Chapter 10 Flashcards

1
Q

What was the first labour relations legislation?

A

Trades Unions Act 1872: gave the ability to strike & collective bargaining

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2
Q

What is Canada’s labour relations system?

A
  • It is highly decentralized
  • 90% of the workforce is governed by provincial legislation
  • Each province has a Labour Relations Board (LRB)
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3
Q

What are the 3 main reasons why employees unionize?

A
  1. Economic needs
  2. General dissatisfaction with managerial practices
  3. Desire to fulfill social & status needs
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4
Q

What is the labour relations process?

A
  1. Workers desire collective
  2. The union or employees begins its organizing campaign
  3. Collective negotiations lead to a collective agreement/contract
  4. The contract is administered
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5
Q

What is a union shop, closed shop & open shop?

A

Union Shop: collective agreement that requires employee to join union as a condition of their employment

Closed Shop: Collective agreement that requires employers to hire only union members

Open Shop: collective agreement that allows employees to join the union or not

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6
Q

What are the strongest reasons why an employee will join a union?

A

Unhappiness with wages, benefits & working conditions

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7
Q

Provide examples for each reasons why employees unionize.

  1. Economic needs
  2. Dissatisfaction with managers
  3. Social & status concerns
A
  1. low wages, poor working conditions, health & safety ignored
  2. Unfair promotions or transfers, favouritism
  3. Needs for recognition and status like leadership
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8
Q

Who are the 2 large influential labour unions?

A
  1. CAW: Canadian Auto Workers

2. CEP: Communication, Energy & Paperworks Union of Canada

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9
Q

How do employees organize a union? What are the steps?

A
  • A formal organizing campaign may be started either by a union organizer or by employees acting on their own behalf. MOST organizing campaigns are begun by employees
  • Should evaluate their chances of success & possible benefits before & employers vulnerability towards unions
  1. Employee & union contact
  2. Initial organizational meeting
  3. Formation of in-house organizing committee
  4. Application to labour relations board
  5. Issuance of certification by LRB
  6. Election of bargaining committee & contract negotiations
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10
Q

Describe each steps for organizing a campaign. (For regular certification)

A
  1. Explore possibility of unionization, gather info on employee needs, problems & complaints
    • To win employee support: union organizers must build a case against the employer
  2. Schedule initial union meeting to attract supporters. The organizer will use the info gathered from step1 to address employee needs & explain how the union can secure these goals
  3. Form a committee composed of employees willing to provide leadership to the campaign, have employees sign a membership card, this card demonstrates the strength of the union (must have at least 50% of employees as members before they apply for certification)
  4. Application is made to the appropriate LRB. Majority of unions are certified without a vote if the LRB finds that the union has the support of the majority of the employees (based on the # of membership cards)
  5. LRB reviews the application & informs both the employer & employee about the application so that either the employer or employee have an opp. to challenge
  6. Once certified, a bargaining committee is put in place to start negotiating
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11
Q

List the employers obligations & tactics & for unions

A
  • Can’t promise better conditions
  • Can’t change wages & working conditions during certification process or bargaining
  • Can’t coerce/intimidate
  • Can’t interfere in certification process
  • Must commit to bargain seriously & fairly

Unions: the same applies
-can’t engage in activities like strike before the expiration of the union contract

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12
Q

What are examples of unfair labour practices by employers & unions?

A

Employers:

  • helping to establish or administer a union
  • altering work conditions without the unions consent during certification
  • intimidation, threats, promises
  • hiring professional strike breakers
  • failing to recognize or bargain with certified union

Unions:

  • not representing fairly the employees in the bargaining unit
  • calling/authorizing an unlawful strike or threatening to do so
  • negotiation with employer
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13
Q

What was the largest wildcat strike in Canadian History?

A
  • Canadian Union of Postal Workers

- Country wide-strike that lasted 2 weeks

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14
Q

What is a wildcat strike?

A
  • Undertaken by unionized workers without union leadership’s authorization, support, or approval.
  • It is illegal
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15
Q

What is compulsory binding arbitration?

A

To resolve collective-bargaining deadlocks in the public sector. Jobs in which strikes cannot be tolerated (police, fireman)

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16
Q

Unions may exercise power in what ways? (3)

A
  • Strike
  • Picketing
  • Boycotting
17
Q

What is a lockout?

A
  • Rarely occurs
  • Employer closes its operations
  • Used by employers to combat union slowdowns, damage their property or violence
  • An employer CANNOT enforce a lockout within a prescribed # of hours (48-72) of a strike vote
  • Lockouts do NOT affect nonstriking workers u
18
Q

When disputing parties are unable to resolve a deadlock, who comes in to help? (3)

A
  • Conciliator
  • Mediator
  • Arbitrator
19
Q

What does a mediator do?

A
  • 3rd party to help
  • Serves as a fact finder & someone to open up a channel of communication between the 2 parties
  • Meets with one side & then the other in order to suggest compromise solutions
20
Q

What does an arbitrator do?

A

-Assumes the role of a decision maker & determines the settlement

21
Q

When 1 or both parties are reluctant to give power to a 3rd party to make the settlement for them, who is used to make the deadlock?

A

A mediator

22
Q

What is the grievance procedure?

A

Provides the union a way to process a complaint that something within the collective agreement has been violated. (Prohibits strike during this period)

23
Q

A central article in any collective agreement is the management rights clause. Management rights pertain to those decisions over which management is able to exercise exclusive control. What are those 2 rights?

A

Residual Rights: rights that are not shared with the union
ex: selection of operating equipment, products or services to produce, plant location

Defined Rights: retained by management, but limited by contractual agreement with the union
ex: select employees for assignments or promotions, assign employees to training classes (the union has the right to challenge these actions if it believes that employees’ rights have been violated)

24
Q

When grievance cannot be resolved during grievance procedure, what are the alternatives (2) besides arbitration?

A
  1. Union withdraw the grievance

2. Employer agrees to union demands