Ch.19 Employment and Labour Relations Pt2

Question 1

Labour Relations

Answer 1

Transition to unionized work environment is a major alteration in any business model
- Owners and managers negotiate with union:
-Terms of employment for unionized employees
-Restricted authority for management
-Binding principles for dispute settlement, discipline and seniority

If transition is mismanaged, can lead to extraordinary losses in production due to strikes or lockout

Question 2

Collective-Bargaining Legislation

Federal and provincial labour relations laws:

Answer 2

Remove collective bargaining relationship from Common Law and deal with it administratively

Jurisdiction of administrative tribunal:
- Selection of a union as bargaining agent
- Negotiation of collective agreement
- Resolution of disputes relating to negotiations
Rights and duties of employer, union, and employees are also set out

Question 3

Federal and provincial labour legislation

Answer 3

Controls labour unions and collective bargaining

Establishes labour relations board to administer law

Replaces use of economic power by unions and employers with an orderly process for:
- Selection of bargaining representative for employees
- Negotiation of collection agreements
- Use of strike or lockout prohibited or severely restricted

Question 4

Certification process

Answer 4

• process under labour legislation whereby a trade union acquires bargaining rights and is designated as exclusive bargaining representative of a unit of employees’

Question 5

Employees must establish someone to act on their behalf in negotiations with the employer

Answer 5

Employees can form their own group or call on one

Legislative process determines what amount of support required to have bargaining unit certified

Employer can voluntarily recognize the union, or fight

Union applies to labour relations board

Question 6

Bargaining unit

Answer 6

group of employees of an employer represented by a trade union recognized or certified as their exclusive bargaining representative - scope of unit is important

Legislation sets out who is exempt and cannot be represented by union

Question 7

The Negotiation Process

Answer 7

Process begins when certified union gives written notice to employer to begin bargaining

Upon receipt of notice:
Employee arranges to meet with union
Must bargain in good faith

Question 8

If agreement reached:

Answer 8

Must be in writing

Signed by employer and union representatives

Once approved by employees, becomes binding for term specified in agreement (usually 3-5 years)

Question 9

Third Party Intervention

Answer 9

Used when parties cannot reach an agreement

Assists parties by clarifying issues in dispute and taking active part in resolving conflict

Question 10

Intervention can be in form of:

Answer 10

Conciliation
Mediation
Fact-finding

Only when third-party intervention fails are parties permitted to strike or lockout
Employers usually cannot alter work conditions

Question 11

Strike

Answer 11

in a labour-relations setting, a cessation of work by a group of employees

Can also be a slowdown or concerted effort to restrict output

Lawful strikes – allowed when collective agreement not in effect and efforts to negotiate have failed
- All others strike are usually unlawful

Question 12

Lockout

Answer 12

employer refused of employee entry into the workplace because employer unwilling to continue on terms of old collective agreement

Question 13

Picketing

Answer 13

during lawful strikes and lockouts

Above and beyond just withholding services

Question 14

Primary picketing

Answer 14

physical presence of persons at or near the premises of another

Officially fo repurpose of conveying information to third parties (suppliers, customers, public_, sometimes unofficially to delay, intimidate

Question 15

Secondary picketing

Answer 15

picketing at other than the employer’s place of business (permitted if peaceful)

Question 16

Compulsory Arbitration

Answer 16

Strike or lockout not available to all employee groups when negotiations fail

Essential services - hospitals, firefighting, police

Question 17

Mandatory arbitration instead of strike/lockout:

Answer 17

Used to resolve issues that groups cannot settle

Used in final offers from the parties

Allows work to continue without interruption

Issues in dispute heard before an arbitration board

Parties bound by arbitrator’s decision

Less creative; more costly; needs reference points

Question 18

Collective agreement

Answer 18

def: agreement in writing, made between employer and certified union

Contains the terms and conditions under which work is to be performed

Sets out the rights and duties of the employer, the employees, and the union
Common terms or clauses:
- Employer recognizes union as bargaining agent
- No strike or lockouts during term of agreement
- Dispute settlement by arbitration

Question 19

Grievance procedure:

Answer 19

Collective agreements provide informal meetings between parties to style disputes (grievances) prior to arbitration

Involve progressively higher levels of management on both sides

Usually outlined as series of steps in collective agreement

After grievance procedure exhausted (and no settlement reached) - arbitration process invoked

Question 20

Arbitration

Answer 20

• process for settlement of disputes whereby an impartial third party or board hears the dispute

Makes a decision binding on the parties

Used to determine grievances arising out of collective agreement, e.g. dismissal of employees

Law sets out arbitration process if not included in collective agreement

Any dispute arising out of:
- Interpretation, application or administration of collecting agreement s matter for arbitration

Question 21

The Union-Member Relationship

Common clauses:

Answer 21

Closed shop clause

Union shop clause

Some jurisdictions have restrictions on refusal of membership or expelling members

Prevents arbitrary action by union against employees

Membership cannot be denied on the basis of race, creed, color, sex , nationality, place of origin, etc.

Rules of natural justice apply in dismissal of members

Question 22

Fairly represent

Answer 22

duty of union to represent its members in a fair and impartial manner

Must act in good faith and in a non-arbitrary, non-discriminatory manner towards members and representation of members

Duty extends to services provided by union

Most common in the grievance procedure
Does not require a union to carry every grievance arbitration