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
The Bargaining Zone
the area/range in which the agreement is satisfactory to both parties - essentially the overlap area between walk away positions.
Collective Agreement Definition
written contract of employment covering a group of individuals represented by a trade union. it contains provisions that govern the terms and conditions of the employment relationship. (rights, privileges, duties of employer)
Four Collective Agreement Provisions
1 - rights and obligations of parties (purpose, definition, mgmt rights)
2 - conditions of employment (wages, hours, vacation)
3 - general work (layoff, transfers)
4 - work environment (discipline procedures, health and safety)
Management Rights
employers right to run the org as it was before unionization, except for changes triggered by the CA
Different Unionized Workplaces
Closed Shop, Open Shop, Union Shop, Agency Shop, Rand Formula
Closed Shop
employers required to hire and employ only members of a particular union
Open Shop
union membership is not a condition of employment
Union Shop
employer can hire employees who are not union members, but each employee in the bargaining unit must join the union
Agency Shop
all employees in the bargaining unit are required to pay union dues or equivalent amount, whether or not they choose to be in the union
Rand Formula
union dues are withheld from the pay of an employee, whether or not they belong to the union
Union Density
percentage of workers in a labour force who are union members
Yellow Dog Contract
former practice of requiring employees to sign a contract indicating they would not join a union this is illegal today
Whipsaw
union negotiating tactic that plays one employer off against another
Job Control
CA clause that limits job assignment freedom
Estoppel
when a clause in the CA is not upheld, can be claimed that the party it advantages has given up their right to that clause
Bumping
ability of a displaced worker to “bump” another worker with lower seniority from their job
Strike
legal work stoppage by employees
Wildcat Strike
an illegal work stoppage
Work to Rule
form of a strike resulting in reduction of productivity
Essential Service Agreement
restricts the ability to strike for workers whose absence may significantly impact public interest (ie. fire fighters)
Lock Out
legal work stoppage by the employer
Different Union Representatives
Business Agent, shop/union steward, chief steward
Business Agent
employed by union to represent their affairs, negotiate agreements and handle grievances
Shop/Union Steward
employed by the org and elected by their peers to be on site representation
Chief Steward
employers most senior shop steward
Grievance Definition
defined within the CA but is usually an alleged violation of the CA and claims for redress of any damages, provides opportunity to resolve dispute without work stoppage
Grievance Categories
Application grievance, Interpretation grievance
Application Grievance
parties agree on the meaning of the clause but not on its application
Interpretation Grievance
parties do not agree on the meaning of the clause
Types of Grievances
individual, group or policy
Individual Grievance
applies to one person
Group Grievance
of emoloyees that file the same grievance together
Policy Grievance
impacts the interpretation of a clause to the point it could impact everyone
Steps in the Grievance Process
1 - Present in writing to mgmt
2 - Present to more senior mgmt
3 - Present to more senior mgmt and union reps
4 - Scheduled for arbitration
Alternative Dispute Resolution
involves use of a third party to resolve complaints efficiently and avoid litigation
includes arbitration, mediation, conciliation, negotiation, ombudsperson
Rights Arbitration
when arbitration is used to settle a grievance
Arbitration
arbitrator performs similar to a judge or court by making a binding decision to resolve the dispute between parties - decision is legally binding
Mediation
active participation of a third party (arbitrator) who finds points of agreement on both sides to have a fair result, however is NOT legally binding
