Presentation on theme: "OLBA What the Board Should Know about Working with a Unionized Workforce! What the Board Should Know about Working with a Unionized Workforce!"— Presentation transcript:
OLBA What the Board Should Know about Working with a Unionized Workforce! What the Board Should Know about Working with a Unionized Workforce!
Todays Objectives Better define the role of a board related to human resources and industrial relations Better understand your right and responsibility to oversee the workforce Better understand the bargaining process and substantive parts of the collective agreement Better understand the role of the union Better understand the strategic relevance of aligning your collective bargaining with your strategic plan
Fusion of Different Strategic Concepts Governance Strategic Planning Strategic Collective Bargaining Effective Operational Management
BOARD (Role and Responsibility) It is the Employer It serves the Patron as the end user
Duty of Diligence act reasonably, prudently, and in good faith. educate themselves about the organization. make reasonable inquiries into the day-to-day management of the organization, consider explanations and to make informed decisions. diligent directors also seek the advice of qualified professional, when necessary
Duty of Loyalty always place the interest of the organization first. acting honestly, in good faith, and in the best interests of the organization. must fully and promptly disclose any potential conflicts of interest and take action to avoid perceived or real conflicts of interest.
Duty of Obedience act within the scope of the governing documents of the organization and to ensure that committees and staff do so as well. governing documents include the organization's constitution, bylaws, policies, rules and regulations. ensuring that governing documents are kept up- to-date. to obey all laws and statutes that apply to the organization. From the Human Resources Council for the Voluntary/Non-Profit Sector From the Human Resources Council for the Voluntary/Non-Profit Sector
ONTARIO LABOUR RELATIONS ACT ONTARIO LABOUR RELATIONS ACT
PURPOSE OF LABOUR RELATIONS ACT To facilitate collective bargaining To recognize the importance of workplace parties adapting to change To promote flexibility, productivity and employee involvement To encourage communication between employers and employees To recognize the importance of economic growthTo recognize the importance of economic growth To encourage cooperative participation of employers and trade unionsTo encourage cooperative participation of employers and trade unions To promote expeditious resolution of workplace disputesTo promote expeditious resolution of workplace disputes
Union (Role and Responsibility) Every person is free to join a trade union of the persons own choice and to participate in its lawful activities. Every person is free to join a trade union of the persons own choice and to participate in its lawful activities.
Following certification or the voluntary recognition by the employer of the trade union as bargaining agent for the employees in the bargaining unit, the trade union shall give the employer written notice of its desire to bargain with a view to making a collective agreement
Every collective agreement shall be deemed to provide that the trade union that is a party thereto is recognized as the exclusive bargaining agent of the employees in the bargaining unit defined therein
A trade union or council of trade unions, so long as it continues to be entitled to represent employees in a bargaining unit, shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employees in the unit, whether or not members of the trade union or of any constituent union of the council of trade unions, as the case may be
INFORMATION ABOUT TRADE UNIONS
Current Unionization Trends In Canada Public sector unionization in Canada has increased to about 75.5% Private sector unionization in Canada has declined to about 19% from a peak of 26% in the late 1970s Public sector unionization in the United States is about 36.4% Private sector unionization in the United States is about 7.9%
MOST SIGNIFICANT CHANGE FOR TRANSFORMATION IN CANADA MIX OF MEN AND WOMEN IN 1977, WOMEN REPRESENTED 12% OF TOTAL MEMBERSHIP IN 2003, IT EXPLODED TO 48% CAUSED BY: GROWING PROPORTION OF WOMEN IN WORKFORCE GROWING PROPORTION OF WOMEN IN WORKFORCE THEIR PRESENCE IN HEAVILY UNIONIZED PUBLIC SECTOR THEIR PRESENCE IN HEAVILY UNIONIZED PUBLIC SECTOR THEIR MOVEMENT INTO TRADITIONAL MALE WORK THEIR MOVEMENT INTO TRADITIONAL MALE WORK RISING UNIONIZATION OF PART TIME/TEMPORARY WORK RISING UNIONIZATION OF PART TIME/TEMPORARY WORK UNIONIZATION IN SERVICE SECTOR, MOSTLY FEMALE UNIONIZATION IN SERVICE SECTOR, MOSTLY FEMALE
Top 10 Unions in Canada
CUPE522,000535,00 NUPGE325,000337,000 USWA180,000280,000 CAW268,000265,000 UFCW220,000188,000 PSAC150,000153,000 CEP150,000150,000 TEAMSTERS110,000110,000 FEDERATION DE LA SANTE ET DES SERVICES SOCIAUX 101,000101,000 LABOURERS INTERNATIONAL 80,00085,000 SEIU78,00084,000
Together they have won the right to negotiate their wages and working conditions; to stop arbitrary action by employers; and to speak out without fear of reprisal.
CUPES STRATEGIC GOALS strengthen our bargaining power to win better collective agreements; increase our day-to-day effectiveness to better represent members in the workplace; intensify our campaign to stop contracting out and privatization of public services.
THE COLLECTIVE BARGAINING PROCESS 1. Negotiation 2. Conciliation 3. Mediation 4. Arbitration
THE COLLECTIVE AGREEMENT
Articles of particular importance include: 1. Recognition 2. Management Rights 3. Hours of Work 4. Seniority 5. Scheduling 6. Discipline 7. Job Posting; promotions 8. Performance reviews 9. Technological Change
ABSENTEEISM-Board Obligations Hold management to account
ATTENDANCE IMPROVEMENT PROGRAMMES
ATTENDANCE IMPROVEMENT PROGRAMS 1. Grounded in quantitative data. 2. Policy is clearly described to all employees. 3. Focuses on trying to help employees to improve reliability. 4. Places emphasis on employees exceeding norms. 5. It is non-disciplinary. 6. The focus is on medical rehabilitation. 7. There is a requirement for a prognosis. 8. Discussion may involve the Duty to Accommodate. 9. Employees may successfully migrate out of the program. 10. The organization is strongly committed to the program.
ABSENTEEISM Culpable vs. Non-culpable Behaviour CulpableInnocent A.W.O.LSick DisciplineNo discipline # of incidents # of days Termination for CauseNon-blameworthy termination
DUTY TO ACCOMMODATE- Board Obligations Hold management to account to manage this
ONTARIO HUMAN RIGHTS CODE Disability means: a)any degree of physical disability, infirmity….or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device b)a condition of mental impairment or a developmental disability c)a learning disability… d)a mental disorder e)an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997
It is the responsibility of persons with disabilities to: inform their employers of their needs; cooperate in obtaining necessary information, including medical or other expert opinions; participate in discussions about solutions, and work with the employer and union on an ongoing basis to manage the accommodation process. Quoted from the Human Rights Website
Unions and professional associations must: take an active role as partners in the accommodation process; share joint responsibility with the employer to promote accommodation, and support accommodation measures regardless of the collective agreement.
Employers are required to: accept requests for accommodation in good faith; request only information that is required to make the accommodation; obtain expert advice or opinion where necessary; take an active role in ensuring that possible solutions are examined; maintain the confidentiality of persons with disabilities; deal with accommodation requests in a timely way, and bear the cost of any required medical information or documentation. Everyone involved must treat human rights issues arising in the workplace seriously and respectfully.
Can the work be modified short of undue hardship? Work re-design, reconfiguration of tasks alternative schedules and hours re-assignments and other available jobs use of equipment, assistive devices temporary rehabilitative programs
What is undue hardship? Cost –size of operations –level of cost –budget situation –outside sources of funding Health & Safety requirements Contractual obligations
How does this All Link Together
The Boards Plan The Board prepares its three year plan As an example, it sees opportunities to align with schools (improve accessibility) or introduce RFID (cost saving and/or better inventory control and/or redeployment of people)
The Unions Plan Better enshrine job security in the collective agreement by limiting technological change, disallowing erosion of the bargaining unit through subcontracting and introducing stiffer termination provisions
What will happen? Lets discuss
Final Comment Dont allow the process to become politicized from the perspective of industrial relations at the Board level-you are the Employer!