4:48 1 of 7 48 Negotiating Work Hours by Loren Falkenberg, University of Calgary, and D. Ronald Franklin, executive in residence, University of Calgary = Part 1 The following case is designed to highlight the importance of effective communications when negotiating, particularly when the interests of the parties appear to diverge sharply. The principles involved apply to any form of negotiation; however, this case is based on a collective bargaining situation that actually occurred at a Canadian university some years ago. Background The university is required by law to negotiate wages and terms and conditions of employment with the bargaining agent (union) representing the support staff. The bargaining agent involved is a provincial union that negotiates for groups of employees in various public service areas health care, postsecondary education, government services, and boards and agencies. The university local of the union represents a broad cross section of employees including clerical and secretarial staff, technicians, data processing personnel, library staff, food service, housing, and grounds and maintenance workers (including tradesmen, laborers, caretaking, and security staff). The union negotiates a separate collective agreement for each of the employers with which it bargains. However, it has attempted to bring about a fairly high degree of standardization in the provisions relating to terms of employment and working conditions within its various collective agreements. On some major issues, the National Federation of Public Service union has developed "model clauses," which it recommends to the unions affiliated with it. The 1995 round of bargaining is about to begin. Management Position The senior management negotiator, Susan Graves, has just been handed the union's proposals for a new collective agreement. She reads through them quickly and her heart sinks at the sight of such unreasonable demands. She sighs as she reads the proposed wording of a "new hours of work" clause. This is the fourth round of bargaining during which the union has proposed adding the following provision to the collective agreement: "Regular hours of work for all employees shall consist of 40 hours per week performed between 8:00 a.m. and 4:30 p.m., Monday to Friday. Work performed outside these hours shall be compensated at double the regular rate of pay." What is wrong with the union leaders? Why can't they get it through their heads that the university is open 24 hours a day, seven days per week for 52 weeks a year? Acceptance of the proposed hours of work clause would mean that everyone including cleaning staff, residence workers, security officers, library staff, and everyone else who works shifts or weekends would receive overtime instead of straight time for regular hours of work. Such a provision might be acceptable in an organization made up entirely of office staff whose hours of work can conform with those proposed; however, it is simply not workable at a university. Susan notices that the wording of the proposal is almost identical to the model clause that the National Federation was encouraging its members to negotiate. In addition, it is very similar to clauses contained in the collective agreements negotiated by the same union on behalf of five other locals locals representing the office employees in organizations that did not have a need Negotiating Work Hours (Part 1) 49 for shift or weekend work on a regular basis. Susan is certain that the union wants the same provision in all of its contracts regardless of its appropriateness in any given organization. She is determined that she is going to settle this issue permanently this year and without making any further costly concessions! Union Position In preparation for the 1992 round of collective bargainin L -xythos.content.blackboardcdn.com 4:48 Negotiating Work Hours (Part 3) It is 10:00 A.M. the following morning and the union negotiating team arrives at the meeting room. Susan offers George a cup of coffee. They sit down and begin negotiations again. Susan: What incident or issue made your members believe that they needed a restrictive hours of work clause to protect them? George: I'm sure that there were many, but the one in the electrical maintenance department was the worst. Susan: Let's focus on the maintenance department. What happened? George: Your foreman screwed our people when he changed the crew's shift schedule so that they had to work on Saturdays and Sundays at straight time. Susan: I don't think I understand. Was the schedule changed on a permanent basis? George: No, only during the month of May. The same thing has happened each year since then, even though we've tried to get things changed each year at the bargaining table, but you don't want to listen to us. Susan: I'm listening now. Why are the shifts changed each year? George: To complete the annual electrical maintenance schedule. Things are quiet on the weekends in May, so that is the best time to do the work. Susan: Then am I correct in assuming that you don't disagree with the need to get the work done on weekends in May? George: We don't disagree with that, but by changing shifts you cut our members off overtime and make them work at straight time rates on the weekends. That means you can change anyone's schedule to meet your needs and to avoid paying the overtime we won through collective bargaining. You are abusing your rights! Susan: Whoa there! Let's see if we can find a solution to this problem. Before we started changing the shift schedule, weren't your members working seven full shifts a week for four weeks straight? Weren't they tired? George: Yes, they were tired, but it was only for a month. Susan: Are you saying that the crew members preferred the seven-day shifts? George: Yes, that's what I'm saying. But you guys were too cheap to pay the overtime. Susan: It wasn't just a matter of money. We were also concerned about the strain on the crew members. hours? George: I don't believe you. Susan: Let's get back to the problem. Why did the crew prefer the longer working George: Because of the overtime. Some of them took the overtime compensation in the form of additional pay, which helped them finance their vacations in the summer months. Others took the compensation as time off so that they could have longer vacations with their families. Susan: Do you have any other specific examples of temporary shift changes to avoid paying overtime? George: No, but that doesn't mean that you wouldn't do it if you wanted to save money. That's why we have to change the collective agreement. Susan: We've had the same hours of work provisions for nearly 15 years and I'm not aware of any other cases like this. Are you? George: No, but I have to have something to take back to my membership. You know the problem how would you propose to solve it? Susan: I'd suggest that we leave the agreement the way it is and the university will guarantee that it will no longer make seasonal changes in the electrical crew's schedule. In addition, during the life of the agreement, we will discuss all temporary shift changes with you 54 Negotiating Work Hours (Part 3) before they go into effect. Together, we will have solved your problem and the university will be able to maintain its evening and weekend shifts at a reasonable cost. Okay? George: I'm not sure. Let's see if I have this straight. You're saying that if we drop our hours-of-work proposal, you'll promise to not change the electrical maintenance crew's shift schedule for the month of May each year? Susan: Right! George: And they will be paid for the weekend work at the overtime rates, just like the collective agreement says? Susan: Right again! George: But what happens if you decide to change some other crew's schedule just to avoid paying overtime? Susan: It won't happen! I've told you-we will discuss all temporary changes in shift schedules with you before they are implemented for the life of the agreement. George: Are we just supposed to accept your word on this? Do you expect us to "fly on faith"? We need some protection in the agreement. Susan: We've always kept our word. We've never let you down before. George, we could spend weeks trying to come up with some wording that would satisfy both of us or we can agree to our proposal and get on with other matters. George: I hear you, but I need time to talk to the other members of my committee. Susan: Okay. Will 15 minutes be enough time? George: I think so. Thirty minutes pass and George and his committee finally return to the bargaining table. They all look somber and it's hard to know what their answer will he -us-east-1-prod-fleet02-xythos.content.blackboardcdn.com 4:49 negotiating team arrives at the meeting room. Susan offers George a cup of coffee. They sit down and begin negotiations again. Susan: What incident or issue made your members believe that they needed a restrictive hours of work clause to protect them? George: I'm sure that there were many, but the one in the electrical maintenance department was the worst. Susan: Let's focus on the maintenance department. What happened? George: Your foreman screwed our people when he changed the crew's shift schedule so that they had to work on Saturdays and Sundays at straight time. Susan: I don't think I understand. Was the schedule changed on a permanent basis? George: No, only during the month of May. The same thing has happened each year since then, even though we've tried to get things changed each year at the bargaining table, but you don't want to listen to us. Susan: I'm listening now. Why are the shifts changed each year? George: To complete the annual electrical maintenance schedule. Things are quiet on the weekends in May, so that is the best time to do the work. Susan: Then am I correct in assuming that you don't disagree with the need to get the work done on weekends in May? George: We don't disagree with that, but by changing shifts you cut our members off overtime and make them work at straight time rates on the weekends. That means you can change anyone's schedule to meet your needs and to avoid paying the overtime we won through collective bargaining. You are abusing your rights! Susan: Whoa there! Let's see if we can find a solution to this problem. Before we started changing the shift schedule, weren't your members working seven full shifts a week for four weeks straight? Weren't they tired? George: Yes, they were tired, but it was only for a month. Susan: Are you saying that the crew members preferred the seven-day shifts? George: Yes, that's what I'm saying. But you guys were too cheap to pay the overtime. Susan: It wasn't just a matter of money. We were also concerned about the strain on the crew members. hours? George: I don't believe you. Susan: Let's get back to the problem. Why did the crew prefer the longer working George: Because of the overtime. Some of them took the overtime compensation in the form of additional pay, which helped them finance their vacations in the summer months. Others took the compensation as time off so that they could have longer vacations with their families. Susan: Do you have any other specific examples of temporary shift changes to avoid paying overtime? George: No, but that doesn't mean that you wouldn't do it if you wanted to save money. That's why we have to change the collective agreement. Susan: We've had the same hours of work provisions for nearly 15 years and I'm not aware of any other cases like this. Are you? George: No, but I have to have something to take back to my membership. You know the problem how would you propose to solve it? Susan: I'd suggest that we leave the agreement the way it is and the university will guarantee that it will no longer make seasonal changes in the electrical crew's schedule. In addition, during the life of the agreement, we will discuss all temporary shift changes with you 54 Negotiating Work Hours (Part 3) before they go into effect. Together, we will have solved your problem and the university will be able to maintain its evening and weekend shifts at a reasonable cost. Okay? George: I'm not sure. Let's see if I have this straight. You're saying that if we drop our hours-of-work proposal, you'll promise to not change the electrical maintenance crew's shift schedule for the month of May each year? Susan: Right! George: And they will be paid for the weekend work at the overtime rates, just like the collective agreement says? Susan: Right again! George: But what happens if you decide to change some other crew's schedule just to avoid paying overtime? Susan: It won't happen! I've told you-we will discuss all temporary changes in shift schedules with you before they are implemented for the life of the agreement. George: Are we just supposed to accept your word on this? Do you expect us to "fly on faith"? We need some protection in the agreement. Susan: We've always kept our word. We've never let you down before. George, we could spend weeks trying to come up with some wording that would satisfy both of us or we can agree to our proposal and get on with other matters. George: I hear you, but I need time to talk to the other members of my committee. Susan: Okay. Will 15 minutes be enough time? George: I think so. Thirty minutes pass and George and his committee finally return to the bargaining table. They all look somber and it's hard to know what their answer will be. George: We talked about your proposal. I can't say that we're very happy about it, but we want to move on to talk about a new dental plan. If you keep your word, then our problem on shift changes has been solved. Susan: Then, it's a deal? George: It's a deal, but we'll be back if it doesn't work. -us-east-1-prod-fleet02-xythos.content.blackboardcdn.com