Employee and Labour Relations

Hearing officer

Appointed officer who conducts an investigation or admin hearing

Employee statutory rights

Canadian legislation covered under: The charter of rights and freedoms, Canadian human rights act (including pat equality) Provincial human rights law Employment equity act

What are contractural rights?

Derived from legally binding contracts may not apply to all employees. A breach of contract remedies can be given Employment contract depending on employee relationship Letter of offer or employment letter is a legal contract upon hiring

Collective Agreement CA

Detailed conditions of employment that apply to union members. Any violations will be a grievance. Can not be set below employment standards and all other legislation

Ombuds system

Independent employee can go to for council on how to resolve dispute

Third parties that effect LR

Ministry of labour, labored boards, law firms, consultants, mediators

What is a conflict?

Mismatch of expectations, friction between org and individuals, or groups of individuals. Not always apparent and not always acted upon when they become apparent

What is the four fold test?

More robust than control test, measures four factors: control, ownership, chance of profit, risk of loss.

Management rights clause

Rights outlined in CA that are managements discretion. Usually production process and efficiency of production

Alternative dispute resolution

Interest based negotiation and problem solving

What are the different types of AdR

Negotiation Open door policy Conciliation Mediation Arbitration Peer review Ombudsperson

Two types of employee de inline

Progressive and positive

Step by step review

Similar to a union grievance with steps involves senior mangers who have an objective very. Authority rests with president or ceo

Maintenance of membership

Workers don't have to join Union but once they do they must maintain membership

How to design an integrated conflict Managment system

1. Assemble a team (Union, employees, managers, executives) to investigate or diagnose the needs of org and past disputes. 2. Understand culture and resources available. System aligned with goals. 3. Systems must be communicated properly. 4. Ongoing reporting and evaluation of system 5. Implementation requires training or neutrals and participants. Constantly must be viewed in a positive light for org effectiveness.

Four steps process to positive Discipline

1. Counseling session 2. Subsequent meetings 3, decision making 4. Terminate employment

What is the steps of progressive discipline

1. Oral writing 2. Written warning 3. Suspension 4. Termination of employment

Under common law, Four ways to determine if an individual is an employee

1. The control test 2. The four fold test 3. The permanency test 4. The organization test

Four key components management must consider in developing strong corporate culture

1.Shared values 2. Leadership dialogue 3. Organizational flexibility 4. HR policies, programs, and term of employment

Most popular form of ADR?

2001 Mediation 87% Arbitration 80% Med-Arb 40%

What are minor violations

Absenteeism, dress code, smoking, incompetence, safety rule violation, sleeping on the job, tardiness.

Closed shop

All Employees who work within bargaining unit must be members. The Union is the source for employees

Competing

Also known as forcing. High assertiveness and low cooperation. Appropriate for quick action or an unpopular decision has to be made, vital issues must be handled, or when protecting self interest Arguing or debating, using rank or influence, standing your ground, asserting your opinion or feelings, standing position clearly.

Seven methods of appeal procedures

Alternative dispute resolution Step by step review Peer review Hearing officer Open door policy Ombuds person system Private arbitration

What is ADR?

Alternative dispute resolution Option that should be considered before disputes become a lawsuit. Allows communication between parties. Objective is to identify common ground and achieve an outcome with commitment from both parties. Faster more controlled economical process rather than court Very effective for unemotional technical where ongoing relationship of both parties is wanted. Participatory, facilitative, forms of conflict resolution.

Process of linking strategy to ER and culture (3 considerations)

Are key values clearly articulated? Are values an instrument in driving org performance? Do the Orgs employment terms and policies reflect and enhance Orgs value based culture?

Positive discipline: Counseling sessions

Between employee and supervisor Outcome of session is Verbal, mutually acceptable solution to problem

What is employee relations?

Broad umbrella category that includes both HR and LR. ER can be defined as the policies and practices that are concerned with the management and regulation of relationships in both unionized and nonunionized environments General rights and processes between employees and employees

Wallace vrs United grain growers 1986

Case centered on then implied ongoing employment contract and provided significant damages (Wallace damages) against employer for implied contract.

Five general conflict Managment styles

Compromising, collaboration, competing, avoiding, accommodating.

Features of ADR may include

Confidentiality, neutral facilitation, precision of rights so if adr doesn't work can proceed to court, both parties voluntary participate, timely resolution as soon as problem erupts, all stakeholders of dispute are part of the resolution.

What's is a dispute?

Conflicts that require action as they are very visible. Manifested into a official complaint (written, grievance or lawsuit) Conflict below surface (many), disputes above surface (fewer)

How corporate strategy impacts employee relations

Corporate strategy--> Corporate culture --> HR/ER strategy --> HR policies and procedures ---> Employee terms and conditions

Development of terms and conditions of policies are directly linked to?

Culture as these terms form framework for governing employment relationship Corporate strategy will drive employee relations strategy.

What is labour relations?

Deals specifically with regulating the employment relationship between organized labor and management. ER covers topics such as collective-bargaining and unions. Emphasis is placed on finding the balance between equity and efficiency in the employment relationship. Dispute / grievance in unionized environments

What is HR

Deals specifically with the work relationship between employers and individual employees. HR focuses on the efficiency of the employment relationship and to a lesser extent considers equality

What is the permanency test?

Degree an individual tenure with the employer is of a permanent nature, a contractor with a very long service may be considered by the court an employee

What are major violations

Drug use at work, theft, dishonestly, physical assault on supervisor, sabotage of company operations

What is capital to labour ratio?

Ease of substitution between capital and labour

Dismissal for Just Cause

Employee breaches employment contract. When contract is breached employer may consider its self free from obligation and able to terminate the contract without notice Can not dismiss employee because they are simply dissatisfied with their performance, must be able to prove habitual patterns of misconduct and may be required to demonstrate progressive discipline or written warnings

Resignations

Employee must formally acknowledge resignation and communicate its acceptance. The employee may retract the resignation before it is accepted. Employee must give reasonable notice if not wrongful resignation may occur

Constructive Dismissal

Employer makes radical changes to the terms and conditions of employment relationship. Demotion, lowering pay, undesirable reassignment, changing work environment to make it impossible for employee to do their job (remove tools) A person may get same remedies as wrongfully dismissed.

What is the control test?

Employers control over employee. Does the employer have the right to control and direct way the work is being done? How is employee paid or disciplined?

Employment law specifically covers

Employment relationship or contract between the individual employee and the employer in a non Union.

What effects labour relations

Environment: climate, geographic location (availability of labour, transportation) Economic Influences: industry, market, labour market, size of employer, tech changes: capital to labour ratio, skill level, human capital investments Political: centralized or decentralized systems LR, legislation Legal: procedures rules, labour standards, health and safety, admin tribunals, provincial jurisdiction, Canada's labour code Societal: public opinion, unions, employers (corp, non profit, gov)

Peer review system

Equal number of managers and employees to hear the "case" also known as kangaroo court

Legal trend

Favoring employee over the employer in courts and labour panels. Hr professionals must understand the implications of such cases to carry out employment relationship.

Termination

Final step. Previous steps failed or serious infraction that mandates immediate termination Documentation should show employee behavior leading to this point and their failure to take corrective action.

Compromising

Giving up more than you want for both parties to win. Moderate assertiveness and moderate corporation and appropriate when dealing with moderate issues of importance. May also be a temp solution. Negotiate, find middle ground, assessing value, making concessions

Sources of conflict

Goal incompatibility: persons or departments goals incompatible with another persons/departments goals. Differentiation: individuals or departments have different values, beliefs, ethics, morals, culture, standard and attitudes Task interdependence: workflow and information independence Limited resources: conflict from availability of scarce resources. Ambiguity: unclear goals, responsibilities, expectations. May arise gel. Policies programs and procedures Communication: interpretation of verbal and nonverbal information, cultural differences and language barriers

Job expectancy rights

How an employee can be expected to be treated while employed, fair treatment Supported by human rights and statutory legislation as well as privacy rights. Pipeda legislation has been created to address some of these issues

What is the organization test?

How integrated is the worker into the company's activities

ER strategy and corporate culture in a non Union environment are a result of

How senior Managment values and wants to manage its workforce. ER strategy shapes a foundation or type of employment relationship and the terms of employment contract.

Positive discipline: subsequent meetings

If solution doesn't work employee and supervisor meet again to discuss why it failed and develop new plan. Write down agreed upon solution.

Open door policy

Implies managers are available and approachable to discuss/resolve conflict. The combo of negotiation and open door are the first step in formal and informal systems of conflict resolution

What is leadership dialogue?

In order for values to be accepted leaders must engage members of org in open dialogue about importance of corporate values. Must be a clear link between the espoused values and business performance, including values as a competitive advantage

Positive discipline

Inclusive action Avoid reactions of fear and resentment which sometimes happens during progressive discipline, positive so uplink is intended to assist an employee in improving their behavior. Interaction between employee and supervisor to engage in problem solving in a positive way Involved commitment from both the supervisor and employee Supervisor vomits to regular interactions (tutor, training, councillor) and employee is responsible for his or her own actions. Supervisor goes from adversary to counsellor.

Breaches include

Incompetence, gross negligence, willful misconduct, permanent illness, criminal activity against employer, disruption of corporate culture, behavior outside of work that affects business or reputation

Examples of Individuals that are not technically employees because of the nature of there relationship

Independent contractor: sets own hours, control over the work, provides own equipment, minimal company supervision, can perform work for others. Dependent contractor: employee relationship is close so length of service and resources individual has devoted to company, type of restrictions against competitors Agents: independent contractors, does not commit full attention and services to employer and has forsaken all other means of compensation Directors: not an employee, not entitled to be given reasonable notice of dismissal. Partners: by law a person forming a partnership cannot be said to be an employee.

Permanent employees

Is an ongoing contract, with no termination date identified

Labour relations strategies are shaped by two factors

It's senior eexecutive perspectives on corporate culture and it's employment relationships. Understanding how an org perceives and treats its workforce provides an indication of senior management priorities and how much it values human capital

Types of terminations

Largest legal implications Resignations, dismissal for just case, dismissals without case

Wrongful dismissal

Legal action against employer for failure to give reasonable notice of termination.

Without a system for dispute resolution what happens

Less buyin, turnover, dissatisfaction, sabotage, lawsuits

What are benefits of ADR?

Less costly, saves time, expertise of decision maker, Privacy (don't necessarily want the decision of the disputes published).

Accommodating

Low assertiveness and high corporation. Good for developing performance, create good will, or keeping the peace. Usually low importance Selflessness, ability to yield, obeying orders.

Avoiding

Low assertiveness and low cooperation. Fear of engaging and don't have confidence in their Managment skills. Appropriate with issues of low importance to reduce tension, but time, or In a position of low power. Withdraw, leave things unresolved, sidestep issues, sense of timing

Dismissal without Just Case

Majority of all dismissals in workplace, employer must provide reasonable notice

Collective agreement components

Management rights clauses, Union security clauses (recognition, closed shop, maintenance of membership, Union shop, check off clause, duration and termination, grievance procedure)

Open door policy

Managers once removed as an unbiased third party

Recognition

Managment recognized the Union as the sole bargaining agent for members of the bargaining unit

Management objectives

Max profits, min costs, retention of management rights (control over decision making not stated in collective agreement Influenced by: human capital (education, health, mobility, training) org culture (command control, hierarchical , social technical)

What are Union objectives?

Max wages and benefits, max employment, job security, protection, mac wage bill. Are influenced by I for by leaders and members, political structure of Union, and demographics of employees

Arbitration

Means to decide, a person or panel who makes a final decision of which side wins after both sides submit their cases Binding to both parties

Fair disciplinary system

Must have good policies and procedures

Collaborating

Mutually creating an idea to achieve the best solution to a conflict. High assertiveness and high corporation. Best conflict mode to use, but Timely and energy. Best for issues that are too important to compromise. Merging perspectives, gaining commitment, improving relationships, when learning. Active listening and non threatening confrontation

What factors determine reasonableness of notice period

Nature of contract, method of paying employee (weekly, monthly), type of position held, length of service, customers of org, age of employee, likelihood of re-employment

Canada labour code (federal)

Navigation and shipping, railway, telegraph, ships. Ferry between provinces, aircraft, radio broadcasting, bank, activities in respect of federal law (oceans act)

Decision making leave

No improvement final warning that employee is at risk of being dismissed. Instead of suspension in progressive discipline, employee is given time to evaluate the situation to develop a new solution (paid or unpaid decision making leave) employer must decide to commit to org quit or get fired for cause.

Conflict management

Not all conflicts can be resolved it is important to manage them to decrease odds of escalation. Involves self awareness, communication skill, a process for handling conflict.

Written warning

Oral has failed to change behavior problem requires more serious of a response. Written warning can be given without discussion or can be accompanied by a discussion. Should contain summary of prior discipline, factual description of incident , explain why behavior or performance pattern is unexceptable, statement of what employee must do, warning of next step if no improvements. Employee signs and each party gets a copy.

What is organizational flexibility

Orgs (and their shared values) must be flexible to respond to changing internal and external environments Internal: quantity and quality of ppl in org, work structure, policy terms that guide employment, corporate culture. External: global economy, political, social, legal, natural environment.

Peer review

Other employees of org hear and decide outcome. True peers or ppl from other departments. May be binding or advisory depending on design of the system. A key feature is the need for comprehensive training in ADR for the peer reviewers

Oral warning

Performance based problems. Identify problem and expectations . Notify employee of next deciplinary step if improvements aren't made. Identify pattern and effect have on other employees. A note should be filed of meeting and what was spoken about.

Ombudsperson

Plays an advisory role, confidentially investigating the complaint and suggests course of action. Non binding recommendations.

Goals of system approach for conflict management

Reduce costs, maintain relationships, a quid future disputes

Suspension

Serious step in process. Step closest to termination applied after prior efforts have failed or offense is serious enough to warrant suspension without prior discipline. Hr recommends if suspension is appropriate and duration.

What does it mean to be an employee?

Several types of employees defined in employment law affect employee relationship.

What is progressive discipline

System where employer applies discipline for relatively minor infractions or misconduct on a progressive basis. Usually four steps. Any step before termination can be repeated serval times and it is possible to skip to the last step if serious situation.

What is due process?

The employee has the right to present his or her position during a discipline process. In a union environment this is done through grievance process. Due process providers protection and fair representation

Due process means

Timely, accessible, inexpensive process with right to: Fair representation, rebut, privacy and confidentiality, fair fact finding and hearing, decisions objective and reasonable, corrective action, freedom from retaliation of using the procedure. Protection from wrongful dismissal and constructive dismissal, and other employment related conflicts

Employee discipline

Tool manager use to communicate to an employee they are required to change a negative or damaging behaviour. Goal: deter others, maintain standards, respond consistently in violation of rules, communicate rules and performance criteria effectively, document.

Negotiation

Two way convo where both parties work toward resolving an issue. Often first step is open door policy

Mediation

Use of a their party who assists in negation a and assists then to reach a settlement, even suggests possible solutions. Establish fair playing field in negotiations. Mediation creates a binding agreement ONLY if both parties voluntarily come to an agreement

Conciliation

Use of a third party to help parties negotiate an agreement . Acts as facilitators but don't play an active role in resolving conflict. They do not suggest solutions

Three types of unions

Voluntary associations: workers who act as a voice dealing with their employers Craft: represent a particular trade Industrial: trade or occupation in a particular industry

Three type of notice periods

Working notice: employee expects to work through notice period If employee is asked to leave they should be paid an amount equivalent to what they would have received for working through notice period Some combinations of the two.

What is Shared values

what is important to members of org, shared values are articulated through corporate norms stories and corporate symbols