Chp 13 - Union Mgmt Framework Flashcards
LO1: what does industrial relations assume
conflict is inherent in employment relationship
LO1: what does HRM focus on
share interests of workers +managers, conflict de-emphasize in favour of win win scenarios
LO1: define union
org with legal authority to represent workers, negotiate terms and conditions of employment with employer and administer collective agreement
LO1: explain how unions happen
Unions do not just happen - they are caused by management action or inaction that workers perceive as unfair
LO1: 2 points to collective agreement
1) Contract negotiated between the union and employer outlining terms and conditions of employment
2) Places restrictions on management’s rights in managing the workplace
LO1: 4 points to industrial relations perspective
1) Conflict stems from employer-employee power imbalance
2) Conflict between labour + mgmt is enduring
3) Correcting power imbalance between labour + mgmt often requires institutional intervention in forms of union representation + legislation
4) Conflict can be constructive even when conflict is addressed in adversarial, non problem solving fashion
LO1: 4 points to HR perspective
1) Conflict stems from poor management
2) Conflict can be partially reduced by org and workplace innovations that build an employer-employee unity of interests
3) Conflict can further be reduced by cooperative, mutual gains orientated problem solving techniques
4) As a result of improved management, conflict will fade from employment relationship
LO1: define collective agreement
labour contract that addresses variety of issues, such as wage + benefits, hours of work, working conditions, grievance procedures, safety standards, probationary periods, work assignments; usually negotiated between local union’s bargaining committee and human resource or industrial relations department
LO1: 2 causes of unions
1) push
2) pull
LO1: explain union push
Some employees are pushed or forced into joining a union because of employer treatment of the workforce, peer pressure by coworkers to join a union, or collective agreement provisions requiring an employee to join if he or she wants the job in question
LO1: explain union pull
Employees are pulled into the union because of the benefits of union representation (such as higher wages, greater benefits, job security, and grievance representation)
LO1: 3 reasons employees join unions
1) Job dissatisfaction
2) Individual attitudes toward unions
3) Perceived union instrumentality (beliefs about what unions can do for employee)
LO1: 5 reasons employees don’t join unions
1) Belief that union membership may harm chances for promotion
2) Viewed as having another “boss”
3) Extra costs (dues or lost wages from strike)
4) Past experience or isolated stories of union wrongdoing
5) Employer policies and treatment are fair
LO1: 3 stats on canadian view towards unions
1) Among current union members, 71 percent would prefer to be unionized and 46 percent of formerly unionized workers would prefer to be unionized
2) Only 1/5 of non-union employees reported being interested in being unionized
3) Most believe secret ballot vote should be required
LO2: what does not change with union
Profit objectives + budget goals often not shared with union and supervisors + managers retain primary responsibility for employee performance + do not reduce need for HR
LO2: what are union objectives influenced by
wishes of its members, aspirations of its leaders, + financial and membership strength of union
LO2: external influences of union
financial condition of employer, gains of other unions, inflation, unemployment rates, gov policies
LO2: 2 types of unionism
1) business
2) social/reform
LO2: define business unionism
Practice of unions seeking to improve wages, hours, and working conditions and workers in general. Recognizes that union can survive only if it delivers a needed service to its members in a businesslike manner.
LO2: define social/reform unionism
Seeking to further members’ interests by influencing social, economic, and legal policies of governments
LO2: 2 major types of unions
craft, industrial
LO2: define craft unions
Composed of workers who possess the same skills or trade (e.g. carpenters)
LO2: define industrial unions
Include the unskilled and semi-skilled workers at a particular location
LO2: 4 points to structure of local union
1) Union steward/representative elected by workers and helps them present problems to management
2) If steward cannot resolve problem, grievance committee takes problem to HR or higher management
3) Also includes bargaining committee, business agent, secretary-treasurer, president
4) Business agent common in craft union locals
LO2:important levels of union structure
local unions, national + international unions, labour congresses
LO2: define local union
branches of a union that are locally based and form part of a larger union
LO2: 1 point to local union
Provide the members, the revenue, and the power of the union movement
LO2: 2 points to national + international unions
1) Many local unions are part of a larger national or international union
2) Exist to organize and help local unions, pursue social objectives of interest of members
LO2; 2 examples of national union
unifor, canadian union of public employees
LO2: 2 examples of international union
united steelworkers, international brotherhood of teamsters
LO2: 2 points to canadian labour congress
1) Represents many unions in Canada (about 3.3 million members)
2) Largest labour federation but not only one. Can also be federations operating at provincial/municipal level.
LO2: 5 main functions of CLC
1) representing Canada at the International Labour Organization
2) influencing public policy at the federal level
3) enforcing the code of ethics set out in its constitution
4) providing services (such as research and education) for its member unions
5) resolving jurisdictional disputes among its member unions
LO2: 4 points to secession
1) unions breaking from international unions
2) Motivated by desire for more autonomy and development of policies aimed at specifically addressing needs of Canadian workers
3) Dramatic breakaway: canadian auto workers severed ties with international union (united auto workers)
4) Canadian members of international unions complain they receive small share of union benefits
LO2: 5 points to trends in union membership
1) 30.4% of paid workforce (4.5 million workers) belonged to unions in 2017
2) More than 50% of union members are female, growing
3) Unions are organizing service employees
4) Part-time employees less likely to be unionized
5) Larger workplaces more likely to be unionized
LO2: most unionized jobs
education -> public administration ->utilities -> health care and social assistance
LO2: least unionized jobs
agricultural -> science, professional, tech -> accommodation/food services
LO2: 4 explanations for decline in union representation globally
1) decline in manufacturing sector
2) constraints that globalization of financial markets put on macroeconomic policies
3) competition from developing countries with low labour costs resulting in loss of low skilled, labour intensive jobs in high wage countries
LO2: 3 impacts of union representation
1) strikes
2) wages + benefits
3) productivity
LO2:4 points to strikes
1) Most collective agreements are settled without a strike or lockout
2) Strike puts financial pressure on employees, normal family patterns + routines disrupted, physical + emotional harm, when they return to work issues may never go away, can take 4-6 weeks to return to normal working conditions
3) Some argue bans on replacement workers doesn’t reduce strikes
4) Trust destroyed between parties, can be resolved with consultants in expertise in psych and social work, return to work training programs for managers, EAP programs
LO2: 2 reasons strikes occur
1) mistake/misjudgement
2) collective voice
LO2: explain strike as mistake/misjudgement
Parties have uncertain and imperfect info when trying to negotiate agreement or one or both negotiation terms are inexperienced negotiators
LO2: 2 points to strike as collective voice
1) Perception on part of workers that they are not being treated fairly
2) Mechanism to voice discontent to management
LO2: when are strikes less common (5)
1) workers had more autonomy
2) employer introduced progressive HRM practices
3) union was in strategically weak position
4) employers had large share of market
5) small firms
LO2: 2 points to wages and benefits of union
Higher wages
More comprehensive benefits
LO2: 3 points to productivity result of unions
1) Relationship between unionization and productivity is subject to debate
2) Unions reduce employee turnover (less quit), increase tenure with firm, raise productivity or output per worker
3) In most jurisdictions, employers have right to operate during strike but some choose not to
LO3:law of unions
Gov and provinces have own labour legislation
LO3: 5 common core of labour legislation
1) right to join a union
2) good faith bargaining
3) no strikes or lockouts during life of collective agreement
4) prohibition of unfair labour practices
5) conciliation
LO3: explain no strikes or lockouts during life of collective agreement
All jurisdictions require that a collective agreement be in force for at least 1 year
LO3: explain conciliation common core of labour legislation
Right of union to strike or employer to lock out employees is in most provinces delayed until conciliation process has been exhausted
LO3: define labour relations board
Boards set up in the federal and provincial jurisdictions to administer labour relations legislation
LO3; what can labour relations board do
Investigate violation of the law and have the power to investigate and make decisions
LO3: 5 decisions labour relations board can make
1) whether person is employee for purposes of law
2) whether employee is member of trade union
3) whether org is an appropriate bargaining agent for bargaining purposes
4) whether a collective agreement is in force
5) whether any given party is bound by agreement
LO3: 5 LRB procedures for redressing unfair labour practice
1) individual or org contacts appropriate LRB office (provincial or federal) and explains alleged violation
2) if case has merit, LRB informs other party of complaint and asks for response
3) LRB gives parties involved opportunity to present evidence and make representations. If complains can’t be solved informally, LRB conducts official hearing with interested parties present and usually represented by legal counsel
4) on basis of evidence, board will either dismiss case or if one party is found guilty of a violation issue a cease and desist order. This order is enforceable in court of law
5) courts decide if verdict can be appealed or not. Appeal can be made in matters of jurisdiction, failure to pursue legit complains, procedural irregularities
LO3: traditional court vs labour relations board
LRB are more flexible in procedures for resolving conflict. Board decisions like court are binding and can’t be appealed except on procedural matters.
LO4: 3 points to union organizing
1) A union exists only when workers create it
2) During regular working hours, employees are not allowed to discuss unionization with co-workers
3) Other techniques are used to encourage workers to sign authorization cards including handbills, speeches, conversations, and home visits
LO4: define authorization card
cards signed by workers to join a union, depending on jurisdiction, a union may be certified either on the basis of card signatures or as a result of an election
LO4: what happens prior to union organizing campaigns
there are often signs of employee interest
LO4: signs of employee interest in union
1) Turnover and absenteeism rates are higher than industry/community norms
2) Employee satisfaction surveys show that employees are dissatisfied
3) Pay and benefits are below average
4) Ineffective procedures for resolving employee complaints
LO4: 3 stages to employers defence in event employer is committed to remain union free
1) remove incentive to unionize through effective HRM
2) discussing impact of unionization
3) when an election is about to be held, encourage employees to go out and vote because chance of union victory may decline as voter turnout increases
LO4: define unfair labour practices
practices by management such as interfering with or discriminating against employees who undertake collective action. Can also be committed by unions
LO4: 4 unfair management labour practices
1) Interfering in the formation of a union
2) Financial contribution (allowances for providing office for union or paid leave for union officials)
3) Discriminating based on union membership and exercising rights granted by labour relations statuses
4) Intimidating or coercing an employee to join or not join
LO4: 5 unfair labour union practices
1) Trying to bargain when the union is not the certified bargaining agent
2) Persuading employees during working hours, or at the workplace to join or not join
3) Penalizing or intimidating individual because they have filed a complaint or testified in any proceedings pursuant to the relevant labour relations statute
4) Illegal strikes
5) Failing to represent employees fairly
LO4: 4 ways Legal recognition or bargaining rights may be obtained
1) voluntary recognition
2) through certification by LRB
3) A prehearing vote or automatic certification resulting from unfair labour practice.
LO4: 2 points to voluntary
recognition
1) Occurs if union has organized majority of employees and employer is satisfied union did not apply undue pressure in org process
2) Employer accepts union as legal bargaining agent without any involvement of a 3rd party
LO4: 2 points to certification by LRB
1) If 50-65% sign union cards, the LRB may certify without an election
2) If 35-45% sign cards, election is mandatory. Secret ballot is taken. If union loses another election among same employees cannot be held for 1 year. (lose if less than majority vote against)
LO4: explain prehearing vote or automatic certification resulting from unfair labour practice.
Most jurisdictions provide for automatic certification is employer actions (unfair labour practices) are such that true wishes of employees may not be known
LO5: 3 phases in negotiating union contract
1) preparing for negotiations
2) negotiating with union
3) approving proposed agreement
LO5: 3 points to phase 1: preparing for negotiation
1) The purpose of negotiations is to achieve a collective agreement
2) Labour relations specialists need to monitor environment to obtain info about likely union demands
3) Mgmt may include contract language that increases flexibility at workplace like “and other duties assigned”
LO5: define management rights
rights that provide management with freedom to operate the business subject to any terms in the collective agreement
LO5: define residual rights theory of mgmt
employers have authority over all issues not contained in collective agreement. Unions argue that residual rights don’t exist.
LO5: what do most union contracts have
Management rights clause
LO5: 6 points to phase 2: negotiating with union
1) Success of this stage depends on how well each side has prepared, skill of management + union negotiators and bargaining power of each side
2) Often start 60-90 days before end of present contract
3) Cover variety of issues related to terms and conditions of employment
4) Successful bargaining usually starts with easy issues to built pattern of give and take and sense of past progress may increase resolve of both sides to find compromise
5) Keep top management out of negotiations because they do not have experience and negotiators can ask for temporary break to review with management
6) If employer forces unacceptable contract, union membership may refuse to ratify contract or union officials and members may refuse to cooperate with management
LO5: 4 points to phase 3: approving proposed agreement
1) Follow up activities of contract administration
2) Often final approval for employer rests with top management
3) If majority of union members vote for proposal, it replaces previous agreement. Otherwise reopen negotiations.
4) Administration begins when both parties sign it
LO5: 5 points to mutual gains bargaining
1) Moves away from traditional adversarial approach
2) Win-win approach – joint problem solving
3) Usually preceded by training in conflict resolution
4) Requires both parties to have commitment, trust, respect, and a long-term focus
5) Skeptical by labour unions as mgmt wants things that will benefit them
LO5: explain recent trend of unions
longer collective agreements. Unions like shorter ones, employers like longer ones.
LO6: explain jurisdiction techniques to resolve disputes
All jurisdictions provide for conciliation and mediation services when labour and management negotiations break down
LO6: define conciliation
Uses a government-appointed third party to bring together the parties
LO6: 2 points to conciliation
1) If conciliation fails, strikes or lockouts can legally commence usually 2 weeks after submission of conciliator’s report
2) Conciliation board is an option but used infrequently
LO6: 3 points to mediation
1) Disputing parties choose voluntarily to reconcile their differences through a third-party
2) Often will meet separately with each bargaining team, especially when negotiations are hostile
3) Requires sensitivity, patience, expertise in psychology
LO6: 3 things for administering collective agreement
1) grievance
2) grievance procedures
3) arbitration
LO6: explain grievance
Complaint by an employee or employer that some aspect of a collective agreement has been violated
LO6: define grievance procedure
ormalized procedure for resolving disputes if parties have a disagreement regarding the interpretation of a term of the collective agreement
LO6: 3 points to grievance procedures
1) Most collective agreements include formal multi-step procedures to resolve grievances
2) Labour legislation typically requires that grievance can’t be resolved until parties submit to arbitrator whose decision is final and binding
3) Employees cannot bring case to court rather than arbitration if not permissible in collective agreement
LO6: define arbitration
settling of a dispute between labour + management by 3rd party
LO6: 4 points to arbitration
1) Used as a provision for final settlement
2) Decision is final
3) Strike or lockout illegal
4) Concern that this procedure is becoming too costly, too slow, too legalistic, unacceptable solutions
LO6: 5 steps in grievance procedure
Preliminary discussion: aggrieved employee discusses complain with supervisor with or without union representative. Management may resolve grievance to satisfaction of union or union may drop grievance
1) complain put in writing + formally presented by shop steward to first level supervisor. Normally supervisor must respond in writing within 2-5 days
2) chief steward takes complaint to department superintendent. Written response required, usually 1 week
3) complain submitted to plant manager/chief administrative officer by union plant or grievance committee. Written response typically required.
4) arrangements made for arbitrator or board to settle the matter
LO6: 3 points to handling grievances by mgmt
1) Should be settled on merits, carefully investigated and decided on facts
2) Cause of each grievance should be recorded - large number of grievances may be poor supervision or lack of understanding of the contract
3) Final solution needs to be explained to those affected
LO6: 4 contract provisions
1) seniority
2) discipline
3) union security
4) past practice
LO6: define seniority
length of workers employment
LO6: 2 points to seniority
1) Used for determining order of promotions, layoffs, vacations etc.
2) Most recently hired employees first to go
LO6: 2 points to discipline
1) Employer must have “just cause” to dismiss
2) In determining just cause, the following factors are important: nature of offence, due process, past record, seniority and age, knowledge of rules, previous warning by mgmt, lax enforcement/condonation by mgmt in past, unequal treatment of employees, provocation by mgmt, isolated incident, sincere remorse
LO6: 4 types of union security
1) closed shop
2) union shop
3) rand formula/dues check off
4) open shop
LO6: define closed shop
employee must be union member prior to obtaining employment and pay dues to union. Common in construction and longshore industries
LO6: define union shop
employers may hire anyone they want but all new employees must join union within specified period and pay dues. If employee refuses to join they need to be terminated.
LO6: define rand formula/dues check off
Employer must deduct union dues from employees’ wages and remit funds to the union. Employee not required to join union.
LO6: define open shop
individual does not have to join union and not required to pay dues
LO6: define precedent
new standard that arises from past practices of either company or union
LO6: 2 things fear or past practice does
employee related decisions centralized in HR department, cannot be done by supervisors including discipline, only provide recommendations; 1) increase training of supervisors in administration of contract, ensure consistency
LO6: public sector bargaining act
Public Service Staff Relations Act (PSSRA)
LO6: 2 points to public service staff relations act
1) Passed in 1967
2) Gave federal civil servants bargaining rights similar to those granted workers in the private sector, usually right to bargain for wages, hours, working conditions and gave right to strike
LO6: define public service staff relations act
Provides federal public servants with the right to unionize and either opt for compulsory arbitration or strike if deadlock in bargaining occurs
LO6: diff between private sector and public
law allows the employer to designate certain employees as performing essential services, thus divesting them of the right to strike. Final decision is made by public service staff relations board
LO6: gov employees across canada
there is little uniformity across canada
LO7: 4 dominant activities of labour relations professional
1) Conflict resolution management
2) Coaching with regard to labour relations best practices
3) Administration of the collective agreement
4) Grievance settlement
LO7: key issue for HRM
obtaining union involvement in managing change
LO7; what do unions stay away from
contingency compensation plans like profit sharing, productivity sharing, ESOP
LO7: union avoidance strategies explain
Employers adopt union suppression or union substitution approach to avoid unionization. Some argue this goes against right to bargain
LO7: 2 points to union supression
1) Fighting union representation
2) Employer may try to intimidate workers, threaten closing or moving the plant or facility
LO7: 2 points to union substitution
1) Examines what unions bring to the employment relationship and tries to introduce these features
2) Advocated by many HR practitioners, consultants, and labour lawyers
LO7: 8 features of union substitution
1) design satisfying jobs
2) maximize opportunities
3) select qualified workers
4) establish fair standards
5) train workers + managers
6) evaluate based on performance
7) employee voice
8) pay/benefits are parallel to those available in union sector
LO8: 3 ways unions impact HR function
1) HR department may be expanded to add labour relations specialists
2) Greater centralization of employee record-keeping and discipline—for uniformity
3) Management has less freedom to make unilateral changes
LO8: 2 points to labour management cooperation
1) Increasing acceptance that labour and management must cooperate to succeed and for org performance, enhanced product quality, greater customer satisfaction
2) Some employers use cooperation to stress the system by reducing employees/resources, giving workers more tasks, speeding up assembly line
LO8: 5 cooperation methods
1) Prior consultation with union leaders to defuse problems before they become formal grievances
2) Sincere concern for employee welfare
3) Training programs to communicate intent of union and reduce biases and misunderstandings
4) Joint study committees to find solutions
5) Third parties who provide guidance and programs
LO8: explain what training can include
Can include paraphrasing contract or outside parties to do training
LO8: explain joint study committees
Often used for workplace rules, quality of work life, tech change, budget reduction strategies, safety
lecture: During a labour organizing drive, supervisors questioned individual employees about their union beliefs. Was this questioning permissible?
No. Individual questioning of employees about their union membership or activities is unlawful.
lecture: While an organizing drive was under way, an employer agreed—as a social gesture—to furnish refreshments at a holiday party. Was the employer acting within the law?
Yes. However, this must be part of normal conduct and cannot be interpreted as a gesture to buy votes.
lecture: A company distributed to other anti-union employers in the area a list of job applicants known to be union supporters. Was the distribution unlawful?
Yes. Blacklisting of job applicants or employees is against labour law.
lecture: During a union organizing drive, the owner of Servo Pipe promised her employees a wage increase if they would vote against the union. Can the owner legally make this promise to her employees?
No. During an organizing drive, an employer cannot promise improvements in wages or benefits as a means of defeating the union.
lecture: John Green, a maintenance engineer, has a poor work record. Management wishes to terminate his employment; however, Green is a union steward and is highly critical of the company. Can management legally discharge the employee?
Yes. Employees can be disciplined or discharged for work-related misconduct but not solely because of their union affiliations or union sentiments.
lecture: explain the fifth estate bitter harvest
we have a seasonal agriculture migrant program to give workers better life, keep prices low, ensure unions are suppressed, allow for higher profits for farmers
