Home|Audio Conferences|Working and Managing in a Unionized Environment

Working and Managing in a Unionized Environment: The basics

Thursday, April 12, 2018, 12:30 pm - 2:00 pm EDT



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Moderators


Andrew Tremayne

Arbitrator/Mediator


Speakers


Jessica Kearsey

Employer Counsel
Norton Rose Fulbright
Daphne Taras

Professor of Labour Relations, Edwards School of Business, University of Saskatchewan; Visiting Professor, Centre for Industrial Relations and Human Resources, University of Toronto

Craig Morrison

Union Counsel
McMahon Morrison Watts

Issues

The rules for working and managing in a unionized workplace are very different from those that apply to non-union workplaces. Managers and supervisors new to unionized work environments as well as new union stewards and representatives will find this session to be an invaluable introduction to the law and structure of the unionized workplace. Experienced management and union counsel will explain the key legal differences between working and managing in a unionized workplace as well as the fundamentals of interpreting collective agreements and navigating the grievance process. Specific questions to be addressed include:

Union and management roles:

  • What are the key differences between managing in a unionized workplace versus a non-unionized workplace?
  • What are the constraints on the employer's ability to unilaterally make new rules? Will arbitrators subject all management actions to a test of reasonableness? Must all managerial authority be exercised in good faith?
  • What does the union's status as "exclusive bargaining agent" for bargaining unit members mean? Can management ever make private deals with individual employees?
  • In what circumstances is an employee entitled to have a union representative present at a meeting with a supervisor or other member of management?
  • What is the role of a union steward? What is the extent of the protection from discipline for insubordination that "union immunity" provides union stewards?
  • What is the "just cause" standard for discipline and how does it relate to "progressive discipline"? What are the elements of progressive discipline? What steps should an employer follow in trying to correct an employee's behaviour?

Reading and understanding the collective agreement:

  • What rules should union and management representatives follow to interpret collective agreement provisions? What effect do marginal notes and headings in a collective agreement have in aiding interpretation?
  • How do you interpret a provision that seems unclear? When will collective agreement language be considered ambiguous such that evidence of past practice and negotiating history should be consulted to ascertain the parties' intentions?
  • When will the past conduct or representations of one party prevent it from enforcing its strict rights under the collective agreement?

The grievance procedure:

  • What are the standard elements of a grievance process? Who is typically involved at each step of the grievance procedure?
  • What should union and management representatives do to prepare for a formal grievance meeting? What about during and after the meeting? How should the meeting be conducted?
  • What type of analysis should each side conduct in order to determine whether a matter is worth taking to arbitration? How does the "duty of fair representation" affect a union's decision to pursue (or not to pursue) a grievance to arbitration?

Additional Information

MATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each audio conference is accompanied by a PDF of concise summaries of the cases discussed.

AUDIO FILES
Audio conference MP3 files are available for $255. Those who have purchased the live audio conference may purchase the corresponding downloadable audio MP3 file for the discounted price of $155.

The recorded MP3 file and materials are available for download one business day after the live audio conference. After purchasing, you will receive an e-mail with instructions on how to access and download the audio conference MP3 file and materials by visiting My Account and selecting Order History. For audio file purchases for upcoming audio conferences, once the MP3 file is available through our site, registrants will receive an update e-mail informing them that the links are now ready.

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