Labour & Employee Relations Flashcards
Why do employees unionize?
Collective voice
Economic needs
Dissatisfaction with management
Social and leadership needs
Politics or ideology
Strategic Choice Framework (Unionization Response)
Long-term strategic level - consider long-term strategic business plan - does unionization suit the businesses strategy
Collective bargaining level - policies and benefits - are they in line with what a union would negotiate?
Workplace level - how workflow and relationships are impacted
Responses to Unionization
Union acceptance - accept the fact that they will be unionized
Union resistance - active opposition
Union substitution - eliminating employee desire by providing superior employment conditions
Union removal - union busting leading to decertification
Limitations on what an employer can and can’t say/do once an union application has been filed with the LRB (TIPS)
Threaten - suggest the org will close down if it becomes unionized
Intimidate - seek retaliation against those employees in favour of the union
Promise - offer to pay better wages or benefits if they remain union free or have these things magically improve
Spy - send secret representative in to attend union/employee meetings
Union Certification Process
Contact between employees and a union representative
Organizing meeting
Formation of in-house organizing committee
Application to the labour relations board
Determine the bargaining unit
Recognition or employee vote - once bargaining unit is defined, one of three things may occur:
-Employer may voluntarily recognize the union
-Labour relations board may determine that sufficient number of cards have been signed to certify the union
-Vote will take place for all employees filling jobs that have been identified as being within the bargaining unit
Contract negotiations
Distinctive Features of the Negotiation Process
Union-management negotiations address a broad range of issues
Union-management negotiations are statutorily regulated with respect to union recognition and intention to negotiate
They are conducted by representatives of the parties who have final approval of the terms
Union-management relationships are long term
Union Security Clauses
1) Closed Shop - employers are required to hire and employ only members of a particular union
2) Open Shop - union membership is not required as a condition of employment
3) Union Shop - employer may hire employees who are not union members, but each employee in the bargaining unit must join the union
4) Agency Shop - all employees in a bargaining unit, as a condition of employment, are required to pay union dues or an equivalent amount, whether or not they choose to be union members
-Will enjoy all benefits of the union but won’t be able to vote on union matters
-Rand formula - a form of agency shop, which provides for mandatory “dues check off” of union dues but does not require employees to join a union
(automatic payroll deduction for union dues)
Labour Relations Disruptions
Strike - a legal work stoppage by employees, sanctioned by the union (CA is in place)
Wildcat strike - an illegal work stoppage (no CA is in place)
Work to rule - a form of strike resulting in a reduction in productivity
Essential Service Agreement - this restricts the ability to strike for workers whose absence may significantly impact public interest
Lockout - a legal work stoppage by the employer (same rules apply as striking)
Prior to Submitting a Grievance
1) Completely research the case
2) Don’t miss deadlines
3) Approach it as if it will lead to arbitration
4) Look at past practice for context on similar situations and history
5) Try and resolve it informally
Steps in the Grievance Process
1) If a grievance cannot be resolved informally, it is presented in writing to management
2) If the grievance isn’t resolved after further discussion, shop steward presents it to more senior management
3) If it cannot be settled then, the grievance gets progressed to highest level of management and union reps employed by the union
4) Grievance gets scheduled for arbitration
