Understanding Labour Relations and Collective Bargaining - chap 10 Flashcards
the first labour relations
The Trade Union Act
was passed by the federal Parliament in 1872. This act exempted unions from charges of criminal conspiracy, allowed them to pursue goals of collective bargaining without persecution, and gave them the ability to strike.
Canada Labour Code
governs federally regulated companies such as Bell, Rogers, Canadian National Railway, and Telus, whereas the province in which they operate governs companies such as Molson Breweries.
common factors of labour legislation
- The right of people to join unions
- The requirement that employers recognize a certified union as the rightful and exclusive bargaining agent for that group of employees
- The identification of unfair labour practices
- The right of unions to strike and the right of employers to lock out workers
duties of the LRB
processing union applications to represent employees;
- processing applications to terminate union bargaining rights;
- hearing unfair labour practice complaints; and
- hearing complaints and issuing decisions regarding strikes, lockouts, and picketing
when did unitization start
unionization started during the Industrial Revolution where new forms of businesses emerged (factories) and employees no longer worked on their own practising a trade.
they unionized because…
Employees did not feel that they had much influence over any employment conditions and had to rely on the goodwill of the employer to be fair.
When an employer was perceived as not being fair, the employee could quit or find a collective way to represent their interests.
labour relations framework
Factors influencing the relationships among an employer, employees, and the union(s) in a unionized workplace
- the outcome of these relationship is a collective agreement
what do a number of articles indicate?
employees often join unions for better wages and benefits as well as for psychological reasons, such as equality, access to networks, and sense of belonging.
union shop
Clause in a collective agreement requiring employees to become a member of the union and retain membership to retain employment
closed shop
Provision of the collective agreement that requires employers to hire only union members.
open shop
Provision of the collective agreement that allows employees to join or not to join the union.
labour union framework
factors that infleunce
- economy
- labour market
- government policy
- norms
- laws
Why might employees consider joining a union, even in non-traditional sectors like tech?
Employees may seek constant reinforcement and support, which they might not receive from managers. Unions can provide this support and foster a sense of shared interests with other members.
Ultimately, if employees believe the benefits of unionizing outweigh the costs, they may join, even in traditionally non-unionized sectors like tech.
Example: Some Google employees unionized to structure activism, gaining a foothold for union presence.
How do employees organize a union
Employees can contact a union or be approached by one, starting an “organizing drive.” Large unions like Unifor and Teamsters assist in these efforts
what influences unions in non-traditional sectors
This has been due to societal changes from being a goods-producing society to a service-based society, and to an overall decline in union membership.
The decline in union membership has also created new opportunities for unions.
What are the typical steps in a union organizing campaign?
- Employees contact a union and meet with an organizer.
- Employees sign membership cards authorizing union representation.
- Union submits enough cards to the provincial labour board.
- A secret ballot vote is held among eligible employees.
- If successful, the union informs the employer to begin collective bargaining.
what is a membership card
A document signed by an employee indicating that the union is able to act on the employee’s behalf for collective bargaining and other union purposes
union tactics
bargaining unit - A group of employees represented by 1 union for the purposes of collective bargaining and other union processes
unfair labour practices by employers
- starting a union
- changing work conditions without the unions’ awareness
- threatening while a union is being organized
- failing to bargain with an authorized union
- hiring strikebreakers
unfair labour practices by an employee
- contributing financial support to employees’ organizations
- not fairly representing employees
- calling an unlawful strike or threatening to do so
What are employers prohibited from doing during the union certification process?
Employers cannot:
Fire, discipline, or threaten employees for union activity
Promise better conditions to vote against unionizing
Change wages/conditions during certification or bargaining
Interfere in union formation or support
They must bargain in good faith and can only express non-coercive opinions about unionizing.
What are unfair labour practices for employers
Unfair labour practices are illegal actions by employers, unions, or individuals that violate labour laws.
Examples:
Employer threatens to fire union supporters
Union threatens employees who don’t join
Labour boards investigate and enforce laws related to these practices.
What is union certification and how can it be obtained in Canada?
Union certification gives a union exclusive rights to represent employees. It can be obtained through:
Voluntary recognition (rare, except in construction)
Regular certification (with proof of support)
Pre-hearing vote (if there are irregularities during the organizing process)
What is voluntary recognition in union certification?
An employer agrees to recognize a union without a formal vote. It’s rare and mostly seen in the construction industry. Example: UBC voluntarily recognized faculty union.
