unit5S (2).pdf

Unit 5 LABOUR AND EMPLOYEE RELATIONS “ A cluster of competencies related to managing the relationships between employer and employees.” Learning Outcomes This unit will assist your preparation to answer questions related to the following CKE competencies: C114 Focus collaboration between man...

Unit 5 LABOUR AND EMPLOYEE RELATIONS “ A cluster of competencies related to managing the relationships between employer and employees.” Learning Outcomes This unit will assist your preparation to answer questions related to the following CKE competencies: C114 Focus collaboration between management and employees/unions on the end goal of a productive and engaged workforce. C115 Champion respectful communication in all interactions between the employer and employees. C116 Maintain knowledge of the details of collective agreements in place in the organization and in related organizations. C117 Maintain knowledge of the legislation that affects the HR practices at the organization. Learning Outcomes (cont’d) This unit will assist your preparation to answer questions related to the following CKE competencies: C119 Manage the risk of litigation and conflict in all interactions with employees. C120 Evaluate the risks associated with alternative labour and employee relations strategies. C121 Evaluate the benefits associated with alternative labour and employee relations strategies. C124 Analyze the overall strengths and weaknesses of alternative labour and employee relations strategies. Learning Outcomes (cont’d) This unit will assist your preparation to answer questions related to the following CKE competencies: C127 Negotiate to resolve labour and employee disputes. C128 Participate in mediation processes in an effective and balanced manner. C129 Participate effectively in or facilitate arbitration proceedings. C133 Manage cases appearing before tribunals. Learning Outcomes (cont’d) This unit will assist your preparation to answer questions related to the following CKE competencies: C130 Identify institutional structures or practices that may present barriers to some facet of diversity. C131 Develop an effective program to remove institutional structures or practices that present barriers to some facet of diversity. Unit 5 LABOUR AND EMPLOYEE RELATIONS Module 1: Introduction to Industrial Relations, Employee Relations and Labour Relations Industrial Relations Includes all the employment issues and relationships governing the workplace. For example: The organization of the work environment Employment contracts Human resource management Employment relations Conflict management Employee attitudes and behaviours at work Employee Relations Refers to the direct employer-employee relationship Policies describing the company’s philosophy, rules and procedures for addressing employee-related matters and resolving problems. Employee relations representatives work to ensure that company policies are followed, both fairly and consistently. An employee relations program is not a one-size-fits- all solution. Labour Relations Refers to the relationship between a union or professional association representing employees and their employer. Union certification Collective bargaining Conflict management Maintenance of agreements Dismissal: An example of Differences Non-Union Workers Unionized Workers Employee dismissal without Can seek redress, including cause would lead to two reinstatement. options: Grievance-arbitration Action under with burden of proof on employment standards employer legislation Substantial protection Adjudication through the against arbitrary dismissal courts Can bump others with Best outcome is reasonable less seniority in the case notice and/or money in lieu of downsizing Communication is Key Employees need to be informed of what's going on with the company, including management’s plans and how those plans may affect their jobs. Withholding information can result in mistrust and damage employee morale. Keep workers informed by any number of means, including email announcements, newsletters, employee portals, regular meetings, surveys, focus groups, suggestion boxes, and special communication events. Informal day to day interaction, management by walking around, and social events enhance communication. Unit 5 LABOUR AND EMPLOYEE RELATIONS Module 2: Employment Legislation Employment Legislation Employment legislation applies to almost every aspect of the employment relationship. Most statutes for minimum conditions of employment fall under provincial jurisdiction, unless federally regulated. Fairness in the workplace is a right. Employment Standards Act Employment standards are enforced under the Employment Standards Act, which sets out the minimum standards. The Act makes specific provisions for: Minimum wage Hours of work and overtime Vacation and paid holidays Pregnancy and parental leave Notice of termination for individuals and groups The Ministry of Labour Ministry of Labour administers the Employment Standards Program:  Enforces the Employment Standards Act, and its regulations.  Provides information and education to employers and employees, making it easier for people to understand and comply voluntarily.  Investigates possible violations and resolves complaints. Human Rights Code The Code prohibits actions that discriminate against people based on a protected ground in a protected social area. Protected grounds: Age Gender identity, gender Ancestry, colour, race expression Citizenship Receipt of public assistance (in housing only) Ethnic origin Record of offences Place of origin (in employment only) Creed Sex (including pregnancy and Disability breastfeeding) Family status Sexual orientation Marital status (including single status) Human Rights Code: Protected Social Areas Accommodation (housing) Contracts Employment Goods, services and facilities Membership in unions, trade or professional associations Human Rights Code: BFOQ Bona fide occupational qualification (BFOQ) allows employers to legally discriminate. Vision requirements for pilots Physical strength requirements for firefighters But there is also a legal duty to accommodate individuals who may not meet the BFOQ Pay Equity The gender wage gap is the difference in earnings between men and women. Pay equity looks to close the part of the wage gap that results from systemic gender discrimination in employer pay practices. Factors contributing to the gender wage gap include: differences between male and female education levels work experience, hours worked, unionization, breaks in service due to family and home responsibilities, systemic discrimination. Employment Equity Act Designed to ensure equitable participation in the labour force for four “designated” groups of people that are considered to be under-represented and, therefore, disadvantaged. Applies to federally-regulated industries, Crown corporations and other federal organizations with 100 employees or more, as well as portions of the federal public administration (which includes the Canadian Forces and the RCMP). The Labour Program ensures that the Employment Equity Act and its mandates are applied appropriately. Designated Groups Women Aboriginal peoples – Indian, Inuit or Métis. Persons with disabilities – long-term or recurring physical, mental, sensory, psychiatric or learning impairment who consider themselves to be disadvantaged in employment by reason of that impairment. Members of visible minorities – people, other than Aboriginal peoples, who are non-Caucasian in race or non-white in colour. The requirement to self identify should be outlined in employment policies and collective agreements Employment Equity Encourages the establishment of working conditions that are free of barriers. Corrects the conditions of disadvantage in employment. Promotes the principle that employment equity requires special measures and the accommodation of differences for the four designated groups in Canada. A workforce should represent the population from which the organization attracts its labour, to the degree that they are qualified. Employers have the Duty to Accommodate to the point of undue hardship. Unit 5 LABOUR AND EMPLOYEE RELATIONS Module 3: Certification and Collective Bargaining Why do Employees Unionize? Collective Voice Economic Needs Dissatisfaction with Management Social and Leadership Needs Politics or Ideology How do Organization’s Respond to Unionization? Strategic Choice Framework Long-term Strategic Level – strategic plan Collective Bargaining Level – policies and benefits Workplace Level – work flow and relationships Union Acceptance – accept the fact that they will be unionized Union Resistance – active opposition Union Substitution – eliminating employee desire by providing superior employment conditions Union Removal – union busting leading to decertification How do Organization’s Respond to Unionization? Threaten Suggest the organization will close down if it becomes unionized Intimidate Seek retaliation against those employees in favour of the union Promise Offer to pay better wages or benefits if they remain union free Spy Send secret representative in to attend union/employee meetings The Certification Process Contact between employees and a union representative Organizing meeting Formation of an in-house organizing committee Application to the Labour Relations Board Determination of the bargaining unit Recognition or employee vote Contract negotiations What is Collective Bargaining? Collective bargaining is a process where a union and an employer negotiate either a first collective agreement or the renewal of a previous collective agreement. The parties usually focus on issues like wages, working conditions, grievance procedures, and fringe benefits. When Do Negotiations Start? If a union has just been certified, it will then give the employer written notice of its desire to bargain. If bound by a collective agreement, then either party may give notice to bargain: Usually within the 90 days before the agreement is due to expire, or During any other period set out in the agreement. In either case, the union and the employer must meet within a certain number of days as outlined by labour relations legislation from the giving of notice, unless they agree to some other time period. The Negotiation Process Distinctive features Union–Management negotiations address a broad range of issues. Union–Management negotiations are statutorily regulated. They are conducted by representatives of the parties who have final approval. Union–Management relationships are long term. Collective Bargaining Styles Distributive Bargaining or Positional Bargaining Adversarial. Focuses on one’s position. Two parties compete over the distribution of fixed resources. Both sides strive for maximum personal gain at the expense of the other, resulting in a zero-sum game. Assumes inherent conflict of interest between management and the union. Can result in win-lose outcomes. Control over communication is critical. One spokesperson for each party. Collective Bargaining Styles Interest-Based, Integrative, or Mutual Gains Bargaining Collaborative Positive-sum Game. Focus is on each other’s interests. Results in win-win outcomes. Sharing of information is key to the process. Willingness to share information can be a test of commitment to this joint problem-solving approach. Issues are often resolved through a joint committee structure. Many voices and an array of possible solutions characterize this process.  Other Bargaining Influences Attitudinal Structuring The processes and interactions that lead to the attitudes one party has about the other. A process of identifying mutual interest, distributive, and hybrid issues and negotiating and dealing with them separately builds trust and mutual respect between parties. The Emergent Relationship + + CONFLICT — CONTAINMENT/ — ACCOMMODATION — COOPERATION — COLLUSION AGGRESSION  Other Bargaining Influences Intra-organizational Bargaining The bargaining spokespersons have to respond to two demands – those from across the table and those from their own political organization.  Other Bargaining Influences Bargaining Zone Minimum Acceptable Original Demand UNION'S DEMANDS MGMT'S OFFER Original Offer Maximum Acceptable Bargaining Zone Cannot Agree On Terms Conciliation / Mediation Interest Arbitration Conventional Final-Offer First Agreement Med-Arb. Unit 5 LABOUR AND EMPLOYEE RELATIONS Module 4: The Collective Agreement What is a Collective Agreement? A collective agreement is a written contract of employment covering a group of employees who are represented by a trade union. The agreement contains provisions governing the terms and conditions of the employment relationship. It also contains the rights, privileges, and duties of the employer, the trade union, and the employees. Collective Agreement Provisions Collective agreements generally include provisions that can be classified into four areas: 1. Provisions for rights and obligations of parties, i.e., purpose, definitions, management rights, union recognition. 2. Conditions of employment – i.e.,wages, hours of work, overtime, shift premium vacations, paid and unpaid leave. 3. General work rules - i.e., layoff, transfers. 4. Work environment - i.e., discipline procedures, health and safety, anti-discrimination articles. No-strike/lock-out clauses and grievance and arbitration provisions are mandatory clauses Union and Management Rights Management Rights / Residual Rights These affirm an employer’s right to run the enterprise as it did before unionization, except for changes triggered by the clauses in the collective agreement. Union Security clause: These recognize the union, union rights, officials, and the collection of dues. They also addresses whether employees are required to be union members. Union Security Provisions Canada has four different work/unionized workplaces: 1. Closed Shop: Employers are required to hire and employ only members of a particular union. 2. Open Shop: Union membership is not required as a condition of employment. 3. Union Shop: Employer may hire employees who are not union members, but each employee in the bargaining unit must join the union. Union Security Provisions 4. Agency Shop: All employees in a bargaining unit, as a condition of employment, are required to pay union dues or an equivalent amount, whether or not they choose to be union members Rand Formula: A form of Agency Shop, developed by Justice Ivan Rand in 1946, which provides for mandatory “dues check off” of union dues or their equivalent, but does not require employees to join a union. Regardless of the security clause, individuals can opt out for religious reasons with as amount equivalent to their union dues directed to a charity. Other Labour Relations Terms Union Density: The percentage of workers in the labour force who are union members. Yellow Dog Contract: The former practice of requiring employees to sign a contract indicating they would not join a union. Today this is illegal. Whipsaw: A union negotiating tactic that plays one employer off against another. Job Control: A collective agreement clause that limits job assignment freedom. Other Labour Relations Terms Estoppel: When a clause in the collective agreement is not upheld, it can be claimed that the party it advantages has given up their right to that clause. Bumping: The ability of a displaced worker to ‘bump’ another worker with lower seniority from their job. Labour Relations Disruption Strike: A legal work stoppage by employees. Wildcat strike: An illegal work stoppage. Work to rule: A form of strike resulting in a reduction in productivity. Essential Service Agreement: This restricts the ability to strike for workers whose absence may significantly impact public interest. Lock-out: A legal work stoppage by the employer. Union Representatives Business Agent: Employed by the union to represent their affairs, negotiate agreements, and handle grievances. Shop Steward / Union Steward: Someone that is employed by the employer’s organization and elected by his/her peers to be their on-site representative. Chief Steward: The employer’s most senior shop steward. The Bargaining Agent = The Union Unit 5 LABOUR AND EMPLOYEE RELATIONS Module 5: Dispute Resolution  What is a Grievance? The definition of what constitutes a “grievance” is usually defined in a collective agreement. An alleged violation of the collective agreement and a claim for redress of any damages. It provides a forum for the resolution of disputes arising from the collective agreement without a work stoppage. When a formal grievance is submitted, employers are obliged to meet with the union even if they think that the contract has not been violated. The grievance procedure is required by labour legislation. Two Categories & Three Types Categories Application Grievance — when the parties agree on the meaning of the clause but not on its “application” to a situation. Interpretation Grievance — when the parties do not agree on the meaning of the clause. Types Individual — applies to one person. Group — a number of employees that file the same grievance together. Policy — a grievance impacts the interpretation of a clause such that it could impact everyone. Issues Most Commonly Grieved Discharge and discipline are the most common grievances. Other issues: Seniority Job postings Overtime Health and safety Negative performance reviews Prior to Submitting Grievance 1. Completely research the case. 2. Don’t miss deadlines. 3. Approach it as if it will lead to an arbitration. 4. Look at past practice. 5. Try and resolve it informally. Grievances involve a “progressive” process. Steps in the Grievance Process Step 4: Scheduled for Arbitration Step 3: Presented to more senior management and union representative Step 2: Presented to more senior management Step 1: Presented in writing to management Alternate Dispute Resolution Any process involving a neutral party. Arbitration and mediation are considered alternative dispute resolution methods, but so are conciliation, fact finding, facilitation, mini-trials, negotiation, and the use of ombudspersons. The purpose is to resolve complaints efficiently and avoid litigation. When arbitration is used to settle grievances, it is referred to as “rights arbitration”. Arbitration An arbitrator performs a function similar to a judge or court by making a binding decision to resolve the dispute between the parties. Occasionally, collective agreements prescribe that grievances be heard and decided upon by one person acting as a sole arbitrator. More common is the appointment of a three-person arbitration board. The union and the employer would each select a member, and those two members, agree on a chair. Mediation The attempt to settle a legal dispute through the active participation of a third party (mediator), who works to find points of agreement and encourage those in conflict agree on a fair result. Less formal that arbitration, as the mediator acts as a ‘facilitator’ and not as a judge. Mediation has become more frequent in contract and civil damage cases. Financial costs are less than fighting the matter in court and may achieve an earlier settlement and an end to anxiety. Mediation is non-binding and does not always result in a settlement. Unit 5 LABOUR AND EMPLOYEE RELATIONS Module 6: Diversity Management Our Diverse Workforce Sexual Orientation Differences Supporting a Diverse Culture Organization Reputation Senior leaders are role models. Culture values mutual respect. Differences are celebrated. Diversity training is provided. Equality is a Priority Inclusion of everyone. Equal performance expectations. Equal recognition. Equal pay. Supporting a Diverse Culture Career Opportunities Special Assignments Promotion. Mentorship Programs Training & Development. Flexible Work Arrangements Hiring Practices Outreach programs. Employment equity. Bias-free candidate assessments. Supporting a Diverse Culture Management Interaction Employees are all taken seriously. Employees’ capabilities are recognized. Communication is receiver oriented. Cultural beliefs and needs are respected. Disrespect within the team is not tolerated. Benefits of a Diverse Culture Broadens the labour pool. Increases innovation and creativity. Enhances customer service satisfaction. Improves company reputation. Create competitive advantage. Greater financial returns. This concludes our review of Unit 5: Labour and Employee Relations.