Effects Issues With The Collective Bargaining: Strike Of Trade Unions

Table of Contents

Designing positions of employment

Union Rights

Government Intercession

In summation

Cites

“We do not complain about our work. We want our hard work to be reflected in the pay we receive. These words from a 1886 union leader are as true today as they were in 1886. The Canadian Union of Postal Workers, or CUPW, expressed this sentiment when it initiated a rotational strike on October 22, 2018 CUPW cited several issues with an expired collective agreement. Pay difference between rural and city couriers. Rural couriers are paid based on the size of the route, whereas urban couriers are paid hourly. This creates a gap in pay between the two. Rural couriers, on the other hand, are mostly women. CUPW expressed concerns over the stagnant wages of couriers, who are facing an increase in workplace injuries. CUPW claims that 25% of letter carriers sustained injuries in 2017. A federal arbitrator had been appointed to resolve the pay dispute by August 31st, but the dispute was not resolved by that date. Both sides launched a vicious propaganda campaign accusing one another of disrupting postal service over the holidays. Canada Post management released images of trucks full of mail, saying they could not be delivered because of CUPW. The federal government forced postal workers to return to work after three weeks of rotating strikes. The government says that the post office is vital for the economy, particularly as the holiday season approached and consumers were worried about receiving their packages on schedule.

Canada Post and its Canadian Union of Postal Worker’s situation is relevant to human resources management because of the following: Job design, the union dispute procedure, and fundamental union right.

Job DesignCanada Post failed to perform an effective job analysis, which is a key part of the human resource planning. Canada Post did a poor job of preparing its employees to meet the new demands for postal workers. Canada Post has had to increase the weight of their parcels as technology advances. A postal worker who described her foot injury called the conditions at work “unsafe.” A worker stated that the physical strain has affected mental health as well. Compensation is an important part of designing a job. It’s the value that employees receive for the physical and psychological demands, the responsibilities and the working conditions. Postal workers believed that compensation provided under the collective bargaining agreements was not fair in light of the changes to the work environment. Canada Post would not have had to wait until the collective agreement expired, if the Post had done proper job evaluations. Job evaluations are ongoing and help companies understand the changing demands for a particular position. This allows them to make necessary adjustments to avoid disruption. Canada Post failed to do a job analysis, which led to the loss of worker and public trust.

Union RightsThis case examines important topics in unionization and rights of unions. Both sides had to go through multiple rounds of negotiation before the Canadian Union of Postal’s collective bargaining contract expired. They also sought guidance from an arbitrator appointed by the federal government. The unionization of workers has enabled them to create collective bargaining agreements that represent the rights of all workers. CUPW voted on a strike after going through the entire dispute process. Approximately 94% urban workers and 96% rural voters voted in favor. Canadian Union of Postal Workers may be a group representing essential government services. These are defined as: “any service, facility or activity of Canada necessary at any moment for the security or safety of the Canadian public, or a segment of it”, but they have the right of strike under the Charter of Rights and Freedom and by other laws. To limit the right of strike, the government has passed legislation that forces workers back to their jobs. This legislation aims to stop strike stalemates and prevent Canadians from being unable to access essential services. Patty Hajdu from the Labour Ministry said: “Our economy depends on Canada Post’s ability to function smoothly and to ensure small and medium businesses have a profitable year”. All stakeholders, including employers, employees, government and other external stakeholders have a duty of care to protect them. In this situation, it’s the public. CUPW & Canada Post opted for a rotating rather than a nation-wide walkout in order to minimize any damage done to their customers.

As mentioned, the federal Government passed a back-to-work law to force CUPW employees to return to their full-time jobs. Courts are protesting the legality that the government can limit a striker’s freedom. Canadian Civil Liberties Association said that the federal government was threatening workers’ constitutional right. In 2011, Harper enacted similar laws to end a CUPW strike. These laws were ruled unconstitutional. They also violated the rights of workers. The current efforts of the government to stop the CUPW strike demonstrate the flaws of the system. The government’s refusal to allow the CUPW to exercise their right of collective bargaining and walk away from dangerous working conditions is a major obstacle. This sets a bad precedent for management teams, such as Canada Post. The Post will not be able to negotiate honestly if it knows that the workers are going to be forced to accept the same collective agreement. The government intervention is bad news for Canada Post’s relationship with CUPW. Both parties won’t be able trust each other.

ConclusionWorkers can walk out on hazardous conditions of work and join a protest to combat them. How much will this cost the citizenry who relies upon essential services for commerce? What is the responsibility of the government in balancing worker rights and society’s benefit? Human resources planning would have prevented the strike from dragging on. Job evaluations are a good way to monitor and predict changes in physical, mental and organizational demands. After the CUPW strikes ended in 2011, the union promised to not forget federal government actions. They kept their word in 2018. Can the Canadian Union of Postal Workers maintain a collective bargaining contract that has expired? Canada Post and other companies will be forced to evaluate their workforce and look for alternatives as the supply chain and logistics expand. Many businesses offered third-party delivery services, specializing on the last mile for a transported item. Small businesses may find these solutions expensive, but they are better than having packages in distribution centers. In an increasingly complex world, it’s not always possible to see both ends of a conflict.

Sources

Press, T. C. (2016). Ontario court rules Harper’s government violated constitutional rights of postal workers by blocking strike. Retrieved from https://nationalpost.com/news/canada/ontario-court-rules-harper-government-violated-postal-workers-constitutional-rights-by-blocking-strikes

Dessler, G., & Chhinzer, N. (2019). Human Resources Management in Canada. Toronto: Pearson Canada.

Before returning to their jobs, angry postal workers gather. On May 19, 2012. Retrieved from https://www.ctvnews.ca/angry-postal-workers-rally-before-returning-to-work-1.662503

Press, T. C. (2016). Ontario court rules Harper’s government violated constitutional rights of postal workers by blocking strike. Retrieved from https://nationalpost.com/news/canada/ontario-court-rules-harper-government-violated-postal-workers-constitutional-rights-by-blocking-strikes

CBC Radio. ‘I was not trusted’: An injured Canada Post staffer describes a workplace that is unsafe. November 21, 2018 Retrieved from https://www.cbc.ca/radio/thecurrent/the-current-for-november-21-2018-1.4914182/i-wasn-t-believed-injured-canada-post-employee-describes-unsafe-workplace-1.4914255

Postal union: ‘We’ll fight’ in court should legislation on returning to work pass. On November 23, 2018. Retrieved from https://www.theglobeandmail.com/canada/article-federal-government-introduces-legislation-to-end-canada-post-strike/

Staff. December 18, 2018 Canada Post claims that 3 weeks following the end of a strike, delivery services are almost normal. Retrieved from https://globalnews.ca/news/4773661/canada-post-holiday-delivery/

The strike at Canada Post could impact your Black Friday and Cyber-Monday shopping. On November 23, 2018. Retrieved from https://www.theglobeandmail.com/canada/article-how-the-canada-post-strikes-could-affect-your-black-friday-cyber/

Canada Post’s strike is officially ended by the Federal Government. November 21, 2018 Retrieved from https://www.theglobeandmail.com/politics/article-federal-government-gives-formal-notice-for-legislation-to-end-canada/