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human resources management > séance 3 - managing in a unionized environment > Flashcards

séance 3 - managing in a unionized environment Flashcards

1
Q

what is the definition of a union?

A

a legally consituted organization that represents employees’ interests

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2
Q

how do employees participate in administering the union?

A
  • electing union officials

- supporting it financially through union dues

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3
Q

are there more unions in the private or the public sector?

A

less unions in the private sector and many more in the public because the employer is the gvnmt: the gvnmt can not deal with millions of ppl so unions make more pressure against the gvnmt and allows better communications

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4
Q

what are the 3 factors at the source of unionization?

A
  • insecurity
  • perceived injustice
  • feeling of powerlessness
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5
Q

what laws govern the union process?

A

the Labor code

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6
Q

what are the 3 steps of the union process?

A
  1. creation of the bargaining unit
  2. negotiation of a collective agreement
  3. application of the collective agreement
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7
Q

the right to union is only open to an…

A

asociation of employees within the meaning of the labor code (similar characteristics: same job, same qualifications)

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8
Q

what are the steps to be followed by employees to create a bargaining unit?

A
  1. signature of membership cards (2$ min fee)

2. filling on the application for certification

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9
Q

what are the donts when trying to get employees to sign the bargaining unit membership card?

A
  • solicit members during work hours

- ude intimidation to induce ppl to become a member

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10
Q

what happens when you obtain 50%+1 signature of the membership card?

A

CRT analyse the request and if irregularities are found, imposition of a secret vote

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11
Q

what happens when you obtain 35-50% signature of the membership card?

A

CRT imposes a secret vote (ppl might feel pressured or intimidated to sign or not to sign cards)

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12
Q

what happens to work conditions when there is a request for certification?

A

work conditions must be freezed (bad faith from the employer)

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13
Q

when certification is granted, what happens?

A
  • union becomes the representative of all the employees in the bargaining unit, even if you did not sign the card
  • role as defender of the legitimate rights
  • rand formula: employer deducts from the wages to pay the union
  • employer has the obligation to negotiate in good faith with the union
  • countdown started
  • employees gain the right to vote collective agreement and strike
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14
Q

what are the role and responsabilities of federation?

A
  • support request for certification
  • help unions with; negotiation of collective agreement, sttle grievances, prepare and support strikes (financial aspect)
  • take position publicly on various topics
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15
Q

what are the 3 main types of clauses negotiated in the collective agreement?

A
  • contractual clauses
  • work condition clauses
  • monetary clauses
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16
Q

how many days does the union and employer have to negotiate the collective agreement?

A

90 days

17
Q

the process of negotiation of the collective agreement is defined by…

A

the labor code

18
Q

what is the timeline of the negotiation of the collective agreement?

A
  • beginning of the negotiation between employer and the union
  • if needed nomination of a conciliator that tries to make both parties happy and collaborating
  • if you cant find an agreement an adjudicator will do it (he decides)
19
Q

what happens if no settlement is reached 90 days into the negotiation of the collective agreement?

A

workstoppage (lockout or strike) which resolves when: agreement is reached with help of a conciliator or with dispute arbitration

20
Q

what are some pressure tactics during negotiation?

A
  • slow down
  • work to rule
  • strike
  • lockout
  • injunction
  • picketing (illegal)
  • anti-scab
  • solidarity strikes
21
Q

who can work in the establishment affected by the strike?

A
  • managers hired before the bargaining phase
  • volunteers
  • anyone to take necessary measures to avoid the destruction or serious deterioration of the company’s property
22
Q

under what form the collective agreement must be communicated? in what language?

A

must be written. the original copy must be in french, but you can have english copies

23
Q

what measure is taken to avoid intimidation and pressure when authorization for the union to sign the agreement?

A

authorization for the union to sign the agreement by secret ballot

24
Q

when is a condition in the C.A. not valid?

A

when it is contrary to public order or prohibited by law

25
Q

what is the duration time of the first C.A and the following ones?

A

1st CA: no less than a year and no more than 3 years

subsequent CA: no less than a year, but can be signed for a lifetime (not recommended)

26
Q

when applying the C.A, what are the steps to settle a disagreement regarding the interpretation or application of the CA?

A
  1. discussion between employee and manager
  2. submit grievance in writing to director of establishment
  3. may be submitted to arbitration
27
Q

what are the positives impacts of a union?

A
  • Restricted arbitrary of employer
  • Opportunity to express yourself
  • Investment in training and skills development
  • Adoption of work practices that contribute to productivity
28
Q

what are the negative impacts of a union?

A
  • Reduced flexibility – rules to follow considering decisions
  • Not inclined to variable pay – no grey area: clear rules and no injustice (for example, promotions based on senority)
  • Reduced flexibility in staffing process: if you have level 2, 3 , 4 entries you must post within the organization first to offer to already hired employees. For level 1 you can post publically right away
  • Less use of formal performance evaluation systems
29
Q

what are some of the HR results in a unionized environment?

A
  • nb of grievances
  • cost of grievances
  • time spent on grievances
  • mobilization
30
Q

what are the donts of the employer during the creation of the bargaining unit?

A
  • Force employees to listen
  • Undermine the credibility of the union
  • Seek to raise emotions (playing on the guilt or fear) or make promises
  • Not interfere with, dominate or finance the formation of a union
  • Not seek to know the names of employees involved in organizing a union or signing of membership cards and not to discipline them: you can not strike back with discipline
31
Q

what are the dos of the employer during the creation of the bargaining unit?

A
  • Explain facts
  • Objectively present the consequences of the union claims
  • Express their preference
  • Correct inaccurate information in propaganda concerning them
  • Expose the context

human resources management (10 decks)

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