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Will “Worth Fighting For” Be Worth Fighting For?

23 Ontario non-profits are on strike in an OPSEU-organized initiative it has titled “Worth Fighting For”. Learn more about its implications.

Labour Disruptions Affect Non-Profit Boards Too

Management is front and centre when a strike happens, but that doesn’t mean non-profit boards are off the hook. They have a vital role to play.

Too Cautious? Try This!

The case can be made that today’s non-profit managers are reluctant to deal with underperforming staff. Here are ideas for addressing that issue.

Results of Last Edition’s Survey

In our last edition we asked about your experience with systems-level change. Unfortunately, we encountered a glitch in our survey data collection system. But that’s systems for you.

WILL "WORTH FIGHTING FOR" BE WORTH FIGHTING FOR?

The Story

Can the Ontario Public Service Employees Union (OPSEU) force the Ontario government to increase funding for community services for children and adults, so its union members will be better paid? If so, it will have succeeded where others have not.

The Skinny

OPSEU’s current "Worth Fighting For" campaign is said to involve 23 bargaining units that are on strike or locked out, impacting nearly 4,000 workers and many more thousands of children, adults and families who access community and social services in this province.

The strategy behind “Worth Fighting For” appears to be as follows:

· Create pressure across many non-profit employers at once rather than bargaining organization by organization.

· Achieve one or more settlements with meaningful wage gains.

· Create the prospect that other organizations will face challenges recruiting and retaining staff if they do not match those gains.

· Assume these non-profit organizations will pressure the provincial government for more funding because they can’t fund comparable settlements from existing budgets.

· Assume the provincial government will accede to this pressure and increase funding.

How much might all this cost the government? Third-party estimates suggest the tab could be in the neighbourhood of $500 million per year, if the settlements were in the 10% neighbourhood. For the average community organization with a total budget of $20 million, this would equate to about $1.5 million per year.

But what happens if the government doesn’t concede and pony up? Then individual organizations will need to come up with money for increases on their own. The obvious place for them to find it is to reduce the number of employees, since staffing costs make up 75% to 80% of most non-profits’ budgets. Presumably this is a solution that satisfies no one. So, for OPSEU there are risks involved, in the form of potentially fewer members once the disruptions are over.

The Likely Result

If past experience is an indicator, OPSEU will achieve partial success. That success would take the form of larger wage gains than would have been achieved otherwise, financed by some additional funding from the Ontario government to the organizations as an offset. But it won’t be enough to address all of OPSEU’s and the community organizations’ concerns related to:

· Wage increases that help close compensation gaps with comparable sectors.

· Recruitment and retention improvements to address chronic staffing shortages.

· Recognition of Bill 124-related wage suppression.

· Improved working conditions and workload management.

· Increased provincial base funding for developmental, community, and social services.

The Ironies

Two ironies emerge from this particular situation.

First, most government-funded non-profits are not opposed to higher wages for their employees, far from it. At the same time, their hands are tied by the amount of money they get from the province. It’s not like they generate large surpluses that sit unspent in their bank accounts. And it’s not like they haven’t asked for more. Their resistance to paying more in wages is based on financial prudence and sustainability.

Second, these same non-profits would also like more money from government to address the waiting lists that exist for many of their services. Even if wages are raised through OPSEU’s action, that won’t be the end of the call for more money. Far from it.

The BIG IDEA

Our BIG IDEA for this week is to wish there was a big pot of money that would successfully resolve this dilemma.

LABOUR DISRUPTIONS AFFECT BOARDS OF DIRECTORS TOO

The Story

When non-profit human service employees walk out in a labour dispute, management is forced to assume additional responsibilities. What is less recognized is that volunteer boards of directors also are significantly impacted.

Research suggests that during a labour disruption, non-profits boards must zero in on two specific responsibilities. First, they must ensure the organization continues to fulfill its mission safely, legally, financially, and ethically. Second, boards must ensure the organization is in a position to serve people and rebuild relationships after the dispute ends.

The Skinny

If that sounds easy, it’s not. But research also says there are principles every board can follow.

1. Govern, Not Manage

During a strike or lockout, the board should:

Approve strategy and risk tolerance.
Monitor organizational sustainability.
Ensure continuity plans are in place.
Receive regular updates.
Support the Executive Director/CEO.

It should not:

Participate directly in bargaining.
Direct bargaining proposals.
Manage strike operations.
Communicate directly with union representatives.

2. Focus on Service Continuity

For human service organizations, including those providing developmental services, children's services, mental health support and shelters, the primary governance question is “Can we continue to provide safe services to vulnerable people?”

To focus on service continuity, Boards should require the Executive Director/CEO to report frequently on:

Residential staffing levels.
Critical incidents.
Medication administration coverage.
Health and safety concerns.
Family concerns.
Regulatory compliance.
Service reductions.

A strike becomes a governance issue when service continuity is threatened.

3. Continue to Fulfill the Board’s Fiduciary Duties

Directors remain responsible for:

Financial, risk management and regulatory compliance oversight.
Duty of care, loyalty and obedience to organizational purposes.

Boards should receive frequent updates regarding:

· Cash flow

· Overtime

· Staffing

· Management coverage

· Legal costs

4. Pay Attention to Health and Safety

The board should be satisfied that management is:

Maintaining safe workplaces.
Monitoring fatigue.
Managing replacement staffing risks.
Responding to incidents.
Supporting psychological health.

For residential service providers, fatigue among management staff covering shifts is often one of the greatest risks.

5. Maintain a Good Relationship with the Executive Director/CEO

Labour disputes place extraordinary pressure on Executive Directors/CEOs.

Boards should:

Increase communication frequency.
Clarify decision-making authority.
Provide support.
Avoid second-guessing operational decisions.

6. Understand the Difference Between Positions and Interests

Boards should understand:

Union position: wage increases, staffing, benefits.

Employer position: financial sustainability, service continuity.

Shared interests:

Safe services.
Staff retention.
Organizational sustainability.
Community trust.

7. Protect Organizational Reputation

Public communications should be:

Factual
Respectful
Non-inflammatory
Focused on services.

Remember that the organization must work with employees after the dispute ends.

8. Plan for Settlement Before Settlement Happens

The board should ask:

How will employees return?
What will be required for reconciliation?
How will service backlogs be addressed?
What support will managers need?
What support will employees need?

The period immediately after settlement can be as challenging as the strike itself.

9. Document Board Oversight

Minutes should reflect:

Risks reviewed
Reports received
Decisions made
Directions given.

If a serious incident occurs, the board should be able to demonstrate that it exercised appropriate oversight.

YOUR MANAGERS ARE TOO CAUTIOUS? TRY THIS!

The Story

In a recent newspaper, authors Howard Levitt and Dante Capannelli argued that leadership in today’s organizations has become more cautious, due to reluctance to deal with employee performance issues. That caution comes from “the perceived personal and institutional risks associated with exercising oversight”.

The Skinny

If this is indeed the case, how do you deal with performance issues effectively and without risk? Here are some ideas.

1. Address issues early

Don’t let them fester. Get at them at the first sign.

2. Focus on behaviour and results, not personality

Describe:

What was observed
What standard was expected
What impact occurred
What improvement is required

Specific examples are essential.

3. Be clear about expectations

Ensure the employee understands:

Job duties
Organizational values
Service standards
Documentation requirements
Attendance expectations
Health and safety responsibilities

4. Document consistently

Documentation should include:

Date
Issue discussed
Employee response
Expectations for improvement
Follow-up plan

Documentation should be factual, objective, and free of emotion.

5. Distinguish between skill, will, and capacity

Not all performance problems have the same cause.

Skill Issue

The employee does not know how.

Response:

Training
Coaching
Mentoring
Clear instructions

Will Issue

The employee knows how but is not performing.

Response:

Accountability
Clear consequences
Increased supervision

Capacity Issue

The employee may be struggling due to:

Workload
Burnout
Health concerns
Family pressures
Disability-related accommodation needs

Response:

Support
Accommodation discussions
Workload review
Employee Assistance Program referral

Treating all problems as being discipline-related is a common mistake.

6. Understand the duty to accommodate

Ontario employers have obligations under the Ontario Human Rights Code.

Performance concerns may be connected to:

Disability
Mental health issues
Family status obligations
Other protected grounds

7. Coach more, discipline less

Explain expectations
Observe performance
Provide feedback
Reinforce improvement
Escalate only if improvement does not occur

Employees are more likely to improve when they believe their manager wants them to succeed.

8. Use progressive discipline properly

Where discipline becomes necessary, especially in unionized environments, progressive discipline is often appropriate.

Typical progression:

Coaching discussion
Verbal warning
Written warning
Final warning
Termination (or other appropriate action)

(Unionized workplaces should always consult HR and collective agreement provisions.)

9. Be respectful

· Describe what occurred.

· Explain the effect.

· State the required standard.

· Discuss what assistance is available.

· Set a review date.

· Keep the conversation professional, calm, and private.

10. Remember the non-profit context

Many Ontario non-profits operate with:

Staffing shortages
Funding constraints
Emotional labour
Strong mission commitment

11. Build a culture of continuous feedback

The most successful organizations make feedback routine rather than exceptional. Managers should regularly discuss:

What is working well
What could improve
Development goals
Career aspirations
Service quality

When feedback becomes normal, performance issues become easier to address.

The BIG IDEA

Based on our experience working with community organizations, managers can prevent many performance issues by being present in the work area. We know this can be challenging, especially in residential situations where the organization might have a number of locales overseen by an individual manager. But the more you can be present, the better.