McQuarrie Chapter 7- Defining and Commencing Collective Bargaining

Question 1

What cant happen when a union is in place?

Answer 1

1-on-1 bargainaing?

Question 2

What commences immediately when a union is certified

Answer 2

Collective bargaining

Question 3

Name some Union Security Clauses

Answer 3

Dues Check Off (Rand Formula): All employees have fees deducted from wages bc all employees benefit from union even if they dont want it

Closed shop/union shop: All employees must be members

Hiring Hall: Union matches members with employers

Union expulsion: If an employee is expelled from union, the employer may terminate employment

Question 4

What is the Structure of a collective bargain?

Answer 4

The # of locals, unions, employers, workplaces, industries represented in bargain situation

Question 5

Whats the most common bargain Structure?

Answer 5

Single unit-Single employer

Question 6

What is pattern bargaining/whipsawing? How do employer avoid it?

Answer 6

It is when one union successfully bargains for some unique benefit, and other unions use them as precedent to demand the same from their employer. Prevented by employers bargaining as a collective unit

Question 7

Wo participates in bargaining?

Answer 7

2 Teams: Employer and Union representatives

Question 8

What can be bargained for?

Answer 8

Wages, benefits, hours of work, work cond’s, disciple and discharge etc

Question 9

What is the Management Rights Clause?

Answer 9

A clause giving management certain rights relating to organizing and directing its workforce, even though no issue is prohibited from being bargained around.

Question 10

What are some legislative guidelines?

Answer 10

Agreements must last for minimum 1 year

Agreements must follow minimum employment stds

Agreements cannot discriminate

Agreements must contain grievance procedures(mechanism to resolve disputes)

Question 11

What happens if bargaining doesn’t commence in a timely fashion?

Answer 11

The union can be decertified

Question 12

What are the two questions to ask when going into bargaining?

Answer 12

What outcomes does the team want to achieve?

Which of these outcomes are the most or least important?

Question 13

What are some means of identifying and prioritizing goals in bargaining?

Answer 13

• Poll members
• Review past agrmnts
• -Examine other rltd agrmnts
• Examine past grievances and outcomes
• Look at external factors

Question 14

What must happen to an agreement before it is enacted?

Answer 14

The whole membership must ratify it

Question 15

How does bargaining start?

Answer 15

Exchange of proposals (no attachment of priority).

-May include very low priority proposals, or unfeasible ones

Question 16

In what way are parties legally required to bargain?

Answer 16

To bargain ‘in good faith’

• Bargain honestly
• Bargain with the intention of concluding an agreement
• Does NOT require that agrmnt be reached
• Parties not expected to ‘give in’ just to agree

Complaints of bad faith bargaining can be made by either party at any time.

Question 17

What has been found to be considered bargaining ‘in bad faith’?

Answer 17

Surface bargaining: negotiating with no intention to conclude with an agreement

Boulwarism: Presenting initial offer as final offer without justification and refusing to negotiate further

• Firing/disciplining negotiators from work for no reason during negotiation process
• Refusing to provide rationale for bargaining position
• Attempting to renegotiate terms that have been settled

Question 18

What occurs in workplace during bargaining in good faith?

Answer 18

Existing workplace terms and conditions are under a freeze