Collective Bargaining A Chief Negotiator s Perspective

Transcription

1 Collective Bargaining A Chief Negotiator s Perspective The New National Bargaining Strategy February 22, 2018 Robert Kirby Financial Management Institute: Manitoba Chapter

2 Negotiation Rules A New Day

3 The Relationship Test The most important trip you may take in life is meeting people half way. Henry Boyle

4 Negotiator s Steps to Success Preparation Aim High Give Yourself Room To Compromise Put Pressure On The Other Negotiator Be Honest But Be Careful Use Concessions Wisely Be Patient Be Willing To Walk Away From Or Back To Negotiations

5 Labour Relations

6 Business Partner / Adversarial The industrial world would be a more peaceful place if workers were called in as collaborators in the process of establishing standards and defining shop practices, matters which surely affect their interests and well-being fully as much as they affect those of employers and consumers. Mary Barnett Gilson

7 Interest Arbitration-Essential Labour Relations Act Fire Paramedic Act No Strike or Lockout The Value of a Negotiated Settlement vs Interest Arbitration Award City of Winnipeg December 2016 Six of Eight Collective Agreements Expired CUPE, WPA, WPSOA, MGEU, UFFW and WAPSO

8 UFFW Increases vs CPI 90.0% 80.0% 70.0% 60.0% 50.0% CPI Fire 40.0% 30.0% 20.0% 10.0% 0.0% CPI 2.4% 5.4% 7.0% 8.9% 10.9% 13.9% 16.1% 18.5% 21.3% 21.88%22.85%26.41%28.66%31.12%34.58%37.19%40.03% Fire 2.5% 5.1% 9.3% 12.6% 17.1% 20.6% 25.4% 29.8% 35.0% 39.0% 44.6% 51.2% 57.3% 62.5% 67.4% 72.4% 77.6% % Increase 2.50% 2.50% 4.00% 3.00% 4.00% 3.00% 4.00% 3.50% 4.00% 3.00% 4.00% 4.50% 4.00% 3.25% 3.00% 3.00% 3.00% Difference 0.03% -0.35% 2.54% 1.22% 2.09% 0.36% 2.06% 1.43% 1.74% 2.43% 3.21% 1.63% 2.45% 1.03% 1.13% 1.67% 1.57% Salary $ 53,638 $ 55,250 $ 55,796 $ 57,460 $ 59,758 $ 61,551 $ 64,013 $ 66,253 $ 68,903 $ 70,971 $ 73,831 $ 77,179 $ 80,297 $ 82,927 $ 85,431 $ 88,011 $ 90,652

9 WPA Increase vs CPI 90.0% 80.0% 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% CPI 2.4% 5.4% 7.0% 8.9% 10.9% 13.9% 16.1% 18.5% 21.3% 21.88% 22.85% 26.41% 28.66% 31.12% 34.58% 37.19% 40.03% Police 3.5% 7.2% 8.2% 12.0% 15.7% 19.8% 24.0% 28.3% 33.5% 38.2% 43.0% 49.5% 55.6% 61.0% 66.7% 71.8% 76.9% CPI 2.50% 2.90% 1.50% 1.80% 1.90% 2.60% 1.90% 2.10% 2.30% 0.60% 0.80% 2.90% 1.60% 2.20% 1.90% 1.30% 1.40% Winnipeg 3.50% 3.50% 1.00% 3.50% 3.30% 3.50% 3.50% 3.50% 4.00% 3.50% 3.50% 4.50% 4.00% 3.50% 3.50% 3.00% 3.00% Difference 1.00% 0.60% -0.5% 1.70% 1.40% 0.90% 1.60% 1.40% 1.70% 2.90% 2.70% 1.60% 2.40% 1.30% 1.60% 1.70% 1.60% Salary 56,658 58,655 61,315 63,338 65,555 67,868 70,246 71,648 75,639 75,639 78,286 81,849 86,858 89,924 93,099 94,029 96,851

10 UFFW Arbitrated Future Forecast 160.0% 140.0% Cumulative Increases Actual and Forecast 2017 to 2026 based on Average of Actuals from CPI CPI and First Class Firefighter Fire 120.0% 100.0% 80.0% 60.0% 40.0% 20.0% 0.0% CPI Source Stats Canada table Metro Outlook forecast for CPI to 2020, beyond that 2% is estimated Estimates for Police and Fire based on the average wage increase (3.63%) from 2000 to 2016

11 WPA Arbitrated Future Forecast 160.0% 140.0% WPA Cumulative Increases Actual and Forecast 2017 to 2026 based on Average of Actuals from CPI CPI, and WPA WPA 120.0% 100.0% 80.0% 60.0% 40.0% 20.0% 0.0% CPI Source Stats Canada table Metro Outlook forecast for CPI to 2020, beyond that 2% is estimated Estimates for Police based on the average wage increase (3.70%) from 2000 to 2016

12 Police Historical Information Interest Arbitration was used in 1988, 1996, 2000, 2003, 2006 and 2010 The Employer and WPA jointly negotiated in all other years

13 Arbitrator Comparisons Interest arbitrators appear unanimous in their view that a board of arbitration should attempt to replicate the result which would have occurred if the collective bargaining process had not been interrupted by arbitration Re: Beacon Hill Lodges of Canada and Hospital Employees Union 19 L.A.C. 93d) 288 at 303 [Arbitrator Hope]

14 What is Interest Arbitration In the 1993 Vancouver Police Award by Arbitrator Hope, he noted at (p. 23): all other things being equal, in an interest arbitration wages and benefits will be fixed in accordance with the wages and benefits prevailing in the same or similar occupational groups

15 Negotiated 1980 to 1987 Four negotiated collective agreements Salary of a 1 st class constable 1979 $21, $37,804 Represents an overall wage increase of 75.9% Civilian staff employees received the same wage increases

16 Interest Arbitration Arbitrator Chapman summarized the criteria that the board took into consideration which has been noted in each of the following awards: 1. The salaries paid to police officers in other areas of Canada and in particular in other cities of similar size in a more closely allied area; 2. General salary levels in our community of persons employed in both the public and private sector;

17 Criteria - Wages 3. Settlements negotiated with other employees of the City of Winnipeg; 4. The general economic climate; 5. The effect that our Award might have on taxpayers in the community; 6. The state of the economy in this community and elsewhere;

18 Criteria Continued 7. The nature of the position and the skill training required to qualify as well as any risks which may be inherent to the position; and 8. The fact that the members of the Association cannot strike.

19 Interest Arbitration General Wage Increase Uniformed January 24, % October 24, % January 24, % October 24, % 1 st class constable salary at end of contract was $41,106 General Wage Increase Civilian Staff % wage increase % wage increase

20 Negotiated 1990 to 1995 Two Negotiated Collective Agreements (3 years each) 1993 contract saw concessions from WPA primarily in rank differential and sick leave cash out Different wage increase negotiated for Staff 0% Wage Increase in st class constable salary at end of contract in 1995 was $51,324

21 1995 Vancouver Award - Arbitrator Albertini said, There are no current local conditions that can override the fact that the duties of police officers are unique. They cannot be compared to the typical civic or government employee. The environment in which they perform those duties, the related dangers and the demands and attitude of society are but examples of the difference. It follows that consideration as to salary increases may also be different.

22 Interest Arbitration No General Wage Increase (GWI) for 1996 was awarded No Rank Differential Pay increases No change to Sick Leave/Cash-out Equal pay adjustments for civilian member positions however the Board was clear to note some differences will properly remain with respect to civilians and uniformed Arbitrator imposed the joint shift committee to address scheduling concerns

23 Negotiated Based on the 1996 award the parties subsequently negotiated a collective agreement with a 4 year term 0% wage increase in 1996 & 1997 Overall wage increase total of 7.5% for both police component and staff component 1 st class constable salary was $55,276 at end of contract term

24 Interest Arbitration General Wage Increase for all: December 24, % September 24, % December 24, % September 24, % No changes to Rank Differential Arbitrator paid close attention to gap between Winnipeg, Calgary and Edmonton 1 st class constable salary was $59,242 at end of contract term

25 Interest Arbitration General Wage Increase for all % % Night Shift Premium increased from $0.50 to $0.60 per hour effective 2003 Benefit improvements of $203,000 with the cost to City. The City s arbitration costs were $32,249 1 st class constable salary was $63,338 at end of contract term

26 Negotiated % General wage increase for both Police and Staff components Dec % Oct % Dec % No major changes to operational or economic issues 1st class constable salary was $67,868 at end of contract term

27 Interest Arbitration General Wage Increase for all: January % January % July % Night Shift Premium increase from $0.75 to $0.85 per hour The City s arbitration costs were $121,447 1st class constable salary was $73,081 at end of contract term

28 Negotiated year term 7% General Wage Increase for all: December % January % Introduction of Auxiliary Force Cadets (2 tier policing) 1 st class constable salary was $78,197 at the end of the contract term

29 Interest Arbitration General Wage Increase for uniformed and civilian staff: January % July % January % July % The City s arbitration costs were $201,717 1 st class constable salary was $85,155 at the end of contract term

30 Negotiated % General Wage Increase for uniformed and civilian staff: % in Jan and 1.5% in June; % in Jan and 1.5% in June; % in Jan and 1.0% in June; January % Schedule C-2 1 st class constable salary at the end of contract term was $96,851

31 Police Salaries $120,000 Western Cities First-Class Police Annual Salaries $100,000 $80,000 Winnipeg $60,000 Edmonton Calgary Regina $40,000 Saskatoon $20,000 $

32 Police Priorities Reduce Overtime Pay for Time Not Worked Civilian Rates of Pay Commensurate to Other Similar Civic Positions (Income disparity) Expansion of Auxiliary Cadet Duties Central Processing Unit Civilian Classification Disaffiliate Police Officer Layoffs from Auxiliary Cadets Shift Scheduling & Emergency Response Cars Wage controls for five civilian classifications % 2017 / 2018 / % End of Dec 2020 / 2021 June 1% December 1%

33 Winnipeg Police Association

34 Fire Salaries $120,000 Western Cities First-Class Firefighter Annual Salaries $100,000 $80,000 Winnipeg $60,000 Edmonton Calgary Regina $40,000 Saskatoon $20,000 $

35 United Fire Fighters of Winnipeg

36 WPSOA JUST GWI

37 WPSOA Concession Impact

38 Regional Bargaining Outcomes

39 Interest Arbitration Comparison

40 National Bargaining Strategy Video: Interest Arbitration should be Efficient, Transparent and Accountable click here Where do we go from here?

41 Questions?