Welcome to the Executive Committee

A UNION LIFE MEMORANDUM Comité sur la précarité, la relève et la vie syndicales NOVEMBER 2011 NOVEMBER ANIMER LA VIE SYNDICALE 1 Wecome to the Executive Committee is a publication of the Fédération nationale des enseignantes et des enseignants du Québec. FNEEQ-CSN represents about 30,000 members in CEGEPs, universities and private institutions. In Québec, it is the largest union organisation in higher education. FNEEQ-CSN Fédération nationale des enseignantes et des enseignants du Québec (FNEEQ) 1601, avenue de Lorimier, Montréal (Québec) H2K 4M5 Phone: 514 598-2241 [email protected] www.fneeq.qc.ca

https://www.facebook.com/FneeqCSN www.twitter.com/FneeqCSN

Written by the Comittee on precarity, renewal and union life Marie Blais, John Ashley Burgoyne, Thomas Collombat, Karine L’Ecuyer, Francis Lagacé and Suzanne Legault Revised by the members of the FNEEQ coordination committee Yves de Repentigny, Céline Lalande, Odette Lefrançois, Caroline Senneville, Micheline Thibodeau, Claire Tremblay, Jean Trudelle Translation: Christine Lapierre Collaboration: France Désaulniers Graphic Design & Illustrations : Emilie Tremblay – http://emilissime.com Printing: Imprimerie de la CSN Legal Deposit: Bibliothèque et Archives nationales du Québec, Library and Archives Canada ISBN – 13978-923606-36-1

Published on recycled paper.

NOVEMBER 2011

2 Introduction

The document you have in hand was created for newly elected members of your Executive Committee. We have taken on the ambitious mandate of describing an entire year in the life of a union, including all the tasks of the Executive Committee and a description of the various structures within the movement, all the while CFFTGUUKPIEQPEGTPUTGNGXCPVVQCNNQHVJGFKƑGTGPVV[RGUQHWPKQPUCƔNKCVGFYKVJ the FNEEQ!

This guide traces the shape of a typical union year. This allows us to describe each of the major milestones that mark the course of the union year, demystify some QHVJGUVTWEVWTGUQHVJGOQXGOGPVCPFEQXGTDTQCFGTKUUWGUVJCVCƑGEVQWTYQTM

#WPKQP[GCTKUUJCRGFD[CRQNKVKECNRTQLGEV9JKNGKVYCUOQUVNKMGN[FTCŽGF DGHQTG[QWYGTGGNGEVGFKVYKNNPGXGTVJGNGUUIWKFG[QWTCEVKQPU+PVJGƒTUVRCTV of the guide, “Breathing life into the union”, we examine how the political project is translated into action and describe the various events that confer rhythm on a typical union year. We then move on to developing solidarity and a description of one of the most important mandates of the Executive Committee: the defence of members. Of course, a guide like this would not be complete without a discussion QHVJGDCTICKPKPIRTQEGUUHQNNQYGFD[CEQPENWUKQPRTGUGPVKPIUQOGQHVJGDGPGƒVU we enjoy today that were the result of hard-fought social and union battles— DGPGƒVUCPFICKPUVJCVYGOWUVRTQVGEV6JTQWIJQWVVJGFQEWOGPVUQOGVQRKEU are explored in special detail in small framed, sidebar sections.

We do not claim to have included absolutely all of the events that may arise during a mandate, nor have we described every good idea that FNEEQ unions have ever had! However, whether your union comes from a CEGEP, a private establishment QTCWPKXGTUKV[YGDGNKGXGVJCV[QWYKNNƒPFKPVJGRCIGUVJCVHQNNQYVJGOCKP elements characterizing the dynamism of FNEEQ unions. You will probably also ƒPFUQOGKFGCUVJCV[QWECPOCMG[QWTQYP

We also believe that this document will serve as a reference for all Executive Committee members themselves and also familiarize them with the reality of other unions and groups. It complements the many training opportunities available from the Federation and the central councils.

We certainly hope that this guide will be useful to you,

Comité sur la précarité, la relève et la vie syndicales Marie Blais, John Ashley Burgoyne, Thomas Collombat, Karine L’Ecuyer, Francis Lagacé and Suzanne Legault participated in the elaboration of this document.

We would like to thank the members of the FNEEQ’s coordination committee HQTVJGKTTGXKUKQPGƑQTVU Table of contents

1. Breathing Life into the Union ...... 6

The Political Project and the Action Plan ...... 8

Teamwork ...... 8

Information: an Essential Part of Building a Union Culture ...... 9

Welcoming New Members ...... 10

General Assembly: Preparation, Proceedings and Following-up ...... 12

Union Committees ...... 13

The Union Council: an Information and Mobilization Tool ...... 14

The Union Retreat ...... 15

Parties: an Indispensible Tool ...... 15

The Various Bodies of the Confederation: Developing Solidarity ...... 15

2. Day-to-Day Responsibilities ...... 16

The Union Headquarters: a Space for Work and for Socializing ...... 17

Defence of Individual Members ...... 18

Properly Maintaining a Case File ...... 19

The Labour Relations Committee ...... 19

Developing Solidarity ...... 20

In the Workplace: Working with Other Organizations ...... 20

In the Community: Know and Be Known ...... 21

Broader Social Issues ...... 21

On the International Scene ...... 21

4 3. Towards the End of Your Mandate ...... 22

Members’ Expectations...... 24

End of the Mandate: Work Assessment and Budget ...... 24

Elections ...... 25

The Confederation’s End-of-Year Meetings ...... 25

4. Negotiating the Collective Agreement ...... 26

Public Sector Negotiations ...... 27

Preparing for Negotiations ...... 28

Understanding Members’ Problems ...... 29

Bargaining for the CEGEPs: Bringing Everyone to the Table ...... 30

Information and Mobilization in Public Sector Bargaining ...... 31

The Bargaining Process and Team Work ...... 31

Make an Action Plan to Support Negotiations ...... 32

Agreement in Principle and Adoption ...... 33

Gains and Struggles ...... 35

The Right to Unionize and Access to the Right to Strike ...... 35

The Rand Formula ...... 36

Anti-Strikebreaker Law ...... 36

Protections for all Québec Workers ...... 37

References...... 38 1. Breathing Life into the Union

6 The summer break is over and a new executive committee—generally elected KPVJGURTKPIQTGCTN[HCNNtVCMGUQȰEG1PGQHVJGEQOOKVVGGoUȮTUVFWVKGUKUVJG division of tasks and responsibilities.

Since CSN unions are autonomous, executive committee structures vary. The number of seats and types of positions on the committee vary according to the PWODGT QH OGODGTU TGUQWTEGU CPF URGEKȮE PGGFU QH GCEJ WPKQP 5QOG RQU- itions (president, secretary and treasurer) are, however, found in all executive committees. Some unions merge the secretary and treasurer functions. There OKIJVCNUQDGGZGEWVKXGEQOOKVVGGQȰEGTUHQTCRRN[KPIVJGEQNNGEVKXGCITGG- ment, pedagogy, information and communications, inter-union relations, inter- national action, the environment, information and mobilization, depending on each union’s needs.

A new executive committee is a new teamQPGKPYJKEJFKȭGTGPVRGTUQPCN- KVKGUFKȭGTGPVUVTGPIVJUCPFFKXGTUGKPVGTGUVUOWUVEQOGVQIGVJGTCPFȮPFC common purpose. Of course, your union’s constitution1CUUKIPUURGEKȮEVCUMUVQ each member of the Executive Committee. Shared responsibility for ongoing ECUGȮNGUJQYGXGTUJQWNFCNUQVCMGKPVQCEEQWPVGCEJOGODGToUKPVGTGUVUVJG YQTMNQCFGZRGEVGFHQTGCEJȮNGCPFJQYWPKQPNKDGTCVKQPUCTGCNNQECVGF KHVJG[ exist). It is important to balance the competing demands of family, work and union activism. Knowing your colleagues’ strengths and interests will help you VQRCTVKEKRCVGOQTGGȭGEVKXGN[KPFKXKFKPIWRVJGVCUMUQHVJG'ZGEWVKXG%QO- mittee. Every member should feel that reponsibilities are divided fairly; this will immediately remove a potential source of tension. The same goes for the div- ision of the workload in terms of hours, whether paid hours, union liberations or volunteer union work. Do not hesitate to talk about it amongst yourselves. Agreeing upon the schedule of meetings and taking into account the family, YQTMQTUVWF[TGNCVGFEQPUVTCKPVUQHGCEJRGTUQPECPCNUQRTGXGPVEQPȯKEV

/QTGQXGTQPGQH[QWTȮTUVVCUMUYKNNDGVQEQPUKFGTVJGYQTMCJGCFHTQOGXGT[ CPINGCPFVQKFGPVKH[YJKEJKUUWGUYKNNRTQDCDN[DGJKIJRTQȮNGFWTKPIVJG[GCT to come. To do so, you need an action plan.

1 The Constitution is a document that governs the democratic functionning of the union […]. It is by the Constitution that the members of the union establish the framework which allows them VQFGȮPGVJGCVVTKDWVKQPUCPFRQYGTUQHVJGXCTKQWUUVTWEVWTGUKPVJGKTWPKQP

BREATHING LIFE INTO THE UNION 7

The Political Project and the Action Plan Teamwork

Union work consists mainly in protecting and improving members’ working Executive Committee work is team conditions. This always happens in a political context, leading the labour work and should promote consen- OQXGOGPVVQȮIJVCICKPUVUQEKCNKPGSWCNKVKGUCPFtKPRCTVKEWNCTtUWRRQTVKPI sus. It is important to properly con- the adoption of fair economic and social policies. UKFGT CNN CURGEVU QH C SWGUVKQP DG- fore a decision is made, as members Your action plan might also depend upon challenges at the local level. Con- usually rally behind a decision once sider, for example, a challenge to union representation on the Curriculum it has been taken. The Executive Committee, the forced adoption of a contentious course evaluation policy, a Committee must be united behind 2WDNKE2TKXCVG2CTVPGTUJKRHQTTGCNGUVCVGRTQLGEVCUEJQQNoURTGECTKQWUȮPCP- its decisions, as they are the result cial situation, or of a round of negotiations that seems particularly fraught of deep discussion and of a demo- YKVJFKȰEWNV[ cratic process. Unless fundamental political disagreements are present, Rooted in both national and local circumstances, your political project will the Executive Committee presents a aim to inform and to mobilise members. It will also work to develop solidarity WPKȮGF HCEG VQ VJG OGODGTU 4CNN[- around tangible issues. ing means supporting the decisions taken by the committee, even if you It may be useful to translate your political project into an action plan; this voted against one of them. YKNNJGNR[QWRTKQTKVK\GCEVKQPUVJTQWIJQWVVJG[GCT#ȎGTVJGCEVKQPRNCPKU adopted in a general assembly, it will be implemented by executive commit- 6QGPUWTGGȭGEVKXGVGCOYQTMGCEJ tee members according to their respective responsibilities. Ensuring that the member of the Executive Commit- elements of the action plan are respected is the duty of the president. tee must inform the others of what has been done and learned. As more information circulates, the commit- More experienced members will introduce the newly elected to their functions tee becomes more collegial; there D[KPVTQFWEKPIVJGOVQVJGVCUMUCVJCPF%QPUKFGTQȭGTKPIPGYOGODGTUC are fewer misunderstandings and it collection of basic documents including the constitution, policies, written becomes easier to pursue common FQEWOGPVCVKQPQHQPIQKPIECUGȮNGUCJKUVQT[QH[QWTWPKQPCPFQHVJGNCDQWT goals. Experienced members should movement, as well as invitations to CSN, central council (conseil central) or fed- pay attention to newer members’ eration training sessions. The CEGEP regroupementHQTGZCORNGQȭGTUVTCKP- ideas, even if they have been tried ing sessions to all new executive committee members. The adaptation to union before; doing so maintains good work is a task in itself and requires support from the more experienced mem- working relationships and is more DGTU+VYKNNVCMGVKOGVQOCUVGTRTQEGFWTGUCPFICKPMPQYNGFIGQHECUGȮNGU productive. Do not be afraid of in- policies, and members, among others. novation, or of retrying something VJCV YCU CVVGORVGF | [GCTU CIQ Every tradition starts as a successful innovation!

Every tradition starts as a successful innovation!

8 It is essential that the Executive Committee make itself known at the beginning of the year, whether or not it includes new recruits: members must be able to identify their representatives. If you have a local labour paper, why not put the RKEVWTGUQH[QWT'ZGEWVKXG%QOOKVVGGOGODGTUKPVJGȮTUVKUUWG!;QWECPKPVTQ- duce them, describe their responsibilities on the committee and indicate their academic discipline. This is also a good occasion to remind or inform members of the union headquarters’ address and telephone number and invite them to meet you in person.

Now that you have introduced your- Information: an Essential Part of Building UGNXGUVQOGODGTUKP[QWTȮTUVEQO- a Union Culture munication of the year. You can give members an opportunity to meet 'XGT[VJKPI HTQO PGYUNGVVGTU NGCȯGVU CPF QȰEKCN UVCVGOGPVU VQ YGDUKVGU each other by organising a “Back to e-mail messages and social networking sites can be used to communicate School” event: a brunch, cocktail with your members. Choose the medium according to the type of informa- re ception, wine and cheese, or any tion to be transmitted. Exercise restraint in the number of messages sent to other kind of get-together. Begin the members: you do not want them to stop reading because of an overabun- union year on a high note for your dance of information! Keeping them posted on important issues is, however, members, who will have an occasion an important part of your mandate. For example, between general assem- to meet old colleagues and greet new blies, think about sending updates on the state of matters dealt with during ones. This would also an excellent assemblies: members who are aware of the issues will have an easier time opportunity to invite new members VCMKPIRQUKVKQPUKPCFGDCVG(KPCNN[CPWPTGUVTKEVGFȯQYQHKPHQTOCVKQPKU to a special introductory meeting. essential to mobilization.

$GECTGHWNVQOCMG[QWTRQKPVUENGCTCPFEQPEKUG#XQKFUGPVGPEGUȮNNGFYKVJ unexplained acronyms, such as: the CEEC examined the PIEA, the EQE for the (4#EQWTUGUJCXGDGGPOQFKƒGFD[VJG$2'QTVJG/'.5OCPFCVGF4'%+6VQ QTICPKUGC6+%ECORHQT(%53CPF(''2VGCEJGTU

Do you report on the status of an issue or should you re-tell the whole story? To ensure that all share the same understanding, a summary of the situation or an outline of previous steps may be useful. It is important to remember that members may not have kept track of all events, for many reasons (leave, recent hiring, etc.), and that a few extra pieces of information will help them properly grasp the issues. This is all the more important in workplaces with high turnover.

BREATHING LIFE INTO THE UNION 9 Welcoming New Members

At the very beginning of the academic year—even if this time is particularly DWU[tYJ[PQVRNCPCPKPHQTOCVKQPOGGVKPIHQTPGYOGODGTU!9JGVJGT[QW plan a lunch, a happy hour with wine and hors d’oeuvres, or just a regular meet- ing, it will give you the opportunity to share useful information and properly welcome and get to know these new members. The beginning of the school year is also an excellent time to remind your new colleagues of deadlines to submit certain important documents to the administration, as these could have CPKORCEVQPEQORGPUCVKQPDGPGȮVUCPFYQTMKPIEQPFKVKQPU6JKUOGGVKPIYKNN also allow newly hired members to meet colleagues and to network.

To encourage attendance, propose that new members come with a colleague. You might also send the invitation to the membership at large; this will include those who, although they are not new members, could not attend the previous years’ information meetings. To provide introductory materials to you mem- bers, an information kit (the Welcome to CSN package) is available from the federation. It provides participants with reference documents and will support your meeting.

Sample Agenda Originally from a CEGEP union, this agenda can be adopted to your own needs.

New Teacher Happy Hour: Information Meeting 1. Welcome and Introductions 2. Democratic Decision-Making: the Life of our Union   6JGFKȭGTGPVQTICPKUCVKQPUQHVJGOQXGOGPV(0''3%50 central council 2.2 The local union: general assembly, Executive Committee, labour relations committee, academic council, union committees 3. The Collective Agreement and Your Rights  5VCVWUUGPKQTKV[RTKQTKVKGURQUVKPIUCPFYQTMNQCFU  5CNCT[GZRGTKGPEGCPFGFWECVKQP  2QUVKPIUCPF,QD1ȭGTU  %CNEWNCVKPIVJGKPFKXKFWCNVGCEJKPINQCFVJGHWNNVKOGGSWKXCNGPV and your contract - Leaves for the non-tenured - Insurance  6JKU(CNNoU*KIJ2TQȮNG+UUWGU  ;QWT3WGUVKQPUCPF+UUWGU

10 The general assembly is a privileged place for exercising democracy and maintaining solidarity between members.

$GHQTG[QWMPQYKVKVYKNNDGVKOGHQTVJGȮTUVgeneral assembly of the year. Communicate the dates for general assemblies to your members well in advance so your members can reserve the time in their schedules. This helps avoid sched- WNKPIEQPȯKEVUYKVJFGRCTVOGPVCNQTQVJGTOGGVKPIU9JGPQTICPK\KPI[QWTECN- GPFCTVCMGPQVGQHVJGUEJGFWNGFFCVGUHQTVJG(GFGTCVKQPUoFKȭGTGPVOGGVKPIU as some members of your executive will act as delegates at those meetings.

Your union is part of one of the three regroupements: CEGEP, private or uni- versity. The delegates meet regularly to examine common problems and adopt EQOOQPRQUKVKQPU'CEJWPKQPJCUCEGTVCKPPWODGTQHQȰEKCNFGNGICVGUYJQ vote when proposals are submitted to the caucus. The delegates‘ representa- tive role is two-fold: they represent their general assembly to the caucus and the caucus to the general assembly.

The General Assembly is the highest authority of the union. It delegates part of its powers to representatives so that day-to-day union work can be done, but it must maintain control over important decisions. The general assembly is thus a privileged place for exercising democracy and maintaining solidarity between members. It also helps the executive to evaluate the strength of your local WPKQPEWNVWTGKUVJGSWQTWOGCUKN[CVVCKPGF!#TGUQOGFGRCTVOGPVQTUGEVQTU WPFGTQTQXGTTGRTGUGPVGF!&QCNNOGODGTUHGGNHTGGVQGZRTGUUVJGOUGNXGU! 6JGOGODGTUQHVJGGZGEWVKXGECPCUMVJGOUGNXGUVJGUGSWGUVKQPUVQȮPFQWV what are the strengths and weaknesses of the union’s culture, and take action to remedy the latter.

BREATHING LIFE INTO THE UNION 11 General Assembly: Preparation, Proceedings and Following-up

PREPARATION

It is important to plan general assemblies carefully. A well-prepared executive committee is all the more cred- ible for members.

For a general assembly, the Executive Committee must: - Read and approve the previous general assemblies’ minutes - Prepare the invitation for the assembly  5GPFVJGKPXKVCVKQPVQOGODGTUYKVJKPVJGFGNC[U prescribed in the constitution Documents and other items necessary - Prepare a thorough agenda for the General Assembly: - Prepare proposals for discussion and decision - The Constitution - Ensure that you have the relevant documentation - By-laws (as prescribed by your constitution for debates and decisions  QTVJQUGQH%50  - The minutes from the last general assembly Prepare important points by laying out your arguments - Ballots in case of a vote by secret ballot and anticipating those that might be raised. Ensure that - A list of attendees to be signed by members the members of the executive master the subjects and - An up-to-date list of members to verify status share the same analysis of the situation. - Membership cards for new members - Any documentation relevant to debate When preparing the general assembly, think about or-  CPFFGEKUKQP KPCSWCPVKV[UWȰEKGPVHQTCNN dering the items examined according to the dynamics attending members) to be expected during the assembly. Create a balanced - A short summary of assembly procedures agenda: an overloaded one will exhaust the members, (to be distributed to members) while one that is too light will make them feel like they came for nothing. If the general assembly is held at meal time, it is a good idea to provide members with food.

12 Of course, participation in general assemblies is a sign of a healthy union culture in your workplace. Participation on union committees is also an important bellwether of a strong union culture.

The chairperson ensures respect of democracy and the fair and equal treatment of all members.

Union Committees PROCEEDINGS Some committees deal with a large The assembly chair must make sure that the procedures and rules of order number of issues and cases: griev- are respected. This person also ensures that the atmosphere is amenable to ance committees, labour relations debate and grants the right to speak: respectful debate is essential to demo- committees, mobilization commit- cratic decision-making. tees (who submit plans for action), and information committees, for ex- 0GXGTVJGNGUUKVKUKORQTVCPVVJCVVJGEJCKTRGTUQPNKOKVFGDCVGVQVJGUWDLGEV ample. Other committees are con- WPFGTEQPUKFGTCVKQP5JGQTJGOWUVDGCDNGVQWUGVCEVCPFFKRNQOCE[VQ EGTPGFYKVJFKȭGTGPVURGEKȮEKUUWGU “bring back” those speakers who might have strayed from the subject during that help cultivate a union culture: their intervention. status of women, job insecurity, in- ternational action, environmental 6JGEJCKTRGTUQPGPUWTGUTGURGEVQHFGOQETCE[CPFVJGHCKTCPFGSWCNVTGCV- CȭCKTU JGCNVJ CPF UCHGV[ CPF UQEKCN ment of all members. This makes assemblies more appealing to members. It activities. The array of committees is is possible to limit the length of interventions; if this is the case, it should KPȯWGPEGFD[NQECNVTCFKVKQPEWTTGPV be announced at the beginning of the assembly. This rule is actually part of necessities, contract obligations and %50oUCode de procédure and it is important that it applies to each and every members’ interests. speaker. For more details on general assembly proceedings, you can review VJG%50oUVTCKPKPIDQQMNGVU $KGPXGPWG¼NoGZÅEWVKHFWU[PFKECV , or, even bet- Some committees are close to the ter, you can register for executive committee training at your EQPUGKNEGPVTCN executive and assist in its political leadership role; others are centered FOLLOWING-UP QPOQTGURGEKȮEKUUWGUCPFOGODGTUo interests. You must follow up on issues examined during the general assembly and respect the decisions of members, which means you must work from the pos- itions adopted at the assembly.

The minutes of the assembly are written up and sent to the members or distributed at the beginning of the next general assembly, according to your constitution.

BREATHING LIFE INTO THE UNION 13 Selected Committees Committees may be established in your union’s constitu- from FNEEQ Unions tion, collective agreement or mandated by an executive committee or general assembly decision. The link between Committees that assist in the executive’s political GCEJEQOOKVVGGCPFVJGGZGEWVKXGECPDGOQTGGȰEKGPVN[ leadership role: maintained if a member of the executive participates in - Grievance or Labour Relations Committee each committee. The Executive Committee also plays a - Information Committee role in coordinating the work of union committees, mak- - Mobilization Committee KPI UWTG VJCV VJG[ YQTM FKNKIGPVN[ VQ HWNȮNN VJGKT TGURGEV- - Auditing Committee ive mandates. This role also ensures that when an ad-hoc - Constitution Committee EQOOKVVGGKUETGCVGFKVYQTMUGȭGEVKXGN[VQTGUQNXGVJG problem for which it was created. %QOOKVVGGUEGPVGTGFQPOQTGURGEKȮEKUUWGU and members’ interests: Committees are both issue- and interest-driven; the num- - *GCNVJ5CHGV[CPF'PXKTQPOGPV%QOOKVVGG ber and level of activity of those committees is also a func-  5EJQQNCPF5QEKGV[QT2GFCIQI[%QOOKVVGGGVE tion of the number of union members.  9QTM.KHG$CNCPEG%QOOKVVGG QȎGPFGCNVYKVJ by the Women’s Committee) While committees are excellent democratic tools, another - International Action Committee element within the union can serve as a sounding board - Job Insecurity/Contigency Committee for your members concerns, increase union representa-  5QEKCN7PKQP.KHG%QOOKVVGG tion and validate decisions: the Union Council.

The Union Council: an Information and Mobilization Tool

While not every union has one, the Union Council is usually Retreats for the “extended” composed of members elected by their colleagues in each FGRCTVOGPVQTCVCIGPGTCNCUUGODN[6JG[CTGQȎGPECNNGF Executive Committee reinforce union delegates. The delegate’s role is a crucial one: they the meaning of collective convey their unit’s problems and issues both to colleagues _WZS[WTQLQÅM[\MIU[XQZQ\ from other units and also to the Executive Committee. Strategically positioned between the executive and the and facilitates communication membership, the delegate’s experience is extremely use- between team members. ful. They also report union activities back to their unit.

This intermediary can be a helpful tool for understanding the day-to-day reality of units and maintaining the rela- tionship between the union and its members. The Union Council can also play a strategic role and validate the mo- tions submitted to the general assembly.

The Union Council allows the executive to take the mem- bership’s pulse, to inform members and promote union activities; it also assumes a central role during intensive mobilization periods.

14 The Union Retreat Parties: an Indispensible Tool Finally, another valuable tool for making decisions and promoting unity is the union retreat. +P UQOG WPKQPUtFGRGPFKPI QP VJG NQECN EWNVWTGtVJG DWFIGV UGV One way of ensuring that all components of the union work well together, re- aside for social events is impres- inforcing cohesion in work and creating a true interest-driven community, is sive. These expenses are far from to hold a retreat for the “extended” Executive Committee from time to time. useless. Parties allow members to This meeting brings together the members of the Executive Committee, those come together and to meet you in working on various union committees, and representatives of the union to a more relaxed environment than other bodies (whether linked to the educational institution or to the union regular union assemblies. Parties, movement: i.e., central council, FNEEQ or CSN). Retreats are ideal for coordin- happy hours, sporting events, ral- CVKPIURGEKȮECEVKQPUQTECORCKIPUDWKNFKPIEQPUGPUWUQPVJGWPKQPoURQUKVKQPU lies… Let your imagination and your CPFRQNKEKGUCPFFKUEWUUKPIYQTMUKPRTQITGUUUWEEGUUGUCPFFKȰEWNVKGU+VCNUQ members’ interests serve as guides TGKPHQTEGUVJGOGCPKPIQHEQNNGEVKXGYQTMUQNKFKȮGUVGCOURKTKVCPFHCEKNKVCVGU to plan memorable, fun events. The communication between team members. ties established at these events will be an indispensible tool when it be- The fall semester is already well underway! It is already time to organize and comes time for mobilization. send out invitations for the holiday party. The Social and Mobilization Commit- tees can provide important support for the planning process.

Before leaving for the holiday break, the FNEEQ will invite you to the Federal Council (conseil federal) meeting, generally at the end of the fall. The Federal Council is the body that brings together delegations from each of the Federa- tion’s unions between congresses; one is held at both the end of the fall and the end of the spring terms. The Federal Council also contributes to the de- XGNQROGPVQHQȰEKCNRQUKVKQPUCPFIGPGTCNRQNKEKGUHQTVJG(GFGTCVKQPYKVJKP the framework of decisions made at the Congress.

The Various Bodies of the Confederation: Developing Solidarity

The FNEEQ’s regroupement meetings, the Federal Council meetings and the Congress all serve to bring members together to meet, share our concerns and decide which actions should be undertaken by the Federation—much like our local unions’ general assemblies. The Federation also makes it possible for us to associate with other national and international organizations that campaign for better working conditions for teachers within the broader context of global struggles in the education sector. Closer to home, your region’s central council (conseil central) supports local struggles and your union’s mobilization activities.

The Confederation builds solidarity between all CSN unions and with workers from other organisations, playing an important part in the evolution of social movements.

BREATHING LIFE INTO THE UNION 15 2. Day-to-Day Responsibilities

16 WƌŽǀŝĚŝŶŐ ůĞĂĚĞƌƐŚŝƉ ĂŶĚ ƉůĂŶŶŝŶŐ ŵĞĞƟŶŐƐ ĂƌĞ ŶŽƚ ƚŚĞ ŽŶůLJ ƌĞƐƉŽŶƐŝďŝůŝƟĞƐ ŽĨ ƚŚĞ džĞĐƵƟǀĞ ŽŵŵŝƩĞĞ͘ /ƚ ĂůƐŽ ĚĞĨĞŶĚƐ ƵŶŝŽŶ ŵĞŵďĞƌƐ ĂŶĚ ďƵŝůĚƐ ƐŽůŝĚĂƌŝƚLJ͖ ůĞƚ͛Ɛ ĞdžƉůŽƌĞ ƐŽŵĞ ŽĨ ƚŚŽƐĞƌĞƐƉŽŶƐŝďŝůŝƟĞƐ͘

Januarye #ȎGT CP KPVGPUG RGTKQF QH ITCFKPI EQWTUG RTGRCTCVKQP CPFtRGTJCRUtC HGY FC[U Qȭ KV KU DCEM VQ work and the life of the union goes on. We have already described many of the events that mark the rhythm of life in the union. It is important, however, to consider the day- to-day work performed by an executive committee.

Union members must know the members of their Execu- tive Committee. They must be out on the ground, listen- KPIVQOGODGTUCPFCVVGPFKPIVQVJGTGCNKVKGUQHFKȭGTGPV departments and units. Meeting members in the cafeteria, in hallways, or in the library and speaking with them is an important part of the Executive Committee’s work. The members must feel free to come and meet their represent- atives to discuss a problem or important issue, or even just to ask for information.

Union members must be out on the ground, listening to members and attending to the realities of different departments and units.

The Union Office: a Space for Work and for Socializing

6JG WPKQP JGCFSWCTVGTU KU EGPVTCN VQ [QWT FC[VQFC[ work. You can help build a stronger union culture by mak- ing sure that members feel free to pass by to have a cof- fee, read the papers or simply chat with other members or executives. This will develop your relationship with [QWTOGODGTUCPFYKNNCNNQY[QWVQEQNNGEVȮTUVJCPFKP- formation about the daily realities of union members.

DAY-TO-DAY RESPONSIBILITIES 17

Defence of Individual Members

'XGT[OGODGTQHVJGWPKQPUJQWNFMPQYYJGTGVQȮPFVJG The union must defend both the individual and collective union headquarters. All documentation pertaining to your interests of its members. By law, the union has a monop- YQTMUJQWNFDGVJGTGEWTTGPVECUGȮNGUQHEQWTUGDWVCNUQ oly on representing the employees in its bargaining unit. an archive of document detailing the past work of commit- The union is the only organisation that can defend collect- tees and the union in general—this serves as the memory ive and individual grievances alleging a violation of the of your union. collective agreement; in that sense, it is the guardian of the contract negotiated with the employer. As a counter- You must know how to preserve information. Become fam- weight against this monopoly, the Code du travail indi- iliar with the data archiving methods practiced in your cates (article 47.2) that an accredited association must not union. Archiving is sometimes a legal obligation; in other act in bad faith, in an arbitrary or discriminatory manner, cases, it is a useful tool to preserve the union’s history and disregard or neglect a worker (member or not) included evolution of its policies. It is also a process that helps en- in its bargaining unit. This is your duty to fairly represent. sure that procedures and mandates are properly followed. This duty, however, does not mean that all individual griev- +H IWKFGNKPGU HQT CTEJKXKPI CTG WPFGȮPGF FKUEWUU VJGO ances must be defended: the union has some leeway in de- during a meeting of the executive to decide what to keep, ciding whether to pursue a grievance. how to keep it, the frequency of backups, etc. Consider, for GZCORNGYJCVYQWNFJCRRGPKPECUGQHCȮTGe +HCYQTMGTHGGNUVJCVVJG[JCXGDGGPCFXGTUGN[CȭGEVGF by a decision of the union not to pursue a grievance, they If your union does not have its own headquarters, it could can seek recourse at the Labour commission. If the Com- become a union demand during bargaining. Without a OKUUKQPȮPFUVJCVVJGWPKQPJCUPQVRGTHQTOGFKVUFWV[VQ headquarters, ground work becomes even more import- fairly represent an employee, it can order that the griev- ant: you must attempt to make the Executive Committee CPEGDGRWTUWGFD[CPCVVQTPG[EJQUGPD[VJGRNCKPVKȭt visible in those places that are frequented by members so but paid by the union. VJG[MPQYYJGTGCPFYJGPVQȮPF[QW To properly perform your duty to represent, it is important that you treat individual problems with seriousness and that you investigate carefully before deciding whether to pursue a grievance.

18 The union must defend both the individual and collective interests of its members.

The Labour Relations Committee Properly Maintaining This joint committee is where negotiation between the a Case File union and the employer happens at the local level. The You must diligently respect the collective agreement committee’s meetings allow you to tackle current issues in and judge the most appropriate means to defend a mem- your workplace that are related to the application of your ber who calls upon you. collective agreement. It provides an opportunity to deal with current disputes with the employer, to receive docu- Carefully note and verify all of the reported facts to ments from the employer, to resolve various grievances GPUWTG VJG TGSWGUVEQORNCKPVoU XCNKFKV[ +H VJG ENCKOU and local issues—anything related to the application of are well founded and there is actually a violation of the your collective agreement! member’s rights or an instance of non-respect of the col- lective agreement, it is important that you put together Beyond defending individual members, a union’s Execu- C EQORNGVG ȮNG Rigorously investigate the concerned tive Committee must also promote collective interests unit or department. Interview the individuals involved within the larger context of social justice and the demo- and record their statements. Gather all documents per- cratic evolution of society. The progressive unionism VKPGPV VQ VJG ECUG UQ [QW ECP EQORKNG C ȮNG VJCV KU CU practiced by the FNEEQ seeks a more just and equitable complete as possible. Do not hesitate to consult with the society for everyone. Federation’s union advisor to obtain experienced input. 6CMKPIVJGUGUVGRUYKNNNGCXG[QWYGNNRTGRCTGFVQHWNȮNN your duty to represent.

Also, please note that training sessions for grievance of- ȮEGTUCTGQȭGTGFD[VJG(0''3

DAY-TO-DAY RESPONSIBILITIES 19

Developing Solidarity

As we have already seen, a union is an association of work- In the Workplace: ers created to promote their rights and improve their Working with Other Organizations working conditions. But unions also promote collective UQNWVKQPUHQTUQEKCNRTQDNGOUCPFȮIJVHQTUQEKCNRTQITGUU Many groups exist in your workplace: the unions of other From this perspective, the development of solidarity is es- professions and student associations, for example. It is of sential—in several ways. paramount importance that you create links with these groups. The important issues facing your institution con- The union has a political role. For better or worse, it must cern them as well. Even though it can be time-consuming, defend its members in a political environment, making it developing common positions and actions regarding necessary to participate in politics. The Conseil du patronat the employer in concert with those associations will make has no qualms about acting in the political arena! Unions HQTUVTQPIGTFGOCPFUCPFGZGTVRTGUUWTGOQTGGȭGEVKXGN[ choose to occupy the ideological terrain by making alli- If a disagreement should arise between your union and ances with community groups, presenting a WPKȮGFHTQPV another group, it will be easier to resolve if a relationship against political decisions that they judge inequitable. The CNTGCF[GZKUVU&QPQVYCKVHQTCEQPȯKEVVQHQTIGCNNKCPEGU aim is to establish a balance of power in favour of a soci- In some institutions, these links are formalized with regu- ety where the rights of all workers are placed above the lar meetings of coalitions or networks. ȮPCPEKCNUGEVQToURTQȮVKORGTCVKXGU

,WVW\_IQ\NWZIKWVÆQK\ to forge alliances!

20 In the Community: Broader Social Issues On the International Scene Know and Be Known When the FNEEQ was founded on Since the dominant economic and Seek to support community organ- September 21, 1969, CSN president ȮPCPEKCN RQYGTU QH QWT VKOG CTG izations in your area. Not only is it Marcel Pepin reminded us—using transnational—and because neolib- interesting to participate in local words that still resonate today—that, eral globalisation continues to under- groups (for example, organizing a p+PGXGT[TGICTFCUVGCEJGTU[QWƒPF mine the foundations of a solidarity regional forum on a social issue) but yourself immersed in a complex so- carefully built during the last cen- in supporting demands and causes ciety, rapidly evolving and pulled in tury—unions must also ally with play- that go beyond the your workplace, OCP[ FKƑGTGPV FKTGEVKQPU ;QWT RQU- ers on the international scene. We ac- you will notice the similarity of other ition can make you bear the cost of this complish this by committing to causes groups’ struggles and build solidarity. quick and contentious evolution, but it that extend beyond our borders and can also make you play an extremely by getting involved in union organ- A good way to get to know the unions important role in it. You need a strong, izations active at the North American and organisations in your region is to well-structured, militant union, not and international levels (for example, attend your central council’s monthly only to assert and defend your rights Education International, the World meetings; each union is allotted a as workers in a situation that is—as Social Forum, the Coalition of Con- URGEKȮE PWODGT QH FGNGICVGU 6JGUG QŽGPCUPQVtUJKŽKPICPFVWOWNVWQWU tingent Academic Labor (COCAL), the meetings are an ideal place to get a but also to bring your professional in- Coalition trinationale pour la défense sense of the issues particular to your ƓWGPEGVQDGCTKPEWNVWTCNRGFCIQIKE- de l’école publique, etc.). The FNEEQ is area and the activities of other unions; al, social and political debates.” Since associated with all of these networks They are also an ideal place to form then, the FNEEQ has continued to and has an action committee that can alliances. To that end, you can use pursue that goal and remains very at- help your union stay informed about your budget for solidarity donations tached to the kind of social and polit- international initiatives. You can also to support—in a tangible way—the ical engagement it implies. participate in some of these organi- organizations and unions in your local sations’ activities. Interested unions community. can also establish an international action committee at the local level.

DAY-TO-DAY RESPONSIBILITIES 21 3. Towards the End of Your Mandate

22 The end of your mandate approaches. Perhaps you will seek its renewal— or perhaps you will begin the search for new recruits for the next Executive Committee.

New Executive Committee members are not created out of thin air. Identify members with activist instincts and union spirit who participate in union activ- ities (general assemblies, mobilization events, etc.) to ensure continuity. Union committee members form a natural recruitment base since they are already familiar with some of the tasks. Do not, however, limit your search. During gen- eral assemblies and other activities, be on the lookout for potential candidates. The description of tasks for the vacant position will also help orient your search. -GGRKPOKPFVJCVVJG'ZGEWVKXG%QOOKVVGGoUEQORQUKVKQPUJQWNFTGȯGEVVJG membership in terms of age, gender, and ethnicity. It is also important to ensure that the Executive Committee is representative of diverse work backgrounds FKȭGTGPVENCUUGUHQTVJGRTKXCVGUGEVQTIGPGTCNVGEJPKECNCPFRTGWPKXGTUKV[HQT %')'2FKȭGTGPVWPKVUFGRCTVOGPVUHQTWPKXGTUKV[ 

When you approach a member to encourage them to run for a position on the 'ZGEWVKXG%QOOKVVGGKVKUGUUGPVKCNVJCV[QWENGCTN[FGȮPGVJGVCUMUQHVJGRQU- ition and those related to union work in general; the candidate needs to have a clear idea of what the position entails. Do not under-represent a position’s work- load for the candidate: being realistic prevents disappointment later. On the one hand, some parts of union work can be intimidating and just need to be demysti- ȮGFQPVJGQVJGTJCPFWPKQPYQTMKUOQTGVJCPLWUVCVVGPFKPIOGGVKPIU

When approaching a potential candidate, you must make it clear that you are not promising that they will be elected. Elections are democratic and held in a general assembly. Soliciting applications is not undemocratic; you are only presenting the idea to possibly interested parties and ensuring that at least one person will apply for each one of the Executive Committee’s vacancies.

TOWARDS THE END OF YOUR MANDATE 23 Members’ Expectations How does the Code du travail du Québec define a union? 'ZGEWVKXG %QOOKVVGG OGODGTU IGPGTCNN[ JCXG FKȭGTGPV skills and interests. Some are good negotiators, other are Article 1 of the Code du travail du Québec stipulates that interested by international issues, others still have a knack an “association of salaried employees” is a “group of em- for numbers, etc. However, all members of an Executive ployees constituted into a professional syndicate, union, Committee should share certain abilities that make a good fraternity or other, and having as goals the study, the union representative. First among them is reliability: it is safeguarding and the development of the economic, so- hard to trust someone who does not accomplish their tasks, cial and educational interests of its members and par- who hide information or who systematically misses their ticularly the negotiation and application of collective appointments. Credibility is another: it must be apparent agreements. (Code du travail du Québec, EJCR|CTV| that the person knows what they are talking about and re- searches an issue before taking a position. Of course, mem- bers expect their representatives to demonstrate integrity, It is essential that the candidates you approach for exec- honesty and fairness. Union work requires unpaid activ- utive positions and anyone else who seems interested ism, for which the representative must be available (see the know that these characteristics are essential in a good “Team Work” section). Union activism must not, however, representative. Although team work can be demanding, be detrimental to your personal and family life, or to your it allows you to share tasks and responsibilities and pro- health. As Michel Chartrand once said: “A sick worker is not vides support when making decisions that will have conse- an asset to society”. Lastly, an elected representative must quences for a whole group of workers. be able to rally members and listen to their concerns. End of the Mandate: Work Assessment and Budget Of course, executive committee members must have con- viction in the belief that the union is a means to advance At the end of a mandate, it is necessary to assess the work workers’ rights and improve their working conditions. accomplished by the team. Reviewing the action plan is a They must believe in collective solutions over individual good way to see which goals were accomplished and the solutions and militate for social justice. A union should degree of success of the plan itself. The success or failure not be a corporation concerned only with the well-being of the action plan, based on your political project, is not in of its members. It is an active, assertive organisation that and of itself proof of the Executive Committee members’ ȮIJVUHQTCLWUVFGOQETCVKECPFHCKTUQEKGV[6JGCode du good will or hard work. Several factors may have been travail du Québec’sFGȮPKVKQPQHCWPKQPRTGUGPVUVJGTCPIG obstacles. Union leaders are not bound by an obligation of interests that it must defend. to achieve results, but by one of due diligence. It is their diligence that members will evaluate if they ask for a re- newal of their mandate.

Union activism must not A clear, precise assessment indicating the relationship be detrimental to your between the objectives of the action plan and the accom- plishments achieved will help adjust expectations for the personal and family life, future and demonstrate transparency in the general as- or to your health. UGODN[+VYKNNDGCȎGTCNNVJGOGODGTUYJQYKNNFGEKFG whether or not to entrust the elected Executive Commit- tee members with another mandate.

24 That assessment will serve as the point of embarkation for For elections, as for all general assembly procedures, keep the newly elected Executive Committee. the Code de procédures CSN and your constitution on hand and ensure that the assembly chair is familiar with The general assembly where the work assessment is pre- these documents and keeps a copy of them within reach. UGPVGF KU QȎGP VJG UCOG QPG KP YJKEJ ȮPCPEKCN UVCVG- ments and the proposal for the following year’s budget are The Confederation’s End-of-Year Meetings considered. At the end of the spring, another Federal Council is held. It is important to establish a budget that will allow you to Every three years at this time, the Federal Congress—the CEJKGXGVJG[GCToUQDLGEVKXGUCPFHWNȮNN[QWTFWV[VQTGR- highest authority of the Federation—reunites all FNEEQ TGUGPVKVKUCNUQKORQTVCPVVQHWNȮNN[QWTQDNKICVKQPUCPF unions in one large convention. It determines positions ȮPCPEG [QWT RTQLGEVU FWGU VQ CȰNKCVGF QTICPK\CVKQPU and general guidelines for the Federation’s policies. The union leaves, solidarity donations, the strike fund, meet- members of the Federation’s Executive Committee, the ing expenses, parties, etc. (GFGTCN 1ȰEG CPF VJG HGFGTCN EQOOKVVGGU CTG GNGEVGF during the Congress. The Congress’s powers are the most The budget supports the development of your polit- extensive of all bodies: it can make any decision and issue ical project: you must give the executive committee the any directive that concerns the federation. means to realise its various mandates. Apart from the dues to be paid to the FNEEQ, to CSN and to the central council, Every year, one of the three elements of the Confederation remember that every union sets its own dues: this is voted holds its Congress. For example, if the federations hold on during the general assembly. The rate is set according their respective congresses this year, the various central to the union’s own needs. councils would hold their congresses next year. The follow- ing year would be the largest of all: the CSN Congress. Your Elections union has the right to be represented at each congress by a certain number of delegates, allowing you to participate in Eventually the time comes for an election. Elections are an decisions concerning the positions taken and the budget opportunity not only to choose new executive committee adopted for each body in the Confederation. members, of course, but also to elect all of the union’s com- mittee members and delegates who represent your union to various organisations. It is important to elect these people in a general assembly, in the manner prescribed by VJGWPKQPoUEQPUVKVWVKQP#NNVJGGNGEVGFQȰEGTUTGRTGUGPV the general assembly; the decisions and positions taken by the assembly must guide their representatives’ work.

Members who volunteer for the various committees sup- RQTVVJGGZGEWVKXGtUQCTGVJQUGYJQQȭGTVQDGFGNGICVGU to the various bodies where you are represented, such as the central council. These activists can help you accom- plish your tasks: do not hesitate to ask them for help.

TOWARDS THE END OF YOUR MANDATE 25 4. Negotiating the Collective Agreement

26 The renewal of a collective agreement is a major event in the life of a union: this is the moment when we strive to Public Sector Negotiations improve the members’ working conditions in a sustainable The contract for CEGEP teachers is negotiated with the way and resolve any issues that emerged out of the old %QOKVÅ RCVTQPCN FG PÅIQEKCVKQP FGU EQNNÄIGU This com- collective agreement. mittee includes representatives from the Fédération des CEGEPs and the /KPKUVÄTGFGNo¥FWECVKQPFW.QKUKTGVFW At the FNEEQ, several types of negotiation co-exist. In 5RQTV /'.5  The monetary clauses must be approved by universities and private establishments, the union and the %QPUGKNFWVTÅUQT the employer negotiate directly with one another. To OCMGVJGKTRTGUUWTGOQTGGȭGEVKXGEQWTUGNGEVWTGTUoWPKQPU 3WGDGERWDNKEUGEVQTGORNQ[GGUCNNPGIQVKCVGVQTGPGY co-ordinate by establishing common demands, framing the their collective agreements at the same time. Four large debate with a common narrative and in planning mutual federations bring together public sector unions at the support activities. The unions of private establishments %506QIGVJGTVJG[TGRTGUGPVOQTGVJCPYQTM- also prepare common demands. Quebec’s CEGEPs, how- GTUVJG(0''3VJGFédération des employées et employés ever, negotiate together at a common table. de services publics (''52 VJGFédération de la santé et des services sociaux (555 CPFVJGFédération des profes- +PURKVGQHVJGKORQTVCPVFKȭGTGPEGUDGVYGGPRWDNKEUGE- sionnèles (FP). Other government employees, belonging tor negotiations and those that take place directly with to other unions, also negotiate at the same time. the employer, most of the considerations surrounding the negotiation process are the same. Regardless of the type +PQTFGTVQEQQTFKPCVGVJGPGIQVKCVKQPUQH%50CȰNKCVGF of negotiation, remember that gains for a single union public sector unions, the four federations meet together translate into gains for all of our unions. in the Comité de coordination des secteurs public et para- public %%522 6QEQQTFKPCVGVJGFGOCPFUQHVJGEGPVTCN

table (salary, parental rights and retirement) and decide YJKEJCEVKQPUVQVCMGtPQVVQOGPVKQPVQKPETGCUGVJGKT DCTICKPKPI RQYGTtWPKQP QTICPKUCVKQPU WPKVG VQIGVJGT and present a common front. The 2010 negotiations saw VJGTKUGQHQPGQHVJGNCTIGUVEQOOQPHTQPVUKP3WÅDGE

NEGOTIATING THEANIMER COLLECTIVE LA VIEMISE AGREEMENT SYNDICALE EN PLACE 27

Preparing for Negotiations

Preparing for bargaining is just as important as the nego- Before establishing bargaining demands, the union must tiation process itself. The preparations include forming a properly analyse the particular circumstances in which bargaining committee, putting together bargaining de- the renewal of the collective agreement will take place. mands and preparing mobilization. In each sector, unions analyze their main issues and prob- lems. The state of labour relations can also provide insight First, a union must carefully recruit members of its bar- QP JQY VJG DCTICKPKPI YKNN WPHQNF 'ZCOKPKPI VJG ȮPCP- gaining or pre-bargaining (if applicable) committee. cial situation of the institution, particularly for universities +FGCNN[VJGEQOOKVVGGUJQWNFTGȯGEVVJGOGODGTUoFKXGTU- and private colleges, adds to the analysis and helps reduce ity and be composed of individuals who know the collect- unpleasant surprises. You may, to this end, consider using ive agreement inside and out. A bargaining committee is CSN’s resources, such as MCE, for expertise. Public sector UVTQPICPFGȰEKGPVYJGPKVUOGODGTUJCXGEQORNGOGPV- negotiations also require an analysis of the social, eco- ary strengths and skills. You can approach members to nomic and political context. Negotiating with an employer form the bargaining committee: describe the various tasks YKVJVJGRQYGTVQNGIKUNCVGOCMGUHQTCXGT[FKȭGTGPVGZ- to them, gauge their interest level, etc. Still, the general ercise, since the employer can end bargaining by decree. assembly will ultimately decide who will sit on the com- mittee according to the requirements of your constitution. Remember that when a group of workers unionizes, it is in order to replace an individual contract with a collective All members of the Bargaining Committee must be good agreement that applies to everyone. The bargaining pro- team workers, within the Bargaining Committee and also LGEVOWUVUGGMVQHWNȮNNVJGPGGFUQHCNNOGODGTU-PQY- with the rest of the union team (Mobilization Committee, ing them and their worries and concerns is indispensible Executive Committee, etc.). From the start, it is import- when preparing a bargaining project. CPV VQ FGȮPG GCEJ OGODGToU VCUMU &WTKPI DCTICKPKPI respecting this division of work will help avoid unneces- sary tension. To better grasp their roles during bargaining, union teams can attend training sessions organised by the FNEEQ or Central Council.

28 Knowing them and their worries and concerns is indispensible when preparing a bargaining project.

Properly organizing the bargaining project is an ardu- Understanding ous task, but it is essential to a successful negotiation. The Members’ Problems bargaining committee must avoid presenting a project re- sembling a laundry list—or a wish list!—or any other list of Visiting departments, convening union councils (if ap- unrelated and badly organized demands. From the begin- plicable) and general assemblies are privileged moments ning, you must make choices, mediate and keep realistic ex- to listen to members. The collective agreement clauses pectations. Objectives must be legitimate and attainable; that give rise to the most grievances and frustration can otherwise you risk disappointment when bargaining ends. also signal a problem that needs to be examined. #UUGODNKPIECUGȮNGUEQPUVTWEVKPICTIWOGPVUCPFOCMKPI A member survey can also provide information about strategies clear are also important ingredients in a suc- their expectations regarding bargaining. It can take the cessful negotiation. The FNEEQ union advisor’s expertise shape of a poll or discussion groups, especially if the can play an important role in the bargaining process. In union represents a lot of members. the private and university groups, the Executive Commit- tee collaborates with the union advisor to specify the ad- It is essential that members see themselves and their visor’s exact role. In many unions, the advisor can act as a own concerns mirrored in the bargaining project. This spokesperson at the bargaining table. way, they will be ready to mobilise if and when they have to defend it.

NEGOTIATING THE COLLECTIVE AGREEMENT 29 Bargaining for the CEGEPs: Bringing Everyone to the Table

For collective bargaining, the CEGEP sector elects members to be part of the Bargaining and Mobilization Committee; the Coordinating Delegate is also COGODGT#PQVJGTEQOOKVVGGVJG5VTCVGI[%QOOKVVGGKUEQORTKUGFQHVJG $CTICKPKPICPF/QDKNK\CVKQP%QOOKVVGGVJGUGEVQToURQNKVKECNQȰEGTCPFCP- other member of the federation’s Executive Committee, usually the president. 6JG URQMGURGTUQP VQ VJG UGEVQToU DCTICKPKPI VCDNG %%522 KPHQTOCVKQP CPF mobilization employees and representatives of the collective agreement committees also sit on the committee.

6Q RTGRCTG C DCTICKPKPI RTQLGEVtDQVJ HQT VJG UGEVQTKCN CPF VJG EGPVTCN VCDNGUtVJGOGODGTUQHVJG5VTCVGI[%QOOKVVGGXKUKVGCEJCȰNKCVGFWPKQPVQ get input from members.

#ȎGTVJKUTQWPFVJG$CTICKPKPICPF/QDKNK\CVKQP%QOOKVVGGRTGRCTGUCDCT- gaining demands project to be submitted to the CEGEP regroupement. Then, GCEJFGNGICVKQPEQPUWNVUKVUIGPGTCNCUUGODN[QPVJKURTQLGEV6JGȮPCNFQEW- OGPVKUCFQRVGFCȎGTVJKUEQPUWNVCVKQPD[VJGregroupement.

Central table demands (salary, retirement and parental rights) must be har- OQPKUGFYKVJVJQUGQHVJGHQWTQVJGTHGFGTCVKQPUQHFG%%522CPFVJGPYKVJ the other members of the common front, if applicable.

The members should be involved from the start in bargaining preparations; do- ing so will personalize what is at stake, familiarize them with the issues and mobilize them behind their bargaining committee. According to your context CPF EWNVWTG FKȭGTGPV RTQEGFWTGU ECP DG WUGF VQ adopt the bargaining de- mands, but the general assembly is common to all of them as it allows members to amend and approve demands.

It is also useful to put together a mobilization committee early in the process and to seek the assistance of one of the central council’s mobilization advisors. The Info-Mob Committee and the Bargaining Committee establish the mobil- ization plan together – mobilization supports bargaining. You must not wait for an impending strike vote to begin mobilizing!

30 At the bargaining table, respect each other’s roles and adopt a disciplined attitude to keep tension at bay.

The Bargaining Process and Team Work

As bargaining begins, the Bargaining Committee presents Information and Mobilization the union’s project and the employer makes their own in Public Sector Bargaining demands. Questions arise from each side to clarify the other side’s position. Bargaining usually begins slowly and Information and mobilization for CEGEP teachers re- VJGP ȮPFU C TJ[VJO (TQO VJG QWVUGV VJG WPKQP CFQRVU SWKTGU CP KORQTVCPV EQQTFKPCVKQP GȭQTV CU DCTICKPKPI CUVTCVGIKEHTCOGYQTMVJCVCKOUVQKPȯWGPEGVJGTJ[VJO EQPEGTPUKUUWGUTGNCVGFVQFKȭGTGPVDCTICKPKPIVCDNGU of negotiations.

1PVJGQPGJCPFEGPVTCNVCDNGDCTICKPKPITGSWKTGUEQ- At the bargaining table, respect each other’s roles and ordinating mobilization for all organisations of the com- adopt a disciplined attitude to keep tension at bay. The abil- mon front (when it exists); on the other, mobilization ity to listen, take notes, observe the other party’s reactions, CEVKQPU KP GCEJ UGEVQT CNUQ TGSWKTG UQOG FGITGG QH EQ- and keep a “poker face” are all critical assets. Preparing for ordination with the common front. In all cases though, each meeting is essential: avoid answering questions on the bargaining and mobilization committee must be the spot or making comments that have not been thought- aware of the state of mobilization of all of the forty-six HWNN[ EQPUKFGTGF ȮTUV 9KVJ VJGKT GZRGTKGPEG VJG (GFGTC- unions in the CEGEP regroupement. tion’s union advisor can be of great help in this regard.

Locally, the mobilization and information committee The employer must sense that members are rallied behind plays an increasingly important role. It must give ac- their bargaining committee. It is crucial that the union in- curate information to the representatives of the CEGEP form members on the development of negotiations: mo- regroupement on the state of mobilization and on mobil- bilization happens through information. Some unions izing actions. It must organize these actions and promote use email, others use “Info-Négo” types of bulletins (small member participation. newsletters detailing developments at the bargaining VCDNG YJKNGQVJGTUWUGRCORJNGVUQTȯ[GTU;QWTCEVKQP Plans for mobilization actions are regularly brought to plan could include a visibility campaign or other public ac- VJGIGPGTCNCUUGODN[HQTEQPUWNVCVKQP/QTGUKIPKȮECPV tions directed at the same goal. CEVKQPUtUWEJCUFGENCTKPICUVTKMGtCTGD[PGEGUUKV[CN- ways brought back to the members for a decision.

NEGOTIATING THE COLLECTIVE AGREEMENT 31 Organizing your actions according to evolution of discussions at the bargaining table gives them an even greater impact.

Try to develop solidarity with other unions at your insti- Make an Action Plan tution and, in universities and CEGEPs, with the student to Support Negotiations unions. Talk about issues and get support from the com- munity and from students’ parents (in elementary and sec- Organizing a visibility campaign helps inform members ondary schools). As much as possible, keep them informed about the main issues at stake at the bargaining table. of the state of negotiations. This will strengthen the bonds 6JGUG ECORCKIPU VCMG FKȭGTGPV UJCRGU RQUVGTU RKPU of trust and ensure that you have their support. buttons, scarves, promotional articles distributed in the community, to parents, etc. During bargaining, it is important to always monitor the balance of power—that is, the strengths and weaknesses ;QWTOQDKNK\CVKQPEQOOKVVGGECPQTICPKUGUOCNNSWKEM of both the employer and union sides (you should, for ex- actions (visit university council or Board of Govern- ample, measuring the success of any actions taken). This ors meetings, maintain a presence during open house analysis will determine whether striking, which is the pres- events, set up symbolic pickets, etc.). More and more sure tactic of last-resort, is feasible. Do not forget that a actions translate into more and more members who join strike vote is itself a pressure tactic and that it is not al- the core of veteran activists. The members who attend ways necessary to declare a strike. Sometimes, this signal union council (where applicable) and general assemblies CNQPG KU UWȰEKGPV VQ OCMG CP GORNQ[GT DWFIG +P QVJGT DGEQOG UKIPKȮECPV EQPVTKDWVQTU CPF CEV CU C OWNVKRN[- situations, however, a strike becomes the only solution. In ing factor: they can persuade their colleagues to join in this case, you must be ready to go through with it, both the mobilization. Organizing your actions according to logistically and in terms of mobilization. evolution of discussions at the bargaining table gives them an even greater impact. This step can be a test of your team’s cohesion. Members of the mobilization, information and bargaining committees Remember that you are not alone: call upon your cen- must work together, share their respective analyses and tral council for help! Ask the central council to appoint a seek a consensus on strategy. Remember that tension can mobilization advisor to your union as soon as you begin always arise within the union team: the important thing is preparing for bargaining. that you keep talking and keep the lines of communication open to maintain cohesion.

If a strike is declared, both FNEEQ and CSN bring you in- valuable support. The Federation will ensure the support of other teaching unions. The central council will provide you

32 YKVJOCVGTKCNCPFJWOCPTGUQWTEGUHQTOQDKNK\CVKQP+HVJGEQPȯKEVEQPVKPWGUHQT two weeks, CSN’s Professional Defence Fund (Fonds de défense professionnelle) YKNNIWCTCPVGGUVTKMGRC[VQUVTKMKPIOGODGTUCPFȮPCPEKCNUWRRQTVHQTVJGWPKQP ;QWTQYPUVTKMGHWPFUJQWNFDGWUGFHTQOVJGȮTUVFC[QHVJGUVTKMG

#ȎGTCUVTKMGXQVGOGODGTUUJQWNFTCNN[DGJKPFCOCLQTKV[FGEKUKQPQHVJGIGP- eral assembly. In the CEGEP sector, if a strike mandate is adopted at the level of the federation, a rallying mechanism is triggered. Any union without a strike mandate decides how to rally their members, but the principle of rallying to ac- tion has deep roots at the FNEEQ.

Agreement in Principle and Adoption

As negotiations advance and the end is within sight, the rhythm of bargaining CEEGNGTCVGU+VKUKORQTVCPVVQRTGRCTGCPFVQȮPFCUGVVNGOGPVVJGVGCOOWUV make its priorities clear in order to do so. In some cases, the employer will only make concessions for the majority group in your union, thus prejudicing the in- terests of minority or vulnerable groups (for example, creating an employment UVCVWUFKȭGTGPVHTQOVJGOCLQTKV[HQTPGYOGODGTUQTVJQUGKPRTGECTKQWULQDU etc.). Watch out for this strategy!

When settling, you must still aim to maintain the union’s cohesion. This is es- sential for the next steps. It is impossible to completely satisfy all members. Yet KHUQOGITQWRUHGGNGZENWFGFQTKHVQQOCP[OGODGTUCTGFKUUCVKUȮGFVJG[YKNN lose interest in the union, weaken its mobilization capacity and, ultimately, its power to negotiate. Carefully explain the settlement and make your own con- cessions and gains clear so that members can rally behind the settlement.

As soon as an agreement in principle is reached, a general assembly must be held. Ensure that the decisions that are made respect the democratic process. It is the duty of the Executive Committee to rally as many members as possible. For CEGEPs, the regroupement issues recommendations on the adoption of the agreement in principle to general assemblies.

In each bargaining cycle, there are good and bad moves: it is important to con- duct a post-mortem assessment of negotiations. These help to properly pre- pare for the future bargaining and correct any shortcomings from the current round of negotiations.

NEGOTIATING THE COLLECTIVE AGREEMENT 33

Gains & Struggles

Beyond the advances and protections that we have ob- tained in our collective agreements, the union movement JCU OCFG RQUUKDNG OCP[ DTQCFGTUQEKCN DGPGȮVU UQOG QH VJGO CRRN[ VQ CNN YQTMGTU KP 3WÅDGE 6JKU RTQITGUU z hard-fought, wrested from employers in what were UQOGVKOGU DKVVGT WPKQP UVTWIINGU 5QOG QH VJGUG ICKPU are regularly threatened by employers, and even by the government. It is important to identify these advances and understand how they came to be so that we can not only defend them but also improve upon them. De- spite their French name, our “acquis sociaux” are never VQVCNN[CESWKTGF9GOWUVDGXKIKNCPVCPFMPQYJQYVQ protect them.

The Right to Unionize and Access to the Right to Strike

6QFC[ KP 3WÅDGE CNN GORNQ[GGU GZEGRV HQT OCPCIGTU  have access to unionization and, in most cases, the right to strike.

These rights were granted only in 1964 when the Code du travail was adopted under Jean Lesage. Before then, pVJG3WGGPFKFPQVPGIQVKCVGYKVJJGTUWDLGEVUqOGCP- KPIVJCVOQUVEKXKNUGTXCPVUEQWNFPQVWPKQPKUG1PN[CȎGT PWOGTQWUCPFFKȰEWNVUVTKMGUWPFGTVJG&WRNGUUKUTGIKOG did Jean Lesage’s Liberals open the doors to unionization.

Even though the public sector is 80% unionized today, its right to bargain is regularly challenged by decrees imposing non-negotiated collective agreements. In the same way, a sometimes exaggerated reliance on the .QK sur les services essentiels JCUVJGGȭGEVQHEQPUKFGTCDN[ NKOKVKPItCPFGXGPTGXQMKPItVJGTKIJVVQUVTKMGHQTUQOG sectors, notably in health and social services.

GAINS & STRUGGLES 35 The Rand Formula Anti-Strikebreaker Law

6JGRTQXKUKQPMPQYPKP0QTVJ#OGTKECCUVJGp4CPFHQT- 3WÅDGEKUQPGQHVJGHGYRTQXKPEGUVQDGPGȮVHTQOCNCY OWNCqTGSWKTGUGORNQ[GTUVQFKTGEVN[FGFWEVWPKQPFWGU that prevents employers to hire strikebreakers (employees, from the salaries of unionized employees and remit them other than managers, hired to replace striking workers). to the union. The principle behind the formula is that CP[YQTMGTYJQDGPGȮVUHTQOVJGWPKQPoURTQVGEVKQPCPF Adopted in 1977, the law was adopted as a result of ex- HTQO DGPGȮVU QH VJG EQNNGEVKXG CITGGOGPV OWUV ȮPCP- VTGOGN[FKȰEWNVNCDQWTFKURWVGUYJGTGRKEMGVNKPGUYGTG cially contribute to them. In some unions, it is possible battlegrounds between strikers and “scabs”. The United to decide not to be a member and thus renounce one’s #KTETCȎ VQFC[2TCVV9JKVPG[ UVTKMGKP.QPIWGWKNYCU right to speak and vote in the general assembly, but even without a doubt the most important catalyst. in these cases the worker must still pay dues, as they are represented and protected by the union. This law is also regularly denounced by the right. We are CNUQUGGKPIOQTGCPFOQTGGORNQ[GTUPQVCDN[3WGDGEQT 6JKU VQQNtKORQTVCPV HQT DQVJ ȮPCPEKCN UGEWTKV[ CPF use various strategies to get around the law, whether by DCTICKPKPI RQYGTtJCU PQV CNYC[U GZKUVGF +V YCU ȮTUV hiring workers from other subsidiaries or by massively CWVJQTKUGF KP  CȎGT C NQPI EQPȯKEV DGVYGGP (QTF JKTKPIOCPCIGTUTKIJVDGHQTGCEQPȯKEV/E)KNN7PKXGTUKV[ workers and their employer in Windsor (Ontario) and has also attempted to use the law against its unionized was only included in the Code du travail du Québec in teaching assistants by locking them out of other jobs on CȎGTVJGTGRGCVGFFGOCPFUQHVJGWPKQPOQXGOGPV campus for which they were not unionized (such as exam succeeding in placing the provision on the 2CTVK3WÅDÅEQKUo invigilation, service jobs or course lecturing). Workers platform. under federal jurisdiction2FQPQVDGPGȮVHTQONGICNRTQ- tection against strikebreaking by the employer. Employers and right-leaning think tanks (such as the Montreal Economic Institute, the Fraser Institute or the 75%JCODGTQH%QOOGTEG TGIWNCTN[QDLGEVVJCVVJG4CPF Formula is “anti-democratic”, conveniently forgetting that unionization is the decision of a majority of workers. The same goes for unionization through card signing instead QH VJTQWIJ C TGHGTGPFWO 6JG NCVVGTtKPEQTTGEVN[ RTG- UWOGFVQDGOQTGFGOQETCVKEtRTQXKFGUGORNQ[GTUYKVJ plenty of means to pressure employees who might want to unionize. Indeed, it is well known that prior to union- ization, the employer has practically unilateral power to FGȮPG VJG YQTMRNCEGoU KPVGTPCN HWPEVKQPKPI 7PNKMG VJG nascent union (which does not have access to the work- RNCEG  VJG GORNQ[GT ECP KPȯWGPEG YQTMGTU FWTKPI VJG campaign. Unionization through card signing, on the other hand, guarantees that workers are free in their EJQKEGVQLQKPQTPQVOCKPVCKPUVJGKTEQPȮFGPVKCNKV[CPF allows the union to present its version of the facts. That is why card-signing is considered the most democratic way to unionize. 2. Slightly less than 10% of all Québec workers fall under federal jurisdiction. Among them are employees of the federal public ser- vice, chartered banks, interprovincial transportation companies and telecommunications. The Canada Labour Code governs those workers’ conditions.

36 Protections for all Québec Workers

$G[QPFVJGDGPGȮVUICKPGFHQTWPKQPK\GFYQTMGTU3WÅDGEWPKQPUJCXGCNUQHQWIJV HQTRTQVGEVKQPUVJCVDGPGȮVCNNYQTMGTUWPKQPK\GFQTPQV

Employment Insurance, managed by the federal government since the 1940s, would never have existed were it not for repeated pressure from unions. Today, whenever Ottawa misappropriates EI funds for purposes other than those intended by the law, KVKUCNYC[U3WÅDGEWPKQPUVJCVNGCFVJGEJCTIGVQEJCNNGPIGVJGIQXGTPOGPV

The same goes for the Loi sur la santé et la sécurité du travail, a progressive pre- vention-based system adopted in 1979. Even though it applies to all workers without exception, it is essentially the result of union struggles: especially the passionate de- OCPFUQH/KEJGN%JCTVTCPFRTGUKFGPVQHVJG/QPVTGCN%GPVTCN%QWPEKNQH%50HTQO 1968 to 1978).

More recently, the adoption of the Loi sur l’équité salariale, which enshrines the prin- EKRNGQHpGSWCNYQTMGSWCNRC[qKUVJGTGUWNVQHFGECFGUQHRTGUUWTGHTQO3WÅDGEoU WPKQPUCPFHGOKPKUVQTICPKUCVKQPU6JGNCYDGPGȮVUCNNQH3WÅDGEoUYQTMKPIYQOGP

In 2006, the creation of the Régime québécois d’assurance parental 43#2  TG- YCTFGFVJGVKTGNGUUGȭQTVUQHVJGWPKQPOQXGOGPVCPFKVUCNNKGUVQOCMG3WGDGEC leader in the area of parental rights. More generous than most other programs in KPFWUVTKCNK\GFEQWPVTKGUVJG43#2KUCVVJGHQTGHTQPVQHGȭQTVUVQCEEQWPVHQTCV[R- ical situations such as those of the self-employed. The program is informed by a more GSWKVCDNGWPFGTUVCPFKPIQHIGPFGTTGNCVKQPUCPFCNUQEQXGTUCFQRVKQP

5VKNNVJGUGXKEVQTKGUCTGPGXGTRGTOCPGPVN[UGEWTG6JG[CNNKORQUGQDNKICVKQPU Ȯ- nancial or regulatory) on employers. These employers regularly protest, more or less RWDNKEN[ CPF CUM VQ YGCMGPtQT GXGP CDQNKUJtVJGUG KORQTVCPV RTQVGEVKQPU 6JGKT survival depends on our collective capacity, as a labour movement, to maintain a bal- ance of power where unions are strong enough to preserve these progressive social RTQITCOUVJCVtKPOCP[KORQTVCPVYC[UtFGȮPGQWTUQEKGV[

GAINS & STRUGGLES 37 Mediagraphy

Bienvenue à l’exécutif du syndicat !, cahier de formation 1, 4e édition, CSN, 2006, 44 p.

Bienvenue dans votre syndicat CSN, pochette.

Cahiers de formation pour les militants et les militantes des syndicats CSN, Service des relations du travail de la CSN-formation, mise à jour 2005, 8 cahiers.

Cap sur la relève, session de formation pour les nouvelles et les nouveaux membres des exécutifs, Regroupement cégep, FNEEQ, hiver 2010.

.C(0''3|WPGKPVGTXGPCPVGOCLGWTGGPÅFWECVKQP, comité précarité, FNEEQ, 2008.

Négocier, tout un contrat collectif !, cahier de formation 5, CSN, 1997, 46p.

Nous nous mobilisons !, cahier de formation 6, 2e édition, CSN, 2003, 79p.

Ouimet, Hélène. Code du travail / législation, jurisprudence, doctrine, 19e édition, Montréal, 9KNUQPGV.CȯGWTNVÅG

5KVGFGNC%50|www.csn.qc.ca

Site de la FNEEQ|www.fneeq.qc.ca

5KVGFGNo+PVGTPCVKQPCNGFGNoÅFWECVKQP|www.ei-ie.org

5KVGFWECVCNQIWGFGNCNKDTCKTKGFGNC%50|www.csn.qc.ca/web/csn/catalogue

5KVGFGNo1ȰEGSWÅDÅEQKUFGNCNCPIWGHTCPÃCKUG|.GITCPFFKEVKQPPCKTGVGTOKPQNQIKSWG| www.oqlf.gouv.qc.ca/ressources/gdt.html

38 ANIMER LA VIE SYNDICALE 39 40