2. 1. Colleges and Universities Complaints
Resolution Unit -What we do
2. Partners in Creating Solutions
3. Legal Backdrop
4. Benefits of Creating Options
5. Consequences of Decisions
6. EmergingTrends – Bill 168, Bill 132
7. Trust-Building Examples
8. Trust-Building Strategies
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3. Colleges and Universities Complaints Resolution Unit
• Consortium of post-secondary institutions to deliver effective
complaint resolution mechanisms and processes
• Consultation and advice on deep conflict and complex complaints
• Offer guidance on the dispute resolution mechanisms and
processes under institutions’ existing policies
• Raise awareness and provide education on harassment,
discrimination, accommodation, accessibility, and other human
rights-related issues
• Service available to all Colleges and Universities
• Work with other institutional partners to provide solutions
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4. • Human Resources and Employee Relations Functions
• Unions and other employee groups/associations
• Ombuds Offices
• Human Rights Officers/Advisors
• Third Party Investigators/Mediators
• Other Supports: EAP, Equity & Diversity Offices, Employee
Affinity Groups, Chaplaincy, etc.
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5. • Collective Bargaining protected as a constitutional right under
section 2(d) of the Charter of Rights & Freedoms
• Provinces have enacted “statutory mechanisms for resolving
bargaining impasses and disputes regarding interpretation or
administration of collective agreements”
• Collective agreements form the contractual relationship between
employers and unions
• Employer’s internal policies may provide other layers governing
the relationship with employees
• Participants may negotiate additional language or practices
outside of collective bargaining (e.g. Letters of Understanding)
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6. • Avoidance of protracted grievance and arbitration procedure
• Less formal labour & employment relations
• Demonstration of a portfolio of responses and commitment to
resolving issues creatively
• Privacy options and face-saving techniques
• Alternative methods for all parties in resolving issues
• Establishing good faith for long-term gain
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7. • Unions increasingly being asked to bring grievances on behalf of
members, but can be costly process
• Employers can be held liable for failing to ensure a workplace
free from violence and harassment
• Unions may face duty of fair representation complaints
• Employees may initiate legal proceedings, bring complaints to
Ontario Human RightsTribunal or engage in work refusals under
Occupational Health & Safety Act
• Hearings could take years and $$$ in legal costs
• Impact on union/employer’s reputation and staff morale
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8. • Amendments to Ontario Occupational Health & Safety Act to
include protection of employees from workplace violence and
harassment/sexual harassment (Bills 168 and 132)
• Increase in employee claims of personal or psychological
harassment, bullying, mobbing, etc., by co-workers and/or
supervisors
• May include new forms of harassment through social media, such
as cyber-bullying, micro-aggressions
• Potential impact on ability of unions and HR to handle multiple
or group grievances
• New classes of investigation and resolution professionals
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9. • Informal resolution/mediation of workplace disputes
• Collaborations on policies and protocols
• OrganizationalValues Statements
• Diversity/Inclusion/Employment Equity Programs
• Employee Affinity Groups and Community Engagement
• MentalWellness issues
• Critical Incidents Response
• Employer consultations with Unions and their members
• Communication, communication, communication
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10. • Identify alternative and innovative methods of dispute resolution
that will address workplace issues
• Explore collaborations between management, unions and other
employee groups to achieve lasting solutions
• Create face-saving measures by pre-empting grievances
• Establish goodwill in resolving disputes amid changing legal
landscape
• Consult with legal support on complex cases and share results
• Be proactive and inclusive
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