Chapter 9 Concepts - Strike, Lockouts, And contract dispute Flashcards
Distinguish between conciliation or mediation, and arbitration.
In all jurisdictions except British Columbia and Alberta, labour legislation provides for a conciliation process. There is either a one-stage conciliation process involving either a conciliation officer or a conciliation board, or a two-stage process involving a conciliation officer and then a conciliation board if no settlement is reached with the conciliation officer.
The conciliation process is viewed as having advantages and disadvantages. It could help the parties reach an agreement because the third party may bring a new perspective to the negotiations, and the cooling-off period may allow the parties to reconsider their positions. However, there is no empirical evidence that it reduces the overall incidence of strikes.
mediators attempt to assist the parties to reach an agreement. They cannot force a settlement of a disputed issue on the bargaining teams.
There are a number of ways a mediator might help resolve a dispute.
He or she might help each side understand the other’s position.
Where the parties are hostile, the mediator might encourage them to focus on the issues and separate them if necessary.
The mediator could repackage proposals or come up with new compromises the parties have not previously considered.
Most importantly, the mediator might make proposals allowing negotiators to back away from a previous position without losing face.
Mediators may suggest compromise terms or even privately voice an opinion to one of the parties on their position.
Arbitration is a completely different form of third-party assistance because the arbitrator makes a final and binding decision establishing the terms of the collective agreement after hearing the parties.
Describe the possible problems that are associated with arbitration.
It has been argued that arbitration may have a chilling effect on negotiation, meaning the parties may be discouraged from making concessions that might lead to an agreement.
Consider the issue of wages and suppose the union is demanding a 4 percent increase and the employer is offering a 1 percent increase. Assuming that an arbitrator would order a wage increase somewhere between the parties’ positions, the employer or the union may decide it would end up better off if it made no concessions before arbitration.
It has also been suggested that arbitration may have a narcotic effect. Negotiators may become overly dependent on an arbitrator deciding difficult issues for them instead of making the tough decisions required to reach an agreement. Another way to view the narcotic effect is that it may be safer for union or employer negotiators to say they did their best and that the agreement was the decision, often characterized as the “fault,” of the arbitrator.
What concerns may unions and employers have regarding final offer selection?
The process creates winners and losers, and this may cause hostility that affects the administration of the agreement and rounds of future negotiations. There may be less risk of creating hostility where item-by-item selection is used, because both parties see parts of their offer incorporated into the new collective agreement.
Describe the functions of strikes.
Strikes serve several legitimate purposes in the labour relations system. Although it may sound strange, strikes can be a way to resolve conflict. There is evidence that where strikes are not allowed, conflict emerges in a different form, such as union grievances. In one study, it was found that the grievance rate for employees who were not allowed to strike was significantly higher than the rate for employees who could strike.
** Identify the factors that affect the incidence of strikes.
Differences in information between union and employer
> Some observers have contended that strikes are caused because the union and the employer are basing their negotiations on different information
Economic environment
> Generally, strike activity increases in periods of higher employment and decreases as unemployment rises.
Bargaining unit characteristics
>Generally, it has been found that male-dominated bargaining units and larger bargaining units are more likely to be involved in strikes.8 It has been suggested that gender is a factor because female employees are more likely to quit their jobs to express dissatisfaction rather than to strike.
Internal conflicts within the union or employer
> Within the union, there will be various interests and differences among the membership along the lines of gender, age, seniority and other factors. These differences may mean that the union cannot agree on demands or concessions that are necessary to reach an agreement.
The relationship between the union and the employer
> Where there is hostility, or a history of attitudinal structuring between the parties, a lack of reasonable consideration and objective assessment of proposals create a barrier to settlement.
Negotiators’ skill and experience
> Inexperienced negotiators are more likely to make errors such as committing themselves to a position they cannot withdraw from without a loss of reputation or charges of unfair labour practices. Less-experienced negotiators may not send out proper signals regarding where they would be willing to settle or fail to pick up on cues from the other side about settlement possibilities. Inexperienced negotiators might also think that in order to establish a reputation they must obtain more in negotiations and this leads to a bargaining impasse.
Bargaining history
> Prior contract negotiations and strikes might have caused hostility that in turn leads to an impasse in current talks. If a previous strike was brief and did not cause employees to lose a large amount of income, they may be more willing to again support a strike.
Legislative environment
> policy differences on issues such as the requirement for conciliation or mediation, and replacement worker legislation.
Worker discontent
> It has been suggested that a “collective voice” approach, which views strikes as an expression of worker discontent, explains strike activity.
** What are the requirements to strike?
C F M V N E
No collective agreement currently in force
Parties have bargained in good faith
Conciliation or mediation process completed†
> Excludes BC,Quebec, Saskatchewan
Strike vote
Notice of strike or lockout‡
(depending on jurisdiction)
Essential services agreement in place§ (applies to parts of the public service)
