Upgrade to remove ads
Terms in this set (64)
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 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 SECURTIY CLAUSES.
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.
The dues check-off provision allows the union member to direct the employer to regularly deduct union dues from his or her pay and to forward the deducted amount directly to the union.
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.
An employee receiving a religious exemption directs the amount they would have paid in union dues to a registered charity mutually agreed upon by the employee and the union
Employees who receive a religious exemption are generally not eligible to participate in votes conducted by the union, although they are covered by the terms of the collective agreement.
The principle behind the Rand formula is that 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.
After a certification order is issued, many unionized workplaces follow the closed shop or union shop model of employment.
Employers wanting to hire tradespeople contact the appropriate union, which then posts the job opening at the hiring hall. The "hall" is a permanent posting site at the union offices or a union-run website
Another form of the hiring hall is one in which the union maintains lists of qualified union members and then will assign members, usually on the basis of seniority or specialized experience, to an employer who submits a hiring request.
This provision strengthens union security by reinforcing the expectation that all workers in the bargain- ing unit will be union members in good standing, or will pay union dues as a condi- tion of employment.
Unions usually expel members only as a last resort when other disciplinary measures have failed.
if the union asks an employer to dismiss an employee because he or she has been expelled from the union, the employer is compelled to do so.
once a certification order is issued, both the union and the employer are compelled to commence collective bargaining.
after union certification, the employer can no longer bargain individually with employees.
The structure of collective bargaining can be simple or complex
The simplest and most common bargaining structure is "single unit-single employer," where one union negotiates with a single employer that operates a single location.
Individual bargaining units can negotiate with a single employer who operates multiple locations; multiple units can negotiate with a single employer; and multiple units can negotiate with multiple employers.
it is possible for groups of employers or groups of unions to bargain as a single entity.
Since the early 1980s, the effectiveness of whipsaw- ing as a bargaining tactic in the auto industry and associated industries has declined
When a number of unions represent different employees of a single employer, the unions may decide to bargain as a group
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
The potential threat of a complete workplace shutdown as a result of the job action of relatively few employees would give unions a great deal of power during bargaining
labour relations boards are often reluctant to certify small bargaining units within large workplaces because of the power imbalance this type of bargaining structure might cause.
labour relations boards recognize that a multiple union-single employer bargaining structure has the advantage of efficiency
Most Canadian labour codes specify that employers wishing to bargain as a group must apply to a labour relations board for certification as an employers' council
The process whereby this group of employers is recognized as a single unit for the pur- poses of bargaining is known as accreditation
employers applying for accreditation are not required to conduct a representation vote
Unions that bargain together as a group form an entity called a bargaining council
the negotiation process begins when one side issues a formal notice to bargain to the other side.
When an agreement is reached, each team must go to its constituency or stakeholders and obtain their approval before the agreement can become official
Pre-negotiation Stage In this stage, each side determines its priorities, goals, and proposals for the upcoming negotiations.
the parties accomplish this by collecting informa- tion from a variety of sources and developing a "laundry list" of proposals
It is common for the two sides to agree to meet jointly during the pre-negotiation stage to informally sound each other out on negotiating protocol and procedures.
This stage of bargaining typically begins at the first formal bargaining session, where all the representatives of both parties are present.
While the presentations are often characterized by emotional and even extreme rhetoric, the chief negotiators actually have a respectful and professional relationship with one another.
in presenting the issue of salaries, the chief negotiator will indicate the desired salary range
A spirited presentation indicates that the union or the employer is serious about its proposals and is willing to work to achieve the desired outcomes
Giving some background on why a proposal is reasonable is a way to persuade the other side that the proposal should be adopted.
if counter-proposals are to be successful, they must address the reasoning used to support the original proposal.
the bottom line position is the absolute minimum or maximum that the team would be willing to accept as a settlement for that item.
the zone of agreement dictates each side's decisions in narrowing the bargaining range and, ultimately, whether the parties reach an agreement.
wage rate must not exceed the employer's maximum or drop below the union's minimum. it does, it will not be accepted
If there is no zone of agreement, either there will be no settlement, or each team must adjust its bottom line
narrowing the bargaining range is often the longest of all the bargaining stages.
Crisis- One side must agree to other side's proposal for the crisis stage to be resolved, after which parties settle a tentative agreement
Ratification- Parties take the agreement to their constituencies for approval
The strike and the lockout are the two most public events in the entire industrial relations process.
when viewed in the context of the amount of collective agreements annually negotiated in Canada, strikes and lockouts are unusual events. Approximately 90 percent of Canadian collective agreements are settled without a strike or lockout taking place.
Although strikes and lockouts are relatively uncommon, they can have widespread impacts and long-lasting effects
lockout occurs when the employer closes part or all of the workplace so that the workers cannot enter the premises and perform their jobs.
The terms industrial action and industrial conflict are also used to describe strikes and lockouts
While recognition strikes are no longer necessary—and in fact are banned in every Canadian jurisdiction—there are still legal restrictions on the use of strikes or lockouts in every Canadian jurisdiction.
A legal strike or lockout can only take place while collective bargaining is in progress
most strikes or lockouts occur because of the parties being reluctant to continue bargaining sessions that are perceived as unproductive
for a strike or lockout to be legal, the parties must be in the process of bargaining, and a collective agreement must not have been settled.
work does not have to stop completely for a legal strike to occur.
Work-to-rule campaigns, where union members interpret the terms of the collective agreement very narrowly and follow them very closely in order to slow down production, have also been determined to constitute strike action
In the United States, larger bargaining units have been found to be more likely to go on strike than smaller bargaining units
strikes involving smaller bargaining units tended to be longer than strikes involving larger bargaining units.
workers' ability to strike may be more restricted in the Canadian public sector than in the private sector,
the lack of a strike may not always indicate an unwillingness to strike
Unemployment rates, the financial position of the employer, the general profit trends in the industry, and the current stage of the employer's "business cycle" can all affect strike or lockout propensity.
The stage of the employer's business cycle is also influential because strikes will not have a particularly large financial impact on the employer during slow times in the employer's business.
Most Canadian labour codes ban strikes during the term of a collective agreement, but Canada has a long history of these types of strikes.
These strikes may occur spontaneously as an expression of union members' dissatisfaction, or they may be planned and facilitated by union leaders, despite the fact that they are technically illegal.
public sector strikes usually represent between 20 and 30 percent of annual strike activity in Canada
Between 2011 and 2012, the rate of work stoppages in the public sector increased by 356.2%, in contrast to an increase of 14.7% in the private sector.
It has been proposed that "no-strike laws" restrict the ability of public sector union negotiators to press their demands to the limit
a legal strike cannot be used as a means of expressing discontent or resolving bargaining disputes
strikes and lockouts have the potential to be damaging and lengthy.
in most Canadian jurisdictions pro- vides for various forms of third-party intervention in collective bargaining
a third party is perceived as neutral by both negotiating teams
third parties are also occasionally introduced into the bargain- ing process by an order of the government-the government uses the third party as a direct or indirect messenger to convey its interest in seeing a speedy resolution to the disagreement.
The main types of third-party intervention used in Canadian jurisdictions are con- ciliation, mediation, and arbitration
three less common forms of third-party intervention: mediation-arbitration, industrial inquiry commissions, and disputes inquiry boards.
conciliation is the first possible step in attempting to resolve an impasse in negotiations
The conciliator's role is to assess the positions of the parties and the reasons for their inability to reach agreement.
The conciliator does not participate in bargaining sessions or impose an agreement on the parties.
conciliation is preferred as the initial form of third-party intervention-since it allows the bargaining parties to retain a greater amount of control over the bargaining process and its outcomes.
even in jurisdictions where con- ciliation is voluntary, the parties can undertake conciliation on their own initiative to see if their bargaining differences can be resolved by using this method of assistance.
A conciliation officer or conciliation commissioner is usually a government employee, appointed at the request of the parties or on the initiative of the minister of labour
If conciliation was voluntarily undertaken by the parties and was not ordered by the minister of labour, the report of the conciliation board or officer will be given directly to the parties themselves.
. If the parties do not reach an agreement and the conciliation officer's recom- mendations are made public, there may be negative public reaction that could have long- term effects on the parties and their relationship
tripartite conciliation board. This board is made up of an individual appointed by the employer, an individual appointed by the union, and a neutral third party, hence the name "tripartite" (which means "three parties" or "three interests"
The conciliation board carries out the same basic process of investigation and reporting as the conciliation officer or commission, with one major difference in the method of collecting information on the dispute
The conciliation process is used in federal disputes, as well as in many provincial, municipal, and regional public service disputes, because these disputes often involve essential services.
conciliation can help the parties settle their bargain- ing disputes by recommending potential solutions the parties may have overlooked.
Conciliation is one way to make the parties aware of solutions that they might not recognize on their OWN
Conciliation can also be used as a means to help the parties overcome differences, whether large or small, between their positions.
The cost of strikes was calculated by estimating the amount of wages lost during the strike and the amount of costs incurred by employers.
More detailed data analysis showed that the two-stage conciliation process (a conciliation officer and then a conciliation board) was somewhat more effective in reducing strike activity when a two-week "cooling-off" period was also part of the conciliation process.
The cooling-off period usually took place between the date that the final conciliation report was submitted and the date that a legal strike could begin.
conciliation was not significantly effective in reducing the cost of strikes
this order arranges the forms of third-party intervention from the one that is least intrusive on the bargaining process (i.e., conciliation, where the third party observes or investigates and makes rec- ommendations) to the one that is most intrusive (i.e., arbitration, where the third party actually formulates part or all of the collective agreement).
USING CONCILIATION, MEDIATION, OR ARBITRATION- The structure of this process clearly encourages the parties to resolve their disputes themselves.
They know that if they do not do so, they may end up with the terms of the collective agreement imposed on them, having lost the freedom to fashion their own terms.
Management and unions operating in the private sector in Canada generally prefer the mediation process to either conciliation or arbitration.
arbitration reduces the bargainers' control over the final outcome.
conciliation and arbitration are sel- dom used in private sector disputes, except where required by legislation
. Mediation is pre- ferred because it gives the parties some practical assistance in solving their disagreements while allowing them to retain control over the contents of the eventual collective agreement.
A privately chosen mediator can have any combination of skills and experience, as long as both parties agree on the choic
The term "grievance" is used to describe an alleged violation of one or more of the terms of the collective agreement.
Not every complaint arising in an employment relationship meets the test of being a grievance.
any violation of the collective agreement has the potential to generate a grievance.
Most grievances filed by employers against unions are the result of union actions arising from work stoppages during the term of a collective agreement.
For a disagreement to be handled under a grievance procedure, it must meet the definition of a grievance or a dispute that can be settled in this manner, as specified in the relevant labour legislation.
It is impos- sible for a union to constantly police the application, administration, and interpretation of the collective agreement in every part of a workplace.
employees are expected to notify the union immediately if they believe that the collective agreement has been violated. It is also important to note that a violation of the collective agreement can be said to have occurred if an individual or group "ought to reasonably know" that an action contravenes the collective agreement
If the party filing a grievance fails to complain when an alleged grievance first occurs, two problems can arise->
1.First, the employer may dismiss the grievance on the basis that the practice has been ongoing and no previous complaint has been filed
2.The second problem associated with a failure to file a timely grievance is that even if the grievance proceeds, the lack of timeliness can affect the eventual remedy granted.
Canadian labour legislation does not enforce any specific process for handling grievances between the union and the employer-the legislation leaves it to the individual union and employer to develop their own process, which then becomes part of the collective agreement.
Having a grievance procedure available to resolve disagreements is very important in ensuring that the collective agreement is correctly and effectively applied in the work- place.
grievance procedures generally share a number of characteristics.
. The duty of fair representation means that a union (as well as an employers' association) must not act toward its members in a manner that is arbitrary, discriminatory, or in bad faith.
. Arbitrary conduct by a union has been described as conduct that is superficial, capricious, indifferent, or reckless with regard to the members' interests.
It can be difficult to determine whether a union has acted in bad faith if there is a history between the union and the griever that might have influenced the union's decision.
Sometimes, the duty of fair representation may appear to be in conflict with the union's willingness or ability to pursue a grievance to the point of arbitration.
, grievance arbitration can be very expensive and time-consuming for all of the parties involved
If a union member decides to file a complaint against a union for failing to fairly repre- sent him or her, the complaint procedure usually commences with the member complet- ing a standardized form and submitting it to a labour relations board.
If the union has an internal appeal process to deal with member complaints about the union's decisions or actions, the labour relations board usually expects the union member to first take his or her com- plaint through that internal process.
It is important to note that even if the labour relations board accepts a complaint regarding a union's duty of fair representation, the board will not investigate the actual grievance.
A study of 138 duty of fair representation cases in Canada, filed between 2000 and 2007, indicated that the basis of most complaints was the alleged failure of the union to pursue a grievance related to termination or changes in working conditions- the complaints were upheld in only eight of the 138 cases
If the labour relations board does find that a duty of fair representation complaint is justified and that the union did not fairly represent the member, there are a number of potential awards that it can make
If the union member has suffered in some way because of the union's lack of representation, the board may attempt to remedy that damage. For example, a union member might have filed a grievance if she or he was demoted to a posi-tion that paid less than her or his original job. If the union refused to pursue the grievance, the board could order the union to compensate the member for the difference between the salary in the original position and the salary in the position that the member was demoted to, for as long as the member is in the lower-paying job.
Other sets by this creator
Other Quizlet sets
GC Multiple Choice Exam 2
Test 3 Psychosocial Issues-soc part. ch 13
Reading of New York Times - 4.06.2021
WK 9 terms IMMUNE SYSTEM MODULATION CH32 EX3