Memorial signs agreements with NAPE

The university and two of its Newfoundland Association of Public Employee Locals signed collective agreements on Nov. 3, 1999. Local 7801, representing maintenance employees, and Local 7804, representing custodial employees, negotiated the agreements at the same time at separate tables. Monty Green, manager of Employer and Employee Relations and university team co-ordinator, noted, "Both agreements resulted in a two per cent across-the-board increase for both groups of employees on April 1, 1999 and April 1, 2000. In addition we have agreed to set up a union/management committee to examine and develop a performance management program." Both agreements expire March 31, 2001.

Exemplary and long-time employees recognized
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This year, exemplary awards were presented to four staff members for their individual accomplishments, resourcefulness, initiative, creativity, leadership, responsiveness in delivering service, and dedication to high standards.

The recipients were: Denise Collins, Faculty of Arts; Judy Evans, Fisheries and Marine Institute; Trudy Pound-Curtis, Comptroller's Office; and Sharon Walsh, Sir Wilfred Grenfell College. This year marked the first year that a team of employees received the exemplary service distinction for a combined effort. Staff members from Student Housing (Student Affairs and Services) and the Maintenance Team (Facilities Management) were presented with an award. Cynthia Whelan, Jim Tobin, and Fred Tucker accepted the award on behalf of Facilities Management; Christine Burke and Joe Hanlon accepted on behalf of Student Housing.

In choosing the winners, the selection committee considered nominees' continuing contributions in the following areas: significant contribution to the university through service, support and professionalism; excellent performance in the job; extending help to students, faculty, fellow employees, parents, and university guests; making the university a welcoming community for students and employees; involvement with committees or organizations.

Memorial and CUPE try out a new way to negotiate
By Ivan Muzychka

Memorial University and the Canadian Union of Public Employees (Local 1615) are trying an innovative way to negotiate their latest collective agreement. Interest-based bargaining (IBB), one of the newest ways to negotiate collective agreements, is based on the writings and research of Professors Roger Fisher and William Ury of Harvard Law School. Negotiations conducted using this process are fundamentally different from the traditional, more adversarial positional-based bargaining. Rather than arriving at the negotiating table with set positions on issues, each party instead explores the various perspectives they bring to an issue or topic. Both sides then discuss issues together and try to arrive at mutual perspectives.

For example, instead of arriving at the negotiating table with a hardened position on a uniform requirement, a union and employer using the interest-based approach might simply state that they want to explore the issue of uniforms. During the course of negotiations, neutral facilitators (an important element in IBB) help the two sides discuss the issues. The facilitated discussions might reveal that costs are actually a concern for both parties. Ideally, a mutually satisfactory solution will be reached during the course of the negotiations. This process avoids compromise, and stresses common goals and a co-operative atmosphere. (Ultimately, of course, the negotiating discussions must be summarized into mutually acceptable contract language that forms the collective agreement.)

Generally, interest-based negotiations take more time. They involve much more discussion and success depends as much on the ability of the facilitators as it does on the negotiators.

CUPE negotiator Brian Farewell is involved in the interest-based approach to negotiate a contract for Local 1615. He believes the new process holds promise. "What I like about the concept is that it promotes discussion," he recently told The Communicator. "It's a longer term approach, and there is a lot more time spent on face-to-face discussions. I think the facilitators have to get an accurate read of the mood of the discussions and ensure that both parties are being open-minded. The interest based approach depends on the ability to listen…hopefully as you develop your interests and concerns, common ground will appear."

Consensus is required and is sought throughout the process. Interest-based bargaining does not end with the agreement, and it has potential to change the overall labour-management climate within an organization. The ongoing implementation and maintenance of an agreement will also be subject to the unique conflict resolution method.

Claude Horlick, associate director (staff relations) with Memorial's Department of Human Resources, feels that in order for the new approach to work, all parties must recognize the value of using the interest-based method. "It's a new way of seeing the negotiating process," he told The Communicator. "The fundamental difference is that the emphasis is on the process itself. There is more time spent on the front end ensuring that the parties understand the process. The parties come in with open minds and are committed to work together to come up with joint solutions to common interests."

Mr. Farewell rejects any notion that the new process might result in a less valuable contract. "I don't think that a contract arrived at with this process will not be as good. I am not going to compromise my ideals…the interest-based approach means you become a party to more information. Interest-based bargaining is not just a month or a week or two months during negotiations. You really need to use this method to handle all problems that come up in the course of the contract. And any process that helps avoid a strike, a lockout, a discharge or a suspension is something that we need to explore."

While only one union at Memorial is using the new method, Mr. Horlick is confident that IBB is a good start and he's optimistic about the possibilities. "I think we take the opportunities to use this system where we can find them. We can promote our successes and hopefully over time people will buy into this approach. Over time there may be a spillover effect and the interest-based method can be used to negotiate collective agreements with other union groups."