Employee and Labour Relations (10.4%) Flashcards

1
Q

Labour Relations

A

relationship between empr, epees, and union representative

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2
Q

Employee Relations

A

relationship between empr and epee

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3
Q

Legislation

A

due to globalization and free trade, legislation abroad has improved to enhance the rights of workers

Federal Legislation –> Canada Labour Code Part 1: Industrial Relations

Provincial/Territorial Labour Relations Codes/Acts

Public Service Labour Relations Act

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4
Q

Federal Legislation - Canada Labour Code Part 1: industrial RElations

A

regulates org under federal jurisdictions (as defined in the Professional Practice module)

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5
Q

Provincial / Territorial Labour Relations Codes/Acts

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regulate org w/in prov and territorial jurisdiction

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6
Q

Public Service Labour Relations Act

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gives federal civil servants and individuals working in federal agencies bargaining rights

some provinces, e.g. BC, have special legislation for public servants

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7
Q

Characteristics of Canada Labour Relations Legislation

A

1) The Certification Process
2) Restriction on Management Action to Prevent Unionization
3) Requirement to Bargain in “Good Faith”
4) Extensive Restrictions on Strike Action
5) Compulsory Grievance Arbitration
6) Recognition of the Right to Union Security

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8
Q

The Certification Process

A

virtually all CAD collective-bargaining legislation provides a relatively simple procedure by which unions can acquire collective bargaining rights

Procedure allows union to apply to labour board and to become exclusive bargaining agent for all epees in the bargaining unit

This procedure is the principal method by which trade unions acquire bargaining rights; although they may also be voluntarily recognized by the empr

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9
Q

Restriction on Management Action to Prevent Unionization

A

legislative protection is provided to epee prohibiting certain actions on the part of management to frustrate or prevent unionization

necessary as traditionally mngmt doesn’t support unionization (perceived to erode mngmt freedom while resulting in greater administrative burden)

restricts mngmt from intimidating or coercing epees from joining a union

BC & Quebec –> prohibits the use of replacement workers during a legal work stoppage

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10
Q

Requirement to Bargain in “Good Faith”

A

as part of Canadian legislation the parties are required to bargain with eachother in a sincere and respectful manner and with the honest intention of reaching an agreement

refusing to meet, taking actions that frustrate the process or communicating directly with epees about issues that are at the bargaining table are actions considered to be not in good faith and therefore illegal

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11
Q

Extensive Restriction on Strike Action

A

CAD collective-bargaining legislation (in almost all jurisdictions) severely curtails the use of economic sanctions by either of the parties

strikes for the purpose of gaining recognition are expressly prohibited, as are strikes occurring during the life of a collective agreement and in certain identified essential services

even where the parties are bargaining for a collective agreement, the right to strike is postponed until the parties have exhausted certain dispute-settlement procedures, such as conciliation and meidation

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12
Q

Compulsory Grievance Arbitration

A

the complete restriction upon strikes and lockouts during the life of the collective agreement has created a requirement for a procedure in collective agreements for final and binding resolution of any unresolved disputes related to its interpretation and administration

mandatory arbitration of issues

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13
Q

Recognition of the Right to Union Security

A

unions are permitted by legislation to bargain for such arrangements as the closed shop, union shop, and the dues shop or Rand formula

some jurisdictions go even further by making the Rand formula mandatory, while others only go so far as to require the employer to collect dues on behalf of the union where authorized by the epee

this approach contrasts sharply with some American jurisdictions where “right to work” laws have restricted union-security arrangement

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14
Q

Closed Shop

A

the requirement that a person be a member of the union before being hired

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15
Q

Union Shop

A

the requirement that a person join the union upon being employed

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16
Q

Dues Shop or Rand Formula

A

requirement that a person at least pay union dues as a condition of employment

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17
Q

Administration of Labour Legislation in Canada

A

Administration is through labour relations boards

Boards are public agencies that have some independences from government

two other institutions, ad hoc arbitration boards and the courts also have roles to play in the administration of the legal structure (roles are less prominent than that of the labour relations boards)

depend on eligibility by individual (jobs) to be in the bargaining unit

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18
Q

Labour Relations Boards

A

each of the CAD jurisdictions has established its own structure to administer its collective-bargaining laws

usual structure is the labour-relations boards, although a variation of this pattern can be found in Quebec where the responsibility for administering its collective-bargaining statue is divided btwn public officials called investigative commissioners and a provincial labour court

Boards, as a rule, are tripartite in composition - being composed of

  • an independent chairperson
  • union representatives
  • empr representatives

Chairperson and board members are appointed for either a fixed term or at the pleasure of the government

labour boards employ support staff of civil servants to carry out their administrative function. Their role is to resolve recognition disputes,determine whether a union should be granted certification rights and define the appropriateness of the bargaining unit

they also deal with unfair labour complaints, complaints as to whether a union is fulfilling its obligations to provide fair representation and jurisdictional disputes between unions

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19
Q

Courts

A

courts can play a role in labour relations law because of

  • their general jurisdiction to administer civil and criminal law,
  • their power to review the decisions of labour boards and arbitration boards, and
  • their role as the ultimate interpreter of the CAD constitution

the most common use of the courts is during an illegal work stoppage where mngmt will seek a court injunction against the strike

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20
Q

Labour Relations Continuum

A

relationship btwn mngmt and organized labour exists on a continuum stretching from conflict at one end to collusion at the other with identifiable points between the two extremes: containment-aggression, accommodation, and cooperation

Where the relationship is on the continuum determines to a very large degree the way the parties interact with one another

conflict containment/aggression –> accommodation –> cooperation –> collusion

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21
Q

Yellow-dog contracts

A

anti-union tactics

  • agreement between empr and epee in which epee agrees, as a condition of employment, not to be a member of a labour union
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22
Q

Blacklisting

A

list of individuals who are known to be union sympathizers

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23
Q

Anti-union tactics

A

Yellow-dog contracts and blacklisting

emprs would secure signed agreements with epee not to unionize and not hire individuals who were known to be union sympathizers

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24
Q

Before current legislation

A

no regulation prohibiting use of unfair labour practices on part of empr

no restrictions on terms and conditions emprs provided their epees

epees organized in order to change this situation and continue to belong and support their bargaining agents for the same reason today

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25
Business unionism
reason for unionization focus on increased economic benefits, improved treatment and job security
26
Frequent reason for belonging/joining
belong/join due to feeling of unbalanced power either because they feel insecure in their positions, unfairly treated, unheard, or unable to influence their working conditions
27
Reasons join a union
- Influence HR policies and practices affecting them and their co-workers - Achieve better pay and benefits - Achieve greater control over the jobs being performed - Increase job security - Improve working conditions - Help achieve greater job satisfaction and meet their affiliation needs - influence the rules and procedures regarding discipline, transfers, promotions, grievances, and layoffs
28
Nature of Unions
b/c democratic organization, can be highly political depending upon the support of their members in order to continue to exist political element extends through all aspects of the labour-management relationship from initial organizing through collective bargaining to administering the collective agreement and the union's "duty to fairly represent" all members of the bargaining unit
29
Certification and Unionization Terms
1) Certification 2) Automatic certification 3) decertification 4) Authorization card / membership card 5) Pre-hearing vote 6) representation vote 7) voluntary recognition
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Certification
procedure whereby a union is awarded the right to represent a group of epees
31
Automatic certification
occurs when there is such a strong epee support that it negates the need for a certification vote prior to the labour relations board (LRB) granting certification
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Decertification
occurs when the majority of epees make it known that they do not wish to be represented by a union, they wish to be represented by another union, or the union fails to successfully negotiate a first contract (in jurisdictions where contracts are not imposed by arbitration)
33
Authorization card / membership card
a card signed by epees indicating their willingness to be represented by a union
34
Pre-hearing vote
called by the LRB early in the certification campaign where there appears to be irregularities in the certification process (not applicable in BC)
35
Representation vote
secret ballot vote by members of the bargaining unit resulting in the acceptance or rejection of the union by epees
36
Voluntary Recognition
a procedure, recognized in legislation, where the empr accepts the union without going through a formal certification process
37
Union stakeholders
1) bargaining agent 2) business agent 3) chief steward 4) union steward
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Bargaining agent
the union that has been certified by the labour relations board to represent the epees in the bargaining unit
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Business Agent
a paid, full-time, elected or appointed union official involved in negotiating the collective agreement, helping to administer its terms, and handling grievances
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Chief Steward
the senior union steward for an area
41
Union Steward
a union member and colleague elected by workers to act as their representative. stewards receive, investigate, and attempt to resolve complaints and grievances, inform members of union policies and meetings, and recruit new members may have multiple
42
Labour Relations Strategies
1) Union Acceptance Strategy 2) Union Avoidance Strategy 3) Union Suppression Approach 4) Union Substitution 5) Business Unionism 6) Grass Roots Unionism 7) Social / Reform Unionism
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Union Acceptance Strategy
When the empr views the union and collective bargaining process as legitimate and appropriate for their organization
44
Union Avoidance Strategy
when the empr prefers to be non-union and has developed HR policies and programs that discourage epees from wanting to join a union this is sometimes referred to as union substitution or proactive HRM
45
Union Suppression Approach
a union avoidance strategy that uses "hard-ball" tactics (e.g. frustrating the successful negotiation of a first contract leading to decertification, using replacement workers during strikes or lockouts when legal, contracting out, etc.)
46
Union Substitution
a term used to describe a proactive, positive strategy whereby the implementation of effective human resource management strategies serves to substitute the desire among epees for a union provides everything desired w/o union; same/similar to union avoidance strategy
47
Business Unionism
a union philosophy whereby the union recognizes that it is a business and can only survive if it delivers needed services in a business-like manner to its members the usual focus of a business union is on economic and security issues
48
Grass roots unionism
a socio-political movement that is driven from the bottom up and is characterized by locals having a high degree of autonomy
49
Social / Reform Unionism
union activity directed at influencing the social and economic policies of government
50
Labour Relations Organizations
1) Labour Union 2) Bargaining Unit 3) Local 4) Independent Local Unit 5) Industrial Union 6) Craft Union 7) District Labour Council 8) Employee Associations 9) Industry Bargaining Association 10) Provincial Federation of Labour
51
Labour Union
recognized association of epees who have joined together to deal with mgnmt ``` labour unions have - charters - constitutions - by-laws and are governed by legislation ```
52
Bargaining Unit
a group of epees recognized by the labour relations board as an appropriate "unit" for the purpose of certification and collective bargaining
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Local
Smallest unit within a union representing a group of epees, usually in a particular geographic area or location
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Independent Local Union
a union not affiliated with a larger labour org'n such as a national union (e.g. Canadian Autoworkers or the Canadian Union of Public Employees) or with a provincial federation of labour or the Canadian Labour Congress
55
Canadian Labour Congress
national trade union centre, central labour body in English Canada to which most Canadian labour unions are affiliated
56
Industrial Union
A union representing all epees in a particular organization or industry
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Craft Union
a union limited to represent skilled epees practicing the same craft or trade (e.g. electricians, plumbers, etc) resulting in eachcraft having their own union, focused on representing their uniqueneeds
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District Labour Council
a regional structure or association whereby unions that are part of the Canadian Labour Congress and the Provincial Federation of Labour can come together to work on local issues of common concern
59
Employee Associations
normally represent white collar or professional employees they also include epee groups that are not certified as bargaining units under the labour code but carry out negotiations with emprs on behalf of epees (e.g. doctors)
60
Industry Bargaining Association
in certain circumstances, companies may decide to band together to bargain "collectively" with the union that is certified as the bargaining unit at each of their operations
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Provincial Federation of Labour
a province-based structure that allows unions associated with the Canadian Labour Congress to come together around provincial issues
62
Unethical Practices
1) Blacklist 2) Unfair Labour Practices 3) Yellow dog contract
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Blacklist
an empr's list of ppl known to be union organizers or sympathizers that is circulated to ensure they are not hired
64
Unfair Labour Practice
an action by an empr or union that unfairly affects an epee in making a free choice to unionize unfair labour practices include TIPs - threats, intimidation, promises (unrealistic), or spying when certification process is under way
65
TIPS
- Threats - Intimidation - Promises (unrealistic) - Spying once certification process is under way
66
Yellow Dog Contracts
a former practice regarding epees to sign agreements indicating that they were not members of the union, nor would they become members while employed today this is illegal
67
Certification Process
1) Employees desire collective representation | 2) Organizing campaign is launched
68
Employees Desire Collective Representation
union representatives (union organizers) meet with epees to assess desire
69
Organizing campaign is launched
1) initial organizing meeting is held 2) in-house organizing committee is established 3) information is gathered (e.g. list of epees, etc); the empr is under no obligation to provide information 4) epees are contacted; this activity is not allowed to be conducted during regular work shifts/hours 5) Authorization cards are signed indicating that the epee is willing to have the union act on his/her behalf 6) If minimum number of cards are signed, the union may apply to have a vote held (per ranges from 25% to 60% depending on jurisdiction), sometimes taking place after a "quiet period" 7) LRB reviews and determines the appropriateness of the bargaining unit by considering a) wishes of empr and trade union b) commonality of interest among epees 8) once bargaining unit has been determined, level of membership support is determined as indicated through signed authorization cards 9) Pre-hearing votes can be called by the LRB if there is a sense that unfair or irregular practices by either side have taken place. A pre-hearing votes is conducted prior to the determination of the appropriate bargaining unit. The ballot box is sealed until the appropriate bargaining unit is defined, and only ballots of eligible bargaining unit members are counted 10) automatic certification can occur in some jurisdictions if the union can demonstrate a high enough level of support (generally 50% to 55%) or if the LRB determines there has been an unfair labour practice on the part of the empr 11) representation vote is supervised by the LRB 12) depending on the jurisdiction, either 50% + 1 of the potential bargaining unit members or 50% +1 of those voting is required for the vote to be successful 13) Voluntary recognition can occur if the LRB considers the bargaining unit to be appropriate and that the majority of epees desire it
70
Collective Bargaining Terms
1) collective agreement 2) collective bargaining 3) bargaining zone 4) cooling off period 5) work stoppage 6) lockout 7) strike 8) wildcat strike 9) picketing 10) secondary picketing 11) replacement workers (scabs) 12) good faith bargaining 13) concessionary bargaining 14) distributive bargaining 15) integrative, mutual gains, or interest based bargaining 16) productivity bargaining 17) pattern bargaining 18) surface bargaining 19) whipsaw 20) mediation 21) conciliation 22) interest arbitration 23) final offer arbitration 24) ratification 25) strategic choice model
71
Collective Agreement
a signed agreement btwn an empr and a union outlining terms and conditions of work (essentially the emp't contract)
72
Collective Bargaining
the process used by the bargaining agent (union) to reach a collective agreement with an empr under collective bargaining individual epees surrender their rights to negotiate individual conditions of employment with their empr any and all changes to conditions of emp't have to be negotiated/agreed to by the union/collective bargaining agent
73
Bargaining Zone
the area defined by the bargaining limits of each side it is the zone within which both parties are willing to negotiate/concede max of empr and min of bargaining unit
74
Cooling Off Period
a mandatory provision in a number of jurisdictions whereby the parties must wait a prescribed period of time before taking action in the event of negotiations breaking down
75
Work Stoppage
a neutral term used to refer to strikes and lockouts, which does not assign responsibility for the breakdown in labour-management relations
76
Lockout
occurs when empr temporarily refuses to provide work to bargaining unit epees
77
Strike
a temporary refusal to work following a successful strike vote 95% of labour negotiations are settled w/o a work stoppage to be lawful, strikes must occur in accordance with the provisions of the jurisdiction and LR statutes
78
Wildcat strike
a spontaneous walkout not sanctioned by the unions they may be legal or illegal depending on the timing in certain instances, management will seek an injunction from the courts requiring the union and epees to end the strike
79
Picketing
sometimes referred to as "information picketing" conducted by striking epees and sympathizers to make their displeasure known primary picketing is limited to the place of emp't or to the place where the "struck" work is being performed it is illegal to picket on private property without permission or to block business entrances and exits
80
Secondary picketing
picketing directed at other org'ns such as the suppliers or customers of the primary org'n undergoing the work stoppage
81
Replacement workers (scabs)
are hired by the empr to perform the duties of epees who are on strike not allowed in BC - exception
82
Good Faith Bargaining
the union and empr make reasonable efforts to arrive at an agreement it suggests an iterative process of proposals, negotiations, and willingness to compromise refusing to bargain or delay the process can be seen as bad-faith bargaining making unilateral changes to the conditions of emp't during negotiations or by-passing the epees representatives is considered to be bad-faith bargaining
83
Concessionary Bargaining
a form of bargaining involving concessions being made by the union (rollbacks) or an agreement to freeze monetary rewards in return for job security usually occurs during sever economic downturns
84
Distributive Bargaining
a win-lose negotiation strategy it is most appropriate when the issues being negotiated are measured in finite terms (e.g. monetary items such as wages and benefits) this is the most common form of bargaining used today
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Integrative, Mutual Gains, or Interest-based Bargaining
win-win outcomes are the desired result this approach requires a genuine interest in both sides to jointly explore issues and develop mutually beneficial solutions involves joint fact finding and information collection, the use of brainstorming for possible solutions, and a commitment to open communication and mutual respect between parties
86
Productivity bargaining
a form of integrative bargaining geared to improve productivity resulting in new work practices
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Pattern Bargaining
where the union uses the settlement made with another empr as a model to follow follow what the industry is doing
88
Surface Bargaining
going through the motions without real intent to reach an agreement can be unfair labour practices
89
Whipsaw
union strategy for using the settlements of others to gain ground (e.g. threaten to strike unless the same deal as provided by a competitor is provided) use other settlement to better self (reciprocal --> back and forth)
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Mediation
way of resolving disputes in which an independent third party is engaged to help the parties come to a final decision based on the facts given through the discussion mediation is not legally binding so it does not have to be following non-binding
91
Conciliation
neither arbitration or mediation involves the parties choosing an independent third party who hears both sides, either privately or together, and the prepares a compromise which the conciliator believes is a fair disposition of the matter the conciliator's report or conclusions are then put to both side, who may agree or disagree with it it is not binding not is it enforceable unless the parties adopt it non binding, parties choose person conciliation may not follow structured process
92
Interest arbitration
the use of a third party arbitrator to decide upon the terms of a collective agreement arbitrator determine interests to form collective agreement
93
Rights arbitration
occurs during the life of a collective agreement as it pertains to disagreements about the content of the contract, not the negotiation of the contract
94
Final offer arbitration
restricts the arbitrator to selecting one of the final offers made by the parties unlike the other forms of arbitration where the arbitrator must craft the settlement this encourages the parties to be reasonable, since the arbitrator is forced to choose one or the other's last offer typically, it results in one entire offer package being accepted however in some instances, can result in the arbitrator choosing issue by issue as presented by the parties happens during negotiation of collective agreements
95
Ratification
the formal approval required from the bargaining unit members for a proposed settlement union takes agreement back to members and ask if agree not always required by law but is a requirement of most union constitutions approval is achieved when the majority of epees voting are in favour of accepting the negotiated agreement
96
Strategic choice model
taking a "big picture" perspective and approaching negotiation with an understanding about how the labour relations environment will support or integrate with the performance of the org and the achievement of its strategic goals
97
Collective Agreement Standard Terms
- Union Recognition - Union Security - Closed Shop - Union Shop - Modified Union Shop - Maintenance of Membership - Rand Formula - Open Shop - Check off of dues - Automatic or compulsory check off - voluntary check off - contract expiration date - management rights - acquired rights - no strike or lockout provision - seniority and job security - hours of work and overtime - compensation and benefits - vacation, holiday and paid/unpaid leave benefits - occupational health and safety - grievance and arbitration procedure
98
Union recognition
recognizing the union as the exclusive bargaining agent for the employees in the bargaining unit
99
Union security
dealing with membership issues and the collection of union dues and specifying one of the following provisions - closed shop - union shop - modified union shop - maintenance of membership - rand formula - open shop NOTE: HuRi always allows opt out for rligious reasons; pay equivalent dues --> go to charity; can cross strike but cannot vote
100
Closed shop
indicating that only union members in good standing may be hired. the most restrictive form of union security clause (have to be a member before hired) hiring call (?)
101
Union shop
another form of union security indicating that membership and that payment of dues are mandatory conditions of employment once employed, you become a member union obligated to rep epee
102
Modified union shop
indicating that employees do not need to join the union if they were employed at the time of certification, although they must pay dues can elect not to join if hired before certification; still have to pay dues
103
Maintenance of membership
indicating that once the epee is a member of the union, they must remain a member of the union through to the end of the contract once member, always member until agreement expires
104
Rand formula
a form of union security clause indicating that union membership is not mandatory but that paying union dues is mandatory because unions are reuired to represent all epees fairly and eually (even those who have chosen not to be members) the Rand Formula ensures that the union benefits from everyone's financial support in return for the gains received as a result of the union's efforts. this formula is also known as "dues shop" and "automatic check off" become member when hired unless elect not to but still pay dues
105
Open shop
the weakest form of union security clause, in which membership is voluntary
106
Despite union security clause
unions have the duty to fairly represent all bargaining unit members even if they are not members of the union individuals always have the right to refrain from being a member on the grounds of religious objections (when this occurs, they pay the equivalent amount of dues to a charity)
107
Check off of duties
refers to the collection of union membership dues by the employer automatic or compulsory check off OR voluntary check off
108
Automatic or compulsory check off
stipulates that the employer must deduct union due from epee
109
Voluntary check off
allows the employer to deduct union dues only from those epees who authorize such deductions
110
Contract expiration date
will deal with not only the date of expiry but notice periods for opening negotiations and provisions for the agreement to remain in effect beyond termination if negotiations are taking place
111
Management rights
defined in terms of RESIDUAL RIGHTS whereby all rights held by mngmt prior to existence of the collective ag't continue in effect unless abrogated or modified by a provision in the agreement or are specifically outlined in the wording in the management rights clause in the agreement
112
Acquired Rights
refers to the rights that have been acquired by the union that may not be covered in the collective ag't but can be demonstrated and have been acted upon by the union and employees e.g., if granting vacation with just 2 days' notice has been a common practice, then the union has acquired that right and the employer could not unilaterally change it without notice or negotiation also referred to as DEFINED RIGHTS
113
No Strike or Lockout Provision
it is a requirement in virtually all jurisdictions in Canada that a collective ag't contain a provision prohibiting strikes or lockouts during the term of the agreement
114
Seniority and Job Security
will cover items related to transfers, promotions, lay-off and recall, job posting and severance benefits seniority is viewed as a important issue by unions
115
Hours of work and overtime
will cover shift scheduling length of shifts, breaks and methods for awarding overtime work
116
Compensation and benefits
will be coverd by a number of articles and clauses in the agreement and will deal with everything from insurance and pensions to actual pay rates, job evaluation methods, and cost-of living based changes in wages
117
Vacation, Holiday and Paid/Unpaid leave benefits
in addition to wage compensation and benefits the agreement will include all of the negotiated items dealing with vacation entitlement, paid holidays, and the various kinds of paid and unpaid leave employees are eligible for - such as parental and maternity, educational, political, jury duty, and bereavement leave
118
Occupational health and safety
depending upon the nature of the industry the agreement will contain more or less language related to health and safety and may include items such as: - the OH&S committee - right to refuse unsafe work - clothing - limits to hours of work in safety sensitive areas - drug testing - wellness initiatives
119
Grievance and arbitration procedure
is required by law and outlines the steps, time limits and mechanism for arbitrator selection
120
Clauses in Collective Agreement
labour and management can writer into collective ag't anything that they want to, as long as it is mutually agreed and does not contravene the law