Director of Facilities and human resources…

1. Director of Facilities and human resources… Observations

2. Reality……in a sector that spends 80-95% on compensation… …we are all human resource managers!

3. BCPSEA and our place… …in BC’s public sector

4. Legislative Mandate …to coordinate the following with respect to a sector: compensation for employees who are not subject to collective agreements benefit administration human resource practices collective bargaining objectives In addition… to foster consultation between the association and representatives of employees in that sector, and to assist the council in carrying out any objectives and strategic directions established by the council for the employers’ association Our Stated “Mission” Is to develop and maintain human resource practices that maximize the benefit for students in our public education system through the effective use of resources and fair terms of employment. BC Public School Employers’ Association

5. First and foremost a… …human resources service agency for the province’s public school boards

6. What is…. ….human resources

7. Human Resources

8. As a Director of Facilities…. ….what do I need to know?

9. Overview of the Day • We will: • Provide a perspective on working a union environment in the public sector. • Provide a brief overview of the legal framework you will work within. • Discuss how you can influence your worksite.

10. What is a Collective Agreement? • A contract between an employer and a union specifying the terms and conditions for employment, the status of the union, and the process for settling disputes during the contract period.

11. Collective Agreement • Collective Agreement provides constraints on management’s discretion. • Collective Agreement is not a “complete code.” • Managerial rights do not have to be explicit in the Collective Agreement.

12. Working in a Union Environment • Managers must ensure that the terms of the collective agreement are adhered to. • The employer has rights but they must be exercised fairly and equitably. • Actions may be subject to review by an arbitrator.

13. Collective Agreement: So, What Does It Say? The following clauses are often raised in the Facilities Department: Union Rights Employee Rights Seniority Hours of Work Call Out Overtime Job Postings No Contracting Out

14. What Do you Need to Consider When Interpreting the Collective Agreement • Words to be taken in ordinary sense. • Meanings must be seen in relation to entire agreement. • Specific over general • Consistency of terms • Past Practice • Negotiating History • Precedents/Case Law

15. Collective Agreement Administration • More complicated than it seems • Ask for assistance.

16. Rights • Employee rights: found in legislation and the Collective Agreements • Employment Standards Act, Labour Relations Code • Managements rights: found in the “residual nature” of the management rights clause.

17. Management Rights • Management’s prerogative to make decisions and take actions to manage. • Residual management rights – those not limited by the collective agreement and legislation or common law.

18. Management Rights • Management’s right to make rules is not unlimited. Rules must be: • Fair • Reasonable • Clear • Brought to employee’s attentions • Consistently enforced

19. Legal Restrictions on the Exercise of Management Rights • Implied Restrictions • Legislation • Deemed to be incorporated into the Collective Agreement • Enforceable by an arbitrator • Collective Agreement

20. Residual Management Rights Collective Agreement Master-Servant Contract- Common Law Legislation providing employee rights Residual Management Rights

21. The Legal Framework • Labour Relations Code • Employment Standards Act • Freedom of Information and Protection of Privacy Act • Human Rights Code • Charter of Rights and Freedoms • School Act • Workers’ Compensation Act

22. Labour Relations Code • Section 89(g): • “An arbitration board has the authority necessary to provide a final and conclusive settlement of a dispute arising under a collective agreement, and without limitation may • (g) interpret and apply any Act intended to regulate the employment relationship of the persons bound by a collective agreement”

23. Parry Sound v. OPSEA • The substantive obligation of statutes regulating the employment relationship are “incorporated into” the Collective Agreement • e. g. The Human Rights Code, the Employment Standards Act

24. Employment Standards Act • Holiday and vacation pay • Overtime • May contain items that are not in the Collective Agreement

25. Human Rights Code • Prohibits discrimination on the basis of: • Race • Age • Sex/sexual orientation • Physical or mental disability • Family status • Religion

26. School Act Restrictions on Management Rights • Tendering of capital projects • School Calendar (Sections 77 – 78) • School Closures (Section 73)

27. Charter of Rights and Freedoms • Section 2: Freedom of Association; Freedom of Expression • Section 15: Equality / Non discrimination • Section 1: Reasonable limits • Applies to Board of Education • Board of Education’s exercise of management rights can be subject to Charter scrutiny by an arbitrator • Charter obligation is a constraint on management rights

28. Freedom of Information – Protection of Privacy • Definition of information that is public and private • Requests are usually vetted through a single officer in the District • Personnel Issues are private – for example, discipline issues

29. worksafeBC • Requirements for worker safety • Apply to all workers • Universal precautions • WHMIS • Working alone • Young and New Worker Orientation However • Many aspects apply to workers in facilities that are not apparent to others in the school system • Confined entry • Asbestos programs • Fall protection

30. Director of Facilities • When working with the employees in your department and taking into account the the legal framework and the collective agreement, what types of complaints may you have to deal with? • And how will you move forward?

31. Scenarios -- What to do? • An employee comes to you with a doctor’s note saying they have a bad back and ask to be accommodated. • An employee writes a formal complaint to you saying another employee is harassing them and they need time off work because of the harassment. • An employee has been using District Computers and it has been reported to you that there is pornography on the computer. • Reports have come from your foreman that the principal of a school is dissatisfied with the clean up after a minor renovation job.

32. Breach of the Collective Agreement or Legislation You have investigated these incidents and have made a decision regarding the outcome. The union does not agree with your decision. • What do you think will happen next?

33. Grievance Process • Why do Grievances Arise? • Interpretation • Past Practice • Changes in Legislation • Arbitration or Court Decision • Political Reasons • Disregard for the Collective Agreement • Discipline of an employee

34. The Purpose of a Grievance • Employee complaints are heard. • Avoids work stoppages. • A Legitimate, problem-solving process. • Both sides tell their story. • Work toward a mutually agreeable solution. • The closer the solution occurs to the worksite, the more likely it will be workable. • Quicker resolution allows parties to get on with working together.

35. Employer’s Role • Investigate thoroughly • Avoid making assumptions. • Get the facts as soon as possible. • Share information. • Clarify the issues. • Encourage and look to problem-solving. • Resolve at the earliest stage possible or pursue issues at arbitration where necessary. • Learn for the future.

36. Union’s Role • Represent members. • Maintain/uphold collective agreement. • Present the facts. • Request a remedy for their member(s). • Pursue issues at arbitration where necessary.

37. Circle of Concern and Influence • With the restrictions of the collective agreement, legislation and the union, What can I Influence?

38. You Can Influence the Working Environment Communication is your mechanism for change. The manner of communication may affect the response. Positive communication: - helps to develop rapport; - helps to reinforce and maintain self respect; - helps to problem solve.

39. You Can Influence Employee Behaviour • Recognizing problems early, and dealing with them in an informal, low key manner is best. • Your message, including how you handle individual employee behaviour, goes to all employees – not just one.

40. You Can Influence Employee Behaviour • Ignoring/avoiding poor performance and/or misconduct can be misinterpreted as tacit approval. • Don’t avoid the difficult conversation.

41. You Can Influence the Union-Employer Relationship • Accept the legitimacy of the union and its role in the workplace. • Be conscious of day-to-day interactions. • Keep your word; develop trust; take the high road.

42. In Summary • Working in a Union Environment in the Public Sector has changed and continues to evolve. • In a sector that spends 80-95% on staff compensation, we are all human resource managers!

43. In Summary • We have a high reliance on management skills and knowledge of our collective agreement and the legal framework in which we work. • We have a high reliance on Interpersonal Skills. “Successful leaders emphasize personal relationships”.

44. In Summary This work is complex and rewarding. Don’t forget, you are not alone. Ask Questions!