Chapter 16: Labour Relations Flashcards
Labour Union (Union)
An officially recognized association of employees practicing a similar trade or employed in the same or industry who have joined together to present a united front and collective voice in dealing with management.
Labour-Management Relations
-ongoing interactions between labour unions and management
Collective Bargaining Agreement
a formal agreement between an employer and the union representing a group of employees regarding terms and conditions of employment.
Bargaining Unit
the group of employees in a firm, a plant, or an industry that has been recognized by an employer or certified by a labour relationship board (LRB) as appropriate for collective bargaining purposes.
Canada’s Labour Laws
Purposes
- To provide a common set of rules for fair negotiations
2. To protect public interest by preventing impact of labour disputes
The Labour Relations Process
Step 1: Desire for Collective Representation ( Wall Mart!?)
Step 2: Union Organizing Campaign
Step 3: Union Recognition
Step 4: Collective Bargaining
Step 1: Desire for Collective Representation ( Wall Mart!?)
Why individuals join unions:
- dissonance-based reasons
- -unpleasant work environment, low pay
- utility-based reasons
- -cost/benefit analysis
- political/ideological reasons
- -desire to work for collective versus individual purposes
Step 2: Union Organizing Campaign
Step 1: Employee/union contact Step 2: Initial organizational meeting Step 3: Formation of in-house organizing committee Step 4: Organizing campaign Step 5: Outcome
Union Organizing: Employer Rights
- express views on unions
- state position on remaining non-union
- prohibit union activity on company property/time
- increase wages in normal course of business
- assemble employees to state position if:
- -purpose of meeting stated in advance
- -attendance is optional
- -no threats/promises
Step 3: Union Recognition
- -Ways to obtain recognition:
1. voluntary recognition by employer- rare
2. regular certification by LRB 50-55% support
3. pre-hearing votes evidence of violation of fair labor practice early in campaign, if there is support for union
4. Representation vote by LRB cast a secret ballot if they want a union or not - Ways to terminate bargaining rights:
- -decertification
- -termination and abandonment
Step 4: Collective Bargaining
- -formal collective agreement is established
- -parties must bargain in good faith
Canada’s Labour Laws: Common Characteristics
- -union certification procedures
- -minimum one-year collective agreements
- -procedures preceding legal strike/lockout
- -no strikes/lockouts during life of contract
- -interpretation disputes settled by arbitration
- -prohibition of unfair labour practices
- -establishment of labour relations board
Face-to-Face Negotiations
Location:
- -neutral, off-site location
- -each side holds separate caucus sessions
Frequency:
–as often as either or both parties desire
Duration:
–as long as progress is being made
Face-to-Face Negotiations: Distributive Bargaining
a win–lose negotiating strategy where one party gains at the expense of the other.
Face-to-Face Negotiations: Integrative Bargaining
using mutual trust, finding creative solutions
a negotiating strategy in which the possibility of win–win, lose–win, win–lose, and lose–lose outcomes is recognized, and there is acknowledgement that achieving a win–win outcome will depend on mutual trust and problem solving.
Face-to-Face Negotiations: Mutual Gains (interest-based) Bargaining
- effective problem solving and conflict resolution
- interests of all stakeholders considered
- a win-win negotiating approach based on training in the fundamentals of effective problem solving and conflict resolution, in which the interests of all stakeholders are taken into account.
Contract Approval Process : Memorandum of Settlement
- -summary of terms/conditions agreed to by the parties that is submitted to the constituent groups for final approval.
- -submitted for final approval by employees and management
Contract Approval Process : Ratification
–formal approval by secret ballot of the bargaining unit members of the agreement negotiated between union and management.
Third-Party Assistance and Bargaining Impasses : Conciliation
mandatory use of neutral third party to bring union and management together to negotiate
- third party who has no direct input on the negotiation process to help an organization and the union representing a group of its employees communicate more effectively with the aim of coming to a mutually satisfactory collective agreement.
Third-Party Assistance and Bargaining Impasses : Mediation
voluntary use of neutral third party to help to reach a mutually satisfactory collective agreement
Third-Party Assistance and Bargaining Impasses: Union rights:
strike, picket ( usually employees carrying signs and entrances and exits of establishment that is on strike) , boycott ( refusal to buy or use products or services of the organization on strike)
Third-Party Assistance and Bargaining Impasses: Management rights:
lockout
Grievance
a written allegation of a contract violation, filed by individual bargaining unit member , the union, or management
Rights Dispute
a disagreement between an organization and the union representing its employees regarding the interpretation or application of one or more clauses in the current collective agreement.
Rights Arbitration
process of resolving a rights dispute
Impact of Unionization on HRM : Building effective labour-management relations:
- institute an open-door policy
- extend the courtesy of prior consultation
- demonstrate concern for employee well-being
- form joint committees, joint training programs
- meet regularly
- use third-party assistance
- 31.5% of Canadian as of 2010 are unionized and declining (manufacturing)
collective bargaining
negotiations between a union and an employer to arrive at a mutually acceptable collective agreement.
labour relations strategy
a component of an organization’s HR strategy specific to the overall plan for dealing with unions, which sets the tone for its union– management relationship.
business unionism
the activities of labour unions focusing on economic and welfare issues, including pay and benefits, job security, and working conditions.
social (reform) unionism
activities of unions directed at furthering the interests of their members by influencing the social and economic policies of governments at all levels, such as speaking out on proposed legislative reforms
craft union
traditionally, a labour organization representing workers practicing the same craft or trade, such as carpentry.
Industrial union
a labour organization representing all workers eligible for union membership in a particular in a particular company or industry, including skilled trades people.
local
a group of unionized employees in a particular location
union steward
a union member elected by workers in a particular department or area of a firm to act as their union representative
authorization card
a card signed by an employee that indicated his or her willingness to have the union act as his or her representative for purposes of collective bargaining.
certification
the procedure whereby a labour union obtains a certificate from the relevant LRB declaring that the union is the exclusive bargaining agent for a defined group of employees in a bargaining unit that the LRB considers appropriate for collective bargaining purposes.
representation vote
a vote conducted by the LRP in which employees in the bargaining unit indicate, by secret ballot, whether or not they want to be represented, or continue to be represented , by a labour union.
pre-hearing vote
an alternative mechanism for certification, used in situations in which there is evidence of violations of fair labour practices early in the organizing campaign
decertification
the process whereby a union is legally deprived of its official recognition as the exclusive bargaining agent for a group of employees.
caucus session
a session in which only the members of one’s own bargaining team are present.
bargaining zone
the area defined by the bargaining limits (resistance points) of each side,in which compromise is possible, as is the attainment of a settlement satisfactory to both parties.
strike
the temporary refusal by bargaining unit members to continue working for the employer
strike vote
legally required in some jurisdictions, it is a vote seeking authorization from bargaining unit members to strike if necessary. A favorable vote does not mean that a strike is inevitable.
picket
stationing groups of striking employees, usually carrying signs, at the entrances and exists of the struck operation to publicize the issues in dispute and discourage people from entering or leaving the premises.
boycott
an organized refusal of bargaining unit members and supporters to buy the products or use the services. of the organization whose employees are on strike in an effort to exert economic pressure on the employer.
lockout
the temporary refusal of a company to continue providing work for bargaining unit employees involved in a labour dispute, which may result in closure of the establishment for a time.
wildcat strike
a spontaneous walkout, not officially sanctioned by the union leadership, which may be legal or illegal, depending on its timing
arbitration
the use of an outside third party to investigate a dispute between an employer and union and impose a settlement.
interest arbitration
the imposition of the final terms of a collective agreement
interest dispute
a dispute between an organization and the union representing its employees over the terms of a collective agreement.
union recognition clause
clarifies the scope of the bargaining unit by specifying the employee classifications
union security clause
the contract provisions protecting the interests of the labour union, dealing with the issue of membership requirements and, often, the payment of union dues.
closed shop
only union members in good standing may be hired by the employer to perform bargaining unit work.
union ship
membership and dues payment are mandatory conditions of employment.
maintenance-of-membership arrangement
individuals voluntarily joining the union must remain members during the term of the contract.
Rand formula
all members of the bargaining unit pay union dues, but employees have the choice to join the union or not.
open shop
union membership is voluntary and non-members are no required to pay dues.
seniority
length of service in the bargaining unit.
