Chapter 7 Concepts - The Collective Agreement

Question 1

** Identify the required terms to be included in a collective agreement.

Answer 1

1. A recognition clause indicating that management recognizes the union as the exclusive bargaining agent for its members in the workplace
2. A prohibition against strikes and lockouts during the term of the agreement
3. A provision for the arbitration of disputes relating to the interpretation, application and administration of the agreement
4. A minimum term of one year for the agreement
5. A check-off of union dues clause or “check off” clause, if the union requests it, requiring the employer to deduct union dues from the pay of unionized employees (in place in a majority of Canadian jurisdictions)4

Question 2

Discuss a situation in which an employer may assign work normally done by bargaining unit employees to employees outside of the unit, including supervisors.

Answer 2

In the case of emergencies or on the job training

Example clause: Persons not in the bargaining unit shall not perform work that is normally done by employees in the bargaining unit, except in cases of emergency or for job training.

Question 3

Explain the meaning of the term “contract out” of bargaining unit work and provide reasons why unions seek restrictions on contracting out.

Answer 3

Contracting out refers to an employer arranging for another firm to do work that is, or could be, done by the employer’s own employees. Employers will want to maintain the capability to contract out to provide flexibility and reduce costs, For example, if a hospital had its own laundry staffed by hospital employees, it could contract out this work to a laundry service provider. This will mean that the employees who formerly did the work will not be needed and layoffs could result.

Unions will seek to have language in the agreement that prevents or restricts contracting out to protect existing jobs in the bargaining unit.
Their motivation is to protect the size and influence of the bargaining unit in the work setting. A reduction of jobs also means a loss of revenue by the union caused by fewer union dues being collected.

Question 4

Explain why a union would seek to have provisions regarding technological change included in the collective agreement.

Answer 4

Unions will likely seek collective agreement terms to protect against technological change causing job losses.

Technological Change

Will the agreement contain any provisions regarding technological change?

What is the definition of technological change?

What limitations are placed on the introduction of technological change: notice, negotiation and arbitration, job guarantees, income protection, retraining, severance payments?

Question 5

Describe the preferences of the union and the employer regarding any personal leave provisions in the collective agreement.

Answer 5

Unions would prefer that the agreement confirm that the employer may not unreasonably deny a leave.

Employers would prefer that the agreement provide that the employer has sole discretion to grant or refuse leave, and the decision cannot be grieved, provided that it is made in good faith.

Question 6

***** What are important elements of a collective Agreement?

Answer 6

> It is a binding agreement up to legislation which always takes precedence
It should reflect societal norms (ie. pronouns, and gender neutral)
It should create stability
language is important (ie. shall, may, must)