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Nipissing U > Industrial Relations > Flashcards

Industrial Relations Flashcards

1
Q

Strike

A

An action by workers in which they cease to perform work duties and do not report to work

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2
Q

Precarious Employment

A

Employment with limited security, lower wages, and less protection

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3
Q

HRM

A

The study of the employment relationship between employers and individual employees

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4
Q

Employee relations

A

The study of the employment relationship between employers and individual employees usually in non-union settings

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5
Q

Industrial Relations

A

The study of employment relationships and issues, often in unionized workplaces

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6
Q

Labour relations

A

The study of employment relationships and issues between groups of employees (usually in unions) and management, known as union-management relations

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7
Q

Union

A

A group of workers recognized by law who collectively bargain terms and conditions of employment with their employer

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8
Q

Collective Agreement

A

A written document outlining the terms and conditions of employment in a unionized workplace

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9
Q

Collective Bargaining

A

The process by which management and labour negotiate the terms and conditions of employment in a unionized workplace

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10
Q

Gig Economy

A

over 20% of Canadians are precariously employed, about 60% being women. Less skilled occupations. Caused by low demand for labour and high unemployment

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11
Q

Dunlop’s Industrial Relations System Model

A

Includes four key features: actors, shared ideology, contexts, and web of rules

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12
Q

Actors

A

Specialized government agencies, hierarchy of managers and their reps, hierarchy of workers and their reps.

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13
Q

Shared Ideology

A

Set of ideas and beliefs held by the actors. Helps to bind or integrate the system

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14
Q

Contexts

A

Environmental factors that influence actors including market/budget constraints, workplace and work community constraints, distribution of power in the larger society

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15
Q

Web of rules

A

Outlines the rights and responsibilities of the actors (procedural, substantive, distributive)

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16
Q

Criticisms of the Dunlop model

A

-Descriptive
-lacks ability to predict outcomes/relationships
-underestimates importance of power and conflict in employment relationship
-is static
-cannot explain rapid decrease in unionization, especially in U.S.

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17
Q

Craig’s Industrial Relations System Model

A

Developed to explain the Canadian context for industrial relations (inputs–> processes –> outputs = feedback loop)

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18
Q

External inputs in Craig’s model

A

legal (common law, statutory law, collective bargaining law), economic (product/service market, labour market, money market, tech), ecological (climate, natural resources, physical environment), political (legislative action, executive action), Sociocultural (values)

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19
Q

Actors in Craig’s model

A

labour, employers & associations, government & associated agencies, end users

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20
Q

Internal inputs in Craig’s model

A

Values, goals, strategies, power

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21
Q

Conversion Mechanisms in Craig’s model

A

Processes actors use to convert internal and external inputs into outputs. Collective bargaining grievances, day-to-day relations, third-party dispute resolution interventions (mediation, arbitration, conciliation etc.), joint committees, strikes/lockouts

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22
Q

Outputs in Craig’s model

A

employer outcomes, labour outcomes, worker perceptions, conflict & conflict resolution

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23
Q

Interdisciplinary field view of industrial relations

A

Economics, law, history, sociology, psychology, political science. Results in different views of IR

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24
Q

Neoclassical view of IR

A

grounded in economics, sees unions as an artificial barrier to the free market

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25
Q

Pluralist and institutional view

A

View of IR stressing the importance of institutions and multiple actors in the employment relationship. Sees labour unions as a countervailing force that attempts to balance the interests of employers and employees (predominant view in Canada).

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26
Q

Human resources/strategic choice view of IR

A

Movement away from unionization. Link human resources strategies and practices to the firm’s business strategy

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27
Q

Political economy view of IR

A

Based in the fields of sociology and political science. Stresses inherent conflict between labour and management.

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28
Q

Business unionism

A

Focuses on improving wages and working conditions of its members

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29
Q

Workplace rights

A

Refuse unsafe work, overtime, minimum wage, freedom from discrimination

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30
Q

Nine-hour movement

A

Canada’s first mass-worker movement in 1872. Mass meetings were held in many cities including Hamilton, Toronto, Montreal, involving workers across many crafts & industries. Laid the foundation for many elements in labour standards today.

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31
Q

New model unionism

A

Trade or craft-based union; all members performed the same specialty. Gave the union control over the supply of labour. Negotiated solutions rather than taking strike action.

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32
Q

Trade union act (1872) and amendments to criminal law amendment act (1872)

A

changes brought by government of John A. Macdonald, no longer conspiracy or a crime to join a union, penalities for striking, foundation for the birth of a formalized Canadian labour movement.

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33
Q

AFL (U.S.)

A

-formed in 1886
-skilled workers
-three core values: exclusive jurisdiction (unions should represent only one craft), business unionism, political nonpartisanship (should not be aligned with one political party)

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34
Q

Knights of labour

A

-formed in 1969
-skilled + unskilled workers
-more radical in nature, sought one big union, believed in cooperatives, owned by union members, opposed strikes
-existed for short period of time

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35
Q

CLU (Canada)

A

Open jurisdiction (unions for skilled and unskilled workers), social unionism (priorities beyond economic welfare and promoted social change ex. end child labour), agitated for legislative change

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36
Q

Industrial disputes investigation act (IDIA) 1907

A

Cornerstone of Canadian labour law, required the use of third-party intervention prior to a strike

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37
Q

Wagner act (1935)

A

aka national labour relations act, independent agency to enforce rights of employees to bargain collectively rather than to mediate disputes

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38
Q

Committee of industrial organization (1935)

A

CIO splits from AFL on craft/industrial

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39
Q

P.C. 1003 (1944)

A

patterned on Wagner act, mechanism for workplace disputes during life of collective agreement, conciliation procedures prior to a strike

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40
Q

Rand Formula

A

everyone in workplace has to pay union dues even if not using union

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41
Q

Three trends in the future of unionization

A

movement toward larger unions, social unionism, global labour movement

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42
Q

Macroeconomic policy

A

A policy that applies to economy-wide goals such as inflation, unemployment, and growth (most important influence on IR)

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43
Q

Deregulation

A

A policy designed to create more competition by allowing prices to be determined by market forces

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44
Q

Free trade agreements

A

Promote free trade of goods and services between countries or economic blocs

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45
Q

Privatization

A

Transfer or contracting-out of services to the private sector

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46
Q

The labour market

A

non-economic sources of power, supply and demand framework, elasticity of supply and demand, labour power

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47
Q

Supply and demand framework

A

Labour market forces determine employee compensation and conditions

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48
Q

Shape of the demand curve

A

Influences union’s ability to raise wages without significantly affecting employment levels

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49
Q

Four conditions that impact wage elasticity

A

Product market, substitution effect, labour intensity, market for substitutes

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50
Q

Labour power and Marshall’s conditions: Product market

A

Unions will have more power when there is less competition in the firm’s product market

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51
Q

Labour power and Marshall’s conditions: substitution effect

A

the easier it is to substitute capital for labour, the less power labour will have to raise wages

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52
Q

Labour power and Marshall’s conditions: labour intensity

A

degree to which labour costs account for production costs

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53
Q

Labour power and Marshall’s conditions: market for substitutes

A

the more competitive the market for substitute factors of production, the greater the bargaining power of management

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54
Q

Labour power and Marshall’s conditions: demand is more elastic when

A

product markets are less competitive, it is harder to substitute labour for capital, labour costs are a small proportion of total costs, the market for subs is less competitive

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55
Q

Noneconomic sources of union power

A

unions have successfully forged alliances with community groups to assist in organizing new members, strengthen positions in bargaining, support political lobbying campaigns, oppose plant closures, support strikes

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56
Q

Supply of labour

A

population growth + immigration

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57
Q

Monopsony

A

Happens when a firm is dominant in the labour market such that it has some control over the wages offered

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58
Q

Institutional barriers to supply

A

Lack of government resources resulting in a lack of supply of graduates in a certain profession

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59
Q

Unions and labour supply

A

institutional factor that has an impact on the supply of labour

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60
Q

Factors that may have contributed to the decline of unions

A

globalization and pressures to be competitive, more individual protection under employment laws, changes in the nature of work, improved HR practices

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61
Q

Labour and employment relations challenges

A

demographic, economic, social, work-life balance

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62
Q

Work-life conflict

A

economic factors (service economy, deregulation, labour shortages, contingent workers, outsourcing), Social (daycare needs, increased workloads, job insecurity, flexibility, absenteeism, benefit costs, multitasking), demographic (dual-earner & single parent families, aging workforce)

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63
Q

Certification

A

Recognition of a union to be the legal bargaining agent of a group of employees by the labour board

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64
Q

Two key elements of the certification process

A

definition of the bargaining unit, unfair labour practices

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65
Q

Duty of fair representation

A

A legal obligation on the union’s part to represent all its members equally

66
Q

Good faith bargaining

A

Obligation on union and management to make a serious attempt to reach a settlement

67
Q

Dispute resolution

A

Legislation generally provides for government intervention in collective bargaining (Canadian laws provide for greater government intervention contrary to the Wagner act)

68
Q

Industrial inquiry commission

A

Investigates the causes and consequence of industrial actions and strikes

69
Q

Last-offer vote

A

Employers have complained that unions call strikes without putting the last offer in front of their members

70
Q

First contract arbitration

A

If the parties are unable to negotiate the first collective agreement, they can request a third-party intervention called arbitration

71
Q

Are strikes illegal during the term of a collective agreement?

A

Yes

72
Q

Role of the charter

A

Labour is a provincial responsibility, all laws (federal and provincial) must be consistent with the charter

73
Q

Employment conditions

A

established in the legislation by minimums ex. overtime, hours of work, breaks etc.

74
Q

Employment rights

A

rights determined through the collective bargaining process that build on the minimum employment conditions

75
Q

Convention 87

A

freedom of association and protection of right to organize (1948), ratified by Canada in 1972

76
Q

Convention 98

A

right to organize and collective bargaining (1949) not ratified by Canada

77
Q

Declaration on fundamental principles and rights at work (1998)

A

one of the three key conventions, Canada voted in favour

78
Q

Three perspectives on why unions exist

A

economic (efficiency, equity, wealth, redistribution), political (balance of power, voice for employees), human rights

79
Q

Craft or occupational unionism

A

unions that typically allow into membership only trades or occupations that are in the same family of skills

80
Q

Business unionism

A

economic gains through collective bargaining

81
Q

Industrial or multi-skill unionism

A

Represents a broad range of skills and occupations, includes social reform activities beyond collective bargaining

82
Q

Public sector or social justice unionism

A

unions of public sector employees at all three levels of government, typically advocates a philosophy of social justice

83
Q

Union affiliations

A

International (AFL-CIO)
national (CLC)
provincial (NLFL)- labour legislation

84
Q

Why employees join unions

A

collective voice, utility, ideology

85
Q

Union density

A

The percentage of the non-agricultural workforce who are members of unions = (union members/labour force) x 100

86
Q

Union coverage

A

A broader measure than union density, includes non-members covered by the collective agreement

87
Q

Closed shop

A

A form of union security in which membership in the union is a condition of employment

88
Q

Union shop

A

A form of union security in which new employees must join the union but only after a probationary period

89
Q

Scientific Management

A

-specialization of tasks
-workers perform simple tasks
-management responsible for decision making

90
Q

Human relations

A

seeks to minimize conflict between management and employees

91
Q

HRM

A

Equity and fairness are important. Distributive, procedural, and interactional justice

92
Q

Trends noted by Kochan, Katz and Mckersie

A

-rapid decline in unionization
-large number of employers opening new locations in largely non-union areas
-large number of plants and business closures in the more heavily unionized states
-decreased capital expenditure in non-unionized plants
-shift of products from union to non-union plants
-movement toward union free workplaces

93
Q

Union Acceptance

A

management sees unionization as a democratic right

94
Q

Union resistance

A

management seeks to limit the spread of unions in the firm

95
Q

Union removal

A

management seeks to remove the union from the workplace and discourage unionization

96
Q

Union substitution

A

management provides nonunion employees all the advantages of unionization

97
Q

Common strategies in Canada

A

over 70% have union acceptance
9% union resistance
0% union removal
20% combination

98
Q

High-performance workplaces

A

Comprehensive human resources practices designed to improve organizational performance

99
Q

Ability-enhancing practice

A

ensuring employees have the needed skills, knowledge, and abilities to enhance organizational performance

100
Q

Motivation-enhancing practice

A

fair treatment in the workplace

101
Q

Opportunity-enhancing practice

A

Giving employees a voice and involvement in the business

102
Q

Non-union employee representation

A

When a group of non-union employees meets with management regarding employment terms and conditions

103
Q

Four common approaches to NER

A

evolutionary, unit of interest, union avoidance, complementary voice

104
Q

Professional Organizations

A

Union certification procedures often exclude professionals (lawyers, physicians, engineers) as they are members of professional associations that set standards for benefits, licensing, fees etc.

105
Q

Nonstandard work agreements

A

Work arrangements that differ from the norm in terms of employment term, location, schedule, hours, pay etc.

106
Q

Distributive Bargaining

A

Adversarial style, two parties compete over the distribution of fixed resources

107
Q

Integrative bargaining

A

cooperative approach, potential exists for a solution that provides mutual gains

108
Q

Intra-team bargaining

A

bargaining within the union or management team

109
Q

Attitudinal structuring

A

The process of building mutual respect and trust between the negotiating teams

110
Q

Golden rule

A

Ask for more than your bottom line

111
Q

Distributive bargaining tactics

A

-Zero-sum game
-discussions start with inflated positions leaving room to reduce the ask or make trade-offs
-golden rule
-control over communication

112
Q

Integrative bargaining tactics

A

-positive-sum game
-cooperation and info sharing
-joint-committee structure
-many voices

113
Q

Contract zone

A

exists if each side’s bottom line overlaps

114
Q

Triangle of pressures

A

union + employer = collective bargaining
union + union members = intra-union
union members + employer = HR

115
Q

Bargaining steps

A

prep for bargaining, serve notice to bargain, parties meet, communication of priorities, momentum builds for settlement, contract zone is reached, settlement or impasse, ratification

116
Q

Interest-based bargaining

A

A cooperative form of bargaining, parties focus more on interests of parties. Win-win or mutual gains negotiations

117
Q

IBB steps

A

identify problem, search for alternatives, compare alternatives

118
Q

Key to IBB success

A

open discussion, problem-solving approach, needs and objectives, trust

119
Q

When does IBB work

A

In a crisis, in an exceptionally bad relationship, where monetary conflicts of interest do not exist

120
Q

Why is IBB difficult to achieve

A

Mixed-issue bargaining, bargaining history, theory

121
Q

Collective agreement

A

An agreement between the union representing all workers in the bargaining unit and the employer

122
Q

Purpose of collective agreement

A

To establish clear rules and procedures governing both workplace practices and the relationship between the parties

123
Q

Format of collective agreement

A

cover page, table of contents, articles, appendices/schedules, letters of understanding

124
Q

Letter of understanding

A

letter between the parties usually placed at the end of an agreement and describing a specific practice they have agreed to follow

125
Q

Types of clauses

A

rights of the parties, organization of work, labour relations processes, education, training and development, working conditions

126
Q

Residual rights

A

a principle whereby management retains all rights it held before unionization except those changed by the collective agreement

127
Q

Legislative reference

A

equity clauses in collective agreements that reference legislation

128
Q

Explicit reference

A

equity clauses in collective agreements that specify which groups are covered

129
Q

Red-circling

A

Protecting employees’ pay at a level higher than the normal rate of their current job

130
Q

Bumping

A

A process by which senior employees pass on their layoff to less senior employees

131
Q

Super-seniority

A

Union leaders are often given special protection from layoffs through super-seniority clauses

132
Q

Industrial dispute

A

A dispute arising in connecting with the entering into, renewing, or revising of a collective agreement

133
Q

Lockout

A

The closing of a place of employment, a suspension of work by an employer or a refusal by an employer to continue to employ a number of their employees. Done to compel to agree to terms and conditions

134
Q

Work to rule

A

The strategy of employees to perform only the minimum standard required

135
Q

Wildcat strike

A

An illegal strike during the term of collective agreement

136
Q

Essential services agreement

A

When some workers must remain on the job during a strike to provide key services

137
Q

Accident (hicks) theory

A

Strikes are the result of errors made at the bargaining table

138
Q

Total joint cost theory

A

Strikes are more likely to happen when the cost of the strike is low for both parties

139
Q

Asymmetric Information theory

A

Parties may strike or lockout as a way to see whether other side is bluffing

140
Q

Open-door policy

A

Employees encouraged to bring areas of concern to management’s attention

141
Q

Formal Grievance or appeal

A

Policy outlines how the grievance is initiated and to whom

142
Q

Independent review

A

An independent review from outside of the immediate management team

143
Q

Shock effect

A

Occurs when increased costs and protection shock management into more formal management practices

144
Q

Collective voice

A

The ability of a group of workers or a union to express concerns as an alternative to an individual worker resigning out of frustration

145
Q

Monopoly effect

A

Occurs when unions raise wages above the rate of non-union employees

146
Q

Public good

A

An item whose consumption does not reduce the amount available for others

147
Q

Union growth factors

A

Social upheaval, growth in public services, dissatisfaction, union mergers, absence of employer opposition, removal of legal barriers

148
Q

Unfettered Strike

A

results in the most freely negotiated settlements, no procedure to determine essential services, invites back to work legislation

149
Q

Designation

A

Essential services are negotiated before bargaining, neutral tribunals will adjudicate disputes that arise from the identification of essential services

150
Q

No-strike (interest arbitration)

A

The right to strike is substituted with interest arbitration, chilling effect

151
Q

Chilling effect

A

The lack of bargaining flexibility caused by the parties’ fear that a concession made in negotiations will reduce the arbitration outcome

152
Q

Narcotic or dependency effect

A

Frequent use of arbitration may cause the parties to lose the ability to freely negotiate settlements without third party

153
Q

Wage outcomes

A

Interest arbitration wage outcomes are higher than where unions have the right to strike

154
Q

Loss of control

A

Both parties lose control over the outcomes when interest arbitration is used

155
Q

1960s

A

Growth phase of employment and unions

156
Q

1970s

A

Retrenchments and citizen resistance

157
Q

1980s

A

Emphasis on performance and productivity of public services

158
Q

1990-present

A

Attack on collective bargaining and restructuring fronts

159
Q

Restructuring

A

Greater emphasis on job performance and efficiency

160
Q

New Public Management (NPM)

A

A new approach to public admin in which public organizations are to become more decentralized, market-driven, and concerned with financial control. Managers are more empowered and performance-oriented

161
Q

Union responses

A

Acquiescence, traditional collective bargaining, proactive

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