Labour Relations Flashcards
Who are the three main parties involved in labour movements?
- Management
- Government
- Union
Who are the 3 parts of the union?
- Parent union
- Labour union
- Labour congress
Define what a parent union is
It is the main organization; like a “head office”
Give an example of a parent union
CUPE (Canadian Union of Public Employees)
What are the roles of the parent union?
They are in charge; they set policies, guidelines, and rules for how the organization will operate. They might step in and provide legal assistance if a local union needs help. They oversee and management money. They do some degree of research in order to stay informed and know what’s happening. They are also “on call” to the labour unions in case they need help in bargaining. They are the final authority; they let the labour unions be independent and bargain for their workers, but they can step in and set rules if they feel that the labour unions aren’t doing the best they can or if they aren’t following the rules
Define what a labour union is
Labour unions are the different branches/extensions of the parent unions
Give an example of a labour union
CUPE 1989; Mississauga library workers union, etc.
What are the roles of the labour union?
They are primarily in charge of bargaining for their employees, but they can refer to the parent union if they need help
What is “collective bargaining?”
When a labour union refers to a parent union for help
Define what a labour congress is
The bigger collections/associations to which parent unions belong. Lots of parent unions belong to one labour congress for support and resources
Give an example of a labour congress
American Federation of Labour, Congress of Industrial Organizations, Ontario Federation of Labour
What are the roles of a labour congress?
Doing research, primarily so they can lobby governments. Also, if there are two parent unions have a dispute (for example, trying to unionize the same group of people), the labour congress can mediate
Where is the union’s power in the power struggle between unions and management?
If a union is trying to increase their leverage in negotiating, they will take away the human resources needed for managers to operate. Their power is in their ability to be the voice of the employees and their ability to take the workers off the job
Explain how unions don’t always need to go on strike
Sometimes all they need to do is threaten to go on strike, forcing management to think through what they can do to work with the union instead of losing their workers
Explain how the timing of a strike can be crucial
Unions time their strikes so that they will cause the most disruption in operations, therefore forcing management to take action and work with the union in order to keep business operations going as usual
Give some examples of how the timing of a strike can be crucial
Teachers will strike in late February or early March, because at that point it is very difficult to change school structures and/or hire new teachers.
Postal workers will often strike right before Christmas.
LCBO threatened to strike on June 30, right before the Canada Day long weekend, and Ontario panicked
What is one caution that unions need to be aware of when threatening to strike?
If unions strike and don’t follow through with it, management can call their bluff
What do unions do to encourage their workers to strike?
They build up a strike fund so they can pay their employees even when they are on strike (even if they are being paid less than normal). If they at least somewhat pay their employees when they are on strike, they are more likely to go on strike for a longer time. The bigger the strike fund, the more likely it is that management will take you seriously
Where is management’s power in the power struggle between unions and management?
Their power is in their ability to withstand a strike, because they still have ways of making money and meeting people’s needs through a variety of strategies
What are the 5 strategies management can use to withstand a strike?
- Stockpiling
- Subcontracting
- Skeleton staff
- Strikebreakers
- Strike insurance
Describe stockpiling
If you feel like your labour relations aren’t going so well and you expect that you will need to be in this position, you can start to build up the inventory that you can keep selling, even if your factory workers go on strike
Describe subcontracting
You can subcontract out the work so that you can keep producing and selling goods, and continue meeting your customer needs (even if it is at smaller margins)
Describe skeleton staff
Depends on the size of the organization, but it can work. You can use your remaining employees to cover the empty spaces in your workforce
What are the two types of strikebreakers?
- Scabs
2. Replacement workers
Describe scabs
When employees are on strike, they picket, and then some people (who may be your employees) break that strike. Unions call these people “scabs.” Scabs are people who were working there, went on strike, and then decided to continue working even through the strike
Describe replacement workers
You can hire replacement workers temporarily. Replacement workers are people who weren’t working there but work there during the strike
Describe strike insurance
A policy that helps to cover the financial losses to a business if their employees to go strike
What is an industry-wide lockout?
When management tries to get all of the companies in their industry not to hire the workers who are currently on strike, in an effort to cut their strike shorter as the strike funds run out
What is employer association bargaining?
When you have a smaller company having to negotiate with a massive union. The smaller companies come together with a larger company to help even out the negotiating power and for additional support
What are the two types unions?
Craft/trade unions, and industrial unions
What are craft/trade unions?
Unions of highly skilled jobs with very specific skills, where it takes a lot of time, training, and/or apprenticeship to be certified in that job. Everyone in the union has the same skill set, and it’s very hard to replace those workers
Where does the power come from in the craft/trade union?
Their power comes from getting everyone who has those skills in the union (eg. by collecting all of the electricians), until the high majority of those workers are part of the union. Sometimes they can also control the supply of these jobs; for electricians, they approve the number of certifications that are given every year
What are some examples of craft/trade unions?
Electricians, plumbers, bricklayers, etc.
What are the tactics of the craft/trade union in a strike?
Their workers share the same skills but work in a variety of different places; they work across companies and across sectors. If there is a strike, they can withdraw their work from that company and get work at other places
Explain how craft/trade union strikes can bring a lot of other work to a halt
Eg. Electricians have to be done their work before the construction guys can build the walls, and the painters can paint them
Explain the role of the picket line in a craft/trade union strike
The picket line is just there to let people know that they are on strike; it does not have a lot of significance
What are the tactics of management in a craft/trade union strike?
Management can try to do an industry-wide lockout. Their goal is to make it very difficult for the employees to find work in other places. You have to convince all the other similar industries not to hire those employees. It is very difficult to do and rare that it succeeds, because other companies don’t want to avoid hiring people that could benefit their company
What are the characteristics of a craft/trade strike?
Because the options are so much in favour of the union and theoretical in terms of management, these strikes tend to be settled very quickly with very little violence
What are industrial unions?
Unions where the workers are defined by where they work, not what they do. Their skill set is relatively low, and managers can train people fairly quickly to do the work that you’ve been doing. Workers are easier to replace in terms of their skills
Where does the power come from in an industrial union?
If people are easy to replace because they don’t have high specific skills, the power doesn’t come from your skill set; it comes from the sheer number of people who go on strike and stay on strike. There has to be a lot of solidarity: you have to be able to interrupt management’s ability to earn money
What are the tactics of the industrial union in a strike?
They need to get everyone out on strike and keep those people on strike. They want to make it very difficult for people to break the strike
Explain the role of the picket line in an industrial union strike
They use the picket line as a barrier in order to make it intimidating and difficult to break the strike. The union would seek out the biggest, scariest, most obnoxious workers from the shop and put those workers at the front of the picket line
What are the tactics of management in an industrial union strike?
In many industrial unions, companies are producing goods. Many of the strategies that management has at their disposal to withstand a strike will work for managers to at least keep products going out the door and making some money (i.e. stockpiling, subcontracting, skeleton staff, strikebreakers, strike insurance). Management should be able to withstand the strike to a degree
What are the characteristics of an industrial strike?
Management has the balance of power and the union doesn’t as much, because their power lies only in numbers. These strikes are often the ones people hear about on the news. They can last for a long time and can get violent: if the strike persists for a long time, people get anxious about their financial situation and they take that violence out in the strike
Give an example of a union that did not have an effective strike
CUPE 926 vs. WLU: in the summer of 2016, CUPE 926 representing custodial and grounds employees went on strike after their agreement expired. The contract issues were around post-retirement benefits and external contractors to be used instead of unionized employees. But only 16/110 employees picketed on the picket line; the rest crossed the line. An agreement was reached 6 days into the strike; WLU was able to contract out positions as they became available through attrition (as people left their jobs through retirement/switching locations). The union’s power was strength in numbers, but as there were only 16 on strike they lost their power, and management had the upper hand
What are the two aspects of a unions certification?
- Voluntary recognition
2. Certification process - OLRB
What does OLRB stand for?
Ontario Labour Relations Board
What are the three steps required to get a union certification?
- Membership drive
- Evidence reviewed by OLRB
- Representation Vote
Describe the membership drive
The union has to prove that a union is something the employees really want. They have to get a show of interest (called the membership drive), by getting interested employees to sign union cards. The union will file an application when they have at least 40% of the proposed bargaining unit signed up
What is a bargaining unit?
The group of employees that the union will be certified to represent
How does the union calculate when they have at least 40% of the proposed bargaining unit?
signed union cards / # in bargaining unit
Describe how the evidence is reviewed by the OLRB
Each bargaining unit should have specific needs so that the contract that is negotiated is correct and works for their specific needs. OLRB regulates this contract and its negotiations * (not sure??)
Describe the representation vote
It has to happen within 5 days of application to be a union. Management needs to be very careful of undue influence - they don’t want the union to come in - but they can only give the facts to their employees (how they pay compares to other workplaces, what benefits they offer, etc.). They cannot unduly influence their employees. In order to be certified, unions must have 50% + 1 of those who vote
What can management not do to their employees? (hint: TIC)
T - Threaten
I - Intimidate
C - Coerce
What happens if management is caught using undue influence?
The union is certified automatically, no matter what the vote outcome is
What are the three main issues in contract negotiations with unions?
- Form of recognition/union security
- Duration and renewal
- Seniority - “superseniority”
Describe form of recognition/union security
What form of recognition the union is set up as; this affects the union’s financial and membership security. Financial security is paramount because it affects the strike fund
What part of the contract do unions argue for first?
Their financial security
What are the four forms of recognition/union security?
- Voluntary check-off dues
- Rand formula/agency shop
- Union shop
- Closed shop
Describe voluntary check-off dues
These dues are paid by all the people in your bargaining unit who have decided to be union members (only the people who have signed). The active union members are the ones whose union dues will be automatically collected from their salaries and sent to the union by management
Does voluntary check-off dues affect financial security or membership security?
Financial security
Describe Rand Formula/Agency Shop
Everyone who is in the bargaining unit (whether they signed up or not; active or passive) pays union dues that are automatically remitted to the union
Does Rand formula / agency shop affect financial security or membership security?
Financial security
Would unions want to collect union dues through the voluntary check-off method, or the rand formula / agency shop method?
Rand formula / agency shop method, because then they collect dues from all workers, not just union members. They increase their financial security
Describe union shop
Means that you don’t have to be a member to get the job, but in 90 or 120 days (depends on the company), if you want to keep your job you need to join the union
Why would management want the union shop method?
So they can hire temporary workers (for example, summer workers), but they can still hire their full time employees as part of the union
Does union shop affect financial security or membership security?
Membership security
Describe closed shop
If someone wants the job, they have to join the union. This is illegal in the states
Does union shop affect financial security or membership security?
Membership security
Describe the duration and renewal of union contracts
While the contract is in place, you can renegotiate anything except for the term
What is the minimum duration of a union contract?
1 year
Compare promotions in management and in unions
Management likes to reward performance, but unions reward commitment. In unions, the most senior members get promotions, and the most senior members are the last people to get laid off
Describe the concept of “superseniority” in unions
The union stewards get superseniority status - the union stewards represent their segment of the union, and they need to stick around to help the people who are left (even if they have been with the union for less time). Therefore, they are given “superseniority” status so they are not laid off, even after more elder members
What is a ratification vote?
My union team has agreed on a deal with management and we bring it back to the membership, and they will vote for whether or not they want the deal. In order to take the deal, we need 50% + 1
What are the three options if the union and management cannot agree on a deal?
- Conciliation
- Mediation
- Arbitration
Describe the conciliation process
Conciliation must be tried before a strike is legally allowed; it’s a barrier to striking because both parties don’t want the employees to be constantly on strike. Somebody from management, somebody from the union, and somebody from the conciliation board come together and try to work something out
Describe what happens if a union files a “No Board” report
If the union doesn’t want to make a deal, they will file a “No Board” report, which declares that they couldn’t reach an agreement. After filing this report, they can still strike, but only after 17 days have passed
Is a conciliation binding or non-binding?
Non-binding: if you invite the board in, they can only give suggestions. They cannot make you a new deal
What is conciliation’s impact on strike?
This is the process that creates a legal strike position
What is conciliation’s voluntary status?
Voluntary: you don’t have to go on strike, but if either side wants to lock-out, then you have to
What are wildcat strikes?
It means that someone has jumped the gun before the 17 days are up, and they went on strike. They get ordered back to work from the government
Describe mediation
When the union and management bring in a mediator to help them reach an agreement
What is mediation’s voluntary status?
Completely voluntary; they can only make suggestions
Is mediation binding or non-binding?
Non-binding; they cannot give you a final deal
What is the effect of mediation on a strike?
There is no effect of mediation on the legal timing of strike/lockout, but they may help to avert or end the strike/lockout
Describe arbitration
When you bring in a third party to make the deal for you: for most industries, arbitration is the last resort
What industries are not allowed to strike? What is the result?
Snow ploys, prison guards, etc. These industries go straight to arbitration
What is the voluntary status of arbitration?
Voluntary, except in the case of industries who can’t strike. For them it’s mandatory
Is arbitration binding or non-binding?
Binding: the third party will make the deal for you and you have to stick to it
What is the effect of arbitration on a strike?
Ends the strike/lockout
What happens if one/both parties don’t live up to their agreement?
Grievance Procedure: when they don’t like the contract and want to argue it. This procedure is required by law, but it changes forms depending on what you are negotiating
What are the 4 elements of each grievance procedure?
- Statute of limitations
- Escalation to higher levels
- Time limits
- Arbitration at end
Describe the statue of limitations
You must file your grievances within a certain amount of time
Describe escalation to higher levels
It starts with the union rep/immediate supervisor, but if they can’t reach an agreement then it moves up to the next level of management/seniority on both the management side and the union side
Describe time limits
There are time limits for each level of escalation; the grievance procedure can’t drag on forever
Describe how there is arbitration at the end of the grievance procedure
If the top level of management can’t agree by the end of the time period, there are specific arbitration processes they need to follow to reach an agreement
