Queen's University IRC

Queen's University

Strategic Grievance Handling

ALR 401
4 Credits

Developing Techniques and Processes to Manage Grievances Efficiently

The number of outstanding grievances is one of the most telling indicators of the state of labour relations in a unionized environment. Considering legal costs and reduced productivity, it is also a very expensive indicator for both employers and unions. Like taxes, grievances are impossible to avoid. But strategic practitioners can reduce their frequency. There are measures you can take before grievances are launched. There are measures you can take during the grievance procedure, and during mediation and arbitration process to lessen the impact on employees, the union, and the organization. That’s where this program comes in.

Strategic grievance handling is a thoughtful approach to labour relations. It involves identifying workplace-wide issues and problems, then analyzing the way in which individual grievance management can address those issues. A long-term goal can then be developed for solving the systemic issues. You will come away from this program with the big-picture perspective, as well as the skills that you can use back at work to confidently handle all steps in the grievance process.

Tour of the Program

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 Access 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 allimportant 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?

Learning Outcomes

By the end of this four-day program, you will be better positioned 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

Benefits

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

Takeaway Tools

  • Five-Stage Conflict Escalation Model
  • Grievance Preparation Checklist

Who Should Attend

Supervisors and managers who oversee unionized staff as well as union officials, shop stewards, and others who represent workers.

Facilitators and Speakers

Lead Facilitator(s)

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 served as Associate Director of the LL.M. program in Labour Relations and Employment Law at Osgoode Hall Law School 2002 to 2008.

She was lead instructor for the Advanced Dispute Resolution Course at Atkinson Faculty, York University for ten years, where she taught the Ethics of Mediation course, and the Advanced Practicum course. She is a frequent guest speaker at Queen’s University...

Read the full bio for Elaine Newman


Guest Speaker(s)

Blaine Donais

Blaine Donais (B.A., LL.B., LL.M., RPDR, C. Med., WFA) is President and Founder of the Workplace Fairness Institute. Blaine is an expert in labour/management facilitations, mediation, and investigation. He teaches human resources professionals, labour leaders and others in areas such as human rights, labour and employment law, human resources, collective bargaining and conflict resolution.

Blaine is author of Workplaces That Work: A Guide to Conflict Management in Union and Non-Union Work Environments (Carswell, 2006), and of Engaging Unionized Employees: Employee Morale and Productivity (Carswell, 2010) and The Art and Science of Workplace Mediation (Carswell, 2014). Blaine is an...

Read the full bio for Blaine Donais


Dawn Ricker

Dawn Ricker, Senior Advisor of Dispute Resolution and Support for Wilfrid Laurier University, has a 25-year history of working with people and organizations in crisis, implementing community programs and developing institutional supports for people experiencing marginalization, victimization, harassment and discrimination.

During her tenure as the Executive Director of Windsor and Essex County, Dawn was a member of the Sexual Assault Advisory Committee, and a team member appointed to conduct the Domestic Violence Safety audit of the Windsor police service. She co-created and implemented a group treatment program for female political torture survivors. She initiated the creation of a multicultural liaison...

Read the full bio for Dawn Ricker


Lori Aselstine

As a career civil servant, Lori Aselstine has over 33 years of experience in the fields of program management, human resources and labour relations. Lori has worked in all regions of Ontario, in small, medium and large operational ministries, as well as in central agency ministries. She honed her HR leadership skills through a variety of roles, including HR generalist, compensation specialist, LR advisor, manager of LR and HR consulting services, manager of collective agreements administration, director of Ontario Public Service labour relations, director of Broader Public Sector labour relations and director of strategic human resources business.

In the area of labour relations, Lori has extensive experience...

Read the full bio for Lori Aselstine


Rick Russell

Rick Russell has been working full time in the dispute resolution field for over 25 years, first as the Ombudsman to McMaster University in Hamilton, Ontario then as a commercial mediator in a full service conflict management firm he co-founded. 

Rick has a busy mediation and facilitation practice specializing in commercial, construction and workplace issues, as well as conflict management training, facilitation and construction partnering.  He also works frequently in the area of workplace investigation and fact-finding, workplace assessment and restoration, conflict coaching and advanced conflict management training. Rick serves on the faculty of highly regarded programs at both University of Waterloo’s Conrad...

Read the full bio for Rick Russell


*The roster of speakers is subject to change.

Venues and Accommodations

*If no venue information is indicated, the program venue has not been finalized. Queen's IRC programs are usually held at a hotel. Please check back at a later date or contact Queen's IRC at 1-888-858-7838 for additional information.

Frequently Asked Questions

How do I register for a program?

You can register online, call us toll-free at 1-888-858-7838, or email us at irc@queensu.ca. Once you register, we will send you a confirmation by email. Information about the program location, check-in time, and the agenda will follow.

How do I pay for the program?

If you are registering online, you may pay by Visa or MasterCard. You may also choose to be invoiced first, and pay by cheque (payable to Queen's IRC) or credit card. You may also wish to call us with your credit card number to make the payment.

If your organization is tax exempt, we will require a copy of your tax exemption certificate.

Do you offer discounts?

Yes. We offer an Early-Bird discount. If you register 60 days before the start of a program, you will save $300 on the tuition of four- and five-day programs, and $150 on two- and three-day programs.

If you register three people from the same organization in the same program at the same time, you will receive a 10% discount on program fees. If you register five or more people in the same program at the same time, you will receive a 20% discount.

If you know you will be pursuing a Queen's Certificate and would like to remit tuition in one payment before your first program, we offer a special fee with a considerable saving. Contact us at irc@queensu.ca for more information.

Please note that only one discount may be applied.

What is included in the registration fee?

Program fees include tuition, workbook materials, lunches, and some dinners. You are responsible for transportation, accommodation, and some meals.

Once I enroll in a program, may I cancel without penalty?

Substitutions are permitted with no penalty 8 days or more from the program start date.
Substitutions 7 days or less before the program start date will be subject to a $500 charge.
Transfers and cancellations are permitted with no penalty up to 15 days prior to the program start date.
Transfers and cancellations 14 days or less from the program start date will be subject to a 100% charge of the program fee.

Where does the program take place?

Our programs typically take place at a hotel. This information can be found in the tab above, called Venue and Accommodations.

I would like to make my travel plans.  What are the start and end times for the program?

Strategic Grievance Handling starts at 8:30 a.m. on the first day. (Registration runs from 8:00 - 8:30 a.m.)

The program finishes at 3 p.m. on the last day.

If I am working towards a Queen's IRC Certificate, which course should I take first?

You may take the programs in any order that reflects your learning needs at the time. Our certificates feature a core program or programs that introduce you to what we consider the core competencies of the field. The remaining programs offer a deeper exploration of each area. For this reason, we find that participants in the certificate stream benefit most by taking the foundational program first.

My level of expertise is above the foundational program for the certificate I am working on. Do I still need to take that program to earn a certificate?

Queen's IRC offers participants maximum flexibility to customize their individual training needs. Upon request, participants with advanced expertise may skip the foundational program, and choose another program from our entire program lineup, for credit towards a certificate. Participants must earn 12 credits to earn a certificate.

How long do I have to complete a certificate?

We attach no timeline for achieving your certificate. Once you have earned a credit, you have earned the credit. We do recommend, however, that participants complete their certificate within one to six years. Most people earn their certificates within three years.

What if I want to take one of your programs but do not want to pursue a certificate?

That's fine. All of our programs may be taken individually, and you can mix and match the courses in labour relations, human resources and organization development, depending on your learning needs. At the conclusion of each program, you are given a certificate of completion.

I have taken a custom program with the IRC. Will this count towards a certificate?

Yes. Participants who take an IRC custom program may also use their training days as credits towards a certificate.

If I have other questions, who may I speak with personally?

For a program registration query, please feel free to call us at 1-888-858-7838 or 613-533-6628. To reach the Director and staff members, consult our online directory. To reach one of our facilitators, please contact Stephanie Noel at 613-533-6000 ext. 77088 or stephanie.noel@queensu.ca.