Employee and Labour Relations (10.4%) Flashcards
Labour Relations
relationship between empr, epees, and union representative
Employee Relations
relationship between empr and epee
Legislation
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
Federal Legislation - Canada Labour Code Part 1: industrial RElations
regulates org under federal jurisdictions (as defined in the Professional Practice module)
Provincial / Territorial Labour Relations Codes/Acts
regulate org w/in prov and territorial jurisdiction
Public Service Labour Relations Act
gives federal civil servants and individuals working in federal agencies bargaining rights
some provinces, e.g. BC, have special legislation for public servants
Characteristics of Canada Labour Relations Legislation
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
The Certification Process
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
Restriction on Management Action to Prevent Unionization
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
Requirement to Bargain in “Good Faith”
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
Extensive Restriction on Strike Action
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
Compulsory Grievance Arbitration
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
Recognition of the Right to Union Security
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
Closed Shop
the requirement that a person be a member of the union before being hired
Union Shop
the requirement that a person join the union upon being employed
Dues Shop or Rand Formula
requirement that a person at least pay union dues as a condition of employment
Administration of Labour Legislation in Canada
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
Labour Relations Boards
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
Courts
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
Labour Relations Continuum
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
Yellow-dog contracts
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
Blacklisting
list of individuals who are known to be union sympathizers
Anti-union tactics
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
Before current legislation
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
Business unionism
reason for unionization
focus on increased economic benefits, improved treatment and job security
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
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
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
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
Certification
procedure whereby a union is awarded the right to represent a group of epees
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
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)
Authorization card / membership card
a card signed by epees indicating their willingness to be represented by a union
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)
Representation vote
secret ballot vote by members of the bargaining unit resulting in the acceptance or rejection of the union by epees
Voluntary Recognition
a procedure, recognized in legislation, where the empr accepts the union without going through a formal certification process
Union stakeholders
1) bargaining agent
2) business agent
3) chief steward
4) union steward
Bargaining agent
the union that has been certified by the labour relations board to represent the epees in the bargaining unit
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
Chief Steward
the senior union steward for an area
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
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
Union Acceptance Strategy
When the empr views the union and collective bargaining process as legitimate and appropriate for their organization
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
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.)
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
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
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