The requirement that the parties meet and attempt to develop an adjustment plan has three elements:
- it applies when an employer introduces or intends to introduce a change that affects the terms, conditions, or security of employment of a significant number of employees in the bargaining unit,
- the employer must give 60 days' notice before it implements it, and
- once notice is given, the employer must be prepared to meet with the union, in good faith, and try to develop an adjustment plan to mitigate its effects.
The adjustment plan may include:
- Human resource planning
- Employee counselling
- Retraining for bargaining unit members
- Notice period for terminations
- Severance pay
- Early retirement options
Once the adjustment plan is agreed to, it becomes legally binding and enforceable.
What if we can't agree on the adjustment plan?
Either party can apply for a mediator's help with developing an adjustment plan. The mediator will review the facts and work with the parties to try to come to an agreement. If the mediator can't help the parties come to an agreement, they may make recommendations about what should be included in the adjustment plan.
To apply for a mediator:
- Complete Form 54
FORM 54: LABOUR ADJUSTMENT PLAN MEDIATION
- Submit the application by email, mail, or courier
- Serve the other party as required by the Rules
- Arrange to pay the $100 filing fee
What if notice wasn't given?
You can apply to the Board if you feel the notice requirements of Section 54 have not been complied with. To make an application:
Leading decisions provide useful information on how the Labour Relations Board applies the Labour Relations Code (the Code) and information on what is or is not covered by the Code.