McQuarrie Chapter 7- Defining and Commencing Collective Bargaining Flashcards
What cant happen when a union is in place?
1-on-1 bargainaing?
What commences immediately when a union is certified
Collective bargaining
Name some Union Security Clauses
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
What is the Structure of a collective bargain?
The # of locals, unions, employers, workplaces, industries represented in bargain situation
Whats the most common bargain Structure?
Single unit-Single employer
What is pattern bargaining/whipsawing? How do employer avoid it?
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
Wo participates in bargaining?
2 Teams: Employer and Union representatives
What can be bargained for?
Wages, benefits, hours of work, work cond’s, disciple and discharge etc
What is the Management Rights Clause?
A clause giving management certain rights relating to organizing and directing its workforce, even though no issue is prohibited from being bargained around.
What are some legislative guidelines?
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)
What happens if bargaining doesn’t commence in a timely fashion?
The union can be decertified
What are the two questions to ask when going into bargaining?
What outcomes does the team want to achieve?
Which of these outcomes are the most or least important?
What are some means of identifying and prioritizing goals in bargaining?
- Poll members
- Review past agrmnts
- -Examine other rltd agrmnts
- Examine past grievances and outcomes
- Look at external factors
What must happen to an agreement before it is enacted?
The whole membership must ratify it
How does bargaining start?
Exchange of proposals (no attachment of priority).
-May include very low priority proposals, or unfeasible ones
In what way are parties legally required to bargain?
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.
What has been found to be considered bargaining ‘in bad faith’?
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
What occurs in workplace during bargaining in good faith?
Existing workplace terms and conditions are under a freeze
