The Collective AgreementThe Collective AgreementMIR 810 Unions and Collective Bargaining

Agenda and objectivesAgenda and objectivesCritical perspective on role of

collective agreement in union-management relations

Explore basic components of CAsReview variations in contract

language and consider implications on contract administration

Understand importance of context to application of language

Review innovative language

Key features of CAsKey features of CAsMost contentious article?More detail or less detail?Legal document or living guide?Union power sourcesManagement constraintsInterpretations, applications, and

administration

Recognition, Rights & Recognition, Rights & RelationshipRelationshipScope of bargaining unitManagement rightsUnion securityWorkplace governance

Preamble - NovelisPreamble - NovelisAt Kingston Works both parties to this Agreement have attempted to build an

approach to the operation of the plant that is different from the traditional approach for large industrial organizations.

This approach is based on the belief that conscientious employees, properly informed, carrying out their duties in an intelligent manner, are the best assurance of an effective operation. Such an operation, built on internal support by its own people, can best fill the needs of our customers and the shareholders.

Thus, both parties to this Agreement have worked together to set up plant procedures which reflect these convictions and which give freedom to employees to discharge their responsibilities without unnecessary restrictions.

This approach, and the response of employees to it, made it possible some years ago to eliminate time clocks. Later on, the traditional hourly pay system was discontinued and since that date all employees at Kingston Works have been paid on a salaried basis. More recently, mutual cooperation has resulted in both parties recognizing that employee involvement enhances our vested interest in Kingston Works and provides an environment for continuous improvement.

Both parties take pride in the progress that has already been made in developing an improved working climate which benefits both the employee and the company. We intend to continue our efforts that combine opportunity and challenge for the individual while moving toward our objectives of excellence and preferred supplier status.

Recognition and scopeRecognition and scopeHistorically the main provision in a

collective agreementEstablishes scope of the bargaining

unit◦Include part-time or casual?◦Single location or inclusive?◦New job classifications?

Found under wages or job classification matrix

Double-breasting and erosion of union density

Novelis Kingston WorksNovelis Kingston WorksSECTION I1 - RECOGNITION2.01The Company recognizes the Union as

certified by order of the Ontario Labour Relations Board, dated the 4th day of April 1945, as the sole collective bargaining agent for all the Company's employees of the Kingston Works, save and except Security Officers, employees of the Maintenance Departments, the Machine Shop, Instrumentation, Boiler and Compressor Room and Heating Departments or those engaged in a confidential capacity.

Community Living Community Living KingstonKingstonARTICLE 2 - RECOGNITION2.01 The Employer agrees to

recognize the Union as the exclusive bargaining agent for all employees of the Community Living Kingston, save and except for all management and administration staff.

Management rightsManagement rightsGeneral clause versus long,

specific clause?Concept of residual rights

dominates current legal framework

Implications for labour relations?

Management Rights – CL Management Rights – CL KingstonKingston

ARTICLE 3 - MANAGEMENT FUNCTIONS

3.01 The Union acknowledges and recognizes that the management of the Employer's operations and direction of the working force are fixed exclusively with the Employer and shall remain solely with the Employer except as limited by an express provision of the Agreement. Without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to:

(a) Maintain order, discipline and efficiency;

(b) Hire, assign, promote, demote, discharge, classify, transfer, lay-off, recall and suspend or otherwise discipline employees, provided that a claim of discharge or discipline without just cause by an employee who bas completed h i h e r probationary period may be the subject of a grievance and dealt with as herein after provided;

(c) Determine in the interest of efficient operation and highest standards of service, classification. hours of work, work assignments, methods of doing the work, and the working establishment of any sewice and the standards of performance for all employees;

(d) Make and enforce and alter from time to time reasonable rules and regulations to be observed by all employees. Such rules and regulations shall be communicated to the employees and the Union at the time of their introduction or amendment;

(e) Determine the number of personnel required, services to be performed and the methods. procedures and equipment to be used in connection therewith.

3.02 The Employer agrees that these rights shall not be exercised in a manner inconsistent with the express provisions of this agreement.

NovelisNovelisSECTION 111 - MANAGEMENT RIGHTS3.01 Subject only to any specific provision

contained herein, the Company is not in any way limited in the exercise of all the rights, powers, authority and regular and customary functions of Management, and without limiting the generality of the foregoing these rights shall include the right to introduce technical improvements and methods of operations; the right to engage, promote, demote, transfer and lay off employees; and the right to suspend, discharge or otherwise discipline employees for just cause subject to the right of any employee to lodge a grievance in the manner and to the extent herein provided.

Union securityUnion securityProvisions for organizational

stability of unionFree-ridersCheck-off

◦(US “Right-to-work” states)Contracting outSuccessor language

◦Change in ownership◦Change of contractors

Union Security - NovelisUnion Security - NovelisSECTION XVlll - UNION SECURITY18.01As a condition of employment, all employees

hired before and after the signing of this Agreement shall complete an Authorization of Check-Off form (Appendix Il) and shall have deducted the amount of Union dues or its equivalent as a condition of continued employment. Such amount shall be the current constitutional Union dues or its equivalent as prescribed by the Constitutional authority of the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union.

Contracting out – CL Contracting out – CL KingstonKingston

ARTICLE 14 - WORK OF THE BARGAINING UNIT AND CONTRACTING OUT

14.01 The parties recognize the need of the Association to remain flexible and open to the introduction of new and re-organized service structures, staff pattern, employee roles, responsibilities and work locations necessitated by changing demands on the organization and service needs as determined by clients, their family members and or the Association.

The parties further agree to provide for greater utilization of community resources and to ensure maintenance of optimum services in light of changing government funding policies.

The Union agrees to co-operate with direct volunteer involvement in any and all client programs operated by the Association and the Employer agrees that no bargaining unit member will be laid off as a result of hisher work being assigned to a non-bargaining unit person or contracted out.

However, in instances where lay-offs occur resulting from the Association's income base being affected by either a cancellation, a reduction or an interruption in funding by the Ministry of Community and Social Services, the Union and the Employer agree to co-operate in ensuring the maintenance of optimum levels of services until such time as regular funding has been re-established. The Union agrees to the use of volunteer support in any program so affected should this become necessary.

Workplace governanceWorkplace governanceJoint labour-management

committees◦Topic specific or general◦Distinct from employee involvement◦Union Stewards, front line union

representativesDispute resolution systems

◦No strike / no lockout◦Grounds for grievance◦Structural procedure◦Negotiations or legal adjudication?

Job evaluation committeeJob evaluation committeeARTICLE 30 -JOINT JOB EVALUATION COMMITTEE30.01 The Joint Job Evaluation Committee employs the use of the

Gender Neutral Job Evaluation Program in the rating of all Community Living Kingston bargaining unit jobs. This rating process involves a review of existing job descriptions. The Gender Neutral Job Evaluation program is revised by the JJEC as required.

The composition of the Joint Job Evaluation Committee will include three members from the Union and three members from the Employer.

Other responsibilities of the JJEC include reviewing, confirming, and revising ratings for new and existing jobs as required. responding to requests for reconsideration, and the handling of appeals.

Reconsideration requests may be made either by the affected employee or the Unit Manager.

After rating and reviewing jobs, the JJEC makes recommendations to the Employer and the Union with respect to all matters pertaining to said ratings.

In situations where a job is re-rated, resulting in a higher classification, the JJEC will advise the parties that the job must be posted, consistent with Article 12 of the Collective Agreement.

Work & CompensationWork & CompensationHours of work and scheduling

◦Regular hours (minimum guarantee?)◦Workforce planning & schedule

bidding◦Overtime (opportunity allocation)◦Call-in, on call◦Leaves

Wages & benefits◦Grid, classifications◦Variable pay programs

Salary grid – Novelis Salary grid – Novelis KingstonKingston

Work rules & Job controlWork rules & Job controlInternal labour market – what is it?

◦Union rules on entry?Work rules

◦Skill classifications◦Workload◦Productivity

Movement within Internal labour market

Seniority

SenioritySeniorityStructure of seniority

◦Job classification◦Plant wide◦Combination

Application of seniority◦Promotions◦Transfers◦Job and vacation bids

Weight of seniority

Job transfers - CL KingstonJob transfers - CL KingstonThe Employer agrees to post notices of all job vacancies as defined above. In filling job vacancies, the Employer will consider transfer requests along with all other internal applications for the position. It is understood and agreed by the parties that the decision about whether or not to grant a transfer request for the purpose of filling a vacancy will be made solely by the Employer. While this decision will be based on a number of factors, including a review of any specifically required qualifications, the most important consideration will be the Employer's right and responsibility to match worker strengths and personal attributes to client and organizational needs, in recognition of the fundamental, sensitive nature of the work within the organization.

Layoff - NovelisLayoff - Novelis5.03 Reduction of Forces(a) Whenever a reduction in forces becomes

necessary, any student vacation replacement shall be laid off first without reference to their length of service. When all students have been laid off, any further reduction in forces within a department or within the plant, shall be accomplished by transferring or laying off employees in their inverse order of plant seniority.

(b) Notwithstanding the provisions of Clauses 5.03 (a) or 6.04 (I)in, the event of a reduction in forces, an employee may be retained in a particular job regardless of his seniority, where there is no other available employee with greater seniority who is qualified to perform the job.

Promotion - NovelisPromotion - Novelis6.01 Lines of Progression(a) In each department concerned, the

Company shall post lines of progression.

(b) The Company shall advise the Union Committee and discuss any objections the Committee might express before any change is made in a line of progression. The Company also agrees to advise the Union Committee and discuss any objections before any employees are transferring or reclassified as a result of a change in a line of progression.

Vacancies - NovelisVacancies - Novelis(c) In filling vacancies in posted jobs,

the Company shall first consider and give preference to candidates from within the department concerned. If there is no qualified candidate within the department, the Company shall consider applications received from employees elsewhere in the plant. In either case, preference shall be given to the qualified employee with the greatest plant seniority.

Working conditionsWorking conditionsHuman rights law and the CA

◦Privacy / surveillance / drug testingDiscipline

◦Are management policy books allowed outside of collective agreement?

Health and safety◦Internal responsibility system◦Work refusals

Discipline and terminationDiscipline and terminationJust cause

◦Innocent until proven guilty?Progressive discipline“Cardinal sins”“Sunset clause”Consideration of discipline in

promotion

LOA, LOI, MOU...LOA, LOI, MOU...Part of collective agreement?Topics addressedSunset or renewed at time of expiryNovelis CA

◦Performance recognition program◦Technological change◦Fork truck/crane use◦Extra days off (EDO’s)◦Two-tier pension agreement

Contract “Innovations” - Contract “Innovations” - HRSDCHRSDCCompensation

◦Variable pay provisions◦Flexible health spending accounts

Working conditions◦Learn and work (OPSEU)◦Internationally trained professionals

Labour-management committees◦Women’s Advocate Program (NAV

Canada)◦Workforce adjustment (Job security)