Chapter 11 - Collective Bargaining and Labour Relations

Question 1

What is a union?

Answer 1

An organization with the legal authority to:

• represent workers
• negotiate the terms and conditions of employment with the employer
• administer the collective agreement

Question 2

What is a collective agreement?

Answer 2

• 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

Question 3

Why do people join unions?

Answer 3

• pay, working condition standards

- a collective voice of the workers rather than individual

Question 4

What was the history before unions like in Canada?

Answer 4

Following the industrial revolution:

• employers had power over wages, working conditions, etc.
• the individual worker had little power if unpaid, mistreated, etc.

Question 5

What act enabled individuals to from unions?

Answer 5

The nine hour movement and trade union act - 1872

- the right to form unions; bargain with employers

Question 6

What act provided the framework for regulating labour management in Canada?

Answer 6

• 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

Question 7

What percentage of working Canadians are unionized?

Answer 7

-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)

Question 8

How has union density changed in the recent years in Canada?

Answer 8

• 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.

Question 9

How do workers become unionized?

Answer 9

• Through a certification process, by which the union is designated as the exclusive bargaining agent of a group of employees.

Question 10

What does the certification process consist of?

Answer 10

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)

Question 11

What is a closed shop?

Answer 11

A union security requiring a person to be a paid union member before being hired.

Question 12

What is a union shop?

Answer 12

A union security provision that requires all existing and future employees to join and maintain membership in the union.

Question 13

What is an agency shop?

Answer 13

A union security provision that requires an employee to pay union membership dues but not to join the union.

Question 14

What is a voluntary check off?

Answer 14

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.

Question 15

What is maintenance of membership?

Answer 15

Union rules requiring members to remain members for a certain period of time (such as the length of the union contract)

Question 16

What acronym describes unfair labour practices by employers?

Answer 16

(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

Question 17

What are other examples of unfair labour practice?

Answer 17

• discriminating against an employee based on union support/membership
• closing and re-opening business

Question 18

What did the “walmart example” demonstrate?

Answer 18

• 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

Question 19

What rights do employers have during union organizing?

Answer 19

• 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

Question 20

What are some unfair practices by unions? What should they not be doing?

Answer 20

• 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

Question 21

What is labour relations strategy? (how do employers deal with unions/unionization?)

Answer 21

• conflict is a continuum, ranging from open conflict to cooperation
• Open conflict: union avoidance/suppression
• union substitution: middle-ground
• Cooperation: union acceptance

Question 22

What is integrative bargaining?

interest-based

Answer 22

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

Question 23

What is distributive (positional) bargaining?

Union avoidance/suppression

Answer 23

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

Question 24

What is union substitution?

Answer 24

• goal is to remove incentive to join union
• org provides what unions would provide - wages, conditions etc.

ex. Dofasco

Question 25

What are the fundamentals of Canadian Labour Legislation?

Answer 25

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.

Question 26

What are the fundamentals of Canadian Labour Legislation continued?

Answer 26

prohibition against unfair labour practices
- applies to union and employer

Contract negotiation

• duty to bargain in good faith
• LRB reps facilitate negotiation

Question 27

What are some alternatives to strikes or lockouts?

Answer 27

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

Question 28

Why is the film, Final Offer relevant?

Answer 28

• 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).

Question 29

What is the trade union act

Answer 29

the act legalizing unionization in Canada