These are challenging times for public-sector finances, private-sector growth in a sputtering economy, and hard conversations at the collective bargaining table. With so many issues on the macro level, we sometimes lose sight of the day-to-day working relationship for all of our employees and bargaining unit members. For the vast majority of unionized and non-unionized workers, it is the day–to-day interactions that determine whether the workplace is a productive, engaged environment, or one that preoccupies everyone with conflict, grievances and problems. Where each workplace falls on that spectrum will largely determine productivity, quality, absenteeism, as well as retention and recruitment. In other words, success often depends on what we do each and every day in the union-management relationship.
Jointly Building a Productive, Constructive Workplace
To achieve a healthy workplace that leads to commitment and engagement, there are some important best practices that can be implemented, jointly, by the union-management partnership. Consider some or all of the following five best practices for managing in a unionized workplace:
1. Joint Training for Supervisors and Stewards
There is still a common mindset among management that once an employee is elected to the union, they now work for somebody else. Nothing could be further from the truth. The reality is that companies train their employees year in and year out – skill building is one of the best investments in the workplace. Yet union stewards and members of the executive do not cease to be employees when they take on a union role. In fact, they are even more engaged in the success of the business than they were before, now being responsible for hundreds, if not thousands, of employees/members. So, why wouldn’t the company consider their training just as important as any other workplace role?
Some of the most effective training that supervisors and stewards can receive is how to resolve issues at the front line. Skills-based training on joint problem-solving and conflict resolution can pay major dividends for both the company and the membership when stewards and supervisors are skilled at identifying and working together to resolve issues. As part of the training, both parties should be then expected to address issues at the front line, and not simply pushing them into the grievance process that often results in delays, simply because the front-line interface is ineffective.
2. Application of Discipline
Another area for joint training for supervisors, managers, stewards and the union executive, is on the fair and appropriate application of discipline. Discipline is poorly understood and even more poorly applied in many workplaces, resulting in anger, frustration, disengagement and inappropriate behaviour on both sides.
A transparent, fair, and clear discipline process that is jointly understood and applied benefits everyone in the workplace, including individuals who may indeed receive it. Most importantly, discipline should be preceded by clear discussion and engagement with the employee wherever possible and appropriate, to minimize “surprises”. After all, properly applied discipline has only one purpose – to change and align behaviour. Almost everyone, when treated fairly, will make the changes required. And when the union and management are both applying the process fairly – and holding each other accountable – everyone benefits.
By training all leaders in the workplace on the proper and effective use of discipline, and with all leaders knowing and understanding the process, formal discipline will be what it is supposed to be – a last resort, not the first action taken.
3. Labour-Management Committee
Most workplaces have some version of a labour-management committee (LMC), or an employee relations committee. Regardless of the title, it is a forum for raising and addressing issues on a regular basis.
If your LMC doesn’t have operating principles or guidelines, it will not be as effective as it could be. Many LMC’s become dysfunctional very quickly, simply because the two parties have different views on the purpose and running of the committee that quickly degenerates into conflict. One of the first steps an effective LMC should take is to establish joint operating guidelines that will help ensure the committee’s success. The collective agreement often defines who attends, how many from each side, and how often the committee must meet. That is a start, but nowhere near enough structure for the committee to succeed. A better approach and framework is needed.
For example, some common operating principles, beyond those mentioned above, may include:
- Agenda: Who puts the agenda together, how much time is allocated for each item, what type of issues come to LMC, and a commitment from both parties to bring issues needing resolution to the table. Management must watch the tendency to see LMC as “the union’s meeting”, and end up seeing the meeting as nothing more than “extra work”. The union must watch for the tendency to bring everything, including individual employee issues, to this table. Both parties should agree on the scope of issues that appropriately land on the LMC agenda.
- Minutes: Decide early what “minutes” will mean for the teams. Often, the default is to try and capture what each party, or every individual, says during the meeting. This is often unwieldy, and creates far too much formality for an effective LMC. Successful committees often just capture a short description of the issues raised, the decision or agreement made at LMC, or the next steps with a name and date for completion attached.
- Problem-solving: The most common trap at LMC’s is the belief that the goal of the committee is to argue. Nothing could be further from the truth – the goal is solving problems that arise in every workplace. And arguing has no place in problem-solving. Operating principles that identify good data collection on an issue, followed by developing options for solving, or at least improving the situation, bring both parties together in finding better outcomes. Arguing simply polarizes the parties, making even simple issues hard to resolve.
- Other Guidelines: There are other simple guidelines, such as timing, reporting back, joint sub-committees to do more in-depth analysis, and ensuring everyone has a chance to be heard, that all contribute to both parties being a part of the solution. And at the end of the day, any important issue that is not resolved can still be grieved or brought to bargaining – with a great deal more information and understanding attached.
4. Communications are Key
Communicating is simply not enough. In today’s environment, over-communication is the order of the day. No one in labour relations likes to be surprised, on either side. When addressing issues, make a joint commitment to keep each other in the loop, discuss expectations of confidentiality, and never let your partner end up with egg on their face. They’ll simply be frying up a new omelette to return the favour. With clear and simple guidelines, both parties can stay in the loop without disadvantaging anyone, nor either party feeling like they have given up their autonomy. A healthy union-management relationship pays many more dividends to both parties than “tricking” or surprising the other party ever did.
5. Joint Communications
For any important workplace issue, management and their union(s) should look toward joint communications, wherever possible. For example, after finalizing a new collective agreement, the parties should jointly communicate the changes and the rationale behind them. Often, each party communicates to their own stakeholders – management to supervisors, the union to stewards and perhaps their membership. The problem, of course, is that they frequently communicate different messages, setting the workplace up for immediate conflict and grievances. The process of jointly crafting the information and messaging often helps the parties better apply the new language in a fair and direct way. Other areas include changes to legislation, significant workplace changes, policy changes, etc. Both parties will benefit far more from joint communication to employees/members than they ever will gain by putting significant “spin” on it in their favour.
Labour relations is an ongoing process of change, more so now, it seems, than in the past. Major issues such as demographic change, changes in attitudes toward government, international trade, retirement, and types of pension plans are the new normal across Canada. By aligning management and union processes in the workplace in all areas where there is mutual benefit, we all help create healthy and more sustainable workplaces for the future.
About the Author
Gary Furlong has extensive experience in labour mediation, alternative dispute resolution, negotiation, and conflict resolution. He has delivered collective bargaining negotiation skills training for both management and union bargaining teams across Canada, bringing a strong focus of effective and collaborative skills to the table. Gary also conducts relationship building interventions to strengthen day-to-day union-management effectiveness away from bargaining. He has worked with a wide range of companies in the private sector, in the public sector with municipalities, provincial governments and the federal government, and with unions including Unifor, Teamsters, CUPE, ONA, OPSEU, and PSAC. Gary is past president of the ADR Institute of Ontario, is a Chartered Mediator (C. Med.) and holds his Master of Laws (ADR) from Osgoode Hall Law School. Gary is the author of The Conflict Resolution Toolbox, John Wiley and Sons, 2005.
Check out the Queen’s IRC Managing Unionized Environments joint training program to learn more about managing the day-to-day relationships within a collective agreement.
Labour unions are at a critical time in history. Unions are working to engage the current membership and exploring new innovative communication strategies that are needed to reach the younger generation in a meaningful way. Gone are the days of the bulletin board as the primary sources of union news and updates. People are busy and it’s a challenge to draw the membership out to a meeting. It was not too long ago when local arenas were filled to capacity to hear the local union president address the membership. Email, text message, Twitter and Facebook are popular forms of communication in the fast-paced world of work, and the membership is demanding multiple communication platforms to access. Contrary to popular belief, union members are interested in their union; they simply don’t have the time to participate in the traditional model that is in place, the membership meeting.
The labour movement in Canada has a long and proud history of success and positive community involvement. Throughout the years however, union membership levels across North America have been on a steady decline. Many would argue the decline in the ranks of unions is attributed to stronger labour laws protecting workers, less interest by the young workers entering the workforce and a more transient workforce demanding flexibility and merit over seniority. These arguments, although attractive on the surface, are easily discredited with a minimal amount of research and thought. Some would argue that legislation is in place to protect workers’ rights. However, the legislation traditionally provides basic minimums in employment. Like any piece of legislation, the rights an employee enjoys and relies on can be taken away with the stroke of a pen. Corporate lobbying has taken a toll on legislation designed to protect workers, leaving gaps and holes making the legislation toothless when enforcement is required. Unions are still needed to protect workers, and they are an important part of the future of labour. There are still many workers who work in less than ideal conditions. But like any other organization, unions need to change and adapt to the changing world.
Derik McArthur began his career with the Retail, Wholesale and Department Store Union (RWDSU) after graduation from Confederation College with dual diplomas in Human Resources and Human Resources Management. In 2005, he was elected as president, RWDSU Canada, and as RWDSU International Vice-President/Canadian director. The following year, he was elected to international Vice-President of the United Food and Commercial Workers International Union (UFCW) – a union that represents 1.4 million members in North America. In 2012, Derik lead RWDSU Canada, the Northern Joint Council and the 11 RWDSU locals in a merger with UFCW local 175 & 633 creating UFCW’s largest local union in North America, boasting a membership of over 74,000 members. Derik is now a director with UFCW local 175 & 633 based in Mississauga, Ontario. Derik holds a BA in Justice Studies and an MA in Interdisciplinary Studies from Royal Roads University. In his spare time Derik is an active member of the Canadian Forces Army reserve.
Unions face many negative perceptions, such as the notion that union workers are lazy, under worked, have job security for life, and enjoy gold-plated benefits and pension packages that others can only dream about. In light of this, how can unions overcome their PR problem?
The Ontario mining industry in the mid-70’s faced accident rates higher than any other industrial sector. In 1976, there were 19 fatalities, 12.5 lost time injuries (LTI’s) per 100 workers. Wildcat strikes by miners in Elliot Lake and considerable political pressure on a minority government, led to the creation of the Royal Commission on Health and Safety of Workers in Mines. It was headed up by Dr. James Ham, an engineering professor from the University of Toronto. The report, known as The Ham Report, was tabled on June 30, 1976 and it changed the occupational health and safety system in the province of Ontario – and not just for the mining sector.
Vic Pakalnis, P. Eng., MBA. M. Eng., is the President and Chief Executive Officer of MIRARCO Mining Innovation. He received his mining engineering degrees from McGill and an MBA from Queen’s. He has over 30 years of experience in occupational health and safety at the Ontario Ministry of Labour. He served as the Amethyst Fellow at the Queen’s School of Policy Studies and as the Kinross Professor in Mining and Sustainability at the Queen’s Buchan Department of Mining Engineering. In 2012, he relocated to Sudbury to head up MIRARCO Mining Innovation at Laurentian University, Sudbury.