Labour Relations - Definitions Flashcards
1
Q
Industrial Relations
A
A broad interdisciplinary field of study and practice that encompasses all aspects of the employment relationship
2
Q
Labour Relations
A
All aspects of the union–management relationship, including the establishment of union bargaining rights, the negotiation process and the administration of a collective agreement
3
Q
Constructive Dismissal
A
A rule of employment law dealing with situations where the employer makes a fundamental breach of an employment contract that entitles the employee to consider herself dismissed and to sue the employer for wrongful dismissal.
Constructive dismissal does not apply to unionized employees.
The employer can make changes in the terms and conditions of employment that are provided for in the collective agreement
4
Q
Craft Union
A
Organized members of a trade or occupation. Membership is limited to a particular trade/occupation
5
Q
Industrial Union
A
Organized workers in different occupations in a firm
6
Q
Business Unionism
A
This focuses on the improvement of the terms of employment through negotiation with the employer
7
Q
Social Unionism
A
This is concerned with improving the compensation and working conditions of bargaining unit members, while also seeking broader economic and social change
8
Q
Macroeconomic Environment
A
The growth rate, unemployment rate and the rate of inflation in the economy.
9
Q
Non-Standard Work
A
Employment in other than traditional full-time work—for example, part-time and temporary work
10
Q
Labour Relations Strategy
A
How an employer deals with the unionization of its employees
11
Q
Union Opposition
A
The strategy used when the employer has no unionized employees and wants it to stay that way (1/5 Employer Strategies)
12
Q
Union Avoidance or Substitution
A
A strategy aimed at preventing unionization using legal means to convince employees they do not need a union (1/5 Employer Strategies)
13
Q
Union Acceptance
A
A strategy in which the employer remains neutral in an organizing attempt, and if the attempt is successful tries to negotiate the best deal with the union. (1/5 Employer Strategies)
14
Q
Union Resistance
A
A strategy in which the employer attempts to limit the further spread of unionization in the organization. (1/5 Employer Strategies)
15
Q
Union Removal
A
a strategy in which the employer attempts to rid itself of any union. (1/5 Employer Strategies)
16
Q
Employee Involvement Group
A
is a group of employees who meet to resolve problems or offer suggestions for organizational improvement. A part of an employers employee relations program
17
Q
Union Density
A
The percentage of non-agricultural workers who are union members
18
Q
Union Coverage
A
The percentage of employees covered by a collective agreement, including those who do not become union members
19
Q
Union Local
A
An administrative unit of a national or international parent union
20
Q
Business Agent
A
A staff person who works for one or more locals providing expertise and support including handling grievances, assisting with contract negotiations and providing other administrative or consulting services
21
Q
Independent Local Unions
A
Unions not affiliated with a parent national or international union
22
Q
Parent Union
A
A generic term referring to the central or head office of a national or international union
23
Q
National Union
A
A union whose membership is situated only in Canada
24
Q
International Union
A
A union that has members in two or more countries with the parent union headquarters located in one country
25
Trusteeship
A parent union temporarily taking direct control of one of its union locals
26
Labour Federation/Labour Congress
An association of unions
27
Directly Chartered Union
A union that receives a charter from a labour congress and is not affiliated with a national or international union
28
Raiding
When one union persuades members of another union to change unions
29
Labour Council
An association of unions in a municipality/region
30
Labour Relations Board
An independent body responsible for the administration of labour relations legislation affecting employers, employees and unions in each jurisdiction
31
Interest Arbitration
When arbitrators settle certain terms of the collective agreement when the management and union representatives are not able to successfully negotiate a contract
32
Rights Arbitration
When a union and an employer have a dispute about the interpretation, application or administration of an existing collective agreement
33
Voluntary Recognition Agreement
An agreement between a union and an employer providing that the employer recognizes the union as the bargaining agent for employees
34
Union Certification Process
A way for a union to obtain bargaining rights for employees by applying to a Labour Relations Board
35
Union Organizer
A member of union staff who directs an organizing campaign.
36
Organizing Committee
A group of employees who work on the campaign to sign up union members
37
Fourfold Test
a test used to determine if an individual is an employee by considering control, ownership of tools, opportunity for profit and risk of loss
38
Open Period
The time span within which a second union can apply for certification. This time frame provides the employer with a stoppage in union certification drives until near the end of the collective agreement, typically the last three months of the current contract
39
Community of Interest
It is the common characteristics regarding terms and conditions of work and the relationship to the employer for those in a proposed bargaining unit. A key determinant of whether jobs or classifications should be included in the union.
40
Representation Vote
A secret ballot vote conducted by the Labour Relations Board to determine if employees want a union to represent them
41
Statutory Freeze
A period when the employer is prohibited from making changes in the terms of employment unless the change is carrying on a “business as usual” basis
42
Making Whole
A remedy for unfair labour practices. It attempts to put the innocent party in the position they would have been in if the legislation had not been violated
43
Successor Rights
Protect the rights of the union and any collective agreement if a business is sold
44
Collective Agreement
A formal agreement between an employer and the union representing a group of employees regarding terms and conditions of employment.
45
Articles
The terms or clauses in a collective agreement
46
Mandatory Terms (in a collective agreement)
Provisions that must be included in the collective agreement because they are required by law
47
Union Recognition
A required article in a collective agreement stating that the employer recognizes the union as the sole bargaining agent for a specified group of employees. Also called a "Scope Clause"
48
Grievance
An allegation that the collective agreement or an employment statute has been violated, together with the remedy that is claimed to rectify the situation
49
Individual Grievance
An allegation by an employee that the employer has violated the collective agreement or statute and that includes a statement of the remedy sought by the employee
50
Group Grievance
An allegation by a number of employees that the employer has violated the collective agreement or a statute in the same manner for all the employees affected and a statement of the remedy sought
51
Policy Grievance
A complaint by the union that an action of management (or its failure or refusal to act) is a violation of the agreement that could affect all who are covered by the agreement.
52
Mandatory Time Limit (Grievance Process)
Time limits that must be met in the grievance process
53
Directory Time Limit (Grievance Process)
Time limits that are guides. The grievance will be allowed to proceed even if the time limit is not met
54
Arbitration
A dispute resolution method in which management and union representatives present evidence and arguments to a third party who makes a final, binding decision
55
Expedited Arbitration
An alternative arbitration process that provides for a faster result
56
Strike
The refusal to work or the restriction of output by unionized employees
57
Lockout
An employer’s refusal to allow unionized employees to work in order to force the union to agree to certain terms of employment
58
Voluntary Terms
Articles that the union and management agree to include in collective agreements even though not required by legislation
59
Management Rights
An article providing that management retains the authority to manage the organization, except as otherwise provided in the collective agreement.
60
Reserved/Residual Rights
A theory that the employer has all rights to manage the organization except as expressly restricted by the collective agreement
61
Union Security (In Collective Bargaining)
Measures taken by the union in collective bargaining to help “secure” the ongoing presence and influence of the bargaining agent in a unionized work setting
62
Rand Formula (in an Agency Shop)
A collective agreement term requiring the deduction of union dues from all employees in the bargaining unit, even for those employees who decide not to formally join the union
63
Closed Shop
A place of work in which an individual must be a union member before being hired
64
Union Shop
A place of work in which new employees do not have to be union members to be hired but must become union members within a specified number of days.
65
Modified Union Shop
A place of work in which non-union employees already employed do not have to join the union, but all new employees must join, and those already members must remain in the union.
66
Maintenance of Membership
A type of union security in which employees are not required to join the union as a condition of employment, but all workers who voluntarily join must maintain their membership for the duration of the agreement as a condition of employment.
67
Open Shop
A place of work in which union membership is not required for an individual to obtain a job or continue employment
68
Super Seniority
A provision that specified union officers will be the last to be laid off
69
Recall Period
The length of time an employee on layoff is entitled to reclaim their job
70
Deemed Termination Provision
If an employee is absent for a specified length of time, he or she is automatically dismissed
71
Bumping/Bumping Rights
An employee who would otherwise be laid off displacing another employee with less seniority.
72
Sufficient Ability Clause
A provision that the employee with the most seniority is awarded a job provided he or she has enough ability
73
Relative Ability Clause
A provision that seniority will only be referred to if the skill and ability of two employees competing for a job are relatively equal
74
Sunset Clause
Language in a collective agreement that effectively removes from the employee’s record previous discipline after a certain period of time or a length of time in which the employee has been “discipline-free.”
75
Prohibited Terms
Articles that cannot be included in a collective agreement as such language is contrary to legislation governing the workplace(s) located in the jurisdiction(s)
76
Bargaining Structure
The number of unions, employers and locations or establishments involved in contract negotiations
77
Centralized Bargaining
Negotiations that cover more than one location, bargaining unit or employer
78
Industry Bargaining
A centralized bargaining structure in which one negotiation covers all employees in an industry
79
Decentralized Bargaining
negotiations between one employer and one union for one location
80
Whipsawing
A union negotiating with several employers might reach a settlement with one of them (likely the one it can get the best deal) and then use this as leverage to get the remaining employer(s) to agree to similar or better terms
81
Pattern Bargaining
Where a union negotiates an agreement with one employer and then attempts to have it copied with other employers
82
Intra-Organizational Bargaining
Activities within the employer or union organizations to build consensus on key issues
83
Distributive Bargaining
Activities and behaviours that in many cultures are commonly associated with negotiations. One side wins, and another side loses
84
Integrative Bargaining
A form of negotiation or activity in which the parties’ objectives are not in fundamental conflict and there is a possibility of a win-win situation
85
Attitudinal Structuring
Refers to the relationship the parties have and what they do to change their relationship
86
Caucuses
Separate meetings of members of the union or management bargaining teams used to discuss strategy or decisions related to negotiations.
87
Hard Bargaining
A legitimate attempt to obtain a favourable agreement
88
Surface Bargaining
Bargaining aimed at avoiding an agreement
89
First Contract Negotiation
When a neutral arbitrator or the Labour Relations Board will hear representations from the union and the employer and then determine the contents of the first agreement
90
Resistance Point (in Negotiations)
A negotiating party’s bottom line—the least favourable offer it will accept.
91
Target Point (in Negotiations)
The result a negotiating party hopes to achieve
92
Initial Position
A Party's first offer/demand in negotiations
93
Final Offer Vote
a vote by employees on an offer made by the employer
94
Ratification Vote
When employees approve or reject an agreement that has been negotiated by the parties.
95
Interest-based Bargaining
An approach to negotiations in which the parties use problem solving and attempt to find a settlement that produces gains for both
96
Stirke
The temporary refusal by bargaining unit members to continue working for the employer
97
Work-to-Rule
A campaign that is a work slowdown carried out by strictly adhering to work rules and the collective agreement
98
Rotating Strike
When employees at different locations alternately stop working
99
Wildcat Strike
An illegal strike that has not been authorized by the union
100
Hot Cargo Clause
Allows employees to refuse to work with goods associated with an employer engaged in a labour dispute
101
Strike Pay
Money paid by the union to members participating in picketing or other strike-related duties
102
Secondary Picketing
Picketing at a location other than the workplace of striking employees
103
Conciliation Officers
Government ministry employees who attempt to assist the parties to reach an agreement on the unresolved issues in collective bargaining.
104
Conciliation Board
A three-person panel that hears the bargaining positions of the parties on unresolved items to be dealt with in collective bargaining and then makes recommendations for a settlement. It consists of a union nominee, an employer nominee and a neutral chairperson selected by the parties’ nominees
105
Cooling Off Period
The time the parties must wait after conciliation before they can strike or lockout
106
No-Board Report
Confirms that a conciliation board will not be appointed and begins the countdown to when a strike or lockout may commence
107
Chilling Effect
A parties’ unwillingness to make concessions during negotiation.
108
Narcotic Effect
The parties losing the capability to negotiate their own agreement
109
Final Offer Selection
A type of interest arbitration in which the arbitrator chooses between the union’s and employer’s offers
110
Total-Package Final Offer Selection
The arbitrator selects all of the union’s or the employer’s offer.
111
Item-by-item final offer selection
The arbitrator chooses between the union and the employer offers separately for each contract issue
112
Mediation-Arbitration
The individual assisting the parties first tries—as a mediator—to help them reach their own agreement. If a settlement is not reached, the same person then acts as an arbitrator and decides the terms of the collective agreement.
113
Back-to-Work Legislation
A special statute that ends a strike or lockout and usually imposes interest arbitration to settle all unresolved bargaining issues between the parties
114
Estoppel
A legal concept providing that if a party makes a representation that an issue will be dealt with in a manner different from the provisions of the collective agreement, it will not be able to later insist upon the collective agreement being enforced as written
115
Constructive Layoff
The reduction of hours for only some employees
116
"Obey now, grieve later"
a rule that summarizes the requirement that employees must obey management instructions and then file a grievance at a later time (unless illegal/unsafe)
117
Grievance Rate
The number of grievances filed divided by the number of employees in the bargaining unit.
118
Ownership of Grievance
The issue of who decides whether a grievance is filed, settled, withdrawn or referred to arbitration
119
Without Prejudice (Documents)
A label identifying documents that cannot be referred to at a subsequent arbitration hearing
120
Waiver
A legal concept meaning acceptance of the rule that if a party does not object to a procedural error it cannot raise the issue later.
121
Minutes of settlement (Memorandum of Settlement)
A document that sets out the terms of an agreement to resolve a grievance
122
Without Precedent
A basis for settlement that means it cannot be referred to in any subsequent proceedings
123
Agreed Statement of Facts
Sets out the matters that the parties have agreed upon
124
Argument in the Alternative
A party making an argument it wishes the arbitrator to accept if its primary argument is not accepted
125
Arbitrability
whether an arbitrator has authority to hear a dispute. It is "Inarbitrable" if they do not.
126
Grievance Mediation
A confidential process in which a mediator helps the parties negotiate a settlement to a grievance
127
Last Chance Agreement
An employee guilty of misconduct will be retained or reinstated subject to conditions being met and will be discharged if the agreement is breached
128
Duty of Fair Representation
Prohibits the union from acting in a manner that is arbitrary, discriminatory or in bad faith.
129
Replication Principle
A fundamental feature of interest arbitration, holds that an arbitration award should as much as possible reflect the agreement that the parties would have reached had they been able to do so in negotiations
130
Designated/Controlled Strike Model
A model that allows employees the right to strike, but a specified number of employees must continue working to provide essential public services
131
Authorization Card
A document signed by an employee that authorizes a union to negotiate employment terms and conditions on behalf of the employee
132
Escalator Clause
A protection against inflation that automatically raises wages based on the annual averages of the Consumer Price Index
133
Shop Steward
An employee of an organization or company who represents and defends the interests of their fellow employees as a labor union member and official.
