Taking confrontation out of collective bargaining

It is a daunting prospect for many, but collective bargaining has been the most common process for settling labour disputes in Canada for decades.

And so, for decades, employers and unions have relied predominantly upon a largely confrontational approach to end workplace impasses.

In the past few years however, there has been a good deal of discussion about more collaborative approaches to negotiation such as “interest based bargaining” (IBB) or “win-win bargaining.”

IBB is a term generally referring to a form of negotiating where the key parties look for common ground and attempt to satisfy mutual interests through the bargaining process. Different forms of the IBB approach go back decades.

Over the past year across the country, effective labour practices have become increasingly important as labour disruptions continue to hurt productivity.

Some academics and labour relations practitioners believe that more co-operative negotiating approaches, such as IBB, are the key to a healthy and long-term relationship between management and the union. But is IBB truly the miracle cure for a co-operative workplace relationship?

For all the talk and research on IBB, there are surprisingly few examples of its outcomes, let alone success stories. A 1998 U.S. study by researchers Cutcher-Gershenfeld, Kochan, and Wells, of more than 1,000 union and management participants, found fewer than half of unions and only about one-third of management had used interest-based bargaining.

Others point to a more significant oversight. These critics say perhaps too much emphasis is being placed on improving the relatively brief act of negotiating while neglected are some more fundamental workplace practices for the life of the collective agreement.

Mike Salveta, managing director at HROI, a human capital consulting firm in Mississauga, Ont., agrees: “You can have all the latest and greatest co-operative approaches to negotiating, but it means zilch at the bargaining table if you haven’t worked co-operatively throughout the two or three years throughout the collective agreement.”

Faced with an agonizingly acrimonious relationship, what can executives at unionized facilities do to help build up the level of trust and create a positive atmosphere, thereby increasing flexibility and productivity?

Salveta provides a 5-point “workplace revival plan” to get a firm back on track.

1. Start now: Whether you’re a few days from your next collective agreement, just finishing up a new round of negotiating or in the middle of a contract, resolve to take action. Taking action means first gaining the buy-in from your management team. Are they on side with your new vision? Are they willing to put in the time and energy to make this successful?

Second, it means establishing some initial critical, yet achievable deadlines. What are key challenges? Who are the key players? What are key measures of success?

There’s a tendency to coast through the year until the next negotiating period. This wait-and-see attitude is a killer for effective employment relations. Waiting until the next negotiation will only prolong the inevitable and allow bad feelings to fester.

2. Plan the work, work the plan: Don’t expect things to be cured overnight. This is an ongoing process that takes time and eventually becomes a way of doing business. In addition to a solid two- to three-year implementation plan, “contingency planning” is equally important. Things will come out of left field during the course of the collective agreement. Things like legislative changes, technology implementation and even economic shifts (up or down) can all unexpectedly affect the agreement.

It is imperative that managers anticipate issues and act in a proactive manner to address thorny topics before they show up.

3. Stop pointing the finger: Traditionally, management blames the union for a poor labour relations environment — and not surprisingly, vice versa. While it takes two to tango, management needs to swallow its pride and take the first step.

“I think, the most effective approach for management is to sit down honestly with the union and employees and to say ‘We recognize that things aren’t working. We accept our share of the blame. We want to change. We want to take this company into a new direction. We need you to help us get there,’” says Salveta.

While not all executives are comfortable with putting their necks on the line, leaders must understand the cost, time and quality implications of not doing anything to fix the problem.

4. It’s all in the numbers: The old adage of “If you can’t measure it, you can’t manage it” really applies here. For many companies the tell-tale signs of a poor working relationship are hidden in the grievance outcomes.

“It’s amazing what you can learn by simply collecting and tracking the occurrences and analyzing the results. It’s all there, all you have to do is go and get it,” says Salveta.

Aided by the most recent data, this is an excellent opportunity to pick one or two of the most burning grievance issues and work co-operatively with the union to create innovative solutions. Most collective agreements have a “Policy Grievance” section which allows for amendments during the life of the contract.
Focusing on and resolving the burning issues that come up during the collective agreement will make future negotiations much smoother.

5. Don’t forget the front-line troops: Managers and supervisors will either make it or break it for you. They must be the torchbearers of the new vision. Identify which employees are considered key influencers. This means more than just employees with “supervisor” in their title. Anyone who has the ability to affect the terms and conditions of work should be supporting this type of collaborative environment.

Without buy-in, any effort to improve workplace relationships will fail.

Here are examples of what to include in an effective training initiative for the front-line troops:
•Describe the details of the collective agreement. You spend time training employees how to run the photocopier, it pays to teach influencers the ins and outs of the union contract.
•Explain the unique corporate philosophy around workplace expectations. Every company is different. Whether your culture encourages independent thinking or hierarchical decision-making, make sure influencers understand and take ownership for their actions in a consistent manner.
•Provide customized hands-on training to key managers and supervisors. Companies need to have a certain level of sophistication and willingness for this to work, but training in effective communications, teamwork, performance management, coaching and conflict resolution can be extremely effective if designed and implemented correctly.
•Set expectations for documentation procedures. There’s nothing worse than trying to rollout a new workplace relationship when all the supervisors are doing their own thing. Make sure everyone had the right forms, knows what to collect and where to send it.

The negotiation process is not a means to an end, but rather it is the outcome of a complex and successful relationship that is painstakingly built throughout the course of the collective agreement.

Stephen D. Smith is director of marketing and business development for HROI. He can be reached at (905) 507-9708 ext. 251 or [email protected].

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