You have just gone through a union certification, and you may now be asking yourself: What’s next? The answer is clear: it is time to begin preparing for negotiations on your first collective agreement (“CBA”).
In our experience, first agreements are extremely important as they set the baseline for future negotiations. However, they can be tricky and generally more complex and time-consuming than subsequent agreements. This is due to the fact that the parties are not building on a previous agreement but rather drafting an entire agreement from the ground up in most cases. In some instances, it may be less complex if there are close comparables from which you can establish the bones of the CBA. In other cases, there may be either no reasonable comparables or totally unreasonable comparables from the viewpoint of one of the parties.
Another overarching issue that arises in the context of first agreements is the lingering feelings of the certification that just occurred. While the reasons for a newly certified bargaining agent can be many, the arrival of a union for the first time in an organization is typically met with some trepidation and anxiety by all affected parties. For the employer, they may feel a looming loss of control and implementation of rules they’ve never had to previously follow. For the union, there can be pressure in demonstrating that their certification was the right choice and that they bring value. For newly unionized staff, some may have high expectations, while others may feel the union wasn’t necessary. And finally, for any staff remaining outside the bargaining unit, there may be fear of a two-tier system being created, among other things. Fear of the unknown tends to be the overall sentiment.
At the same time, the first collective agreement presents opportunities that parties often do not consider, such as establishing clear, consistent processes for a number of issues in the workplace. Examples include procedures for choosing vacation and sick leave or the creation of a more understandable process for overtime opportunities, or who is entitled to various premiums. This can be highly beneficial for building procedural trust and limiting the perception of favouritism and arbitrary decision-making. Furthermore, where the union and the employer have established such procedural trust and have made efforts to establish a good working relationship, they can be of assistance to each other in solving both simple and complex workplace issues, and often in a more timely and cost-effective fashion.
Overall, the first agreement sets the tone for the ongoing relationship between the organization and the union. As such, both parties need to be diligent and thoughtful in their preparation, and they must also carefully consider the relationship they have had, and want to have, going forward.
Since the first collective agreement sets the baseline for subsequent agreements, the first agreement is arguably more important than the next agreement. As such, preparation is key. Both parties should come ready with good, shareable data if they are to successfully convince the other team that a particular proposal should be agreed upon or not.
Unfortunately, this is not always the case, and the first agreements can, among other things, cover fewer items than they really should, or include language based on comparables that don’t necessarily align with the particular needs of the union, bargaining unit members and the employer involved.
A checklist can help both bargaining teams capture the many issues that may arise. It serves as a tool to anticipate challenges and provides a measure of confidence as you move forward.
Some Key Considerations for Negotiating a First Collective Agreement
- Understand Labour Relations Legislation
Familiarity with the federal, provincial or territorial labour legislation is critical. Consult with legal counsel as needed to ensure no steps are overlooked. For example:- Ontario: Rules of Procedure
- British Columbia: Rules of Procedure
- Nova Scotia: Rules of Procedure
- Understand the Freeze Period
In most jurisdictions in Canada, a “freeze period” limits changes to employees’ terms and conditions of employment while negotiations for a first contract are underway. Be sure you understand how this applies in your specific region. - Establish Bargaining Authority
Before entering negotiations, ensure the bargaining leader and team have the authority to negotiate. For the employer, this authority typically comes from senior leadership (CEO, VP, or governing body). For the union, it may come from the elected officials, the membership, or a combination. Without it, negotiations may stall, lose credibility, or even risk unfair labour practice complaints. Document and communicate this authority to the bargaining team. - Determine Your Mandate
Your bargaining mandate (essentially, your bottom line) should be approved at the senior level. It defines how far you can negotiate, when you need additional approval, and when you must stop. - Appoint a Lead Spokesperson and choose your team thoughtfully
Decide who will act as the lead spokesperson. While some organizations rely on legal counsel, this can become expensive. Smaller organizations may choose a trained internal leader, supported by external advice as needed. Best practice is that the person should have good knowledge of the organization, its operations and how the proposals will impact it. Programs such as Queen’s IRC Labour Relations Foundations and Negotiation Skills can help prepare individuals for this role. In addition, choose, or elect where applicable, bargaining team members with different, complementary strengths including labour relations, finance, operations, etc. - Preparation
Preparation is the foundation of effective bargaining. The more scenarios you anticipate, the clearer your objectives will be. Consider preparing:- Multiple financial scenarios, including wage costs. Determine impact to the budget.
- Benefit scenarios, with cost projections (consult your benefits broker for support and guidance).
- Scheduling options, such as regular, extended, compressed, or hybrid shifts.
- Vacation strategies, including costs of accrual and usage changes.
- Premium structures, such as evenings, nights, and weekends; ensure “no pyramiding” language is included.
- Statutory holiday provisions.
- A comparative survey of similar organizations and unions in your region (wages, benefits, and quality-of-work-life practices).
- Comparable collective agreements.
- Information Gathering
Before drafting proposals, collect data that supports your case and demonstrates need. Suggested areas of focus include:- Staff complaints and concerns.
- Challenges related to compensation or benefits.
- Root causes of certification.
- Key workforce data (turnover, absenteeism, age demographics, service levels).
Understanding this data will help you tailor proposals. For instance, if most employees are over 55, pension enhancements may be a priority. If the majority are in their 20s and 30s, wages and work–life balance may take precedence. The point is to spend time understanding your membership/employees and what is important to them.
- Proposal Development
Once information has been gathered, your team can begin developing proposals. Use a collaborative approach to identify and prioritize key issues while remaining within your mandate. Be sure to:- Review templates or tables of contents from existing collective agreements to ensure coverage of standard provisions.
- Craft proposals with both short- and long-term implications in mind.
- Ensure language is clear, unambiguous, and well-structured.
- Key concept: Think about who will be using your collective agreement once implemented to ensure it meets the needs of the organization.
Some particularly important clauses include:
- Management Rights: Best drafted using the Residual Rights Theory, meaning management retains all rights not specifically limited by the agreement.
- Recognition Clause: Should generally mirror the exact language used in the final certification document.
- Seniority: Where seniority is relevant for your organization, any clauses must reflect a balance between union expectations and operational realities.
Final Thoughts
Developing a first collective agreement is a challenging undertaking, but with patience, thorough preparation, and a focus on building a constructive relationship with the union, the process can be managed successfully.
This checklist represents key considerations, but is not exhaustive. Every negotiation presents new challenges and opportunities. Be prepared, stay flexible, and approach the process with a commitment to collaboration. Doing so will set the stage for a strong and sustainable agreement.
Good luck!
About the Authors
Elizabeth Vosburgh’s passion for strengthening labour relations and human resources practices is informed by her experiences working in both managerial and c-suite roles, as well coaching for Queen’s IRC for the past decade. She has been involved in all aspects of labour relations, from the internal grievance process to arbitration. She has led complicated negotiations, restructuring, professional practice, complex return to work, accommodation, occupational health and safety, as well as workplace restoration. She is a sought-after advisor to senior leadership teams. As a Certified Human Resources Executive (CHRE) with the HRPA, a Registered Nurse with the College of Nurses of Ontario, and a Certified Health Executive, Elizabeth applies both her practical experience along with theory to help individuals and organizations build culturally sound labour relations and human resources programs.
Deborah Cooper has a strong background in collective bargaining across federal public service, private, and non-profit sectors. With over a decade of facilitating courses such as Negotiation Skills, Labour Relations Foundations, Grievance Handling, and Managing Unionized Environments for Queen’s IRC, she combines practical expertise with instructional leadership. Deborah has served as a mediator, adjudicator, and speaker, and was formerly Executive Director of a federal union representing multiple bargaining units nationwide. Her career includes in-house roles with federal bargaining agents and an appointment as General Secretary of the National Joint Council, where she helped integrate directives into collective agreements. Deborah holds an Honours Bachelor Degree from the University of Ottawa, a Law Degree from the University of Western Ontario, and Certificates in Labour Relations and Advanced Human Resources from Queen’s University IRC. She has been a member of the Law Society of Ontario for over 25 years.
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