Rebuilding Trust Between Union-Management Partners

by MILÉ KOMLENExecutive Director

1. Colleges and Universities Complaints Resolution Unit -What we do

2. Partners in Creating Solutions3. Legal Backdrop4. Benefits of Creating Options5. Consequences of Decisions6. Emerging Trends – Bill 168, Bill 1327. Trust-Building Examples8. Trust-Building Strategies

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Colleges and Universities Complaints Resolution Unit

• Consortium of post-secondary institutions to deliver effective complaint resolution mechanisms and processes

• Consultation and advice on deep conflict and complex complaints• Offer guidance on the dispute resolution mechanisms and

processes under institutions’ existing policies• Raise awareness and provide education on harassment,

discrimination, accommodation, accessibility, and other human rights-related issues

• Service available to all Colleges and Universities• Work with other institutional partners to provide solutions

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• Human Resources and Employee Relations Functions• Unions and other employee groups/associations • Ombuds Offices• Human Rights Officers/Advisors• Third Party Investigators/Mediators• Other Supports: EAP, Equity & Diversity Offices, Employee

Affinity Groups, Chaplaincy, etc.

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• Collective Bargaining protected as a constitutional right under section 2(d) of the Charter of Rights & Freedoms

• Provinces have enacted “statutory mechanisms for resolving bargaining impasses and disputes regarding interpretation or administration of collective agreements”

• Collective agreements form the contractual relationship between employers and unions

• Employer’s internal policies may provide other layers governing the relationship with employees

• Participants may negotiate additional language or practices outside of collective bargaining (e.g. Letters of Understanding)

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• Avoidance of protracted grievance and arbitration procedure• Less formal labour & employment relations• Demonstration of a portfolio of responses and commitment to

resolving issues creatively• Privacy options and face-saving techniques• Alternative methods for all parties in resolving issues• Establishing good faith for long-term gain

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• Unions increasingly being asked to bring grievances on behalf of

members, but can be costly process

• Employers can be held liable for failing to ensure a workplace

free from violence and harassment

• Unions may face duty of fair representation complaints

• Employees may initiate legal proceedings, bring complaints to

Ontario Human Rights Tribunal or engage in work refusals under

Occupational Health & Safety Act

• Hearings could take years and $$$ in legal costs

• Impact on union/employer’s reputation and staff morale

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• Amendments to Ontario Occupational Health & Safety Act to include protection of employees from workplace violence and harassment/sexual harassment (Bills 168 and 132)

• Increase in employee claims of personal or psychological harassment, bullying, mobbing, etc., by co-workers and/or supervisors

• May include new forms of harassment through social media, such as cyber-bullying, micro-aggressions

• Potential impact on ability of unions and HR to handle multiple or group grievances

• New classes of investigation and resolution professionals

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• Informal resolution/mediation of workplace disputes

• Collaborations on policies and protocols

• Organizational Values Statements

• Diversity/Inclusion/Employment Equity Programs

• Employee Affinity Groups and Community Engagement

• Mental Wellness issues

• Critical Incidents Response

• Employer consultations with Unions and their members

• Communication, communication, communication

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• Identify alternative and innovative methods of dispute resolution

that will address workplace issues

• Explore collaborations between management, unions and other

employee groups to achieve lasting solutions

• Create face-saving measures by pre-empting grievances

• Establish goodwill in resolving disputes amid changing legal

landscape

• Consult with legal support on complex cases and share results

• Be proactive and inclusive

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Milé KomlenExecutive Director

mkomlen@cucru.ca

416-428-5546

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