chapter 7

Question 1

Effects of Certification

LRB issues a certification order

Answer 1

• the union and the employer are compelled to commence collective bargaining towards a collective agreement

Question 2

Effects of Certification

union security provisions

Answer 2

• Dues checkoff (rand formula)
• religious exemption
• closed/ union shop
• hiring hall
• req. of ongoing union membership

Question 3

Effects of Certification

Collective Bargining

Answer 3

• Interest Based/ mutual gains approach
• Typically one union - one employer
• Union, Management negotiation teams
• Some Limitations of what ca be bargained

Question 4

Commencing Collective Bargaining

Answer 4

• Code timelines for commencing collective bargaining
• one party issues a notice to commence bargaining - the parties must w/in 10 days
• • commence to bargain collectively in good faith
• -make every reasonable effort to conclude an agreement
• parties each establish own bargaining prioroties
• -what do we want
• • what are our most important demands

Question 5

Limitations of the Collective Agreement

Answer 5

• in most jurisdictions collective agreements must have at minimum term of one year
• collective agreements can also not contain terms that are less than the minimum conditions specified by relevant employment standards act
• collective agreements also cannot contain any terms that discriminate in potential groups in the workplace the definition of discrimination
• collective agreements are generally required to contain a grievance procedure so that disputes over interpretation or application of the agreement can be resolved once the agreement is in effect most Canadian Labour relations legislations include a template for a grievance procedure

Question 6

What can be bargained for

Answer 6

• anything lawful
• requirment that collective agreement must be for at least one year
• must comply with Employment Standards Act, Human RIghts Code and Workers compensation act`

Question 7

Setting Bargaining Priorities

Answer 7

• what outcomes does the team want to achieve by which of these outcomes are the most or least important to achieve
• a prioritized list also allows a team to act strategically in assessing offers from the other team the order of items on the list helps the team determine which bargaining goals they are prepared to concede
• some stakeholders may identify cost containment or cost reduction as a priority - - other may want pay increases for their workers so that the organization can retain the skilled Labor force or remain competitive in the Labour

Question 8

How does a labor union uncover the needs of the constituents

Answer 8

o the union may conduct a survey of its membership to discover their concerns and their bargaining priorities
o the negotiating teams may review what is and what is not accomplished by any previous negotiations
o the negotiating teams may examine collective agreements in other locals of the union and other similar industries and organizations to see what has been agreed to elsewhere
o the negotiating teams will examine the record of grievances filed since the last collective agreement went into effect
o the negotiating teams will look at factors outside the organization IE inflation rates Labour market demographics or economic indicators

Question 9

Bargaining In good Faith

Answer 9

Bargaining In good Faith
• commit to honest bargaining
• bargain with intent to reach a collective agreement

Question 10

What is the Managements Rights Clause

Answer 10

this clause states that management has the right to establish procedures or policies governing any issue not directly addressed in the collective agreement
• if a collective agreement contains a management right clause the collective agreement will not be the absolute authority in how the workplace is operated