OLBA
What the Board Should Know about
Working with a Unionized Workforce!
Today’s 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
Lofty Thoughts
Pebble in the Pond
Philosophy/Principles
Philosophy/Principles
Policies
Philosophy/Principles
Policies
Procedures
Philosophy/Principles
Policies
Procedures
Practices
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 upto-date.
to obey all laws and statutes that apply to the
organization.
From the Human Resources Council for the
Voluntary/Non-Profit Sector
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
growth
• To encourage cooperative
participation of employers
and trade unions
• To promote expeditious
resolution of workplace
disputes
Union (Role and Responsibility)
“Every person is free to join a trade union
of the person’s 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 1970’s
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
 THEIR PRESENCE IN HEAVILY UNIONIZED PUBLIC
SECTOR
 THEIR MOVEMENT INTO TRADITIONAL MALE WORK
 RISING UNIONIZATION OF PART TIME/TEMPORARY WORK
 UNIONIZATION IN SERVICE SECTOR, MOSTLY FEMALE
Top 10 Unions in Canada
2003
2005
CUPE
522,000
535,00
NUPGE
325,000
337,000
USWA
180,000
280,000
CAW
268,000
265,000
UFCW
220,000
188,000
PSAC
150,000
153,000
CEP
150,000
150,000
TEAMSTERS
110,000
110,000
FEDERATION DE LA SANTE
ET DES SERVICES SOCIAUX
101,000
101,000
LABOURER’S
INTERNATIONAL
80,000
85,000
SEIU
78,000
84,000
CUPE
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.
CUPE’S 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
THE COLLECTIVE
AGREEMENT
1.
2.
3.
4.
5.
6.
7.
8.
9.
Articles of particular
importance include:
Recognition
Management Rights
Hours of Work
Seniority
Scheduling
Discipline
Job Posting;
promotions
Performance reviews
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
Culpable
Innocent
A.W.O.L
Sick
Discipline
No discipline
# of incidents
# of days
Termination for Cause Non-blameworthy termination
DUTY TO ACCOMMODATEBoard 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 Board’s 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 Union’s 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?
Let’s discuss
Final Comment
Don’t allow the process to become
politicized from the perspective of
industrial relations at the Board level-you
are the Employer!