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As this will be my last submission for this space as the torch is passed to my successor, and friend, Kurt Haakensen, we wanted to provide an update on the Grievance Backlog Project (GBP). We have been working side-by-side on this initiative for almost two years now and it has borne considerable fruit in the form of numerous settlements.
The GBP began with the Union and Company coming to the grievance table with 152 active grievances that were stretched over the course of 8 years. This was called Phase 1. The stakeholders met much like a regular grievance meeting but there was a shared sense of urgency to get to the root of the issue(s) and hash out a solution. And for the most part, it worked.
All but 44 grievances were resolved. That is a resolution rate of 71%. Impressive given the circumstances, labour relations climate, and turnover of personnel.
Now we enter Phase 2 - Mediation. This will be a new process for our local and therefore required the Company and Union to agree on a Terms of Reference to outline the rules & procedures for Mediation as this process deviates from the grievance procedure in the collective agreement.
There were many draft proposals and ideas discussed before both sides were able to agree on a document which we were both comfortable with.
The Mediation Process allows for three streams of resolution in Phase 2: Mediation, Binding Mediation and regular Arbitration. While we are still waiting for some responses to trickle in, the next step will be to meet with the Company and go through each grievance indicating how we would like to proceed. Then we will be choosing a mediator, or mediators depending on the workload, to hear each grievance. There is a shared desire to move the process along as quickly as possible as some grievances are quite long in the tooth, but realistically it's likely things won't ramp up until the fall.
As a Union, we haven't used mediation before but it can be an effective resolution avenue. It's safe to say labour relations have been frosty for a number of years and that is what directly led to the massive backlog of grievances. We were talking but not effectively with purpose. Entering mediation with a professional at the helm, and leading the discussions will help both sides share information, identify issues and discuss them in a constructive, respectful manner.
A mediator is neutral and balanced. They will help facilitate the discussion of possible resolution options and identify concerns that are roadblocks to settlement. It is a confidential process that requires the decision-makers to be at the table. It is not a long-drawn-out process once it begins. It is entirely possible to mediate multiple grievances in one session. It is the parties that dictate the terms of any resolution, the mediator just nudges the parties in the right direction. The mediator does not have the power to impose a settlement or amend collective agreement language.
If after all efforts a settlement cannot be reached, we still have the option to proceed to Arbitration. But the Union is encouraged by the success of Phase 1 that with some help, we can greatly reduce, or even eliminate, the need to arbitrate any of the outstanding grievances in the GBP.
Logistically, as President, I will continue to be heavily involved in the GBP and the other 105-plus active grievances that we have as Kurt assumes his new role. I have full confidence that the VPs, Shop Stewards, and the membership as a whole, will support Kurt. He'll make a tremendous Chief Shop Steward.
In Solidarity,
Richard Exner, Chief Shop Steward
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