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Method and matters of negotiation

Method of negotiation

Bill 37 provides two levels of negotiations for teaching personnel: provincial and local. Also, as regards teaching personnel, it lists the 28 matters that may be the subject of clauses negotiated and agreed to at the local or regional level. Any other matter may be negotiated and agreed to at the local or regional level, if the parties at the provincial level so agree.

Negotiations at the provincial level include the following two categories: provincial intersectorial matters and provincial sectorial matters.

Provincial intersectorial matters

The provincial intersectorial matters which are common to the public and parapublic sectors include salaries, pension plans, group insurance plans, regional disparities and parental rights. Those matters are under the influence of the CPNCA but they are negotiated by the Treasury Board and the unions. Agreements concluded at the intersectorial level (central or common table) are referred to sectorial negotiation tables and are incorporated into the respective collective agreements according to the specifications of each group.

Provincial sectorial matters

The provincial sectorial matters which include conditions of employment, fringe benefits excluding insurance and parental rights, remuneration mechanisms excluding remuneration as such, organization of work, movement of personnel, job security, etc.) concern school boards only. In general, employer mandates are initiated by the CPNCA and discussed by the Quebec QESBA and the Ministère de l'Éducation et de l'Enseignement supérieur before being the subject of petitions filed with the Treasury Board.

Matters negotiated at the local or regional level

Local matters fall under the jurisdiction of each school board. As regards teaching personnel, Schedule A of the bill lists 28 matters which may be negotiated (distribution of duties and responsibilities among the teachers in a school, assignment and transfer procedures, participation mechanisms, union prerogatives, etc.) and which fall directly under the jurisdiction of school boards. As regards professionals and support staff, the bill does not provide a predetermined list of those matters which may be negotiated at the local level. However, the parties at the national level may agree to draw up such a list.