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
2
Q
Precarious Employment
A
Employment with limited security, lower wages, and less protection
3
Q
HRM
A
The study of the employment relationship between employers and individual employees
4
Q
Employee relations
A
The study of the employment relationship between employers and individual employees usually in non-union settings
5
Q
Industrial Relations
A
The study of employment relationships and issues, often in unionized workplaces
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
7
Q
Union
A
A group of workers recognized by law who collectively bargain terms and conditions of employment with their employer
8
Q
Collective Agreement
A
A written document outlining the terms and conditions of employment in a unionized workplace
9
Q
Collective Bargaining
A
The process by which management and labour negotiate the terms and conditions of employment in a unionized workplace
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
11
Q
Dunlop’s Industrial Relations System Model
A
Includes four key features: actors, shared ideology, contexts, and web of rules
12
Q
Actors
A
Specialized government agencies, hierarchy of managers and their reps, hierarchy of workers and their reps.
13
Q
Shared Ideology
A
Set of ideas and beliefs held by the actors. Helps to bind or integrate the system
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
15
Q
Web of rules
A
Outlines the rights and responsibilities of the actors (procedural, substantive, distributive)
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.
17
Q
Craig’s Industrial Relations System Model
A
Developed to explain the Canadian context for industrial relations (inputs–> processes –> outputs = feedback loop)
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)
19
Q
Actors in Craig’s model
A
labour, employers & associations, government & associated agencies, end users
20
Q
Internal inputs in Craig’s model
A
Values, goals, strategies, power
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
22
Q
Outputs in Craig’s model
A
employer outcomes, labour outcomes, worker perceptions, conflict & conflict resolution
23
Q
Interdisciplinary field view of industrial relations
A
Economics, law, history, sociology, psychology, political science. Results in different views of IR
24
Q
Neoclassical view of IR
A
grounded in economics, sees unions as an artificial barrier to the free market
25
Pluralist and institutional view
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).
26
Human resources/strategic choice view of IR
Movement away from unionization. Link human resources strategies and practices to the firm's business strategy
27
Political economy view of IR
Based in the fields of sociology and political science. Stresses inherent conflict between labour and management.
28
Business unionism
Focuses on improving wages and working conditions of its members
29
Workplace rights
Refuse unsafe work, overtime, minimum wage, freedom from discrimination
30
Nine-hour movement
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.
31
New model unionism
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.
32
Trade union act (1872) and amendments to criminal law amendment act (1872)
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.
33
AFL (U.S.)
-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)
34
Knights of labour
-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
35
CLU (Canada)
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
36
Industrial disputes investigation act (IDIA) 1907
Cornerstone of Canadian labour law, required the use of third-party intervention prior to a strike
37
Wagner act (1935)
aka national labour relations act, independent agency to enforce rights of employees to bargain collectively rather than to mediate disputes
38
Committee of industrial organization (1935)
CIO splits from AFL on craft/industrial
39
P.C. 1003 (1944)
patterned on Wagner act, mechanism for workplace disputes during life of collective agreement, conciliation procedures prior to a strike
40
Rand Formula
everyone in workplace has to pay union dues even if not using union
41
Three trends in the future of unionization
movement toward larger unions, social unionism, global labour movement
42
Macroeconomic policy
A policy that applies to economy-wide goals such as inflation, unemployment, and growth (most important influence on IR)
43
Deregulation
A policy designed to create more competition by allowing prices to be determined by market forces
44
Free trade agreements
Promote free trade of goods and services between countries or economic blocs
45
Privatization
Transfer or contracting-out of services to the private sector
46
The labour market
non-economic sources of power, supply and demand framework, elasticity of supply and demand, labour power
47
Supply and demand framework
Labour market forces determine employee compensation and conditions
48
Shape of the demand curve
Influences union's ability to raise wages without significantly affecting employment levels
49
Four conditions that impact wage elasticity
Product market, substitution effect, labour intensity, market for substitutes
50
Labour power and Marshall's conditions: Product market
Unions will have more power when there is less competition in the firm's product market
51
Labour power and Marshall's conditions: substitution effect
the easier it is to substitute capital for labour, the less power labour will have to raise wages
52
Labour power and Marshall's conditions: labour intensity
degree to which labour costs account for production costs
53
Labour power and Marshall's conditions: market for substitutes
the more competitive the market for substitute factors of production, the greater the bargaining power of management
54
Labour power and Marshall's conditions: demand is more elastic when
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
55
Noneconomic sources of union power
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
56
Supply of labour
population growth + immigration
57
Monopsony
Happens when a firm is dominant in the labour market such that it has some control over the wages offered
58
Institutional barriers to supply
Lack of government resources resulting in a lack of supply of graduates in a certain profession
59
Unions and labour supply
institutional factor that has an impact on the supply of labour
60
Factors that may have contributed to the decline of unions
globalization and pressures to be competitive, more individual protection under employment laws, changes in the nature of work, improved HR practices
61
Labour and employment relations challenges
demographic, economic, social, work-life balance
62
Work-life conflict
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)
63
Certification
Recognition of a union to be the legal bargaining agent of a group of employees by the labour board
64
Two key elements of the certification process
definition of the bargaining unit, unfair labour practices
65
Duty of fair representation
A legal obligation on the union's part to represent all its members equally
66
Good faith bargaining
Obligation on union and management to make a serious attempt to reach a settlement
67
Dispute resolution
Legislation generally provides for government intervention in collective bargaining (Canadian laws provide for greater government intervention contrary to the Wagner act)
68
Industrial inquiry commission
Investigates the causes and consequence of industrial actions and strikes
69
Last-offer vote
Employers have complained that unions call strikes without putting the last offer in front of their members
70
First contract arbitration
If the parties are unable to negotiate the first collective agreement, they can request a third-party intervention called arbitration
71
Are strikes illegal during the term of a collective agreement?
Yes
72
Role of the charter
Labour is a provincial responsibility, all laws (federal and provincial) must be consistent with the charter
73
Employment conditions
established in the legislation by minimums ex. overtime, hours of work, breaks etc.
74
Employment rights
rights determined through the collective bargaining process that build on the minimum employment conditions
75
Convention 87
freedom of association and protection of right to organize (1948), ratified by Canada in 1972
76
Convention 98
right to organize and collective bargaining (1949) not ratified by Canada
77
Declaration on fundamental principles and rights at work (1998)
one of the three key conventions, Canada voted in favour
78
Three perspectives on why unions exist
economic (efficiency, equity, wealth, redistribution), political (balance of power, voice for employees), human rights
79
Craft or occupational unionism
unions that typically allow into membership only trades or occupations that are in the same family of skills
80
Business unionism
economic gains through collective bargaining
81
Industrial or multi-skill unionism
Represents a broad range of skills and occupations, includes social reform activities beyond collective bargaining
82
Public sector or social justice unionism
unions of public sector employees at all three levels of government, typically advocates a philosophy of social justice
83
Union affiliations
International (AFL-CIO)
national (CLC)
provincial (NLFL)- labour legislation
84
Why employees join unions
collective voice, utility, ideology
85
Union density
The percentage of the non-agricultural workforce who are members of unions = (union members/labour force) x 100
86
Union coverage
A broader measure than union density, includes non-members covered by the collective agreement
87
Closed shop
A form of union security in which membership in the union is a condition of employment
88
Union shop
A form of union security in which new employees must join the union but only after a probationary period
89
Scientific Management
-specialization of tasks
-workers perform simple tasks
-management responsible for decision making
90
Human relations
seeks to minimize conflict between management and employees
91
HRM
Equity and fairness are important. Distributive, procedural, and interactional justice
92
Trends noted by Kochan, Katz and Mckersie
-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
Union Acceptance
management sees unionization as a democratic right
94
Union resistance
management seeks to limit the spread of unions in the firm
95
Union removal
management seeks to remove the union from the workplace and discourage unionization
96
Union substitution
management provides nonunion employees all the advantages of unionization
97
Common strategies in Canada
over 70% have union acceptance
9% union resistance
0% union removal
20% combination
98
High-performance workplaces
Comprehensive human resources practices designed to improve organizational performance
99
Ability-enhancing practice
ensuring employees have the needed skills, knowledge, and abilities to enhance organizational performance
100
Motivation-enhancing practice
fair treatment in the workplace
101
Opportunity-enhancing practice
Giving employees a voice and involvement in the business
102
Non-union employee representation
When a group of non-union employees meets with management regarding employment terms and conditions
103
Four common approaches to NER
evolutionary, unit of interest, union avoidance, complementary voice
104
Professional Organizations
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
Nonstandard work agreements
Work arrangements that differ from the norm in terms of employment term, location, schedule, hours, pay etc.
106
Distributive Bargaining
Adversarial style, two parties compete over the distribution of fixed resources
107
Integrative bargaining
cooperative approach, potential exists for a solution that provides mutual gains
108
Intra-team bargaining
bargaining within the union or management team
109
Attitudinal structuring
The process of building mutual respect and trust between the negotiating teams
110
Golden rule
Ask for more than your bottom line
111
Distributive bargaining tactics
-Zero-sum game
-discussions start with inflated positions leaving room to reduce the ask or make trade-offs
-golden rule
-control over communication
112
Integrative bargaining tactics
-positive-sum game
-cooperation and info sharing
-joint-committee structure
-many voices
113
Contract zone
exists if each side's bottom line overlaps
114
Triangle of pressures
union + employer = collective bargaining
union + union members = intra-union
union members + employer = HR
115
Bargaining steps
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
Interest-based bargaining
A cooperative form of bargaining, parties focus more on interests of parties. Win-win or mutual gains negotiations
117
IBB steps
identify problem, search for alternatives, compare alternatives
118
Key to IBB success
open discussion, problem-solving approach, needs and objectives, trust
119
When does IBB work
In a crisis, in an exceptionally bad relationship, where monetary conflicts of interest do not exist
120
Why is IBB difficult to achieve
Mixed-issue bargaining, bargaining history, theory
121
Collective agreement
An agreement between the union representing all workers in the bargaining unit and the employer
122
Purpose of collective agreement
To establish clear rules and procedures governing both workplace practices and the relationship between the parties
123
Format of collective agreement
cover page, table of contents, articles, appendices/schedules, letters of understanding
124
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
125
Types of clauses
rights of the parties, organization of work, labour relations processes, education, training and development, working conditions
126
Residual rights
a principle whereby management retains all rights it held before unionization except those changed by the collective agreement
127
Legislative reference
equity clauses in collective agreements that reference legislation
128
Explicit reference
equity clauses in collective agreements that specify which groups are covered
129
Red-circling
Protecting employees' pay at a level higher than the normal rate of their current job
130
Bumping
A process by which senior employees pass on their layoff to less senior employees
131
Super-seniority
Union leaders are often given special protection from layoffs through super-seniority clauses
132
Industrial dispute
A dispute arising in connecting with the entering into, renewing, or revising of a collective agreement
133
Lockout
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
Work to rule
The strategy of employees to perform only the minimum standard required
135
Wildcat strike
An illegal strike during the term of collective agreement
136
Essential services agreement
When some workers must remain on the job during a strike to provide key services
137
Accident (hicks) theory
Strikes are the result of errors made at the bargaining table
138
Total joint cost theory
Strikes are more likely to happen when the cost of the strike is low for both parties
139
Asymmetric Information theory
Parties may strike or lockout as a way to see whether other side is bluffing
140
Open-door policy
Employees encouraged to bring areas of concern to management's attention
141
Formal Grievance or appeal
Policy outlines how the grievance is initiated and to whom
142
Independent review
An independent review from outside of the immediate management team
143
Shock effect
Occurs when increased costs and protection shock management into more formal management practices
144
Collective voice
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
Monopoly effect
Occurs when unions raise wages above the rate of non-union employees
146
Public good
An item whose consumption does not reduce the amount available for others
147
Union growth factors
Social upheaval, growth in public services, dissatisfaction, union mergers, absence of employer opposition, removal of legal barriers
148
Unfettered Strike
results in the most freely negotiated settlements, no procedure to determine essential services, invites back to work legislation
149
Designation
Essential services are negotiated before bargaining, neutral tribunals will adjudicate disputes that arise from the identification of essential services
150
No-strike (interest arbitration)
The right to strike is substituted with interest arbitration, chilling effect
151
Chilling effect
The lack of bargaining flexibility caused by the parties' fear that a concession made in negotiations will reduce the arbitration outcome
152
Narcotic or dependency effect
Frequent use of arbitration may cause the parties to lose the ability to freely negotiate settlements without third party
153
Wage outcomes
Interest arbitration wage outcomes are higher than where unions have the right to strike
154
Loss of control
Both parties lose control over the outcomes when interest arbitration is used
155
1960s
Growth phase of employment and unions
156
1970s
Retrenchments and citizen resistance
157
1980s
Emphasis on performance and productivity of public services
158
1990-present
Attack on collective bargaining and restructuring fronts
159
Restructuring
Greater emphasis on job performance and efficiency
160
New Public Management (NPM)
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
Union responses
Acquiescence, traditional collective bargaining, proactive
