Chapter 10 Flashcards

1
Q

What are some laws governing labour relations?

A
  1. people have the right to join the union
  2. requirement of employer to recognize that union is representing employee
  3. Right of employee to strike, employer have the right to lock out workers if they are not respecting agreements
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2
Q

What are some requirements of collective agreements?

A
  • Union shop
  • Closed shop
  • Open shop
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3
Q

Why do employee unionize?

A
  • Requirement of collective agreements
  • Economic needs
  • Dissatisfaction with management
  • Social and status concerns
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4
Q

What does union shop mean?

A

If you are a new employee and you are applying, hired, required to join the union

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5
Q

What does closed shop mean?

A

You are not a candidate if you are not part of the union already. You won’t have a job if you are not part of the union => ex: construction industry

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6
Q

What is open shop ?

A

Employee has the choice

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7
Q

What are the 6 steps of employee being unionized?

A
  1. Employee/ union contact
  2. Initial meeting
  3. Formation of in-house committee
  4. Application to labour relations board
  5. Insurance of certificate by labour relations board
  6. Elections of committees and commencement of negotiations
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8
Q

What are employer obligations and tactics?

A
  • Cannot interfere with certification process
  • Prohibited from dismissing, disciplining or threatening employees for exercising their right to form union
  • Cannot promise better conditions
  • Cannot change conditions
  • Must bargain in good faith
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9
Q

What are union obligations and tactics?

A
  • Cannot interfere with operation of employer
  • Cannot coerce or intimidate
  • Must provide fair representation to all members of bargaining unit (when they represent a group of employees, have to represent all, not just the majority)
  • Cannot engage illegal activities
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10
Q

What is an unfair labour practice?

A

Specific employer and union illegal practices that operate to deny employees their rights and benefits under labour law

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11
Q

What are the certification procedures?

A
  1. voluntary recognition (employer syas ok, recognizes - rare)
  2. Regular certification
    ( union sending evidence of signature etc…)
  3. Prehearing votes
    ( if not enough cards signed, and if 51%, you are unionized)
  4. Contract negotiations
    ( once certification, employer and union sign contract, obligation to respect)
  5. Decertification
    (if majority of employees say they want to be represented by other union, or don’t want to be represented by this union, there is a vote, decertification process. More often to go with another union, not to deunionize)
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12
Q

What is the role of the shop steward?

A
  • Employee of the organization
  • Non paid union official
  • Represents the interest of union members in their relations with management
  • Like other employees, not aid extra, but commited to union
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13
Q

What is the role of a business agent?

A
  • Paid union official responsible fo negotiating and administering the collective agreement and working to resolve union members problems
  • This person isn’t in the workplace
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14
Q

What are the steps in a bargaining process?

A
  1. Prepare negotiations
    (gather data, form bargaining teams)
  2. Develop strategies
    (develop management proposals and limits of concession, consider oponents goals, make strikes plan)
  3. Conduct negotiations
    (bargain in good faith, analyze proposals, resolve proposals, stay within bargaining zone)
  4. Formalize agreements
    (clarify contract language, ratify agreement)
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15
Q

What is actions that are happening while collective bargaining process?

A

Strikes
Legal requirements
Lockouts
Strike replacements Boycotts

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16
Q

What is a collective agreement?

A
  • Conclusion of negotiations
  • Legal, binding, written document
  • A “living” document
17
Q

What is a grievance?

A

Complaint by employee (or employer) that some aspect of the collective agreement has been violated

Usually initiated by employees or union

Grievance can be specific to one employee or fo all employees (policy)

Formal process

18
Q

What are the steps in a grievance procedure?

A
  1. Informal meeting to discuss grievance
    - Between employee and supervisor
    - Hard to distinguish between complaint and grievance
    - Verbal discussion
  2. Written complaint
    - Between next-level supervisor and union official (usually shop steward)
    - Usually face-to-face meeting to discuss details of grievance
  3. Written document
    - Between manager and union business agent (may include someone from HR)
    - Face-to-face meeting to discuss “negotiate” and resolve
  4. Judicial functions
    - Formal and legalistic
    - Decision are binding and enforceable through the courts
    - Frequently handled by lawyers
19
Q

What is the difference between rights arbitration, arbitration process and arbitration award?

A

RIGHT ARBITRATION:

  • Function to provide solution to grievance if parties unable to resolve
  • Performed by neutral 3rd party
  • Both parties obligated to abide by decision

ARBITRATION PROCESS:

  • Provides full and fair hearing
  • Union and employer are permitted to introduce evidence
  • Witness sworn in
  • “burden of proof” usually rests with union
  • Abritrator must decide

ARBITRATION AWARD:

  • Cornerstone of decision is the colective agreement
  • Also use testimony and evidence
  • Arbitral standards
  • Award is enforceable in civil courts
  • Arbitrator must give reasons
  • 70% of arbitration cases are discipline cases