Labour Relations Flashcards
Industrial Relations
all employment issues and relationships that govern the workplace (ie employment contracts, conflict mgmt)
Employee Relations
the direct employer-employee relationship
Labour Relations
the relationship between a union or professional association representing the employees and their employer
Difference Between Dismissal of Non Union vs Union
Non Union dismissed without cause can lead to action under ESA or adjudication, resulting in best outcome of reasonable notice and/or money in lieu
Union dismissed without cause can seek redress, grievance/arbitration, substantial protection against arbitrary dismissal and bump others with less seniority
Employment Standards Act (ESA)
sets out the minimum standards for employment, with specific provisions such as minimum wage, hours of work and overtime, vacation and paid holidays, pregnancy/parental leave and or notice of termination
Ministry of Labour (MOL)
administers the ESA and its regulations, provides info and education to employers, investigates possible violations and resolves complaints
Human Rights Code (HRC)
prohibits actions that discriminate against people based on a protected ground in a protected social area
Protected Grounds in the HRC
age, colour, race, ethnic origin, family or marital status, gener identity, gender expression, sex or sexual orientation
Bona Fide Occupational Requirement (BFOR)
allows employers to legally discriminate
ie. physical strength for fire fighter, vision for pilot
Pay Equity
to try to close the part of the wage gap that results from gender discrimination in employer pay practices
Employment Equity Act
to ensure equitable participation in the labour force for four “designated” groups of people that are considered under-represented and therefore disadvantaged
Designated Groups in the Employment Equity Act
women, aboriginal peoples, persons with disabilities, members of visible minorities
Why Unionize?
collective voice, economic needs, dissatisfaction with management, social and leadership needs, politics or ideology
Responses to Unionization
Union Acceptance - accepts that they will be unionized
Union Resistance - active opposition
Union Substitution - eliminating employee desire by providing superior employment conditions
Union Removal - union busting leading to decertification
Certification Process
1 - contact between employee and union rep 2 - organize meeting 3 - formulate inhouse committee 4 - apply to Labour Relations Board 5 - recognition or employee vote 6 - contract negotiations
Collective Bargaining Definition
process where a union and an employer negotiate either a first collective agreement or the renewal of a previous collective agreement
normally look at wages, working conditions, grievance procedures, fringe benefits
Negotiation Process
once union has been certified, give employer written notice of desire to bargain.
union-management negotiations address a broad range of issues, and are statutorily regulated. they are conducted by reps of the parties who have final approval. the union-management relationships are long term
Different Collective Bargaining Styles
Distributive bargaining or positional bargaining
interest-based, integrative or mutual gains bargaining
Distributive Bargaining or Positional Bargaining
focuses’ on one’s position, compete over distribution of fixed resources, both strive for maximum personal gain, results in win/lose outcomes
Interest-Based, Integrative or Mutual Gains Bargaining
focus on each others interests, results in win/win outcomes, resolve issues through joint committee structure
Bargaining Influences
Attitudinal structuring, emergent relationship, intra-organizational bargaining, bargaining zone
Attitudinal Structuring
processes and interactions that lead to the attitudes one party has about the other. this process identifies mutual interest, distributive, and hybrid issues and negotate/deal with them separately, building trust and mutual respect between parties.
The Emergent Relationship
Conflict -> Aggression -> Accommodation ->Cooperation -> Collusion
Intra-Organizational Bargaining
bargaining spokespersons have to respond to two demands - those from across the table and those from their organization
