Canadian

Unlawful Strikes

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As Canadians, we have a reputation for being a polite, respectful, and peaceful society.

Most of the time, we are known for upholding the rule of law. We function, generally, within reasonably acceptable parameters which include compliance with civil legislation. This includes the need to follow the statutory regime that upholds and frames the rights provided under specific labour relations legislation. Even if there are public displays of labour-related problems or conflicts, these are typically narrow in focus and usually driven by legitimate and acceptable labour practices.

It is unusual, therefore, to read and hear about the recent unlawful actions taken by Unifor against General Motors in Canada. Last year, General Motors announced that it would be closing its Oshawa plant, which will result in a massive loss of jobs for its unionized workforce. In response to this devastating announcement, Unifor has implemented a series of strike-related actions which are prohibited because an existing collective agreement is in place.

When two parties (the employer and the union) negotiate and agree to the terms of a collective agreement, this includes language within the agreement that states there will be no strike or lockout for the duration of the contract.  When there is a violation of the contract by one of the parties, the remedy is to file a grievance in order to restore the terms of the collective agreement.  If the parties are unable to do this on their own, the alleged violation goes to the applicable labour relations board for third-party resolution.

In the case of Unifor and General Motors, it appears that the union purposefully entered into a series of actions which, from an outsider’s perspective, ought reasonably to be known as violating the collective agreement.

Click here to read about the illegal strike action taking place at General Motors.

It is no surprise, then, to read that the Ontario Labour Relations Board issued a ruling that declared the activities by Unifor as illegal and required the union (Unifor) to cease and desist in the promotion of illegal strike action.

Click here to read about the ruling issued by the Ontario Labour Relations Board (OLRB).

Click here to read the decision.

Why would Unifor proceed in the manner that it did? Unifor is a significant and sophisticated entity that represents thousands of workers across the country. The decision to enter into illegal strike action is not one that any union would enter into lightly or on a whim. The leadership at Unifor would know that the outcome of such action would result, as it did, in the decision of the OLRB to go against them.

One of the statements in the article refers to the union’s perception that the employer (General Motors) had violated the collective agreement in the first place by issuing the notice of plant closure. This gives the impression of tit-for-tat negotiating strategy that belies the seriousness of the actions taken on the part of the union.

Perhaps this case shows us that, even though we are law-abiding Canadians, sometimes we do need to take a stand in order to take action against decisions that affect the well-being of us all.

Discussion Questions:

  1. Why do you think Unifor made the decision to proceed with an unlawful strike?
  2. If you were representing the workers at General Motors, would you encourage unlawful strike action in this case? Explain your rationale.
  3. What impact does the decision from the OLRB have on continuing labour relations at General Motors?

In Labour Relations History Truly Repeats Itself

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Sandra Matic/Shutterstock

What is going in the world of labour relations now, and what can we learn from labour history?

Remember learning the significance of the 1919 Winnipeg General Strike?

Click here if you need an LR history refresher.

The 1919 Winnipeg General Strike saw 30,000 people, including telephone operators, postal workers, police, fire fighters, cooks, and contractors take to the streets. But how relevant is this historical event to labour relations today?

In the hundred years that have passed since 1919, business has changed, employers and employment laws have changed, and employment standards have improved markedly for workers in most developed countries. If standards and laws have improved so much, why are general strikes and civil protest still happening?

In 2015, 400,000 public sector employees went on strike in Quebec. In France, a quarter of a million employees went on strike in October 2017, and 10,000 civil servants and railway staff joined forces and went on strike in April 2018.

Let’s look at the most recent strike occurring in France.

Click here to read a short article on this latest strike.

This has moved beyond a typical single employer/employee labour dispute, and is turning into a social movement. It now includes railway workers, teachers, and air traffic controllers. It has become a general strike.

The question is, why in seemingly well-developed societies, like Canada or France, have we not found a better way to resolve labour disputes than taking to the streets in protest? Is it because workers or employers are unreasonable people with unreasonable demands? If so, who determines which side is unreasonable?

Is there a better way? According to Roger Fisher and William Ury from Harvard University, there is.

Click here to read a summary of their book, Getting to Yes.

Getting to Yes talks about BATNA, an acronym coined by Fisher and Ury, which stands for the Best Alternative to a Negotiated Agreement (BATNA). Fisher and Ury emphasize that positional bargaining is not the most effective way to reach an agreement, and that it can actually do more harm than good. With positional bargaining one side must win and the other must lose. This is no way for employers and unions to treat each other in the 21st century.

Getting to Yes has been around for 40 years, yet employers and unions are still using positional bargaining. Why? Perhaps many unions and employers do not feel it meets their needs.

Does history repeat itself? It certainly seems to with Labour Relations. Where are we 100 years after the Winnipeg general strike? It looks like we’re in the very same place. Perhaps it is time to move past the adversarial model of Labour Relations. The question is, do employers and unions have the will to do that?

 

Discussion Questions:

  1. Read this summary of the concepts in Getting to Yes.
  2. Discuss why unions and management might be against using Getting to Yes principles.
  3. Can you describe specific situations where it would be more beneficial to use Getting to Yes concepts, such as interest-based bargaining, rather than traditional positional bargaining?

 

Going for the Gold

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nikshor/Shutterstock

In the spirit of the Olympic games, the media is full of inspiring stories featuring passionate and committed Canadian athletes focused on the achievement of excellence. That achievement comes with multiple rewards, including the high honour of Olympic gold, given for outstanding athletic performance.

Gold-winning strategies are not the domain of Canadian athletes alone, however. Every year, the online publication Canadian Business highlights and gives awards to the Best Managed Companies in Canada. For the fifth year in a row Napoleon Grills, a used-to-be-small manufacturing company located in Barrie, Ontario, has hit the list as a gold winner for outstanding business performance.

Click here to read about gold-winning Napoleon Grills.

The article shows that this is no typical Canadian business success story. When reading this piece in view of our studies, it becomes apparent that Napoleon Grills has implemented numerous elements that could have been pulled directly from our textbook on strategic human resources planning.

This particular company been able to put its ‘big picture’ corporate strategy into daily practice. While the end goal is the production of a high quality Canadian product, that goal is achieved with the combination of:

  • effective leadership;
  • sound corporate culture;
  • high levels of employee engagement;
  • future-focused succession planning;
  • a commitment to excellence.

Most importantly, the article highlights the need for a clear and consistent strategic vision that drives every decision, every contact, and every product that Napoleon Grills makes.

A gold winning performance indeed!

 

Discussion Questions:

  1. From your reading of the article, identify and explain the link between the organization’s vision and its success to date.
  2. If you were the Human Resources director for the Napoleon Group of Companies, how could you ensure that the company continues to be successful through the succession management process?
  3. Identify and apply the seven steps of “Strategic Planning Process” from your text book readings to this article.

 

Collective Bargaining

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When will Governments learn – Collective Bargaining is a constitutional right!

Many say we have come a long way in labour relations in Canada since the adoption of the Canadian Charter of Rights and Freedoms. This charter gives all Canadians the freedom of association, and by extension, the right to join a union, have a collective voice, and ultimately the right to collectively bargain.

But in reality, have we progressed very far?

In the mid 1960’s Jean Lesage, the Premier of Quebec stated, “the Queen does not negotiate with her subjects.” That sentiment that public sector workers did not have the same rights as private sector employees was common in that era.  This sentiment continues in the 21 century, where Canadian Provincial governments continue to infringe on the rights of public sector workers, while judges continue to rule in favour of upholding the Charter of Rights and Freedoms.

Click Here to Read the Article

The story behind this infringement of collective bargaining rights goes back four years to 2012 and the passing of Bill 115 – Putting Students First Act.

Click Here to Read the Article

Click Here to Read Bill 115

Bill 115 was a legal slight of hand employed by the Ontario Liberals. The Ontario Liberals did not want to pass back to work legislation as they knew that may be considered illegal. So what did the Government do? They imposed a new collective agreement on the teachers unions and when you have a current collective agreement the union does not have the right to strike. Effectively, the government forced the teachers to go back to work without passing legislation to take away that right.

An interesting twist to the story is that once the collective agreements were in place, the Ontario Liberals repealed Bill 115. Ultimately, it was just like it never existed. Since the teachers were now bound by a collective agreement, the union had no right to strike.  It was a very clever move by the Liberals, but it did not stand up to a court challenge.

In effect, the Ontario Liberals felt they were above the law. It took four years, but it has been ruled that Bill 115 was an abuse of power and that it was illegal.

Public sector labour relations are very complex. Trying to balance public budgets, safety, and services is not an easy tasks. Governments must learn to respect that most public sector employees have the right to freely collectively bargain which includes the right to picket and strike.

Discussion Question:

  1. After reading and researching Bill 115, discuss what type of strain the Bill has placed on labour relations between the School Boards, the Government, and the Teachers Unions.

Expert Advice

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The past experience of others teaches us how to move forward in different ways.

Business man dressed as superhero
Source: eelnosiva/Shutterstock

Buzz Hargrove is one the most powerful and influential leaders in Canada’s labour movement.  His history and legacy of passion for the rights of Canadian workers is legendary, resulting in significant gains impacting all Canadians.  He is known for being challenging, forthright, and a dedicated union activist.  He lives his belief of challenging the status quo and for taking up the difficult stance to do what he believes is in the best interest of the union and the collective voice it represents.  He is seen by many as a controversial figure, but one who is respected for his incredible history of labour relations leadership in Canada.

Mr. Hargrove retired from active leadership of the Canadian Auto Workers union in 2008.

Click Here to Read the Article

Since that time, Mr. Hargrove has shared his extensive labour knowledge and leadership expertise as Professor of Distinction at the Ted Rogers School of Management with Ryerson University and co-director of its Centre for Labour Management Relations.

Mr. Hargrove provides us with some of his insight into the critical role that the Human Resources professional plays in today’s labour relations environment in this recent interview.

Click Here to View the Interview

As we see from this interview, Mr. Hargrove validates the importance of managing positive workplace labour and employee relationships by the Human Resources professional.  Our Human Resources role is to build organizational trust, credibility, and confidence.  If historical leaders like Mr. Hargrove are able to teach Human Resources professionals anything, it is that we should not be entrenching ourselves in hostility and negatively aggressive tactics when working with (not against) union representatives, no matter how challenging that may be from time to time.

As Mr. Hargrove says, with integrity, trust and a bit of a sense of humour, the Human Resources professional can make all the difference in the world!

Discussion Questions:

  1. What are the key elements that Mr. Hargrove promotes for the HR professional in managing relationships?
  2. How have Canadian workers benefited from the labour movement?
  3. Using internet sources, provide three examples of Mr. Hargrove challenging the status quo or positions that resulted in labour relations controversy.
  4. As an HR professional, which skill identified by Mr. Hargrove (from the interview) is one that you may find the most challenging to develop and sustain?