Challenges On HR in The 21st Century

HRM includes conducting job analyses, planning personnel needs, recruiting the right people for the job,
orienting and
training, managing wages and salaries, providing benefits and incentives, evaluating performance, resolving disputes, and
communicating with all employees at all levels. Examples of core qualities of HR management are extensive knowledge of
the industry, leadership, and effective negotiation skills, formerly called personnel management.
Typically, HRM is the function within an organisation that focuses on recruitment of, management of, and providing
direction for the people who work in the organization. HRM can also be performed by line managers. It can also be
described as the organisational function that deals with issues related to people such as compensation, hiring,
performance management, organisation development, safety, wellness, benefits, employee motivation, communication,
administration, and training.
It is also a strategic and comprehensive approach to managing people and the workplace culture and environment.
Effective HRM enables employees to contribute effectively and productively to the overall company direction and the
accomplishment of the organization’s goals and objectives.
In modern time, HRM is moving away from traditional personnel, administration, and transactional roles, which are
increasingly outsourced. HRM is now expected to add value to the strategic utilization of employees and that employee
programmes impact the business in measurable ways, hence, the new role of HRM involves strategic direction and HRM
metrics and measurements to demonstrate value.
Human Resource Management challenges
Over the last two decades, there has been an unprecedented increase in the number of organisations that have
internationalised their operations. The international movement of labour that has been concomitant with such expansion of
international business has meant that issues associated with the management of human resources across International
borders are increasingly important to international human resource managers and academics. This poses a lot of
challenges to HR managers.
The rapidly-transforming business landscape means that there are currently many human resource management
challenges which will continue to evolve for years to come. Tom Marsden, Director of Professional Services at Alexander
Mann Solutions says that HR departments really need to be adding real business value to their organisations.
“Although the restrictions of the recession aren’t over yet, companies are recognizing that in 2010, they will need to take
steps to retain their workforce. This could be through an increased emphasis on training and engagement programs or by
investing in areas that will optimize expenditure, such as integrated technology systems or improved candidate attraction
schemes. The signs are that HR departments are preparing to maximize their resources and staff as organisations look to
grow.”
Due to the fluctuating economy as well as local and global advancements, there are many changes occurring rapidly that
affect HR in a wide range of issues. In the Survey of Global HR Challenges: Yesterday, Today and Tomorrow, conducted
by PricewaterhouseCoopers on behalf of the World Federation of Personnel Management Associations (WFPMA),
several challenges for human resource management were revealed.
This survey, which concluded that “despite national and regional differences, there was remarkable unanimity,” disclosed
some of the top human resource management challenges as follows:
 Change management (48%),

 Leadership development (35%),
 HR effectiveness measurement (27%),
 Organisational effectiveness (25%).
But , typically, the main challenges of HR manager include adding value to an organisation both the labour force and the
business itself, manage talent within your organisation – try to attract and keep talented and hard-working people in the
organisation; managing globalisation, Information Technology, business control, Information-workers and info-
management.
The modern business can not effectively operate in the business world if the human force is not well equipped with the
latest technology and techniques. This is the responsibility of the human force manager to properly train the work force
and to see the basic things the human force needs to achieve the competitive advantages of business in 21st century.
Great debates on this topic have been ongoing for several years and no doubt, people are important in any organisation
but due to rapid changes in the business world, globalization, change in customer taste and habits, new techniques of
production, human in the organisation now facing different kind of problems, to cope with this situation the today’s HR
manager is also facing a variety of issues and challenges on how they can best manage and solve all these issues and
challenges with splendid ways.
The average HR manager is facing a variety of challenges tomeet these challenges for the future, tomorrow. HR manager
or department must be much sophisticated than their predecessors. Because an international or multinational organisation
can not perform their activities well when their HR manager knows the diversity of technique to hack it with these issues
and to how they can prepared a unobjectionable force for the organisation to face the rapid competitive business word
and to operate in the situation.
All the organisations should prepare their human resources people well keeping in view the global environment or market
place to ensure competitive advantage. Human resource manager will have to build or developed such a frame work that
allows flexibility to develop such a workforce that will be the work force for tomorrow. The main aim of the paper is to
address HR issues and challenges in the light of variety of literature work by different authors.
What should be the priorities for human resource in future what should be? The answer to this question is very difficult but
there are many factors contributing to HR managers functions and these activities are constantly changing. By keeping in
view the entire situation, the organisation's HR department is continuously being transformed as well.
Some pieces of research have pointed out that the most of the challenges faced by the HR in 21st century are also, retention of the
employees, multicultural workforce, women workforce, retrenchment of employees, change in the demand of the government,
technology , globalisation, and initiating the process of change.
The World Federation of Personnel Management Association (WFPMA) survey pointed out the most important top ten HR
challenges are leadership development, organizational effectiveness, change management, compensation, health and
safety, staff retention, learning and development, succession planning. Staffing: recruitment and skill labour. Liz Weber
has pointed out that the most important challenges of the HR in business are layoffs. The most of the owners and
managers are facing this hard issue. This laid off may be due to several reasons which include the economic uncertainty,
the employee’s job instability and HR less effectiveness.
In the view point of Gary Dessler, the most important challenges of HRM, are technology, e- commerce, and workforce
diversity, and globalisation, ethical consideration of the organisation which may directly or indirectly affect the organisation
competitive advantages, especially with technological advancement the affect on recruitment, training and development
and job performance with great extent can be study in organisation.
We can sum up these from the following points that the foremost challenge faced by HRM is the globalisation.
Globalisation means the present flow of goods, services, capital, ideas, information and people. It means the movement of
these things without using any human resource. In this modern business world, markets have become battlegrounds
where both the domestic and foreign competitors try to capture as maximum market shares as possible. Such
globalisation is a challenge for HRM.
However without human resource they have no value because a workforce is knowledgeable and skilled, who facilitates a
company in gaining competitive advantage over others and enable a company to compete in the foreign market and to
make investment in not only in a domestic market but also in foreign markets. Therefore all the HR Managers come up
several strategies to develop and retain such human resource, because Human Resource is the tool which makes an
organisation successful in the field of globalisation.
Today, many business leaders and executives view HR as a non-strategic cost centre instead of a core, profit-
contributing function. This is especially true during the tough economic times like in the past few years which have put
more organizational demand on the revenue generating business functions – and more of a focus on cost saving for the
other functions. Unfortunately most organisations still view HR as a transactional cost centre which makes them to under
play the function.
One of the most common complaints about HR is that many professionals lack the forward thinking, strategic advisory
focus needed to be an effective business partner. They don’t spend the time to understand the business they support and
focus more on transactional HR activities that don’t have the impact the business desires. HR Business Partners need to
be trusted advisers to the businesses and leaders they work with. They need to be effective coaches and remain aware
of their critical role as to effectively assess workforce capabilities and enable planning for future needs. HR must be
focused on becoming a trusted advisor to their business to empower managers to drive improved organisational
performance.
Challenges and Issues of Human Resource Management in

the 21st century
By
Lenin Karthikeyan
Assistant Professor - Senior Scale
Manipal University
Dubai
Companies that desire to maintain a competitive edge, both now and in the future require human force well
equipped to face the ever increasing pace of technological changes and techniques. This is the
accountability of the human force manager to properly train the work force to accomplish the competitive
advantages of business in the 21st century. HRM managers have moved from handling simple personal
issues to making a strategic implementation through supporting the long term strategies with the
necessary employee qualifications and developing the cultural and technical capabilities required for the
strategies of the organization. In recent years there has been considerable debate regarding human
resource management (Bal, 2011, p- 2). One has to rise the question here what should be the priorities for
human resource in future? Though we believe that human plays a vital role in an organization but due to
rapidly transforming business landscape, globalization, changing nature of consumer taste and habits, a
new techniques of production, HR managers are facing a variety of issues and challenges like retention of
the employees, multicultural work force, retrenchment of the employees. Armstrong (2004) defined Human
Resource Management (HRM) as the function within an organization that focuses on recruitment of
management of, and providing direction for the people who work in the organization. Human resource
manager will have to build or develop a frame work that allows flexibility to develop a workforce for
tomorrow (Andries du plessis, 2008, p-167). The primary focus of the paper is to explore HR issues and
challenges and to provide practical solutions.
Review of Literature:
The world federation of personnel management association (WFPMA, 2009) survey pointed out the most
important top ten HR challenges are leadership development, organizational effectiveness, change
management, compensation, health and safety, staff retention, learning and development, succession
planning, staffing: recruitment and skill labour. In the view point of Decenzo and Robins (2001) the most
important challenges of HRM, are technology, E commerce, and work force diversity, and globalization,
ethical consideration of the organization which may directly or indirectly affect the organization competitive
advantages, especially with technological advancement the affect on recruitment, training and
development and job performance with great extent can be study in organization.
Factors affecting the role of HRM
Globalization
Greengard (1995) defined globalization as the system of interaction among the countries of the world in
order to develop the global economy. Globalization refers to the amalgamation of economics and societies
around the world which means that world trade and financial markets are becoming more integrated.
Growing internationalization of business has its impact on HRM in terms of problems of unfamiliar laws,
languages, practices, competitions, attitudes, management styles, work ethics etc (Srivastava & Agarwal).
Globalization has an effect on employment patterns worldwide. It has contributed to a great deal of
outsourcing which is one of the greatest organizational and industry structure shifts that change the way
business operates (Drucker, 1998). Globalization is also seen as changing organizational structures where
expenses can move up or down as the business climate dictates (Garr, 2001). As a result HR managers
have to confront with more heterogeneous functions and more involvement in employee's personal life.
Technological advances
Technological advances have a significant impact on HR business practices. Due to the advancements in
the technology there has been a drastic change in the approach to the various projects and the scenarios
that guide to the organizational regulations.
Firstly, the need of skilled personals is mentionable. In order to survive in a competitive environment the
organization definitely in need of the skilled personals in substantial number to handle the situations and
technical equipments. In an organization there are "hot" sectors which require a high of technical experts
like telecommunications, hospitality, retailing, banking, insurance, bio-technology etc. Next head which is
worth mentioning is the downsizing. New technologies have decimated many lower-end jobs with
frustrating regularity. The increased automation also has reduced the employee head counts everywhere.
The pressure of remaining cost-effective in every aspect has also compelled many a firm to go lean, and
thereby cutting down extra fat at each and every managerial level (Anurag, 2011). Managing the
expectations of knowledge workers is also going to be a major area of concern for all HR managers in the
years ahead.
Other aspect is telecommuting where the employees started to work remotely from a place other than their
primary office. Telecommuting became a popular alternative to avoid the daily commute where the
employees use phones and internet to transmit their office works.
This has been a powerful cost effective tool in the sense that companies have been successful in increasing
their applicant pool through this mode and staffs also may live far away from cities and gain considerably
due to savings in rents, transportation, etc.
The biggest issue due to technological advancement is adaptability, with companies looking at tools which
can integrate with the internet, while other issues of concern include data privacy, security and business
continuity/disaster recovery.
Workforce Diversity
Diversity by definition for the business world means having a workforce that represents many different
viewpoints, backgrounds and cultures. Diversity affects all areas of organizations from recruitment to
compensation, to the affect it has on the corporate culture, morale and competitiveness. Diversity in the
workplace is an increasingly topical theme in management. Diversity within HRM, termed as workforce
diversity, is a multifaceted phenomenon that can be defined as any visible or invisible difference between
organisational members. Diversity can be labelled into two distinct aspects: observable differences (e.g.
nationality, age) and underlying differences (e.g. values, sexual orientation). Workforce diversity becomes
a particular issue in HRM as it has legal, moral and business implications for an organization.
There are a number of ways in which people respond to diversity. Behavioural and emotional reactions to
diversity are explained largely by three theories: the similarity attraction paradigm, social identity theory
and social categorisation theory (Pearson, 1995). Workplace diversity has its positive effects (e.g.
innovation, flexibility) as well as negative effects (e.g. high turnover, decreased job satisfaction). However,
diversity management can help mitigate the adverse effects of diversity and capitalise on the positive
effects.
With the fusion of talents of diverse cultural backgrounds, genders, ages and lifestyles, an organization can
respond to business prospects more vividly and creatively, especially in the global arena, which must be
one of the main organizational goals to be attained. The risks of losing talents to competitors occur when
an organizational environment does not support diversity. This is especially factual for a multinational
company (MNCs) who have ventures on a global scale and employ people with varies ethical and cultural
backgrounds. Thus, a HR manager needs to be mindful and may employ a Think Global, Act Local approach
in most circumstances.
Changes in political and legal environment
If there are Changes in political and legal environment, then almost all aspects of HRM will be affected by
the legal and regulatory environment. The key drivers of a political climate include the extent of external
regulations, nature of work contracts, various labour legislations and case laws etc. Such factors remain
ever changing, and as such, the political atmosphere of human resource management remains in a
constant change of flux. It is the duty of human resource and industrial relations executives to anticipate
the changes and fully examine the implication, of these changes and brings about necessary adjustment
within the organization so that they can face any changes without any breakdown in its normal functioning
(Srivastava & Agarwal, p-47)
Changes in the Economic Environment
In an economic situation companies suffer both internal and external pressures. The external competitive
pressure stemming from the economic crisis produces a drop in demand and an increase in unemployment,
which in turn affects the global competition in the market. On the other hand the internal management of
the company focuses on efficiency. This leads to pressure to reduce costs and fringe expenditure, as well
as to the need to justify the need for each and the total amount of all expenditure to be incurred. High
unemployment and layoffs are clearly HRM and managerial issues. Without a doubt, these matters
influence the strategic HR function. In an inflationary economy, the resources tend to become scarce and
the costs of machine, materials and labour multiply. These push up the capital and running costs.
Ethics
While considering the challenges of human resources there is a need to discuss about ethics. The
discussion about ethics happened during mid 2000s when several companies were found to have engaged
in gross unethical and illegal conduct, resulting in the loss of billions of dollars from shareholders.
Companies are seeing the value of implementing ethics codes within the business. Many human resource
departments have the responsibility of designing codes of ethics and developing policies for ethical decision
making. According to Steve Miranda, chief human resources officer for the Society for Human Resource
Management (SHRM), "[the presence of an ethics officer] provides a high-level individual with positional
authority who can ensure that policies, practices, and guidelines are effectively communicated across the
organization"( McGraw, 2011). Developing policies, monitoring behaviour, and informing people of ethics
are necessary to ensure a fair and legal business.
In the present era most of the organizations are competing globally for their best reputation, by keeping in
view the above issues and challenges the HR mangers are responsible to train all the young workers, to
provide them best rewards as a result they will show their commitment and loyalty.
- Technology has changed each and everything with great extent, the methods of production, the process
of recruitment, the training techniques, new equipment and technology should be introduced and purchase
by the organization and training should be provided to young and educated workers.
- To cope up with the issue of Globalization HR manager should adopt the concept of Globalize Human
Resource Management (GHRM) where it prepares the skill people or manager worldwide. This way the
trend of globalization can be minimized with some extent.
- Human resource manager should develop such a HR system which consistent with other organization
elements such as organization strategies, goals and organization style, and organization planning.
- Regarding the debate on work force diversity, the HR manager accountable to make such a broad
strategies which help to adjust employees in global organization, HR must increase the ability to compete
in the international market.
- Organization culture is also another important element which must be consider by the HR manager, the
culture must be like to shape their behavior and beliefs to observe to what is imperative.
- To provide more and more talent people into the organization the HR manager must re-decide and re-
arrange the staffing functions, for recruitment selection, training and transfer, promotion, dismissals,
placement, demotion and layoffs of the employees separate strategies should be developed and
implemented.
Conclusions
As we have discussed the dominant issues and challenges which are facing by HR mangers and
organization. The foremost work by the HR is to develop sound organizational structure with strong
interpersonal skill to employees. Training employees by familiarize them with the concept of globalize
human resource management to perform better in the global organization context. All these issues and
challenges like, work force diversity, leadership development. organizational effectiveness, Globalization, E-
Commerce, etc, can be best manage by HR manager where they have to adopt a HR practice which
encourages rigid recruitment and selection policy, division of jobs, empowerment, encouraging diversity in
the workplace, training and development of the work force, fostering innovation, proper assigning of duties
and responsibilities, managing knowledge. By enthusiastically following all the above aspects the value of
human resource can be improved, organization efficiency can be enhanced, and the organization will
sustain to survive.
What Are The Biggest 21st Century Workplace Challenges?
By Barbara Mitchell
HR expert / co-author
The Essential HR Handbook
“Progress might have been all right once, but it has gone on too long,” said well-known poet Ogden Nash. Indeed,
the modern workplace is evolutionary, with resources—human and otherwise—in a state of constant flux. How
organizations adapt and react can mean the difference between success and failure. Here’s why.
Workforce changes
The workplace has changed significantly in this new century, and the pace of change isn’t slowing down. We have
moved into a global economy in which events and actions in formerly remote parts of the world have a real impact
on U.S. business. We’ve moved into the knowledge economy, too: The service industry has replaced manufacturing
as the core U.S. enterprise.
Work that used to be done here is being “outsourced” to countries that pay lower wages. Technology is changing
how and where we work. Employees are seeking a balance between their work and personal lives.
Meanwhile, the makeup of the labor pool in this country continues to experience major shifts. The U.S. Department
of Labor estimates that by 2008, 70 percent of people entering the job market will be women and people of color.
Further, we may face a significant labor shortage—depending on whether Baby Boomers (those born 1946-1964)
retire when they are eligible or continue to work at least part-time.
These forecasts suggest that organizations should review their current policies and practices to be sure they are
prepared for a different workforce.
Business ethics
Recent scandals have raised the bar considerably regarding workplace ethics—that is, moral principles and values
that establish appropriate conduct. More than half of U.S. businesses report having some type of ethics policy—but
that isn’t enough.
For example, Enron Corporation, a fast-growing energy firm that was brought down by accounting scandals in the
early 21st century, had a comprehensive ethics policy that appears to have been ignored. In addition to the Enron
scandal, firms such as WorldCom, Tyco International, and Arthur Andersen (auditors to both Enron and WorldCom)
were greatly affected by their leaders’ unethical actions.
What can we do to be sure our organizations follow ethical practices? Many organizations are asking their HR
departments to serve as the “conscience of the organization” and monitor behavior. Policies aren’t enough;
employees need to see others, at all levels of the organization, conduct themselves ethically. Managers need to
ensure that their organizational cultures demand ethical behavior.
Organization leaders should participate in determining what their ethics codes cover, then hold each manager
accountable for ensuring that those standards are met. Most important, managers must be models of ethical
behavior at all times.
Ethical issues for top management to grapple with include, but are not limited to:
• What information should be shared with employees?
• How much information should the employer share regarding a former employee who was fired or laid off?
• What impact should an employee’s personal life have on his or her potential for advancement?
• Should the organization make accommodations for a valued employee whose job performance is suffering because
of a personal situation?
• Should employees be responsible for reporting actions they think violate the organization’s ethics? If so, to what
extent or under what procedure?
Suggestions for codifying ethical behavior in an organization include having a written statement that is published and
posted around your workplace, then following that code of ethics; discussing your code of ethics in the orientation
process and then conducting mandatory, annual ethics training for everyone; informing employees how to report an
ethics violation and ensuring that those who report them are not subject to retaliation; setting up a confidential
hotline for reporting ethics violations; and encouraging continuing discussion of ethics in staff meetings.
Code of Ethics
Among the elements of workplace issues and behavior that a code of ethics might cover:
• applicable laws
• confidential or proprietary material
• conflicts of interest
• organizational assets or property
• acceptance of gifts, gratuities and entertainment
• privacy issues
• dealing with the media
• reporting ethics violations, including a non-retaliation statement.
Since the recent spate of ethics scandals, Congress passed the Sarbanes-Oxley Act of 2002 (SOX), which is having a
large impact on the policies and procedures for publicly held companies (see below).
21st Century Insights

It's the start of a New Era!
Published Date11/30/16 10:18 AM
There is clearly a shift taking place in the way that we organize our economy. With every
shift in the economic conditions that define our society there is a parallel opportunity to
redefine the relationships that shape that society.
The Canadian Union of Skilled Workers was formed in 1999 by a group of workers that came
together to build a union that would redefine the way that work would be organized in the
workplace while at the same time redefining the relationship between workers and the
broader community.
We believed that the workplace of the 21st century would have the potential to contribute
to building a civil and social environment where there is mutual respect amongst workers
and employers and a sincere desire to work together for the betterment of all.
To accomplish this we would need to promote a new kind of economy. A progressive

economy that respects the environment that we live in and the people who we live with.
We would also need to work with strong partners to build capacity in that economy and we
would need to develop a workforce with the skills to make the transition a success.
Today we can say that we are well on our way to realizing those goals. We are part of
building capacity in a sustainable economy where people matter. Through partnerships,
such as SmartNet Alliance and Alliance Learning, we are able to encourage like-minded
people to come together to build that society.
What does this mean for us?
Back in 1999 CUSW adopted the phrase Knowledge Worker to represent the concept of a
worker who understands the world around them. A worker who can adapt to the
changes that are taking place in their workplace. In this new economy not only will it be
up to workers to know what is taking place around them but it will also be up to them
to provide their creativity and input into shaping how work is carried out.
CUSW is well on our way to bringing these ideas to life. We have developed a Leadership
Academy to support both the Knowledge Worker and our employer partners. Through face-
to-face and on-line learning, members are able to access the information that they need, to
participate in the day-to-day affairs of CUSW and the workplace. Though Take the LEAD,
members learn how CUSW operates and the role that democratic participation has in
making it a success. The union is the members.
On the employer front we are already seeing a new style of employer emerging with a more
inclusive approach to the operation of the workforce. The layers of management that once
defined the industrial workplace are being replaced by a collaboration of skills and talents
that break down traditional job descriptions and defined roles. Employers and workers
are partners in success.
Utilizing the legal framework of a union allows Architects, Engineers, technicians and the
appropriate trade support workers to come together with a voice in the structure that these
workplaces will take on. Through democratic participation in the workplace we are able to
redefine these roles and set new standards for the way that work is done. At CUSW we
already have workplaces where this is taking place in response to the changing work
environment. All employees are members of the union and all members have voice.
The 21st Century Union is not restricted to members employed through a union management
agreement. Membership is open to anyone who shares the vision of coming together
to build a social society based on the principles of inclusion and respect. Small Business
owners such as Janet Stewart and Kris Stevens who have joined CUSW are a great
addition to the voice within the union. Although they have no collective bargaining
relationship with the union they are full participating members who bring a community
voice to the development of the union as we move forward.
These are exciting times. Being involved at the start of a New ERA is the thing that stories
are made of. You are part of that story.
A New Union for a New Tomorrow

Published Date11/10/16 3:35 PM
The Canadian Union of Skilled Workers was founded in 1999 to create a pathway for workers
and other Canadians to transition from the Industrial Economy that had formed the base of
our society for more than 200 years, to the “Information”, knowledge-based economy of the
21st Century. The founding members could visualize this transition and set out on a path to
realize that goal. Some in society would ask the question – Why bother?
Unions or “Trade Unions”, as some refer to them today, have had a major influence in the
development of both civil and social society throughout history. They have appeared in
many forms. The Guilds emerged as far back as the 1200’s in response to the need for civil
structures of governance and a desire to ensure skilled craftsmen, quality products and value
for their communities. The Knights of Labour rose quickly in the 1800’s in response to a
void around social justice and a lack of political solutions to resolve them, but just as quickly
disappeared as their member’s dissipated and the union disappeared.
By the 20th Century a myriad of organized responses sprouted up around the globe as
industrialization and the drive for profit intensified. Productivity stalled as workers rallied
against the brutal treatment by employers. Wars were fought over the oppression imposed
on the workforce and in some areas political movements were formed as the battle raged.
By 1919 the United Nations had formed the International Labor Organization in response to
the social justice violations that were rampant across the globe and by 1946 the UN were
holding regular meetings to set Labour standards that were recognized throughout the
world. Work was the driver and unions were the response.
Over time Industrial Society divided into three distinct categories – government, employers
and workers. The basis for the division is that these three groups have distinct interests and
that the interests could only be harmonized if one group or the other was subject to the will
of the other more dominant group or groups. The struggle over control came to define who
we were as a society.
The Canadian Union of Skilled Workers was created in response to this outlook of our
economic and political structure. As the “information economy” began to emerge it
became clear that there was an opportunity to redefine the relationship amongst the
interests. The founding members realized that a union based on a simple employer/worker
relationship that was regulated by the government would lead into the same divisions as in
the society that had come before them.
The model and the relationships amongst the three categories would need to change. There
was an opportunity to influence the future development of civil and social society and it was
decided to take the challenge. The timing was right and the ground fertile. The centralized
mass-production model was shifting to a system where local economic development was
prevalent. The workforce would no longer be centralized in one location and workers would
need to be able to transition to opportunities as they were created. Skills would need to be
flexible and portable.
The goal of the founding members was to build a union that would redefine the way that work
would be organized in the workplace while at the same time redefining the relationship
between workers and the broader community.
The CUSW Constitution was drafted to go beyond the traditional view that a Union is only
there to regulate the relationship between employees and employers through collective
bargaining. The door was opened for all citizens to join the Union even though they were not
part of a union-represented workplace. The Objects of the union outlined in the CUSW
Constitution reached far beyond the workplace and were written to include “all citizens of
our country”. CUSW members understood that to break down the divide in society created
by the Industrial Economy, there would need to be opportunities to build open discussion
across partisan lines.
The term “knowledge worker” formed part of the dialogue that launched the shift in the way
that workers would participate in future discussions. The idea that worker-voice was
expressed through the Institutions that they belonged to was replaced with member-voice
and participation. The members of the Canadian Union of Skilled Workers are embracing
this change and are moving forward to redefine the ways that workers can participate in the
society.
Today there is clearly a shift taking place in the way that we organize our economy. With
every shift in the economic conditions that define a society there is a parallel opportunity to
redefine the relationships that shape that society.
CUSW members believe that the workplace of the 21st century has the potential to contribute
to building a civil and social environment where there is mutual respect amongst workers
and employers and a sincere desire to work together for the betterment of all.
To accomplish this we are promoting a new kind of economy. A progressive economy that
respects the environment that we live in and the people who we live with. We need to work
with strong partners to build capacity in that economy and we need to develop a workforce
with the skills to make the transition a success.
Today we can say that we are well on our way to realizing those goals. We are part of
building capacity in a sustainable economy where people matter. Through partnerships we
are able to encourage like-minded people to come together to build that society.
In 1999 CUSW adopted the phrase Knowledge Worker to represent the concept of a worker
who understands the world around them. A worker who can adapt to the changes that are
taking place in their workplace and in broader society. In this new economy not only will it
be up to workers to know what is taking place around them but it will also be up to them to
provide their creativity and input into shaping how work is carried out.
CUSW is well on our way to bringing these ideas to life. We have developed a Leadership
Academy to support the Knowledge Worker and our employer partners. Through face-to-
face and online learning, members are able to access the information that they need to
participate in the day-to-day affairs of the union and the workplace. Through the Take the
LEAD program, members learn how the union operates and the role that democratic
participation has in making it a success. The union is the members.
On the employer front we are already seeing a new style of employer emerging with a more
inclusive approach to the operation of the workforce. The layers of management that once
defined the industrial workplace are being replaced by a collaboration of skills and talents
that break down traditional job descriptions and defined roles. Employers and workers are
partners in success.
Utilizing the legal framework of a union allows architects, engineers, technicians and
appropriate trade support workers to come together with a voice in the structure that these
workplaces will take on. Through democratic participation in the workplace we are able to
redefine these roles and set new standards for the way that work is done. At CUSW we
already have workplaces where this is taking place in response to the changing work
environment. All employees are members of the union and all members have voice.
The 21st Century Union is not restricted to members employed through a union/management
labour agreement. Membership is open to anyone who shares the vision of coming together
to build a social society based on the principles of inclusion and respect. Small Business
owners who have joined CUSW provide a great addition to the voice within the union.
Although they have no collective-bargaining relationship with the union, they are full,
participating members who bring a community voice to the development of the union as we
move forward.
These are exciting times. Being involved in building a “New Tomorrow” at the start of a
“New ERA” is the thing that stories are made of.
Bringing the 21st Century Workplace to Life - Pt. 2

The Canadian Union of Skilled Workers was formed to provide a pathway for workers to move
from the 20th Century workplace to the 21st Century workplace. When we set out on the
path to build CUSW we did so with a clear understanding that we would need to change our
thinking about the role of the worker in the modern workplace. There would need to be a
transformation from reactive to proactive in the way that we approach our role at work. The
members of CUSW would need to have a clear understanding of our goals and they would
need to be a part of the transition. Managing the changing environment around us would be
essential.
This concept is captured in the banner of Working Today – Building for Tomorrow that
was added to the cover on the CUSW Constitution after our 2 nd Convention. We understood
that the changes in the way that work was organized and managed would emerge in different
workplaces at different times. Members would experience life in the workplace very
differently depending on what type of management style was in place. Having this message
displayed up front on the Constitution would remind members that change was underway and
that we would need to lead that change. But first we would need to be able to recognize the
world around us.
At the beginning of the 20th Century, Management was trying to understand the drivers that
would increase productivity and increase profit. They saw the workforce as a barrier to
success. The idea of Human Resource Management (HRM) emerged as a means of
coordinating the introduction of management systems that would produce these results.
One of these systems was introduced by Frederick Taylor. “Taylorism” or Scientific
Management as it came to be known, is a production efficiency methodology that breaks
every action, job or task into small and simple segments which can be easily analyzed and
controlled. This method of managing the workplace gave production managers a
dangerously high level of uncontrolled power and the demands of work intensified. Workers
became dissatisfied, resentful and hostile towards the work environment and became angry.
Scientific management lowered worker morale and increased existing conflict. The role of
unions in this environment was focused on offsetting the power of the manager. Although
these ideas continue to exist in some workplaces even today, de-skilling the workforce and
intensifying work have proved to be less helpful than Taylor suggested.
By 1970 there had already been a shift in management techniques in many workplaces.
Programs such as Total Quality Management, Continuous Improvement, Kaizen and LEAN
Production that had focused on trying to increase production opened the possibility for
looking at new ways of managing. These ideas revolutionized the mental model for
managers by suggesting that they replace thinking about how to get people to do
things with thinking about how to help people do things. (Robert Greenleaf 1970)
This shift was the first step in moving towards the 21st Century worker model that CUSW is
built around. By the turn of the century, managers of all stripes began to realize that when
“knowledge workers” were given the opportunity to contribute their ideas to the work at
hand, innovation and productivity increased. The negative effects of scientific management
were eliminated as workers engaged with their work and realized satisfaction in the
success.
At the start of the 21st century a whole new wave of HRM (Human Relations Management)
studies focused on the role of the “manager” and the “workers” within a new model based
on helping people do things and not on making people do things. The concept of the
“production” manager has not yet disappeared, however it is generally projected that the
purpose of the manager will change.
Looking at a number of these studies undertaken by the HRM community found that the
following points rate to be the most important ideas regarding the role of management going
forward.
o Management is for everyone. As educational levels rise and information technology

accelerates, the distinction between "managers" and "workers" will fade away and
management knowledge will be everyone's responsibility.
o Management is for learners. As information becomes the chief product of every business
and as knowledge continues to explode, everyone will be a learner and the manager's
foremost task will to promote learning.
o Management is based on communicating. As techniques for planning, strategizing,
decision-making, and problem solving become the common province of everyone in the
organization, the need for improving communication will be paramount and managers will
be increasingly using dialogue and other communication tools.
o Management is about change. As technology and information reshape all our lives,
change management will be "business as usual" and managers will be change agents who
guide everyone to find and embrace the best new practices.
o Management is broad based. As boundaries disappear within organizations and in the
world at large, the scope of management will grow and managers will be organizational
development experts, diversity experts, facilitation experts, consultation experts – and
much more.
These management studies all show an increased role for the worker in the workplace.
CUSW was built to respond to this new and emerging workplace. The CUSW Convention in
April 2015 amended the representation model for the workers to align with the workplace of
the future. CUSW members will have a greater role in the workplace and there will be no
room for the outside Third Party Unions of the 20th Century.
Like the managers of the future, the Stewards and H&S representatives will also
become organizational development experts, diversity experts, facilitation experts,
consultation experts – and much more.
We are positioned to take on our role, now we need to give our members the tools to be
successful.
– Joe Mulhall
Bringing the 21st Century Workplace to Life

The popularity of Unions as an Institution has fallen dramatically in the past 30 years.
Workers as well as employers have rejected the concept of working together through a
Union. This is proven out by the decline in union density across North America. The reasons
for this rejection have been well documented in the history since the 1950’s. Workers reject
Unions because they do not see themselves reflected in the operation of these Institutions.
There is a common cry of “what does the Union do for me” or “they take our money but they
do nothing for us”. Employers reject Unions because they interfere in “management’s right to
manage” and in their view Unions negatively affect the bottom line of the business. On the
one side the workers do not see the value of participating in the union and on the other side,
the employer is discouraging that participation. The result is that profits are rising and the
gap between the rich and the poor is widening. Workers are being left out of the benefits of
the economy both at work and in the marketplace.
It is from this start point that we begin to build the 21st Century workplace. As workers,
we have come to understand that life at work does not need to be defined as an “us and
them” relationship. The concept of the 21st Century Worker has been created to provide a
new paradigm from which we can move forward. In the 19th and 20th Centuries workers had
to struggle to get recognition for the right to bargain with employers over the distribution of
wealth. In Canada we have won that struggle. We have the right to bargain collectively
solidly enshrined in the Charter of Rights and Freedoms and endorsed by the highest court in
our land.
In the 21st Century the struggle will be to have our Right to participate in the workplace
recognized. Rights that are granted by Laws, even Supreme Court of Canada Laws, are only
words and concepts unless given life through action. It has been broadly recognized at the
Policy level, both political and academic, that workers’ involvement in the workplace will
provide a sense of Worth, of Freedom and of Participation that directly contribute to harmony
and greater economic success in the workplace. Industrial Democracy improves safety,
increases productivity and enhances the quality of life at work.
It is not surprising that there is resistance to these ideas from the mainstream of business.
For all of the reasons described in the research undertaken by the University of California (G.
William Domhoff, 2012 and 2013) business owners have not yet recognized that workers, as
citizens, have the right to enjoy the same privileges at work as they do when participating in
a democratic government. Resistance of this type is not new. History shows that for
decades employers vehemently opposed the “right to bargain collectively” about wages and
benefits. History also shows that workers successfully overcame that resistance by working
together both in the workplace and in the broader community.
CUSW has been built for the opportunity of building a new approach to the workplace. The
Constitution of CUSW provides for member participation both in the internal operation of the
union and in the workplace. We have aligned our structure with a clear understanding that
we as members have a role in the workplace. We are well positioned to realize the value of
Industrial democracy. As members we have set a standard of values and beliefs that
directly impact on our actions every day both at work and in the community. We have
included our stakeholders as a part of the fabric of our union. The employers are not the
enemy. They are one of our partners.
CUSW members did not build our structure in isolation from the Law or the intent of the
Labour Legislation. The Charter of Rights and Freedoms and the Supreme Court of Canada
decision on the rights of unions to participate in the workplace provides the framework that
opens the door to our members taking a leadership role in making this opportunity a reality.
We are very well positioned to move forward to implement the rest of the rights provided by
Canadian Labour laws.
We cannot leave this discussion without a comment on the current state of our membership.
The struggle for recognition of worker rights has pitted employer against worker for almost
100 years. It is not easy to simply turn that page. The challenge for CUSW as a group will be
in building an environment in which we the workers will realize that contributing to the
success of the company, is contributing to our own success.
As a group of members coming together to create a better future for our members and their
families we have set a clear vision for the future of work. The path is clear. Through
education, skills and an understanding of the world around us we can make the transition to
the 21st century workplace.
– Joe Mulhall
Harmony of Interests - Bridging the Divide

Unions in the 21st Century have to look back to the 20th Century to design the way forward
for workers as we move into a Modern Era of economic restructuring and possibility. The
collapse of the Union movement in the United States (private sector union density is now
below 6% of the workforce) has left workers on the outside as the wealth created by the
economy flows steadily to the very wealthy. We need to tap into the 21st Century
information technology that provides us with access to the information that can provide
guidance to these discussions.
In the 20th Century model of Industrial Relations there was a presumption that
workers/employees, employers and government all had common cause and that a social
contract amongst them would ensure that everyone could benefit from the success of
business. This concept was based on the assumption that it was better to work together
than it was to wage war in the workplace. The violence in the last part of the 19th century
resulted in massive strikes, employer owned private police forces and governments being
forced to take sides. Workers and Citizens were defined as different groups with different
interests. By the late 1890’s the cost of the violence was impacting on the society as a
whole and governments began to look for ways to create stability. Research undertaken by
the University of California (2012 and 2013) shows that by 1913, John D. Rockefeller Jr.
engaged employers and worker groups in discussions around “Harmony of Interests” and the
value of human relations. MacKenzie King, who later became the Prime Minister of Canada,
worked with Rockefeller for 12 years as a Labour Relations expert developing a path
forward. They concluded that the solution to workplace conflict was to include the elected
representatives of the employees in discussions with management in the workplace, on
company time. That was in 1913. More than 100 years later we are still having the same
discussions.
The social contract approach failed because it did not address the root of the divide
amongst the economic partners. To build a path forward in the 21st Century, it is important
to understand the drivers that divide the interests of workers and the interests of employers
in the workplace. In his Article “Rise and Fall of Labor Unions in the US” G. William
Domhoff describes the factors that impacted on the success of the “Harmony of
Interest” approach suggested by MacKenzie King and later expressed in the Wagner Act.
Dumhoff summarizes this discussion as follows:
“ ….why do workers want unions in the first place, and why do business owners resist them
so mightily? Workers originally want unions primarily for defensive purposes -- to protect
against what they see as arbitrary decisions, such as sudden wage cuts, lay-offs, or firings.
They also want a way to force management to change what they see as dangerous working
conditions or overly long hours. More generally, they want more certainty, which eventually
means a contract that lasts for a specified period of time. In the United States, as we will
see, the early trade unionists also wanted the same kind of rights at work that they already
had as independent citizens.”
“Business owners, on the other hand, don't like unions for a variety of reasons. If they are
going to compete successfully in an economy that can go boom or bust, then they need a
great deal of flexibility in cutting wages, hiring and firing, and adding extra hours of work or
trimming back work hours when need be. In fact, wages and salaries are a very big part of
their overall costs, maybe as much as 80% in many industries in the past, and still above 50%
in most industries today, although there is variation. And even when business is good, small
wage cuts, or holding the line on wages, can lead to higher profits. More generally, business
owners are used to being in charge, and they don't want to be hassled by people they have
come to think of as mere employees, not as breadwinners for their families or citizens of the
same city and country.”
Outside of the workplace…. “All this soon leads to more general disagreements over the rate
and progressivity of taxation, the usefulness of labor unions, and the degree to which
business should be regulated by government. Employees want businesses to pay higher
taxes to government, and they often want government to regulate businesses in ways that
help employees. Most businesses reject these policy objectives -- they are for low taxes on
businesses, minimum regulation of their businesses, and no government help for unions.”
All of this sounds so familiar. Elected Governments are under pressure from business on the
one side to favour their agenda and from Unions on the other side to favour their agenda. As
political elections go (Margaret Thatcher in Great Britain, Ronald Regan in the US, and
Steven Harper in Canada) so also go the fate of the workplace parties. The concept
of “Harmony of Interest” has failed because there is no agreement on the rights of workers
to participate in discussions about the impacts of the economic system on business and the
workplace. In Canada the Canadian Charter of Rights and Freedoms has set the legal
framework that is needed to encourage workers and employers to come together.
In BC Health Services (Supreme Court June 2007) the Supreme Court of Canada supported
the approach that workers and employers need to address these issues directly and not
defer to political solutions. Workers have the right to bargain collectively and to participate
in the workplace in the same way that they do as Citizens outside of the workplace.
Canadian workers have the right to have a voice in the operations at the workplace.
The 21st Century Union must take up this opportunity and move forward to work with
employers to find solutions that benefit business, workers and Society as a whole. We need
to understand the issues that divide us and we need to address them directly. The Era of
Class Conflict was very divisive and we need to leave it far behind us. Workers need to
accept responsibility for creating the conditions in the workplace that result in the outcomes
they need and Business Owners need to move past their EGO and fear that workers will not
share their interests.
CUSW has built a framework to engage in this discussion. We are positioned to take up the
challenge. We need to seek out employers that share the “Harmony of Interest” approach
to success and want to work with us in building a better future both in the workplace and in
the broader society as a whole.
– Joe Mulhall
Continuing the Journey - Building the Path

The Canadian Union of Skilled Workers was founded in 1999 for the purpose of protecting the
rights of the members that were being impacted by the changes in the Economy including the
structure of the Energy and Information Technology Sectors and more specifically the
changes that were impacting our workplaces.
The nature of the founding “bargaining units” of CUSW defined a start point for the new union
that was set in the context of a business union model. The American style union that we
displaced had regressed to the role of a business supplying people to employers in
exchange for employment opportunities and the funds to pay for the operation of the
employment agency. This model of business unionism had failed in the US and workers had
lost confidence in the concept of “unions” as a means to provide a voice in the future of their
workplace.
CUSW was designed as an alternative to a failing union model that was moving very quickly
into the Canadian environment.
That was 1999. It is important at this point to note that this trend has continued.
An article on the decline of unions in January 2013 noted: “Last week came news that the
share of America’s workforce that’s unionized hit a 97-year low. A mere 11.3% of workers
now belong to a union, and a great chunk of those are in the shrinking public sector. In the
private sector, unionization fell to an abysmal 6.6%, down from a peak of 35% during the
1950s.” (Time: January 2013). The article went on to report that this decline has resulted in
a state where “Inequality and wealth concentration are at levels not seen since just before
the Great Depression. There had to be another way and we had set out to find it.
The challenge for the members of CUSW in dealing with this shift to a non-union environment
was to understand the changes taking place in their environment and then to find ways to
take control of the change. CUSW members are not the only 21st Century workers looking
for an alternative solution. The Times article went on to observe: “it’s significant
that innovative forms of worker organizing are now emerging that bypass traditional union
structures altogether.” This is no surprise to those that have been involved in CUSW since
the beginning. Workers will not support an organization that is focused on the survival of the
institution and not on how the members can participate.
There is much literature on the purpose of unions and the structure that has been put in
place to ensure that members can participate in the workplace. The Wagner Act in the US
and the sister labour legislation that emerged to provide similar rights for workers in Canada
clearly provide the legal framework for worker voice in the workplace. The difficulty is that
Legal rights do not translate into action unless the workers join unions. Workers do not
want to belong to unions unless they see themselves represented in the union. In the
absence of member support for unions the legally recognized rights that we have won lay
barren. As members retreat from unions the rights they might otherwise have are left
dormant. There is no one to blame for the inequity we see in our society other than to look
at ourselves as the workers.
Because of the “business” mentality associated with Unions there is a tendency for
members to look at unions as third party service providers. To undermine the Union,
employers simply need to convince their employees that the union is not providing any
positive benefit to them. Once members start to say “we do not need the union, the employer
will look after us” we have defeated ourselves. To be successful as workers we need to
take this power out of the hands of the employers. Only when members understand that
their interests are served by working together with employers as a recognized body of
workers with a voice, will we be able to see ourselves as having any say in the future of
work.
To get to this place requires the members to be engaged in CUSW. We need to see ourselves
in the very fabric of the organization. It requires us to look beyond short term gain and self-
gratification. It requires us to look beyond both the personal and the institutional “status
quo”. We can build a union that responds to our needs and we know how to do it.
According to Regina Bailey (Biology Expert) the Lymbic system of the human brain controls
our unconscious emotions and motivations related to survival. By connecting ideas to
outcomes our unconscious mind will find solutions that lead to positive feelings that
stimulate innovation. Through engagement we also activate our passion, creativity and
initiative. Participation in CUSW provides the mental connectors that allow our brain to see
opportunities and a way forward. Overcoming “status quo bias” requires the conscious
mind and only you can turn your mind to that.
– Joe Mulhall
Membership and the Relationship to Work

The Canadian Union of Skilled Workers was founded as a “trade union” in 1999 to provide a
legal entity that could house the bargaining rights that were displaced when the membership
voted to move away from the IBEW. The “bargaining unit” that started our CUSW journey
was made up of a group of workers employed as “casuals” at Ontario Hydro construction.
This Ontario Hydro bargaining unit had been established between 1953 and 1957 for the
purpose of providing a Province wide casual workforce that could be expanded and
contracted as needed to respond to the construction program at Ontario Hydro. It was from
this start point that we began the journey towards becoming a 21 st Century Union.
Construction Unions in North America had a long history of providing casual employees to
companies and contractors. Over the decades most established some form of Hiring
Hall arrangement with a body of contractors, managed their own benefit plans and retirement
programs, provided supplemental training where needed and looked after the general welfare
of the workers that were members of their union. This model would prove to be very
adaptable to the changes that were coming in the world of work.
At the same time we were forming CUSW, the mainstream was writing about the Future of
Work. Futurists such as Jeremy Rifkin were talking about the technology revolution and the
need for a very different kind of labour force. Robert Reich, who went on to be the Secretary
of Labor under the Bill Clinton Presidency, had already written a book in which he also took a
futurist view. “We are living through a transformation that will rearrange the politics and
economics of the coming century....Each nation's primary assets will be its citizen's skills
and insights.” (Robert Reich, The Work of Nations, 1991).
By 1998 the Conference Board of Canada had weighed into the discussion. Contingent Work:
Trends, Issues and Challenges for Labour. They predicted that 25 to 35 percent of all work
in Canada would be performed by contingent workers by the early 21 st Century. The paper
defined Contingent work as 1) supplemental workers, 2) temporary workers and 3)
contractors. US Legal .com defined Contingent workers to include those who are hired
through staffing firms, who are independent contractors, who work less than full-time, or
whose jobs are structured to last only a limited length of time. In addition to the shift in the
way work would be organized, the writers identified that learning and empowerment would
be central to the goals of productivity, innovation and competitiveness. To meet this
challenge, societies will need to create a skilled, quality, adaptable workforce.
Building on the concepts of the old construction framework and using the insights of those
that could visualize the future of work in the New Economy we have been able to move
forward on our journey. CUSW is now able to provide hiring and referral for supplemental
workers through staffing agencies; temporary workers through arrangements such as the
Chestnut Park Accord; contract workers through collective agreements and other
employment contracts where the need arises. We can now represent all workers in our
bargaining units and not just trades. We can represent workers in full time, part time, and
contingent worker relationships. CUSW can now provide health benefits, retirement benefits
and other supports for members and their families in all industries, in all Provinces and
Territories across Canada and beyond. We have built on what we knew in 1999. CUSW has
become a union of workers that together can respond to the opportunities of the
21st Century.
Many of the traditional construction unions have evolved into employment agencies that try
to control the work opportunities through monopoly union and monopoly employer
relationships. Members of these unions are not committed to building the Union of the
future. When employment dries up in one union the members become freelance workers and
move to other unions that have work through their monopoly employers. Some of these folks
find their way to CUSW because we have the closed shop rights to work at OPGI, Hydro One
and Bruce Power. These members will come and they will leave again. While they are here
they probably will not participate. Those members that can grasp the vision of Robert
Reich will stay. In the 21st Century, workers will be the primary asset for the employers
and not the closed shop monopolies of the 20th Century. The “skills and insights” that our
members are building will attract the businesses that want to thrive in the new economy. The
Employers will come to us looking to partner for success. When they get here we need to be
ready.
– Joe Mulhall
Setting the Stage for the 20-20 Worker

When CUSW was established in 1999 a group of 20 members from across the Union were
asked by the National Executive Board to come together in Hamilton Ontario and build a Plan
that would support the development of the Knowledge Worker concept. With the assistance
of a Facilitator, the group charted the steps forward that would set the stage for the future of
Education and Training within our Union.
The first step in heading down the path was to set up a Training Trust Fund. The first
Trust Agreement was officially signed in January 2001 between the Canadian Union of Skilled
Workers and the Training Trustees appointed through the CUSW Constitution. The Trust
Document provided the legal framework for the Union to receive contributions from
employers, governments or government agencies for education and training purposes as the
Trustees may from time to time approve. To coordinate the delivery of the education and
training areas identified by the group in Hamilton the NEB also appointed the National
Training and Education Committee.
The next stage was to roll out the vision of a skilled workforce that 21st Century Employers
would want to engage with in building the future for their companies. We clearly understood
that the 20th Century scientific management systems where management created the work
methods and workers carried out the work under the direction of management could not
survive in the New Economy. The future for CUSW members would be dependent on the skills
that they could bring to the workplace and not on their ability to take direction. Workers
would need to be innovators and not just as a part of the mass production model.
Implementing our vision would prove to be a challenge. Most of the companies that we had
long-term collective bargaining relationships with were 20th Century style employers that
had little or no interest in changing their approach to worker involvement. We also found
that many of the workers at these companies had accepted the managed workplace style
and resisted the change as well. It soon became clear that to participate in the new
economy we would need to seek out Employers to work with that were not shackled by old
thinking. We also realized the need to provide the members with the tools to make the
transition.
The CUSW Constitution and the Training Trust Agreement provide the forum for the NEB, the
Trustees and the NTEC to all come together to design, fund and build the Education and
Training Programme that we as members will need to participate as 20-20 workers. “Take
the LEAD” was designed back in 2007 to support members in designing an individual action
plan to build the skills that will help them participate in CUSW and in the workplace. In 2013
the NEB added the term CUSW Leadership Academy to the tool box of assets that we have
built over the past 13 years. The concept of the Leadership Academy provides each member
with a profile of education options to tap into that will contribute to their personal
development. Identifying and delivering skills training is more elusive and required a
different approach.
When the Training Trust Agreement was drafted it was understood that Employers in the 21st
Century would have very different business interests and that the skill sets needed to
respond to the new opportunities would vary from employer to employer. The identification
of the skill sets that our members will need to work in these industries must include the
employers that are relying on us to make them a success. The concept of developing
bargaining unit level Education and Training Participation Agreements was included in the
original Trust document and is only now getting implemented.
The Participation Agreements provide the members of each bargaining unit with the
opportunity to sit down with their Employers and design an Education and Training Plan that
will respond to their individual needs as they innovate and expand their business. These
workplace level skill requirements become part of the Education and Training Programme.
All members of the Union are then able to see industry trends as they are unfolding and
access the training that they will need to work in their chosen industry.
When we set out to build CUSW we set out to build a 21st Century Union. Through Education
and Training we can participate in the decision making that will ensure that we are included
in the operation of the workplace. That first meeting in Hamilton back in 1999 served us
well in setting a vision of worker autonomy and charting the course to becoming a 21st
Century Union. It is up to all of us to take it from here.
– Joe Mulhall
The 20-20 Knowledge Worker
Participation requires Knowledge ...

Knowledge requires Personal Participation
When CUSW was formed back in 1999 we coined the phrase “Knowledge Worker” to describe
the members that would be part of this Union. This term was appropriate for the direction
that we wanted our new Union to head towards. We understood from the very beginning that
only through education and training would workers be able to participate in the 21st Century
economy. Building a Union founded in participation was the key.
The idea that participation is only possible with education and knowledge is not a new
concept. Since the time of the Enlightenment philosophers such as John Locke, Jean-
Jacques Rousseau and more recently Leo Tolstoy all realized that without education there
could be no freedom. These ideas lead us to connect education with the very basic
principles of the democratic processes that today have become synonymous with freedom at
the level of civil society. On this very point Thomas Jefferson, the Third President of the
United States, wrote: “if a nation expects to be ignorant and free it expects what never was
and never will be.” The connection between education and democracy is the very root of the
development of the public education systems that exist in most democratic countries today.
The connection between education and democracy in the workplace is a founding principle of
CUSW.
The approach of combining education with personal experience to create knowledge is also
not a new thought. In the book “Emile” written in 1762, Rousseau made this very point. He
said: “we should not substitute books for personal experience because this does not teach us
to reason; it teaches us to use other people’s reasoning; it teaches us to believe a great
deal but never to know anything”. The concept of the Knowledge Worker is all about the
knowing.
These very basic ideas escaped us in the workplace of the 20th Century. Workers were told
what to know and not provided with the opportunity to build their own knowledge.
Industrial democracy had no place in the mainstream workplaces and union education was
limited to arming the workforce to defend against the oppressive employers.
In building the Participation model within CUSW we looked for guidance from both the written
word and our personal experience to build a Constitution and structure that would ensure
that members would have the ability to be free to build the organization that they want.
Reason, education, democracy, knowledge and personal experiences all contribute to the
participation model that guides the direction of our Union at work and in our
communities.
In more modern times, authors such as Nel Noddings (2012) look at public education in the
21st Century “as a multi-aim enterprise in which schools must address needs in all three
domains of life: home and family, occupational, and civic.” At CUSW we extend this same
logic beyond schools to a life-long learning approach that sets the stage for building the
future in the place where we work, the quality of the life we share with our families, and the
civil and social society that surrounds us.
These three domains are not separate and the structure of our Constitution recognizes that
they are linked. CUSW members in the workplace are the same members that make up the
Unit membership and the National Committees and the same people that contribute to the
communities in which we live. Understanding this link is critical to seeing how you can
participate in all aspects of your life through your participation in CUSW.
Many of the employers that operated their business in the 20th Century Industrial Complex
still do not see a role for the workers in the development of the modern workplace or the
society in which we live. Workers in that model became a commodity just like any other
resource that contributes to the production of the goods and services provided by these
companies. Workers were not asked to contribute their knowledge to the workplace and we
didn’t.
CUSW provides a structure that allows us as members to make the case that with an
understanding of the world around us and the necessary skills and knowledge to affect how
the next phase of work will unfold, that we can contribute and that we intend to do just
that. Through partnerships with our employers and groups such as the Ontario Sustainable
Energy Association we can work with companies to define the needs of industry going
forward while at the same time ensuring that our interests are included as part of the
solutions.
In 2012 we coined the phrase 20-20 Worker to describe a worker that is informed and that
has a clear vision of the world around them. To be successful in creating the future we
want for ourselves and our families we need every member to be this 20-20 Worker. With the
help of the National Training and Education Committee and our many partners, such as MCI,
we can develop and deliver the education, training and knowledge to make this vision come
to life.
– Joe Mulhall
Conflict and contradictions

CUSW was founded in 1999 with the vision of creating a new model of union that workers
could rally around as we make our way to the New Economy. CUSW represents a New
Beginning. It is too simplistic to suggest that this new beginning could take place simply by
holding a Convention and implementing a new framework. It is true that without having a
Constitution in place that supports the new direction that there would be no vision to aim for.
However it is not the framework that will drive the organizational changes that will make us
a 21st Century Union. It is the members. There is no place that this is true more than in the
workplace.
For the past century, labour management relations have been built on the idea that the
workforce and the employers have competing interests and that the workplace is the
battleground where these differences are played out – Management Rights versus Workers’
Rights. This battleground was not just a perception, it was a reality. The primary goal of
the enterprise was to maximize profits and maintain as much of the profit as possible. The
division of the profits was the end game of the workplace parties on both sides. The
attitudes of the workplace parties were molded by this approach of dividing the scarce
resources.
Still today we see this influence in the workplaces of many of our employers. The employers
feel vulnerable to the pressures of the workforce and build management structures to defend
against the potential of an assault on their power. The workers feel that they have no voice
and that they are not receiving their share of the spoils of the profits earned through the
exploitation of their Human capital. The workers are constantly looking for ways to extract
either more financial benefits or more non-productive paid leisure time. It is in the context of
this environment that we ask our workplace representatives to take on the role of
implementing the goals of CUSW.
When we structured CUSW we were not naive or ignorant of these challenges as we moved to
introduce our model of unionism. We knew that members that were raised and groomed in
the old industry would not change their attitudes overnight. We expected pushback from
some of the members as we introduced cooperation and supported value-added approaches
to the way that work was organized. We knew that there would be demands by the workers
on our workplace representatives to maintain a stance against the employers. We knew that
there would be pressures to maintain the status quo. All of this has come true. Some
members see a union that does not fight with the employer, as weak and not doing its job.
Some representatives don’t know any other way.
Employers that are still operating in the old industrial model do not want us involved in their
workplace. Working together is seen as letting the fox into the henhouse, and promoting the
fight advances their agenda. They undermine our workplace representatives with their
“management rights” style. They believe that if they can keep us in the fight they can
continue to call us the enemy and justify not engaging us in the operation of the
workplace. These employers still believe that Unions are a 20th Century Institution that
has long passed having any purpose in our society. They completely miss the value of the
union as the structure that provides for the members’ voices coming together to contribute to
the success of the workplace.
With all of these pressures on the day-to-day life in the workplace it is imperative that our
members understand that we are united in moving past the barriers and into the future. We
have agreed on a new union model. We have clearly defined the roles and have a set of
values and beliefs to guide us. The members that step up to take the role as the workplace
representative do so in the name of CUSW. They need to know that they are speaking for all
of us when they head off to implement our Constitution and the negotiated collective
agreement. They need the assurance that the membership is functioning in unity as we
work towards a common goal.
– Joe Mulhall
Managing Thought Change in the 21st Century

The Canadian Union of Skilled Workers is by definition a Union. In 20th Century North
America a Union would have been defined as: An organization of workers formed to promote
collective bargaining with employers over wages, hours, fringe benefits, job security, and
working conditions.
Cohesion amongst Union members was defined as Unity or Solidarity. Connections

between workers were directly related to the work that they performed. Unions defined
themselves as Steelworkers or Auto Workers or Electrical Workers. Cohesion within the
membership was connected to the common interests of workers that shared a workplace
experience with each other. The purpose of the Union was to counterbalance the Power
of the Employer. Unions challenged Employers and the better they were at doing this, the
more members rallied around them. The concept of the "big dog" was a defining role of
these 20th Century Institutions.
All of this changed with Globalization, technology change and the flight of Capital. By the
1980's we began to be impacted by Free Trade Agreements. Employers and the money that
supported them began the migration to low cost alternatives. The era of Labour Relations
strategies of Fight, Flight or Foster arrived in the workplace.
Cohesion within Union membership began to erode as workers realized that the concept of
the "big dog" was no longer effective. Many questioned the very need to have Unions. If the
Employers could avoid the Power of the Union then why have them at all? Throughout North
America workers abandoned Traditional Unions.
This shift in thinking opened the opportunity for a broader discussion. In his famous Best
Seller book "What Do Unions Do", Richard Freeman (Harvard University) made a compelling
argument that Unions are much more than Institutions that fight with employers.
Through extensive research, Freeman was able to show that Unions play a beneficial role in
improving the workplace, increasing productivity, reducing economic inequality and
stabilizing the work force. Through this research Freeman showed that Unions have a far
greater purpose than even most Unions realized.
Building on this thinking CUSW has been able to build a Union that responds to the needs of
members in the 21st Century. A more modern definition of Union has emerged: A group of
workers joined together in a specific type of organization for the purpose of improving their
working conditions as well as to help in promoting the common interests of the group. The
CUSW Constitution looks far beyond the workplace. This shift in thinking has provided the
opportunity to build a role for workers to participate both in the workplace and in the
community as we move forward into the 21st Century.
The shift to the 21st Century Union brings with it opportunity and with all opportunity comes
challenge. As a group we are struggling to define Cohesion. We can no longer define
Cohesion through the lens of a common front in the fight against employers. We can no
longer define Cohesion around the type of work we do. Instead we look to define Cohesion
around the needs of the Members and our families. We design our own Benefit Plans. We
design our own Retirement Plans. We have implemented programs that let members choose
how they want to participate in the operation of the Union and to work in the type of
workplace that suits their interests and skills.
Although opportunities abound in this new reality there is a risk that Interests will consume
the minds of the workers. This thinking could undermine Cohesion within CUSW. Cohesion
can be more specifically defined as the tendency for a group to be in unity while working
towards a goal.
We are in a time of transition in the Economy, in the way that work is organized and in the
way that we manage our relationships with the world of work.
We are also in transition in the way that we define cohesion within the group. To be
successful in reaching our goal of becoming a 21st Century Union we must have a clear
vision and understanding of Cohesion.
Our members are very creative and innovative in our approaches to Building for Tomorrow.
As we move towards this goal we will need to find unity within our group and move forward
with that sense of cohesion.
We know who we are, we know where we want to get to and if we work together as a group
there is no limit to what we can achieve.
– Joe Mulhall
Democratization – Democracy and Participation

The 21st Century in Canada brings with it a new era in the way that people interact with each
other and with the world around them. This phenomenon is seen in all aspects of our lives.
The Internet is a good example. Before the Internet there was very little easily accessible
access to information. Today we have E-Health, on-line encyclopedia such as Wikipedia and
access to the News and Weather with the touch of a few keystrokes. We no longer need to
rely on visits to the Doctor or the voice of a Professor to get the information we need to make
good decisions about the world around us. Life has changed. We can consume information
in a way and at a speed that could not have been imagined only 100 years ago.
This access to information has changed the way that we live. Smart phones are
everywhere. People do their banking, watch movies, play games and even do their shopping
on line. The interface and reliance that we had on experts has been dramatically
reduced. As the methods of living our lives changes so does the dynamic between people.
People by definition are social beings. We have a natural urge to interact with the
community around us. As our exposure and reliance on professionals and other experts has
declined, our use of Internet tools such as Facebook and Twitter have grown in leaps and
bounds. Instead of getting the opinion of one Expert face to face, we can now connect with
thousands instantaneously. Groups such as LinkedIn allow people of like mind to meet and
exchange ideas online. Innovation Hubs where people come together are everywhere.
Crowd sourcing for development of new products is recognized as a legitimate method of
engaging people to invest. We are turning information into knowledge by doing what comes
naturally - connecting with each other!!
People in the broader community have learned to participate in the New Economy in ways
that improve their control over the choices that they make and the outcomes that they
experience. CUSW was formed for the purpose of providing an alternative 21st Century
Union for workers. We understood that the need to come together in the workplace to
bargain collectively with employers had not changed, but that the methods for doing so
needed to.
The CUSW Constitution embraces democratization of the Union through Participation as the
key to changing the dynamics in the modern Union. When we introduce Participation we
ask members who have traditionally functioned in follower roles to adopt participatory
roles. Appointed Stewards that reported to the Union hierarchy now become elected
Stewards that collaborate with other Stewards and members when seeking resolution to
issues. Elected representatives at all levels of the Union become, to one degree or another,
partners or coaches or facilitators.
The results of such a transformation leads to the development of more dynamic

communication networks and a shared sense of the "big picture" by members of the
organization. According to the research, an essential element of organizationally
sponsored programs of Participation (CUSW Constitution) is a change in organizational
member roles and corresponding changes in patterns of communication. Instead of looking
to the Head of the Union for answers and direction, we look to each other. Role changes
set the basis for a wide variety of other changes in micro processes that are associated with
the move from a traditional to a participatory organization.
In making the transition to a Participatory Union we embrace the concept that, first and
foremost, each of us has a role as a Member. All of the other roles within the Union, at the
Workplace or in the Community are an extension of the role of Member. Each Member
takes ownership of their role and adopts the perspective of an owner. Information is made
readily available and accessible. Interactive discussions about values and end-goals occur
on a frequent basis.These concepts are built into the CUSW structure. We have clearly
identified roles. We have opened the doors to accessible information through the website.
We have provided the Units and Committees with the supports that they need to have in
order to have interactive discussions that set end-goals and direction. We have
communication tools such as the Innovation Station to replace the Union Experts.
Webpages and Portals are in place to encourage dialogue and assist in the definition of
roles. What next? – Connect with each other.
– Joe Mulhall
Union Security: Who benefits?

The Constitution of CUSW is built to provide for the direct involvement of the Members in the
operation of the organization.
When we built this structure it was with the understanding that we needed to bridge the gap
between the “Union” as an Institution and the “Union” that is the members.
The Laws that emerged from the struggle of Workers in the 20th Century – to gain
recognition for the right to bargain collectively – were built to fit into the legal framework of
Common Law and eventually Labour Law.
Unions are legal entities that can be held accountable under the Laws of Canada and the
Provinces. When members of a Union violate provisions of the Labour Law such as the “no
strike” provision in the Labour Relations Act, the Employers and Government can take legal
action against the Union as an “Institution” to correct this violation.
The very nature of the Laws that emerged to allow for the recognition of the right to bargain
collectively also set the stage for a real or at least perceived division between the interests
of the legal entity called the “Union” and the interests of the “Members” of the Union.
The Constitution of CUSW is designed to overcome this divide. The CUSW Constitution
recognizes our legal obligations and the fact that these responsibilities must be serviced. At
the same time the Constitution recognizes that the members carry out these responsibilities.
Employers and other political interests have been successful in exploiting the divide between
the interests of Members and the interests of Unions.
Members often make reference to the “Union” as something other than themselves. A third
party, out there somewhere.
We often hear voices saying “the Union did this or the Union did not do that”. These voices
are usually connected with people who do not believe that their interests are being
represented in the activities of the Union and that they are powerless to cause change.
At CUSW we have responded to this sense of division by providing members with the
opportunity to engage directly in our Union at every level. Participation provides members
the opportunity to directly influence the future of all of us.In the workplace we have
experienced this same type of divisive behaviour. The classic argument of Employers that
dominated 20th Century labour-management relations centered on the battle for the “Hearts
and Minds” of the workforce.
Workers had won the right to bargain collectively, however Employers continued the fight to
preserve their absolute Common Law Rights to manage the workplace. With the right to
bargain enshrined in the Law, the battle line for Workers shifted to ensuring that Employers
recognized member rights to participate in the Union at the workplace level.
Through legal challenges and collective bargaining, Workers expanded their involvement
from activities outside the workplace to include recognition of employee’s rights at work.
Workers were eventually able to negotiate language in their collective agreements to
guarantee members the right to join a Union without fear of repercussions from the
Employers. These clauses are called Union Security Clauses.
A union security clause is a provision where employees must join the Union and remain as a
member in good standing for the duration of the agreement. These clauses protect the
member right to participate in the Union. Employer coercion used to influence employees
not to join Unions is neutralized by the mandatory provision.
The campaign of those that support the demise of the “trade union” and the right to bargain
collectively has had some success in using the hard fought right to Union Security Clauses
and compulsory dues deduction in driving a wedge between the members and the “unions”
that represent them.
They tap into the separation of interests between the Union and the members: “Why pay
them? They do nothing for you.”
The structure of CUSW is designed to counter this divisive strategy. Union Representatives
elected by their peers at the workplace level are in the position to bring forward the issues
that respond to the needs of the members.
Employer efforts to play one off against the other fail as the interests of the members and
their elected representatives are aligned.
We have the right to participate and the support needed to do so.
Make it work!!
– Joe Mulhall
Dues or Investment – Contributing to Building for

Tomorrow
In 1999 a group of workers came together to form a “trade union” under the definition of the
Labour Relations Act 1995 in the Province of Ontario. The result of this meeting was the
formation of CUSW as a trade union.
“Trade union” (Ontario LRA 1995) means an organization of employees formed for
purposes that include the regulation of relations between employees and employers and
includes a provincial, national, or international trade union, a certified council of trade unions
and a designated or certified employee bargaining agency.
The founding meeting was only the first step in becoming a recognized “trade union” for the
purpose representing members. In 2002 CUSW made an application for a Certification to
represent the workers at Langley Utilities. This application required that we prove to the
Labour Relations Board that we had a Constitution in place that conformed to the
requirements of the Law, that we had an elected Executive Board to oversee the operation of
the union and that we had the financial ability to carry out the responsibilities that come
with taking on the representation of members.
We very seldom discuss the test of “financial ability” to carry out the duties required by the
Law. We simply take it for granted.
In the early days of union development in Canada the struggle was over the right to bargain
collectively. The Employers had the luxury of using profits earned from the labour of the
workforce in their employ to finance the fight against those same Workers being granted the
right to bargain collectively. The Workers had little food and no savings so the only tool that
they had to balance the financial power of the Employers was to withdraw their labour. The
right to bargain collectively was eventually gained through the use of these illegal,
sometimes violent Recognition Strikes.
Over time the right to bargain collectively was legally recognized. The Law that emerged
was based on the concept that there must be an organization in place to manage these
rights. In Canada the Law clearly states that there must be a “trade union” structure in
place before workers can gain the legal right to bargain collectively. The effectiveness of
these organizations is directly connected to their “financial ability” to carry out the role
granted by the “certification.”
Employers lost the battle over the workers legal right to bargain collectively, but the war
against organized labour continued. The Employers recognized that, if these “trade unions”
had no access to funding, they would be ineffective and that workers would abandon them.
The strategy worked. Many of the early unions failed during their first strike. There was no
money to support the organization and in effect they went bankrupt. The Workers response
was to demand that a portion of their salary be sent to the “trade union” to fund the operating
cost.
It took until 1946 before Canadian Supreme Court Judge Ivan Rand settled a strike over this
issue with a decision that introduced for the first time the right to have a portion of salary
sent to the “trade union” that represented them. This became known as the “Rand
Formula”.
In summary he concluded: “I consider it entirely equitable,” wrote Rand, “that all employees
should be required to shoulder their portion of the burden of expense for administering the
law of their employment, the union contract [the collective agreement].” (Ivan Rand 1946)
The result of this Arbitration decision has provided Workers with the “financial ability” that
they need to represent themselves through the “trade union” as required by the Law. Over
time, Legislation in Canada and the Provinces has evolved to include language that supports
the principle set out by Ivan Rand.
In Ontario, the Labour Relations Act reads: “Deduction and remittance of union dues
– 47. (1) Except in the construction industry and subject to section 52, where a trade
union that is the bargaining agent for employees in a bargaining unit so requests, there shall
be included in the collective agreement between the trade union and the employer of the
employees a provision requiring the employer to deduct from the wages of each employee in
the unit affected by the collective agreement, whether or not the employee is a member of
the union, the amount of the regular union dues and to remit the amount to the trade union,
forthwith.”
When we founded CUSW it was with the view that we would have to balance the interests of
CUSW members against this legal institution called CUSW the “trade union”. We understood
that the Employers had not abandoned their fight to restrict Workers from having a say in
collective bargaining. We knew that there would be a continued attack on the concept
called the “trade union”. We knew that there would be a day when “Right to Work” or the
threat to eliminate the “Rand Formula” would arrive on our doorstep.
The participation model that is contained in the CUSW Constitution was built to ensure that
every member can see themselves as the Union.
The right to make financial contributions from our salary to support our “trade union” was a
hard fought battle. When Employers and other political interests attempt to undermine
CUSW by trying to cut off the funding needed to maintain our “financial ability” to meet our
obligations we can look at what we have built together and not allow ourselves to be duped
by those that would benefit from our demise.
When we were challenged to prove “financial ability” in the application for status for CUSW-
BC, we were able to use the Audited Financial Statement of CUSW to win the case.
Our Union, our Money, our Future.

– Joe Mulhall
Structure to Form or Form to Structure?

Who cares? At CUSW we just make it work

The structure of the CUSW Constitution has been built piece by piece by members over a
number of Conventions. We have aligned the way that CUSW is structured with the Laws of
Canada and the Provinces while at the same time taking into consideration the advancement
of Civil and Social Society. We have designed CUSW to be “open” to the changes in the
Economic, Civil and Social environment around us while at the same time setting clear
expectations about how we respond to these influences. The Constitution, in Article 2, sets
out the objectives that we are committed to.
The “Objects” of CUSW include:
Legal requirements such as – regulate the relations between employers and employees;
enter into collective agreements; refer members to employment; promote gender and ethnic
equity in the workplace and in the Union.
Civil Society requirements such as – encourage progressive legislation; build, maintain and
protect democratic trade unions and employers; maintain CUSW as a free and democratic
Union; maintain Canada as a free and democratic country.
Social Society requirements such as – provide health, safety, social, economic and political
benefits to members and retirees; improve political, social, economic conditions of CUSW
members and the people of Canada; assist any persons or organizations with demonstrated
need; organize unorganized workers; provide an opportunity for every worker to join a free
and democratic union.
***
The structure of our Union is designed based on the lessons learned by the struggles of the
“Workers” who came before us, as well as by insight into the local and global environment
that is moulding the future ahead of us.
As members we have taken the time to understand that being a worker is not just about
going to work and we have designed our Union to respond to this broader responsibility.
We have also taken the time to ensure that as we move forward in implementing our
objectives that we will maintain our connection to our purpose by having membership
participation in all parts of the organization.
The decision to move from a top down, command control service provider union model to the
participation model was discussed and debated at the CUSW Convention in 2012. The
Delegates confirmed this direction was the right approach for realizing our goals and
committed to taking the Participation Model message back to their workplaces.
The implementation of the Participation Model has caused a healthy discussion within the
membership as we implement the roles outlined in the Constitution. Some of the current
CUSW members moved to CUSW from an American Style of unionism and are struggling to
understand the roles and responsibilities of the CUSW Model. They have a predetermined
definition of “union” and CUSW does not fit with their expectation. Many others of our
members have come to us through apprenticeship or through recruiting and are not familiar
with the operation of unions at all.
The debate can be confusing, however if we focus our attention on the defined objectives of
our union, it all fits nicely into place.
When we are electing representatives we first have to look at the purpose of the position and
the role they are taking on.
From a Legal perspective CUSW must fulfill the requirements outlined by the Legislation and
the Charter. The President and First Vice President must oversee the legal obligations of the
Union at the same time as being responsible to participate as part of the NEB in
implementing the Civil and Social requirements of the Constitution.
The NEB must provide oversight and Governance of the Legal operation of CUSW at the same
time as they oversee the implementation of the Objects of the Constitution outlined above.
The Units provide the opportunity for members to come together outside the workplace. The
elected Unit representatives oversee this mandate while at the same time providing the
coordination of organizing, training, grievance committees and other supports that contribute
to the success of members and CUSW as a whole.
National Committees contribute to policy development on behalf of members while at the

same time promoting Civil and Social policy that will benefit our members.
In the workplace, members are responsible for day-to-day life at the workplace. These
members elect their workplace representatives to fulfill the Legal responsibilities required by
rules and Legislation.
Going full circle the members on the NEB are responsible to ensure that all of the parts are
working together to advance the interests of the members and their families.
We are all in this together and when we all pull together there is no confusion. As workers
we have centuries of experience on which to plan our future. We just need to Participate.
– Joe Mulhall
––––––––––––––––––––––––––––––––––
“Experience without theory is blind, but theory without experience is mere intellectual play.”
– Immanuel Kant
CUSW at Work in the Workplace, Pt. 2

The CUSW Constitution is built to provide a forum where like-minded people can come together
in an open and democratic environment for the purpose of advancing the interests of workers and
society as a whole. We built CUSW this way by design. This very same approach can be used when it
comes to working with our Employers.
The early years of workers gaining recognition by employers were not easy for the workforce that came
before us. In a recent Supreme Court of Canada case (BC Health Services) the Supreme Court Judges
took the opportunity to write a very good history of the struggle that workers had to endure to gain the
right to bargain collectively in Canada.
Quote from Supreme Court Decision:
“In summary, workers in Canada began forming collectives to bargain over working conditions
with their employers as early as the 18th century. However, the common law cast a shadow over
the rights of workers to act collectively. When Parliament first began recognizing workers’
rights, trade unions had no express statutory right to negotiate collectively with employers.
Employers could simply ignore them. However, workers used the powerful economic weapon of
strikes to gradually force employers to recognize unions and to bargain collectively with them. By
adopting the Wagner Act model, governments across Canada recognized the fundamental need
for workers to participate in the regulation of their work environment. This legislation confirmed
what the labour movement had been fighting for over centuries and what it had access to in the
laissez-faire era through the use of strikes – the right to collective bargaining with employers.”
In addition to the right to bargain collectively, the Law that confirmed worker’s rights in Canada called
PC 1003 introduced a way to bring harmony to the workplace that could not be attained naturally
through worker/ employer relationships. The Law had to be put in place to force the employers to
recognize the rights of the workers.
“P.C. 1003 was a compromise adopted to promote peaceful labour relations. On the one hand, it
granted major protections to workers to organize without fear of unfair interference from the
employers and guaranteed workers the right to bargain collectively in good faith with their
employers without having to rely on strikes and other economic weapons. On the other hand, it
provided employers with a measure of stability in their relations with their organized workers,
without the spectre of intensive state intervention in the economy (Fudgeand Glasbeek, at p. 370).
These elements of P.C. 1003 continue to guide our system of labour relations to this day (Adams,
at pp. 2-98 et seq.).”
In addition to the right to bargain collectively the Law also recognized the right to come together and
form unions for the purpose of collective bargaining with their employers. This was a major
breakthrough and one that has continued to be recognized in our Society and in fact was strengthened
by The Charter of Rights and Freedoms that was adopted by the Government of Canada in 1982.
“Collective bargaining, despite early discouragement from the common law, has long been
recognized in Canada. Indeed, historically, it emerges as the most significant collective activity
through which freedom of association is expressed in the labour context. In our opinion, the
concept of freedom of association under s. 2(d) of the Char- ter [page433] includes this notion of
a procedural right to collective bargaining.”
The right to join a union, the right to participate in the regulation of the work environment and the right
to bargain collectively are all a fundamental part of the Canadian Society. The members
in every one of our bargaining units has the legally recognized right to sit down with their employer in
“good faith” to set the workplace conditions that affect them. This is a right that was won through
centuries of hard fought battles. Every one of you as members has a right to participate in your
workplace. Exercising this right is a responsibility that we owe to ourselves and to our families.
Members take on a new role as they add value to the employer. Collective Bargaining joins the
individual members together through “bargaining rights” and provides the mechanism to ensure that
the value created is shared to the benefit of the workforce. The ability to negotiate is contained in the
skills of the workers and not from the monopoly power of the union. This approach allows our mem-
bers to transcend the economic restructuring of the economy as it evolves around us. Please read your
collective agreement and when the time comes add your voice to the future.
– Joe Mulhall
CUSW at Work in the Workplace
Over the last couple of months we have been electing the Workplace Stewards and H&S
Representatives in all of the bargaining units that we represent within CUSW, for the next 3-
year term. In keeping with our desire to promote participation in the governance model
within CUSW, the process of managing these elections was carried out by the workplace
participants.
Each workplace selected an Election Judge and the National H&S Committee and
National Executive Board set out some clear expectations of the duties for those who
decided to take on the role as elected representatives. There was confusion at some of the
workplaces. There were some demands from members to implement a centralized process
managed by the National Executive Board or the geographic Units, however for the most
part, the Members jumped in and made the election process a success. We are making
Progress.
“Progress” is a word that conjures up many possible visions and interpretations. The
dictionary definitions of progress are very broad and varied. In general terms the word
progress means “Movement, as toward a goal.” Another way to express the concept of
progress is simply “to advance.” From our start point back in 1999 we have been slowly
moving towards the implementation of the CUSW Constitution that we set in place to guide
our direction. The Constitution sets the values and beliefs that we rely on every day as we
move towards our goal of being a 21st Century union.
It is in the workplace that our vision of member participation connects with our legal rights
to redefine how we contribute to the relationship with our employers. In our 21st Century
Union model, the elected representatives at the workplace are the legal face of the “union”
as defined by the Labour legislation and Charter Rights implemented in the 20th Century. At
the same time these same elected representatives are responsible for implementing the
values, beliefs and principles outlined in our Constitution. These two concepts are directly
connected. As we move forward to exercise our goal of increased voice in the day-to-day
operation of the workplace, we must do so with our beliefs and values clearly at the
forefront.
This approach is very different than the “service provider” unions of the 20th Century.
The “Institution” called the Union would come to the workplace with the role of defining the
relationship between the employer and the workers. Workers would pay dues and Unions
would provide “union representatives” to manage the relationship with the employers. This
created an “us and “them” environment. This “model” was useful as workers moved from the
Master and Servant rules flowing out of Common Law to the Industrial Democracy
relationship that Employment Law provides us with today. The “Institutional’ model was a
response to the circumstance of the day but it is not the answer for the modern workplace.
Moving forward with implementing the Legislative purpose of providing workers in industry
with the sense of worth, of freedom and of participation that Employment law was meant to
provide is the work that we as members of CUSW have set out to bring to life. The first step
in this process is in mobilizing the workforce behind the concept of managing their own
destiny.
Asking the workplace to manage the election of the workplace representatives is a real
example of this process in action. The workers selected the Election Judge themselves
from the people in their workplace. The Election Judge set the rules for the election based on
the size of the workplace and access to voting opportunities.
The elections were conducted in a completely open process for all to see and participate in.
There was no external union influence or interference in the selection process. The workers
were able to participate in all aspects of this democratic process.
The key for the workers in the implementation of workplace democratic principles is to
recognize that they have the right to a voice in the operation of the workplace and that they
have much to contribute to the success of the workplace.
A review of the written literature on workplace level responses towards 20th Century
employer Labour Relations strategies reveals that an “informal work culture” emerged in
almost all workplaces that ran parallel to the employer management system. Through this
“informal work culture”, workers built the opposition and drove the change that resulted in
recognition of a formal voice through the recognition of “unions”.
The 21st Century workforce needs to embrace the idea that they no longer have to
participate through informal means and that they can come together in the workplace and
contribute to the operation of the workplace out in the open.
CUSW will be moving forward with initiatives to have this level of participation included in
the day-to-day operation of the workplace relationship with the employers. We know that this
process will take time to implement and that there will be some resistance both from
employer’s middle managers and from those of our members who have benefitted from the
employer’s Common Law Governance style.
The members will need to overcome an entrenched workplace culture that uses rewards and
punishment to mold behaviours that we have no voice in setting. In the future we will have a
voice in setting the behaviour and expectations of the workplace as it impacts on the
members and the success of the employers.
– Joe Mulhall
CUSW in the Workplace

When we set out to build CUSW back in 1999, we established some very clear goals. We
wanted to create a union where the members would set the direction of the organization; we
wanted to create a path to jobs; and we wanted to have a voice in the day to day operation of
the workplace. To accomplish these goals we would need to build a new kind of union. We
would need to define what a union could become in the 21st Century.
When we started on this path 15 years ago we looked very much like any other union in
the construction industry. Most of the members who joined CUSW in the early years did not
join because they wanted to participate in building a new modern Union in Canada. In fact
most of the members joined CUSW to gain access to the jobs that flowed out of our closed
shop collective agreement language. New applicants saw CUSW as a way to get to a job with
good wages. Joining CUSW provided the door to a paycheque. The "business union" mentality
of the American Parent unions prevailed in the industry and it was all that we had to measure
against.
In the Old Economy workers conceded control of the workplace to the employers. We
accepted the thinking that "management has the right to manage" as the gospel of the
workplace. The focus of workers, union or non-union, was on the fight over wages and
conditions. Workplace energy was spent trying to force the employer to provide a safe and
healthy workplace where the profits earned through our labour were shared with the
workers. The employer's energy was spent maintaining control over the bargaining power of
the workforce. The result was a battle for the "hearts and minds of the workforce".
Employers would try to convince workers that there was no need for a union. Unions would
try to convince the workers that the "Union" was the path to better wages and conditions. In
the end, workers were being pulled in opposite directions and the workplace culture broke
down into an "us and them" struggle.
The conflicts that arose from 20th Century Labour Relations set the ground for the move in a
new direction. With the Legislated recognition that workers had the right to bargain
collectively, also came the concept of worker voice and a new legal framework called
"Employment Law". When workers recognize a union to represent them in their employment
relationship, a transition in legal rights takes place for those workers that does not exist in a
non-union workplace.
The distinction between Common Law and Employment Law are concepts that are not well
understood in our society. Where there is no recognized union, the employment relationship
between a worker and an employer is governed by Common Law and specifically the "Master
and Servant Act". In this relationship the worker takes direction from the employer and the
employer retains the uncontested right to define the employment relationship. This includes
the right to hire and fire, to set conditions for health and safety and to set employee
compensation in accordance with legal standards. Individuals do have Common Law rights to
challenge the actions of the employer but the right to challenge is limited to court action.
Employment Law redefines the employment relationship. The uncontested rights of the
employers found under Common Law are "fettered" or tempered. When employees join
together to form a union they are given a legal voice in the employment relationship. This
legal right to voice does not exist in Common Law. By joining together through the union, the
workers gain the right to have a voice in the terms and conditions that impact them in the
workplace. This can be accomplished through collective bargaining or other workplace
committees as agreed to by the parties. By joining a union employees gain the right to
negotiate over the policies that govern their workplace including Health and Safety, skills
upgrading, harassment and Code of Conduct. This legal right to voice also allows workers to
have the right to negotiate about the work activities that they participate in and contribute to
every day in the workplace.
It is in this area that 20th Century Unions failed to make any significant progress. Back in
1999 we understood that it was time for unions to move past the "fight" and to exercise the
rights that were won during the struggle. CUSW set this as one of our goals. With our
emphasis on participation and the democratization at the Union level we have made great
progress in implementing our goals of internal governance at the Committee and Unit levels.
It is now time to move forward with the same approach in the Workplace. With the
emergence of the New Economy there is now more opportunity than ever for participation in
determining the way that work is organized. With our "voice" we can overcome the "us and
them" mentality, contribute to the success of the employers and enrich the satisfaction of
our members.
It is time to embrace the sense of worth and freedom that comes with joining a union. We
have the Knowledge and we have the right to voice, we are no longer Servants. It is time to
step up and accept our responsibility.
Definition: The master and servant relationship only arises when the tasks are performed
by the servant under the direction and control of the master and are subject to the master's
knowledge and consent.
– Joe Mulhall
“Union Members” in an Information Economy

The idea of having a legal structure called a “Union” or a “Trade Union” is a relatively new
concept. The idea of people coming together to share their skills and to contribute those
skills to creating successful communities is not new.
This practice goes back to Medieval Times and the Guilds. In the micro economies of those
times people found ways of working together to leverage on success. This is what we do as
people. We build Civil and Social Society. The concept of a “Union” or a “trade union” is an
evolution of building a Civil (legal) Society around Social Values.
The History of workers in Canada is filled with labour unrest and violence. The British
writer and economist Adam Smith introduced the concept of the “Invisible Hand of the
Market” in the late 1700’s. His idea was that economic development is driven by the Law of
Supply and Demand. Only the “Market” could determine what was being produced and the
price that we would be willing to pay for it. In his perfect world there would be no need for
laws or rules to regulate these so called “naturally occurring” controls over the allocation of
“scarce resources”. This concept of supply and demand applied in the same way to the
people that were involved in the production of the goods and services. The “Market”
determined what skills were in demand at any given time. In this economic model there
would be no need for laws or rules to balance out the relationship between work and those
who performed it. In theory, workplace issues come into balance as market pressures bear
down on the demand for Labour.
Economic development in Canada in the late 1800’s showed the flaws in this theory. Mining
and other high risk industries emerged in Canada in response to demands from Europe and
Britain. Corporations controlled the market for labour as the immigrating population looked to
feed themselves and their families. Corporations used their economic power to impose long
hours, low wages and unsafe workplaces. Workers had no recourse to counter these
conditions. A review of Labour history between 1880 and late 1930’s reveals decades of
violent clashes as workers fought with both public and private police forces to bring balance
to the workplace relationship. Over time, Civil Society began to take hold in Canada and to
implement the rules and regulations that we have come to take for granted today.
The theory of the “Invisible Hand of the Market” prevails as we move forward into the 21st
Century. On this front nothing has changed. Unions that emerged in response to the
behaviour of the unscrupulous employers of the 19th and 20th Centuries are considered by
some as a restriction on the ability to stimulate the “Market” and create growth. Federal and
Provincial governments are calling for the removal of the rules and regulations that created
the workplace balance during the 20th Century. We are being told that “free market
capitalism” is the answer to creating growth and jobs and that workers need to support these
policies and not interfere. The mantra of “Right to Work” has emerged as a cry from the
Corporations that are seeking to satisfy their quest for profit. As workers and union
members we know better than this.
The battles of the 20th Century have been fought and we need to learn from our
experience. As recently as 1969 we were still forced to resort to “wildcat strikes” to resolve
workplace issues. This is not a part of History that needs to be repeated. There is however a
part of History that needs to be continued. As we move forward into the New Economy we
will need to continue the quest of building a Civil and Social Society. As workers we can
make a meaningful contribution to this quest by coming together to share our knowledge and
skills with each other and by contributing those skills to creating safe and productive
workplaces within successful communities.
Unions in the 21st Century will need to change. It is time to move forward to the next phase
in our evolution. The concept of the Knowledge worker participating in a Knowledge
economy includes a role for a 21st Century Union. Embrace it.
Quote from Charles Darwin:

“It is not the strongest or the most intelligent who will survive but those who can best
manage change.”
– Joe Mulhall
Season's Greetings 2013

... from the Officers and Staff at CUSW
For many of you this is the first time that we have shared this time of year together. On
behalf of all the members of CUSW: Welcome. You have joined an organization that is built on
a set of Values and Beliefs that bind us together as we move forward to advance the
interests of our members and their families.
In a world where people are rewarded for exploitation and greed it is not easy to
maintain the vision of members helping members and collective good overcoming individual
self-gratification. CUSW is built on the principle that by coming together both at work and at
home we can make a better life for our members and the people around us.
2013 has been a year where we have seen many changes in the way we interact with each
other. There is a new face on the website that is more inviting and easier to access even for
the novice. The Unit and Committee webpages are taking on the voice of the members
involved and are providing the entire membership with an up close look at the good work we
are doing for our families and our communities. Those of you that use Smart Phones and
Tablets can see the work of Joe Cook and the Technology committee in the mobile friendly
web interface now available for these devices. The task of connecting the members across
distance is flourishing as we see more and more members participating in online meetings at
the Committee and Unit levels. We are becoming one membership - committed to each
other.
January 2014 will be the 15th Anniversary of CUSW. We have created something very
special and we need to take some time out to celebrate our success. We enjoy some of the
best collective agreements, some of the best health and welfare benefits and a great
Retirement Plan for those that participate but we are much more than that. We have created
a home where the members can come together and build their future. There is no oppression
from the “UNION” imposing their will on us because we are the union. Members make the
decisions on who we are and what we do. Isn’t it great to know that if you can imagine it we
can work together to make it happen. With your participation we can all continue to build a
better tomorrow.
2014 is also an election year. Beginning in January and running through until November we
will be electing the workplace stewards, workplace Health and Safety representatives,
National Executive Board members, Unit Executives and Delegates to the 2015 Convention.
In July the newly elected NEB will be asking for nominations to fill the positions on all of the
National Committees. The members that come forward over the next year will help to move
CUSW forward so please take the time to participate. The newly updated Innovation Station
on the website is a great source for more details on the election process. Take a look.
Work is an integral part of our lives. With work come risks. Arriving home healthy and ready
to share time with those whom we care about and who care about us is an achievable goal
that we must all strive for. If you know of someone in your area that is retired or off work due
to illness or injury please take the time to connect with them. It will be extra special for
them and for you at this time of year.
On behalf of all those that make CUSW work for all of us – HAPPY HOLIDAYS.
– Joe Mulhall

Challenges On HR in The 21st Century

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Challenges On HR in The 21st Century

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HRM includes conducting job analyses, planning personnel needs, recruiting the right people for the job,

Human Resource Management challenges

 Change management (48%),

Challenges and Issues of Human Resource Management in

Factors affecting the role of HRM

Changes in political and legal environment

Changes in the Economic Environment

What Are The Biggest 21st Century Workplace Challenges?

21st Century Insights

To accomplish this we would need to promote a new kind of economy. A progressive

What does this mean for us?

A New Union for a New Tomorrow

Bringing the 21st Century Workplace to Life - Pt. 2

o Management is for everyone. As educational levels rise and information technology

Bringing the 21st Century Workplace to Life

Harmony of Interests - Bridging the Divide

Continuing the Journey - Building the Path

Membership and the Relationship to Work

Setting the Stage for the 20-20 Worker

Participation requires Knowledge ...

Conflict and contradictions

Managing Thought Change in the 21st Century

Cohesion amongst Union members was defined as Unity or Solidarity. Connections

Democratization – Democracy and Participation

The results of such a transformation leads to the development of more dynamic

Union Security: Who benefits?

We have the right to participate and the support needed to do so.

Dues or Investment – Contributing to Building for

Our Union, our Money, our Future.

Structure to Form or Form to Structure?

Who cares? At CUSW we just make it work

The “Objects” of CUSW include:

National Committees contribute to policy development on behalf of members while at the

CUSW at Work in the Workplace, Pt. 2

CUSW in the Workplace

“Union Members” in an Information Economy

Quote from Charles Darwin:

Season's Greetings 2013

... from the Officers and Staff at CUSW

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