Fairness Committee Procedures Manual: A Comprehensive Guide to Resolving Employee Issues at Magna – Vote Yes to Union.

Fairness Committee Procedures Manual: A Comprehensive Guide to Resolving Employee Issues at Magna – Vote Yes to Union.

Unions play a crucial role in balancing workplace dynamics, especially in environments where management’s decisions are primarily driven by organizational interests, often overlooking employee welfare. By advocating for the rights and needs of workers, unions ensure that the employee’s voice is heard, contributing to a more equitable and fair workplace. They negotiate collectively for better wages, improved working conditions, job security, and benefits, which might not be as prioritized in a management-centric ideology. This collective bargaining process ensures that employees are not just seen as resources but as integral stakeholders whose contributions and well-being are vital to the organization’s success.

Moreover, unions provide a structured way to address grievances, ensuring that individual employee concerns are taken seriously and resolved fairly. This leads to a more transparent and democratic workplace where decisions are not unilaterally imposed but discussed and negotiated. Unions also contribute to the professional development of their members, offering training and education opportunities that might not be otherwise available. This focus on the holistic development of employees fosters a more engaged, motivated, and skilled workforce, which is beneficial not just for the employees but for the overall health and competitiveness of the organization. In essence, unions act as a necessary counterbalance to management’s one-sided ideologies, ensuring that the workplace is equitable for all.

Adding to the importance of unions in advocating for employee rights and ensuring a fair workplace, it’s critical to question the effectiveness of existing management-led initiatives when they are not transparently communicated or understood by the workforce. If your current management had good intentions, then the significant lack of awareness among Magna International – Karmax Heavy Stamping – Cosma Division, employees about the Fairness Committee documentation raises concerns. This scenario suggests a disconnect between the management’s proclaimed objectives and their implementation or communication strategies. When 99% of employees are unaware of mechanisms designed to ensure fairness and address grievances, it points to a systemic failure in fostering an inclusive and informed work environment. This gap underscores the value of unions in ensuring that all employees are not only aware of their rights and the channels available to address their concerns but also confident in using these mechanisms without fear of retribution. Unions help bridge the information gap, advocate for transparent communication, and ensure that initiatives like a Fairness Committee truly serve their purpose in promoting equity and justice within the workplace. See below what  Magna does not want you to see:

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Fairness Committee Procedures Manual: A Comprehensive Guide to Resolving Employee Issues at Magna – Vote YES to Union.

Fairness Committee Training Guide

MAGNA

Fairness Committee Procedures Manual

Table of Contents

Table of Contents 2

Fairness Committee Procedures Manual 4

Purpose 4

Scope 4

Responsibilities 5

General Manager 5

Managers/Supervisors 6

FC Members ?

Facilitator 8

Recorder (FC meeting minutes) 9

Employee Advocate 1O

Human Resources Manager 12

Magna Corporate 13

Group Corporate 14

Methods 15

Committee Development and Maintenance 15

Selection of Facilitators 16

Regular Meetings 16

Minutes 17

Removal from the Committee 17

Fairness Committee Guidelines 18

Contacting the Fairness Committee 19

Initiating Issue Resolution 19

Informal Process 20

Results 20

Options 21

30-30-30 Rule 22

Setting-Up the Formal Hearing 23

Formal Process and Written Decision 24

Communicating Outcomes of Formal Hearings 26

Evidence 26

Appeal 26

Closure ..,.,,……………………….,………., 27

Formal Hearings 27

Informal Process 27

FC Activity Tracking 28

Communication 28

Record Retention 28

System Effectiveness 29

Affiliations 29

Forms 30

MAGNA

Fairness Committee Procedures Manual

Purpose

The Fairness Committee’s (FC) purpose is to help employees get issues resolved through the Open Door Process.

The Open Door Process provides employees with an opportunity to express their issues and have them resolved, while encouraging open and clear communication between employees and management. FC Members strive to treat all employees equally and respectfully on a consistent basis.

FCs provide a formal hearing process that makes final and binding decisions regarding employee issues. FCs educate employees on fairness, the Open Door Process and the roles and responsibilities of the FC.

FCs promote a greater understanding of the Company’s values as outlined in the Employee’s Charter.

Remember!

enhance relations between employees and management and to keep the lines of communication open between them.

The Fairness Committee program is intended to

Scope

These FC procedures are applicable to:

• all Division employees that have successfully completed their probationary period Management

Responsibilities

General Manager

Will support the Open Door Process through the FC by:

• • Supporting and reinforcing the purpose of the FC program

  • Being accountable for FC program – ensuring success of FC program at division

  • Participating in yearly management overviews on the roles and responsibilities of the Fairness Committee. –

  • Allow facilitators time in quarterly Management meetings to discuss status of the FC

    and pending issues.

  • Allow facilitators time every month to prepare for FC meetings.

  • Attend in person or send designate to portion of all FC meetings.

  • ensuring FC is established with appropriate constitution of management and non-

    ‘

    management members

  • Encourage employees to speak to FC members

  • Providing resources and company time

  • Providing a designated bulletin board in a high traffic area for the FC

  • Providing a locked drop box with key (for “ask the FC” Forms)

  • Providing information on FC in Employee Handbook

  • Providing pay for regular FC meetings, formal hearings and other related events

  • Participating in FC training (for management)

  • Ensuring that employee issues are resolved at the earliest stage possible in the Open Door Process and the FC process

  • Appealing to Magna Hotline within 30 calendar days (if dissatisfied with decision)

    Managers/Supervisors

    Will support the Open Door Process through the FC by:

    • Supporting and reinforcing the purpose of the FC program

    • Allowing FC Members required time with pay to attend regular FC meetings, formal hearings, and other related events

    • Welcoming FC members to come forward with questions and concerns

    • Ensuring that employee issues are resolved at the earliest stage possible in the Open Door Process and the FC process

    • Participating in FC training (for management)

    • Participating in FC process

    • Allow FC members appropriate time in Department or Pre-shift meetings to present FC team updates, collect feedback and answer questions from departments.

      FC Members

      Will support the Open Door Process through the FC by:

    • Supporting and reinforcing the purpose of the FC program

    • Remaining unbiased and upholding confidentiality (executing Confidentiality Agreement)

    • Participating in selection process for one or two employee representative(s) as FC Facilitators, 1 employee at a minimum must be hourly

    • Nominating and electing one Recorder of FC meeting minutes

    • Educating employees on fairness, the Open Door Process, Employee’s Charter, Employee Handbook and the roles and responsibilities of the FC

    • Attending regular FC meetings and participating in all FC training

    • Attend department/pre-shift meetings and present information on status of the FC, answer questions from employees and collect feedback from departments to share at FC team meetings.

    • Participate in the review of Division policies and procedures and provide feedback to

      Division management regarding such policies and procedures

    • Facilitate employee ownership, responsibility and accountability in producing a better product for a better price

    • Be trained in facilitation, problem-solving communication and interpersonal skills to

      assist employees in solving day-to-day workplace Issues

    • Participating in at least one mock hearing per year

    • Promoting the use of the Open Door Process

    • Using the Open Door Process up to and including the use of the formal hearing

    • Bringing general issues of employee population to FC meetings via documented tracking of informal issues and questions

    • Understanding policies/procedures of the Employee Handbook,

      Employee’s Charter and Corporate Constitution

    • Participating in any special FC assignment that may occur from time to time (i.e., Employee Advocate selection, Facilitators selection, secret ballot votes, etc.)

    • Coordinating with the Employee Advocate to facilitate resolution of issues in the workplace

      Facilitator

      Will support the Open Door Process through the FC by:

      • Access MagNet – information on promotional ideas for FC

      • Supporting and reinforcing the purpose of the FC Team

      • Ensuring that FC Members understand the purpose of the FC program

      • Presenting quarterly at management meetings to discuss the status of the FC and pending issues

      • Meeting monthly with the HR Manager and Employee Advocate to discuss the status of the FC team

      • Participating in Facilitator and FC training,

      • Understanding Facilitator’s role, responsibilities and FC procedures

      • Remaining unbiased and upholding confidentiality (executing Confidentiality Agreement)

      • Posting and updating FC names and pictures promptly on FC communications board

      • Preparing and circulating agendas and chairing FC meetings, ensuring they are effective

      • Conducting nomination and election of Recorder of FC meeting minutes

      • Reviewing minutes of FC meetings with HR/EA (if applicable)

      • Maintaining order in FC meetings by keeping the group focused on the goal of the meeting

      • Delivering to employees any FC communication at employee meetings or coordinating

        FC members to help with this process

      • Ensuring applicable statistical information is documented, filed and communicated promptly to employees (communication board and employee meetings)

      • Addressing and dealing with breaches of the FC procedures (i.e. attendance)

      • Maintaining secured FC files and checking FC locked drop box daily (for “ask the FC” Forms)

      • Following the steps on the Facilitating A Formal Hearing Checklist for formal hearings

      • Notifying Group or Corporate immediately if an employee requests a formal hearing.

      • Facilitate or assist in facilitating all formal hearings at division

      • Coordinating with the HR Manager to follow-up with FC formal hearing recommendations to management

      • Recorder (FC meeting minutes)

        Will support the Open Door Process through the FC by:

      • Supporting and reinforcing the purpose of the FC program

      • Preparing minutes for approval by Facilitator and H.R. Manager and then posting them within 2 weeks of meeting

      • Taking attendance at each FC meeting and tracking attendance of each FC Member

      • Assisting Facilitator with maintenance of FC communications board

      • Assisting Facilitator with ensuring applicable statistical information is documented, filed and posted promptly on the communication board

        Notes

        Employee Advocate

        Will support the Open Door Process through the FC

      • Attending all Fairness Committee meetings.

      • Advocates will attend all Fairness Committee meetings as an observer and support mechanism only. They will not be responsible for taking minutes unless agreed upon by the Advocate, Facilitator and HR. Employee Advocates can share their overall statistics with the committee without breaching employee confidentiality.

      • Meeting Monthly with HR Managers and Facilitators

      • This meeting should be scheduled by the Facilitator who will invite HR and the Advocate to attend. The Advocate will contribute to the development of the FC meeting agenda, case studies and offer additional support to the committee when needed.

      • Support Facilitators with administrative duties of the committee when requested.

      • For example -typing, photocopying, posting minutes, distributing agendas etc. If the Advocate does not have time, he/she will advise the Facilitator accordingly who will make alternate arrangements.

      • Assist Facilitators with the monthly communication strategies

      • Facilitators are responsible for presenting monthly/quarterly FC presentations at the employee meetings. Upon request, the Advocate can assist the Facilitators with this by helping them to prepare the presentation, rehearsing the presentation with the Facilitators and providing additional support when requested by the Facilitator.

        •

        MAGNA

        • Assist HR Managers and Facilitators with the yearly required mock hearings.

        • When requested by HR or the Facilitators, the Advocate is responsible for supporting the Facilitators with the organization of the mock hearings.

        • Referring employees to the FC formal hearing process when appropriate

        • Advocates are responsible for explaining the options the employee has in using the Open Door process including the formal hearing process. Advocates can assist the employee with filling out the paperwork for the formal hearing when requested to do so by the employee.

        • Attending full Formal Hearings as an observer.

        • When requested to do so by the employee, the Advocate is responsible to sit in on the entire formal hearing as an observer only, they will not be involved in any discussion among the panel members. Upon request, the Advocate may help a concerned employee to gather appropriate information in preparation for a hearing. However, the Advocate will not speak for, or represent a concerned employee during a hearing. They can support the Committee to ensure the process is consistent and results in a fair outcome. The presence and support of the Advocate at Fairness Committee hearings will enhance the credibility of the process in the eyes of all employees.

          Since it is the responsibility of Facilitators to follow up on recommendations, there is no need for Advocates to receive copies of the formal hearings since they will know the decision from sitting in. If the Facilitator requests assistance in following up with management, they may ask the Advocate for help, but ultimately the responsibility is for the Facilitators to make sure recommendations are implemented.

          Human Resources Manager

          Will support the Open Door Process through the FC by:

        • Being accountable for FC program – ensuring success of FC program at division

        • Supporting and reinforcing the purpose of the FC program

        • Participating in all necessary FC and Facilitator training

        • Attend all Fairness Committee meetings

        • Ensuring that the Facilitators receive training and coaching for their role

        • Ensuring that Facilitators present at quarterly management meetings

        • Participate in yearly management overviews on the roles and responsibilities of the FC

        • Meeting monthly with the Facilitator and Employee Advocate to discuss the status of the Fairness Committee

        • Presenting the status of the EOS Action plan to the FC members

        • Ensuring that Facilitators receive training and coaching for their role

        • Delivery of Corporate FC communication/marketing strategy

        • Providing necessary resources such as funding for promotional items, computers and photocopying

        • Conducting mock hearings at least once per year

        • Providing counseling and clarification on policies and operational issues

        • Reviewing minutes of FC meeting with facilitator

        • Providing to FC Members requested FC information

        • Providing a secure area for FC files

        • Auditing of FC meetings from time to time

        • Checking FC members’ records of employment to ensure they are in good standing and removing individuals who are not in good standing

        • When a formal hearing request is submitted to HR and the HR Mgr is uncertain whether the issue can go forward to formal, they must contact Corporate office to discuss (ie. Harassment).

        • Providing to FC Members requested material and documents for formal hearings

        • Assist mgmt. in preparation of attendance at formal hearings.

        • Follow up with Facilitators on all recommendations made during the formal hearing

        • Entering approved recommendations In to Action Llnx

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          Magna Corporate

          Will support the Open Door Process through the FC by:

          • Supporting and reinforcing the purpose of the FC program

          • Establishing, maintaining and updating mandate for the use of FC

          • Developing a FC communication and marketing strategy

          • Providing guidelines that support the use of the FC that are consistent with Employee’s Charter and Corporate Constitution

          • Training Group Corporate (train the trainer)

          • Conducting all Facilitator training at Magna Corporate or on site at divisions.

          • Conducting management overviews and employee overviews when requested

          • Train FC (divisions) and providing assistance to divisions at request of Group Corporate

          • Audit of FC program (HR Assessment etc.)

          • Attend FC meetings as required

          • Assist in facilitator selection when requested

          • Guide and assist facilitators in addressing FC members’ breaches of FC procedures as well as other questions regarding FC process.

          • Attend formal hearings when requested by Group Corporate

          • Being notified of every formal hearing pending at divisions

          • Regular (annual) review and updating of FC training material (forms, mock hearing material, etc.)

          • Collecting and distributing of best practices

            Group Corporate

            Will support the Open Door Process through the FC by:

          • Supporting and reinforcing the purpose of the FC program

          • Ensuring divisions are maximizing the FC program’s use

          • Monitoring FC program (determining the effectiveness via Employee Opinion Survey, FC meetings, dialogue sessions, Hotline, etc.)

          • Providing training to divisions (FC Members, Employee Advocate, Human Resources, Supervisors and Managers etc.)

          • Conducting management overview of FC training to General Managers, Managers and Supervisors

          • Assist in Facilitator selection

          • Guiding and assisting Facilitators in addressing FC members’ breaches of FC procedures

          • Attending formal hearings as required or requesting Corporate to attend

            Methods

            Committee Development and Maintenance

            • AFC should total about five per cent of the division’s employee population with a minimum of ten members

            • Volunteers for the FC must be in good standing. They must exemplify the spirit of fairness and not have a disciplinary action equal to or greater than a written warning on their records of employment within the last 12 months. FC Members who fail to exemplify the spirit of fairness or who obtain a disciplinary action on their records of employment must resign from the FC, otherwise they will be removed from the FC

            • Trained FC Members may remain on the FC for a maximum of five consecutive years if in good standing (see section 4.5 Removal from the Committee)

            • The FC will consist of employees from all shifts and areas of the division who have volunteered for the FC. 80% of the FC will be non-managerial hourly/salaried shop floor and office employees. 20% will be management (including supervisors) with a minimum of three management members on the FC. Note: Not all salaried positions are management

            • The term served by FC Members on the committee shall be staggered two to five years to ensure continuity

            • On an annual basis, 20%-30% of FC Members must step down either on a voluntary basis or by random draw in order to accommodate new recruits. FC Members who have served two years or more are eligible to step down. However, if insufficient numbers of employees volunteer during the successive recruitments, the FC may continue without any members stepping down

            • In some cases we may not force members to step down; this will be determined in discussions with division and corporate

            • The length of membership terms shall be determined by the performance of the FC as indicated by the Employee Opinion Survey Fairness Committee score, i.e., FC Members may maximize their membership as long as the FC meets its benchmark (see 4.6 Fairness Committee Guidelines)

            • All FC Members shall participate in all necessary FC training including refresher training.

              Selection of Facilitators

            • A minimum of one employee (non-management) Facilitator must be selected to chair the FC. A second employee Facilitator may be selected (from hourly/salary or mgmt.)

            • Facilitators must be selected from within the existing FC Members

            • Facilitators are required to participate in Facilitator and FC training

            • Members of the FC may select a Facilitator through a selection process facilitated by a Group Corporate representative:

              1. Group Corporate to present to the FC a presentation detailing the selection

                 process, and roles, responsibilities and attributes of a Facilitator

              2. FC Members will nominate candidates for Facilitator (a FC Member may nominate himself/herself)

              Regular Meetings

            • The FC must meet monthly for general review

            • Any FC meetings outside of the approved regular schedule requires approval

            • from the H.R. Manager

            • Meeting agendas will be determined by HR, and the Facilitator during the monthly meetings prior to FC meeting

            • All FC Members must be notified of FC meetings. Attendance must be taken at all meetings. FC Members absent from two meetings without reasonable excuse within a 12-month period will be removed from the committee

            • All members shall review the FC agenda prior to the meeting

            • All members must bring informal tracking sheets to each meeting

            • All members shall conduct themselves in a respectful manner during meetings

            • Guests may be invited to attend FC meetings

            • FC members shall not present personal agenda items

            • Making decisions by consensus is the goal, however a simple majority {50% plus one) may determine decisions made by the committee

              Minutes

            • FC meeting minutes must be taken by the Recorder. The Recorder must prepare and post the minutes on the FC communication board within 2 weeks of the meeting date

            • Minutes are to be reviewed by a Facilitator and the Human Resources Manager prior to posting

            • Confidentiality of information must always be maintained in developing and posting of

              minutes

              Removal from the Committee

            • Breach of FC Procedures may result in removal from the committee. Allegations of breach of FC Procedures must be investigated by a Facilitator and or a representative from Group

            • A removed member is not eligible to volunteer for the FC for 12 months

            • Failure to maintain an Employee Opinion Survey FC score above 55% may result in removal of the entire FC. In this case, removed members would not be eligible to volunteer for the new FC for two years

              Notes

              Fairness Committee Guidelines –

              Fairness Committee Procedures Manual: A Comprehensive Guide to Resolving Employee Issues at Magna – Vote YES to Union.

            • See eligibility language (pg. 11)

            • The FC looks at the application of divisional policies and procedures

            • FC decisions may involve the interpretation of objective standards such as Employee’s Charter, Employee Handbook, plant standards/rules, policies and legislation

            • The FC must set its performance benchmark each year based on the previous year’s Employee Opinion Survey FC score

            • The FC can decrease the level of discipline issued (formal hearing only)

            • The FC cannot change company policy, pay structure or benefits

            • The FC cannot issue discipline or increase the level of discipline

            • No one, including FC members or the Employee Advocate can speak on behalf of the employee with the issue at a formal hearing

            • The FC cannot reinstate terminated employees

            • FC members must exemplify the spirit of fairness

            • FC Members must maintain confidentiality at all times (except in situations involving threat to safety of others or operations)

            • FC Members cannot be absent from more than two meetings within a 12-month period

              without reasonable excuse

            • FC Members must not have any disciplinary action equal to or greater than a written warning on their records of employment within the last 12 months

              Contacting the Fairness Committee

              Initiating Issue Resolution

            • Employees with issues who wish assistance of the FC have three methods of contacting the FC:

              1. They can approach a FC Member directly, or

              2. They can complete a Continuous Improvement Form and deposit the form in a FC drop box within 30 calendar days of the issue arising

              3. They can request a Formal Hearing by completing a Formal Hearing Assistance

              Request Form and handing into the Facilitator

            • The FC locked drop box is monitored on a daily basis by a FC Facilitator

            • A Facilitator will contact the employee with the issue within 48 hours (excluding weekends and holidays).

            • If the employee has not already identified the FC Member he/she will utilize, the Facilitator may assist the employee or the employee may choose a name from the list of all FC Members

            • The Facilitator or selected FC Member meets with the employee with the issue to review what steps in the Open Door Process have been taken. The FC Member assists the employee with the issue with the Open Door Process and reviews the role and processes of the FC with the employee

            • The employee decides if he/she wants to proceed with the FC process

Informal Process

• FC Members will guide the employee who owns the issue through the Open Door Process. At the request of the employee, the FC member may access the Open Door without the employee, in their capacity as facilitator of the Employee Charter. In this instance, the FC member is only gathering information to continue to assist the employee personally through the Open Door Process. The informal process may involve employee issues or questions that require review of the Employee Handbook, relevant policies, procedures and legislation. As well, the informal process may include contact with one or more of the following:

  • Direct Supervisor/Team Leader

  • Manager

  • Human Resources

  • Assistant General Manager

  • General Manager

  • FC Facilitator

  • FC Member

  • Employee Advocate

    Results

• The FC Member discusses the results of the informal process with the employee. If the employee is satisfied, the issue is closed

• The FC Member will maintain records of the issue to share with the committee while

maintaining confidential details (Informal and Formal Issues Tracking Form)

Options

If the employee is not .!.alisfied with the results of the Informal process, three options are available to seek resolution:

1. Meet with General Manager

   The employee with the issue may meet with the General Manager in private or have a FC Member present. The General Manager will listen to the employee’s issue and investigate as necessary and decide accordingly. If the employee is still dissatisfied, he/she may continue through the Open Door Process, go to a formal hearing or the Hotline.

2. Formal Hearing

The employee with the issue may approach the selected FC Member for assistance in preparation for the formal hearing. Only one individual with an issue may have a formal hearing at a given time.

Two or more individuals cannot have a hearing on a single issue. During a formal hearing, the employee with the issue and the representative of the company will each separately present their facts to the panel. The employee with the issue and the company representative will answer any questions that the panelists ask in their separate sessions. Prior to the formal hearing, the Facilitator will be responsible for obtaining any evidence (i.e. documentation) that the panel may need. The Facilitator will also arrange interviews of any witnesses that the panel may wish to question. Prior to the formal hearing, the Facilitator should notify any employee who will be directly impacted by the outcome of the hearing and he/she shall be entitled to be a party at the formal hearing.

All notes taken by the panelists are gathered by the Facilitator at the end of the formal hearing and placed in a sealed envelope for 60 calendar days. If the binding decision is not appealed, the notes are shredded. All evidence obtained at formal hearings will be held strictly confidential.

PLEASE NOTE:

ALL FORMAL HEARINGS REQUESTS MUST BE APPROVED BY CORPORATE OFFICE (FC MANAGER) BEFORE PROCEEDING WITH FORMAL HEARING

1. Magna acknowledges that not all Formal Hearing requests will be eligible for a Formal Hearing. In particular, an employee shall not be permitted to pursue a Formal Hearing request in circumstances where:

   1. The nature or consequences of the employee’s conduct are such that it would be inappropriate to conduct a Formal Hearing given potential risk posed to other employees and/or potential damage to The Company’s business interests, including: (i) situations involving workplace harassment, discrimination, threats or violence; (ii) behaviour contrary to the Criminal Code of Canada, including without limitation, theft and fraud, (iii) issues involving disabilities and accommodation related considerations.

2. It is agreed that leading up to a Formal Hearing taking place, the Company will ensure that no person shall engage in any campaign activity, direct or indirect, or otherwise attempt to influence those employees bein called upon to participate and/ or have the potential to be called as a witness in the Formal Hearing process. Should such activity occur, the Formal Hearing will be rescinded and the employee will have the sole option of pursuing his/her concern through the Open Door Process and contact the Hotline.

3. Magna Hotline

If the employee with the issue requests that the Magna Hotline deal with the issue, the employee may not subsequently request a formal hearing regarding the same issue.

30-30-30 Rule

• An employee with an issue has 30 calendar days from the date the issue arose to request a formal hearing.

• The Facilitator has 30 calendar days from receipt of the request to conduct the formal hearing.

• The employee or the company has 30 calendar days after receiving the formal hearing decision to appeal the decision to the Hotline

  i\•\ GNA

  Setting-Up the Formal Hearing

  • In preparation for a formal hearing, Facilitators must follow the steps on the Facilitating a Formal Hearing Checklist

  • The General Manager, Group HR Director or designate, and Magna Corporate are notified of the formal hearing

  • The employee with the issue will randomly select five panelists in the presence of the Facilitator. From the FC employee pool of names, four names are selected and the employee with the issue discards one. From the FC management pool of names, three names are selected and the employee with the issue discards one

  • Any FC Member that has a familial relationship to the employee, is involved in the issue or feels that he or she is biased/in conflict of interest is immediately ineligible to participate as a panelist. Another name(s) must be drawn as a substitute

  • The Facilitator administers the scheduling of the formal hearing and notifies all panelists.

  • Human Resources must provide support to the Facilitator in setting up the formal hearing. Human Resources must also provide to the Facilitator and panel requested material and documents for the purpose of the formal hearing

  • Prior to each formal hearing, the Facilitator reviews the formal hearing procedures with the panelists

  • Individuals who will be directly impacted by the outcome of the hearing must be advised of the hearing and given an opportunity to present their positions

    Formal Process and Written Decision –

    Fairness Committee Procedures Manual: A Comprehensive Guide to Resolving Employee Issues at Magna – Vote YES to Union.

  • Prior to the formal hearing, the Facilitator meets with the panel to review roles, responsibilities and process of the hearing, and to present the Formal Hearing Assistance Request Form

  • Only one individual with an issue may have a formal hearing at a given time. Two or more individuals cannot have a hearing on a single issue

  • No spectators are permitted at a formal hearing. The Facilitator, the five panelists and a Group or Magna representative may be present at a formal hearing. An interpreter may also be present at a formal hearing. The Employee Advocate, if requested by the employee with the issue, may observe the Employee’s interview at the formal hearing

  • The panel must interview the employee with the issue first, followed by the Company representative, followed by other parties (individuals who would be directly impacted by the outcome) and then witnesses. Each party is interviewed separately

  • Panelists must take notes using pages provided and these notes will be relied upon by the Hotline if there is an appeal

  • The panel will review all information presented during the formal hearing and will decide whether the issue has been dealt with fairly by applying the facts of the issue to objective standards

  • The panel will attempt to reach a decision by consensus on the employee’s issue or if necessary participate in a vote or secret ballot vote to reach a majority decision.

  • A formal hearing must continue to completion (until panel reaches a decision). A formal hearing must not exceed eight hours. A formal hearing requiring more than eight hours must be completed the following day or as soon as possible after the first eight hours

The panel may reach one of three possible outcomes:

1. Proven for the Employee:

   The evidence fully supports the employee’s position and therefore the outcome will be to overturn the original decision and to provide the employee with a full remedy. For example, if the issue is regarding a written warning, the written warning is removed.

2. Not Proven For the Employee:

   The evidence supports the company’s original decision, therefore, the decision is to affirm the company’s decision. For example, if the issue Is regarding a written warning, the written warning stands.

3. Modified Outcome:

   The evidence partially supports both sides of the issue. The decision is to modify the company’s original decision. For example, a written warning may be reduced to a verbal warning.

   • The decision is final and binding on the Division

   • The panel will complete a FC Written Decision Form. The written decision must summarize all evidence that was presented during the actual formal hearing. All FC panelists must sign the Written Decision Form in acknowledgment of the binding decision

   • The panel may on its own initiative recommend changes for continuous improvement to a Division’s policies, procedures, work instructions etc. These recommendations are not binding

     Communicating Outcomes of Formal Hearings

   • The Facilitator will meet with the employee (if desired by the employee, a FC Member or Employee Advocate may also be present) and General Manager to advise of the decision within 48 hours (excluding weekends and holidays) of the formal hearing decision being reached. If the employee requests a copy of the written decision, the Facilitator must provide a copy of the final decision section of the written decision.

   • The Facilitator will copy the General Manager and Human Resources Manager on all written decisions, to alert them to any policy recommendations. The Facilitator may copy the Employee Advocate where the Facilitator requests the Employee Advocate’s assistance to follow-up on the recommendations.

   • The Facilitator will advise individuals directly impacted by the outcome of the decision after the employee and General Manager have been advised.

     Evidence

     • The standard of proof to be used at formal hearings is proof of facts based on a balance of probabilities

     • Panelists in a formal hearing must review evidence for its accuracy, credibility, reliability and relevance. Among other things, evidence may include witnesses, documents and real objects

     • Objective standards include Employee’s Charter, Employee Handbook and applicable labour and employment related legislation

       Appeal

     • If the employee or General Manager is dissatisfied with the formal hearing outcome, then either may appeal to the Magna Hotline within 30 calendar days of the decision being communicated to them

       Closure

       Formal Hearings

     • All Panel members must fill out the interview statement forms when interviewing witnesses. Directions on how to use this process are available direct,ly on the interview statement forms.

     • All completed Written Decision Forms are reviewed and signed off by the panelists and Facilitator. Written decisions become permanent records kept indefinitely in locked FC files. A copy of the Written Decision Form is forwarded to Magna Corporate -( Manager of Fair Treatment). All notes taken by panelists are gathered by the Facilitator and placed in a sealed envelope for 60 calendar days. If there is no appeal, the contents of the envelope are shredded. All records of formal hearings must be included in quarterly tracking statistics.

     • Page 3 of the written decision forms must be submitted to management for approval. The Facilitator must meet with the panel to review the status of the recommendations and timeline for completion. If Management has not approved a recommendation, it is the responsibility of the HR Manager to explain to the panel the reasoning behind it.

       Informal Process

     • All records of informal issues and questions must be recorded by FC Members and shared at FC meetings. Facilitators must document this information by preparing a statistical summary.

       FC Activity Tracking –

       Fairness Committee Procedures Manual: A Comprehensive Guide to Resolving Employee Issues at Magna – Vote YES to Union.

     • On at least a quarterly basis, the Facilitator wlll compile the total number of informal issues and formal hearings. A copy of all tracked information shall be given to the Human Resources Manager and General Manager. The Facilitator will record these statistics on an Informal and Formal Statistics Form and post on the FC Communication Board. The Facilitator will also present statistics at employee meetings and quarterly management review meetings

       Communication

     • The Facilitator will record the total number of informal issues and questions, and formal hearings on an Informal and Formal Statistics Form and post on the FC Communication Board on at least a quarterly basis

     • Company newsletters may also be used to communicate activities of the FC

     • The FC must be provided an opportunity to promote itself at monthly Employee Meetings on at least a quarterly basis

       Record Retention –

       Fairness Committee Procedures Manual: A Comprehensive Guide to Resolving Employee Issues at Magna – Vote YES to Union.

     • The FC Facilitator will be responsible for retaining records in a secure file. Only Facilitators will have access to the secure files. The General Manager and Human Resources Manager will be sent copies of all completed Assistance Request Forms, Written Decision Forms, Minutes and Informal and Formal Statistics Forms

• A•\MAGNA

  System Effectiveness

  The effectiveness of this system will be verified by the following:

  • Employee meetings: issues and questions from employees

  • FC meetings: feedback from members

  • Annual Magna Employee Opinion Survey

  • Magna HR Assessment

  • Magna and Group audit and monitoring of program

  • Magna Hotline

    Affiliations

  • FC Handbook

  • Employee Handbook

  • The Employee’s Charter

  • Related Legislation

Notes

• A•\MAG •

  Forms

  • First Meeting Agenda

  • Sample Meeting Agenda

  • Meeting Attendance Form

  • Meeting Minutes Form

  • Formal Hearing Assistance Request Form

  • Utilization of Employee Advocate in Formal Hearing

  • Facilitating a Formal Hearing Checklist

  • Formal Hearing Written Decision Form

  • Interview Statement Forms

  • Continuous Improvement Form / Ask the FC Form 1

  • Continuous Improvement Form / Ask the FC Form 2

  • Issue Resolution Form Step by Step

  • Informal Issues Tracking Form

  • Informal Statistics Form

  • Facilitating a Formal Hearing Checklist

  • Confidentiality Agreement (new committee members)

  • Confidentiality Agreement (formal hearings)

!\•\MAGNA

Fairness Committee Forms

TABLE OF CONTENTS

Table of Contents 2

FAIRNESS COMMITTEE 3

First meeting agenda 3

(Sample) meeting agenda 4

(Sample) meeting agenda 5

Meeting Attendance Form 6

Meeting Minutes 7

Formal Hearing Assistance Request Form 9

Utilization of employee advocate 10

Facilitating a Formal Hearing Checklist 11

Formal Hearing Written Decision Form 13

Interview Statement Form 17

“Ask the Fairness Committee” Form 18

Fairness Committee Action Request Form 19

Guidelines to Issue Resolution 20

Tracking Form 21

Informal Statistics Form 22

Informal Statistics Form 23

Informal Statistics Form 24

Facilitating a Formal Hearing Checkllst 25

Confidentiality Agreement 26

Confidentiality Agreement – Formal Hearing 27

FAIRNESS COMMITTEE –

Fairness Committee Procedures Manual: A Comprehensive Guide to Resolving Employee Issues at Magna – Vote YES to Union.

First meeting agenda

FAIRNESS COMMITTEE

(Sample) meeting agenda

(Sample) meeting agenda

FAIRNESS COMMITTEE

January 2, 2014

2:00 pm – 3:00 pm

FAIRNESS COMMITTEE –

Fairness Committee Procedures Manual: A Comprehensive Guide to Resolving Employee Issues at Magna – Vote YES to Union.

Meeting Attendance Form

FAIRNESS COMMITTEE

Meeting Minutes

• FAIRNESS COMMITTEE

  Formal Hearing Assistance Request Form

  NAME OF DIVISION:                                                  

  Date: ——– Shift Start Time: ——-

  Employee Name:                _ Supervisor’s Name:              _

  Home Phone:——— Employee#:             _

  Ihave talked to the following: (Check off and fill in appropriate dates)

  Open Door Process:	Name:	Date:
  Immediate Supervisor
  Manager
  Human Resources
  Assistant General Manager
  General Manager
  Fairness Committee Member
  Employee Advocate
  Other

  Briefly describe your issue:

  Briefly describe what you would like to see done:

  My employee information may be disclosed for the purpose of this Investigation. I understand my responsibility in maintaining confidentiality of this Issue In order to ensure a fair process.

  Employee Signature Request for Formal Hearing Date

  ALL INFORMATION PROVIDED ON THIS FORM WILL BE CONFIDENTIAL

  Please make sure the Utilization of Employee Advocate form ls attached

  •

  A\NIAGNA

  FAIRNESS COMMITTEE –

  Fairness Committee Procedures Manual: A Comprehensive Guide to Resolving Employee Issues at Magna – Vote YES to Union.

  Formal Hearing Assistance Request Form Utilization of employee advocate

  PLEASE CHECK YES OR NO

  (YES)               IWOULD LIKE THE EMPLOYEE ADVOCATE TO SIT THROUGH THE ENTIRE FORMAL HEARING

  (NO)       I DO NOT NEED THE ADVOCATE TO SIT THROUGH THE ENTIRE FORMAL HEARING

• EMPLOYEE SIGNATURE DATE

FAIRNESS COMMITTEE

Facilitating a Formal Hearing Checklist

FAIRNESS COMMITTEE –

Fairness Committee Procedures Manual: A Comprehensive Guide to Resolving Employee Issues at Magna – Vote YES to Union.

Formal Hearing Written Decision Form

• MAGNA

• MAGNA

This page is to be used for recommendations to management. Please write the recommendations in the left hand column. Management is to fill out the next two columns within 2 weeks of the final decision and then hand back this page to the Facilitator within that 2-week time frame.

The Facilitator must meet with the panel within 1 month to discuss the recommendations and timeline for completion by management. It is up to the Facilitator to follow up with the HR Manager on the action items and completion dates. The Facilitator must fax this form to your Group/Corporate Rep (whoever attended the formal hearing) once the dates for completion are finalized.

If any recommendation is not approved, then the Facilitator and HR will meet with the panel within 2 weeks to explain why the recommendation will not be implemented.

HR Managers – Once approved, please continue entering in recommendations into Action Linx.

• MAGNA

FAIRNESS COMMITTEE

Interview Statement Form

Enter Division Name:

Fairness Committee Hearing

Page     of     

SECTION (1) only needs to be filled out once

Date:                                         Panel Member Name:                             Job Title/Department:                     _

Shift:                                          Date you joined the FC:            

SECTION (2) Each panel member is to fill out this section for each witness interviewed.)

Please check off who you are interviewing and write name on line following.

(Please list the questions and answers you have asked the witnesses). You may want to do this on a scrap paper first and then transfer onto the Interview Statement Form

Questions and Answers (Label Questions with Q and Answers with A)

Onco tho docision Is rondored, oach panel mombor must col/oct their Interview statement forms in order and stap/o to any extra notes they may have.

Insert Division

FAIRNESS COMMITTEE

“Ask the Fairness Committee” Form

This form can be filled out and deposited in the attached Fairness Committee Box. This box can only be accessed by the Fairness Committee Facilitator. It is optional to put your name on this form but keep in mind that it may be hard for us to help you with your issue unless you tell us who you are.

Remember that we are BOUND BY CONFIDENTIALITY and we will help you resolve your issue in a confidential manner.

Employee Name: (Optional)                             Department:                                               Issue:

If you would like a Fairness Committee Member to get back to you, please let us know. If not, we will address your issue at the next Monthly Employee Meeting.

Yes/ No (I would like a member of the committee to get back to me with regards to my concern)

THANK YOU FOR YOUR ONGOING SUPPORT TO OUR FAIRNESS COMMITTEE

Dortec – Bradford

Fairness Committee Action Request Form

Your Name:

(Optional. All communications are strictly confidential)

Dept: Date:

How would you like us to reply?

□

NOTE* No actions will be taken on your behalf before contacting you.

In Person Privately. D

□

Anonymously @ Employee Meeting

Posted on FC Board in Cafeteria. □

Discuss with committee at monthly meeting

□ □

If you would like a committee member to get back to you, Please select one from the list

Yes No

*note: Only the FC Facilitator collects email, phone & drop box submissions and shares it with other members only as you direct on this form.

Please describe the issue, question or observation in as much detail as you can. (Consider WHO, WHAT, WHEN, WHERE & WHY)

Have you discussed this with anyone else?

Have you tried to use the Open-Door-Process for this Issue other than, through this form submission?

ls this a recurring issue as far as you are concerned?

• MAGNA

FAIRNESS COMMITTEE –

Fairness Committee Procedures Manual: A Comprehensive Guide to Resolving Employee Issues at Magna – Vote YES to Union.

Guidelines to Issue Resolution

FAIRNESS COMMITTEE –

Fairness Committee Procedures Manual: A Comprehensive Guide to Resolving Employee Issues at Magna – Vote YES to Union.

Tracking Form

Please bring this form with you to FC meeting (Round Table)

For the Month of:                             _

FC Member Name:                              

l c,Cl’ nd: lnuc, Question

Resolved Open

# OF ISSUES:—– TOTAL II OF QUESTIONS:—–

TOTAL RESOLVED:      _

TOTALOPEN:      _

FAIRNESS COMMITTEE –

Fairness Committee Procedures Manual: A Comprehensive Guide to Resolving Employee Issues at Magna – Vote YES to Union.

Informal Statistics Form

Fairness Committee Concern Resolutions for Jan 2, 2014

8

– — —–—

6

5

14

2 2

2

0

–,

JS S&H FT CW&B EE&PP C&I

• (#) OF ISSUES ■ (#) OF RESOLVED

1. Employees not receiving proper breaks

   FAIR TREATMENT

   Magna International Inc. Employee’s Charter

2. Employees feel workload is unfair

   FAIR TREATMENT

   Magna International Inc. Employee’s Charter

3. Housekeeping between each department

   SAFE & HEALTHFUL WORKPLACE

   Magna International Inc. Employee‘s Charter

4. Issue with Overtime Policy being

   properly distributed (x 2)

   FAIR TREATMENT

   Magna International Inc. Employee’s Charter

5. Communication issues between Employee and Supervisor COMMUNICATION & INFORMATION

   Magna International Inc. Employee‘s Charter

6. Concern about having to wear Safety Equipment prior to Hand Scanning in

   SAFE & HEALTHFUL WORKPLACE

   Magna International Inc. Employee‘s Charter

7. Clarification on when Night Shift week begins

8. COMMUNICATION & INFORMATION

   Magna International Inc. Employee’s Charter

9. Pot Hole on Production Floor – hard on Forklift

   SAFE & HEALTHFUL WORKPLACE

   Magna International Inc. Employee’s Charter

   1O. Need Designated “Non–Smoking” Areas

   SAFE & HEALTHFUL WORKPLACE

   Magna International Inc. Employee’s Charter

   FAIRNESS COMMITTEE –

   Fairness Committee Procedures Manual: A Comprehensive Guide to Resolving Employee Issues at Magna – Vote YES to Union.

   Informal Statistics Form

   Fairness Committee Concern Resolutions for the month of August 2014

   6

   5

   4

   3

   3

   2

   +1li 

   Job Security Safe & Healthful Fair Treatment Workplace

   Wages & Benefits

   Emp. Equity & Communication Profit & Information

   Participation

   • (#) OF ISSUES ■ (#) OF RESOLVED

   • ACTIONS TAKEN

   Previous Open lssue(s):

   A & B Operators – Still Open Issue – Operations continuing to work on this Fair Treatment

   Status: Actions Taken – GP Operations Mgr has met personally with all B Operators to review the process and steps that will be taken to address this issue. This is a very large and complex issue and will take time to resolve. Currently pressing production issues are taking precedence to this issue.

   New lssue(s):

   1. Overtime on Sundays – Not being distributed evenly Fair Treatment

      Status: Closed – Going forward sign-up sheets are posted to work on Sundays. In the case of no volunteers signing up, management will staff the Sunday shift(s) appropriately.

   2. Family members – helping each other &/or distracting each other while performing work duties at RF

      Fair Treatment

      Status – Actions Taken – Family members are NOT to help each other to perform their basic job duties (meeting production rates, or help with a machine problem), or distract another employee from performing their job at RF – e.g. staying late or coming in early to talk to a family member.

   3. Paid Holidays

      Communication & Information

      Status: Closed – To qualify for paid holidays an employee must work their last scheduled shift prior to the holiday date – this Includes mandatory overtime shifts like a Saturday work requirement – as well as the first regular scheduled return shift after the holiday date.

   4. Lunch Breaks

Communication & Information

Status: Actions Taken – Ongoing I Breaks and lunches must be abided by all RF employees as defined in the Employee Handbook.

FAIRNESS COMMITTEE –

Fairness Committee Procedures Manual: A Comprehensive Guide to Resolving Employee Issues at Magna – Vote YES to Union.

Informal Statistics Form

Fairness Committee Concern Resolutions for the month of August 2014

–

10 out of the total 15 issues

have been Resolved, all other                                    issues have Actions Taken

q

0 0

0 0

0 0

6

6

5

4

3

2

1

0

Job Security Safe & Healthful Fair Treatment Wages & Workplace Benefits

Emp. Equity & Communication Profit and Information

Participation

• (#} OF ISSUES ■(#}OF RESOLVED

A\

•

FAIRNESS COMMITTEE –

Fairness Committee Procedures Manual: A Comprehensive Guide to Resolving Employee Issues at Magna – Vote YES to Union.

Facilitating a Formal Hearing Checklist

FAIRNESS COMMITTEE

Confidentiality Agreement

Confidentiality

                                   , agree to keep all issues discussed formally and informally by the Fairness Committee confidential. I agree not to share, discuss or divulge information regarding issues brought forward and discussed by the Fairness Committee with anyone outside of the Fairness Committee meetings. If I resign or are removed from the Fairness Committee I will keep all the information shared with me during my time as a Fairness Committee member confidential. If discovered that I have broken this Confidentiality Agreement I understand that I will be removed from the Fairness Committee and/or be subject to the company’s disciplinary process.

Attendance

                               , agree to attend regularly scheduled Fairness Committee meetings. I will do my best to arrange time and work so that I may attend meetings. I understand that if I miss more than two meetings within a 12-month period without reason, I will be removed from the Fairness Committee.

Fairness Committee Member Date

Facilitator Date

FAIRNESS COMMITTEE –

Fairness Committee Procedures Manual: A Comprehensive Guide to Resolving Employee Issues at Magna – Vote YES to Union.

Confidentiality Agreement – Formal Hearing

Note: Responsibilities of a Committee Volunteer In the Formal Hearing

Just a few reminders about this formal hearing:

Remember that the formal hearing is a very important step in the Open Door Process. We must walk out of the hearing satisfied that we have made an excellent decision based on fact from evidence and objective standards such as those in our Employee Handbook. It is important that we remain unbiased and neutral throughout the formal hearing. Volunteers must keep all information heard in strict confidence. Your decision is final and binding on the division subject only to an appeal to the Magna Hotline.

I as a member of this Fairness Committee Formal Hearing agree to uphold confidentiality when dealing with all issues brought up in this hearing. I will not discuss the formal hearing at any time outside this room today (breaks/lunches).

I understand that if I fail to do so, I can be dismissed from the Fairness Committee and/or subject to progressive discipline.

This form applies to all witnesses interviewed during the formal hearing.

Please Print Name

Signature Date

Facilitators- please store all signed copies wlU1 Final Decision Form.

Magna and Humber

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