Labour Relations - Preventive Mediation


Preventive Mediation


The Preventive Mediation Program (PMP), is designed to help management and labour work together to improve communications, increase cooperation and resolve employment issues through joint problem solving with the aid of a neutral mediator. The PMP encourages a shift to a more positive labour relations environment and promotes responsible collective bargaining in the Province
.

 

The seven (7) components of the PMP include:

·         Mediator Consultation (MC)

·         First Agreement Orientation (FAO)

·         Labour Management Committee (LMC)

·         Joint Problem Solving Training (JPST)

·         Grievance Mediation (GM)

·         Relationship by Objectives (RBO)

·         Workplace Intervention (WI)

The Preventive Mediation Program was implemented in 1992. Since then, the Labour Relations Division has continued to refine and expand the services offered under the Program to meet the varying challenges associated with unionized, labour management relations. More than 1500 requests for service involving 250 private and public sector clients have been received since 1992. The program continues to gain wide acceptance within the labour management community. In particular, the grievance mediation component has been in high demand and has operated with a high rate of success - approximately 85% on average.

Since 1992, the Labour Relations Division has promoted the PMP through: public forums; work shops;  speaking engagements and presentations to interested stakeholders and educational institutions; staffing information booths at conferences held by employer associations and unions; radio and newspaper advertisements; the production of a video, brochures, calendars and posters; and through the Internet.

Client feedback on the PMP has been very positive. Many clients are repeat users. Results of the program have exceeded client expectations and helped improve labour/management relations. During 1996 an independent evaluation of the Program was conducted by McDonald Human Resources. The evaluation concluded:

"Overall, there is no question that the Preventive Mediation Program has been a success. The Program and its various components, and the people who have been involved in delivery, are highly regarded in the employer, union, and employee communities in the province. The Department is seen as providing a valuable service which has been very effective in accomplishing what it was designed to do -- improve communications, enhance problem-solving, and dispute resolution skills, and build labour-management relations."

A Program Designed To Create A Positive Labour Relations Environment By Improving Workplace Communications and Promoting Joint Problem Solving.

The Team Approach To Better Labour Relations

The Quest
A Co-Operative and Productive Workplace

A co-operative and productive workplace is the goal of all organizations. A lack of communication between employers and employees, however, can sometimes lead to disagreements. These disputes are often time consuming and costly because they disrupt the workplace and distract both parties. Preventive Mediation is a program that assists management and labour to work together before issues become unmanageable. Quite simply, it encourages the parties to improve communications, increase co-operation and resolve issues through joint problem solving with the aid of a neutral, third party mediator.

The Path
Working Together

There are six components in the Preventive Mediation Program. They are informal and flexible. Participants choose to implement the components which best suit their needs.

The First Step:
Mediator Consultation

Neutral, third party assistance provided to management and labour to introduce them to the Program and tailor components to address their unique situations in an effort to build a more positive labour relations environment.

Asking Directions:
First Agreement Orientation

An information service provided to management and labour concerning their rights, responsibilities and obligations under provincial labour legislation. It may include information on notification requirements, bargaining rights and duties, conditions precedent to a legal strike or lockout, tips on conducting effective negotiations and other topics of interest.

Rough Spots:
Labour / Management Committee

Mediators help establish and enhance the functioning of joint committees which meet regularly to discuss the constructive resolution of day-to-day workplace issues, and thereby improve workplace productivity through greater co-operation and joint consultation.

Team Work:
Joint Problem SolvingTraining

A seminar in communications, joint problem solving, and consensus decision making for Supervisors and Shop Stewards. It provides an opportunity for each party to understand and respect the other's point of view and build a constructive relationship.

Hills and Valleys:
Grievance Mediation

An informal process which provides a voluntary, cost-effective alternative to arbitration. The process involves the grievor and assists management and labour in resolving grievances with the aid of a mediator. The settlement rate is greater than 84%.

Common Goals:
Relationship By Objectives

A conflict resolution process that brings management and labour together in an intensive three-day session to analyze their current relationship, identify any problems, establish solutions, and develop an action plan for an improved future relationship based on common objectives.

Workplace Intervention:

Workplace Intervention is a service designed to provide conflict resolution in situations where people who work together and interact on a regular basis are in conflict and require intervention to resolve their dispute to foster a better work environment.

This service, which requires approval from both the Employer and the union, requires voluntary participation from the parties. A Mediator from the LRA will work with the parties in an effort to resolve their dispute. This may include developing a Workplace Agreement in which the parties, through the assistance of the Mediator, develop a set of ground rules to follow, which will enable them to reduce conflict and maintain a more productive work environment.

 

The Team Approach
Finding Ways
to Communicate

The Labour Relations Agency offers Preventive Mediation assistance through their Labour Relations Division. Preventive Mediation is based on joint participation by both labour and management; both parties share the work, and both parties share the benefits.

For Management, the Benefits Include:

·         improved communications with labour away from the adversarial atmosphere of negotiations

·         an opportunity to discuss operational issues, planning, quality control, training, scheduling, etc. in a non-confrontational environment

·         a means of handling problems, before they escalate, through joint consultation

·         a more positive labour relations environment

For Labour, the Benefits Include:

·         an open communication channel to senior management

·         an avenue to express complaints that lie outside the grievance procedure

·         an opportunity to have input into operational issues

·         an opportunity to be recognized as a partner with management in the success of the organization

Preventive Mediation only works when management and labour share the desire for improved stability within the organization, which will result in a more viable, productive and united workplace for all stakeholders.

The Summit
Better Relations

Participation in the Preventive Mediation Program is voluntary. Both parties must recognize the need to improve their relationship, want to implement positive changes and be committed to developing a constructive labour relations environment. Mediators will meet with representatives of management and labour, together or separately, to discuss how the program works and to determine which components are best suited to the workplace.

Preventive Mediation is not the solution to all labour/management problems. It is, however, a starting point for parties who have a sincere desire to build a more co-operative and productive workplace. Preventive Mediation improves communications. It helps the parties to build a relationship based on mutual trust and respect, by identifying common goals and ways to reach these goals together. Preventive Mediation is the team approach to better labour relations.

Management has Said...

"
We are more than pleased with the program and plan to continue our participation in the future. We would also like to encourage participation by all organizations in the province who are involved in labour relations."
"We fully endorse this program and hope that the department will continue their work with employers and employees to make this a better province to do business in."

Labour has Said...

"We would strongly recommend this process to any group."

"The program has allowed a cost savings to the union, plus it enhances the labour relations climate between the parties, an obvious benefit for all concerned."

Request for Services

If your labour/management relationship encounters difficult circumstances that might benefit from neutral, third party assistance, consider participating in the Preventive Mediation Program. For more information please contact us.

Back


HomeBack to GovernmentSitemapContact UsTop


All material copyright the Government of Newfoundland and Labrador. No unauthorized copying or redeployment permitted. The Government assumes no responsibility for the accuracy of any material deployed on an unauthorized server.
Disclaimer/Copyright/Privacy Statement