Labour Relations Final Flashcards
Labour relations Definition
The study of all aspects of the union-management relationship including the establishment of union bargaining rights, the negotiation process, and the administration of a collective agreement
What does labour relations affect?
Terms and conditions of work, Employer costs and productivity, Non-union employees , Politics, Society and Economy, Customers
Employment Standards (ESA, Ontario)
Minimum terms, standards and practices of employment
Labour Relations (OLRA)
Governing relationships between unions and employers
Human Rights (OHRC)
Paramount law on discrimination, harassment, duty to accommodate
Everyone has the following fundamental freedoms under the Charter of freedoms
Freedom of conscience and religion
Freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication
Freedom of peaceful assembly
Freedom of association
Implications of the Charter of Rights and Freedoms
Under the Charter, labor continues to be a provincial responsibility
However, the Canadian constitution requires that all laws be consistent with the Charter (i.e., except for “reasonable” limits [e.g. mandatory retirement at age 65] and “notwithstanding” clause)
Expansion of human rights protection
Collective bargaining protected, HEALTH SERVICES case
Right to strike not protected
Duty to Accommodate
Obligation to ensure participation of individuals protected by human rights legislation, by taking measures short of undue hardship
Possible Measures To Accommodate
-Allowing a period of absence from work
-Changes in timekeeping or attendance requirements
-Changes in shifts or hours of work
-Reduced hours
-Modifications of job duties
-Changes in the design of the workplace
-Training to facilitate a move to another job
-Training of other employees
-Transfer to an alternative job
-Demotion to a lower job level
-Transfer of employee out of the bargaining unit
Factors Determining Undue Hardship
-Financial cost
-Size of the employer’s operations
-Interchangeability of the workforce and facilities
-Safety
-Provisions of any collective agreement
-The effect on employee morale
Bona Fide Occupational Qualification (BROQ or BFOR)
A discriminatory job requirement that is permitted if the employer establishes:
Qualification is rationally connected to the job
Adoption of qualification in good faith
Qualification is reasonably necessary and individuals cannot be accommodated
Winnipeg General Strike
-significant labor strike in Winnipeg, Manitoba, Canada, during the spring and summer of 1919
-pivotal event in Canadian labor history and had a profound impact on the development of labor rights and political dynamics in the country
-was prompted by a combination of factors, including poor working conditions, low wages, high inflation rates after World War I, and a desire for collective bargaining rights. The workers, represented by various unions, were seeking better wages, an eight-hour workday, and the right to negotiate working conditions
at its peak, the strike involved around 30,000 workers from various industries, including metal trades, construction, transportation, and public services. The workers were supported by a broad cross-section of the population, including women’s groups and students
Union Objectives
-Improving terms and conditions of work
-Protecting against arbitrary management action
-Providing conflict resolution and employee input/voice
-Pursuing social and economic change
Structure of the Canadian Labour Movement
Union Processes or Methods
-Organizing employees
-Contract negotiation (the primary method to improve
-employee’s terms and conditions of work)
-Strikes and boycotts
-Grievances and arbitration
-Court (legal) action
-Political activity
-Public relations
-Union-management collaboration
-Other unilateral action
The Local Union and the Parent Union
The constitution of the national or international union has implications and impact upon:
-Negotiation of collective agreements
-Administration of the collective agreement
-Collection and processing of union dues
-Education of members
-Community service
-Political action
-Operation of a hiring hall
-Organizing workers
Union Affiliation
-International (AFL-CIO)
-National (CLC)
-Provincial (NLFL)
Functions of National and International Unions
-Assisting locals with contract negotiation
-Assisting locals with grievances
-Providing education and training for union members
-Providing strike assistance to locals
-Engaging in political activity
-Organizing workers
Functions of the Canadian Labour Congress (CLC)
-Lobbying the federal government regarding employment and labour relations legislation
-Pursuing economic and social policy favourable to workers at the federal level
-Managing jurisdictional disputes between unions
-Enforcing the CLC code of ethics
-Education
-Maintaining links with labour movements in other countries
Functions of a Labour Council
-Political activity
-Training and education
-Community work
-Assisting locals on strike
Why Employees Join Unions
Employee dissatisfaction with the job or with the employer increases the desire for union representation
Seen as a way to remedy the sources of dissatisfaction through collective representation
Employees will join a union if the union is able to satisfy a utility function consisting of such economic concerns as wages and benefits
Why Employees May Not Unionize
-Union dues
-Political and social activities of unions
-Strikes
-Loyalty to the employer
-Conflict
-Merit
-Belief that unions protect lazy and incompetent employees
-Flexibility
-Employer retaliation
-Job loss
-Lack of opportunity to unionize
Policies and Practices for A High-Performance Organization
-High standards in recruiting and selection
-Job redesign – Meaningful work!
-Comparatively high compensation contingent on organizational performance
-Employment security
-Sharing of financial and performance information
-Minimum status differences
-Employee Involvement
-Dispute Resolution Systems
-Training and Skill Development
-Performance Expectations Emphasizing Continuous Improvement
Workplace Factors Affecting Unionization
-Compensation
-Fairness, Equity
-Job Security
-Working Conditions
-Workload
-Voice in Policymaking
-Inadequate Managers
-Complaint Mechanism
-Employer Policies
Labour Relations Boards
Independent body responsible for the administration of labour relations legislation
Quasi-judicial entity
Labour Relations Board - Responsibilities
Administering labour relations legislation in each jurisdiction:
-Processing union applications to represent employees, determines appropriate bargaining unit
-Processing applications to terminate union bargaining rights
-Hearing unfair labor practice complaints by unions, employers, and employees
-Hearing complaints and issuing declarations regarding unlawful strikes, lockouts, and picketing
-Resolving disputes arising under a collective agreement in some jurisdictions
-Dealing with arbitration of first contract disputes in some jurisdictions
Labour Relations Board – Procedures & Remedies
Applications to Board first met by Settlement Officer
Significant remedial power without further appeal (e.g. reinstate employees, order payment of damages)
Only judicial review can overturn LR Board ruling
Advantageous to labour relations
Quicker, faster and cheaper
Experts in labour relations
Contrast to U.S. system which is court-based
How Bargaining Rights Are Obtained
Voluntary recognition – Employer and union reach agreement to have union represent employees (uncommon)
Certification – Refers to a process (see next slides) and the end result of the process whereby employees elect to have a union represent them as a bargaining agent and Labour Relations Board issues a certificate to that effect
Employer Unfair Labour Practices at Certification
Labour relations legislation in most jurisdictions provides that employers cannot:
- Participate in or interfere with the formation, selection, or administration of a trade union or contribute financial or other support to a union
- Refuse to employ or discriminate regarding the terms of employment because of union membership
3.Impose a condition in a contract of employment that restrains an employee from becoming a member of a union - Threaten, intimidate, or coerce an employee to compel them to refrain from becoming a member or officer of a union
- Change the terms and conditions of employment during the certification process
- Take any action against an employee because the employee has exercised any of their rights under labour relations legislation
Application for Certification to Labor Relations Board
-Union files for certification of bargaining unit with LRB
-Employer notified
-Employer can reply to application, may challenge status of bargaining unit, timeliness, appropriateness
-If applicant qualifies as union, and application is timely, LRB can determine unit is appropriate by law
-LRB determines sufficient support (varies by jurisdiction – see Figure 6-3, e.g. ON. 40% support triggers vote)
-If issues/any dispute remains, hearing may be held by LRB
Application for Certification Requirements
Trade union status – Organization must be recognized as trade union, that is, has as one of its main purposes the regulation of relations between employers and employees
Application is timely – Within 30-90 days of vote
Bargaining unit is appropriate (see following slides)
Adequate employee support – Positive support through signing cards and vote
Permitted Employer Conduct During an Organizing Campaign
- Prohibiting entry into the workplace by persons who are not employees
- Prohibiting entry into the workplace by employees during the off hours
- Establishing rules that prevent solicitation of union membership during working hours
- Communicating with employees regarding unionization and employer practices, provided that such communication does not:
A) Threaten, intimidate, or coerce employees;
B) Involve promises or benefits linked to the defeat of the union
Distributive Bargaining
Distributive bargaining, also known as competitive or zero-sum bargaining, involves a fixed amount of resources or gains that need to be divided between parties. In this type of bargaining, one party’s gain is often directly linked to the other party’s loss. Negotiations tend to be more adversarial, as both parties aim to maximize their share of the available resources. Wages and benefits negotiations in labor relations often involve distributive bargaining.
Successor Rights
-Certification of union
-Existing collective agreement
Single sole
arbitrator
Multi-Employer Bargaining
Multi-employer bargaining occurs when a labor union negotiates with multiple employers simultaneously, typically within the same industry. This approach aims to establish consistent terms and conditions across multiple companies, ensuring fair treatment for workers across the board
Integrative Bargaining
Integrative bargaining, also known as cooperative or win-win bargaining, seeks to create solutions that benefit both parties involved. Instead of viewing the negotiation as a zero-sum game, integrative bargaining aims to find common ground and create value for all parties. This type of bargaining is characterized by a collaborative approach, where both parties work together to identify mutually beneficial solutions. It often involves a focus on long-term relationships and creative problem-solving
Concession Bargaining
Concession bargaining occurs when one party, usually the employees or their union, agrees to make certain concessions to the other party, often the employer, in order to maintain jobs, prevent layoffs, or address financial difficulties. Concessions could involve temporary wage freezes, reduced benefits, or changes to working conditions. This type of bargaining is more common during times of economic uncertainty or financial challenges
Pattern Bargaining
Pattern bargaining involves negotiating a labor contract based on a successful agreement reached in a similar industry or organization. If one union negotiates favorable terms, other unions in related fields may use those terms as a pattern for their own negotiations. This approach can help maintain wage and benefit parity across industries and regions
Interest-Based Bargaining
Interest-based bargaining (IBB), also known as principled or mutual gains bargaining, focuses on identifying the underlying interests, needs, and concerns of both parties. The goal is to address these interests and needs in a way that satisfies both sides. IBB encourages open communication, active listening, and brainstorming to find solutions that meet the core interests of both labor and management. This approach can lead to more sustainable and comprehensive agreements.
Policy Grievance
Allegation that either employer or employees have violated CBA, e.g., employer invokes policy that exceed management rights
Grievance Process & Time Limits
The process has time restrictions negotiated in the CBA to ensure conflicts are resolved without dragging on:
Time restrictions are either:
Mandatory: If time limits are not met grievance could be dismissed by arbitrator
Directory: A guide so failure to adhere to limits does not prohibit arbitration hearing
Grievance Process & Time Limits
The grievance process is dependent upon steps set out in CBA
The process usually involves griever contacting the union steward ( elected local onsite official) who explains/interprets and arranges meeting to settle
If no immediate settlement, the process escalates to arbitration (see 3 slides following), which, as required by labour relations legislation, is written into CBA as a mandatory process for dispute resolution
Group Grievance
CBA has been violated in manner that affects a group of employees, e.g., late posting a shift times or vacation schedule
Individual Grievance
Grievance– CBA has been violated in manner that affects an individual employee, e.g., refusal of promotion
Arbitration
Arbitration is a dispute resolution mechanism involving a hearing in front of a neutral adjudicator/decision maker; sometimes rights arbitration involving a solution to an outstanding grievance
Arbitration Board
Employer nominee, union nominee and neutral chairperson
Industrial dispute
A dispute arising in connection with the entering into, renewing, or revising of a collective agreement
Single arbitrator
List of potential arbitrators established in collective agreement
Single arbitrator
(or permanent umpire) appointed to hear all grievances for a specified period of time
Strike
A strike includes a cessation of work or a refusal to work or to continue to work by employees … and a slowdown of work or other concerted activity … that is designed to restrict or limit output
Lockout
The closing of a place of employment, a suspension of work by an employer or a refusal by an employer to continue to employ a number of their employees, done to compel their employees, or to aid another employer to compel that other employer’s employees, to agree to terms or conditions of employment
When Is a Dispute Arbitrable?
Issue must be covered in collective agreement
If not covered in CBA but seemingly harsh or unfair results as in Labour Relations Issue 10-2 and denial of retirement incentives, it is not arbitrable
Grievance process and reasonable time limits must have been respected
Work to rule
The strategy of employees who perform only to the minimum standard required
Wildcat strike
An illegal strike during the term of the collective agreement
Essential services agreements
When some workers must remain on the job during a strike to provide key services
When the Canadian dollar’s value rises, which of the options below is accurate?
Employment within the manufacturing sector will decline
Which of the following statements is accurate concerning Canada’s participation in national and international unions?
Certain Canadian divisions of international unions have disassociated from the international body due to policy disparities.
What factors among the options below contribute to a greater challenge for Canadian employers to resist unionization compared to the situation in the United States?
Arbitration for initial contract agreements
An organizing committee refers to:
A team of workers endeavoring to persuade their colleagues to join the union
For the Canadian Auto Workers union to obtain the authority to negotiate on behalf of workers employed by a nationwide courier firm, responsible for transporting goods across provincial boundaries and stationed at a depot in Nova Scotia, the union will need to submit an application to which of the following?
The Canada Industrial Relations Board
