Chapter 16 - Labour Relations Flashcards

1
Q

Discuss why employees unionize and the concept of union security.

Where do unions get their power? And the Management equivalents

A

Employees unionize to benefit from a legally identified entity that can negotiate on behalf of many employees.

Generally, employees in unionized companies secure higher pay and better working conditions. Employee disengagement is also correlated with propensity to unionize.

Union power from: 
Strike
Picket
Boycotting
Work to rule

Management equivalents:
Lockout – management shuts down operations
Replacement workers – legislation differs across provinces, prohibited at federal level, potential for violence when replacement workers
Subcontracting
Stockpiling inventories
Transfer of work

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2
Q

Explain three trends in the labour movement in Canada.

A

Unionization rates in Canada have been relatively stable, with increases to white-collar and service-sector jobs balancing out reductions in manufacturing and blue-collar jobs.

Global competition has forced unions to negotiate concessions.

Demographical changes mean that unions must simultaneously meet the needs of an aging workforce as well as that of a young, diverse workforce.

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3
Q

*** Describe the purpose of Canadian labour laws. What are the key mandates?

A

Canada’s labour laws provide a common set of rules for fair negotiations and ensure the protection of public
interest by preventing the impact of labour disputes from inconveniencing the public.

1) Right of employees to organize, join, and participate in a union of their choice
2) ensure “Bargaining in good faith”
3) Collective agreement in force at least one year
4) Prohibition of strikes or lockouts during life of collective agreement
5) Mandatory conciliation process before a strike or lockout
6) Disputes over matters arising from interpretation of the agreement settled by final and binding arbitration
7) Prohibition of certain “unfair practices”

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4
Q

** Outline the five steps in the labour relations process.

A

There are five steps in the LR process:

(1) employees’ decision to seek collective representation, (2) the union organizing campaign,
(3) official recognition of the union,
(4) negotiation of a collective agreement, and
(5) day-to-day contract administration.

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5
Q

** Describe the five steps in a union organizing campaign.

A

The union organizing process involves five steps, which typically include:

(1) employee and union contact,
(2) an initial organizational meeting,
(3) the formation of an in-house organizing committee,
(4) an organizing campaign, and
(5) the outcome—certification, recognition, or rejection.

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6
Q

Outline the three ways to obtain union recognition.

A

There are three basic ways in which a union can obtain recognition as a bargaining unit for a group of workers: voluntary recognition, the regular certification process, and a prehearing vote.

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7
Q

Describe the three steps in the collective bargaining process.

A

The three steps in the collective bargaining process are preparation for negotiations, face-to-face negotiations, and obtaining approval for the proposed contract. Two possible additional steps are third-party assistance if talks break down and a strike/lockout or interest arbitration if the parties arrive at a bargaining impasse.

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8
Q

Explain the typical steps in a grievance procedure.

A

Typical steps in a grievance procedure involve presenting a written grievance to the worker’s immediate supervisor, then to an HR/LR specialist, then to senior management, and finally to an arbitrator for final and binding rights arbitration.

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9
Q

*** memorandum of settlement

A

A summary of the terms and conditions agreed to by the parties that is submitted to the constituent groups for final approval.

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10
Q

rights dispute

A

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.

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11
Q

interest dispute

A

A dispute between an organization and the union representing its employees over the terms of a collective agreement.

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12
Q

grievance

A

A written allegation of a contract violation filed by an individual bargaining unit member, the union, or management.

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13
Q

certification

purposes.

A

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

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14
Q

interest arbitration

A

The imposition of the final terms of a collective agreement.

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15
Q

strike vote

A

Legally required in some jurisdictions, a vote seeking authorization from bargaining unit members to strike if necessary. A favourable vote does not mean that a strike is inevitable.

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16
Q

picket

A

Stationing groups of striking employees, usually carrying signs, at the entrances and exits of the struck operation to publicize the issues in dispute and discourage people from entering or leaving the premises.

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17
Q

strike

A

The temporary refusal by bargaining unit members to continue working for the employer.

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18
Q

labour union (or union)

A

An officially recognized association of employees practising a similar trade or employed in the same company or industry who have joined together to present a united front and collective voice in dealing with management.

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19
Q

union shop

A

Membership and dues payment are mandatory conditions of employment.

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20
Q

bargaining zone

A

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.

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21
Q

industrial union

A

A labour organization representing all workers eligible for union membership in a particular company or industry, including skilled trades people.

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22
Q

closed shop

A

Only union members in good standing may be hired by the employer to perform bargaining unit work.

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23
Q

social (reform) unionism

A

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.

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24
Q

arbitration

A

The use of an outside third party to investigate a dispute between an employer and union and impose a settlement.

25
Q

boycott

A

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.

26
Q

local

A

A group of unionized employees in a particular location.

27
Q

wildcat strike

A

A spontaneous walkout, not officially sanctioned by the union leadership, which may be legal or illegal, depending on its timing.

28
Q

union security clause

A

The contract provisions protecting the interests of the labour union, dealing with the issue of membership requirements and often the payment of union dues.

29
Q

*** distributive bargaining

A

A win–lose negotiating strategy in which one party gains at the expense of the other

30
Q

representation vote

A

A vote conducted by the LRB 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.

31
Q

business unionism

A

The activities of labour unions focusing on economic and welfare issues, including pay and benefits, job security, and working conditions.

32
Q

lockout

A

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.

33
Q

** conciliation

A

The often mandatory use of a neutral 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.

34
Q

labour relations (LR) strategy

A

A component of an organization’s HR strategy that is specific to the overall plan for dealing with unions, which sets the tone for its union–management relationship.

35
Q

union recognition clause

A

Clarifies the scope of the bargaining unit by specifying the employee classifications.

36
Q

authorization card

A

A card signed by an employee that indicates his or her willingness to have the union act as his or her representative for purposes of collective bargaining.

37
Q

open shop

A

Union membership is voluntary, and nonmembers are not required to pay dues.

38
Q

maintenance-of-membership arrangement

A

Individuals voluntarily joining the union must remain members during the term of the contract.

39
Q

** ratification

A

Formal approval by secret-ballot vote of the bargaining unit members of the agreement negotiated between union and management.

40
Q

caucus session

A

A session in which only the members of one’s own bargaining team are present.

41
Q

integrative bargaining

A

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.

42
Q

craft union

A

Traditionally, a labour organization representing workers practising the same craft or trade, such as carpentry or plumbing.

43
Q

** mediation

A

The often voluntary use of a neutral third party who has direct input on the negotiation process to help an organization and the union representing its employees reach a mutually satisfactory collective agreement.

44
Q

decertification

A

The process whereby a union is legally deprived of its official recognition as the exclusive bargaining agent for a group of employees.

45
Q

labour–management relations

A

The ongoing interactions between labour unions and management in organizations.

46
Q

bargaining unit

A

The group of employees in a firm, a plant, or an industry that has been recognized by an employer or certified by a labour relations board (LRB) as appropriate for collective bargaining purposes.

47
Q

collective bargaining

ment.

A

Negotiations between a union and an employer to arrive at a mutually acceptable collective agree

48
Q

union steward

A

A union member elected by workers in a particular department or area of a firm to act as their union representative.

49
Q

rights arbitration

A

The process involved in the settlement of a rights dispute.

50
Q

prehearing vote

A

An alternative mechanism for certification used in situations in which there is evidence of violations of fair labour practices early in the organizing campaign

51
Q

collective bargaining agreement (union contract)

A

A formal agreement between an employer and the union representing a group of employees regarding terms and conditions of employment.

52
Q

Rand formula

A

All members of the bargaining unit pay union dues, but employees have the choice to join the union or not.

53
Q

seniority

A

Length of service in the bargaining unit.

54
Q

mutual gains (interest-based) bargaining

A

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.

55
Q

memorandum of settlement

A

A summary of the terms and conditions agreed to by the parties that is submitted to the constituent groups for final approval.

56
Q

** What are examples of Unfair Labour Practices— by Management

A

> Interference with union activity by employees

> Changing/threatening to change working
conditions during: certification and collective bargaining

> Refusing to bargain in good faith

> Intimidating employees re:union membership

57
Q

** What are example of Unfair Labour Practices - by Union

A

> conducting union business on company time /
premises without employer consent

> refusing to bargain in good faith

> intimidating employees re union membership

> failing to fairly represent all union members

> threatening/authorizing unlawful strike

58
Q

** What are some Violations of Good Faith Bargaining?

A

> failing to make concessions/withdrawing
previously granted concessions
failing to make reasonable proposals
delaying tactics
imposing unreasonable conditions
making unilateral changes in conditions
bypassing formal representatives
committing unfair labour practices during
negotiations
failing to provide information