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Labour Relations- Suffield and Gannon > Labour Relations > Flashcards

Labour Relations Flashcards

1
Q

If the union representation vote does not result in sufficient support

A

The union must wait for 1 year before another vote is hels

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2
Q

Mediation is

A 
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
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3
Q

What is the recognition article

A

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

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4
Q

Types of Union Membership

A

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

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5
Q

Disadvantages of Med-Arb

A

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

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6
Q

What are the Environmental Factors impacting Labour Relations

A

Legislation

Economy

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7
Q

Positive Affects unions have on Productivity

A 
Productivity is increased due to
Low turnover
having to be more efficient
increased accountability
more effective compensation package
reduced rivalry 
increased informal training
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8
Q

Define Union Density

A

is the percentage of non agricultural workers who are union members

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9
Q

What is the open systems approach to Labour Relations-

A

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

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10
Q

What type of worker is in a general Union

A

Not confined to any particular industry or occupation

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11
Q

Who negotiates for the Employer

A 
Must have the authority to make decisions
People with Business Knowledge
Labour Relations Specialist
Financial Resource person
Generally NOT the TOP management
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12
Q

What outcome does the grievance process provide

A

quality and consistency of management decisions

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13
Q

What needs to happen before negotiations can take place

A

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

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14
Q

Do Unions need to notify the Employer if they file a complaint with the Ministry regarding the use of Unfair Labour practices

A

NO

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15
Q

Why is it hard to unionize part time workers

A

High turnover

decreased commitment

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16
Q

Names the types of strikes

A

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

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17
Q

What term is used to describe the employee management employment relation in a UNION company

A

Labour Relations

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18
Q

Affect of Unions on Profitability

A

Profitability- Unionized organizations have lower profits

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19
Q

Why has technology affected unions

A

because it can require different worker skills

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20
Q

Key difference between public and private sector labour relations is:

A

Public is political based and private is economics

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21
Q

Define the duty of fair representation

A

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

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22
Q

What must Unionized Employers prove to dismiss an employee

A

Just cause

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23
Q

Define Mediation- Arbitration

A

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

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24
Q

What makes up the Structure of the Local UNION

A

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

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25
Q

What Can’t employers do in the disciplinary process

A

Impose fines that aren’t stated in the collective agreement
reduce or eliminate seniority
impose discipline for twice for the same misconduct

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26
Q

What type of worker is in a Industrial Union

A

Anybody who works in the same company or particular industry- Communication, energy and paper

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27
Q

What are the Typical Collective Agreement articles

A 
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
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28
Q

What is surface bargaining-

A

is bargaining aimed to avoid reaching an agreement, go through the motions with n intent to reach an agreement

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29
Q

What is a Provincial Labour Federation

A

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

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30
Q

What is Remedial Certification/ Automatic Certification

A

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

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31
Q

Define Culpable absenteeism

A

Absenteeism in which the employee is at fault or there is blameworthy conduct- skipping work to go to a baseball game

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32
Q

Who are the actors in Labour Relations

A

government
Unions
Employers

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33
Q

What are new issues Unions are addressing because of larger representation of women in Union membership

A

Work Life Balance

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34
Q

Identify the most common Bargaining Structures

A

Single Employer, single establishment, single union

Single employer, multiple establishments, single union

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35
Q

what is Bumping or Bumping rights

A

the displacement of an employee by another who has more seniority and would otherwise be laid off

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36
Q

Private Sector Labour Relations Legislation

A

Federal- Canada Labour Code

Ontario- Labour Relations Act

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37
Q

What is the basis of Private Sector Union decisions

A

Economics

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38
Q

Affects on Unions on Training

A

Training= Unionized organizations- training costs and spending are higher

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39
Q

Identify other Dispute resolutions methods

A

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

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40
Q

How often to Arbitrators reinstate an employee

A

1/2 the time and is one of the most significant implications of unionization

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41
Q

What does Labour Legislation require in ALL collective agreements

A 
#1- A NO Strike or Lockout clause
#2- Provisions or mandatory arbitration
#3- term of a minimum of 1 year
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42
Q

If the Union makes promises to Employees during the organizing capping , Is that considered Unfair Labour Practice

A

NO

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43
Q

Define Innocent Absenteeism

A

Absenteeism where the employee has no control over the absence from work- sickness /injury

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44
Q

What is Hard Bargaining

A

it a legitimate attempt to obtain a favourable agreement- persistent attempt to get an agreement

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45
Q

What is the Wagner Act

A

it established the right to organize, compulsory bargaining and prohibition of unfair labour practices in the United states

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46
Q

What is a resistance point

A

is the negotiating parties bottom line- the least favourable offer it will accept

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47
Q

Future of Unions- What challenges do they face

A

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

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48
Q

What are the special conditions which Unions can be certified under

A

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

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49
Q

Define the Public Sector

A

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

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50
Q

What are Unfair Labour Practices

A

Practices that prevent people from exercising their legal rights

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51
Q

What is RIGHTS ARBITRATION

A

Refers to disputes regarding the administration of the collective agreement- grievances

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52
Q

The percentage of the Canadian labour force that belongs to unions is approx…

A

30%

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53
Q

Define the Hot cargo clause

A

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

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54
Q

Why do Strikes occur

A

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

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55
Q

What does the National Union Do

A

Provides resources and support to the local unions

members are in Canada ONLY- head office is in Canada

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56
Q

Affects of Unions on Managerial Control

A

managerial Control- Is reduced- ability to make decisions to contract out, fill job vacancies, establish work rules, terminate or technology change

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57
Q

Define Craft Union

A

Labour Union composed of members which all have one skill- highly skilled example plumbers, electrician

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58
Q

How can a strike be ended

A

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

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59
Q

What is Integrative Bargaining

A

Both parties are able to achieve joint gains

Also known as Interest based bargaining

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60
Q

What is required to be filed with the application of certification

A

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

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61
Q

Who Negotiates for the Union

A

Local Union President
Local Union Representatives
Experts in specialized areas - example H&S
National or International Representatives

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62
Q

What are the Collective bargaining Objectives

A

Convince the other party to accept your demands
Demonstrate your bargaining strength
Determine the other party’s point of agreement

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63
Q

What are examples of UNION Unfair Labour Practices

A

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

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64
Q

What is the effect of a lockout

A

Public perception

Loss of income by employees

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65
Q

Advantage of Med-Arb

A

The parties can get to arbitration faster

the arbitrator has already all the background and information on the issues

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66
Q

What are the Negotiation Steps- Lorraine

A

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

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67
Q

What does the Ontario Federation of labour do?

A

Provincial body that acts as the central organization for all unions in the province and represents interested to the Provincial Government

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68
Q

Employment Involvement program can’t

A

relate to matters covered by the collective agreement

Unions can’t ask members to boycott such programs

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69
Q

What does the Arbitrator consider when making decisions on disciplinary actions

A

Whether the offence actually occurred
Whether the penalty imposed was appropriate
- Can substitute another penalty
can overturn a termination and reinstate the employee

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70
Q

Does Legislation grant every worker the right to unionize

A

NO

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71
Q

what is a check-off

A

the deduction of union dues from employees pay by the employer and remittance of the dues to the union

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72
Q

What is centralized bargaining

A

refers to negotiations that cover more than one location, bargaining unit or employer

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73
Q

What are examples of EMPLOYER Unfair Labour Practices

A

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

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74
Q

What are Public Sector Financial Constraints

A

Legislation to constrain compensation

increased debt & spending makes contract negotiations difficult

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75
Q

Define Final Offer Selection

A

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

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76
Q

What are the factors affecting the Unions Bargaining Power

A 
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
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77
Q

Define CLC- Canadian Labour Congress

A

Governing Body of Labour Unions in Canada

National Spokesperson to the Federal Government

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78
Q

Interest Arbitration is used primarily by what sector and for what purpose

A

Public sector

Provided as an alternative to strike/lockouts for some employees who do not have the right- emergency services

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79
Q

What are the Strategies Employers use dealing with Unions

A

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

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80
Q

The negotiation Steps

A

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

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81
Q

What is the purpose of labour legislation

A

To provide a common set of rules for a harmonious relationship between parties

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82
Q

Negative Affects union have on Productivity

A 
Increased per unit labour costs
seniority
work rules cause inefficiencies
adverbial relationship
more than optimum investment in capital
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83
Q

If the Employer makes promises to Employees during the organizing campaign , Is that considered Unfair Labour Practice

A

Yes

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84
Q

Affects of Unions on Recruiting/Sections

A

Employer Recruiting/Selection- Mistake in selection has more significance because of the procedures & process to terminate are provided by the collective agreement

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85
Q

What are the factors affecting the Employers Bargaining power

A

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

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86
Q

What type os worker is in a trade Union

A

Specific Skilled Workers- Brotherhood of Electricians

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87
Q

What are the steps of an Organizing Campaign

A

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.

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88
Q

Benefits of the grievance system

A

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

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89
Q

What are the disadvantages of Arbitration

A

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

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90
Q

What are the Factors that affect an Employers Labour Relations Strategy

A

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

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91
Q

Is there provincial and federal labour legislation

A

Yes

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92
Q

What are successor rights

A

They protect the rights of the union and any collective agreement if the business is sold

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93
Q

Public Service Staff Relations Act- What year and what did it do

A

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

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94
Q

During the 19th century strike/union organizers could be charged with a criminal offence
true or false

A

true

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95
Q

Labour Legislation prohibits the use of

A

Unions using strikes and Employers using lockouts

96
Q

What is the Law governing the behaviour of both parties in a union setting in Ontario

A

Labour Relations Act 1995

97
Q

What is required in Ontario before a strike or lockout occurs

A

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

98
Q

Define Job Control Unionism

A

emphasizes protection of jobs by controlling management and entails an adversarial relationship

99
Q

Define Labour RELATIONS

A

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

100
Q

If a vote is unsuccessful, when can the next vote take place

A

one year later

101
Q

What is Distributive Bargaining

A

Limited Resources will be divided

A gain by one party is a loss by the other

102
Q

What are the stages of Negotiations

A

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

103
Q

Is the action of one employee considered a strike- such as not crossing a picket line

A

no

104
Q

Define the narcotic effect

A

Parties lose their ability/ capability to negotiate their own agreement

105
Q

What does the International Union Do

A

Provides resources and support to the Local unions
members are in Canada and the US
Head office is in the US

106
Q

What are the Steps of Arbitration

A

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

107
Q

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

A

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

108
Q

What Triggers a Statutory Freeze

A

The notice to Bargain

109
Q

The Traditional System of Labour Relations included these elements:

A

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

110
Q

How is Seniority recorded

A

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

111
Q

Identify the Alternatives to Arbitration

A

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

112
Q

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

A

File for Decertification

113
Q

What is the Discipline process

A

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

114
Q

Features of Job Control Unionism

A

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

115
Q

What is the systems approach to Labour Relations

A

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

116
Q

Todays Unions are faced with issues related to

A

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

117
Q

What are the basis of the exclusions dictated by legislation that cannot be part of the union

A

Based on their access to confidential information- Payroll
Based on their decision making authority- managers
Based on their status in the company- independent contractors

118
Q

Requirements for a Strike or Lockout

A

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

119
Q

Define Industrial UNION

A

Labour Union composed of all workers in a given industry , regardless of skill, craft or occupation

120
Q

Are employers allowed to refer to past misconduct or misconduct of the employee that cam to light after the dismissal in the grievance process

A

No- they cannot only address the initial charge, BUT if they do find more misconduct they should alert the union right away

121
Q

How much of the Canadian Workforce is unionized

A

30%

122
Q

What Type of Worker is in a Labour Union

A

Unskilled workers- CUPE

123
Q

Disadvantages of the conciliation process

A

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

124
Q

What is industry Bargaining

A

is centralized bargaining structure in which one negotiation covers all employees in the industry

125
Q

Who can serve the notice to bargain

A

Either side but it is usually the Union

126
Q

Collective Agreement- Key Clauses/ Articles directed by legislation

A 
Recognition Provision
Provision against strikes & Lockouts
Deduction & remittance of Union Sues
Arbitration provision
Minimum term of 1 year
127
Q

What are the elements that make up the Environment in the open systems approach to labour relations

A

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

128
Q

Define Tayloristic Work Principles

A

Include the separation of management and work activities, increasing efficiency through specialization
referred ti as Job control Unionism

129
Q

What is the basis of Public Sector Unions decisions

A

Political

130
Q

Identify the types of grievances

A

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

131
Q

Identify the problems with Arbitration

A

Too legalistic
Expensive
slow

132
Q

What is price elasticity of demand

A

refers to how much a change in price effects the demand of the product

133
Q

Who sits on the Conciliation Board

A

Union Nominee, Employer Nominee and a neutral chairperson selected by the parties nominees

134
Q

What does a local union do

A

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

135
Q

What to keep in mind before going into negotiations

A

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

136
Q

Who administers the Federal legislation

A

Canada Industrial Relations Board

Interpret and administers legislation

137
Q

Define Employee Association

A

Promote the interest of the employee
not unions
are not certified but the Labour Relations board
do not have the right to strike

138
Q

Define Labour Relations Legislation

A

regulates the relationship between unions, employees and the employers

139
Q

What are the steps for certification

A

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

140
Q

Define Industrial RELATIONS

A

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

141
Q

What is the Public Sector Federal Legislation

A

Public Service Staff Relations Act

** some public servants are denied the right to strike because they are deemed essential service

142
Q

Define Mediator

A

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

143
Q

What type of discipline is the Employer expected to use with employees

A 
Progressive Discipline
Verbal Warning
Written Warning
Suspension
Longer Suspension
Demotion
Dismissal
144
Q

When can a Union Strike or Employer Lock out

A

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

145
Q

What is meant by Political Bottom line

A

Governments are not seeking profits but are seeking re-election- so it is political

146
Q

Identify the 5 Articles most commonly founding a collective agreement and their impact on HR activities

A

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

147
Q

What is Voluntary Recognition

A

The employer voluntarily recognizes the union as the bargaining agent

148
Q

What is the general purpose of LABOUR LEGISLATION

A

Outline the process for collective agreement negotiations

149
Q

What is Binding Arbitration

A

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

150
Q

Concession Bargaining is:

A

the negotiation over employers demands for reduction in wages and benefits

151
Q

What is conciliation

A

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

152
Q

What happens to the employees when a strike as ended

A

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

153
Q

Advantages of the conciliation Process

A

New perspectives

cooling off period -allows parties to reconsider their positions

154
Q

What is a representation vote

A

is a secret vote to determine if employees want a union to represent them

155
Q

Identify the distinct features of Public Sector Labour Relations

A

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

156
Q

Federal Employees are governed by the

A

Canada Labour Code part 5

157
Q

Define National Union

A

Members are in Canada

158
Q

Define a Lockout

A 
#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
159
Q

What can the Employer do during the organizing campaign

A

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

160
Q

What is an open period

A

is the time span within which a second union can apply for certification

161
Q

Obligations of the Employer and Union to Human rights in the administration of the agreement

A

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

162
Q

What is the Major federal law regulating labour relations

A

The Canada Labour Code

163
Q

What is Pattern bargaining

A

The union negotiated an agreement with one employer and then attempts to have it copied with other employers

164
Q

What is the framework of fairness agreement

A

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

165
Q

Collective bargaining is the entire relationship between a union and the employer, including the administration of the collective agreement
true or false

A

True

166
Q

What is a last chance agreement

A

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

167
Q

what is the purpose of the Duty to bargain in good faith

A

IS to ensure that the employer recognizes the union and to facilitate an agreement being reached with out a strike or lock out

168
Q

Under Canada’s political constitution, jurisdiction over labour matters are assigned to :

A

Federal and provincial governments

169
Q

When can an Arbitrator reduce a penalty

A

Only if the specific penalty for the misconduct hasn’t been outline collective agreement

170
Q

Factors that affect the interaction of labour and management

A

HR policies and practices, demographics

171
Q

What is secondary picketing

A

picketing at a place other than the location of the labour dispute

172
Q

What are unions directed by

A

Unions are directed by the WISHES of their membership

173
Q

***What are the Factors that affect or influence Labour Relations

A 
Legal
Political
Social,
Economy
Technology
174
Q

Main reason for joining a union is greater economic security

true or false

A

True

175
Q

what are nominal Wages

A

Wages that have not been adjusted for inflation

176
Q

Does the Union align itself with a specific political party

A

no

177
Q

General information about strikes in Canada

A

Higher rates than international standards
statistics are hard to compare as every country uses different definitions of strike activity
Canadian Strikes generally last longer

178
Q

Factors Arbitrators consider when reviewing discipline opposed by the Employer

A

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

179
Q

What is an example of breach of duty to bargain in good faith

A

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

180
Q

What is the method to determine if an individual is an employee;

A 
The four fold test
considering control
ownership of tools
opportunity for profit
risk of loss
181
Q

Who can commence an organizing campaign

A

Employee or Union officials-

Most are started by Employees

182
Q

Define a Strike

A

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

183
Q

What type of employees are in the public sector unions

A

Most likely white collar, professionals and female

184
Q

Affects of Unions on Investment

A

Investment- Unionized organization has overall negative effect on company investment

185
Q

What is Certification

A

It involves obtaining a certificate from the Labour Relations Board

186
Q

What does the Canada Industrial Relations Board do?

A

Administers Federal Legislation

187
Q

What is the Crowding effect

A

Downward pressure because of increased supply of employees in the labour market because Unionized employers reduced employment

188
Q

The ClC advocates with regard to the present political economic and social systems to the:

A

Federal government and labour relations legislation

189
Q

After the required number of membership cards are sign the union must

A

Apply to the appropriate Labour Relations board

190
Q

What is Super seniority-

A

a provision that specifies the union officers will be the last to be laid off

191
Q

Governments in both the provincial and federal jurisdiction use several methods to regulate labour outcomes
true or false

A

True

192
Q

What are the key processes of Labour Relations

A

Union Organizing
contract negotiations
Administration of the Collective agreement

193
Q

What term is used to describe the employee management employment relations in a NON-UNION company

A

Employee relations

194
Q

1/2 of all the Union Members are in the Public sector

True or False

A

True

195
Q

What is a significant component of Labour legislation

A

UNFAIR labour practices

196
Q

What does the Provincial Labour Federation do?

A

Provides a central resource for all unions in the provinces

Hears grievances from all parties

197
Q

Define NO-Board-Report

A

confirms that a conciliation board will not be appointed and begins the countdown to a strike or lockout

198
Q

What is a Business Agent

A

Regional representative assigned to assist the various local unions
Is a Paid Union representative
Participates in grievance process
spokesperson

199
Q

Is there legislation that prevents union organizing

A

no

200
Q

What is Culminating incident

A

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

201
Q

Who administers Federal Legislation

A

Canada Industrial Relations Board

202
Q

What is the purpose of the Labour relations board

A

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

203
Q

What is the effect of a Strike

A 
Affects the Employer operation
Apply pressure to accept union demands
demonstrate the Unions Strength
Create financial problems
public pressure for the Employer
204
Q

The collective bargaining process involves

A

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.

205
Q

What does the Union consider when they prepare their demands

A 
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
206
Q

Define a Labour Council

A

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

207
Q

What is Decentralized Bargaining

A

refers to negotiations between one employer and one union for one location

208
Q

What is a union

A

is an organization of employees that has the objective f improving the compensation and working conditions of employees

209
Q

Affects Unions have on Compensation

A

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

210
Q

Who typically engages in Unfair Labour Practices the most

A

The Employer

211
Q

Significance of Strikes

A 
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
212
Q

Are All cases Arbitrable? Why or Why not

A

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

213
Q

Define the Arbitration Process

A

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

214
Q

How does the Union impact Human Resources Management?

A

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

215
Q

Why do Employees join unions or unionize?

A 
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
216
Q

Define the Certification Process

A

is the way for the union to obtain bargaining rights for employees by applying to the Labour relations board

217
Q

Where is the period of notification stated

A

In the Collective Agreement

218
Q

Define Labour Relations Board

A

Is an Independent body responsible for the administration of labour relations legislation affecting employers, employees and unions in each jurisdiction

219
Q

Who do you report a breach of duty to bargain in good faith to

A

Labour Relations Board as it is an UNFAIR labour practice

220
Q

What does Labour legislation prohibit Employers and Unions from doing during the organizing and negotiation phase of the collective bargaining process

A

Unfair Labour Practices

221
Q

Define the process of Fact Finding

A

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

222
Q

Define Cooling off period

A

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

223
Q

What is the Chilling Effect

A

refers to parties unwillingness to make concessions during negotiations

224
Q

What is a trade Union

A

refers to an association of workers practicing a similar trade or employed in the same company or industry

225
Q

What is the grievance process

A 
#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
226
Q

When do Unfair Labour Practices typically occur

A

During Union organizing prior to the formation of the collective agreement

227
Q

When is a strike not legal

A

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

228
Q

What influences the power position of Unions and management

A

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

229
Q

What is INTEREST ARBITRATION

A

refers to the determination of the contract terms of a collective agreement- what the agreement should contain

230
Q

What are HR Function in Unionized Organizations

A

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

231
Q

If negotiations Fail what is the next step

A

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

232
Q

The industrial Relations framework Dunlop model includes the following

A

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

233
Q

What is work Stoppage?

A

General description describing a lockout or strike intended to avoid casting blame on either party

234
Q

What does the Labour Relations Board Do?

A

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

235
Q

Why is the the bargaining structure in Canada a decentralized structure

A

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

Labour Relations- Suffield and Gannon (1 decks)

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