There are countless other possibilities for collective agreement terms. We will briefly review some of them here.
protection against liability In some occupations, employees face the risk that legal action may be taken against them. For example, a police officer could be sued for action taken while carrying out their duties. Collective agreements may provide that employees will be compen-sated for any legal expenses or damages they are ordered to pay as a result of their lawful work.
Joint or union–management committees Collective agreements may provide for union–management committees to deal with specific issues such as job security and attend-ance. Alternatively, an agreement might, at either party’s request, provide for the establish-ment of a joint committee to deal with matters that arise during the operation of the agreeestablish-ment.
retirement With an aging population, many firms are concerned about issues relating to retiring employees and are establishing appropriate human resources policies. To deal with retirement issues, some unions have sought collective agreement provisions for reduced workload prior to retirement (phased retirement), post-retirement part-time work, pre-retirement leaves and vacations, and pre-retirement preparation programs including counselling.
compensation Some collective agreements have provided for gainsharing plans, which typically set performance objectives in areas such as financial return, customer satisfaction, quality improvement, or health and safety, and provide for a payment to employees if tar-gets are met. Some agreements also have profit-sharing provisions that specify the amount to be paid to employees if a defined profit measure exceeds a specified level. Unions gener-ally prefer increases in wages or benefits instead of provisions for profit sharing, because the factors that determine the profit levels are beyond the control of employees. Some agree-ments have share purchase plans that allow employees to buy shares and may provide for the employer to contribute shares on a specified ratio.
telework Telework refers to employees working at their homes instead of the employ-er’s premises. Telework is often dealt with outside of the collective agreement in employer policies. Provisions relating to telework might deal with issues such as providing equipment and reimbursement for expenses incurred in the home.
training and education Collective agreements may provide for on-the-job training to upgrade the skills of employees for future job openings. Some agreements have established a fund to pay for the education of employees, and require the employer to pay a specified amount into it for each hour worked. Agreements have included provisions for lending money to employees to buy personal computers and reimbursement for courses taken.
Website with information relating to innovations in collective agreements:
www.hrsdc.gc.ca
contract topic union employer
Recognition • Broader description of bargaining • Narrower description, unit so that part-time employees and exclusion of part-time
others are included employees, students and others
• Bargaining units that are
described by reference to location
• Bargaining unit description that includes
all of a municipality so that employees are covered by the collective agreement if the employer moves
Grievance and arbitration process • Longer time period for each union step • Shorter time period for each union step
• Directory time limits • Mandatory time limits
• Avoid requirement to specify • Specify that arbitrator does not
collective agreement articles breached have authority to extend
time limits
• Avoid complaint procedure prior to grievance
• Require sections of collective
agreement breached to be
identified
• Union representation at all steps including
• Require complaint prior to
any complaint meeting
grievance
• Provision for expedited arbitration
• Avoid union representation at
complaint stage
• Require that expedited arbitration
be agreed upon by both parties Protection of bargaining unit work • Prohibition against supervisors and others doing • Avoid restrictions on bargaining
bargaining unit work; alternatively a prohibition unit work; ensure that agreement that prevents others from doing work that provides for work to be done in would cause a reduction in hours or a layoff emergencies and for training Term of agreements • Union may wish to avoid a longer term unless a • Longer term
cost of living allowance is provided
Union security: dues • Mandatory check-off of dues for • Avoid dues check-off if all employees in the bargaining unit legislation does not require Union security: membership • Mandatory union membership for all • Avoid mandatory union
employees in the barganing unit membership; allow employees
choice
Management rights • Short form that is specified to be • Long or detailed form subject to remainder of collective
• Avoid requirement regarding agreement
reasonable exercise of rights
• Requirement that management rights
be exercised reasonably
Contracting out • A complete ban on Contracting out; alternatively • Avoid any provisions so that provide for restrictions on contracting out right to contract out is maintained Discipline and discharge procedure • Restrictions on the imposition of • Avoid restrictions so that
discipline such as notice, written reasons, discipline cannot by overturned and union representation on a procedural technicality
• Specific penalty provisions to
eliminate arbitrator’s authority to reduce discipline imposed
figure 7-9 Employer and Union Preferences for the Collective Agreement
177 T h e C o l l e c t i v e A g r e e m e n t
Discrimination • Broad definition of discrimination • Ensure that BFOR defense is maintained
Seniority • Shorter probationary period • Longer probationary period
• Probationary period specified in
calendar days
• Probationary period specified in
working days
• Provisions for super-seniority
• Seniority given less weight:
• Seniority to be given more weight:
relative ability clause
sufficient ability clause
• Longer period for employment to be • Shorter period for employment
maintained while on layoff to be maintained while on layoff Health and safety • Specific provisions in collective agreement • Rely on provisions in health and
over and above legislated minimum safety legislation
• Employer obligation to pay for clothing and
other protective equipment
Wages • Call-in pay: payment for a greater number of • Call-in pay: Exemptions from hours and higher rate of play than provided call in pay for emergencies in legislation
• COLA protection • Avoid COLA
Holidays • Additional holidays over and above • Avoid additional holidays employment standards legislatio
Vacations • Vacation periods longer than • Limit vacation
employment standards legislation minimum
• Allow for scheduling of
• Choice in scheduling
vacations during periods of
employer shut down Benefits • Additional benefits such as daycare, etc. • Benefit disputes not subject
to grievance
• Benefit disputes subject to grievance
Hours of work and scheduling • Guarantees for hours of work • Avoid guarantees
• Hours or schedule specified in agreement • Leave scheduling out of agreement
Overtime • Broad definition of overtime • Narrow definition of overtime
• Overtime voluntary • Assignment of overtime
• Rules regulating distribution • Limit restrictions on distribution
• Cash remedy for error in distribution
of overtime
of overtime
• Opportunity to work as remedy
for error in distribution
Technological change • Include in agreement, avoid reliance • Avoid contract provision,
on legislation rely on legislation
• Broad definition of technological change • Narrow definition of
technological change
• Extensive protection such as job guarantees • Less extensive protection such as notice requirement Leave • Leave over and above legislated minimum • Leave as required by legislation
• Broader definition of leave terms such as • Qualifying provisions for
“family members” in bereavement leave leave eligibility
figure 7-9 (Continued)
contract topic union employer
Union business • Time allocated for union orientation of • Limits on amount of
new employees time spent on union business
• Bulletin boards, office space,
use of employer premises for meetings
• Provision allowing union officers to
conduct business on paid time