Canadian Lawyer InHouse

31 CANADIANLAWYERMAG.COM/INHOUSE SEPTEMBER 2016 RANKED C A N A D I A N L A M A G A Z I N E www.sherrardkuzz.com | 416.603.0700 | 24 Hour 416.420.0738 250 Yonge St #3300, Toronto, ON M5B 2L7 | @SherrardKuzz Your preparedness experts. Employment Law Labour Law Murphy' s Law At Sherrard Kuzz LLP we collaborate with our clients to anticipate and avoid human resources problems. We know proactive steps today will prevent Murphy's Law tomorrow. From human rights to health and safety, and everything in between… If it's about your workplace, we're the only call you need to make. oyment Law ur Law phy' s Law Untitled-2 1 2016-08-11 3:07 PM each of the parties prior to the hearing. A single employer representative provided responding evidence for all 12 classifi cations. Examination and cross-examination of representative witnesses was limited to key issues. An early evaluation session enabled the parties to discuss the legal issues and evidence with the arbitrator in advance of a decision. As a result of this process, all of the 29 re- classifi cation grievances were completed in less than three months with just six hearing days required. Using a traditional arbitra- tion hearing model, OPTrust had anticipat- ed about 60 hearing days would have been required and the entire process would likely have taken several years to complete. External counsel Sherrard and Lisa Bolton from Sherrard Kuzz assisted John- son in the process. Johnson recognized the signifi cant im- pact the outstanding grievances were having on employee morale not only in the affected department but also across the organization. "She was also concerned about the length of time it would take to complete all of the grievances using traditional arbitration pro- cedures and the signifi cant fi nancial cost and business interruption resulting from lengthy individual hearings," says Sherrard. "Tamara also recognized the need for a consistent ap- proach to determining the appropriate clas- sifi cation of positions, which she believed could not be achieved if different arbitrators adjudicated the grievances in isolation." Finally, Johnson believed that a different, collaborative approach to promptly resolve the grievances was essential to foster posi- tive labour relations as the parties were pre- paring to begin renegotiations of the collec- tive agreement. Johnson initiated the change with OP- SEU as a way to resolve outstanding clas- sifi cation grievances that had been pending for several years. There were several positive business outcomes for the company including swift, consistent resolution of all outstanding grievances: • Enhanced employee morale not only in the affected department but across the or- ganization. • Considerably cut down the time and cost (fi nancial and personal anxiety of witness- es) to complete the grievances, relative to a traditional arbitration procedure. • Minimized disruption to daily operations. • Ensured a consistent approach to deter- mining the appropriate classifi cation of positions, which could not have been achieved if different arbitrators adjudicat- ed the individual grievances in isolation. • Promoted collaboration and co-operation between the union and employer regard- ing reclassifi cation, which had tradition- ally been a contentious issue between the parties. This was particularly important as the parties were preparing to begin ne- gotiations for the renewal of their collec- tive agreement. By proactively resolving the grievances, the parties were able to remove a signifi cant impediment affect- ing future labour relations. There was a signifi cant legal cost savings for both the employer and union, but above all was the saving of time and workplace disruption. IH

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