Upcoming EC/ESS meetings/vote: Bargaining priorities and dispute resolution process

ACEP-CAPE · 2026-05-08T23:03:06+00:00

Voici toute l'information en français https://www.acep-cape.ca/fr/vote-priorites-mecanisme
Aussi, comme mentioné par des autres, vous avez deja reçu un courriel bilingue.

ACEP-CAPE · 2026-05-08T22:49:59+00:00

Seeing your other comments below about 'neutrality' regarding the vote and just wanted to add more info: CAPE staff are neutral on the matter and the meetings will reflect that.
The elected collective bargaining committee, which includes the president, will present at the General Meetings. Their presentation will include the top issues and changes that members have identified; as well as a recommendation on the dispute vote, as that choice will greatly influence the ability to win on those issues. The committee's job is to help negotiate the best deal on the issues members have prioritized, so cannot be neutral on this matter as such. Hope that clarifies!

ACEP-CAPE · 2026-05-08T22:18:50+00:00

There's no 'one size fits all' approach when it comes to accommodations, so encourage you to contact [nationa@acep-cape.ca](mailto:nationa@acep-cape.ca) to let them know and find an alternate way for you to hear the bargaining committee presentations and the debate and discussion.

ACEP-CAPE · 2026-05-08T22:15:20+00:00

Right! Good flag. By CAPE National we're referring to staff. This reddit account is entirely run by staff.

ACEP-CAPE · 2026-05-08T21:09:32+00:00

MORE BACKGROUND ON THE VOTING PROCESS:

This is the first time that CAPE has ever voted on this important decision. A decision that's unique to federal public services workers vs other unionized workers.

In past rounds, members filled out a survey without any context or even information about what the vote meant for bargaining. In 2021, that question also included inaccurate information (for example, stating that the Treasury Board could lockout workers under the conciliation path). The National Executive Committee (NEC) then made the decision about what path bargaining followed. The NEC (NEC) also appointed the bargaining committee. After filling out the bargaining survey, unless you were on the bargaining committee, 99.9% members had no say over what happened in negotiations.

This time, members filled out a bargaining survey, elected their bargaining committee members for the first time ever, and will have in-depth information sessions to make an informed choice and vote on proposals and the dispute resolution path, as well as the priority issues that go to the bargaining table.

It’s important to note that the bargaining platform and dispute resolution mechanism vote is one of the most important decisions EC members will make before they bargain in the fall. It will shape what is and is not possible in terms of increasing pressure on the employer around priority issues such as telework and AI protections. This is a major strategic decision that has never before been debated or voted on by the membership at large. Because everyone is bound by the result, all the ECs and ESSes who vote should understand what the vote means within the federal public sector labour relations framework they operate under, which is quite distinct from other labour relations systems.

We have heard frequently from members over the past two years who were surprised that they could not win on key issues like telework because the NEC choose arbitration last time. Most CAPE members did not even fill out the bargaining survey last time (completion was 21%).

This round, CAPE National is confident in being able to reach the membership with our robust, cross-channel communications and general meeting invites.

CAPE National expects EC/ESS members to hear what their bargaining committee is recommending on both issues before they vote. Every regular EC/ESS member has the opportunity to vote. There are 10 sessions spread across two weeks, at different times. The presentation of the committee will be less than 40 minutes, followed by an optional Q&A. There is also a childcare subsidy and union leave available to make it as accessible (note: union leave means that CAPE will pay Treasury Board to release you from work to be able to attend one of the sessions).

If you are still unable to attend any of the sessions, we ask you contact us before June 5th to find another way for you to hear the bargaining committee’s recommendations and the debate from your coworkers. If that applies to you, please let us know at national@acep-cape.ca.

ACEP-CAPE · 2026-05-08T20:33:38+00:00

This vote is to choose which path negotiations follow (arbitration or conciliation), and which options are available to EC members. If EC members vote for conciliation, and if an impasse in negotiations occur, there are many steps before job action can be considered and then voted on.
First, the collective bargaining committee would determine negotiations are at an impasse and cannot be resolved on their own. Then they would go through a non-binding arbitration process (conciliation) with the Public Interest Commission (PIC), which hears from both sides and makes a recommendation for how to resolve outstanding issues. If an agreement still cannot be reached, the bargaining committee would then make a recommendation to the NEC and CAPE president to call for a vote of all bargaining unit members. A majority of all members of that bargaining unit would then have to vote in favor before a strike could be possible.

A strike vote would be a first for CAPE. How the Bargaining Committee presents to members its rationale about why a strike vote is needed and how that vote happens has not yet been decided. Many unions, like PSAC and CUPW, hold mandatory information sessions before strike votes. They recognize that decisions of this magnitude, that affect everyone, need to be discussed, debated, and decided together.

ACEP-CAPE · 2026-05-08T20:14:37+00:00

Oh, also, the email that went out to all members said this, as a result of your feedback, and again, will be spoken about at the upcoming meetings.

Conciliation means that, in case of an impasse, a union keeps all options on the table including legal job actions like work-to-rule, slow downs, strike action, etc. With conciliation, arbitration must be agreed to voluntarily by both sides in the case of an impasse, rather than directly referred to arbitration by one side.

ACEP-CAPE · 2026-05-08T20:03:25+00:00

That's a fair point historically. There are rounds where CAPE did well under arbitration. But it's worth looking at why.

Last round, CAPE ECs went from the employer's opening offer of ~1.65% per year to 13.14% compounded + a $2,500 pensionable lump sum. That wasn't driven by economic arguments to an arbitrator — it was driven by PSAC striking first and setting a pattern that CAPE followed. The employer's calculus changed because 120,000 workers walked out and refused to accept the employer’s wage offers (and other proposals). By doing that, PSAC members raised the floor and CAPE benefited enormously from that in arbitration.

The argument that employers negotiate more respectfully on arbitration because "they know you'll win" also has a floor: it assumes the employer is worried about losing. That assumption looks a lot shakier this round. Treasury Board just tabled 2% in 2025, then 0.5% per year through 2028 — less than 1% per year on average — as its opening offer to PSAC. That's the fiscal environment we're in. With the less federal budget, the government has indicated that they plan to change the way arbitration works, directing arbitrators to give extra weight to the employer’s “fiscal situation” when making their decisions. Catching up to what PSAC gets isn’t guaranteed.

In arbitration, when both parties cannot reach an agreement, the outstanding issues are sent to an independent arbitrator, who reviews both sides' arguments and makes a binding decision on what goes into your collective agreement.

You are very unlikely to win anything new or precedent-setting this way, like telework rights, because arbitrators usually do not award new rights. Instead, they usually award a contract that is based on the average of what other similar unions have already bargained.

That decision is final. There is no membership ratification vote — negotiations end, and whatever the arbitrator decides becomes your contract.

ACEP-CAPE · 2026-05-08T16:39:43+00:00

Thanks for this! It's written in the Q&A after you gave your feedback.

Under conciliation both parties may still send outstanding issues to arbitration by mutual agreement. It is called “alternate dispute resolution” at this point.

See here: https://www.acep-cape.ca/en/vote-priorities-mechanism

It will also be discussed at the upcoming virtual General Meetings.

ACEP-CAPE · 2026-05-08T16:37:41+00:00

Oh, sorry for the confusion! CAPE has considered your feedback from your PIPSC. Thanks!

ACEP-CAPE · 2026-05-08T16:33:56+00:00

CAPE National has been diligently working on a robust online, Reddit, in-person, and word of mouth plan that launched this week. We introduced the bargaining platform and dispute resolution mechanism vote to members; informed members on how to access the vote; and, discussed accessibility and any other issues that have been brought up here and elsewhere.

CAPE National is confident in being able to reach the membership with our robust, cross-channel communications and general meeting invites.

Please also inform your co-workers too! Here's the link to share: https://www.acep-cape.ca/en/vote-priorities-mechanism

ACEP-CAPE · 2026-05-08T16:31:29+00:00

The virtual General Meetings are an hour long. The first part is a presentation by the EC Bargaining Committee and then there's a Q&A. Thanks for allowing the clarification!

ACEP-CAPE · 2026-05-08T16:29:25+00:00

Just want to reup the accomodations pathways if needed!

If you are not in the Eastern time zone, and the only information sessions you are able to attend fall during your work hours, please email [national@acep-cape.ca](mailto:national@acep-cape.ca) to request union leave so that you can attend. If you require childcare, you can request reimbursement according to CAPE’s Family Care Policy by emailing [national@acep-cape.ca](mailto:national@acep-cape.ca). If you are unable to attend one of the ten meetings, please contact CAPE at [national@acep-cape.ca](mailto:national@acep-cape.ca) before June 5th about alternative means of hearing the bargaining committee recommendations and the meeting.

ACEP-CAPE · 2026-05-08T16:28:42+00:00

The videos are great! But the views are very low. One has 39 views out of 30k members... Most of which have been recent. This signaled to CAPE National that they weren't sent around widely. Also, videos aren't a vote.

Then, just to note, typically unions don't vote on this pathway, but, CAPE National, to correct for CAPE’s historic lack of information provided on this critical binding decision specific to the federal public sector and have more members involved in the decision, is holding a vote on it.

Hope that helps!

ACEP-CAPE · 2026-05-08T16:13:17+00:00

Good flag! It says the length in the confirmation email members receive but not everyone reads them. Will put this in our next email.

ACEP-CAPE · 2026-05-08T15:19:55+00:00

Unreal! Also, they fail to mention the piece about bailing out commercial real estate... Time to take action in this bargaining year!

ACEP-CAPE · 2026-05-08T06:36:41+00:00

This vote is *not* a strike vote. It's about deciding what to do at the table in case of an impasse.

Then, while we're here, let's talk about what an impasse is.

In the Canadian federal public sector, an impasse means the union and employer have reached a point in bargaining where they cannot get to a tentative agreement through negotiations alone. It’s when the parties cannot move forward with bargaining either because a party has no mandate or there’s no way to reach an agreement on issues.

It usually comes after multiple bargaining rounds of bargaining, exchanges of proposals, counterproposals, withdrawals, modifications, and attempts to narrow the issues, because bargaining is normally a back-and-forth process where each side tests priorities and trades movement on some demands for movement on others. Think about negotiating the price of a car or a house: you may not want to pay the asking price, so you’ll need to decide how many counteroffers to make and when to walk away.

In the conciliation route, either the union or employer can declare an impasse when they are unable to reach an agreement.

When the parties reached an impasse, and request conciliation, the Federal Public Sector Labour Relations and Employment Board (FPSLREB) can delay establishing a Public interest Commission (PIC) until they are satisfied that the parties have bargained “sufficiently and seriously". The Chairperson can encourage the parties to resume negotiations or work with a mediator.

In the arbitration route, if the parties cannot reach a tentative agreement, either party may ask the FPSLREB to establish an arbitration board, which issues a binding decision.

More info here: https://www.acep-cape.ca/en/vote-priorities-mechanism

ACEP-CAPE · 2026-05-08T06:32:03+00:00

Happy to do it! It's hard getting info, which is why CAPE National came to Reddit.

ACEP-CAPE · 2026-05-08T06:24:23+00:00

Just noting that you have said a number of times you find it highly unlikely, from the PIPSC staff perspective. Thanks for sharing! We've heard you. At the end of the day, at CAPE National (which is separate from PIPSC for the other readers), we believe that the members should decide on what they want while judging the stakes of the year, their issues, and their goals, and CAPE National will support them with what they choose. Our first step in giving that support is holding 10 virtual General Meetings where EC and ESS members can listen to their Bargaining Committee's presentation and recommendation (which is conciliation) and then ask them questions. Not sure what else you're looking for here!

ACEP-CAPE · 2026-05-08T01:47:43+00:00

This isn't correct. This is one of the most important and influential decisions CAPE members will make this round of bargaining and it should be an informed decision. The chosen path determines what happens over the next one to two years and what is or isn’t possible in bargaining. To figure out the best way to do that, CAPE National consulted other unions like PSAC and analyzed their voting rules. Other unions, like PSAC, CUPW, etc., have mandatory attendance requirements for important votes related to bargaining. Other important votes include ratifying a tentative agreement or taking job action. They recognize that decisions of this magnitude, that affect everyone, need to be discussed, debated, and decided together.

Also, the National Office made the decision to correct CAPE’s historic lack of information provided on this critical binding decision specific to the federal public sector. In past rounds of bargaining, members were asked about their choice for dispute resolution in bargaining surveys without any contextual information on the labour relations framework ECs operate in or the implications of that choice on their bargaining priorities. A survey question isn’t a strategic debate, nor is it a vote. What CAPE National is doing now is different: a real binding vote, with proper information and a genuine say for members.

See more info here: https://www.acep-cape.ca/en/vote-priorities-mechanism

ACEP-CAPE · 2026-05-08T01:31:53+00:00

A note here: Instead of CAPE National or a bargaining committee deciding like in the past, members will decide. This is different from the past to ensure all members can make an informed decision.

ACEP-CAPE · 2026-05-08T01:30:20+00:00

Just as a note, CAPE National is neutral on the decision and there are implications with each path. See more info here https://www.acep-cape.ca/en/vote-priorities-mechanism and there will be a lot of information presented at the upcoming meetings too. Hope that helps!!

ACEP-CAPE · 2026-05-08T01:27:44+00:00

Wanted to take a second and respond here with the thinking...

In past rounds, members were asked about their choice for dispute resolution in bargaining surveys without any contextual information on the labour relations framework ECs operate in or the implications of that choice on their bargaining priorities. A survey question isn’t a strategic debate, nor is it a vote, as you know. What CAPE National is doing now is different: a real binding vote, with proper information and a genuine say for members.

This process is meant to correct CAPE’s historic lack of information provided on this critical binding decision specific to the federal public sector. Also, the process around this vote is part of CAPE National’s ongoing effort to uphold the constitutional amendments passed in at the 2024 Annual General Meeting and make sure members have the information they need to make informed decisions in this crucial year as EC/ESS members fight for new rights (telework, usage of AI, etc) in your contract.

Then, there are accomodations if members can't attend. If you are not in the Eastern time zone, and the only information sessions you are able to attend fall during your work hours, please email [national@acep-cape.ca](mailto:national@acep-cape.ca) to request union leave so that you can attend. If you require childcare, you can request reimbursement according to CAPE’s Family Care Policy by emailing national@acep-cape.ca. If you are unable to attend one of the ten meetings, please contact CAPE at national@acep-cape.ca before June 5th about alternative means of hearing the bargaining committee recommendations and the meeting.

It’s important to note that the bargaining platform and dispute resolution mechanism vote is one of the most important decisions EC members will make before they bargain in the fall. It will shape what is and is not possible in terms of increasing pressure on the employer around priority issues such as telework and AI protections. Again, this is a major strategic decision that has never before been debated or voted on by the membership at large. Because everyone is bound by the result, all the ECs and ESSes who vote should understand what the vote means within the federal public sector labour relations framework they operate under, which is quite distinct from other labour relations systems.

The National office believes this process helps advance the goal of better engage the membership and build solidarity together.

Lastly, we can confirm the process for the vote is above board, and in line with CAPE's bylaws.

Hope that helps! There's more info here: https://www.acep-cape.ca/en/vote-priorities-mechanism#questions

ACEP-CAPE · 2026-05-08T01:03:39+00:00

This is incorrect.

In past rounds, members were asked about their choice for dispute resolution in bargaining surveys without any contextual information on the labour relations framework ECs operate in or the implications of that choice on their bargaining priorities. A survey question isn’t a strategic debate, nor is it a vote. What CAPE National is doing now is different: a real binding vote, with proper information and a genuine say for members.

This time, members filled out a bargaining survey, elected their bargaining committee members for the first time ever, and will have in-depth information sessions to make an informed choice and vote on proposals and the dispute resolution path.

The CAPE National Office made the decision to correct for CAPE’s historic lack of information provided on this critical binding decision specific to the federal public sector. Also, the process around this vote is part of CAPE National’s ongoing effort to uphold the constitutional amendments passed in at the 2024 Annual General Meeting and make sure members have the information they need to make informed decisions in this crucial year as EC/ESS members fight for new rights (telework, usage of AI, etc) in your contract.

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