Unit 3 - Lesson 9 - Chapter 7

Question 1

When a certification order is issued, a number of changes occur in the relationship between employers and employees. One of the most immediate changes is the

Answer 1

application of various sections of the labour code to ensure that the union has sufficient resources to represent all members of the bargaining unit effectively. These applications are usually reflected in contractual terms between the union and the employer, and are referred to as union security clauses.

Question 2

One typical union security clause requires that

Answer 2

all union members pay union dues.

Question 3

How are union dues usually calculated?

Answer 3

Dues are usually calculated either as a standard flat fee or as a percentage of the employee’s monthly or annual pay. The percentage-based calculation is more common in Canada because it bases an employee’s dues on what the employee actually earns, whereas a flat fee has more of a financial impact on lower-paid employees.

Question 4

The dues check-off provision allows the union member to direct the employer to regularly

Answer 4

deduct union dues from his or her pay and to forward the deducted amount directly to the union. This provision exists so that the union does not have to go through the process of gathering money directly from every member after each pay period. It also ensures that the union receives its membership dues regularly and promptly.

Question 5

If employees object to belonging to a union for reasons associated with their reli- gious affiliation, four provincial labour codes (those of British Columbia, Saskatchewan, Manitoba, and Ontario) and the Canada Labour Code permit a religious exemption. . In order to receive a religious exemption

Answer 5

employees must show that their religious beliefs conflict with the general idea of union membership. Employees cannot receive a religious exemption because they object to the particular union in their workplace or to specific actions undertaken by that union.

Question 6

An employee receiving a religious exemption directs the amount they would have paid in union dues to a

Answer 6

registered charity mutually agreed upon by the employee and the union

Question 7

The principle behind the Rand formula is that

Answer 7

while not all employees may wish to be members of the union, all employees in a unionized workplace benefit from the contract terms the union negotiates; therefore, all employees, whether union members or not, should financially support the work of the union

Question 8

After a certification order is issued, many unionized workplaces follow the closed shop or union shop model of employment

Answer 8

Under this union security provision, which is implemented through terms in the collective agreement, new employees must agree to join the union and to pay union dues as a condition of employment. The closed shop or union shop provision ensures that the employer will not be able to reduce the union’s membership by hiring individuals into the bargaining unit who will not join the union

Question 9

Common union security provisions

Answer 9

Dues check-off 
Rand formula 
Closed shop/Union shop 
Hiring hall 
Union provisions to expel members

Question 10

A variation on the closed shop model occurs in the skilled trades and construction employment sectors

Answer 10

prospective workers must already be union members before they are eligible for employment

Question 11

employer must discharge an individual from employment if he or she has been expelled from union membership

Answer 11

This provision strengthens union security by reinforcing the expectation that all workers in the bargaining unit will be union members in good standing, or will pay union dues as a condition of employment.

Question 12

Dues check-off

Answer 12

The employer deducts union dues from each employee’s paycheque and forwards the money to the union.

Question 13

Rand formula

Answer 13

Employees in the bargaining unit pay union dues but choose whether or not to be union members.

Question 14

Closed shop/Union shop

Answer 14

Employees must agree to join the union and to pay union dues as a condition of employment.

Question 15

Hiring hall

Answer 15

The union supplies unionized employees to the employer.

Question 16

Union provisions to expel members

Answer 16

The employer may be compelled to dismiss an employee if the union expels the employee from union membership.

Question 17

It is also important to remember that as soon as a certification order is in place, individual employees become bargaining unit members and can no longer

Answer 17

bargain individually with the employer to establish workplace conditions. And, after union certification, the employer can no longer bargain individually with employees.

Question 18

The simplest and most common bargaining structure is

Answer 18

“single unit–single employer,”

Question 19

“single unit–single employer,”

Answer 19

where one union negotiates with a single employer that operates a single location

Question 20

Single Location

Single Union–Single Employer & Multiple Union–Single Employer

Answer 20

Single Union–Single Employer
This is the most common bargaining structure in Canada. Individual unions bargain with employers operating at a single location.

Multiple Union–Single Employer
This is usually found only where multiple unions represent different groups of workers in a single workplace. This model is not common in Canada

Question 21

Multiple Locations

Single Union–Single Employer & Multiple Union–Single Employer

Answer 21

Single Union–Single Employer
One collective agreement is negotiated and applies to all the locations where the union is certified. This model is used in many parts of the Canadian public sector.

Multiple Union–Single Employer
Different unions representing different workers negotiate with one employer for collective agreements covering all the employer’s locations. This model is used in several Canadian transportation industries

Question 22

Multiple Employers

Single Union–Multiple Locations & Multiple Union–Multiple Locations

Answer 22

Single Union–Multiple Locations
Different employers operating in different locations negotiate as a group with a single union. This model may require the labour relations board to accredit employers to bargain as an employers’ council. This model is used in several parts of the Canadian forest industry.

Multiple Union–Multiple Locations
This highly centralized bargaining model is used mainly where there are multiple unions and employers within a single industry that operates in multiple locations. This model is relatively rare in Canada.

Question 23

While most Canadian bargaining structures, as noted, involve a single employer and a single union, it is possible for groups of employers or groups of unions to bargain as a single entity. This structure is most often used when

Answer 23

multiple employers in a single industry feel that their interests would be better served if they bargained as a group rather than individually.

Question 24

pattern bargaining or whipsawing

Answer 24

where an agreement reached by one union with one employer is used to pressure other employers in the same industry or that deal with the same union into agreeing to similar terms.

Question 25

When a number of unions represent different employees of a single employer, the unions may decide to bargain as a group.

Answer 25

Unions that bargain as a group can exert greater pressure on the employer because of the increased impact of any job action they might take, such as a strike. Union members generally respect any job action taken by another union: for example, by refusing to cross the striking union’s picket lines. Thus, in a multiple union–single employer bargaining relationship, it would be possible for employees belonging to one union to go on strike and shut down the entire operations of the employer.

Question 26

Most Canadian labour codes specify that employers wishing to bargain as a group must apply to a labour relations board for certification as

Answer 26

an employers’ council

Question 27

The Union Bargaining Team

Answer 27

The union negotiating team commonly includes a member or members of the union executive. These individuals are on the bargaining team because they have extensive knowledge of the union’s operations and of the issues that are important to the union’s members.

Question 28

If the bargaining unit is a local of a larger union,

Answer 28

a regional or national representative of the larger union may be present during negotiations, either as a formal member of the union negotiation team or as an observer/ advisor.

Question 29

a regional or national representative considered important for two reasons.

Answer 29

First, the regional or national representative may be a very experienced negotiator and will be able to give strategic assistance to the local bargaining team; this is particu- larly valuable if the local members are inexperienced bargainers.
Second, the regional or national representative will be aware of terms negotiated in other collective agreements involving the same union, and will seek to ensure that the local team does not agree to terms inferior to those negotiated by other locals, which could set a dangerous precedent for future negotiations.

Question 30

In large sets of negotiations involving national unions and/or large employers, the union negotiating team may include

Answer 30

professional negotiators. These individuals are either union employees or persons hired on contract by the union to assist in developing bar- gaining strategies and tactics.

Question 31

The management negotiating team represents the employer, and usually includes

Answer 31

executives who deal with the union on a regular basis (e.g., the organization’s human resources director). These individuals are considered to have enough knowledge of the work- place conditions and requirements to bargain a collective agreement appropriate for the organization and its employees

Question 32

If the employer is a unit of a larger organization

Answer 32

the management negotiating team may also include representatives from the parent organization. These individuals play a role on the management negotiating team similar to the role played by representatives from the regional or national union on the union negotiating team.

Question 33

In negotiations involving a bargaining council or an employers’ council,

Answer 33

the nego- tiating team usually includes at least one representative from each of the unions or employers participating in the council

Question 34

The Union Bargaining Team members

Answer 34

Union executive members 
Rank-and-file union members
Regional/national union representatives
Council member representatives
Professional negotiators
Researchers

Question 35

The Management Bargaining Team members

Answer 35

Human resources director
Financial officer
Parent organization representatives
Council member representatives
Professional negotiators
Researchers

Question 36

Theoretically, no issues are off limits in collective bargaining; we should not forget, however, that many collective agreements contain a so-called

Answer 36

management rights clause

Question 37

while any issue is theoretically available for bargaining, if a collective agreement contains a management rights clause

Answer 37

the collective agreement will not be the absolute authority on how the workplace is operated.

Question 38

Most Canadian labour codes require that a collective agreement be a minimum of one year in length. Why do you think this requirement exists?

Answer 38

This requirement ensures that employers and unions do not have to commence bargaining for a new agreement immediately after concluding the previous agreement, which would be very time- consuming for both employers and unions.

Question 39

Most Canadian labour relations legislation includes a template for a grievance procedure.

Answer 39

This template is considered applicable to any workplace without a grievance procedure in its collective agreement. The steps in the grievance procedure outlined in provincial labour legislation are similar to those included in most collective agreements.

Question 40

To ensure that the collective bargaining process actually begins

Answer 40

most Canadian labour codes specify times by which collective bargaining must commence. There are also time- lines to encourage the parties to begin the bargaining process when an existing collective agreement is about to end.

Question 41

if the union does not issue a notice to bargain to the employer, or does not respond within the specified time to an employer’s notice to bar- gain,

Answer 41

it may be considered to have abandoned its bargaining rights. If a labour relations board determines that the union has indeed abandoned its bargaining rights, it may issue a decertification.

Question 42

The process of identifying and prioritizing bargaining goals can be accomplished in several different ways

Answer 42

The union may conduct a survey of its membership to discover their concerns and their bargaining priorities
The negotiating teams may review what was and was not accomplished in any previous negotiations
The negotiating teams may examine collective agreements in other locals of the union and/or in similar industries and organizations to see what has been agreed to elsewhere
The negotiating teams will examine the record of grievances filed since the last collective agreement went into effect
The negotiating teams will look at factors outside the organization (e.g., inflation rates, labour market demographics, or economic indicators) or collect other information to identify future trends that may affect the outcomes of bargaining.

Question 43

When union negotiating teams prioritize desired bargaining outcomes, however, they must remember that the collective agreement they negotiate will eventually have to be rati- fied by the entire membership.

Answer 43

Therefore, they must be careful to ensure that the prioritized list of bargaining demands reflects as much as possible the wishes of the membership, not their own personal preferences. If the eventual collective agreement does not at least appear to reflect the members’ priorities, the bargaining unit members may vote to reject the agree- ment, thus sending the bargaining team back to negotiate a more acceptable contract.

Question 44

The process of identifying and prioritizing bargaining goals for the management nego- tiating team is somewhat more efficient and less formal than the same process for the union team.

Answer 44

This is because the management team is not usually formally accountable to its constituents; for example, it probably would not face a ratification vote on the negotiated contract

Question 45

Bargaining in good faith has two components.

Answer 45

First, the parties are expected to enter into honest bargaining.
Second, the parties are expected to bargain with the intent of reaching a collective agreement.

Question 46

these actions have been identified as bargaining in bad faith

Answer 46

• outright refusal to bargain
• surface bargaining
• presenting an initial offer, possibly based on an employer survey of union members, as a final offer—without any justification or rationale—and refusing to negotiate further (This “take it or leave it” approach is known as Boulwarism, named for a vice-president of General Electric in the United States in the 1950s who used this bargaining tactic.)
• firing or disciplining union members or negotiators for reasons unrelated to their performance at work, or for no reason, during the negotiation process
• the employer bargaining directly with employees rather than with the union
• refusing to provide the rationale for a bargaining position
• attempting to renegotiate terms that have already been settled (except if there has been some change in the workplace or external environment that requires the terms to be revisited)

Question 47

It should be noted that the expectation that the parties will bargain in good faith does not require them to actually reach a collective agreement.

Answer 47

What is important is that the parties should be committed to concluding a collective agreement and should actively work toward that goal; failure to reach an agreement is not in and of itself evidence of bargaining in bad faith.

Question 48

accreditation

Answer 48

The legal process by which a group of employers (employers’ council) is certified as a single entity for bargaining purposes.

Question 49

bargain in good faith

Answer 49

The expectation that during collective bargaining, parties will bargain honestly and with the intention of concluding a collective agreement.

Question 50

bargaining council

Answer 50

A group of unions that bargain as a single unit

Question 51

Boulwarism

Answer 51

The bargaining tactic of presenting a single offer, sometimes based on an employers’ survey of union members’ preferences, and refusing to negotiate any further.

Question 52

closed shop

Answer 52

A union security provision requiring union membership as a condition of employment. Also known as a union shop.

Question 53

dues check-off

Answer 53

A union security provision permitting union members to request that the employer automatically deduct union dues from their pay and forward the dues to the union.

Question 54

employers’ council

Answer 54

A group of employers who bargain as a single unit. See also accreditation

Question 55

freeze

Answer 55

The requirement that working conditions established by a collective agreement remain in effect until a new collective agreement is completed

Question 56

hiring hall

Answer 56

A union security provision in which the employer contacts the union with job opportunities and the union provides qualified members as job candidates.

Question 57

management rights clause

Answer 57

A clause in a collective agreement giving management authority over any matters not specifically outlined in the agreement.

Question 58

notice to bargain

Answer 58

A formal notice issued by one party to the other, after which collective bargaining must usually commence.

Question 59

pattern bargaining

Answer 59

A bargaining strategy used when there are multiple employers in a single industry; the contract negotiated with one employer is used as a pattern for contract demands in negotiations with the other employers. Also known as whipsawing

Question 60

Rand formula

Answer 60

A collective agreement provision that permits workers to choose whether or not to join a union, but requires all workers in a unionized workplace to pay union dues.

Question 61

religious exemption

Answer 61

A union security provision that allows workers whose religious beliefs discourage union membership to pay a sum equal to union dues to a mutually agreed-upon charity.

Question 62

surface bargaining

Answer 62

Engaging in collective bargaining without any intention of concluding a collective agreement.

Question 63

union security

Answer 63

Structures and processes put into place after certification that assist the union in its ability to fully represent its members.

Question 64

union shop

Answer 64

Closed shop

Question 65

whipsawing

Answer 65

pattern bargaining