Labour Relations Flashcards
The basic minimum standards for all workplaces
ESA
fundamental rights such as freedom of association, freedom of peaceful assembly, freedom of thought are listed here
Charter of rights and freedoms
Webbs 3 methods used by unions to achive goals
method of mutual insurance, method of collective bargaining, method of legal enactment
4 functional types of unions
business (functional), friendly (health), revolutionary (take rights by force), predatory (union using e’e for money/power)
marx and angels say unions emerged as a symptom of
ongoing struggle, difference in social classes
A movement that occurred so canada could affiliate with international unions, very bad labour conditions were occurring
canadian labour movement
an act to protect unions from organizing, started in england
trades union act
The Wagner act created by Franklin Roosevelt in 1935 guaranteed
the right to organize, the right to collective bargaining, the right to strike w/out employer harassment
CLC
Canadian Labour Congress
rand formula
union dues automatically deducted from wages
NAFTA
protects basic standards of each company, lots of employers use
a local is
your local union
3 major functions of locals
workplace problems, social/political activity, collective bargaining
union rep in workplace
shop steward
factors that influence decision to support union
personal factors (parents, socio-economic status) workplace factors (compensation, dissatisfaction) societal factors (general attitudes towards unions/labour legislation
3 major components of application certification
- indication of sufficient membership support for application
- description of desired bargaining unit
- indication of the employer and trade union covered by the application
a bargaining unit
group of e’e represented in collective bargaining
need ____ of e’e in proposed bargaining unit who are members of union on application
40%
Exempt employees from unions
management, HR, CEO (anyone with access to confidential info/authority)
Application bar in ontario
12 months is application is withdrawn or if board dismisses application after representation vote fails (mandatory waiting period)
Remedy by the labour relations board for unfair labour practices
attempt to make whole the situation by putting parties into same situation as before the complaint. reimburse, reinstate e;e, reverse damages
most common bargaining structure
single union/single employer (single location)
employer’s bargaining team
hr director, financial officer, parent org rep, council rep, pro negotiator, researcher
good faith bargaining means
parties expected to enter into honest bargaining, with intention to create a collective agreement
pre-negotiation stage
each side determines priorities, goals and proposals for upcoming negotiations, common for sides to meet informally
establishing the negotiation / bergaining stage
first formal bargaining sessions with initial offers
crisis stage
one or both sides must settle or use economic sanctions (strike/lockout) to pressure other side to meet demands
ratification process
negotiating teams return to the constituencies they represent and present negotiated contract terms for approval
types of neutral third parties
conciliation, mediation, arbitration
most intensive third party
interest arbitration
first step when seeking a third party
conciliation
two types of final offer selection (arbitration)
item by item, total package
disputes over CA while it’s in effect, alleged violation of term/s
grievance
types of grievances
individual, group, continuing, policy
when does a grievance begin
when the effected party knows that the employer violates CA
procedural onus
party which bears responsibility for proving their case
standard of proof
to sufficiently prove in their favour, balance of probabilities
