Untying the Knots of Labour Disputes

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At the beginning of June 2020, the ongoing labour dispute between Saskatchewan’s Co-op Refinery Complex (CRC) and the union represented by Unifor 594 seemed destined to remain unresolved. The employer locked out the members of the bargaining unit on December 5, 2019, after the union voted to go on strike. The next six months resulted in a work shutdown, along with escalating and increasingly hostile labour relations tactics enacted by both sides as noted in this news article, posted on June 1, 2020. Almost three weeks after that, the stalemate appeared to be over with the announcement of a tentative deal being reached between the parties. How is it that this kind of resolution is possible in the midst of what seems to be an entrenched and especially hostile labour relations dispute?

The mechanism for resolution may be attributed to the use of government-appointed mediators, as mentioned in both the aforementioned news article and in this CBC news clip. While the mentions are brief, the impact of mediation in the form of neutral third-party intervention is profound. When parties are stuck in a labour dispute, they are tied up in a series of ‘nots,’ both figuratively and literally. They are not moving, not resolving, and not able to speak with each other in any way that is resolution focused. The longer the dispute continues, the more rigid both parties become as they tighten their hold on their respective immovable positions.

It is the role of the mediator to try to assist the parties in finding a way to become unstuck and loosen their hold on their respective ‘nots.’ The mediator, as a third-party neutral, often assists by creating an objective opening that enables the parties who are stuck to let go and try to approach some form of agreement. During the process of mediation, the disputing parties are still doing the work to reach a deal. The mediator simply assists the process in several ways. They may shepherd messages from room to room. They may caucus with party representatives to ensure that messages are delivered, heard, and listened to, without escalation and devolving into personal attacks. When emotions do run high, a successful mediator will know how to de-escalate and allow emotions to be expressed without inflicting residual harm onto the whole process.

While mediators are appointed by the applicable government as conflict resolution resources, they are perceived by both sides (labour and management) as being neutral. This YouTube clip, prepared by UFCW Local 401, provides a brief overview of the role and benefits of mediation approaches during the collective bargaining process.

Coming out of this particular labour dispute between the CRC and Unifor 594 will not be easy. The parties still have to ratify and accept the tentative agreement. Once that is completed, the next steps will require both workers and management to release themselves from several negative ‘nots.’ All parties will have to adjust from not being at work to being at work; from not trusting each other to trusting each other again; from not staying entrenched in past bitterness to being open to honest dialogue focused on resolutions for the future. Most importantly, the relationships that have been frayed through hostile actions against one another will need to be repaired with time and patience.

Discussion Questions:

  1. If you were the mediator for the CRC and Unifor 594 labour dispute, how would you approach each party to look for possible solutions?
  2. Each province has designated and mandatory approaches for dispute resolution steps during the collective bargaining process. Based on information you can gather from government websites, outline the steps to be followed in your province.
  3. Do you agree or disagree that mediation should be a mandatory step for any parties locked in a labour dispute? Explain your rationale.

Labour dispute kept CNE customers away

The Canadian National Exhibition was marred by a labour dispute this year.

This year’s edition of the annual end-of-summer celebration saw the International Alliance of Theatrical Stage Employees (IATSE) union members walk the picket line at the front gates of the CNE.

Strikes are always disruptive and potentially costly events. It was predicted that the CNE may have lost up to $1.5 million in tickets sales as many regular customers didn’t want to cross the picket line.

Now here is the very interesting part about the strike. It directly affected the CNE, but the striking workers are not CNE employees. The IATSE union members work for Exhibition Place, the location where the CNE is held.  The IATSE members are concerned that their jobs are being contracted out to private companies and their union members are going to lose their jobs. The CNE is not a party to the labour dispute, yet they were caught in the middle of it.

This particular strike makes the HR person reflect and think about how important it is to understand the labour laws where your company works.  Your organization may not be unionized, but union disputes may have an impact on your business.

Discussion questions:

In these articles it is suggested that the CNE hired outside workers to come into the CNE and set up the stages. Review your provincial Labour Relations Act and determine if it is legal for an employer whose workers are on strike to hire replacement workers.

  • Why is the issue of contracting out work such a contentious issue in most labour relation negotiations?
  • In this case, did the CNE have any legal right to prevent the IATSE union members from picketing the CNE?