With People Inc.

2020 Initiative and Industrial Relations List for With People Inc.

by | Dec 19, 2020 | Alcohol & Drug Policy, Bullying, Collective Bargaining, Colonialism, Competition, Compliance, Equity, Harassment, Human Resources, Indigenous, Labour Market Update, Negotiations, OH&S, Recruitment, Safety, Sexual Harassment, TRC 92 (ii), Workplace Respect

Inventory of service activities delivered to clients in 2020, a report by Sam Kemble

A Word from the Executive Operations Officer 

We diversified our client base and service offerings during the year, added capacity, strengthened our balance sheet, and improved our processes. We supported organizations to meet extraordinary and complex challenges through various service offerings.

We are inspired by our client’s character, understanding and compassion towards their employees, union partners, and stakeholders, all during a year that could strain any relationship. We are grateful to continue serving industries and enterprises in Canada.

We wish all well as we approach the New Year.

Respectfully submitted,

Sam Kemble

Executive Operating Officer

Industrial Relations – Negotiations

This year in industrial relations, we bargained collectively with various Building Trade unions in Saskatchewan, CUPE in Edmonton, Unifor in Windsor, and UFCW in Edmonton. Also, we engaged in First Nation Mutual Benefits Agreement Negotiations West of Edmonton.

Industrial Relations

We continue to deepen our service and experience in general industrial relations through grievance administration, progressive discipline support, collective agreement interpretation, group lay-off and bumping-process support, coal-to-gas transition supports, recall list administration, temporary layoff supports, arbitration case management, contracting out, severance liability included in a temporary layoff context, right to refuse unsafe work in a COVID-19 context, pension plan and health benefits and insurance administration, and common employer and successor employer analysis.

Policy Development

We engaged in robust alcohol and drug policy development and costing models, participated in public policy creation and review through the Edmonton Chamber of Commerce, and developed several policies and practice documents in employment administration.

Training

Ongoing training and workshops were developed and delivered, covering performance management, labour and employee relations, industrial relations, anti-harassment, bullying and violence. Work continues to migrate these modules to an online delivery format for broad and safe accessibility.

 

Recruitment

Significant time has been invested in enhancing our craft recruitment process, including modules for equity hiring and onboarding. We supported clients to develop a 48-hour rule hiring process to coincide with hiring hall scenarios. Cost models have been developed and simulated for craft sourcing, recruitment and onboarding for numerous multi-year projects. Our firm provided direct recruitment support for a plant south of Edmonton, a shutdown near Regina, road construction in Calgary, a pipeline in BC, a plant west of Edmonton, an institutional project in Terrace, recruitment for project administration in Northwest BC, a manufacturing facility south of Edmonton, several residential projects in the Greater Vancouver area, an infrastructure project in Lloydminster, and a roadbuilding project in the Greater Vancouver area.

We have adopted a positive bias into our recruitment process that prefers Indigenous, BIPOC and women candidates.

COVID-19

2020 brought the need to support clients with Covid-19 response measures, including service for essential service employees, implementing masking, hygiene, and physical distancing policies while restructuring work arrangements through staggering shifts and rotating site presence protocols. Various sick and other leave provisions required interpretation within a pandemic context. We also ensured rights and obligations to refuse unsafe work were adequately adhered to within a COVID-19 context. The pandemic also brought unique factors requiring a considered review of human rights and employment statute-protected accommodations, including leave and work accommodations. Many employers also found it necessary to navigate both the in and the out-of-work-from-home transitions.

We are grateful for the opportunity to be of service during such challenging and dynamic times. 

Industrial Relations – Operations / Execution

We engaged in front-end engineering and design (FEED) support for significant capital projects’ workforce delivery and the management component. We increased our forecasting and costing analysis capacity and conducted field execution productivity studies, developed project costing studies, and conducted labour posture comparison studies for construction and maintenance. We developed and supported wall-to-wall craft recruitment models. 

Justice and Social

We provided Jordan’s principal policy, advice, and advocacy within our social justice portfolio. We developed Treaty-based education agreements and policies.

Together with expert volunteers, we are about to release an employer mental health and wellness practice document.

We commenced service to the Board of the Colbourne Institute for Inclusive Leadership.

As a firm, we are taking an aggressive approach to positive bias recruiting to ameliorate disadvantaged and historically disadvantaged groups’ inequities.

 

With People Inc. Internal Capacity

In 2020, the firm increased recruitment, project controls, human resources and data science capacity.

We made investments in achieving a CPHR Certification, investigative report writing training, first aid training, and Principles of Health and Safety Management.

We afforded access to professional coaching to staff to increase career development and the strength of our team.

We created an operational contingency reserve for our operations to de-risk the potential for Covid-19 to impact our staffing levels. We also adopted an accounting policy to carry a fully funded severance liability on our balance sheet.

Throughout 2020 we continue to develop apps for release in 2021, including a force ranking app – 90% complete, a witness credibility app – 70% complete, a quantum of discipline review app – 70% complete. Also, we rebuilt our workforce applicant tracking and onboarding system – 70% complete.

In the ongoing interest of advancing awareness and education in human resources and employee and industrial relations, we maintained our educational Blog, Podcast, and Video Channel (hosted on YouTube).

Visit our homepage for more information about our human resources and industrial relations firm with offices in Edmonton, Alberta, Prince George and Victoria, British Columbia.

Systemic Racism and the Cave Analogy

by | Aug 16, 2020 | Bullying, Colonialism, Compliance, Equity, Exclude, Harassment, Human Resources, Indigenous, Labour Market Update, OH&S, Safety, TRC 92 (ii), Welcoming, Workplace Respect

Today we discuss Plato’s cave analogy and systemic racism in Canada. Like many, we in our firm accept that systemic racism exists throughout Canada and is interwoven into our institutions.

This statement comes neither from a place of judgement nor is it presented to suggest castigation of those subject to the system’s influence within which we all reside.

 Accepting that many forms of racism are prevalent throughout our society is simply an appreciation of the state of things, without judgment – and from there comes, a choice and perhaps, hopefully – a commitment.

 We write this within weeks of May 25, 2020. During this time, much has been in the news which illuminates the pervasiveness of racism in many forms in our institutions, including within our police forces. The police are no worse or better than most of Canada’s institutions.

Recent events reinforce that responsibility to get it right increases exponentially for those who exercise authority, and at times, force over others.

 And as Ibram X Kendi emphasizes in his 2019 book, “How to Be an Antiracist,” getting it right must be viewed, relatively, from where we are at. So, given where we are today, getting it right starts with acknowledging there is a problem. Sadly, for some (but not all) senior leadership positions within police force administration and police member associations, acknowledging that there is a  problem is more than they are willing to offer at the moment. Rather, some choose to deny it with vigour.

 We intend to explore this denial and anchor our discussion; we will reference Plato’s Cave Analogy in his classic, “Republic.”

In the Cave Analogy, Plato considers three people bound in a seated position in a cave with their heads affixed staring at a wall, for their entire life. Light enters from behind them from the mouth of the cave. From time to time, animals cross the mouth of the cave and cast shadows onto the wall they are facing. The three never knew differently, so what they were witnessing on the cave wall, was to them, an accurate reflection of life and reality.

Eventually, the bindings of one of the three came loose. With muscles that had yet been used, the escapee slowly struggled and eventually made their way to the cave entrance.

Upon reaching the mouth of the cave, the escapee experienced a great deal of pain. Eyes that knew only darkness and shadow were exposed to the sun’s bright light for the first time. Soon, the eyes adjusted, and the escapee witnessed the wondrous beauty, fullness and truth of the world.

After exploring, the escapee returned to the cave, wishing to share the freedom and revelation with the escapee’s former cave mates.

The escapee removed the bindings of the cave mates, and they struggled but moved towards the mouth of the cave. As they approached the mouth of the cave, sunlight struck their eyes, causing immense pain. Immediately, they asked why the escapee would cause them such pain and resented the escapee for it.

Ultimately, the pain of exposure to the light and the pain of accepting the truth was too great for the cave mates. Angrily, they hone in on the escapee, whom they stoned to death for causing them such pain, following which, they returned to their seats in the cave to carry on staring at the shadows on the wall.

Racism, including systemic racism, exists in Canada. Despite this, people continue to choose to deny that fact. We should not be surprised. As the cave analogy shows, holding contempt for information that challenges previously held beliefs is human nature. Such denial is neither right nor necessarily permanent.

 

And what of the visceral, conditioned emotional responses and attacks that come with such denials? Many in pain seek to destroy. They wish to focus their anger towards someone or something, to stop the exchange of information, and then, they wish to carry on living in their cave- in their distorted reality. They choose to deny the existence of systemic racism.

To be racist, that being, “One who is supporting a racist policy through their actions or inaction or expressing a racist idea.” Or, to be antiracist, that being, “One who is supporting an antiracist policy through their action or expressing an antiracist idea.” Objectively, it is impossible to reduce racism without acknowledging that systemic racism exists.

[Ibram X Kendi, 2019]

You’ll note that neither choice represents a static position, both choices describe one engaged in action…being static is not an option.

When looked at this way, this is a journey to embark upon and has nothing to do with permanent condemnations. So given recent events, we choose to, in a non-judgemental way in terms of where we are at today, actively seek new information to permit our eyes to adjust, for the alternative is to stay blind and hurt.

Thank you for your time. Subscribe for future updates.

Don’t be fooled, random testing lawful in certain circumstances

Don’t be fooled, random testing lawful in certain circumstances

by | Mar 19, 2018 | Labour Market Update

March 19, 2018

This report was inspired by an article written by Lorelle Binnion, of Borden Ladner Gervais LLP. Teck Coal v United Steelworkers: Yet Another Unjustifiable Random Drug And Alcohol Testing Policy.  

In this case, another test for assessing the appropriateness of random testing is proposed, which is a slight variation from the previous Irving test. 

Proposed test:

  1. The arbitrator must determine whether the employee’s privacy was infringed upon by the random alcohol & drug testing policy.
  2. If the privacy rights were infringed upon, the arbitrator must determine whether or not there is a cause or a legitimate need for random A&D testing in the workplace. This often involves establishing the workplace’s safety-sensitive nature and the presence of a problem of alcohol or drug use and abuse associated with the workplace.
  3. Proportionality analysis is conducted to determine whether random A&D testing as a measure would be an effective avenue to address the employer’s issue and whether or not methods less intrusive to employees’ privacy could be implemented effectively to address the employer’s concerns instead of random testing.

Lack of Objective Evidence to Support the Notion that there is an Alcohol and Drug Problem in the Workplace

Teck Coal relied on off-duty conduct evidence that established a “work hard, play hard” culture. There was an almost exclusive reliance on off-duty behaviour and anecdotal off-duty conduct to establish a workplace problem with alcohol and drugs.

That approach is not going to be sufficient. This is something Teck Coal learned the hard way, and as a result, yet another distracting case is published. This is in contrast to Suncor’s recent case, presently making its way through various appeals. Suncor relied on objective, quantifiable data to establish a problem of alcohol and drug abuse at the workplace.

 However, advocates often cite Teck Coal as a case establishing that random alcohol and drug testing is unlawful in the workplace, at least in BC. This is not true. 

Teck Coal puts it to employers to use a sound methodology to establish and prove there is a problem with alcohol and drugs in their workplace – something Teck Coal failed to do in this circumstance.

Then, there is the Arbitrator’s Flight from Reality…

In regards to the proportionality test, the arbitrator departed from reality in wrongfully concluding:

Simply because Teck Coal was achieving safety improvements due to other aspects of its robust health and safety program, somehow random testing ceases to be a proportional response. 

This is irrational, unworkable, and unfortunately common in BC industrial jurisprudence because of the lack of industrial work in BC for a period of close to 20 years. 

There is similarly a lack of industrial jurisprudence about the administration of rules regarding safety-sensitive positions and/or highly safety-sensitive worksites in the province of BC.

The result is arbitrators are about 15 years behind the times when it comes to administering safety rules and honouring the paramount importance of health and safety on worksites. This increases the risk drastically in BC in terms of what kind of result one can expect if employers have to defend themselves in front of arbitrators in British Columbia.

Case in point, in arbitration for which I was involved, Arbitrator Ronald Keras determined that a Boilermaker Lodge 359 Job Stewart driving drunk, fishtailing, in the dark, on-site in his pickup truck, while speeding away at 60 km an hour to run away from security guards in a 10 km an hour zone did not constitute a safety risk worthy of significant discipline. Boilermakers 359 and Bantrel Re: Robert Barber Termination Grievance

“This decision suggests that from a practical standpoint, it will be challenging/if not impossible/for employers to justify random drug and alcohol testing procedures. According to this decision, it may not be sufficient to show a general workplace problem with drug and alcohol use unless the problem is more severe than in other similar workplaces or communities. Even if the employer was able to clear this initial balancing hurdle, it could then be argued that [due to the] proportionality part of the test that there are less intrusive ways to deal with the general problem of alcohol and drug abuse at the workplace once those measures have been implemented, the employer may no longer be able to demonstrate and pull a general problem with alcohol and drug abuse.”

We do not believe all aspects of Teck Coal will be followed, but it further emphasizes the need to have clear objective evidence to support the need for your random drug testing program. We wrote an article about the evidentiary requirements, which can be found here. https://withpeople.ca/blog/f/dont-get-left-behind-metrics-required-to-justify-random-alcohol

Sam Kemble

Tribunal’s ruling doesn’t rule out more employer accommodation

Tribunal’s ruling doesn’t rule out more employer accommodation

by | Mar 19, 2018 | Labour Market Update

March 19, 2018

This report was inspired by an article written by Kelsey Orth, of CCPartners. Supreme Court Of Canada Affirms That Employers Have A Distinct Obligation To Consider The Duty To Accommodate Separate From Other Legislative Requirements.

The Supreme Court of Canada decision reconfirms employers have a duty to accommodate that is separate from any other legislative or administrative process [be it in regards to private or public insurance, employment standards, WCB, OH&S, or otherwise].

For most, this serves as a simple reminder. Regardless, we felt it worth bringing attention to this by posting it here for your review.

In the above-noted case, the commission responsible for administering a worker’s compensation claim agreed with the employer that once the initial accommodated assignment was concluded, the employer had no further work (for him to administer workers’ compensation legislation).

The individual then filed a human rights complaint arguing that the workers’ compensation commission’s ruling was not determinative of whether or not the employer had satisfied its duty to accommodate.

“In our view, this is the proper result, and illustrates why we always caution employers that, the matter of the involvement and outcome of any other process – including Worker’s Compensation or third-party insurance claims adjudication –  the employer’s duty to accommodate as a separate and distinct obligation that must be considered in every circumstance.”

Sam Kemble

 

13 Years Married: Still pained to see my wife profiled

13 Years Married: Still pained to see my wife profiled

by | Mar 8, 2018 | Colonialism, Equity, Harassment, Human Resources, Indigenous, Labour Market Update, Recruitment, TRC 92 (ii), Welcoming, Workplace Respect

Sam Kemble: Commentary

When my wife and I were courting, I stole her away from her family for the first time one Christmas to share that part of the Holiday Season with my family. It was a big deal. We were sending the signal to everyone; this is serious. You better get to know this woman because she is amazing and will be in our lives for a long time. Beth wanted to get just the right gift for my mom. She was slightly anxious and went to a prominent store in downtown Edmonton to find something special. She chose a beautiful scarf. Being quite excited, she showed me her selection when we got together that evening. It was wonderful. My mom would love it. She did love it, both the scarf and the gesture.

But then something else was shared. Beth told me of her experience in the store. She was followed around by the staff as though they felt she was going to steal something. I was furious. I had frequented the same establishment and had never been treated that way. I did not even know Beth’s ethnicity when we started dating. On numerous occasions, people have told us that she clearly has “First Nation traits.” Being discriminated against is something I have never experienced. And before that, I have never experienced discrimination vicariously through a loved one. I was filled with indignation. To Beth, my naivety was showing. At the time, I believed that racial profiling was more of an outlier phenomenon in today’s society. It was reserved for fringe groups, in any event, not mainstream. I asked Beth, “Why are you not angry?”

“If I choose to be angry about that, I would be angry all the time.” she said.

The statement hit me on several levels. All the time? Does it happen all the time? She is desensitized because of a lifetime of similar experiences? How far off base am I to have believed this type of thing does not happen?

Then I started to notice interactions. How sometimes I would be treated differently when going places with my brother-in-law, how he would be treated, or how Beth might be treated when we were out. It struck me because it was unusual and foreign to me. Eventually, concerning these (off-duty personal life) interactions, I started to become desensitized; the interactions did not inspire the same emotion in me. I still do not know if that is a good or bad thing.

In my own mind, I started assessing the order of magnitude. In some cases, it seemed to be a case of awkwardness, not hateful and not even overtly judgemental, just awkwardness. In other situations, there was a sense the individual carried with them an initial pre-judgement, often softening as the interaction with Beth continued. In other cases, there was an unmoving pre-judgment, seemingly based on Beth’s ethnicity. And in other cases, there was what appeared to be hate. For the time we went for our sunny Sunday walk for a coffee, pushing Natanis in the baby carriage. While walking down a side street, a stranger in a pick-up squealed around the corner, coming into proximity of us. He yelled, “Go back to the Reserve!”. We looked at each other and shrugged our shoulders. To us, those are just unexplainable.

Being in the human resource field and the labour relations field, I wonder what kind of impact this has on opportunities for promotion, being put in ad hoc leadership positions, or being given opportunities for meaningful work on committees. How does this impact the voices that get heard generally, across industries and sectors in Canada? Many first-opportunity decisions are often based on first or surface impressions. Final decisions are often ultimately made in-camera, where often the only person in the room with the decision-maker is the decision-maker himself or herself. Unless a person does not have a personal bias or has personal feelings but compartmentalizes them away from the decision at hand (and I believe some professionals are capable of doing that), interviewers’ and decision-makers beliefs impact those decisions.

I have also considered whether it is different for Inuit, First Nation and Metis; versus people associated with another visible minority group in Canadian society. I can’t help but feel that discrimination continues to happen to people of all ethnicities. For those who do have a prejudice against aboriginal people (I have zero science to support this but believe it anyway); generally, there seems to be more emotion and conviction attached.

During my career, I have come to a few answers from a global perspective. I do what I can to ensure it does not happen in “my house.” Professionally, “think globally and act locally” is all I have accomplished to date.

“Why am I writing this today? “

Today my wife was denied service at a coffee shop. A coffee shop that is attached to a downtown library in our hometown, Edmonton. Beth had just finished having lunch with some former work colleagues. She was settling in to have a coffee and work on her doctoral research while she waited for the time to pick Natanis up from school. What kicked off the interaction initially? Beth wanted to buy a coffee and a sandwich for a homeless person. The store insisted the homeless person leave the premises. Then, they also denied service to Beth, even to buy her own coffee. And finally, they insisted Beth leave the store and called the police, giving the description, of a 5″6 aboriginal woman.

“It has been ten years since Beth bought that scarf for my mom. I am usually not angry about this sort of thing…but today I am. “

As human resource professionals and labour relations professionals, and as Canadians, we need to do our part not to minimize and to guard against profiling in our organizations and across the stakeholder groups with whom we interface.

Short Term Service Offerings

Short Term Service Offerings

by | Mar 8, 2018 | Alcohol & Drug Policy, Attendance, Bullying, Collective Bargaining, Colonialism, Competition, Compliance, Human Resources, Labour Market Update, OH&S, Recruitment, Safety, Sexual Harassment, TRC 92 (ii), Workplace Respect

Current environment  Heavy layoffs commenced in 2015 and more are expected in 2017. Wage freezes and wage rollbacks remain a water cooler topic. Capital spending reviews and cuts are in the headlines.  There are many signals that 2017 will continue to be about managing costs and running current operations as lean as possible.   But there is still major project work and maintenance for existing operations underway, and bids to submit to secure future work.  In 2017 companies are properly wary about adding staff or making long-term spending. Essential services and activities will go on but with a sharp eye on costs. There is less organizational slack in most organization charts which may increase the need for temporary or ad hoc assistance for either technical expertise or to have access to increased variable capacity.   

Services you may need:  You may need the plan to source labour and scale up rapidly for maintenance purposes or due to changes in schedule.  And you will need to ensure costs to get workers to the site are tightly controlled. Flying tradespeople across the country every shift may be justifiable in a tight labour market but makes little sense when local or regional options exist.

Labour relations or employee investigations may arise that require staff dedication of time or expertise that no longer exists within your organization.  These are examples of areas of short-term services where Workforce Delivery can help. 

Our knowledge and experience can allow us to build a labour supply strategy that takes the current market into account. We can provide plans and execute them as needed.  

Another area of concern in active projects and worksites is managing spikes in labour relations activity such as misconduct, substance abuse or increase in complaints.  Tension and animosity among workers can build due to the job market outlook or knowing that layoffs may be coming soon.  You need cost-effective options to deal with increased labour relations activity.  Or you may be facing what you consider to be regular workload levels resulting from managing your labour force, but the team you manage has been drastically reduced.  

Your internal capacity and expertise are not what it was two years ago, but the demands remain.  Workforce Delivery can pick up challenging labour relations issues for you such as collective bargaining, grievance handling and complex investigations.  

Where With Peopel Inc. can help – Effective and cost-conscious solutions.  With People Inc. can offer ad hoc labour relations and labour supply services for places where project work is still underway and existing operations in all sectors continue.   

Cost pressures may create an opportunity (or pressure) to review labour supply costs from top to bottom.  

Approaches or sources that were never up for serious consideration in the past may now make sense.  

With People Inc. can be the source for unbiased analysis of the value provided by various labour-sourcing strategies together with transition plans.

The final call remains yours, but demands have never been greater for your decision to be based on critical screening of all the options on the table since 2015.  Our services for labour relations or labour supply can be provided on an ad hoc basis at an hourly rate.  Some common service types we offer:  

  • Single grievance or investigation file completion. 
  • Interim backfill of an unexpected vacancy of a labour relations manager or site role. 
  • Develop a labour supply strategy, with the option to execute that strategy, reporting back progress. 
  • Provide collective bargaining services for a full round of bargaining with one or more trades or unions. 
  • Fulfill labour supply shortfall needs including sourcing, screening, onboarding and booking of travel and accommodations.  

With People Inc. supplies its own phones, common business software and computers and workspace.  So none of the items represent an added cost to our clients.  For full rates and terms please contact us.  Our principal labour relations Practitioner, Sam Kemble have a combined 18+ years of experience in all aspects of labour relations.