Trends in Labour Relations - Labour Lawyers | Roper ...

Trends in Labour Relations

RG Workplace Law Summit

September 2017

Gregory J. Heywood

604.806.3841

[email protected]

Graeme McFarlane

604.806.3859

[email protected]

Trends in LabourRelationsGregory J. Heywood

Graeme McFarlane

• Demographic change at work

• Technology and the workplace

• Trends in labour relations

• Workplace trends

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What we will cover

Outline

Demographic Change at Work

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Demographic Change Creates Challenges

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Union Density 1981-2012

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Union Density by Industry 1999-2012

This table displays the results of table 2 unionization rates by North American Industry Classification (NAICS) 1999, 2007, 2012 and change (1999 to 2012), calculated using percentage and percentage point units of measure (appearing as column headers).8

Technology and the Workplace

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• John Maynard Keynes, “EconomicPossibilities for our Grand-Children”(1930), predicted workplace productivity

• Automation and efficiency of technologycontain both promise and danger interms of what makes work meaningful

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• Computing applications permitincreasingly sophisticated tools formanaging workforce, performance, andtasks

• Pressure of technological applicationsbecoming increasingly intrusive inassessing personality and aptitude

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• Technology is not simply a tool, but aplatform

• Integrated into every business, everyjob, including how businesses interactwith the public

• Even in traditional or manual labourjobs, technology will play a role inscheduling, dispatch, optimization ofwork

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• Technology is eliminating and changingexisting jobs

• Traditional jobs may be integrated withrobotics and technology– Employees still required to operate and

guide robotics/technology

• Next frontier is artificial intelligencewhere machines have the ability tomake decisions

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• Brookfield Institute for Innovation +Entrepreneurship at Ryerson Universitysaid in 2016 report that more than 40%of Canadian workforce is at high risk ofbeing replaced by technology andcomputers in the next 20 years

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43

-17.1

20.7

166.2

-50

0

50

100

150

200

Public sector Private sector

Increase in BC Employees by Sector, 2005 to 2015thousands

not covered by a collective agreement

covered by a collective agreement

Source: Statistics Canada

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• Historical Approaches– Union Resistance

• Adversarial process to prevent certification

– Union Acquiescence• Union’s inevitable, zero sum game

– Union Avoidance• Match benefits to provide little benefit to

Unionization

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• Evolving Approaches– “Business Friendly” Unions

• CLAC

– Employee Organizations

– Alternate Organizations

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• CLAC– Becoming more sophisticated

– Realizing that can align workersinterests with business

– Partnerships with other Unions to supplyskilled labour

• Ironworkers Agreement

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• Alternate Organizations– Canadian Work Strategies

• Labour Relations Framework providesfeatures of positive Union impacts withoutthe Union

– Mutual Accountability

– Dispute Resolution

– Access to leading Health and Welfare Plans and RSP’s

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Workplace Trends

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Practical World of Workplace Rights

• Recognition that “work” helps form socialnorms

• But, workplaces are necessarily impacted by external social norms and policy

• Work is not simply a private (contractual)arrangement, but a social institution requiringregulation by society

• “Work” and “life” are not separate ideas; workis an integral part of our lives– Work-life balance is a spectrum, not

balance-scales

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Protection of the Intangible

• Legal regulation has moved fromprotection of the tangible to the intangible– “Injury to dignity and hurt feelings”– Psychological disorders/harm– Emotional/mental health– Privacy interests/rights– Psychological well-being

• Where workplace rules/regimes are animpediment to unique personalcircumstances, or individual well-being,they are challenged

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Changing Nature of Work

• Majority of employees have devices thatallow them to check email or workremotely

• Important for employers to have policiesrelating to work remote work

• How do you monitor?• How do you pay?• What policies are in place and how do you

enforce them?

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The purpose of this presentation is to provide an overview of this area of the law. This does not by any means constitute a full analysis of the law or an opinion of Roper Greyell LLP or any member of the firm on the points of law discussed. © Roper Greyell LLP 2017

Roper Greyell LLP Employment + Labour Lawyers

1850-745 Thurlow Street, Vancouver, BC V6E 0C5T 604.806.0922 F 604.806.0933 ropergreyell.com

GREGORY J. HEYWOOD 604.806.3841

[email protected]

GRAEME MCFARLANE 604.806.3859

[email protected]

Gregory J. Heywood 604.806.3841 | [email protected]

Greg is a founding partner* at Roper Greyell where he provides strategic and practical advice to employers on labour and employment issues in the workplace.

Greg has over 30 years of experience as a labour litigator with a respected reputation as a formidable opponent. Known for his resilient advocacy for his clients and aggressive cross-examination skills , clients can rely on Greg to fight for them. He has had experience as a client himself, so he knows what to expect in representation and how to best provide for his clients.

Greg represents management and employees in wrongful dismissal lawsuits, labour arbitrations, labour board hearings, human rights tribunal hearings and wrongful dismissal proceedings. Greg has also represented unionized employers in grievance arbitrations and workplace discrimination cases based on age, sex, religion and ethnicity.

Committed to client success and long-term positive outcomes, Greg also delivers focused seminars to clients on a wide variety of employment, labour law and workplace human rights issues.

Greg is an active volunteer with many organizations including Access Pro-Bono, and North Shore Rescue. He is also the firm’s representative in the Employment Law Alliance, serves as vice president and sits on the board of directors. With his connections with the ELA, Greg can draw upon thousands of lawyers in over 130 countries to assist with any client needs.

Outside of work, Greg is a Vancouver Canucks fan who loves to ski and travel. He is very thankful for his life partner and their three wonderful daughters, now young women. He especially loves Whistler and the interior mountains of BC. Greg is passionate about exploring both Canada and the world. He enjoys exploring new places for the priceless learnings that come from understanding different cultures and seeing different perspectives.

*Law corporation

Education

B.A., Queen’s University LL.B, University of Victoria

Year of call

British Columbia, 1987 Alberta, 1991

Membership/Affiliations

Canadian Bar Association Chartered Professionals in Human Resources of British Columbia and Yukon (CPHR) American Bar Association Trial Lawyers of British Columbia The Advocates’ Society British Columbia Law Society Alberta Law Society

Rankings/Listings

Martindale Hubbell Chambers Global, 2013-2017 Chamber Canada, 2016, 2017 Who’s Who Legal, 2015-2017 – Labour, Employment and Benefits Lexpert-Ranked Lawyer, 2017

Graeme McFarlane 604.806.3859 | [email protected]

Graeme is a founding partner* at Roper Greyell where he provides strategic and practical advice to employers on labour, employment and human rights issues in the workplace.

Before he was a lawyer, Graeme was a labour relations expert for several national companies — he brings a client’s perspective and concerns to legal challenges. His clients are varied and represent the rich diversity of businesses in British Columbia, which creates an interesting and challenging work environment for him to develop strategic results and practical solutions.

Graeme guides employers through intricate employment issues including those related to executive compensation, restrictive covenants, non-competition and non-solicitation clauses, stock options and remuneration, benefits, protection of goodwill and protection of reputation.

Adjudicators, mediators and clients often compliment Graeme for some of the best briefs and opening statements they have encountered. Not afraid to litigate when the time is right, he knows what it takes to create a path that will provide employers the platform on which they can make the correct business decision.

In addition, Graeme assists employers with equity incentive programs, termination strategies, wrongful dismissal, performance management, progressive discipline, union terminations, managing medical information, duty to accommodate, injunctions, court advocacy and mediation and collective agreement grievance arbitration. Graeme has appeared before courts of all jurisdictions in British Columbia as well as before the Labour Relations Board, the Human Rights Tribunal, and the Employment Standards Tribunal.

Outside of the office, Graeme can be found chasing a small plastic ball around a golf course, sampling a nice bottle of wine, or enjoying BC’s mountain vistas on skis.

*Law corporation

Education

B.Comm, University of British Columbia LL.B., University of British Columbia

Year of call

British Columbia,1999 Northwest Territories, 2009

Membership/Affiliations

Canadian Bar Association Chartered Professionals in Human Resources of British Columbia and Yukon (CPHR BC & YK) Canadian Association of Counsel to Employers

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