séance 3 - managing in a unionized environment Flashcards
what is the definition of a union?
a legally consituted organization that represents employees’ interests
how do employees participate in administering the union?
- electing union officials
- supporting it financially through union dues
are there more unions in the private or the public sector?
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
what are the 3 factors at the source of unionization?
- insecurity
- perceived injustice
- feeling of powerlessness
what laws govern the union process?
the Labor code
what are the 3 steps of the union process?
- creation of the bargaining unit
- negotiation of a collective agreement
- application of the collective agreement
the right to union is only open to an…
asociation of employees within the meaning of the labor code (similar characteristics: same job, same qualifications)
what are the steps to be followed by employees to create a bargaining unit?
- signature of membership cards (2$ min fee)
2. filling on the application for certification
what are the donts when trying to get employees to sign the bargaining unit membership card?
- solicit members during work hours
- ude intimidation to induce ppl to become a member
what happens when you obtain 50%+1 signature of the membership card?
CRT analyse the request and if irregularities are found, imposition of a secret vote
what happens when you obtain 35-50% signature of the membership card?
CRT imposes a secret vote (ppl might feel pressured or intimidated to sign or not to sign cards)
what happens to work conditions when there is a request for certification?
work conditions must be freezed (bad faith from the employer)
when certification is granted, what happens?
- 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
what are the role and responsabilities of federation?
- 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
what are the 3 main types of clauses negotiated in the collective agreement?
- contractual clauses
- work condition clauses
- monetary clauses
how many days does the union and employer have to negotiate the collective agreement?
90 days
the process of negotiation of the collective agreement is defined by…
the labor code
what is the timeline of the negotiation of the collective agreement?
- 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)
what happens if no settlement is reached 90 days into the negotiation of the collective agreement?
workstoppage (lockout or strike) which resolves when: agreement is reached with help of a conciliator or with dispute arbitration
what are some pressure tactics during negotiation?
- slow down
- work to rule
- strike
- lockout
- injunction
- picketing (illegal)
- anti-scab
- solidarity strikes
who can work in the establishment affected by the strike?
- managers hired before the bargaining phase
- volunteers
- anyone to take necessary measures to avoid the destruction or serious deterioration of the company’s property
under what form the collective agreement must be communicated? in what language?
must be written. the original copy must be in french, but you can have english copies
what measure is taken to avoid intimidation and pressure when authorization for the union to sign the agreement?
authorization for the union to sign the agreement by secret ballot
when is a condition in the C.A. not valid?
when it is contrary to public order or prohibited by law
what is the duration time of the first C.A and the following ones?
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)
when applying the C.A, what are the steps to settle a disagreement regarding the interpretation or application of the CA?
- discussion between employee and manager
- submit grievance in writing to director of establishment
- may be submitted to arbitration
what are the positives impacts of a union?
- Restricted arbitrary of employer
- Opportunity to express yourself
- Investment in training and skills development
- Adoption of work practices that contribute to productivity
what are the negative impacts of a union?
- 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
what are some of the HR results in a unionized environment?
- nb of grievances
- cost of grievances
- time spent on grievances
- mobilization
what are the donts of the employer during the creation of the bargaining unit?
- 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
what are the dos of the employer during the creation of the bargaining unit?
- Explain facts
- Objectively present the consequences of the union claims
- Express their preference
- Correct inaccurate information in propaganda concerning them
- Expose the context
