In early January 2011, we (ATU local 1290) held a meeting with our membership to explain why we would be holding
off on ratifying until spring. We explained the concerns expressed by city officials that it could be problematic if we
were to ratify our agreement before council had an opportunity to ratify the CUPE 51 agreement.
The membership discussed and agreed to hold off ratification until the city was finished with CUPE 51.
February 17, 2011 the parties meet once again and proceeded to review the agreement. Several omissions were noted
(wage scale for mechanics and service men and several minor word changes) and agreed to by both parties to
be inserted into the agreement and new copies to be distributed. ATU 1290 received a new copy of the agreement
on the afternoon of February 17 2011. Click here to view the new agreement
City officials also spoke on the status of negotiation with CUPE 51, they expressed they were very close to an agreement
and would hope to have ratification by city council in early March, 2011.
We (ATU) received an e-mail on March 4th, 2011 that reads:
George just a heads up, that council will be voting on the CUPE contract at public session next Monday March 7th.
It should go through. Click here to view e-mail
On March 7th, 2011 City of Moncton Council voted to accept the agreement reached with CUPE local 51
After several informal meetings during the spring of 2011, it started to become evident the city’s Lead Negotiator
would not recommend the agreement as negotiated and agreed upon by both parties to council.
In June of 2011, the city’s negotiating team presented the agreement to council termed as a proposal and list of
demands from ATU local 1290, City Council subsequently voted not to accept the agreement as negotiated
and agreed upon by their negotiating team. Click here to view letter
In July of 2011 ATU was left with no alternative but to file a complaint with “Department of Labour Education and Training”
against the City of Moncton for bargaining in bad faith/unfair labour practice.
In September 2011 the hearing started with ATU presenting its case. At the end of the week, the Chairman of the Board
offered the assistance of a Provincial Mediator to help resolve the issue. Both parties agreed.
The mediation process started in December 2011 and was unsuccessful in resolving the matter.
The Board hearing was scheduled to start in Fredericton on January 4th , 2012 with three days set aside.
On January 2nd the Provincial Mediator asked us (ATU) if we would be willing to meet again with City officials
before the start of the hearing and we agreed.
The Lead Negotiator's reply was as follows: “Hi Brian, as I indicated to you earlier, we are not interested
in meeting tomorrow and will proceed to put our evidence in front of the board commencing on Wednesday."
Click here to view e-mail
After making reference to putting their evidence before the board on Wednesday January 4th
City representatives subsequently showed up at the board hearing and asked for an adjournment.
ATU agreed to the adjournment on the Basis City representatives would meet with ATU and a Provincial
appointed Conciliator; the parties met once again and could not reach an agreement.
The Board hearing resumed again on February 22nd 2012, on day two in a good will effort, ATU representatives
asked City officials if they were interested in looking at the original agreement with several modifications.
This offer from ATU was on the basis that, City officials would contact their superiors (Senior Management)
for authority to go forward with the offer from ATU and to have a reply back to ATU by Friday March 2nd.
The Lead Negotiator for the city stated they wanted the complaint dropped before they would move on the proposal.
ATU refused to drop the complaint, but was willing to postpone the hearing. The City agreed to follow this process
and a proposal was presented to them on February 23rd.
March 2nd past and the City did not reply to the ATU offer and once again negotiated in bad faith.
After 15 months of trying resolve this matter ATU was left with no choice but to ask the
Provincial Conciliator to write his report.
The parties met at the end of March for three days, this mediation ended without results.
April 1st 2012 ATU representatives presented to its membership a “final offer proposal” from the city.
Ninety three percent of the membership voted to reject the offer and take strike action.