Collective Agreements
Once an agreement is negotiated, it represents the conditions of employment for all employees. Prudent employers promptly train the managers and supervisors who are responsible to administer the terms of the agreement so they all interpret the document the same way. With Companies who have H R professionals, much of their job involves coordinating decisions about administration. Skilled unions in larger operations always rely upon discrepancies in practices applied by various supervisors. Part of our role is to help interpret the agreement properly and to maintain consistency of application.
Sometimes, we will attend and train the managers. Particularly for persons who have been promoted out of the bargaining unit, they believe that management can only do things which are precisely written in the agreement. This is wrong. In law, the opposite is the case. Management can do anything that is not specifically written down as a restriction upon the exercise of management rights. So, training helps to educate managers to always ask what language can the union steward show me that stops or controls the action I want to carry out? Part of what we do is help the Company get the most out of their agreement.
Administration also involves grievance response and preparation properly for the possibility of arbitration if disputes cannot be resolved with the union in the grievance procedure. Timeliness of response, damage assessment and the application of legal doctrines like estoppel and admissibility of bargaining history are subjects we address.
If clients call in advance of declaring themselves on an issue, we help them get the right answer the first time. We help with approaches to the Union and explanations that can keep grievances at bay. Often, the 10 minute phone call can result in solutions to potentially contentious issues. Give us a call.