Managing Employees in a Unionized Environment

Managing Employees in a Unionized Environment - Online

Why do some unionized employees believe that they can’t be touched, and why is it that if it is not in their existing job description then they think they don’t have to do it? Sick time is used as an entitlement rather than a benefit and any form of coaching is seen as discipline and therefore challenged. No wonder supervisors cringe at the site of the Shop Steward and freeze in astonishment when an employee says ‘no’ to an instruction and walks away! Most supervisors and managers do not know their rights and do not have the skills to manage these issues when they arise. They start to feel that they are at the mercy of their union and become disillusioned and frustrated.

Ironically, most progressive Unions also want better management. They also believe that if management knew how to properly manage, there would not be as many problems in the workplace. They do want better processes, consistency and fairness, but they can’t be the ones teaching the managers!

Most people in management roles have never been taught how to successfully apply management rights in the workplace. The employer typically leaves it up to the individual to learn by experience. The problem with that is, by the time you learn from your mistakes, you would have lost the respect of most of your employees, your team would have developed a poisoned work environment, and you would have been so badly beaten up that you would have lost all sense of empowerment and in fact would want to quit! Is learning from your mistakes the only way to do it? No! This is why this program is important to you if you want to succeed and even thrive in a unionized organization. Learn what your rights are, and learn how to apply them in order to become confident.

Learning Objectives

Understanding management rights and obligations
Setting the standard of expectations
Learning how to enforce rules in a unionized environment
Understanding what arbitrators look for in disciplinary issues
Managing excessive absenteeism
Developing rational policies and procedures for the workplace
Building defensibility in your ability to manage a unionized workplace

Program Content

Understanding Management Rights

Bargained rights vs. Residual rights
Making and enforcing rules
Setting expectations and performance standards
Management Rights – what rights do you have
Employer policies and procedures
Side deals – how this can be limiting your rights

Unions and Their Role

Duty of fair representation
Carriage of collective rights
The Shop Steward and their role
Leaves for Union Business – your rights
Representation during investigationsÂÂ
Dispute resolution - the alternative

The Collective Agreement

Becoming familiar with employment laws
Intent of collective agreement language
Learning to read collective agreement language
What are ‘letters of agreement?’
The use of headings in a collective agreement
What are mandatory provisions?
Management rights clause

Building Culture in a Unionized Environment

The six pack of culture
Defining acceptable norms and mores
Building positive traditions
Recognizing positive role models
Recognizing sub-cultures and cultural skewing
Positive labour relations – it really can happen
Disclosure of relevant information

Grievance Management

Writing effective grievance replies
Understanding grievances and hidden issues
What the Union and Management is responsible forÂÂ
7 steps to an effective grievance investigation
What information must you gain from the investigation process
How to effectively use ‘step 1’ and ‘step 2’ meetings to your advantage
What information should and must you discloseÂÂ
‘Without prejudice’ - what does it mean?

Managing Performance

Setting the standard
Communicating in a unionized environment
Identifying performance problems
Coaching and assistance
Proving poor performance
Creating a performance based culture

Managing Absenteeism

Doctrine of Frustration
Doctors’ notes and Dr. Automatic – what can you do?
Culpable vs. non-culpable absenteeism
The 'do’s and don’ts' of a good absenteeism program
Last chance agreements – what should they say?
Considerations regarding non-culpable absenteeism
Eliminating ‘patterned’ absenteeism

Using Progressive Discipline

Progressive discipline – when all else fails
Discipline models
How to develop discipline guidelines
3 principles of progressive discipline
The ‘dirty dozen’ – 12 key considerations of discipline
Mitigating and aggravating principles

Using the Disciplinary Process

Consistent treatment does not mean identical treatment
How to write effective disciplinary letters
Culminating incidents – ‘the straw that breaks the camel’s back’
What is the standard of proof?
Considering fairness and natural justice
Why is timing of discipline important?

Documentation & Investigations

When and what to document
Formal versus informal conversations – is there a difference?
Understanding how to use warnings to correct behaviour
How to properly conduct an investigation
Confidentiality does not guarantee anonymity
The 'do’s and don’ts' of disciplinary meetings

Workplace Issues

Dealing with uncooperative employees
Harassment of other employees
Setting precedent – do you really want to?
Consistency in the workplace
Confronting to resolve
Using sick days as an entitlement

Case Studies

Insubordination and misconduct
Absenteeism – setting expectations
Enforcing workplace rules
Standard of proof – balance of probability
Breach of trust – the end of the relationship

General Information

Who Should Attend?

Managers and supervisors
Human Resources and Labour Relations Specialists
Directors and Board Members
Administrators
Members of the negotiations team
Future Managers, Supervisors and those in leadership positions

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Learning Objectives

Program Content

General Information

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Management Services