Final Exam Flashcards
Cooperative and adverbial negotiations often take place at the same time
True.
An example of a distributive issue is pensions
F
The bottom line represents the best possible outcome shore of a strike for the union.
T
A focus on real cases, a joint problem solving approach and sharing information are common tactics of building trust.
F
Katz, Kochon and Hicks created a model that takes into account all aspects of collective bargaining, not just monetary issues.
F
Tough and high-priority issues should always be resolved first
F
IBB causes a shift from position to interests
T
Additudinal structuring is another name for?
Building Trust
What is the conflict of interest assumption?
There is a conflict of interests between managers and those they manage.
Which term describes an aspect of collective bargaining that is different from individual negotiations?
Multilateral
What features of collective bargaining make it more complex than individual negotiations?
Involves a variety of people and interests
What name is given to the form of negotiations where two parties compete over the distribution of fixed resources?
Distributive bargaining
Distributive bargaining and attitudinal structuring are examples of what?
Subprocesses of collective bargaining
Which form of negotiations involves two parties competing over a limited resource?
Zero-sum bargaining
TQM stands for totally qualified managers
F
Non union employment- management programs are illegal in canada
F
Evidence to date suggests that employees in non standard work arrangements are better paid than workers in standard jobs
F
Scientific mgmt argued that workers should perform a small number of simple tasks
T
The human relations view of mgmt is the foundation of modern industrial relations
F
It has been argued that human resources mgmt minimizes workplace democracy
T
The strategic choice framework can be used to examine how unions make strategic choices
T
How does the textbook describe the way employees view the fairness of workplace procedures?
Procedural justice
Human resources professionals seek to achieve balance between which factors?
Fairness and efficiency
Freely negotiated collective agreements fill the vacuum between which competing interests?
Employee rights and firms success
What does Barbash’s concept of equity have in common with organizational justice theory?
fair treatment at work
What are two essential elements that contribute to workplace equity?
Voice and due process
Dunlops concept of substantive rules corresponds to which organizational justice concept?
Procedural justice
How are human resources mgmt and industrial relations similar?
Both were founded on organization justice theory
Greivance Procedures are included in collective agreements because they are required under common law.
F
Given that unionized employees often receive more training that nonunion employees, language about training is often included in collective agreements.
T
Since North American unionism is focused on “bread and butter”, mgmt rights is perhaps the most examined area of the collective agreement
F
Generally speaking, unions seek layoff language that protects the most senior employees.
T
Given residual rights, mgmt often seeks to add language to collective agreements that limits managements flexibility.
F
Overall, unions seek collective agreement language that gives the most flexibility to the organization to meet its needs
F
Appendices and schedules of a collective agreement often present pay scales
T
Many organizations introduce computers to automate parts of their operations. In which grouping of clauses in a collective agreement would you find language that deals with this issue?
Organization of work
Distribution of work clauses include which?
introduction of flexible work practices
Which type of clause is the following “Machine operations are responsible for the safe operation of their equipment and will refer all breakdowns and troubleshooting to the maintenance crew”?
Distribution of work
Grievance clauses are part of which grouping of clauses in collective agreement language?
Labour relations processes
According to your text, which clause is the most referenced sections of a collective agreement?
Conditions of work
What would be found in conditions of work clauses in collective agreements?
Layoffs
What does the term ‘bread and butter’ unionism refer to?
A focus on day to day issues, such as wages
Wildcat strikes are legal as long a they do not occur during the term of the collective agreement
F
Industrial dispute statistics include both strikes and lockouts
T
All countries record strike statistics in the same way to enable international comparisons
F
On a global scale, Canada has one of the highest levels of strikes
T
Strikes are less likely to occur when the economy is doing well
F
A recent strike was said to occur because the union executive focused on job security issues while union members wanted wage increases rather than job security. This is an example of an intra-organizational cause of a strike.
T
Grievances are less likely to occur in firms with strict management practices.
F
An employee grieving that he should have won a particular job posting is an example of what kind of grievance?
Individual
The union files a grievance regarding recent changes to overtime allocation rules. This is what type of grievance?
Policy
Research suggests that grievous, relative to non-grievous, posses which of the following characteristics?
Well educated
To support its claim that discharge was appropriate, which type of evidence would mgmt show?
Corrective action
Which of the following is a final, binding third-party process used when there has been a violation of a collective agreement?
Rights arbitration
Which of the following terms refers to past decisions in legal contexts such as arbitration?
Jurisprudence
Management demonstrates that an employee was aware of job requirements, was capable of performing these requirements, and chose to do otherwise. What does this prove?
Employee is culpable
In final offer arbitration, the arbitrator must craft his/her own resolution to a grievance
F
Grievance mediation is nonbonding, voluntary process in which a neutral third party examines a grievance
T
Worker efforts to reduce productivity can be considered a type of strike
T
Union workplaces have more flexibility in staffing decisions than their non union counterparts
F
Overall, unionized workers have more access to training that non union workers do
T
Performance pay is common in unionized workplaces
F
Unionized workers are as likely to have gain sharing plans as profit sharing plans
F
Which terms mean ‘the ability of a group tor union to express concerns”?
Collective voice
Which occurs when they increased costs and employee protection caused by unionization lead management to adopt stricter human resource practices?
Shock effects
Exit voice theory states that dissatisfied employees can do what?
voluntarily quit the firm
What explains why the presence o a union influences HRM practices in an organization?
The power of a group is greater than the power of an individual
What is the process by which employees on layoff can be rehired?
Recall
What staffing practices is an effect of unionization?
The use of seniority in selection decisions
Shortly after being hired, many unionized employees can be discharged without the right to grieve their discharge. What makes this possible?
Probation periods
Your friend John owns a coffee shop that recently unionized. He asks you how unionization will affect the business’s profitability, productivity, pay and selection practices. Briefly outline your response to John.
Profitability will likely decrease
Productivity will likely improve
Pay will increase
Selection practices will become more formal and will be based on seniority
Name and briefly describe the three elements of total compensation
Base pay - based on time worked
Performance pay- the portion of pay that is provided solely when specific performance targets are met
Indirect pay/benefits - anything that the employer pays for that is not part of base or performance pay
Why is the relationship between union wage premiums and economics performance countercyclical?
Unions resist employers efforts to reduce wages in downtimes, contracts are longer term and less responsive to economic change and, union nonunion differences are less prevalent in good times
List three questions used in determine just cause in discharge arbitration cases
- Did mgmt have reasonable grounds to impose some level of discipline?
- was the level of discipline imposed by mgmt reasonable given the circumstances?
- If the level of discipline was excessive, what level of discipline (if any) is appropriate?
Imagine that you are a union representative. One of your members has been discharged for excessive absenteeism (12% versus the company average of 5%). In looking at his file, you note that he has been employed at the company ofr 15 years, he has never received any form of disciplin, and he is three years from retirement. You are also aware that other employees who have higher rates of absenteeism than he does have never been disciplined. Name and present three mitigating factors to argue that discharge was excessive in this case.
- Grievors work record - no discipline
- economic hardship- 3 years to pension
- inconsistent application of rules - others with greater absenteeism not disciplined
Name and briefly describe the three common theories of strikes.
- Accident theory - strikes are accidents and not rational, since the parties would try to avoid strikes given high costs
- Total joint costs theory - strikes are less likely when they are costly relative to other ways of settling disputes; the key is the cost to both parties
- Asymmetric theory - strikes are a way to see if the other party is bluffing; the longer the strike, the less likely the other party is bluffing
What are common types of clauses in a collective agreement?
Conditions of work Labour relations processes Education, training and development Rights of parties Organization of work
Why do employers and unions often choose to name the specific groups covered in equity-based collective agreement clauses (explicit reference) rather than just referencing the equity legislation?
Most managers, union leaders and employees look to their collective agreement for guidance on these issues. If the language of the agreement lacks specifics, their need for information will not be met.
Explicitly referencing specific groups ensures that these groups remain protected if the law changes.
Present three reasons why union leaders are often given special protection from layoffs through super seniority clauses
- an unscrupulous manager could declare a layoff to get rid of a challenging but junior union rep.
- Unions reps are needs to represent employees rights until the very end in the event of a massive layoff or business closing
- This provision encourages people to become actively involved in the union
Employers argue that nonstandard work provides many advantages to both workers and employers. Discusss (1) the advantages of nonstandard work as proposed by employers, and (2) the research evidence concerning these jobs versus “standard” jobs.
- Employers argue that non standard work arrangements can offer the advantages of increased flexibility, better work-life balance, improved ability to recruit and retain employees, lower turnover rates, less employee stress and anxiety, less commuting time, and lower child-care costs.
- The evidence to date suggests that employees in nonstandard work arrangements have fewer benefits, lower wages, and less job security relative to workers in “standard” jobs.
Name three key principles of Barbash’s concept of equity.
- Employees need fair compensation and secure employment
- Employees require due process in the handling of complaints
- Employees are entitled to meaningful work
Kochan, Katz, and McKersie’s strategic choice framework states that IR decisions are made at three levels. What are the three levels?
- The business level
- The collective bargaining level
- The day-to-day workplace level
Why is IBB so difficult to achieve?
Mixed-issue bargaining: Any round of collective bargains discusses distributive, integrative and hybrid issues, which makes it very complex.
Bargaining history- the parties may have a long history of adverbial negotiations. In this climate, its common for bargaining positions to Harden.
Theory: Unless there is complete certainty that the other side will also use a cooperative style, the risk of adopting this style may be too great. A party that switches to the distributive style during negotiation will end up with more at the expense of the other party
What are the do’s and don’ts of bargaining?
Do not start with tough or high priority issues first
Tactical- Parties may not be able to generate any momentum and talks could collapse.
Strategic- Neither side will want a strike or lockout over issues of lesser importance. If wages and benefits are resolved, the parties are likely to encounter difficulties in generating support for any noneconomic issues
Define interest-based bargaining, state its assumptions and main elements, and briefly describe the steps involved.
IBB is a cooperative form of bargaining in which the parties focus on their interest, not on positions. It’s also knows as principled, integrative, positive-sum, and collaborative bargaining.
Based on four assumptions- mgmt and labour can both win; they can assists each other to win; open discussion expands the area of mutual interest; and decision making is based on options, not power.
Main Elements: focus on issues not personalities, problem solving approach, free exchange of information, emphasis on interests not positions, create options to satisfy mutual interests.
Steps:
1. identify the problem - frequent sessions
2. search for alternative solutions
3. systematically compare alternatives
Define Article
a larger section of a collective agreement
Define integrative bargaining
a form of bargaining in which there is potential for a solution that produces a mutual gain; also called win-win bargaining, principled negotiations, and interest-based bargaining
Define bumping
A process whereby senior employees pass on their layoff to more junior employees
define chilling efect
The lack of bargaining flexibility caused by the parties fear that a concession made in negotiations will reduce the arbitration outcome
define clause
a specific section of an article
define collective voice
the ability of a group or union to express concerns
define corrective action
a warning process designed to improve employee performance or behavior
define final offer arbitration
Interest arbitration in which the arbitrator must choose one of the parties proposals
define grievance
a formal complain that a specific clause in the collective agreement has been violated
define interest arbitration
An arbitration that determines terms and conditions of the collective agreement while its being negotiated
define jurisprudence
past decisions (usually in a legal context)
define a letter of understanding
letter between the parties, usually placed at the end of an agreement and describing a specific practice they have agreed to follow
define mitigating factors
factors argued by the union for a reduction in a sanction
define monopoly effect
the unions ability to raise wages above non union rates
define distributive bargaiing
a form of negotiations in which two parties compete over the distribution of some fixed (rare) resource
define narcotic or dependency effect
a result of frequent use of arbitration that may cause parties to lose the ability to freely negotiate settlements without third-party assistance
define probationary period
a short period of time after an employee is hired in which he or she is not fully protected by a union
define public good
an item whose consumption does not reduce the amount available for others
define recall
the process by which a laid off employee gets rehired
define residual rights
A principle whereby mgmt retains all rights it held before unionization except those changed by the agreement
define rights arbitration
Also know as grievance arbitration, addresses violations of the collective agreement. When parties cannot resolve a grievance through the internal process. Few go through this process.
define shock effect
occurs when increased costs and protection shock mgmt into stricter mgmt practices
define spillover effect
a belief that increases in union wages result in a decrease in non union wages
define super seniority
the status of union representatives who, while in office, have highest seniority in the bargaining unit
define threat effect
a belief that nonunion employers increase wages to avoid unionization
define wildcat strikes
An illegal strike during the term of the collective agreement.
