Lancaster’s Workplace Essentials: Understanding the scope and limits of management rights

Whenever management makes a workplace decision that is not specifically addressed by the collective agreement, the question arises whether this action is a valid exercise of management rights. In this installment of Lancaster’s Workplace Essentials webinar series, expert panelists will examine recent case law and key principles relating to management rights. Topics to be address include:

1. In the absence of collective agreement language, is an employer in a unionized workplace required to exercise its right to manage in a fashion that is reasonable and fair, and to act honestly and in good faith?
2. How has the duty of good faith and honest performance been applied?
3. Where the collective agreement confers discretion on an employer, must the employer use this discretion reasonably? What test must employers meet when they introduce a unilateral rule or workplace policy?
4. In what circumstances will an arbitrator find that employers have exercised their discretionary management rights properly? Improperly? What kinds of remedies may an arbitrator order in these circumstances?
5. How have the foregoing principles been applied in recent caselaw dealing with drug and alcohol testing, attendance management, and electronic monitoring?