Today’s Objectives Why employees sometimes seek help from unions Identifying vulnerabilities...
-
Upload
kristin-bradford -
Category
Documents
-
view
221 -
download
0
Transcript of Today’s Objectives Why employees sometimes seek help from unions Identifying vulnerabilities...
Today’s Objectives• Why employees sometimes seek help from
unions• Identifying vulnerabilities• Proactive steps to increase chances some
employees might surface a union drive early• Options when faced with organizing• Recognizing impact effective leadership has on
employee engagement & remaining union-free
CBC Union Drive Documentary
Canadian LabourWatch AssociationInformed Employees Making Informed ChoicesOnly “balanced” site for employees wanting:
• information without pro-union, anti-mgmt bias• resources if they have no lawyer• tool to assist a lawyer in helping employees
FAQ’s for employeesDownload documents: cancel cards, decertification, file employee Unfair Labour Practices against a unionLinks to unionsResearch & educationwww.labourwatch.com
Union Density Rates – Canada vs USPublic and Private Sector Combined - 1960 to 2010 - (OECD Data; CDN 1997-2010 = StatCan)
2010 Private Sector (Not OECD data)
6.9% - US (Dept of Labor)
17.5% - Canada (StatCan)
Note: includes Members and non-Members(OECD Private vs Public breakout not available)
Union-Free Private Sector 82.4%
Unionized Private Sector 17.6%1,992,600
9,347,700
Unionized Public Sector 74.5%
Union-Free Public Sector 25.5%
Statistics Canada Labour Force Survey 2012
2,684,200
Total Workers – 14,941,100 Excludes self-employed
916,600
Unionization – Public and Private Breakout - 2012
1981 1983 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003 2005 2007 2009 2011
20%
25%
30%
35%
40%
45%
50%
55%
60%
Data: Statistics Canada Labour Force Survey 2012
British Columbia
Quebec
Ontario
Alberta
Newfoundland& Labrador
Wo
rkfo
rce
%
Unionization Density Trend – 1981 to 2012
Unionization Interest – Union-free (2013)Q2. If you are not unionized now, would you be very interested, somewhat interested, somewhat not interested or not at all interested in being unionized in your current job? Base: Never and Formerly unionized (n=910)
Formerly Unionized (n=228)
Never Unionized (n=682)
Total (n=910)
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
20%
19%
19%
79%
79%
79%
2%
2%
2%
Interested Not interested Don't know/refusal
Application for Card Cert vs. VoteJurisdiction Vote
SupportRecognition
No VoteTime to Vote Vote
HistoryCard FeeRequired
Shelf Life of a Union Card
Card Certification Available or Vote Granted ThresholdsFederal 35 - 50% 50% + 1 Not specified “Never” At least $5 6 months
Manitoba 40 - 65% 65% Within 7 days
1996 - 2000 No 12 months
Newfoundland & Labrador
40 - 65% - 1 Within 5 days 1993 - 2012 No 90 days 3 months
Nova Scotia (construction)
35 - 50% 50% + 1 Within 5 days
Never At least $2 3 months
Ontario (construction)
40 - 55% 55% + 1 Within 5-8 days
1995 - 2003 No 12 months
Prince Edward Island *
50% + 1 50% + 1 Not specified * Mgmt concerns raised = election
No 6 months
Quebec 35 - 50% 50% + 1 Not specified Never At least $2 12 months
Application for Vote vs. Card CertJurisdiction Vote
SupportTime to Vote Vote History Card Fee
RequiredShelf Life of a
Union Card
Guaranteed Certification VoteAlberta 40% “ASAP” 1988 - present At least $2 90 days
Saskatchewan 45% 3 days + 2008 - present No 3 months
Vote held – BUT might not count if Board certifies for employer Unfair Labour Practices
British Columbia 45 - 100% Within 10 days
1989 – 19932001 - present No 90 days
Nova Scotia (non-construction) 40 - 100% Within 5 days 1977 - present At least $2 3 months
Ontario(non-construction) 40 - 100% Within 5-8
days 1995 - present No 12 months
Why is Retail a Target?• Non-exportable business • Expansion of retailers in Canada • The domino effect in retail
– Unionize one store to get another– DC’s & call centres easier targets than stores
• Susceptibility of the retail sector– Open access, wages, seasonal layoffs, working
conditions & hours, scheduling
Today’s Organizing Strategies• Frustrated employees contact a union
– #1 source of organizing, too often a surprise• Technology
– YouTube, Facebook, Twitter, Blogs• “Salting”• Corporate Campaigns
– Websites, public protests, advertising, media
Visible Signs of Union Organizing• Union cards• Union leaflets• Union propaganda
Visible Signs of Union Organizing• Taking to Twitter with the hashtag #GoodJobsRev
to get the conversation started.
• Watch http://www.unifor.org for Unifor’s ‘National Good Jobs Summit’ where we will bring together all stakeholders to start a conversation about creating jobs with fair wages – jobs safe & secure.
OUR Sobeys
OUR Sobeys
OUR SobeysWe work hard to make our Sobeys successful, but we are not always treated with the respect we deserve. The company often chooses not to follow our employee handbook and the open door policy is broken. When we raise important concerns about our working conditions, they are swept under the rug and sometimes we even feel punished for standing up for our values. Scheduling is unpredictable and many employees do not get enough hours to make ends meet. Instead of recognizing our dedication and length of service, our hours are often cut and we’re still waiting for the pay increases we deserve.
OUR Sobeys
OUR Sobeys
Proactive Preparation• Training – esp front line supervisors/mgrs
• Recognizing covert organizing• Do’s & don’ts• How to respond: build confidence, role plays
• “5 Day Plans”• SWAT Teams• Communication track record & credibility• Overall paradigm shift re real employee wishes• Managing change
Proactive Preparation• Leadership training
– Get comfortable talking about unions• Review strategies to
– Mend relationships– Create new relationships
• Policy reviews– Review recent disciplines/terminations– Payroll issues
Responding to “Union Chatter” & Leafleting• Look for Quick Wins
– Break rooms, washrooms, schedule posting• Listen & Educate
– What does signing a card mean• External Research
– Research recent organizing efforts within industry
Responding to Card Certification Drives • Respond swiftly to rumours• Activity: Assume 1 card away from losing• What are the issues? Focus groups• Mgmt-led all employee meetings, open Q&A
Proactive Employer Strategies Leverage the near-death experienceFocus on both short & the long ballShort:
• Not enough cards signed for cert without a vote• Quick action can defeat expedited elections• Employee defeat of strike vote if certified• Employee rejection of collective agreement
Long:• Create environment ripe for decertification• Improved sales & profits, employee engagement
Strategic Proactive Considerations• Critically assess your leadership teams• “Dashboard” to monitor for problem locations• Prepare for Application for Certification
– Test time to get accurate & rated employee lists– On the shelf draft communications blessed by local
counsel in each operating province– Updated contact lists – all key internal & external
players – imagine 3 days application to vote . . .
Recognizing the Effect of Solid Leadership on Employees Engagement
What Do Leaders Do?• Relevant ops & HR policies & procedures• Execute the above . . . • Set expectations & manage performance• Motivate, activate & engage employees• Communicate & inform• Address workplace issues• Gain & keep TRUST of employees
Why is Trust so Important?
If they believe in you they will choose…
YOU!!
Current Reality• Law & system biased towards unionization
• Management responsibility to inform employees
• Employees have greater free speech & activity rights
• Majority of employees not pre-disposed to unionization
Employee Rights to Oppose Unionization Employees have rights to be union-free:
• Employees may refuse to sign union cards during organizing
• Issues of intimidation, coercion, undue influence, misinformation by organizers / fellow employees
• Employees may openly campaign against the union• Employees have greater free speech & action rights than
unions & CERTAINLY greater than employers• Employees may cancel union cards & try to file them in
time• More likely to do all of this if they know employer wants to
be union-free
Proactive Employer Strategies Employees KNOW where employer stands
– Most of employees don’t want to be unionized– They will tell you early on– They will resist– Maybe they can will find help
BUT – 80% opposed can all sign if relationship is blown– You can still recover in expedited elections– Focus on future decertification if not
Summary• Only 18% of private sector unionized, down from
30%• 83% of private sector workers union-free in spite of
biased labour codes & LRB / court decisions• 71% of public sector employees are unionized• 77 % of union-free Canadians don’t want to be
unionized• 27 - 33% of currently unionized don’t want to be
Some of them work for you – do they know where you stand?
Conclusions• Do you have the right team?
– HR– Legal– Consultants
• Clear union-free policies & training• If unionized, what is your plan?
Gotcha . . . & This Really Happened!!!
Contact InfoMike Sherrard – Sherrard Kuzz LLP
250 Yonge Street, Suite 3300Toronto, Ontario M5B 2L7
Phone: 1-416-603-6240
John Mortimer – Mortimer & Company2077 Nelson Street, Suite 1102Vancouver, BC V6G 2Y2
Phone: 1-604-720-0133