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WELCOME MESSAGE

In this edition we explore the role that unions play in workplace conflict management. We are honoured to introduce to you the thinking of respected academics and practitioners who will explore a number of questions that have been plaguing the labour relations community for some time. We begin by addressing some of the broad questions relating to unions and workplace conflict management.   read more>>
We hope this issue leaves you with enjoyment, enlightenment and many thoughts to ponder as you apply them to your practices.
Sincerely,
Blaine Donais
B.A., LL.B., LL.M., RPDR, C.Med.,WFA
WFI President and Founder

TABLE OF CONTENTS - Union Edition

6  Unions: Conflict Instigators or Conflict Mitigators? by Zenab Pathan
23Union Attitudes Toward Grievance Procedures:
        Empirical Support for the Donais Theoryby Bruce Curran
39Are Labour Unions and Managers Ready for Interest-Based
        Negotiation? by Lindsay Foley
57Union's Role in Workplace Health: The Six Levels of
        Workplace Health Theory by Blaine Donais
71Mediation in a Unionized Environment: Decades of Struggle
         by Yakov Sluchenkov
85Critical Thinking and Collective Bargaining: How Thinking Skills
        are an Advantage in Negotiationby Donal O'Reardon
91Book Review: Complete Guide to Conflict Resolution in the
        Workplace Reviewed by Rosetta Belcastro
        WFI Press Catalogue
        Submissions
        Rate Card



 
 
 6   UNIONS: CONFLICT INSTIGATORS OR CONFLICT MITIGATORS


Conflict in the workplace arises when employees
, through an assessment of the organization’s procedures, systems and outcomes, determine their treatment to be unjust or unfair. Unions mitigate conflict through the acquisition of monopoly power. read more>>

Author:  Zenab Pathan ( B.A.Hons in Employment Relations, MIRHR Candidate) has over a decade’s experience in HR at the U of Toronto and Ryerson U. including organizational design, job evaluation, recruitment, training & development, performance management, sick leave and accommodation, attendance management, grievances, investigations and employee conflicts for unionized and non-unionized employees.

 23   Union Attitudes on Grievance procedures: Empirical Support for the Donais Fairness Theory



Bruce Curran addresses a nagging question for labour relations professionals: “How fair is the union grievance procedure?”
  Using the Donais Fairness Theory as a model, Mr. Curran considers how “Just, Efficient, Engaging and Resource Sufficient” your grievance procedures are. read more>>

Author: Bruce Curran [LL.B., M.I.R., LL.M.] is a PhD student at the UofT Centre for Industrial Relations and Human Resources, focusing on dispute resolution and conflict management. Prior to starting his PhD, Bruce earned a law degree from the University of Western Ontario, a Master of Industrial Relations (UofT) and a Master of Laws from Osgoode Hall Law School. Bruce has also worked as a lawyer at Lerners, a law firm, and Towers Perrin, a Human Resources Consulting Firm, focusing on employment law.


39  ARE LABOUR UNIONS AND MANAGERS READY FOR INTEREST-BASED NEGOTIATION?
Lindsay Foley, Workplace Fairness Institute


Lindsay Foley’s exhaustive paper on the role, history and effectiveness of interest based negotiation
presents empirical evidence and several case studies (Kaiser Permanente and Chevron Salt Lake City negotiations) and is essential reading  for practitioners. read more>>

Author: Lindsay Foley [B.A. (Hons.), MIRHR, WFA] is an Industrial Relations Officer at the Canada Industrial Relations Board who works with employers, unions and employees on industrial relations issues in the federal sector. She has a masters degree in Industrial Relations and Human Resource Management from the University of Toronto, and a BA (Hons) in Sociology and Labour Studies from Brock University.

   
57 THE UNION'S ROLE IN WORKPLACE HEALTH: THE SIX LEVELS OF WORKPLACE HEALTH THEORY

A healthy body outperforms an unhealthy one in any competition. Here, Donais draws an analogy between body and workplace providing solutions for improving workplace outcomes. read more>>

Author: Blaine Donais, President and Founder of WFI, is a labour lawyer and expert in conflict management in the workplace.


71   MEDIATION IN A UNIONIZED ENVIRONMENT: DECADES OF STRUGGLE

With satisfaction rates between 80-90%, why is mediation not sticking?  This article explores the North American success rates of mediation, compares mediation to arbitration and then asks, “Why aren’t unionized workplaces relying more on such a successful approach to workplace conflict?” read more>>

Author: Yakov Sluchenkov [B.A.S.(Hons), MIRHR (Candidate)] is a Human Resources and Labour Relations Professional with experience at various levels of the public sector (Provincial, Federal and Crown).

 

85   CRITICAL THINKING AND COLLECTIVE BARGAINING: HOW THINKING SKILLS ARE AN ADVANTAGE



You have heard every trick in the book.  Donal O’Reardon pulls apart bargaining tactics
using devices in sound critical thinking, a skill that he argues is fundamental to sound bargaining.  He outlines bargaining fallacies and approaches which will improve your bargaining abilities and strengthen your successes. read more>>

Author: Donal O’Reardon [M.A., M.Litt., H.DipEd., O.C.T., ADR Cert.]  is founder of O’Reardon Consulting and author of “I Think Therefore: Critical Thinking for Beginners” (Emond Montgomery, Dec. 2011). O’Reardon Consulting delivers corporate training and educational consulting in the area of thinking skills focusing on how they can positively impact productivity and can be used to manage conflict. He has served on the bargaining committee of CUPE 3904. www.oreardonconsulting.com


91   BOOK REVIEW




COMPLETE GUIDE TO CONFLICT RESOLUTION IN THE WORKPLACE   

by Marrick F. Masters and Robert R. Albright.
(New York. AMACOM, 2002) 343 pages.

Belcastro finds this ‘complete guide to conflict resolution’ significantly incomplete and lacking in key areas of competency.  Among other deficits, the book fails to describe the consequences of union avoidance practices for fair conflict resolution.  Belcastro fills in the gap with an in-depth description of the advantages of including participation of all workplace actors.   read more>>

Reviewed by :  Rosetta Belcastro [B.Sc. (Hons), H.R.M. (Hons), M.I.R.H.R., WFA.]
Rosetta  has worked at the Hospital for Sick Children for 18 years and has over 10 years in the health sciences industry in a managerial/supervisory capacity. She is a seasoned author with over 25 peer reviewed publications in the field.


 

 

Workplace Fairness Institute header Workplace Fairness Institute header Workplace Fairness Institute header
 

wfiJOURNAL• Bill 168 Special Edition

   

 
   

 

     
WELCOME MESSAGE FROM THE PRESIDENT

Greetings and welcome all readers.  I am pleased to present to you the inaugural edition of the Workplace Fairness Institute Journal.  The wfiJOURNAL is devoted to topics that cover the full gambit of workplace issues centering on fairness and conflict management.

The common element in all our articles is a focus on practical application of theory.  The wfiJOURNAL is interested primarily in advancing the cause of fairness and peace in the workplace.    We believe this is best accomplished through a balance of theory and practice.  This is why we accept submissions from both practitioners and academics.

Presently we are looking for Editorial Board members who will help us forge the future of the wfiJOURNAL.  Board members will play a role in deciding which articles are published and will help us set the themes for upcoming issues.

Also we welcome submissions from academics and practitioners around the world.  Feel free to email us with your submissions and ideas.  


Blaine Donais
President and Founder
Workplace Fairness Institute

TABLE OF CONTENTS

Bill 168: Special Editionby Rosalie Bellefontaine
9  Bill 168 in Non-Union Workplacesby Cédric P. Lamarche
12Bill 168 In Unionized Workplaces by Blaine Donais
15Bill 168 in Not-for-Profits and Charities by Bruce I.L. Ally and Sheryl Beckford
22Bill 168 and Small Business by Bruce I.L. Ally and Sabrina Crucini
26Psychological Harassment Within the Canadian Judical System
         by David Chalmers
47The Head-Down Theory: Understanding and Mitigating the Costs of Unfairness
         by Blaine Donais
71Bill 168: Addressing Humiliation in the Workplace by Alexia Dyer
78Book Reviewby Rosetta Belcastro  
        THE CONFLICT SURVIVAL KIT: TOOLS FOR RESOLVING CONFLICT
        by Cliff Goodwin, Daniel B. Griffith
84Book Previewby Blaine Donais 
        STOP HARASSMENT AND VIOLENCE AT WORK:  
        A HANDBOOK TO BILL 168
by ELAINE NEWMAN
        WFI Press Catalogue
        Submissions
        Rate Card



 
 
 6   BILL 168: SPECIAL EDITION



The tragic murder of Ontario nurse
, Lori Dupont, at the hands of her estranged boyfriend and co-worker has led to Bill 168 which entrenches landmark workplace conduct regulations into the province's Health and Safety Act.

read more>>

Author:  Rosalie Bellefontaine, Managing Editor.

   
 9   BILL 168 IN NON-UNION WORKPLACES



Non-unionized workplaces
must take the lead in responding to the new regulations outlined in Ontario's 2010 anti-harassment legislation under Bill 168, with striking new obligations and responsibilities for employers to protect their employees at work.

Author: Cédric P. Lamarche [B.Soc.Sc., LL.B.] is a bilingual employment lawyer at Whitten & Lublin LLP, advising both employers and employees regarding all their workplace legal needs. www.canadaemploymentlawyer.com

read more>>


12  BILL 168 IN UNIONIZED WORKPLACES
 


Unions play a key role
in their workplaces and are uniquely poised to assist in the implementation of the Bill 168 amendments to the Ontario Health and Safety Act. Donais explains why. read more>>

Author: Blaine Donais [B.A., LL.B., LL.M. (ADR), RPDR, C.Med., WFA.], President and Founder of WFI, is an expert in conflict management in the workplace.   www.workplacefairness.ca

15 BILL 168 IN NOT-FOR-PROFITS AND CHARITIES

While Ontario’s new anti-harassment legislation, Bill 168, heroically demarcates employer responsibility to protect their employees, it fails to acknowledge the onerous responsibilities placed on not-for-profit organizations with limited resources and monumental tasks.  read more>>
Co-Author: Sheryl Beckford [B.A.(Hons.), LL.B., LL.M., WFA], currently legal counsel with the Ontario government, has done extensive Pro Bono work with charitable and non-profit organizations. (The ideas and analysis in this article are solely her own and her co-author’s, and not those of her employer.)  read more>>

Co-Author: Bruce I.L. Ally [Ph.D., LL.M., DRE (York U), WFA], a principal at A Place for Mediation, is a senior mediator/arbitrator having mediated in excess of three thousand matters, and is an ADR educator at York University. www.aplaceformediation.ca
read more>>

22   BILL 168 AND SMALL BUSINESS

This bold new legislation poses many interpretive and administration challenges especially for the culturally diverse small business owners in the Province of Ontario.

read more>>

Co-Author: Bruce I.L. Ally [Ph.D., LL.M., DRE (York U), WFA], a principal at A Place for Mediation, is a senior mediator/arbitrator having mediated in excess of three thousand matters, and is an ADR educator at York University. www.aplaceformediation.ca read more>>

Co-Author: Sabrina Crucini [B.A. Psych, WFA] is interning at A Place for Mediation specializing in workplace and employment mediations. She did a post-graduate Human Resources Certificate at Seneca College and her ADR Certificate at Humber College. www.aplaceformediation.ca  read more>>


26   PSYCHOLOGICAL HARASSMENT WITHIN THE CANADIAN JUDICIAL SYSTEM



This in depth analysis on workplace bullying
takes a close look at the legislative history and the psychological impact of workplace bullying using case law from significant Canadian provincial examples.
read more>>

Author:  David Chalmers  [B.Ed., M.Ed., MIRHR, O.C.T., Ph. D. (Candidate),   LL.M. (Candidate), WFA]
is a partner at the Aberfoyle Centre, a leadership and organizational development firm.
read more>>


www.aberfoyleconsulting.com


48   THE HEADS-DOWN THEORY: UNDERSTANDING AND MITIGATING THE COSTS OF FAIRNESS



Donais expands upon his Heads-Down Theory
which outlines the nuances of workplace responses to unfairness and explains the cost that companies pay for their weak conflict management systems.
read more>>

Author:  Blaine Donais [B.A., LL.B., LL.M. (ADR), RPDR, C.Med., WFA.], President and Founder of WFI, is an expert in conflict management in the workplace.   www.workplacefairness.ca


71   BILL 168: ADDRESSING HUMILIATION IN THE WORKPLACE


Humiliation and bullying will no longer go unchecked under Ontario's Bill 168 which calls into question age-old power tactics practiced in our private and public lives. Dyer gives practical responses to humiliation in this insightful study.
read more>>

Author:  Alexia Dyer  [B.A., M.A., WFA.]
Alexia Dyer is Manager of Education and Training at Canadian Race Relations Foundation. She designs and delivers equity and anti-racism training programs to school boards, governmental agencies and the public and private sectors. Alexia has a certificate in Alternative Dispute Resolution with a focus on transformative mediation.
read more>>



78   BOOK REVIEW



THE CONFLICT SURVIVAL KIT: TOOLS FOR RESOLVING CONFLICT AT WORK   

by CLIFF GOODWIN, DANIEL B. GRIFFITH

This instructional book is designed as a classroom text and guide for those without formal training in conflict management and require “immediate” skill building and practical methods for dealing with organizational and personal conflicts. read more>>

Reviewed by :  Rosetta Belcastro [B.Sc. (Hons), H.R.M. (Hons), M.I.R.H.R., WFA.]
Rosetta  has worked at the Hospital for Sick Children for 18 years and has over 10 years in the health sciences industry in a managerial/supervisory capacity. She is a seasoned author with over 25 peer reviewed publications in the field.
read more>>



84  BOOK PREVIEW
 


STOP HARASSMENT AND VIOLENCE AT WORK:   

A HANDBOOK TO BILL 168 by ELAINE NEWMAN

Elaine Newman’s new book gives comprehensive and practical advice to employers and employees navigating Ontario’s radical new
anti-bullying legislation, Bill 168.  Donais previews this timely and insightful tool. read more>>

by Blaine Donais, www.workplacefairness.ca

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  •   SUBMISSIONS
 


The wfiJOURNAL welcomes your submissions.  Contact us with your ideas: wfijournal[at]workplacefairness.ca. 

In subsequent editions, WFI will be addressing these issues: 

• Cutting Edge ADR Practices in the Workplace
• Evaluating Conflict Management Systems
• The Role of Unions in Workplace Fairness and Workplace Conflict Management
• Considering the Ombuds Function in Workplace Conflict Management


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The official publication of the Workplace Fairness Institute



wfiJOURNAL, Bill 168 Special Edition.

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Do Not Reprint Without Permission

Citations should be credited to the author and refer to the correct issue and page number of the wfiJOURNAL

Editor-in-Chief:
  Blaine Donais
Contributors: Cédric P. Lamarche,
Bruce Ally, Sheryl Beckford , Sabrina Crucini,
David Chalmers, Alexia Dyer.
Managing Editor/Layout:
Rosalie Bellefontaine
Website Layout: Chris McIntyre
Web Design: Irene Duma



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