Managing Effectively in a Unionized Workplace:

Essential Training to Empower Managers and Supervisors

Without an understanding o f the collective agreement and the relevant employment and labour statutes, managers are not "managing," they're just getting through the day. Chances are, productivity is not what it should be, mistakes are costly and there are a lot of time consuming and frustrating grievances.  This important program is designed to empower managers to perform at optimal levels with results that create immediate and measurable bottom line results.  

Attendees Will Learn: 

• To nip problems in the bud, cut costs, reduce the number of grievances and arbitrations
• To manage with confidence and consistency
• When and how to use non-disciplinary interventions
• How to create and enforce employer rules
• When and how to impose discipline
• To investigate like a trained professional
• To manage absenteeism more effectively
• To handle grievances, settlements and arbitrations 

The Program Will Cover:

Introduction and General Principles  

• Leveling the playing field / providing management with the tools to do the job
• The role of the employee, union, and manager/supervisor
• Union's Duty of Fair Representation  

Limits on Management Power: The Broader Legal Context  

• The Collective Agreement
• The Ontario Employment Standards Act, 2000
• Hours of work; Public holidays; Emergency leave; Overtime averaging
• The Ontario Human Rights Code
• The Ontario Labour Relations Act, 1995
• Other employment-related statutes: WSIA, OHSA
• Civil liability

Before Discipline: Probation, Counselling and Employer Rules 

• Avoiding problems before they start: using the probation period effectively
• Status of probationary employees under collective agreements
• Does just cause protection apply? If not, what does?
• Termination for unsuitability
• Non-disciplinary interventions - advantages and disadvantages
• Employer rules
• When can you create them? How to enforce them? Penalty for breach 

Discipline: Part I - When Can You Impose Discipline and What It Should Be?  

• The meaning of the "just cause" standard
• When do you have grounds for discipline?
• Looking at: insubordination, theft; sabotage; criminal conduct; violence/threats/bullying/verbal abuse/ harassment; absenteeism; health and safety infractions
• The appropriate level of discipline - the factors to consider
• The doctrine of the "culminating incident"
• Procedural requirements

Discipline: Part II - Investigating Misconduct and Implementing your Decision 

• Types of evidence: physical, photographic, sketches and drawings, narrative
• How to interview employees and witnesses
• How to take notes that can be used in arbitration
• Drug and alcohol testing - when can you do it? What if someone has a problem? Video surveillance - can you do it? Can you use it?
• Personal searches - when and how can you do them?
• What happens if the employee is charged with a criminal offence?
• Communicating discipline - How? When? Where?
• The disciplinary letter -how to prepare it - What to say  

Managing Absenteeism in a Unionized Workplace 

• The distinction between "culpable" and "innocent" absenteeism
• Dealing with disabilities
• When can you terminate for innocent absenteeism?
• Confronting an employee about absenteeism  

Grievances, Settlements and Arbitration  

• What do you try to solve at Step 1?
• Ongoing liability vs. fixed liability cases
• Settlement as an alternative to arbitration
• Mediation as a settlement vehicle
• "Last chance" agreements - when can you use them? What should they say?
• Arbitration: making the decision to arbitrate, preparing your case, conducting the hearing

Is There an End In Sight? Decertification 

• When can employees decertify their union?
• What role (if any) can supervisors and managers play?
• What can you say to employees? What happens if you interfere?
• What is the procedure? How likely is it to happen?