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BUSN 3350 > ch 16: labour relations > Flashcards

ch 16: labour relations Flashcards

1
Q

describe the labour union

A
  • an officially recognized body representing a group of employees who have joined together to present a collective voice in dealing with management
  • primary goal is to obtain economic benefits and improve the treatment of members
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2
Q

what are some organizational strategies regarding unions?

A
  • union acceptance = strategy views unions as legitimate representatives of employees
  • union avoidance = strategy believes it is preferable to operate a nonunionized environment
  • union substitution = approach treats employees so they have no incentive to unionize
  • union suppression = approach avoids unions at all costs
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3
Q

what are labour-management relations?

A

The ongoing interactions between labour unions and management in organizations.

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4
Q

what is a collective bargaining agreement (union contract)?

A

A formal agreement between an employer and the union representing a group of employees regarding terms and conditions of employment.

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5
Q

what is collective bargaining?

A

Negotiations between a union and an employer to arrive at a mutually acceptable collective agreement.

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6
Q

what is a bargaining unit?

A

The group of employees in a firm, a plant, or an industry that has been recognized by an employer or certified by a labour relations board (LRB) as appropriate for collective bar­ gaining purposes

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7
Q

what is business unionism?

A

The activities of labour unions focusing on economic and welfare issues, including pay and benefits, job security, and working conditions.

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8
Q

what is social (reform) unionism?

A

Activities of unions directed at furthering the interests of their members by influencing the social and economic policies of governments at all levels, such as speaking out on proposed legislative reforms

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9
Q

what is a labour relations (LR) strategy?

A

A component of an organ­ ization’s HR strategy that is specific to the overall plan for dealing with unions, which sets the tone for its union–management relationship.

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10
Q

why do workers organize?

A
  • belief that only a union can get them their fair share
  • protection from arbitrary whims of management
  • low morale and fear of job loss
  • poor communication and employee relations
  • union agreements are legally binding
  • belief in the power imbalance between management and employees
  • belief in the power of numbers
  • poor employee engagement
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11
Q

what are different types of union security?

A
  • rand formula
  • closed shop
  • open shop
  • union shop
  • modified union shop
  • maintenance-of-membership
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12
Q

what is the rand formula?

A

a compromised agreement that does not require membership but requires payment of dues

  • the most popular union security arrangement
  • a compromise arrangement that recognizes the fact that the union must represent all employees in the bargaining unit and should therefore be entitled to their financial support, but also provides the choice to join or not join the union
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13
Q

what is a closed shop?

A
  • restrictive and only members in good standing may be hired to perform work
  • This type of security clause is common in the construction industry.
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14
Q

what is an open shop?

A

operates on voluntary membership

  • a type of security arrangement whereby union membership is voluntary and nonmembers are not required to pay dues
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15
Q

what is a union shop?

A

membership and dues are mandatory conditions of employment

  • they are required to join the union on the day on which they commence work or on completion of probation
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16
Q

what is a modified union shop?

A

does not oblige membership after certification but employees must pay dues

  • all subsequently hired employ­ees must do both
  • the individuals who were bargaining unit members at the time of certification or when the collective agreement was signed are not obliged to join the union, although they must pay dues
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17
Q

what is maintenance-of-membership?

A

voluntary during the term of a contract

  • must remain members during the term of the contract
  • Membership with­ drawal is typically permitted during a designated period around the time of contract expiration.
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18
Q

describe the impact of unionization on HRM

A
  • collective agreements result in changes in HRM
    • responsibilities may be divided into industrial relations and employee relations
  • management has less freedom to make unilateral decisions
  • increased responsibilities for HR
  • requires more written records due to critical documentation for possible grievances and arbitration
  • All HR policies must be consistent with the terms of the collective agreement
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19
Q

what are different types of work unions?

A
  • craft union
  • industrial unions
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20
Q

what are craft unions?

A

where people perform a certain type of job, skill, or trade (ex: nurses or teachers)

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21
Q

what are the characteristics that the labour unions in Canada can be classified?

A
  • type of worker eligible for membership
  • geographical scope
  • labour congress affiliation
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22
Q

what is an industrial union?

A

union for all workers in a particular company or industry irrespective of the type of work performed

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23
Q

describe geographical scope

A
  • head offices in other countries, usually the US
  • labour congress affiliations with central labour organization
  • small localized unions
  • Labour unions with head offices in other countries (most often the United States) that charter branches in both Canada and one or more countries are known as international unions
  • Labour unions that charter branches in Canada only and have their head office in this country are known as national unions
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24
Q

what does the central organizations include for labour congress affiliation?

A
  • canadian labour congress (CLC)
  • confederation des syndicats nationaux (CSN)
  • american federation of labout and congress of industrial organizations (AFLCIO)
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25
Q

describe membership trends

A
  • causes of decline:
    • decrease of employment in highly unionized industries
    • more effective HR practices in nonunionized firms
  • causes of upward trend:
    • global competition
    • demographics - labour shortages
    • unionization of white-collar employees
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26
Q

what is a union steward?

A

A union member elected by workers in a particular depart-ment or area of a firm to act as their union representative.

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27
Q

describe global competition

A
  • employers are being forced to become more militant and unions are struggling to maintain their influence at the bargaining table
28
Q

describe demographics -labour shortages

A
  • The focus of union collective bargaining efforts must align with the workplace demographics
  • Retention concerns may make employers more willing to offer job security in exchange for promises of productivity and flexibility from unions.
29
Q

describe unionization of white-collar employees

A
  • Difficulties in attempting to resolve griev-ances and lack of job security have led to increased interest in unionization among white-collar workers.
  • Since these jobs tend to have more women and young people than manufacturing jobs, unions are now focusing more on work–family issues as well as the health and safety risks associated with white-collar jobs
30
Q

what are the main purposes of Canada’s labour laws?

A
  • provide common set of rules for fair negotiations
  • protect public interest by preventing impact of labour disputes from inconveniencing the public
31
Q

what are the labour relations legislations?

A
  • set union cettification, strike, and lockout procedures
  • set minimums for collective agreements
  • set requirements for binding arbitration in disputes
  • prohibit unfair practices by labour and management
  • requires establishment of labour relations boards
32
Q

what are the steps of the labour relations process?

A
  1. desire for collective representation
  2. union organizaing campaign
  3. union recognization
  4. collective bargaining
  5. contract administration grievances
33
Q

describe step 1 (desire for collective representation) of the labour relations process

A
  • dissonance-based reasons = desire to join union due to conflict between expectations of work and work experiences
  • utility-based reasons = based on rational calculation of cost and benefits of joining a union
  • political-ideological reasons = individual’s beliefs may influence their understanding of and desire for collective versus individual negotiation of employment terms
  • dissatisfaction alone will not lead to unionization
34
Q

what is dissonance-based reasons for collective representation?

A

The desire to join a union due to a conflict between expec-tations of work and work experiences.

35
Q

what is utility-based reasons for collective representation?

A

A decision to join a union based on a rational calculation of the costs and benefits of joining a union.

36
Q

describe step 2 (union organizing campaign) of the labour relations process

A
  • employee/union contact
    • gather information about employees’ sources of dissatification
  • initial organizational meeting
    • organizing meeting to identify employees to help in campaign
  • formation on an in-house organizing committee
    • comprises a group of employees who are dedicated to the goal of unionization and who are willing to assist the union organizer
  • the organizing campaign
    • present case to employees; encourage signing of authorization card
    • authorization card: A card signed by an employee that indicates his or her will­ ingness to have the union act as his or her representa­ tive for purposes of collective bargaining
  • outcomes - rejection or certification
37
Q

what are some employer responses to organizing campaigns?

A
  • campaign to counteract union drive
  • inform supervisors what they can and cannot say
  • obtain background information about union
  • communication strategies to remind employees about company’s good points
  • employers have the right to:
    • express their views on unions; prohibit distribution of union literature on company property
    • increase wages, make promotions, or other HR actions
    • State their position regarding the desirability of remaining non­unionized
    • Prohibit distribution of union literature on company property on company tim
38
Q

describe step 3 (union recogntion) of the labour relations process

A
  • voluntary recognition = employer voluntarily recignizes union; fairly rare
  • regular certification = union demonstrates high level of support; LRB grants certification
    • The minimum level of support required to apply for certi­ fication varies by jurisdiction
    • Eligible employees have the opportunity to cast a secret ballot, indicating whether or not they want the union to be certified
  • pre-hearing votes = used when unfair labour practices are used in the organizing campaign; LRB may order a vote
    • The intent is to determine the level of support for the union as quickly as possible, before the effect of any irregularities can taint the out­ come.
  • termination of bargaining rights = workers apply for decertification in cases where union has failed to produce, or if members are dissatisfied
39
Q

what is certification?

A

The procedure whereby a labour union obtains a cer­ tificate from the relevant LRB declaring that the union is the exclusive bargaining agent for a defined group of employees in a bargaining unit that the LRB considers appropriate for collective bargaining purposes

40
Q

what is a representaion vote?

A

A vote conducted by the LRB in which employees in the bargaining unit indicate by secret ballot whether or not they want to be represented, or continue to be represented, by a labour union

41
Q

what is a prehearing vote?

A

An alternative mechanism for certification used in situations in which there is evidence of violations of fair labour prac­ tices early in the organizing campaign

42
Q

what is decertification?

A

The process whereby a union is legally deprived of its official recognition as the exclusive bargaining agent for a group of employees

43
Q

describe the premise of step 4 (collective bargaining) of the labour relations process

A
  • plan bargaining strategy and process; assemble data
  • analyze other collective agreements and trends
  • review existing contract
  • conduct external wage and salary surveys
  • obtain input from management and union stewards
  • obtain company financial information
  • gather demographic information on membership
  • obtain input from members
  • make plans for possible strike or lockout
  • the process by which a formal collective agreement is estab-lished between labour and management
44
Q

describe collective bargaining: negotiations

A
  • set location, frequency, and duration of meetings
    • Each side generally has another room in which intra­team meetings, known as caucus sessions, are held
  • establish climate in initial bargaining session
    • the first meeting is devoted to an exchange of demands and the establishment of rules and procedures that will be used during negotiation
  • parties argue for demands in subsequent sessions
    • both are looking for compromise alternatives (bargaining zone)
    • distributive bargaining = win-lose strategy
    • integrative bargaining = win-win solution
45
Q

describe collective bargaining: negotiations

A
  • set location, frequency, and duration of meetings
    • Each side generally has another room in which intra­team meetings, known as caucus sessions, are held
  • establish climate in initial bargaining session
    • the first meeting is devoted to an exchange of demands and the establishment of rules and procedures that will be used during negotiation
  • parties argue for demands in subsequent sessions
    • both are looking for compromise alternatives (bargaining zone)
    • distributive bargaining = win-lose strategy
    • integrative bargaining = win-win solution
46
Q

what is a caucus session?

A

session in which only the members of one’s own bar­gaining team are present.

47
Q

what is the bargaining zone?

A

The area defined by the bargaining limits (resistance points) of each side in which compromise is possible, as is the attainment of a settlement satisfactory to both parties.

48
Q

what is distributive bargaining?

A

A win–lose negotiating strategy in which one party gains at the expense of the other

49
Q

what is integrative bargaining?

A

A negotiating strategy in which the possibility of win–win, lose–win, win–lose, and lose–lose outcomes is recognized, and there is acknowledgement that achieving a win–win out­ come will depend on mutual trust and problem solving

50
Q

describe the contract approval section of step 4 in the labour relations procress

A
  • memorandum of settlement; summary of terms
    • A summary of the terms and conditions agreed to by the parties that is submitted to the constituent groups for final approval.
  • ratification of the settlement; may be required by law
  • Generally, final approval for the employer rests with the senior management team
51
Q

what are mutual gains (interest-based) bargaining?

A

A win–win negotiating approach based on training in the fundamentals of effective problem solving and conflict resolution, in which the inter­ ests of all stakeholders are taken into account.

52
Q

describe the collective bargaining: third-party assistance of step 4 of the labor relations process

A
  • concilation = intervetion of neutral thrid party to keep parties talking; no direct input
    • In all jurisdictions except Saskatchewan, strikes and lockouts are prohibited until third ­party assistance has been undertaken
  • mediation = voluntary use of neutral third party who has input on the process but cannot impose a settlement
  • arbitration = outside third party to investigate the dispute and impose a settlement
    • more informal than court proceedings
    • not bound by precedents
  • interest arbitration = legally mandate for workers who are not permitted to strike
    • work stoppages = during negotiations
    • strikes = temporary refusal to work during bargaining
    • boycott = economic weapon used by unions
    • lockout = temporary refusal of company to continue providing work
    • wildcat strike = spontaneous walkout, not official
53
Q

what is interest dispute?

A

A dispute between an organiza-tion and the union representing its employees over the terms of a collective agreement.

54
Q

what is arbitration?

A

The use of an outside third party to investigate a dispute between an employer and union and impose a settlement.

55
Q

what is interest arbitration?

A

The use of an outside third party to investigate a dispute between an employer and union and impose a settlement.

56
Q

what is a strike vote?

A

legally required in some juris-dictions, a vote seeking autho-rization from bargaining unit members to strike if necessary. A favourable vote does not mean that a strike is inevitable.

57
Q

what is a picket?

A

Stationing groups of striking employees, usually carrying signs, at the entrances and exits of the struck operation to publicize the issues in dis-pute and discourage people from entering or leaving the premises.

58
Q

what is a lockout?

A

The temporary refusal of a company to continue provid-ing work for bargaining unit employees involved in a labour dispute, which may result in closure of

59
Q

what is a wildcat strike?

A

A spontaneous walkout, not officially sanctioned by the union leadership, which may be legal or illegal, depending on its timing.

60
Q

describe collective bargaining: typical provisions in step 4 of the labour relations process

A
  • clarify scope of bargaining unit by specifying employee classifications; included and excluded (typically management excluded)
  • security clause protecting interests of the union
  • no-strike-or-lockout provision is required in every contract; applies while collective agreement is in effect
  • management rights clause clarifies areas in which management may exercise its exclusive rights
  • arbitration clause providing for final and binding settlement
61
Q

what is a union recognition clause?

A

Clarifies the scope of the bargaining unit by specifying the employee classifications.

62
Q

what is a union security clause?

A

The contract provisions protecting the interests of the labour union, dealing with the issue of membership requirements and often the payment of union dues

63
Q

describe step 5 (contact administration: grievances) of the labor relations process

A
  • grievances is a written allegation of contract violation
  • steps in grievance procedure provide a systematic deliberation of a complaint at progressively higher levels of authority
    • time limits provided for each step
  • rights arbitration
    • disagreement between an organization and the union regarding interpretation or application of clauses in current collective agreement
64
Q

what is seniority?

A

Length of service in the bargaining unit.

65
Q

what is grievance?

A

A written allegation of a contract violation filed by an individual bargaining unit member, the union, or management.

66
Q

describe a typical grievance procedure

A

BUSN 3350 (14 decks)

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