Lets get this straight. In Hamilton, Ontario the city has outsourced its garbage collection to a company called National Waste Services who have outsourced their actual workers to a company called “Erie Personnel Corporation”. Whoever the employer is, it seems that they’ve given their employees the need to unionize with the Canadian Auto Workers.

The CAW, which is organizing the employees, has taken National Waste Services Inc. to the Ontario Labour Relations Board. The company has refused to recognize a union vote.

In labour board documents, National Waste contends it is not the employer of the workers.

Employment agency Erie Personnel Corporation claims it employs the workers, documents say.

The Hamilton Spectator has the complete story HERE. These companies have been at the Ontario Labour Relations Board about half a dozen times to argue their case no doubt with excellent legal representation which doesn’t come cheap. The company (companies?) may win the first battle against the union but they’ll likely lose the war. At some point, National Waste Systems will either directly or indirectly have unionized employees.

In my talks to non-unionized companies we carefully review my four indicators that a company ripe for a union organizing campaign. If National Waste or Erie Personnel had paid attention to transparancy, fairness, consistency and vigilance, they likely could have saved themselves not only thousands in legal fees but also the need for a unionized work force.

Union Avoidance 101 happens every day with employers who are proactive enough to give their employees a decent working environment and make unions irrelevant.

The folks at Pacific Pallet in BC found out the hard way that their collective bargaining strategy needed some work when they told their union that they could’t afford to give a raise. The BC Labour Board basically told them to open their finances to the union and prove it!

The duty to bargain in good faith requires an employer to disclose relevant financial information if it rejects a union’s wage proposal based on its inability to pay, says the BC Labour Relations Board.

According to the LRB, USW Local 1-3567 was entitled to access the employer’s financial records in order to verify the employer’s claim that it could not afford the union’s wage proposal: “Where an employer has claimed that its financial situation affects its ability to pay, the Board has ruled that the employer has an obligation to provide the financial information to the union to allow it an opportunity to adopt an informed position in response.”

The finances of publicly traded companies are fair game. However, it can be upsetting to think that you could be compelled to reveal the finances of your family’s business. You can read a union’s version of the story HERE.

Bottom line: Plan well for what you’ll say at the bargaining table.

Resolve is your “in house” Labour Relations Professional ready to assist you in managing your unionized employees. Whether you choose to work with us for an hourly fee or on a retainer basis we are here for you! You can reach us quickly either electronically or in person.

If you need an in-person presence at short notice, Resolve can be there for you wherever you are.

If your company is the target of a union campaign, don’t wait, call Resolve! With experience in a number of organizing campaigns, we can help you communicate your message to your employees, clearly, effectively and legally.

A union does not speak for your employees simply because its organizing them. Resolve will investigate your workplace and offer frank, brutally honest reasons as to why a union is attempting to represent your employees.

Appearing before the Labour Relations Board can be a stressful situation. This is no time to leave your company’s future to chance. Resolve has worked with many Labour Relations Lawyers and we’ve seen who is effective and who isn’t. We’ll obtain legal representation for you to ensure that your company is effectively represented.

With Level 3 Health and Safety Certification, Resolve can help keep your employees safe. Our experience in forming, coaching and leading joint health and safety committees can be implemented to ensure your company complies with its obligations under the relevant Health and Safety legislation in your jurisdiction.

Our workplace safety audits can help you identify and resolve safety deficiencies in your company to prevent unnecessary accidents.

Unfortunately we’ve seen workplace accidents and hopefully one won’t occur in your company. Resolve can help you to understand the process of the accident investigation and prepare for findings. We can help you complete necessary paperwork and monitor your cases to ensure assist your employees’ safe and healthy return to the workplace.

New managers sometimes feel intimidated when dealing with unionized employees. Resolve will work with your managers to demystify the employment relationship and answer any questions they may have. We’ll ensure that they have the tools to effectively use the collective agreement in your favour and coach them in avoiding pitfalls. With our extensive experience, we’ve seen how simple, avoidable mistakes can lead to both unnecessary expense and poor productivity. Don’t let this happen in your company. Ensure your managers have the training to contribute to your bottom line.

Depending on your needs, Resolve can offer you assistance with any or all of the following.

At the First Grievance Step
We’ll interview all parties and objectively report to you “what happened”. Along with you we’ll develop possible alternate dispute resolutions and work to implement these solutions. This will save you significant costs over arbitration, clarify situations and help to build the positive work environment that enhances your bottom line.

At the Second Grievance Step
In the meeting with the union’s representatives or their counsel we’ll either sit with you or represent you. Resolve will candidly discuss the facts of the grievance and attempt to collaborate towards an acceptable settlement to protect your interests.

At the Arbitration Stage
Ideally nobody wants to get to this stage as it can be costly and adversely affect the environment in your workplace. Sometimes however, the most effective resolution is arbitration. Using our experience of successful arbitrations, Resolve helps you by thoroughly preparing witnesses, researching case law, and arranging with the union for an arbitrator. We’ll work with you to determine the best course of presenting your case whether we do it ourselves or utilize legal counsel. In many arbitration cases, we’ve seen both effective and ineffective legal counsel. If needed, we’ll help you to get representation that works for you!

After the Arbitration
The grievance has been aired and a decision has been rendered. Resolve will work with you to communicate the decision to your managers and employees. We’ll also help you by training your management on implementing the decision and effective ways to manage to help prevent future grievances.

Having negotiated a number of first agreements, we know that this negotiation is potentially MORE important than any other. It is from this first agreement that all others will be patterned. Don’t leave this to chance! Let Resolve help you negotiate the most effective first agreement for you!

Whether you simply need a second opinion or full service bargaining assistance, Resolve has the right package to suit you.

Collective Agreement Analysis
Send us your Collective Agreement BEFORE you sit down to negotiate a new one. We’ll carefully study it for you and, based on experience, give you a thorough assessment of your agreement and identify areas that you may want to pursue.

Negotiation Proposal Preparation
We’ll come to your location and interview you and your senior managers in preparation for your negotiations. Based on these results, Resolve will develop strategic proposals for you to use in your negotiations. You’ll have the advantage of working on tangible, real world concerns and will be able to bargain towards your goals.

Bargaining Support
During your negotiations, we’ll sit along side your operations managers. Based on the proposals we’ve developed we’ll give advice and guidance in caucus to help you through the bargaining period. We’ll continuously update and prepare contract language for you.

Chief Spokesperson
We’ll use our experience in negotiating numerous collective agreements to work for you. After we develop a strategy with you, we’ll implement it in talks with the union. This allows you to step back and remove yourself from a sometimes challenging situation.

Implementing the new Contract
Resolve will work with you to proofread, print and distribute your new collective agreement.