Learn how to:

• Diagnose when and how conflict escalates
• Understand the context and purpose of a grievance
• Consider your options when a grievance is filed
• Prepare for and take control of the grievance meeting
• Deploy your skills most effectively during the grievance process
• Strategically choose mediation or arbitration as an option for resolution
• Conduct a grievance analysis before a round of collective bargaining

a) The rules of the road

Much of the grievance process is grounded in law, so that’s where we start. In no time, you’ll have an understanding of the basic legal foundation.

• What is a grievance?
• How is it linked to collective bargaining?
• What are the typical boundaries and scope of a grievance?
• Which sorts of outcomes are predictable?
• When can a grievance be reviewed?

b) Conflict escalation and containment

There’s both art and science to recognizing, assessing, and preventing conflict from escalating into a formal grievance. Learn to identify the stages in conflict escalation and acquire the techniques for controlling conflict. Come away with a practical five-stage conflict escalation model with immediate practical benefit for reducing workplace “temperature.”

Best of all, test your understanding of this tool in a scripted scenario and, in a safe workshop setting, discuss methods of intervention. And working in a small group, compare your judgment in real-life cases against actual decisions made by arbitrators.

c) Case studies: Learning from disasters

From a Safe Workplace Advocate at a hospital, hear the story about how an “ordinary” grievance process contributed to a workplace tragedy.

From a Union Counsel, learn how the merger of two Canadian airlines generated hundreds of grievances relating to seniority, layoffs, pensions, and benefits.

• What creative solutions were developed to work through these situations?
• What was learned?
• How can each of us translate these lessons into practical applications in our own workplaces?

d) How to assess options clearly under pressure

It’s then time to get your hands dirty: working in a group, you will be presented with a unique workplace disaster scenario. You will have one hour to brainstorm systematic grievance procedure designs and solutions to the problem. Reconvene with session leaders to discuss the options you developed. Learn how your colleagues addressed the issues.

e) How to be a strong advocate

The basis of effective grievance handling are thorough preparation and solid advocacy, communication, and negotiating skills. In this session, you learn:

• How to conduct a preliminary complaint investigation
• How to prepare for grievance meetings
• How to apply strategic analysis of grievances for early resolution
• How to negotiate at grievance meetings

Join the session leader in a discussion on key issues and questions that inevitably arise.

• What information should or should not be revealed at early stages?
• What should the grieving party or supervisor say and do in grievance meetings?
• Which types of negotiating strategies can be employed during grievance meetings?
• What is the best way to communicate for maximum impact?

f) Following the mediation and arbitration routes

Grievance mediation and arbitration each demand a specific skill-set and understanding. Learn - and practice - the difference between the two in role plays. You are asked to take on a role and, guided by confidential information, play out a scenario that will be resolved through the mediation process. Then, the exact same scenario is played out through an arbitration process. Get on-the-spot coaching along the way.

• What are the strengths and weaknesses of grievance mediation and arbitration?
• When would you choose either process?
• When would you make a process shift, and move from one process to the other?
• How should you make that shift?

g) Feeding the collective agreement

Strategic grievance handling inevitably translates into strategic labour relations. In this closing session, we make the connection to the all-important bargaining relationship and review the processes that nurture that relationship.

• What are the best practices in tracking grievances, planning the negotiating agenda, and achieving consensus in your grievance and bargaining committees?
• Which processes work best in the private and public sectors?
• What are the economic realities of grievance mediation or arbitration?

Interactive Learning

Participate in a number of grievance role plays that allow you to practice negotiating techniques and test assumptions in a safe environment, and receive on-the-spot coaching. Learn how to use the conflict escalation model in a scripted scenario by deciding, in your small group, the best intervention to make, and then learn how the professionals approached the same scenario.

Takeaways

• Five-stage conflict escalation model
• Grievance preparation check-list

Organizational and Union Benefits

• Enhanced in-house capacity to handle grievances
• Reduced time and legal costs spent on arbitration
• Poised and well-grounded responses to changing labour laws and legal issues
• Well-grounded positions going into collective bargaining

This program is geared to supervisors and managers who oversee unionized staff as well as union officials, shop stewards, and others who represent workers.

Elaine Newman

Elaine Newman, Ba, LL.B., LL.M., was called to the bar in Ontario in 1979.

Elaine is a very experienced full-time arbitrator and mediator, specializing in labour relations, employment, and human rights matters. She is a teacher, an author, and frequent speaker on labour, employment and human rights issues.

Elaine was associate director of the LLM program in Labour Relations and Employment Law at Osgoode Hall Law School 2002 to 2008.

She is lead instructor for the Advanced Dispute Resolution Course at Atkinson Faculty, York University, where she teaches the Ethics of Mediation course, and the Advanced Practicum course.

She is currently designing the Mediators' Ethics Educational Program for Ontario's ADR Institute.

In 2009, she served as Chair of the Ontario Bar Association Task Force on Wrongful Dismissal.

Having practiced law for thirty-one years, Elaine is now trying to develop the other side of her brain, and is studying art. She will happily show her paintings to anyone who asks, if they are prepared be supportive.

Elaine presents at the following IRC program(s): Labour Relations Foundations, Strategic Grievance Handling

Toronto: The Old Mill Inn (May 01-04, 2012)

Queen's University IRC is proud to present this program at The Old Mill Inn, located at 21 Old Mill Road, Toronto. Please contact the Inn directly for rate information and to book your accommodation. Phone 1-866-653-6455 or visit the Inn's web site at http://oldmilltoronto.com/index.php

Toronto: The Old Mill Inn (Oct 09-12, 2012)

Queen's University IRC is proud to present this program at The Old Mill Inn, located at 21 Old Mill Road, Toronto. Please contact the Inn directly for rate information and to book your accommodation. Phone 1-866-653-6455 or visit the Inn's web site at http://oldmilltoronto.com/index.php

Victoria: Victoria Conference Centre (Nov 20-23, 2012)

Queen's University IRC is pleased to present this program at the Victoria Conference Centre. The facility is located in downtown Victoria, attached to the historic Fairmont Empress Hotel, at 720 Douglas Street, Victoria. For more information on the facility please visit their website at www.victoriaconference.com.