1. Many of the collective agreement clauses used as examples in this text were gathered using Negotech This database is an excellent way for labour and business leaders to examine the contract language of other workplaces when they are setting out to negotiate their own collective agreements. Go to the Negotech site and conduct searches on any of the following keyword sets; feel free to restrict the sample to a specific province or industry: • overtime assignment • job sharing (or flexible work patterns) job posting • layoff (or workforce adjustment/reduction) • promotion • bumping shifts (a) Examine the specific language in five or so different collective agreements
. In particular, pay attention to the extent to which they provide flexibility to management or provide protection to employees. (b) of the clauses you found, which would you prefer if you were a union representative? Why? (c) Which of the clauses would you prefer as a management representative? Why? 2. Employers often seek collective agreement language that maximizes their flexibility and discretion. Unions often seek to minimize management flexibility and discre- tion fearing that it could lead to management favouritism. Below you will find layoff language from three different police collective agreements. Read the language, paying attention to the role of seniority in layoffs. 1: Ottawa Police Lay-oft
(s) shall be made in reverse seniority order and recall(s) shall be on a seniority basis. For the purpose of this Article, seniority is defined as the length of service with the employer commencing from the date of hire and to include any leaves of absence, long-term disability, or extended sick leave (From Article 251 [Lay-Off and Recall] of the Regional Municipality of York Police Services Board collective agreement, 2010) 2: Waterloo Police 38.01 In the event of a layoff of one or more Members who have completed the probationary period prescribed by the Police Services Act
, the following shall apply: (a) The Member with the least seniority shall be the first laid off provided that the senior Member retained has the necessary skills, qualifications, abilities and competence to perform the work available …(From Waterloo Regional Police Services Board collective agreement, Article 38 [Layoff], 2014) 3: York Police 31.1 Where the Board has made a decision to reduce the complement of the York Regional Police
and such reduction in personnel cannot be accommodated through attrition and where such action is not in contravention of the Police Services Act, layoffs of members shall be in reverse order of seniority with the York Regional Police, and recall of members shall be in order of seniority with the York Regional Police. Members shall retain seniority rights for recall purposes for a period of eigh- teen (18) months. Prior to a full-time member being laid off, all part-time, temporary members or summer students shall be laid off, provided that the full-time member who will replace them has the requisite skill and ability to perform the job in question. (From Article 31.1 [Lay-Off Protection of the Regional Municipality of York Police Services Board collective agreement, 2016) (a) Which of these collective agreements gives
the most flexibility to management in the event of layoff? (b) Which, in your opinion, gives the most protection to senior employees? () As a management negotiator, which language would you prefer? Why? (d) As a union negotiator, which language would you prefer? Why?