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