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Managerial Employees & Near-Employees.docx

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University of Regina
Justice Studies
Stefan Idziak

Managerial Employees & Near-Employees  Student nurses, medical residents, articling law students, etc. o may have acess to bargaining where the relationship resembles a tradtional employment.  In Ontario, people receiving work-fare are explicitly excluded.  Trade Unions often prefer arms-length distance between MGMT and union.  Typically a bright line is drawn, but not always that clear  we are trying to avoid a conflict of interest  BC also recognizes a third category of "supervisors" Children's Aid Society of Ottawa-Carleton [2001] O.L.R.D Issue  whether certain employees described as "supervisors" could form part of the bargaining unit. Analysis:  supervisors front-line of management, supervise the bargaining unit employees directly o job description emphasizes supervisorial role o take a course in interactive management, hired specifically for management capacity  do performance reviews  play role in hiring via interviewing panels  help determine whether probationary employees will be kep on  carry out performance and attendance reviews  play role in counselling and disciplining employees o formal discipline more likely to come from further up.  role in decision making, greivance procedure.  since employer resisting certification, must establish, on BoP that the supervisors are MGMT and not part of bargaining unit.  "Thunder Bay" requires arms-lenght distance between sides to avoid conflicting interests on the shop floor.  Ford Case dealt with foremen o foremen could persuade workers to act against interest.  Whether someone is a manager goes to the question to which the "managerial employee" makes decisions which affect the economic live of their fellow employees, raising a possible conflict of interest.  Factors from BC Case o discipline/discharge o labour relations input o hiring, promotion, demotion.  The size of the business may be relevant o in large business, more likelihood of hierachical approach, but in small business all mgmt likely done by one or two employees.  New "flat" managerial structures prevalent in cooperative, professional workplaces may make it hard to distinguish, paticularly where there are collegial modes of decision making, and performance management through counselling.  here workplace non-traditional, aimed at "interactive management" rather than confrontational.  however, supervisors nonetheless exercise a managerial role o play role in hiring and promotion, even though final decision made by consensus rather than a single ultimate authority o complete control over preformance review process o supervisors are the eyes and ears of MGMT vis-a-vis disciopline. o supervisors engaged full-time in supervisory work and do not share the duties of the bargaining unit.  Placing supervisors into a sepearte bargaining unit won't help, since the conflict of interest will still remain. o plus the employer has a reasonable expectation that its mangement team will be undivided in its loyalty. Ratio:  Basically, it seems like the degree to which the supervisors engage in typically management actiivties will determine whether they can count as employees o discipline/discharge o labour relations input o hiring, promotion, demotion  if an employ
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