Labour Relations Flashcards
If the union representation vote does not result in sufficient support
The union must wait for 1 year before another vote is hels
Mediation is
Voluntary Decisions are not BINDING ministry of labour can appoint them Faster than arbitration less costly than arbitration create better solutions protects parties relationships happens after conciliation able to asset by suggesting a new basis for settlement allows the negotiators to back away from their position
What is the recognition article
it is a term in the collective agreement providing that the employer recognizes the union as the bargaining agent for a specified group of employees
Types of Union Membership
Closed shop- all employees must be a member of the union- hired through the union
Union Shop-new employees hired do not need to be union members but must become a union member in specified time period
Modified Union Shop- where non union employees already employed do not have to join the union but all new employees must
Open shop- where union membership is not required to work there
Disadvantages of Med-Arb
The parties might not be candid with the mediator as they know they will be acting as the arbitrator later
The arbitrator amy obtain information in the mediating stage that might influence their decision
What are the Environmental Factors impacting Labour Relations
Legislation
Economy
Positive Affects unions have on Productivity
Productivity is increased due to Low turnover having to be more efficient increased accountability more effective compensation package reduced rivalry increased informal training
Define Union Density
is the percentage of non agricultural workers who are union members
What is the open systems approach to Labour Relations-
Alton Craig- 5 elements
The ENVIRONMENT
Set of Actors
The processes or activities in which the parties are engaged in
The outputs or results of the parties activities
PLUS
Feedback is an essential component
What type of worker is in a general Union
Not confined to any particular industry or occupation
Who negotiates for the Employer
Must have the authority to make decisions People with Business Knowledge Labour Relations Specialist Financial Resource person Generally NOT the TOP management
What outcome does the grievance process provide
quality and consistency of management decisions
What needs to happen before negotiations can take place
The labour relations board must have recognized the Union as the bargaining agent for the employers
The Union must be recognized by the employer before the labour relations board will recognize them
Do Unions need to notify the Employer if they file a complaint with the Ministry regarding the use of Unfair Labour practices
NO
Why is it hard to unionize part time workers
High turnover
decreased commitment
Names the types of strikes
Walkouts- leave the work premise
slowdown/ Work to rule- reduce pace/productivity
sympathy strike- illegal- call on other unions to strike as to show support
rotating strikes- when employees at different locations alternately stop working
Wildcat strike- -Employees stage an unauthorized strike/against unions orders to not to strike
Picketing- Union members must participate
Boycott products
What term is used to describe the employee management employment relation in a UNION company
Labour Relations
Affect of Unions on Profitability
Profitability- Unionized organizations have lower profits
Why has technology affected unions
because it can require different worker skills
Key difference between public and private sector labour relations is:
Public is political based and private is economics
Define the duty of fair representation
Prohibits the union from acting in a manner that is arbitrary, discriminatory or in bad faith
Governed by Labour Relations legislation
applies to the contract negotiations
What must Unionized Employers prove to dismiss an employee
Just cause
Define Mediation- Arbitration
It is a two step process, sometimes referred as med-arb
The individual assisting first tries as a mediator to reach an agreement and then if no settlement is reached the same person acts as an arbitrator and decides the terms of the agreement
What makes up the Structure of the Local UNION
Union Steward- each department has an elected steward to seek advice from and oversee initial grievances/ day to day communication with supervisors
Chief Steward- Elected person responsible for grievances, participates in KEY meetings
Union President- Elected employee by members. manages the relationship with the company, participates in all KEY meetings
What Can’t employers do in the disciplinary process
Impose fines that aren’t stated in the collective agreement
reduce or eliminate seniority
impose discipline for twice for the same misconduct
What type of worker is in a Industrial Union
Anybody who works in the same company or particular industry- Communication, energy and paper
What are the Typical Collective Agreement articles
Grievance & Arbitration Procedure Duration or Term of the Agreement Union Security Management Rights Preamble Seniority Wages Layoffs and recalls Benefits Hours of Work and scheduling Union Business/ rights officer
What is surface bargaining-
is bargaining aimed to avoid reaching an agreement, go through the motions with n intent to reach an agreement
What is a Provincial Labour Federation
an organization composed of unions in a province that belong to the CLC
Every province has one
Lobby the provincial government regarding employment and labour relations legislation, education members supporting unions on strike
What is Remedial Certification/ Automatic Certification
Union Certification as a result of unfair labour practices
applicable provinces when the labour relations board makes a decision based on Employer misconduct
In some provinces when the union can show they have greater than 50% of support of the proposed bargaining unit
The Board uses it’s remedial powers to certify the union
* A provision in some legislation where the Union can be certified without a representation vote
Define Culpable absenteeism
Absenteeism in which the employee is at fault or there is blameworthy conduct- skipping work to go to a baseball game
Who are the actors in Labour Relations
government
Unions
Employers
What are new issues Unions are addressing because of larger representation of women in Union membership
Work Life Balance
Identify the most common Bargaining Structures
Single Employer, single establishment, single union
Single employer, multiple establishments, single union
what is Bumping or Bumping rights
the displacement of an employee by another who has more seniority and would otherwise be laid off
Private Sector Labour Relations Legislation
Federal- Canada Labour Code
Ontario- Labour Relations Act
What is the basis of Private Sector Union decisions
Economics
Affects on Unions on Training
Training= Unionized organizations- training costs and spending are higher
Identify other Dispute resolutions methods
Final Offer Vote- Employer or minister requests a final vote
Back to work legislation- Special statute passed to end a strike or lockout and usually imposes arbitration
Increased use of this by governments who deem the strike to impose undue hardship on the public
How often to Arbitrators reinstate an employee
1/2 the time and is one of the most significant implications of unionization
What does Labour Legislation require in ALL collective agreements
#1- A NO Strike or Lockout clause #2- Provisions or mandatory arbitration #3- term of a minimum of 1 year
If the Union makes promises to Employees during the organizing capping , Is that considered Unfair Labour Practice
NO
Define Innocent Absenteeism
Absenteeism where the employee has no control over the absence from work- sickness /injury
What is Hard Bargaining
it a legitimate attempt to obtain a favourable agreement- persistent attempt to get an agreement
What is the Wagner Act
it established the right to organize, compulsory bargaining and prohibition of unfair labour practices in the United states
What is a resistance point
is the negotiating parties bottom line- the least favourable offer it will accept
Future of Unions- What challenges do they face
Globalization
Privatization of government businesses
Economic Challenges
Less favourable political & leaf environment
Difficulties with more collaborative role of Employers
More competitive driven economies
legislation changes that are less favourable
Improve their administration- more efficient and cost effective
What are the special conditions which Unions can be certified under
Automatic/Remedial Certification - Employer is found guilty go unfair labour practices ** This can happen even if the union lost the vote
Voluntary Recognition- The Employer voluntarily recognizes the UNION as the Bargaining Unit
Define the Public Sector
Includes all persons- 3 components
#1- employed directly by local, provincial and federal governments
#2 indirectly in health, social services and education:
#3 government business enterprises
** Unlike private sector, the public sector are the only providers of their services
What are Unfair Labour Practices
Practices that prevent people from exercising their legal rights
What is RIGHTS ARBITRATION
Refers to disputes regarding the administration of the collective agreement- grievances
The percentage of the Canadian labour force that belongs to unions is approx…
30%
Define the Hot cargo clause
Allows the employee to refuse to work with goods associated with an employer engaged in a labour dispute- generally unenforceable because it generally is trying to contract out the statutory prohibition against a strike or lockout during a term of agreement
Why do Strikes occur
Unions and Management are basing their negotiations on different information
Economic Factors- Periods of High employment increase strike activity
Strike is low in bargaining units who have received high wage increases
Bargaining Unit and community characteristics-male dominated and larger bargaining units strike more often
Conflict with the Employer or UnionRelationship between the union and management
Negotiators skills and experience
Bargaining history
Legal Environment
Employee discontent
What does the National Union Do
Provides resources and support to the local unions
members are in Canada ONLY- head office is in Canada
Affects of Unions on Managerial Control
managerial Control- Is reduced- ability to make decisions to contract out, fill job vacancies, establish work rules, terminate or technology change
Define Craft Union
Labour Union composed of members which all have one skill- highly skilled example plumbers, electrician
How can a strike be ended
Labour legislation provides that the Minister of Labour can order a final vote by employees where it is in the public interest to do do- strike of garbage handlers
What is Integrative Bargaining
Both parties are able to achieve joint gains
Also known as Interest based bargaining
What is required to be filed with the application of certification
All the information gathered by the Union during the organizing campaign must be filed with the application and it helps to determine the unions strategy
Who Negotiates for the Union
Local Union President
Local Union Representatives
Experts in specialized areas - example H&S
National or International Representatives
What are the Collective bargaining Objectives
Convince the other party to accept your demands
Demonstrate your bargaining strength
Determine the other party’s point of agreement
What are examples of UNION Unfair Labour Practices
Refusal to bargain in good faith
calling for an unlawful strike
Intimidating employees to become members
Union activity during work hours without the permission of the Employer
Discriminating against a member who is not a union supporter
Failing to fairly represent members
What is the effect of a lockout
Public perception
Loss of income by employees
Advantage of Med-Arb
The parties can get to arbitration faster
the arbitrator has already all the background and information on the issues
What are the Negotiation Steps- Lorraine
1- Preparation- both sides conduct research
Employer- prepares a budget for the new contract
Local Union- will receive direction from National office about key changes or additions to seek
#2- Meeting Coordination
Employer will organize the meetings
provide leave of absence for Union negotiating Committee
Meetings can be held anywhere, better if they are off site- neutral territory, no disruption, maintain confidentiality
#3-Proposals are Prepared
After the research Each side prepares a draft proposal outlying their wishes or demands
Demands can be monetary- wages/Pensions or NON-monteary- procedural matters
#4- Exchange Proposals
Prior to the first meeting or at the first meeting they exchange proposals and views of the negotiation
Employers provides a Business overview and the direction the company is heading
#5- Bargaining Session
Work through NON-monteary proposals first
Can take a few days to a few months
Final offer- Presented by the Employer
#6- Settlement
Memorandum of Settlement is prepared when both parties have agreed, outlining the agreement
#7- Ratification Vote
Secret vote takes place, where the union members approve or reject the new collective agreement 50% +1 in Ontario
What does the Ontario Federation of labour do?
Provincial body that acts as the central organization for all unions in the province and represents interested to the Provincial Government
Employment Involvement program can’t
relate to matters covered by the collective agreement
Unions can’t ask members to boycott such programs
What does the Arbitrator consider when making decisions on disciplinary actions
Whether the offence actually occurred
Whether the penalty imposed was appropriate
- Can substitute another penalty
can overturn a termination and reinstate the employee
Does Legislation grant every worker the right to unionize
NO
what is a check-off
the deduction of union dues from employees pay by the employer and remittance of the dues to the union
What is centralized bargaining
refers to negotiations that cover more than one location, bargaining unit or employer
What are examples of EMPLOYER Unfair Labour Practices
Firing Union Supporters
Intimidating Employees into rejecting the Union
Demoting or disciplining Union Supporters
Changing Wages or Work Conditions during the campaign
Threats
Illegal lockout
participating in the Union Drive
Failure to recognize or Bargain with the Union
Union work during a strike
What are Public Sector Financial Constraints
Legislation to constrain compensation
increased debt & spending makes contract negotiations difficult
Define Final Offer Selection
A type of Arbitration where both parties submit their final offer and the arbitrator picks one
The terms of the offer chosen are incorporated into the collective agreement
What are the factors affecting the Unions Bargaining Power
Support of bargaining members Size of the Strike fund Timing of the strike Effectiveness of the strike Effect of picketing labour cost/total cost Elasticity of demand for the product/service provided Public opinion
Define CLC- Canadian Labour Congress
Governing Body of Labour Unions in Canada
National Spokesperson to the Federal Government
Interest Arbitration is used primarily by what sector and for what purpose
Public sector
Provided as an alternative to strike/lockouts for some employees who do not have the right- emergency services
What are the Strategies Employers use dealing with Unions
Union Opposition- Try to maintain a union free status
Union Avoidance- Try to maintain a union free status by convincing Employees they don’t need unions- Provide higher compensation
Union Acceptance- Try living with any union that obtains bargaining rights and TRY to secure the best deal possible
Union Resistance- Involves a Partially unionized employer attempting to limit the spread of the unions in the organization- extend the wage increase achieved by the unions bargaining to non unions
Union Removal- The Employer attempts ti rid itself of the union- refusing to bargain in good faith
The negotiation Steps
Notice to Bargain
Bargaining Teams selected
Preparation of demands
Meetings- agreement or no agreement go to next step
Conciliation/Mediation- Agreement or no agreement/next step
Strike /Lock out- Agreement
Arbitration- Agreement
What is the purpose of labour legislation
To provide a common set of rules for a harmonious relationship between parties
Negative Affects union have on Productivity
Increased per unit labour costs seniority work rules cause inefficiencies adverbial relationship more than optimum investment in capital
If the Employer makes promises to Employees during the organizing campaign , Is that considered Unfair Labour Practice
Yes
Affects of Unions on Recruiting/Sections
Employer Recruiting/Selection- Mistake in selection has more significance because of the procedures & process to terminate are provided by the collective agreement
What are the factors affecting the Employers Bargaining power
Sufficient inventory on hand
If the outgoing bargaining unit is independent in the organization and doesn’t impact the rest of the organization
Competitive position of the employer/ customer loss
Timing of the strike- is the employer a seasonal business
The ability of the employer to use replacement workers
What type os worker is in a trade Union
Specific Skilled Workers- Brotherhood of Electricians
What are the steps of an Organizing Campaign
Step #1- Union begins organizing drive or workers approach union for a drive
Step #2- Organizing committee of company Employees is established to assist with the campaign, comprised of employees at the site who support the Union. This stage is very low key to avoid managements detection
Step#3- Research is done to support organizing efforts, Recruitment of interested members begins and Data is collected such as a list of eligible employees obtained
Step#4- Information meeting is held to formally access the level of support for the Union and likelihood of the campaign resulting in a certification- MEMBERSHIP DRIVE
Step #5- Get the Employees to sign Membership cards- Visits may be made at homes or somewhere else- Special attention should be made to AVOID any UNFAIR labour Practices at this stage
Step#6- Upon Sufficient levels of support, an application for certification is made( Varies by province- 40% interest is required in Ontario to file the application with the Labour Relations Boards.
Benefits of the grievance system
settles dispute without work interruption
settles disputes before next round of negotiations
provides a communication mechanism
establishes a check on the quality and consistency of management decisions
reduces turnover
provides a method to oppose or resist management decisions
increase union solidarity
provides political benefit to union officials
provides potential pressure tactic
What are the disadvantages of Arbitration
Chilling effect- parties may not make any concessions on their own- let the arbitrator decide
discourage the process to negotiate the collective agreement on their own
What are the Factors that affect an Employers Labour Relations Strategy
Competitive Strategies- If the company emphasizes low cost it is more likely to oppose the union
Competitors Status- Unionized or Non Unionized
Experience with Unions- Past experience
Managers Values or Ideology
Unions Philosophy or Policies
Unions Powers or Ability- Strength of the Union
Types of Employees the company recruits- Young/old
Legal Environment- Legislation in place how easy is it
Is there provincial and federal labour legislation
Yes
What are successor rights
They protect the rights of the union and any collective agreement if the business is sold
Public Service Staff Relations Act- What year and what did it do
1967- Gave federally government employees the right to unionize
distinct aspect is it gives provides for a choice of contract dispute resolution either interest arbitration or strike
During the 19th century strike/union organizers could be charged with a criminal offence
true or false
true
Labour Legislation prohibits the use of
Unions using strikes and Employers using lockouts
What is the Law governing the behaviour of both parties in a union setting in Ontario
Labour Relations Act 1995
What is required in Ontario before a strike or lockout occurs
Conciliation or mediation
after conciliation officers report to the minister
14 days after the minister notifies that the conciliation board will or not be established or
if conciliation board is established- 7 days after a report is released to the parties
Or ministers appoints a mediator instead of a conciliation officer- 7 days later a report is released to the parties
Define Job Control Unionism
emphasizes protection of jobs by controlling management and entails an adversarial relationship
Define Labour RELATIONS
Labour Relations is a part of Industrial Relations
Is the study of ALL aspects of the union- management relationship, including the establishment of Union bargaining rights, the negotiation process and the administration of the collective agreement
If a vote is unsuccessful, when can the next vote take place
one year later
What is Distributive Bargaining
Limited Resources will be divided
A gain by one party is a loss by the other
What are the stages of Negotiations
Establishing the Negotiation Range-
each side explains their concerns and positions on the issues- They present their sides forcefully and can have some antagonism
Search Phase-
This is the longest Phase
Parties make concessions moving toward an agreement
Non monetary and monetary issues
Crisis Phase
Strike or Lockout is a clear possibility
parties are forces to make decisions and final concessions
Is the action of one employee considered a strike- such as not crossing a picket line
no
Define the narcotic effect
Parties lose their ability/ capability to negotiate their own agreement
What does the International Union Do
Provides resources and support to the Local unions
members are in Canada and the US
Head office is in the US
What are the Steps of Arbitration
Once the decision to proceed with arbitration
#1- Select an Arbitrator- Mutually agreed or Ministry of labour will appoint one
#2-Abritration Hearing- Semi legal proceeding, offsite, union first, opening and closing statements, witnesses and evidence presented, cost shared by both sides
Arbitration Decision
Based on grievances submitted
Collective agreement
evidence submitted
previous case rulings
Including a clause in the collective agreement allowing employees to refuse to cross the picket line will not prevent the Labour Relations board from declaring an illegal strike
true or false
true-
Labour legislation outlines that it is illegal to strike during the terms of a collective agreement, therefore including this in a collective agreement is trying to contract out legislation which is illegal
What Triggers a Statutory Freeze
The notice to Bargain
The Traditional System of Labour Relations included these elements:
Adversarial relationship
ritualistic distributive bargaining
frequent labour disputes
Union emphasized the different interest of management and the employees
portrayed employers as exploiting the employee
Management developed distinction by providing managers with different parking, washrooms, and status symbols
How is Seniority recorded
it is recorded in accordance with the collective agreement
seniority continues to accumulate during periods when employees are not working, leaves or layoff
Guided by Employment standards legislation and must comply
Identify the Alternatives to Arbitration
expedited Arbitration- resolves issues more quickly by imposing shorter time limits
Grievance Mediation- confidential process
don’t hear evidence or binding decisions but suggestions and discussions to resolve the issue
What is the procedure when a union no longer represents the best interests of the members and they do not wish to be represented by another union
File for Decertification
What is the Discipline process
It is not standard but usually Management will reserve the right to accelerate the steps depending on the severity of the violation or offence
Always give the employee the opportunity to explain
Union representative should be present at ALL Discipline discussion since it is subject to the grievance process
Features of Job Control Unionism
narrow job descriptions
communication with management through the union
emphasis on grievance system opposed to other
distrust of teams- peer pressure, weaken union role
seniority as the basis for allocation of jobs
distrust of employee involvement
Standard wages not linked to firms performance
pay tied to jobs not knowledge
unions protecting jobs by limiting management authority
What is the systems approach to Labour Relations
Dunlop Model- 4 key elements
Set of Actors- Management/agents +Workers +Government agencies
Body of rules that governs the actors- grievance procedure
**Context of the System
An Ideology that binds the system together
Todays Unions are faced with issues related to
Economic
Political Influences
Demographic changes due to the retirement of baby boomers
Union leaders must appeal to a new generation, seek convincing reasons to rebuild its membership now that most traditional battles over fair wages, safer workplaces and reasonable benefits have been won
What are the basis of the exclusions dictated by legislation that cannot be part of the union
Based on their access to confidential information- Payroll
Based on their decision making authority- managers
Based on their status in the company- independent contractors
Requirements for a Strike or Lockout
Not while the collective agreement is in force
Parties have bargained in good faith
Conciliation or mediation process completed
cooling off period
strike vote- Secret Ballot- majority
Notice of Strike or lockout
Essential service agreement in place
Define Industrial UNION
Labour Union composed of all workers in a given industry , regardless of skill, craft or occupation
Are employers allowed to refer to past misconduct or misconduct of the employee that cam to light after the dismissal in the grievance process
No- they cannot only address the initial charge, BUT if they do find more misconduct they should alert the union right away
How much of the Canadian Workforce is unionized
30%
What Type of Worker is in a Labour Union
Unskilled workers- CUPE
Disadvantages of the conciliation process
Union- cooling off period allows the employer to prepare for a strike
no evidence that it reduces strikes/lockouts
board reports are made public- impact public perception
just delays the strike/lockout
What is industry Bargaining
is centralized bargaining structure in which one negotiation covers all employees in the industry
Who can serve the notice to bargain
Either side but it is usually the Union
Collective Agreement- Key Clauses/ Articles directed by legislation
Recognition Provision Provision against strikes & Lockouts Deduction & remittance of Union Sues Arbitration provision Minimum term of 1 year
What are the elements that make up the Environment in the open systems approach to labour relations
Economy- competitive position of the firm, economy of the nation, inflation, new competitors
Social- Values and Beliefs of Canadians relating to work, union & employers , impact of politics and whether you join a union
Technology- development of new knowledge that leads to new products & services, changes to methods of production, affects job security and H&S
Political- Political systems effect labour legislation- which party was voted into to power and their position on labour relations
Legal- Laws that effect unions, employees & employers
Define Tayloristic Work Principles
Include the separation of management and work activities, increasing efficiency through specialization
referred ti as Job control Unionism
What is the basis of Public Sector Unions decisions
Political
Identify the types of grievances
Individual Grievance- an employee alleges the employer has violated the collective agreement
Group Grievance- a number of employees alleges the employer has violated the agreement
Policy Grievance- The union or the Employer alleges the other has violated the collective agreement
Identify the problems with Arbitration
Too legalistic
Expensive
slow
What is price elasticity of demand
refers to how much a change in price effects the demand of the product
Who sits on the Conciliation Board
Union Nominee, Employer Nominee and a neutral chairperson selected by the parties nominees
What does a local union do
Has its own officers, constitutions and by laws
administration of the collective agreement
handles issues dealing with grievances, workplace problems, collective bargaining and social activities in the workplace
Fundamental unit of the UNION Structure
What to keep in mind before going into negotiations
Relationship is on going- Union and Employer will be working together after the agreement
Negotiations often have a large number of issues
Negotiations are subject to legislation requirements- such a duty to bargain in good faith
Negotiators represent the constituents who must APPROVE the agreement
Who administers the Federal legislation
Canada Industrial Relations Board
Interpret and administers legislation
Define Employee Association
Promote the interest of the employee
not unions
are not certified but the Labour Relations board
do not have the right to strike
Define Labour Relations Legislation
regulates the relationship between unions, employees and the employers
What are the steps for certification
Step#1- Labour Relations Boards receives and accesses the application and has the following choices
- Automatic Certification in some provinces- because of sufficient interest OR Unfair Labour Practices occurring but he employer
- Order a Vote in the Workplace- Sufficient interest is shown through signed membership cards
-Suggest alterations to the Bargaining unit- based on the list provided or positions of employees
- DENY the application
Step #2- The union must deliver notice of application to the Employer on the SAME day that they apply for Certification
Step #3- Secret Representation vote must be held within 5 working days after the application is made. It is supervised by the Labour Relations Board( Ontario Certification is given is 50% of the ballots are in favour- If the Union is unsuccessful another vote cannot be held for 1 year
Step#4-1st Contract negotiations begins by both parties- If contract is deadlocked, one party is uncompromising or not moving the process along BINDING ARBITRATION occurs
Define Industrial RELATIONS
Broad interdisciplinary field of study and practice that encompasses all aspects of the employment relationship
This includes both union and non union workplaces
examples of Industrial relations issues- CEO pay, collective agreement
Refers to the Laws, duties and Employer and Labour Union obligations
What is the Public Sector Federal Legislation
Public Service Staff Relations Act
** some public servants are denied the right to strike because they are deemed essential service
Define Mediator
Attempts to assist the parties to reach an agreement,their role and authority bay across jurisdictions
Mediation in all jurisdiction but Alberta/BC can be use instead of or in addition to conciliation process
Can make recommendations only if the parties agree or directed by the Ministry
May play an active role in negotiations
What type of discipline is the Employer expected to use with employees
Progressive Discipline Verbal Warning Written Warning Suspension Longer Suspension Demotion Dismissal
When can a Union Strike or Employer Lock out
When the Collective agreement has expired
The conciliation process must have occurred and resulted in a NO BOARD REPORT
Strike vote must take place- greater then 50% in favour
What is meant by Political Bottom line
Governments are not seeking profits but are seeking re-election- so it is political
Identify the 5 Articles most commonly founding a collective agreement and their impact on HR activities
Recognition- The employer recognizes the union as the bargaining agent for the employees specified
Grievance and Arbitration procedure- The collective agreement provides for a grievance and arbitration procedure including grievance definition, procedure, types of grievances and time limits- Limits HR disciplinary ability and process
Bargaining Unit- Employers are allowed to assign work normally done by bargaining units members to other employees unless the agreement places restrictions on the assignment of bargaining work
Strikes and Lockouts- Legislation provides that collective agreements shall be deemed to include a term that a strike /lockout can not occur during the term of the agreement
Duration or Term of Agreement- the agreement must have alteast a minimum term of 1 year
Union Security- outlines the requirement that the employer must deduct dues from employees through payroll and remit to the unions
Management Rights- provides the employer retains the authority to make decisions relating to the management of the organization except as otherwise provided in the collective agreement
What is Voluntary Recognition
The employer voluntarily recognizes the union as the bargaining agent
What is the general purpose of LABOUR LEGISLATION
Outline the process for collective agreement negotiations
What is Binding Arbitration
Is the involvement of a third party who has the authority to impose settlement and is a legal requirement for those workers who do not have the right to strike
Decision CAN NOT be appealed
Concession Bargaining is:
the negotiation over employers demands for reduction in wages and benefits
What is conciliation
Used to resolve a dispute
In ontario , legislation require one of the parties to request to the minister
Neutral Third party
One or 2 stage- Conciliation officer + Conciliation Board
Function as facilitators
No authority over the parties
do not make recommendations regarding the terms of the dispute
What happens to the employees when a strike as ended
Striking employees must be reinstated and given priority over employees hired as replacement workers
In Ontario- a qualification to this provision states the employee may make an unconditional application in writing to return to work within six months of the start of the strike, the employer must reinstate them unless the work is no longer done- Ontario Unions must be concerned about a strike lasting gore than 6 months
Advantages of the conciliation Process
New perspectives
cooling off period -allows parties to reconsider their positions
What is a representation vote
is a secret vote to determine if employees want a union to represent them
Identify the distinct features of Public Sector Labour Relations
Employers have Dual Roles- function as both employer and a regulator of the system
Divided Authority-Management authority is sometimes divided- authority is divided between administrators of t the union usually deals with and government officials
Political Bottom Line- Governments are concerned with public opinion and how it will affect re-election not profits
Financial Constraints- The ability of the government to provide wage increase due to inability to raise taxes in the present economic culture
Employees of Public sector- high concentration of women and white collar professionals
Legislative Framework-legislation for municipal employees is the same as private sector- regulated by the labour relations board- BUT- general public sector labour relations statute that applies to government employees
Establishment of Bargaining Rights- In some cases are set out in legislation not the labour relations board
Scope of contract negotiations- legislation often restricts the number of issues that can be negotiated- such as training programs and promotion issues
Contract Dispute Resolution-
Some pubic sector employees are allowed to engage in strikes
No-Strike- Interest Arbitration Model
Designated or controlled strike model- outlines the # of employees are required to keep working while the others are striking
Legislation- Governments can pass back to work legislation and end the strike- provides for interest arbitration to be used
Federal Employees are governed by the
Canada Labour Code part 5
Define National Union
Members are in Canada
Define a Lockout
#1-Closing of a place of employment suspension of work by the Employer or refusal by an employer to continue to employe a number of their employees, #2-done to compel their employees to agree to terms or conditions of employment Not for economic purposes
What can the Employer do during the organizing campaign
Communicate with the Employees- Share the communications with the Union
Prohibit Entry to the union organizers(non-employees) and employees who are not working from entering the workplace
Prohibit solicitation of union membership during work hours
What is an open period
is the time span within which a second union can apply for certification
Obligations of the Employer and Union to Human rights in the administration of the agreement
Accommodations
employers duty to accommodate unless a BFOR reason
unions- ensure they didn’t formulate a rule that is discriminatory or heed the efforts of the employer to accomodate
Disciplined for behaviour caused by a disability
Job postings /selection
What is the Major federal law regulating labour relations
The Canada Labour Code
What is Pattern bargaining
The union negotiated an agreement with one employer and then attempts to have it copied with other employers
What is the framework of fairness agreement
Increased collaboration
Management recommends union to employees
Voluntarily recognizes the union
Interest Arbitration- No strike or lockout in the event of impasse
Employee relations review
Committee provides union opportunity for inout
dispute resolution procedure, including hotline and fairness committee
Collective bargaining is the entire relationship between a union and the employer, including the administration of the collective agreement
true or false
True
What is a last chance agreement
provides an employee guilty of misconduct will be retained or reinstated subject to conditions being met and will be discharged if the agreement is breached
what is the purpose of the Duty to bargain in good faith
IS to ensure that the employer recognizes the union and to facilitate an agreement being reached with out a strike or lock out
Under Canada’s political constitution, jurisdiction over labour matters are assigned to :
Federal and provincial governments
When can an Arbitrator reduce a penalty
Only if the specific penalty for the misconduct hasn’t been outline collective agreement
Factors that affect the interaction of labour and management
HR policies and practices, demographics
What is secondary picketing
picketing at a place other than the location of the labour dispute
What are unions directed by
Unions are directed by the WISHES of their membership
***What are the Factors that affect or influence Labour Relations
Legal Political Social, Economy Technology
Main reason for joining a union is greater economic security
true or false
True
what are nominal Wages
Wages that have not been adjusted for inflation
Does the Union align itself with a specific political party
no
General information about strikes in Canada
Higher rates than international standards
statistics are hard to compare as every country uses different definitions of strike activity
Canadian Strikes generally last longer
Factors Arbitrators consider when reviewing discipline opposed by the Employer
Length of service
seriousness of misconduct
previous record
provocation of managers or other employees
uniformity of enforcement of rules
did the employee know the rules
did the employee admit or deny the misconduct
was the misconduct premeditation or spur of the moment
penalty create economic hardship
What is an example of breach of duty to bargain in good faith
insist upon changes in the bargaining unit
insisting on any illegal conditions in the agreement
union insisting on one set of negotiations and one collective agreement for several bargaining units
surface bargaining
refusal to meet
failing to provide information
last minute demands
failing to explain proposals
circumventing the union
What is the method to determine if an individual is an employee;
The four fold test considering control ownership of tools opportunity for profit risk of loss
Who can commence an organizing campaign
Employee or Union officials-
Most are started by Employees
Define a Strike
Is not limited to a situation where employees walk off the job, includes employees continuing to work but restrict output, refuse overtime, slowdown, not engaging in any activity the collective agreement does not require
What type of employees are in the public sector unions
Most likely white collar, professionals and female
Affects of Unions on Investment
Investment- Unionized organization has overall negative effect on company investment
What is Certification
It involves obtaining a certificate from the Labour Relations Board
What does the Canada Industrial Relations Board do?
Administers Federal Legislation
What is the Crowding effect
Downward pressure because of increased supply of employees in the labour market because Unionized employers reduced employment
The ClC advocates with regard to the present political economic and social systems to the:
Federal government and labour relations legislation
After the required number of membership cards are sign the union must
Apply to the appropriate Labour Relations board
What is Super seniority-
a provision that specifies the union officers will be the last to be laid off
Governments in both the provincial and federal jurisdiction use several methods to regulate labour outcomes
true or false
True
What are the key processes of Labour Relations
Union Organizing
contract negotiations
Administration of the Collective agreement
What term is used to describe the employee management employment relations in a NON-UNION company
Employee relations
1/2 of all the Union Members are in the Public sector
True or False
True
What is a significant component of Labour legislation
UNFAIR labour practices
What does the Provincial Labour Federation do?
Provides a central resource for all unions in the provinces
Hears grievances from all parties
Define NO-Board-Report
confirms that a conciliation board will not be appointed and begins the countdown to a strike or lockout
What is a Business Agent
Regional representative assigned to assist the various local unions
Is a Paid Union representative
Participates in grievance process
spokesperson
Is there legislation that prevents union organizing
no
What is Culminating incident
If an employee has been guilty of an act of misconduct the employer is allowed to take into consider past records when determining the appropriate penalty
Who administers Federal Legislation
Canada Industrial Relations Board
What is the purpose of the Labour relations board
facilitate collective bargaining between union and management
encourage communication between employers and employees
encourage cooperative participation of employers and trade unions in resolving workplace issues
promote expeditious resolutions of disputes
recognize the importance of economic growth as the foundation of a mutually beneficial relationship
What is the effect of a Strike
Affects the Employer operation Apply pressure to accept union demands demonstrate the Unions Strength Create financial problems public pressure for the Employer
The collective bargaining process involves
Collective rather than Individual negotiations by employees with the employer
Recognition by the employer of the union certified as the bargaining agent for the employee
The statutory requirement of BARGAINING in GOOD FAITH by the employer and the union
Both parties must sign the collective agreement , setting out the terms of employment for a stipulated period of time.
What does the Union consider when they prepare their demands
They Consider Experience with the collective agreement Grievances and complaints filed by the bargaining unit members Arbitration decisions Input from bargaining members Input from National & international unions Economic forecasts Contract settlements, industry and local
Define a Labour Council
is an association of unions in a municipality or region
represented by delegates who elect officers to the councils work
advance the interests of the unions at the regional or municipal level
What is Decentralized Bargaining
refers to negotiations between one employer and one union for one location
What is a union
is an organization of employees that has the objective f improving the compensation and working conditions of employees
Affects Unions have on Compensation
Increases wages on average by 10.4%
Affect wages and benefits on NON UNIONIZED orgs because of the THREAT AFFECT to stay competitive with unionized orbs so not to have a union in there company
Union Wage Effect- depends on the industry, gender, occupation, skill of the employee
Unions raise benefits more than wages
Variable and incentive pay are reduced by Unions
Who typically engages in Unfair Labour Practices the most
The Employer
Significance of Strikes
They are the exception not the rule Can lead to violence and property damage Business closing Inconvenience to the public at large Income of employees loss of jobs affect trade balance& competitive position of the Canadian Economy Economic impact on the community Can lead to resolving the conflict
Are All cases Arbitrable? Why or Why not
No - They must relate to a matter covered in the collective agreement, If the agreement has been complied with, it is not Arbitrable been if the outcome seems harsh or unfair
Define the Arbitration Process
It results in a BINDING Decision- NO APPEALS from either party
Mandated by Labour Legislation, included in every collective agreement
Protects the public from inconvenience if the dispute is not resolved
semi judicial
witness and evidence is presented
gives a mechanism to those public sector employees who can’t strike
arbitrator makes the decision that both sides have to live with
The parties give away control
The parties have no choice of which arbitrator is assigned the case
Expensive and time consuming
How does the Union impact Human Resources Management?
Activities like recruitment and training are defined by the Collective Agreement
Wages are negotiated by the Union and the Company
Many Procedures are outlined in the Collective agreement and must be adhere to, such as disciplinary process
Why do Employees join unions or unionize?
Collective Voice Power in Numbers Improve working conditions Improve relationship with management dissatisfaction with management promises of job security being part of a group- social aspects the company is already unionized
Define the Certification Process
is the way for the union to obtain bargaining rights for employees by applying to the Labour relations board
Where is the period of notification stated
In the Collective Agreement
Define Labour Relations Board
Is an Independent body responsible for the administration of labour relations legislation affecting employers, employees and unions in each jurisdiction
Who do you report a breach of duty to bargain in good faith to
Labour Relations Board as it is an UNFAIR labour practice
What does Labour legislation prohibit Employers and Unions from doing during the organizing and negotiation phase of the collective bargaining process
Unfair Labour Practices
Define the process of Fact Finding
a process found in some public and private sector labour legislation
an individual investigates the issues and reports to the minister, contains NON BINDING recommendations and is usually made public
Define Cooling off period
After the conciliation board reports to the Minister, there is a waiting period that must run before the parties can strike or a lockout
ranges from 7-12 days
What is the Chilling Effect
refers to parties unwillingness to make concessions during negotiations
What is a trade Union
refers to an association of workers practicing a similar trade or employed in the same company or industry
What is the grievance process
#1- Employee discusses concern with their supervisor #2- If not resolved Employer & Union Steward do to the next level of management #3-Raised for discussion at regular grievance meetings with Company Representatives & Union grievance committee, including the business agent in attendance #4- Arbitration
When do Unfair Labour Practices typically occur
During Union organizing prior to the formation of the collective agreement
When is a strike not legal
Only at certain times and if the prerequisites for a strike including a strike vote have been met
Striking during the term of a collective agreement is not legal
What influences the power position of Unions and management
The Market- Type of product produced and where it is sold could affect wages
Technology- If it is easy to replace workers it provides management the power
Society’s Feelings on union can help Unions Power
What is INTEREST ARBITRATION
refers to the determination of the contract terms of a collective agreement- what the agreement should contain
What are HR Function in Unionized Organizations
Sustain a positive productive engaged workforce
work together with the Union
Many of the functions of HR are outlined in the collective agreement
obligation of reasonable notice of termination is eliminated
necessary to be proactive to know the needs of the organization for future negotiations
If negotiations Fail what is the next step
Conciliation Process-
Third party assistance
provide a new perspective on the issues
Typically mandated before a strike or lock out
The process is non binding
Labour Relations Board provides the conciliator
Either the Company or Union can request
Act as Facilitators
** No evidence to support it reduces the incidence of strikes
The industrial Relations framework Dunlop model includes the following
the players/actors
the web of rules/ body of rules that govern the actors
Context of the system - refers to the environment- tech,social economy
ideology that binds the system together
What is work Stoppage?
General description describing a lockout or strike intended to avoid casting blame on either party
What does the Labour Relations Board Do?
Interprets, administers & enforces labour legislation
Investigates Unfair Labour Practices
processes certifications applications
supervises certification elections
investigates alleged violations
Can Automatically certify Unions in some provinces
Encourages Employers and Unions to resolve workplace issues through Arbitration
Why is the the bargaining structure in Canada a decentralized structure
Due to the division of authority to legislate and administer labour relations between provinces and the federal government-
if a company has 2 location one in ontario and one in quebec they would have to conduct two separate negotiations as they are dealing with two different provinces governed by two different legislation
