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What the Board Should Know about What the Board Should Know about Working with a Unionized Workforce!Working with a Unionized Workforce!

Today’s ObjectivesToday’s Objectives

Better define the role of a board related to Better define the role of a board related to human resources and industrial relationshuman resources and industrial relationsBetter understand your right and responsibility to Better understand your right and responsibility to oversee the workforceoversee the workforceBetter understand the bargaining process and Better understand the bargaining process and substantive parts of the collective agreementsubstantive parts of the collective agreementBetter understand the role of the unionBetter understand the role of the unionBetter understand the strategic relevance of Better understand the strategic relevance of aligning your collective bargaining with your aligning your collective bargaining with your strategic planstrategic plan

Fusion of Different Strategic Fusion of Different Strategic ConceptsConcepts

GovernanceGovernance

Strategic PlanningStrategic Planning

Strategic Collective BargainingStrategic Collective Bargaining

Effective Operational ManagementEffective Operational Management

Lofty ThoughtsLofty Thoughts

Pebble in the PondPebble in the Pond

Philosophy/Principles

Policies

Philosophy/Principles

Procedures

Policies

Philosophy/Principles

Practices

Procedures

Policies

Philosophy/Principles

BOARD (Role and Responsibility)BOARD (Role and Responsibility)

It is the EmployerIt is the Employer

It serves the Patron as the end userIt serves the Patron as the end user

Duty of DiligenceDuty of Diligence

act reasonably, prudently, and in good faith.act reasonably, prudently, and in good faith.

educate themselves about the organization.educate themselves about the organization.

make reasonable inquiries into the day-to-day make reasonable inquiries into the day-to-day management of the organization, consider management of the organization, consider explanations and to make informed decisions.explanations and to make informed decisions.

diligent directors also seek the advice of diligent directors also seek the advice of qualified professional, when necessary qualified professional, when necessary

Duty of Loyalty Duty of Loyalty

always place the interest of the always place the interest of the organization first.organization first.

acting honestly, in good faith, and in the acting honestly, in good faith, and in the best interests of the organization.best interests of the organization.

must fully and promptly disclose any must fully and promptly disclose any potential conflicts of interest and take potential conflicts of interest and take action to avoid perceived or real conflicts action to avoid perceived or real conflicts of interest.of interest.

Duty of Obedience Duty of Obedience

act within the scope of the governing documents act within the scope of the governing documents of the organization and to ensure that of the organization and to ensure that committees and staff do so as well.committees and staff do so as well.governing documents include the organization's governing documents include the organization's constitution, bylaws, policies, rules and constitution, bylaws, policies, rules and regulations. regulations. ensuring that governing documents are kept up-ensuring that governing documents are kept up-to-date.to-date.to obey all laws and statutes that apply to the to obey all laws and statutes that apply to the organization.organization.

From the Human Resources Council for the From the Human Resources Council for the Voluntary/Non-Profit SectorVoluntary/Non-Profit Sector

ONTARIO LABOUR ONTARIO LABOUR RELATIONS ACTRELATIONS ACT

PURPOSE OF LABOUR PURPOSE OF LABOUR RELATIONS ACTRELATIONS ACT

To facilitate collective To facilitate collective bargainingbargaining

To recognize the importance To recognize the importance of workplace parties of workplace parties adapting to changeadapting to change

To promote flexibility, To promote flexibility, productivity and employee productivity and employee involvementinvolvement

To encourage To encourage communication between communication between employers and employeesemployers and employees

• To recognize the To recognize the importance of economic importance of economic growthgrowth

• To encourage cooperative To encourage cooperative participation of employers participation of employers and trade unionsand trade unions

• To promote expeditious To promote expeditious resolution of workplace resolution of workplace disputesdisputes

Union (Role and Responsibility)Union (Role and Responsibility)

““Every person is free to join a trade union Every person is free to join a trade union of the person’s own choice and to of the person’s own choice and to participate in its lawful activities. ” participate in its lawful activities. ”

““Following certification or the voluntary Following certification or the voluntary recognition by the employer of the trade recognition by the employer of the trade union as bargaining agent for the union as bargaining agent for the employees in the bargaining unit, the trade employees in the bargaining unit, the trade union shall give the employer written union shall give the employer written notice of its desire to bargain with a view notice of its desire to bargain with a view to making a collective agreement”to making a collective agreement”

““Every collective agreement shall be Every collective agreement shall be deemed to provide that the trade union deemed to provide that the trade union that is a party thereto is recognized as the that is a party thereto is recognized as the exclusive bargaining agentexclusive bargaining agent of the of the employees in the bargaining unit defined employees in the bargaining unit defined therein” therein”

““A trade union or council of trade unions, A trade union or council of trade unions, so long as it continues to be entitled to so long as it continues to be entitled to represent employees in a bargaining unit, represent employees in a bargaining unit, shall not act in a manner that is arbitrary, shall not act in a manner that is arbitrary, discriminatory or in bad faith in the discriminatory or in bad faith in the representation of any of the employees in representation of any of the employees in the unit, whether or not members of the the unit, whether or not members of the trade union or of any constituent union of trade union or of any constituent union of the council of trade unions, as the case the council of trade unions, as the case may be” may be”

INFORMATIONINFORMATIONABOUT TRADE ABOUT TRADE

UNIONSUNIONS

Current Unionization TrendsCurrent Unionization TrendsIn CanadaIn Canada

Public sector unionization in Canada has increased to about Public sector unionization in Canada has increased to about 75.5%75.5%

Private sector unionization in Canada has declined to about Private sector unionization in Canada has declined to about 19% from a peak of 26% in the late 1970’s19% from a peak of 26% in the late 1970’s

Public sector unionization in the United States is about 36.4%Public sector unionization in the United States is about 36.4%

Private sector unionization in the United States is about 7.9%Private sector unionization in the United States is about 7.9%

MOST SIGNIFICANT CHANGE FOR MOST SIGNIFICANT CHANGE FOR TRANSFORMATION IN CANADATRANSFORMATION IN CANADA

MIX OF MEN AND WOMENMIX OF MEN AND WOMENIN 1977, WOMEN REPRESENTED 12% OF TOTAL IN 1977, WOMEN REPRESENTED 12% OF TOTAL MEMBERSHIPMEMBERSHIPIN 2003, IT EXPLODED TO 48%IN 2003, IT EXPLODED TO 48%CAUSED BY:CAUSED BY: GROWING PROPORTION OF WOMEN IN GROWING PROPORTION OF WOMEN IN

WORKFORCEWORKFORCE THEIR PRESENCE IN HEAVILY UNIONIZED PUBLIC THEIR PRESENCE IN HEAVILY UNIONIZED PUBLIC

SECTORSECTOR THEIR MOVEMENT INTO TRADITIONAL MALE WORKTHEIR MOVEMENT INTO TRADITIONAL MALE WORK RISING UNIONIZATION OF PART TIME/TEMPORARY RISING UNIONIZATION OF PART TIME/TEMPORARY

WORKWORK UNIONIZATION IN SERVICE SECTOR, MOSTLY FEMALEUNIONIZATION IN SERVICE SECTOR, MOSTLY FEMALE

Top 10 Unions in CanadaTop 10 Unions in Canada

20032003 20052005

CUPECUPE 522,000 522,000 535,00535,00

NUPGE NUPGE 325,000325,000 337,000337,000

USWAUSWA 180,000180,000 280,000280,000

CAW CAW 268,000268,000 265,000265,000

UFCWUFCW 220,000220,000 188,000188,000

PSACPSAC 150,000150,000 153,000153,000

CEPCEP 150,000150,000 150,000150,000

TEAMSTERSTEAMSTERS 110,000110,000 110,000110,000

FEDERATION DE LA SANTE FEDERATION DE LA SANTE ET DES SERVICES SOCIAUXET DES SERVICES SOCIAUX

101,000101,000 101,000101,000

LABOURER’S LABOURER’S INTERNATIONALINTERNATIONAL

80,00080,000 85,00085,000

SEIUSEIU 78,00078,000 84,00084,000

CUPECUPE

Together they have won the right to Together they have won the right to negotiate their wages and working negotiate their wages and working conditions; to stop arbitrary action by conditions; to stop arbitrary action by employers; and to speak out without fear employers; and to speak out without fear of reprisal.of reprisal.

CUPE’S STRATEGIC GOALSCUPE’S STRATEGIC GOALS

strengthen our bargaining power to win strengthen our bargaining power to win better collective agreements; better collective agreements;

increase our day-to-day effectiveness to increase our day-to-day effectiveness to better represent members in the better represent members in the workplace; workplace;

intensify our campaign to stop intensify our campaign to stop contracting out and privatization of public contracting out and privatization of public services. services.

THE COLLECTIVE THE COLLECTIVE BARGAINING PROCESSBARGAINING PROCESS

1.1. NegotiationNegotiation

2.2. ConciliationConciliation

3.3. MediationMediation

4.4. ArbitrationArbitration

THE COLLECTIVE AGREEMENTTHE COLLECTIVE AGREEMENT

THE COLLECTIVE THE COLLECTIVE AGREEMENTAGREEMENT

Articles of particular Articles of particular importance includeimportance include::

1.1. RecognitionRecognition2.2. Management RightsManagement Rights3.3. Hours of WorkHours of Work4.4. SenioritySeniority5.5. SchedulingScheduling6.6. DisciplineDiscipline7.7. Job Posting; Job Posting;

promotionspromotions8.8. Performance reviews Performance reviews 9.9. Technological ChangeTechnological Change

ABSENTEEISM-Board ObligationsABSENTEEISM-Board Obligations

Hold management to account Hold management to account

ATTENDANCE IMPROVEMENT ATTENDANCE IMPROVEMENT PROGRAMMESPROGRAMMES

ATTENDANCE IMPROVEMENT ATTENDANCE IMPROVEMENT PROGRAMSPROGRAMS

1. 1. Grounded in quantitative data.Grounded in quantitative data.

2. Policy is clearly described to all employees.2. Policy is clearly described to all employees.3. Focuses on trying to help employees to improve reliability.3. Focuses on trying to help employees to improve reliability.4. Places emphasis on employees exceeding norms.4. Places emphasis on employees exceeding norms.5. It is non-disciplinary.5. It is non-disciplinary.6. The focus is on medical rehabilitation.6. The focus is on medical rehabilitation.7. There is a requirement for a prognosis.7. There is a requirement for a prognosis.8. Discussion may involve the Duty to Accommodate.8. Discussion may involve the Duty to Accommodate.9. Employees may successfully migrate out of the program.9. Employees may successfully migrate out of the program.10. The organization is strongly committed to the program.10. The organization is strongly committed to the program.

ABSENTEEISMABSENTEEISMCulpable vs. Non-culpable BehaviourCulpable vs. Non-culpable Behaviour

CulpableCulpable InnocentInnocent

A.W.O.LA.W.O.L SickSick

DisciplineDiscipline No disciplineNo discipline

# of incidents# of incidents# of days# of days

Termination for CauseTermination for Cause Non-blameworthy terminationNon-blameworthy termination

DUTY TO ACCOMMODATE-DUTY TO ACCOMMODATE-Board ObligationsBoard Obligations

Hold management to account to manage Hold management to account to manage thisthis

ONTARIO HUMAN RIGHTS CODE ONTARIO HUMAN RIGHTS CODE

““Disability” means:Disability” means:a)any degree of physical disability, infirmity….or physical a)any degree of physical disability, infirmity….or physical

reliance on a guide dog or other animal or on a reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or devicewheelchair or other remedial appliance or device

b)a condition of mental impairment or a developmental b)a condition of mental impairment or a developmental disabilitydisability

c)a learning disability…c)a learning disability…d)a mental disorderd)a mental disordere)an injury or disability for which benefits were claimed or e)an injury or disability for which benefits were claimed or

received under the insurance plan established under the received under the insurance plan established under the Workplace Safety and Insurance Act, 1997 Workplace Safety and Insurance Act, 1997

It is the responsibility of persons with It is the responsibility of persons with disabilities to: disabilities to:

inform their employers of their needs; inform their employers of their needs;

cooperate in obtaining necessary information, including medical or cooperate in obtaining necessary information, including medical or other expert opinions; other expert opinions;

participate in discussions about solutions, and participate in discussions about solutions, and

work with the employer and union on an ongoing basis to manage work with the employer and union on an ongoing basis to manage the accommodation process. the accommodation process.

Quoted from the Human Rights WebsiteQuoted from the Human Rights Website

Unions and professional associations Unions and professional associations must:must:

take an active role as partners in the accommodation process; take an active role as partners in the accommodation process;

share joint responsibility with the employer to promote share joint responsibility with the employer to promote accommodation, and accommodation, and

support accommodation measures regardless of the collective support accommodation measures regardless of the collective agreement. agreement.

Employers are required to:Employers are required to:

accept requests for accommodation in good faith; accept requests for accommodation in good faith; request only information that is required to make the request only information that is required to make the accommodation; accommodation; obtain expert advice or opinion where necessary; obtain expert advice or opinion where necessary; take an active role in ensuring that possible solutions are take an active role in ensuring that possible solutions are examined; examined; maintain the confidentiality of persons with disabilities; maintain the confidentiality of persons with disabilities; deal with accommodation requests in a timely way, and deal with accommodation requests in a timely way, and bear the cost of any required medical information or bear the cost of any required medical information or documentation. documentation.

Everyone involved must treat human rights issues arising in Everyone involved must treat human rights issues arising in the workplace seriously and respectfully. the workplace seriously and respectfully.

Can the work be modified short of “undue Can the work be modified short of “undue hardship?”hardship?”

Work re-design, reconfiguration of tasksWork re-design, reconfiguration of tasks

alternative schedules and hoursalternative schedules and hours

re-assignments and other available jobsre-assignments and other available jobs

use of equipment, assistive devicesuse of equipment, assistive devices

temporary rehabilitative programstemporary rehabilitative programs

What is “undue hardship?”What is “undue hardship?”

CostCost– size of operationssize of operations– level of costlevel of cost– budget situationbudget situation– outside sources of fundingoutside sources of funding

Health & Safety requirementsHealth & Safety requirements

Contractual obligationsContractual obligations

How does this All Link TogetherHow does this All Link Together

The Board’s PlanThe Board’s Plan

The Board prepares its three year planThe Board prepares its three year plan

As an example, it sees opportunities to As an example, it sees opportunities to align with schools (improve accessibility) align with schools (improve accessibility) or introduce RFID (cost saving and/or or introduce RFID (cost saving and/or better inventory control and/or better inventory control and/or redeployment of people) redeployment of people)

The Union’s PlanThe Union’s Plan

Better enshrine job security in the Better enshrine job security in the collective agreement by limiting collective agreement by limiting technological change, disallowing erosion technological change, disallowing erosion of the bargaining unit through of the bargaining unit through subcontracting and introducing stiffer subcontracting and introducing stiffer termination provisionstermination provisions

What will happen?What will happen?

Let’s discussLet’s discuss

Final CommentFinal Comment

Don’t allow the process to become Don’t allow the process to become politicized from the perspective of politicized from the perspective of industrial relations at the Board level-you industrial relations at the Board level-you are the Employer!are the Employer!