such a term or condition, or such a right or privilege.
In the event an impasse is reached between the parties there are steps in 89(1)(a)-(d) of the Canada Labour Code that outline the process that must occur before any terms or condition of employment are altered.
No strike or lockout until certain requirements met
89. (1) No employer shall declare or cause a lockout and no trade union shall declare or authorize a strike unless
(a) the employer or trade union has given notice to bargain collectively under this Part;
(b) the employer and the trade union
(i) have failed to bargain collectively within the period specified in paragraph 50(a), or
(ii) have bargained collectively in accordance with section 50 but have failed to enter into or revise a collective agreement;
(c) the Minister has
(i) received a notice, given under section 71 by either party to the dispute, informing the Minister of the failure of the parties to enter into or revise a collective agreement, or
(ii) taken action under subsection 72(2);
(d) twenty-one days have elapsed after the date on which the Minister
(i) notified the parties of the intention not to appoint a conciliation officer or conciliation commissioner, or to establish a conciliation board under subsection 72(1),
(ii) notified the parties that a conciliation officer appointed under subsection 72(1) has reported,
(iii) released a copy of the report to the parties to the dispute pursuant to paragraph 77(a), or
(iv) is deemed to have been reported to pursuant to subsection 75(2) or to have received the report pursuant to subsection 75(3);
Negotiations are ongoing. The parties have grouped items of a similar nature together to facilitate discussions during the 2nd pass through the tabled proposals. Meetings between the Bargaining Committee and Telus continue in Vancouver; dates are scheduled until December 9, 2010, and will resume January 11, 2011, with dates scheduled until March 31, 2011.
For more information please use the link provided to access the Canadian Labour Code: http://laws.justice.gc.ca/eng/L-2/page-2.html#anchorbo-ga:l_I-gb:l_IV