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LR > Midterm Exam > Flashcards

Midterm Exam Flashcards

1
Q

Distinguish between Employee Relations, Industrial Relations, and Labour Relations.

A

Employee relations: between employers and individual employees, usually in non-union settings.
Industrial relations: the study of employment relationships and issues, often in unionized workplaces.
Labour relations: between groups of employees (usually in unions) and management.

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2
Q

What are non-unionized workplaces governed by?

A

Employment legislation
Individual contract
Common law

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3
Q

What are unionized workplaced governed by?

A

Employment legislation
Collective agreement
Grievance/arbitration process

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4
Q

When did unions start to organize in Canada?

A

Mid 1800s to early 1900s, when US unions started to organize in Canada (skilled workers).

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5
Q

What did the Industrial Disputes Investigation Act do, and when?

A

Made conciliation mandatory, in 1907.

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6
Q

When was the Winnipeg general strike?

A

1919.

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7
Q

What case established jurisdiction for labour matters?

A

Toronto Electric Power Commission v. Snyder

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8
Q

What is the other name for the National Labor Relations Act?

A

Wagner Act

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9
Q

What was the Privy Council Order 1003?

A

Provided collective bargaining rights for the private sector.

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10
Q

What was the Public Service Staff Relations Act?

A

Provided collective bargaining rights in the federal public service.

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11
Q

What are the four key elements of John Dunlop’s “Industrial Relations System Model” model?

A
  1. Set of actors
  2. Context of the system
  3. Ideology that binds the system
  4. Body of rules that govern the actors
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12
Q

Describe John Godard’s political economy perspective.

A

Broader issues in society, particularly the distribution of power.
Sees conflict as inherent between employers and employees.
Nature of employment contract leads to conflict.
Nature of one’s work is also a source of conflict.

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13
Q

What are the five elements of Alton Craig’s Open System industrial relations model?

A
  1. The environment
  2. The actors/parties
  3. The processes/activities
  4. The outputs/results
  5. The feedback of the first four elements
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14
Q

What are the minor parties involved in unions?

A

Conciliation officers and mediators.
Arbitrators.
Labour relations boards.
Think tanks.

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15
Q

What will unions seek in times of inflation?

A

Larger wage increases.

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16
Q

What will periods of economic growth prompt employers and unions to do?

A

Employers wish to avoid any interruptions of production.
Unions want higher wages. Period of economic growth have been associated with higher rates of union organization and a higher incidence of strikes.

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17
Q

What will unions and management ask for in economic downturns?

A

Unions will become more concerned with job security, increased severance, and notice of layoffs.
Management will negotiate to avoid wage increases and maybe even concessions.

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18
Q

What is fiscal policy?

A

Changes in government spending and taxation to regulate employment levels and inflation.

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19
Q

What is monetary policy?

A

Changes in interest rates to regulate employment levels and inflation.

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20
Q

What does an increase in demand for labour do?

A

Increases employment and wages.

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21
Q

What does an increase in supply of labour do?

A

Increases employment and reduces wages.

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22
Q

What is trade liberalization?

A

The trend toward international agreements that reduce tariff barriers between countries.

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23
Q

How has deregulation affected employers and unions?

A

It’s put more pressure on both, because of the increased efficiency and reduced costs required.

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24
Q

What is non-standard work?

A

Work other than traditional full-time work.

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25
Q

Why is it difficult to unionize part-time workers?

A

They’re usually less experienced.
They often work for smaller organizations where they have a stronger connection to the employer.
There is high turnover.

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26
Q

How can technology affect employers/unions?

A

For employers, technology can reduce jobs and lead to job changes that require fewer skills, so they’ll attempt to reclassify the jobs and reduce compensation.
For unions, technology can increase required skills, and they will ask for compensation increases. However, job reductioin is bad.
Information technology can be good or bad for both. For unions, work from home can make it difficult to organize.

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27
Q

What are the six factors determining undue hardship?

A
  1. Financial cost
  2. Size of employer’s operation
  3. Interchangeability of the workforce and facilities
  4. Safety
  5. Provisions of any collective agreement
  6. Effect on employee morale
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28
Q

What constitutes a BFOR?

A
  1. The employer adopted the standard for a purpose rationally connected to the performance of the job.
  2. The employer adopted the particular standard in an honest and good-faith belief that it was necessary to the fulfillment of that legitimate work-related purpose.
  3. The standard is reasonably necessary to the accomplishment of that legitimate work-related purpose.
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29
Q

What are the two core objectives of management in the private sector?

A
  1. Maximize profit
  2. Maintain control over the business
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30
Q

What are the three core objectives of management in the public or non-profit sector?

A
  1. Balance operating budgets
  2. Comply with government policy initiatives
  3. Meet demands for public services at reasonable costs
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31
Q

What are the eight factors that affect an employer’s approach to unions?

A
  1. Competitive strategy
  2. Union status of competitors
  3. Exerience with unionization
  4. Management values or ideologies
  5. Union philosphy or policy
  6. Union power and ability to oppose employer
  7. Types of employees
  8. Legal environment
32
Q

What are the five possible employer strategies to deal with unions?

A
  1. Union opposition (stay union-free)
  2. Union avoidance or substitution (be better than a union)
  3. Union acceptance
  4. Union resistance (limit the spread)
  5. Union removal
33
Q

What are the policies and practices involved in a HPWS?

A

High standards in recruiting and selecting
Job re-design
Comparatively high compensation contingent on organizational performance
Employment security
Sharing of financial and performance info with employees
Minimum status differences
Employee involvement
Dispute resolution systems
Training and skill development
Performance expectations emphasizing continuous quality improvement

34
Q

What are best practices for improving employee communications?

A
  1. Conduct a communications audit
  2. Create well-designed outlets for employees to communicate suggestions and concerns to management
  3. Have leaders interact with employees at all levels of the organization
35
Q

What are some forms of employee involvement?

A

Quality circles
Problem-solving groups
Employee-management committees
Self-directed teams or self-managing work teams
Co-determination

36
Q

What are the four main objectives of Unions?

A
  1. Improving terms and conditions of work for their members
  2. Protecting employees against arbitrary management actions
  3. Providing a process for conflict resolution and employee input
  4. Pursuing economic and social change
37
Q

What is the name for the percentage of employees who are covered by a collective agreement, whether or not they are actually in a union?

A

Union coverage.

38
Q

In which industries are union density high?

A

Utilities, public admin, education, and healthcare.

39
Q

In which industries are union density low?

A

Banking/finance, and accomodation/food.

40
Q

What is right-to-work legislation?

A

Employees who work at a unionized workplace and do not support the union or do not want to be part of the union can opt out of paying dues.

41
Q

What are Union processes or methods (9)?

A
  1. Organizing employees
  2. Contract negotiation
  3. Strikes and boycotts
  4. Grievances and arbitration
  5. Court (legal) action
  6. Political activity
  7. Public relations
  8. Union-management collaboration
  9. Other unilateral action
42
Q

What are some reasons for the difference in union density in Canada and the USA?

A

The existence of a “labour party” (the NDP) in Canada.
Right-to-work legislation in the US, and labour relations legislation being enforced more quickly and strictly in Canada.
Legislation granting bargaining rights to public-sector employees is more favourable.
Employers actively oppose unionization more in the US.

43
Q

What is the name for an administrative unit of a national or international union organization?

A

A union local.

44
Q

What is an amalgamated or composit local?

A

A union local with members who work for different employers in a municipality.

45
Q

What is a business agent?

A

A staff person who works for one or more locals providing expertise and support.

46
Q

What are the nine key functions of a union local?

A
  1. Adminstration of the collective agreement.
  2. Collection and processing of union dues.
  3. Representation at grievances and arbitration.
  4. Collective bargaining on local issues.
  5. Training and education of members.
  6. Community service.
  7. Political action.
  8. Operation of a hiring hall.
  9. Organizing workers.
47
Q

What is an independent local union?

A

A union that is not affiliated with a parent national or international union.

48
Q

What are some illegal union opposition/avoidance techniques?

A

Avoiding selection of union supporters, transferring union supporters, dismissing employees.

49
Q

What are some legal union opposition techniques?

A

Frustrating employees in the court precedings so they get fed up with the unions. Challenging unionization in the court. Providing higher wages.

50
Q

What is a convention?

A

A general meeting typically held every 1-2 years, to which union locals are entitled to send member delegates. The supreme governing mechanism of the union.

51
Q

What is it called when a national/international union takes control of the local’s affairs if it fails to comply with the union’s constitution, directives, or financial affairs?

A

Trusteeship.

52
Q

What are the key functions of National/International unions?

A
  1. Assisting locals with contract negotiation.
  2. Assisting locals with grievances.
  3. Providing education and training for union members.
  4. Providing strike assistance to locals.
  5. Engaging in political activity.
  6. Organizing workers.
53
Q

What is a labour federation or labour congress?

A

An association of unions.

54
Q

What do provincial labour federations do?

A

Lobbying the provincial governments regarding employment and labour relations legislation; pursuing provincial economic and social policy favourable to workers; conducting research related to workplace issues; educating members; and supporting unions on strike.

55
Q

What is a directly chartered union?

A

A local union that receives a charter from a labour congress and is not affiliated with a national or international union.

56
Q

What are the functions of the CLC?

A
  1. Lobbying the federal government regarding employment and labour relations legislation.
  2. Pursuing economic and social policy favourable to workers at the federal level.
  3. Managing jurisdictional disputes between unions.
  4. Enforcing the CLC code of ethics.
  5. Education.
  6. Research and analysis.
  7. Maintaining links with labour movements in other countries.
57
Q

What is raiding?

A

A union persuading members of another union to change unions.

58
Q

What is a labour council?

A

An association of unions in a municipality or region.

59
Q

What are some reasons employees unionize?

A

Poor supervision.
Compensation.
Perceived fairness/equity.
Job security.
Working conditions.
Workload.
Input in company policy making.
Ineffective complaint processes.
Substitution avoidance strategies.
Economic factors.
Other external factors.
Individual and social attitudes towards unions.

60
Q

Define instrumentality.

A

The perception that a union will be able to successfully help employees achieve desired terms and conditions in the workplace.

61
Q

What are some reasons employees do not join unions?

A

Union dues.
Political and social activities of unions.
Strikes.
Loyalty to the employer.
Conflict.
Merit.
Perception of union member work habits and attitudes.
Flexibility.
Employee retaliation.
Job loss.
Lack of opportunity to unionize.

62
Q

What are the two ways a union can obtain bargaining rights?

A
  1. Being voluntarily recognized by the employer.
  2. Applying to a Labour Relations Board and obtaining a certificate that grants the union the right to serve as the exclusive bargaining agent for employees.
63
Q

What is a voluntary recognition agreement?

A

An agreement between a union and an employer providing that the employer recognizes the union as the bargaining agent for a group of employees.

64
Q

What is the certification process?

A

A way for a union to obtain bargaining rights for employees by applying to a Labour Relations Board.

65
Q

What will the union have to establish when it applies to the Board? (4)

A
  1. It is a trade union as defined in labour relations legislation.
  2. The application is timely.
  3. The group of employees specified in the application is an appropriate bargaining unit.
  4. The union has adequate support of employees in the proposed unit.
66
Q

Describe the Certification Process (6).

A
  1. The union files an application for certification for a unit of employees. The evidence is gathered and also submitted.
  2. The employer is notified and the Board requires the employer to post a notice to employees.
  3. The employer is required/allowed to reply to the application. Here they can challenge an aspect of the application.
  4. If the applicant qualifies, the Board determines an appropriate bargaining unit.
  5. Depending on the jurisdiction, the Board determines if the applicant has sufficient support for certification on the basis of the membership cards filed or by holidng a representation vote.
  6. If there are any issues, a hearing will be held by the Board.
  7. Filing.
  8. Notification and posting.
  9. Reply.
  10. Qualification and modification of unit.
  11. Cards counted/vote.
  12. Hearing (if necessary).
67
Q

What is the fourfold test?

A

Determines if an individual is an employee by considering control, ownership of tools, opportunity for profit, and risk of loss.

68
Q

How might someone be determined to be a manager?

A

The authority to hire, discipline, terminate, or determine the compensation of other employees. In some jurisdictions, if they are involved in independent decision making and have authority over matters of policy or the direction of the organization, even though they do not have anyone reporting to them.

69
Q

What is the name for the time span within which a second union can apply for certification?

A

An open period.

70
Q

Define Community of Interest.

A

Refers to the common characteristics regarding terms and conditions of work and the relationship to the employer for those in a proposed bargaining unit.

71
Q

How is a community of interest determined? (4)

A

Similarity in skills, duties, and working conditions of employees.
Structure of the employer.
Integration of the employees involved.
Location or proximity of employees.

72
Q

Define “unfair labour practice”.

A

A contravention of labour relations legislation by an employer, union, or employee.

73
Q

What are the two broad categories of unfair labour practice behaviour by employers?

A
  1. Threats, intimidation, and coercion.
  2. Interference or influence.
74
Q

What are 6 Employer Unfair Labour Practices?

A
  1. Participate in or interfere with the formation, selection, or administration of a trade union or contribute financial or other support ot a union.
  2. 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.
  4. Threaten, intimidate, or coerce an employee to compel him or her to become or refrain from becoming a member or officer of a union.
  5. Change the terms and conditions of employment during the certification process.
  6. Take any action against an employee because the employee has exercised any of his or her rights under labour relations legislation.
75
Q

What are some permitted employer conduct during an organizing campaign?

A
  1. Prohibiting entry into the workplace by persons who are not employees.
  2. Prohibiting entry into the workplace by employees during their off hours.
  3. Establishing rules that prevent solicitation of union membership during working hours.
  4. Communicating with employees regarding unionization and employer practices, provided that such communication does not threaten, intimidate, or coerce employees, or involve promises or benefits linked to the defeat of the union.
  5. Changing working conditions and practices prior to the start of the statuatory freeze, provided that such changes are not an attempt to influence employees.
  6. Changing working conditions and practices during the satuatory freeze, provided that any such changes are part of business as usual, or have the required approval.
  7. Responding to union claims, provided that the response does not threaten, etc.
76
Q

What are the two possible unfair labour practices unions must avoid at certification?

A
  1. Intimidation, threats, or coercion to compel a person to become or cease to be a member of a trade union.
  2. Solicitation of union support during work hours.
77
Q

Define successor rights.

A

They protect the rights of the union and any collective agreement if a business is sold.

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