INTEREST BASED PROBLEM SOLVING(IBPS)

Does the Statutory scheme in BC support IBPS?

Is IBPS new; or is it simply basic principles of effective problem solving?

Initiating IBPS in collective bargaining and during the term of the collective agreement?

STATUTORY FRAMEWORK

… As stated previously, labour legislation in this Province … is premised on an adversarial relationship. The right to engage in collective bargaining, backed by the power to invoke economic sanctions necessarily pits labour against management. We believe that, because there will always be a divergence of interests between labour and capital, the continuation of an adversarial component to the legislation is necessary.

However, we also believe management and labour must engage in a more fluid and adaptable relationship than that envisaged by the traditional bargaining model, to achieve work place change and improvements on an ongoing basis that will be to the mutual benefit of the employer and employees and the Province.

(Recommendations for Labour Law Reform – 1992)

… labour legislation should formally acknowledge the value and importance of ongoing consultation and cooperation … By its nature, labour legislation encourages an adversarial relationship. That is not necessarily undesirable.

x x x

In finding the balance … we recognize that it is in each party’s interest to build a viable enterprise while at the same time preserving their right to freely negotiate the division of the economic pie created by their joint efforts. Put another way, while labour and management might argue over how the pie is divided, they should be working together to bake a bigger pie.

(Recommendations for Labour Reform – 1992)Section 53 of the Labour Relations Code

Section 2 of the Code

2. The board and other persons who exercise powers and perform duties under this Code must exercise the powers and perform the duties in a manner that

(a) recognizes the rights and obligations of employees, employers and trade unions under this Code,

(b) fosters the employment of workers in economically viable businesses,

(c) encourages the practice and procedures of collective bargaining between employers and trade unions as the freely chosen representatives of employees,

(d) encourages cooperative participation between employers and trade unions in resolving workplace issues, adapting to changes in the economy, developing workforce skills and developing a workforce and a workplace that promotes productivity, (e) promotes conditions favourable to the orderly, constructive and expeditious settlement of disputes, (f) minimizes the effects of labour disputes on persons who are not involved in those disputes, (g) ensures that the public interest is protected during

labour disputes, and(h) encourages the use of mediation as a dispute resolution mechanism.

Section 53 of the Code

(4) The purpose of the consultation committee is to promote the cooperative resolution of workplace issues, to respond and adapt to changes in the economy, to foster the development of work related skills and to promote workplace productivity.

(5) The associate chair of the Mediation Division must on the joint request of the parties appoint a facilitator to assist in developing a more cooperative relationship between the parties.

Section 11 of the Code

“bargain collectively in good faith and make every reasonable effort to conclude a collective agreement”

Hey-Way’-Noqu’ Healing Circle for Addictions Society, BCLRB No. B414/95

• disclose information which is necessary to foster rational, informal discussion thereby minimizing the potential for unnecessary industrial conflict

• Duty to disclose

1. obligation to make unsolicited disclosure

2. requests for information

Health Employers Association of British Columbia, BCLRB No. B393/2004

(Leave for Reconsideration of BCLRB No. B415/2003)

•Parties cannot afford to ignore each others concerns

•Encouraged to engage in a form of continuous problem solving between rounds of collective bargaining.

•Section 53 indicates wide range of topics to be discussed

•Interest based bargaining assumes that common interests of employers and employees are greater than their different interests. Not always the case.

•IBPS requires a cultural shift – change in mindset.

•Not just in collective bargaining – day to day.

IBPS new?

There are elements of interest based and traditional bargaining that overlap

•Problem solve asks questions, probe, reframe to understand concern

Interest vs.

state interests

•vague

Traditional

give positions

•stuck on position

Interest vs.

Evaluate options

•Wasting time on unworkable solutions

Traditional

Review positions

•Gradual adjustment of position

•Successful outcome based on flexibility

Interest Traditional

Evaluate options Exercise power

•Unrealistic to assume power will not be utilized

•Must be used wisely

•Sharing information

•Focus on issues not personalities

•Conflict not necessarily bad

•Letting conflict surface and allowing parties to vent may be the catalyst to initiate IBPS

Initiating IBPS

In Mediation

•summarize issues

•do not review positions initially

•creates active listening

•joint sessions

•limited note taking

•stop producing paper

Fairness

Open and Objective

Committed to Process

Understand the issues

Sensitive to concerns of group

Enthusiastic about the process

Determined to reach a consensus

•Focus on the institutions mission or purpose

+ accept

- reject

? discuss further

Communication and Trust

•Collective bargaining examples

http://www.lrb.bc.ca