Presentation Transcript

1. 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
2. CBC Union Drive Documentary
3. Canadian LabourWatch AssociationInformed Employees Making Informed Choices Only “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 employees Download documents: cancel cards, decertification, file employee Unfair Labour Practices against a union Links to unions Research & education www.labourwatch.com
4. 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)
5. Unionization – Public and Private Breakout - 2012 Unionized Private Sector 17.6% Union-Free Public Sector 25.5% 916,600 1,992,600 Unionized Public Sector 74.5% Union-Free Private Sector 82.4% 2,684,200 9,347,700 Total Workers – 14,941,100 Excludes self-employed Statistics Canada Labour Force Survey 2012
6. Unionization Density Trend – 1981 to 2012 Newfoundland & Labrador Workforce % British Columbia Quebec Ontario Alberta Data: Statistics Canada Labour Force Survey 2012
7. 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)
8. Application for Card Cert vs. Vote
9. Application for Vote vs. Card Cert
10. 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
11. 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
12. Visible Signs of Union Organizing Union cards Union leaflets Union propaganda
13. 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.
14. OUR Sobeys
15. OUR Sobeys
16. OUR Sobeys We 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.
17. OUR Sobeys
18. OUR Sobeys
19. 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
20. 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
21. 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
22. 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
23. Proactive Employer Strategies Leverage the near-death experience Focus on both short & the long ball Short: 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
24. 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 . . .
25. Recognizing the Effect of Solid Leadership on Employees Engagement
26. 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
27. Why is Trust so Important? If they believe in you they will choose… YOU!!
28. 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
29. 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
30. 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
31. 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?
32. Conclusions Do you have the right team? HR Legal Consultants Clear union-free policies & training If unionized, what is your plan?
33. Gotcha . . . & This Really Happened!!!
34. Contact Info Mike Sherrard – Sherrard Kuzz LLP 250 Yonge Street, Suite 3300 Toronto, Ontario M5B 2L7 Phone: 1-416-603-6240 John Mortimer – Mortimer & Company 2077 Nelson Street, Suite 1102 Vancouver, BC V6G 2Y2 Phone: 1-604-720-0133