What is Article 5?
Article 5 prohibits management from making unilateral changes to wages, hours, and other terms and conditions of employment that are established by:
- The Collective Bargaining Agreement
- Handbooks and Manuals
- Past Practice
- National Level Agreements
Protected Areas
Management must not make unilateral changes to:
- Working conditions
- Hours of work
- Pay practices
- Safety conditions
- Job responsibilities
- Break schedules
- Staffing patterns
- Local agreements
- Established procedures
What Constitutes a Unilateral Change?
A unilateral change occurs when management:
- Acts without union notification
- Fails to bargain over changes
- Implements changes without agreement
- Modifies existing practices without consultation
- Bypasses established procedures
Your Rights Under Article 5
The union must be:
- Notified of proposed changes
- Given opportunity to bargain
- Allowed to negotiate impact
- Consulted on implementation
- Provided relevant information
When to Take Action
Report situations where management:
- Changes working conditions without notice
- Implements new procedures unilaterally
- Modifies existing practices without bargaining
- Ignores past practice
- Bypasses the union
Documenting Violations
If you observe a unilateral change:
- Note the specific change
- Document when it occurred
- Identify who implemented it
- Record any witnesses
- Save any relevant communications
- Contact your Shop Steward immediately
Remember: Management must negotiate changes with your union. Unilateral actions violate our contract.