FAQ
What is Preventive Mediation? Joint Action Committee- Progress Through Joint Action
- Why Consider Joint Action?
- What's in It for Management?
- What's in It for the Union?
- Some Common Concerns with Joint Action
- Mediator Assistance
- Joint Training
- Why Is Training Necessary?
- Why Joint Union-Management Training?
- What Areas Does Joint Training Cover?
- How Is It Presented?
- Who Can Take Part?
- The Program
- How Does It Work?
- Following Through
- How Is an RBO Program Initiated?
- A Road-Map to an Improved Relationship
Mediator Consultation
What is Preventive Mediation?
Mediators with Conciliation Services are involved in hundreds of collective bargaining sessions each year. They observe that the cause of many negotiation breakdowns and work stoppages is a poor union-management relationship. As tough as contract issues can be, the difficulty of their resolution will be further complicated if the relationship is characterized by ineffective communications, distrust, and lack of mutual respect.
The day-to-day relationship between union and management rarely gets their regular attention. Rather, it develops as an accumulation of the parties' experiences together and their attitudes to each other. This relationship is all important, however, when the going gets tough.
The adversary system of collective bargaining does not stop the parties from working together, during the term of the collective agreement, on problems of the workplace that cannot be effectively addressed in the 'win/lose' atmosphere of negotiations. In fact, this type of work will likely prevent many small issues from festering into insurmountable ones at contract renewal time.
Preventive mediation means assistance to union and management parties who want to build a constructive relationship. The programs are all voluntary and jointly structured. Union and management must share the desire to improve their relationship and be prepared to begin the work necessary to bring about change. Leadership and advice are provided by experienced mediators who are established labour relations neutrals. Preventive mediation approaches are based on participation of both union and management. Those who are involved in the relationship are the experts on its shortcomings and are the best equipped to identify and implement appropriate solutions.
There are no 'quick fixes' in relationship improvement, so preventive mediation programs take place during the term of the collective agreement, allowing time to develop new methods of solving mutual problems.
Since its introduction in 1978, the preventive mediation program has been used with success by many parties in virtually every sector if the labour-management community. This success is a credit to the committment and effort brought to each initiative by the union and management representatives involved.
How Does it Work?
There are four component programs to preventive mediation:
- Constructing an informal communications forum through the Joint Action Committee concept.
- Learning rights, roles and responsibilities of the parties through a First Agreement Orientation Program.
- Learning jointly about relationship skills and techniques in a Supervisor-Stewart Training seminar.
- Rebuilding a strained relationship, using the Relationship by Objectives approach.
Joint Action Committee
Progress Through Joint Action
Often the only means of union-management communication during the term of the collective agreement is through grievance procedure. This procedure is formalized by the contract and is adversarial in nature. The 'win/lose' atmosphere is not designed for resolving other matters of mutual concern. The parties frequently find that unresolved day-to-day problems fester and become critical issues at the bargaining table. Establishment of a joint action comittee can help change this.
Some of the symptoms of poor communications between union and management are:
- an usually high number of grievances or repeated grievances on the same issues;
- improper use of the grievance procedure;
- few settlements of grievances in the first stages, or an excessive number of arbitration cases;
- frequent disciplinary actions;
- a large number of demands that reflect a strained relationship between the parties;
- distrust or a lack of respect and credibility between representatives of union and management;
- an economic or external crisis facing the employer;
- a general communications breakdown at any or all levels;
- low morale, high turnover and employee dissatisfaction.
Why Consider Joint Action?
Today's complex economic climate calls for new efforts by union and management to work co-operatively to make the most productive use of their skills and resources. In addition, employees' work expectations challenge both their union representatives and management to an unprecedented degree.
Many management and union leaders recognize that new approaches are needed to handle mutual problems. Co-operation is essential to create a work place where employees are challenged and satisfied. Methods must be found that better utilize the skills and insights of employees. A sense of shared purpose is required to increase the effectiveness of the organization.
A joint action committee is an extremely flexible method of addressing these needs. Joint action is not a substitute for the grievance or negotiations procedures, but it can contribute to making both more effective by finding several solutions to matters not served by an adversarial approach.
Why Consider Joint Action?
- An open channel of communication for management to establish a better relationship with the union committee and to communicate with employees through their chosen leaders.
- An opportunity for early discussion of operational problems, planning and scheduling and other matters that have potential impact on employee work schedules, overtime, lay-offs, recalls, temporary transfers or new job opportunities.
- An opportunity to be responsive to constructive suggestions and valid complaints, thereby demonstrating that management is sincerely interested in improving the work environment and in taking advantage of employee skills and insights.
- A forum to review business conditions, quality problems, product or service development, customer requirements and other issues that highlight the employees' critical role in the success of the organization.
What's in It for the Union?
- An open channel of communication to senior management so as to provide them with better information on membership concerns.
- An opportunity for input to operational problems and management plans that affect work schedules, job assignments and working conditions.
- An avenue to express employee complaints that lie outside the normal grievance procedure and an opportunity to resolve minor problems before they become grievances.
- A forum to encourage management to recognize the union as a responsible organization with a constructive role beyond that of simply processing grievances.
Some Common Concerns with Joint Action
As valuable as the potential of a joint action committee can be, some parties are reluctant to get involved. Management is sometimes anxious that a committee might encroach on its right to manage. As well, they feel that such an initiative will require more time off with pay for union members and that it will require further time and attention from management personnel. On the other hand, union representatives are concerned about the political implications of how their members might view their participation in joint action committee meetings. Union leaders don't what to be charged with getting too cosy with management and have little interest in consulting with management unless they can make a serious contribution. They don't want to be patronized.
The joint action committee method requires sincere people who are willing to give it their best effort. It is a problem-solving approach and does not imply a shifting of power. Rather, it is simply a better means of communicating and exercising the responsibility of leadership.
Mediator Assistance
Nova Scotia mediators are committed to helping union and management officials establish and mantain improved relationships. They are in a unique position to provide expert assistance in the formation of a joint action committee. The most essential ingredient of a smoothly functioning committee is the initial planning and organization. It is in this key phase that the mediator's experience and guidance can be most valuable.
Once the parties agree to the establishment of a joint action committee, an organizational meeting is necessary. This meeting requires the involvement of the decision-makers from management and union since both the composition and the guidelines of the committee will be established at this session.
These guidelines should include statements on:
- the purpose and commitment of the committee;
- the structure, size and chairing of the committee;(Each party should assign top representatives as permanent members. Provision may also be made for the rotation of 'at large' members.)
- a procedure for the exchange of agenda items prior to each meeting;
- an agreement on the nature of proper agenda items;
- the time, place, duration and frequency of meetings;
- the method for taking minutes of the meetings;
- the method of minutes distribution;
- payment for time spent in committee meetings;
- other matters unique to the relationship
Careful attention to these questions at the outset will avoid many of the pitfalls a committee can encounter. The assisting mediator will attend the first committee meeting to provide appropriate guidance. After withdrawing from active involvement, the mediator can be contacted for further consultation is such a need arises.
Obviously, the commitment of the parties is critical to the success of the joint action committee. The concept must be supported and understood by everyone affected. With these factors in place, union and management will have created an effective mechanism for consciously managing their relationship.
Supervisor-Steward Training
Joint Training
Frequently, a constructive relationship between senior union and management officials deteriorates because of friction between supervisors and stewards at the work place. These difficulties can usually be traced to a misunderstanding of roles and responsibilities and a lack of training in labour relations principles and practice.
Union and management have a mutual interest in ensuring that supervisors and stewards have both the skill and insight to deal with labour relations problems. Joint union-management training is one means of developing these attributes.
Why Is Training Necessary
Training, despite the best of intentions, is often one of those things put off until later. When a new supervisor is appointed or a bargaining unit member is elected as officer or steward, they are thrust into collective agreement responsibilities for which they may have little or no training. Without some basic understanding of, and skills in, labour relations, the result is often confusion, confrontation and costly mistakes for both sides - conflict about who is right instead of what is right. Today's unresolved problems become tomorrow's issues in contract negotiations.
Whether they be new to their respective roles or in their positions for many years, their needs are the same. Labour relations training can contribute to more confidence and to a better understanding between supervisors and stewards in dealing with day-to-day problems in the work place. The level of this understanding will significantly influence the health of the union-management relationship.
Why Joint Union-Management Training?
Employers and unions conduct educational programs for their respective representatives, but such programs usually focus on the advocacy of their own respective viewpoints. Without attempting to replace these initiatives, the Department of Labour joint training program offers an added dimension -- front line representatives, i.e. supervisors and stewards, have the opportunity to share ideas and learn labour relations skills together.
Although supervisors and stewards often find themselves on different sides of an issue, they need the same skills to resolve that issue. The educational experience of learning together is an important first step in breaking down barriers.
What Areas Does Joint Training Cover?
The joint training program provides the opportunity for union and management participants to:
- understand each other's point of view and discover how much they really have in common;
- examine the critical role that attitudes play in determining the nature of the relationship;
- improve problem-solving skills, especially as used in the complaint/grievance procedure. The program does not attempt to address specific ongoing grievances;
- recognize and respect each other's rights, restrictions and responsibilities;
- refresh basic communication skills.
The objective of joint union-management training is to have the participants take the skills and principles learned together in the classroom and put them into practice at the work place.
How Is It Presented?
A joint training program requires one all-day session during which supervisors and stewards analyze films depicting typical communications and grievance problems, deal with realistic case studies and discuss labour relations topics. The emphasis is on participation and the sharing of ideas and opinions. The presentation is led by a team of mediators who, because they are on the daily labour relations firing line, focus on practical subjects instead of classroom theory. It should be stressed that the aim is directed at skills on which both parties rely -- the mediators do not conduct contract interpretation training.
Who Can Take Part?
The focus of joint training is the front line steward-supervisor relationship, but other senior personnel who represent the parties in labour relations matters are encouraged to participate. Sessions are scheduled during the work-week in consultation with both parties so that interference with normal work operations is minimized. Classes may vary in size from 12 to 32 people. Participants are designated by their respective union management officials and usually are roughly equal in number. In the case of larger bargaining units, it is sometimes appropriate to schedule more than one day so that all potential participants have the opportunity to attend.
Relationship by Objectives
The Program
The Relationship by Objectives program (RBO) presents an opportunity for union and management to redesign their relationship systematically. It assumes that union and management acknowledge the mutual advantage to be gained by establishing credibility, co-operation and communications between themselves.
RBO was developed in the United States in the early 1970s and has been used extensively throughout North America since that time. It has proved effective in the promotion, development and maintenance of sound relationships between employers and unions in all economic sectors. However, the success of an RBO program depends entirely on the amount of the effort the parties put into following through on the objectives they set for their relationship. Before an RBO program can be of assistance, both union and management must acknowledge that they need and are willing to accept assistance in resolving mutual problems. The approach cannot work without this prior commitment at all levels of both the management and the union organizations.
How Does It Work?
The RBO program uses an intensive two or three day seminar, away from the work locale, where the key leaders and representatives of management and the union work through a series of steps to redefine their relationship. This sequence can be outlined as:
- familiarization with the approach;
- identification of all the relationship's shortcomings;
- thorough, candid discussion to air these problems and reach a mutual understanding of them;
- the setting of objectives that, if achieved, will overcome their problems;
- establishing an agreed action plan to fulfill the objectives;
- assigning responsibility for monitoring the action plan and agreeing on target dates;
- following through on commitments
An RBO program is led by a team of mediators who provide guidance, direction and leadership as the parties work through the process. The participants meet in a variety of work groups at the various program stages, maximizing, in each case, the flow of ideas between participants.
Following Through
Turning around an ineffective union-management relationship in a few days is difficult. Although the intensive work at the RBO session provides the parties with a clear plan and good initial momentum, much work remains to be done. Changing old attitudes of mistrust and lack of communication is not easy. This is where the initial joint commitment to change comes into play. The RBO participants are charged with the task of bringing their colleagues at the work place into the spirit of the new relationship. There will be a concentrated period of activity and meetings required to fulfill the commitments of the action plan. To coordinate the timetable, a joint action committee is frequently formed.
Follow-up meetings are scheduled by the mediators to monitor progress and to help network areas that need further attention. The final objective is a healthier relationship able to withstand the challenges that confront union and management leaders.
How Is an RBO Program Initiated?
Planning an RBO program has to be a careful process. Neither union nor management is served by a program to which the other is not committed. Changes in attitude and approach do not last long if both sides do not respond in kind. Consequently, on the request of either party, our mediators conduct exploratory meetings to ensure that the program is appropriate and that key personnel are committed to the concept. With a decision to proceed, arrangements are begun and a meeting is held prior to the program date in order to confirm all details.
A Road-Map to an Improved Relationship
RBO is not a 'quick fix'. Our mediators provide expertise through a proven procedure, but the content is the responsibility of the parties. They emerge from the program armed with a list of common objectives and an action plan that they set themselves.
In a sense, they have a road-map to a relationship based on effective communications and mutual respect. Like any relationship worth preserving, it can be attained only by continuing to work together.
First Agreement Orientation Program
Rights, Roles and Responsibilities
Overview of Program
The N.S. Labour Relations Board grants approximately 56 new certificates per year. The majority involve relatively small employers with less than forty employees. The rights and obligations of the employer, employees, and the union involved in a new certification are often unclear to the parties involved. This may lead to problems both during and after the certification process, as well as during collective bargaining for a first collective agreement.
Difficulties are often encountered in balancing the interests of the union, the employees, and the employer while maintaining the employer's productivity, profitability, and effiency.
As part of its service to the labour relations community, the Conciliation Division of the Department of Labour has developed an information program to assist employers and unions who have recently been involved in a new certification.
This program involves a presentation by a conciliator, is approximately one hour long and is available free of charge. It can be presented to an employer or union, either jointly or separately as desired.
This program is designed to provide general information and assistance. It is left to the parties to obtain their own legal or specific labour relations advice.
1. Legislation
- The Trade Union Act, the Teachers' Collective Bargaining Act, and the role of the Conciliation Services
- Bargaining Process
- Statutory Freeze
2. Collective Bargaining
- The process of collective bargaining
- Duty to bargain
- The content of collective agreements
3. Conciliation
- Method of appointment
- Role of the conciliator
- First collective agreement conciliation
4. Impasse Issues
- Officer's Report
- Countdown Period
- Notice of Strike or Lockout
5. Relationship Improvement Programs
- Grievance Mediation
- Joint Action Committee
- Joint Supervisor/Steward Training
- Relationship by Objective Program
Mediator Consultation
A Word About Costs
The costs of preventive mediation programs are small relative to their potential value. In all cases, there is no charge for mediator services or expenses. Further, Conciliation Services provides all materials and, in joint training or RBO programs, the meeting rooms. Joint action committee meetings and First Agreement Orientation programs usually take place at the worksite.
In all programs, the employer is expected to pay all participants their normal wages for the time involved. In the joint training and RBO programs, the parties are responsible for the cost of coffee breaks and their meals. With RBO, the parties are also required to pay for their respective overnight accommodation.
Not working together costs everybody -- union and management alike. Preventive mediation can save both parties time and money and assist in the development of constructive relationships.