module 10-12

Question 1

attitudinal structuring

Answer 1

refers to the relationship the parties have and what they do to change their relationship

Question 2

bargaining structure

Answer 2

refers to the number of unions, employers and locations or establishments involved in contract negotiations. It has been referred to as dealing with the issue of “who bargains with whom.”

Question 3

Caucuses

Answer 3

Separate meetings of members of the union or management bargaining teams used to discuss strategy or decisions related to negotiations

Question 4

centralized bargaining

Answer 4

refers to contract negotiations that involve one or more of the following: multiple employers instead of a single employer; multiple establishments instead of a single establishment; and multiple unions instead of a single union

Question 5

decentralized bargaining

Answer 5

a more common form of negotiations involving one employer and one union representing employees at one location.

Question 6

distributive bargaining

Answer 6

Negotiation activity whereby limited resources are divided between the parties
It is used where resources are limited and there is a resulting conflict between the parties

Question 7

duty to bargain in good faith

Answer 7

Means that both the union and the employer must make reasonable efforts to reach agreement

Question 8

final offer vote

Answer 8

A vote by employees on an offer made by the employer

Question 9

first contract arbitration

Answer 9

means that 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

Question 10

hard bargaining

Answer 10

Legitimate attempt to obtain a favourable agreement

Question 11

industry bargaining

Answer 11

a structure in which multiple employers, with multiple locations, bargain with a single union.

Question 12

initial position

Answer 12

A party’s first offer or demand in negotiations

Question 13

integrative bargaining

Answer 13

refers to 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

Question 14

interest-based bargaining

Answer 14

is an approach to negotiations in which the parties use problem-solving and attempt to find a settlement that produces gains for both

Question 15

intra-organizational bargaining

Answer 15

refers to activities within the employer or union organizations to build an internal consensus key issues.

Question 16

monetary issues

Answer 16

relating to wages, benefits, vacations, etc.—are matters that involve a financial cost.

Question 17

non-monetary issues

Answer 17

items that do not involve a direct financial cost, such as the number of days to file a grievance—are usually addressed before monetary issues.

Question 18

pattern bargaining

Answer 18

Occurs when a union negotiates an agreement with one employer and then attempts to have it copied with other related employers

Question 19

ratification vote

Answer 19

One in which employees approve or reject an agreement that has been negotiated by the parties
is a supervised vote required by legislation in British Columbia, Manitoba, Ontario and Quebec in which employees in the bargaining unit approve or reject a negotiated agreement

Question 20

resistance point

Answer 20

is the party’s “bottom line”—the point it will refuse to go below

Question 21

surface bargaining

Answer 21

Bargaining aimed at avoiding an agreement

Question 22

target point

Answer 22

is the result a party hopes to obtain

Question 23

Whipsawing

Answer 23

Involves establishing an agreement with one party and then using the agreement to pressure others

Question 24

Arbitration

Answer 24

A dispute resolution method in which management and union representatives present evidence and arguments to a third party

Question 25

back-to-work legislation

Answer 25

refers to a special statute passed by a government legislature to end a strike or lockout. It orders the strike or lockout to end, and usually provides for the terms of a new agreement to be determined by interest arbitration

Question 26

chilling effect

Answer 26

Refers to parties unwillingness to make concessions during negotiation
meaning the parties may be discouraged from making concessions that might lead to an agreement.

Question 27

conciliation board

Answer 27

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

Question 28

conciliation officers

Answer 28

are government ministry employees who confer with the parties, endeavour to help them reach an agreement and report back to the labour minister on the likelihood of a settlement between the parties on the outstanding bargaining issues in dispute.

Question 29

cooling-off period

Answer 29

Time the parties must wait after conciliations before they can strike or lockout
Ranges from 7 to 21 days

Question 30

Fact-finding

Answer 30

a process found in private-sector legislation in British Columbia and some public-sector labour relations statutes.
A fact-finder is an individual who investigates the issues and reports to the Minister. The report may contain non-binding recommendations and is usually made public.

Question 31

final offer selection

Answer 31

a form of arbitration in which both the union and the employer submit their final offer to the arbitrator, who chooses one of the offers.

Question 32

hot cargo clause

Answer 32

Allows employees to refuse to work with goods associated with an employer engaged in a labour dispute

Question 33

Injunction

Answer 33

A court-ordered, time-limited restriction on the location, timing or extent of picketing during a legal strike

Question 34

interest arbitration

Answer 34

Involves a third-party process of hearing the parties and imposing the final terms of a collective agreement

Question 35

item-by-item final offer selection

Answer 35

The arbitrator chooses between the union and the employer offers separately for each contract issue

Question 36

Lockout

Answer 36

An employers refusal to allow unionized employees to work in order to force the union to agree to certain terms of employment

Question 37

Mediation-arbitration

Answer 37

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.

Question 38

Mediators

Answer 38

Attempt to assist the parties by actively engaging in union-management negotiations and introducing possible alternatives in contract proposals to facilitate a settlement on outstanding bargaining issues

Question 39

narcotic effect

Answer 39

Refers to the parties losing the capability to negotiate their own agreement

Question 40

no-board report

Answer 40

Confirms that a conciliation board will not be appointed and begins the countdown to when a strike or lockout may commence

Question 41

rotating strikes

Answer 41

Occur when employees at different location alternately stop working

Question 42

secondary picketing

Answer 42

picketing at a location other than where striking employees work, for example, at a customer of the employer—was automatically illegal.

Question 43

Strike

Answer 43

Refusal to work or the restriction of output by unionized employees

Question 44

strike pay

Answer 44

money paid by the union to members participating in picketing or other strike-related duties

Question 45

total-package final offer selection

Answer 45

The arbitrator selects all the unions or employers offer
Each side presents an offer that covers all of the outstanding issues between the parties such as wages, benefits and vacations.
The arbitrator then must choose the entirety of either the union’s or the employer’s proposal

Question 46

wildcat strike

Answer 46

is an illegal strike that has not been authorized by the union—for example, if a group of employees walked off the job to protest the discipline or dismissal of a co-worker despite the fact that a collective agreement covering these employees was in force.

Question 47

Work-to-rule

Answer 47

Campaign is a work slowdown carried out by strictly adhering to work rules and the collective agreement

Question 48

designated or controlled strike

Answer 48

model, employees are given the right to strike, but an agreed-upon number of bargaining unit employees must continue working to provide essential public services.

Question 49

public sector

Answer 49

defined here as including three components: persons working directly for local, provincial and federal governments; persons employed in various public-sector agencies or services such as health care, social service agencies or educational institutions funded by government; and persons who work for government business enterprises and Crown corporations such as the Canadian Broadcasting Corporation.

Question 50

replication principle

Answer 50

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.
This guiding principle is relevant to arbitration awards in the public sector due to the impact of such third-party decisions on governments and members of the public
Holds that an arbitration award should reflect the agreement that the parties would have reached in negotiations