Body: Council Type: Agenda Meeting: Special Date: March 11, 2015 Collection: Council Agendas Municipality: Frontenac County
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County Council – Special Meeting March 11, 2015 – 2:00 p.m. The Bud Clayton Memorial Room, 2069 Battersea Road, Glenburnie, ON
AGENDA Page 1.
CALL TO ORDER
ADOPTION OF THE AGENDA
DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF
DEPUTATIONS AND/OR PRESENTATIONS
REPORTS FROM THE CHIEF ADMINISTRATIVE OFFICER
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Labour Relations & Collective Bargaining Mr. Garth Johns of Garth S. Johns Human Resources Services and Ms. Colleen Hickey, Manager of Human Resourses, will provide Council with an overview of labour relations.
CLOSED MEETING As Authorized under Section 239 of The Municipal Act, to consider: a) Labour relations or employee negotiations - as it relates to the labour relations strategy. RESOLVED THAT Council enter into closed meeting as authorized under Section 239 of The Municipal Act, to consider; (a) Labour relations or employee negotiations as it relates to the labour relations strategy.
Rise from Closed Session RESOLVED THAT Council rise from closed session without reporting
MOTIONS, NOTICE OF WHICH HAS BEEN GIVEN
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Page 8.
GIVING NOTICE OF MOTION
OTHER BUSINESS
PUBLIC QUESTION PERIOD
BY-LAWS – GENERAL BY-LAWS AND CONFIRMATORY BY-LAW First and Second Reading RESOLVED THAT leave be given the mover to introduce by-law a) that has been circulated to all Members of County Council and that by-law a) be read a first and second time. Third Reading RESOLVED THAT by-law a) be read a third time, signed, sealed and finally passed.
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By-laws a) Confirmatory By-law [Proposed No. 2015-0012]
ADJOURNMENT
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Labour Relations & Collective Bargaining The Corporation of the County of Frontenac
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Principles What is Bargaining in Good Faith Principles of Collective Bargaining
Pay Equity Act How Do We Maintain Effective Employee Page 4 of 39
Relations
Labour Relations What is Bargaining in Good Faith
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Duty of Fair Representation by Union
So what?
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Unfair Labour Practices Interference with application Inappropriate influence of members
Promises, promises, promises Just the facts ma’am Page 7 of 39
Labour Relations Principles of Collective Bargaining
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Mandatory Contents of Collective Agreement
• Recognition • Union dues
• Arbitration • Strikes & lockouts Page 9 of 39
• Term (minimum of 1 year)
What is a Collective Agreement?
Written contract of employment between employer and group of employees represented by a trade union
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Purpose of a Collective Agreement? • Contains provisions governing terms and conditions of employment
• Sets out the rights, privileges and duties of employer and members of bargaining unit
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Collective Bargaining • Process in which a Trade Union and Employer negotiate a 1st Collective Agreement or renewal of previous Collective Agreement
• Process includes voluntary mediation and mandatory conciliation
• If no settlement is reached following meetings with a Page 12 of 39
conciliation officer, a “No Board” report is issued
Collective Bargaining • After a specific time frame, the union and employees are in a legal strike position, and the employer is in a legal lock-out position
• The Union and employees must take a strike vote, whereby more than 50% of those voting go in favour of the strike Page 13 of 39
The Bargaining Process 1.
Internal meetings to develop and discuss proposals and strategies
File notice to bargain within 90 days of expiry of collective agreement
Bargaining Stages:
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• Exchange of proposals, etc. • Non-monetary items generally settled first
The Bargaining Process 4. Conciliation:
• Appointment of Officer at request of either party
• Compulsory before a strike or lock-out can occur (strike planning procedures)
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- Expiry of Collective Agreement
The Bargaining Process 6. Filing of No Board Report
• On the 17th day following a No Board Report, the parties are in a legal strike or lock-out position
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Note: Does not necessarily mean at strike or lock-out will occur, only that parties are in a position to do so if they choose.
Relationship Building • Importance of Team • Attitude, gratitude & action
• Be nice; be respectful • Golden Rule Page 17 of 39
• Enjoy what you do
Management Rights The Union recognizes that it is the right of the Employer to manage the facility and to:
a) Maintain order, discipline and efficiency; b) Hire, assign, discharge, direct, promote, demote, classify, transfer, lay off or recall employees, subject to the terms of the collective agreement; Page 18 of 39
Management Rights c) Suspend or otherwise discipline employees for just cause provided that a claim by an employee that she has been unjustly dealt with will be subject to the grievance procedure;
d) Determine the work to be done, the location, methods, work assignments and the schedule for the performance of such work; Page 19 of 39
Management Rights e) Make, enforce and alter from time to time reasonable policies and operational procedures and processes to be observed by the employees.
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Common Issues • Discipline • Absenteeism • Harassment
• Policy matters • Scheduling Page 21 of 39
• Contracting out
Grievances • Grievances
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What Happens if an Employer is Perceived to have Violated the Terms of the Collective Agreement? • A grievance is filed • A written complaint alleging a violation/contravention of the Collective Agreement
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What Happens Once a Grievance is Filed? • The grievance process is outlined in the collective agreement
• Usually three or four steps
• At each step, management and union representatives meet to discuss and review the case Page 24 of 39
What Happens Once a Grievance is Filed? • Step 1 is between employee and immediate supervisor
• Each step involves more people and a more senior level of management and union
• Final step before arbitration involves CAO and National Representative from union Page 25 of 39
Types of Grievances
Individual: subject matter is personal to employee
Group: grievance involves a number of employees
Policy: also known as union grievance – the issue Page 26 of 39
is of general interest applicable to a large number or all of union’s members
Types of Grievances 4. Hybrid: policy and individual grievance – one or more individual files grievance and the union files a policy grievance
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What if the Union and Employer Cannot Settle a Grievance? • The grievance would be referred to an arbitrator or board of arbitration
• The process by which a grievance is referred to arbitration is included in the collective agreement
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The Role of the Arbitrator • Similar to a judge/court • He/she makes a BINDING decision resolving the dispute between two parties.
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Advantages/Disadvantages of Going to Arbitration Advantages: A third party decides Disadvantages:
Decision is binding Usually one party is “winner” and other is “loser” Arbitration process is lengthy and expensive Page 30 of 39
Expedited Arbitration • Expedited Arbitration is an option
Advantage:
• Ministry of Labour assigns an arbitrator and the case is heard within 15 days
Disadvantage:
• Since the arbitrator is appointed, neither Page 31 of 39
party has input into selection
Mediation:
Alternative to Arbitration?
• Occurs after the various steps of a grievance have been exhausted but before (and potentially instead of) arbitration
• If parties agree in writing to a settlement, the settlement is binding
• If parties do not feel issue can be resolved at mediation, then proceed to arbitration Page 32 of 39
Advantages to Mediation? • Quicker than arbitration • Win-win approach
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Are All Mediations Successful? • No • If an agreement is not reached, proceed to arbitration
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Pay Equity Act • In 1987, the Ontario government passed the Pay Equity Act. The Act describes the minimum requirements for ensuring that an employer’s compensation practices provide pay equity for all employees in female job classes. The purpose of this Act is to redress systemic gender discrimination in compensation for work performed by Page 35 of 39
employees in female job classes.
Pay Equity • Pay Equity is “equal pay for work of equal value”. Pay equity has been recognized as a fundamental human right.
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Labour Relations • Key Components of Building and Maintaining Effective Relations with Employees.
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BY-LAW NO. 2015-0012 OF THE CORPORATION OF THE COUNTY OF FRONTENAC being a by-law to confirm all actions and proceedings of County Council on March 11, 2015
WHEREAS Section 8 of the Municipal Act, S.O. 2001, c.25 and amendments thereto provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act or any other Act; and; WHEREAS Subsection 2 of Section 11 of the Municipal Act, S.O. 2001, c.25 and amendments thereto provides that a lower-tier municipality and an upper-tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in the Table to Subsection 2 subject to certain provisions, and; WHEREAS Section 5 of the Municipal Act, S.O. 2001, c. 25 and amendments thereto provides that a municipal power, including a municipality’s capacity, rights, powers and privileges under Section 8 shall be exercised by its council and by by-law unless the municipality is specifically authorized to do otherwise; and; WHEREAS the Council of the County of Frontenac deems it expedient to confirm its actions and proceedings; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the County of Frontenac hereby enacts as follows:
- THAT all actions and proceedings of the Council of the County of Frontenac taken at its special meeting held on March 11, 2015 be confirmed as actions for which the municipality has the capacity, rights, powers and privileges of a natural person.
- THAT all actions and proceedings of the Council of the County of Frontenac taken at its special meeting held on March 11, 2015 be confirmed as being matters within the spheres of jurisdiction described in Subsection 2 of Section 11 of the Municipal Act, S.O. 2001, c.25 and amendments thereto.
- THAT all actions and proceedings of the Council of the Corporation of the County of Frontenac taken at its special meeting held on March 11, 2015 except those taken by by-law and those required by by-law to be done by resolution are hereby sanctioned, ratified and confirmed as though set out within and forming part of this by-law.
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4. THAT this by-law shall come into force and take effect as of the final passing thereof. Read a First and Second Time this 11th day of March 2015. Read a Third Time and Finally Passed, Signed and Sealed this 11th day of March 2015.
The Corporation of the County of Frontenac
Denis Doyle, Warden
Jannette Amini, Clerk
By-law No. 2015-0012–To Confirm all Actions and Proceedings of County Council on March 11, 2015 Page 2 of 2
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