Chapter 11 - Collective Bargaining and Labour Relations Flashcards
What is a union?
An organization with the legal authority to:
- represent workers
- negotiate the terms and conditions of employment with the employer
- administer the collective agreement
What is a collective agreement?
- a contract negotiated between the union and employer outlining the terms and conditions of employment
- establishes “work rules”: wages, hours of work, and working conditions
Why do people join unions?
- pay, working condition standards
- a collective voice of the workers rather than individual
What was the history before unions like in Canada?
Following the industrial revolution:
- employers had power over wages, working conditions, etc.
- the individual worker had little power if unpaid, mistreated, etc.
What act enabled individuals to from unions?
The nine hour movement and trade union act - 1872
- the right to form unions; bargain with employers
What act provided the framework for regulating labour management in Canada?
- the Industrial relations and disputes act - 1948
- dominant model for regulating labour management activities and interactions in each of the provincial and territorial jurisdictions across Canada
What percentage of working Canadians are unionized?
-approx. 25.9%, where 75% of those are in the public sector (ex. Grade school teachers), and about 15-20% are in the private sector (ex. electricians)
How has union density changed in the recent years in Canada?
- The density has remained relatively consistent since the late 1990’s.
- Private sector density has decreased from 30% in 1970s
- Ratio of women in unions has increased from 10% in 1970s to 30% now.
How do workers become unionized?
- Through a certification process, by which the union is designated as the exclusive bargaining agent of a group of employees.
What does the certification process consist of?
1) Meetings between union reps and workers
2) Workers sign membership cards (typically requires between 35-51% of workforce to sign)
3) Apply to Labour relations board to schedule vote (LRB intervention begins)
4) Organizing campaign (LRB supervised)
5) Certification/ratification vote (LRB supervised)
6) Certified as union if 51% workers vote in favour (union reps and employer would now begin first collective bargaining process)
What is a closed shop?
A union security requiring a person to be a paid union member before being hired.
What is a union shop?
A union security provision that requires all existing and future employees to join and maintain membership in the union.
What is an agency shop?
A union security provision that requires an employee to pay union membership dues but not to join the union.
What is a voluntary check off?
A Union security provision wherein members of a union have union dues deducted by the employer only at their request, and there is no requirement to join the union.
What is maintenance of membership?
Union rules requiring members to remain members for a certain period of time (such as the length of the union contract)
What acronym describes unfair labour practices by employers?
(T)hreats of consequences if union gets in
(I)ntimidating employees
(P)romises if employees vote against union
(S)urveillance of members involved in organizing
What are other examples of unfair labour practice?
- discriminating against an employee based on union support/membership
- closing and re-opening business
What did the “walmart example” demonstrate?
- the union was certified to represent employees of a walmart in QC
- collective bargaining failed
- walmart closed the store after all bargaining attempts putting 190 employees out of work
- the supreme court voted in favour of the employees, given that Walmart violated QC labour law, and they received compensation
What rights do employers have during union organizing?
- inform employee of their rights
- correct untrue or misleading info
- inform employees of responsibilities that may be associated with union membership
ex. dues, picketing, loss of income during strike
What are some unfair practices by unions? What should they not be doing?
- forcing an employer to bargain with union when union is not the certified bargaining agent
- recruiting during work hours
- intimidating or coercing an individual who is opposing the the union
- threaten or engage in illegal strikes
What is labour relations strategy? (how do employers deal with unions/unionization?)
- conflict is a continuum, ranging from open conflict to cooperation
- Open conflict: union avoidance/suppression
- union substitution: middle-ground
- Cooperation: union acceptance
What is integrative bargaining?
interest-based
Interests between union and org are complimentary:
- mutual gains
- focus on interests/priorities, and how to problem solve and achieve them. Rather than fighting over positions.
On continuum, Union Acceptance and cooperation
What is distributive (positional) bargaining?
Union avoidance/suppression
Interests between union and org are in conflict
- adversarial; win-lose
- demands and concession, rather than mutual gains
ex. GM vs. UAW in final offer
What is union substitution?
- goal is to remove incentive to join union
- org provides what unions would provide - wages, conditions etc.
ex. Dofasco
What are the fundamentals of Canadian Labour Legislation?
Canada Labour Code; Labour relations act
-employees have the right to join a union and participate in its activities
Exclusions from union membership:
- managerial employees
- agriculture, hunting, and trapping
- certain professions.
ex. Lawyers, dentists, doctors, engineers, etc.
What are the fundamentals of Canadian Labour Legislation continued?
prohibition against unfair labour practices
- applies to union and employer
Contract negotiation
- duty to bargain in good faith
- LRB reps facilitate negotiation
What are some alternatives to strikes or lockouts?
interest arbitration:
- alternative to strikes/lockouts
- 3rd party considers both sides and creates an agreement
Final offer selection:
- only if both sides have agreed to this lieu of strike or lockout
- both sides submit final offers
- arbitrator selects one to implement
Why is the film, Final Offer relevant?
- the film is relevant because it demonstrates the rigour of collective bargaining and all that can go wrong in the process. When a union and org are not aligned in their interests, bargaining can become very messy (distributive bargaining).
What is the trade union act
the act legalizing unionization in Canada
