Chapter 16: Labour Relations

Question 1

Labour Union (Union)

Answer 1

An officially recognized association of employees practicing a similar trade or employed in the same or industry who have joined together to present a united front and collective voice in dealing with management.

Question 2

Labour-Management Relations

Answer 2

-ongoing interactions between labour unions and management

Question 3

Collective Bargaining Agreement

Answer 3

a formal agreement between an employer and the union representing a group of employees regarding terms and conditions of employment.

Question 4

Bargaining Unit

Answer 4

the group of employees in a firm, a plant, or an industry that has been recognized by an employer or certified by a labour relationship board (LRB) as appropriate for collective bargaining purposes.

Question 5

Canada’s Labour Laws

Purposes

Answer 5

1. To provide a common set of rules for fair negotiations

2. To protect public interest by preventing impact of labour disputes

Question 6

The Labour Relations Process

Answer 6

Step 1: Desire for Collective Representation ( Wall Mart!?)
Step 2: Union Organizing Campaign
Step 3: Union Recognition
Step 4: Collective Bargaining

Question 7

Step 1: Desire for Collective Representation ( Wall Mart!?)

Answer 7

Why individuals join unions:

- dissonance-based reasons
        - -unpleasant work environment, low pay
- utility-based reasons
         - -cost/benefit analysis
 - political/ideological reasons
         - -desire to work for collective versus individual               purposes

Question 8

Step 2: Union Organizing Campaign

Answer 8

Step 1: Employee/union contact
Step 2: Initial organizational meeting
Step 3: Formation of in-house organizing committee
Step 4: Organizing campaign 
Step 5: Outcome

Question 9

Union Organizing: Employer Rights

Answer 9

• express views on unions
• state position on remaining non-union
• prohibit union activity on company property/time
• increase wages in normal course of business
• assemble employees to state position if:
  - -purpose of meeting stated in advance
  - -attendance is optional
  - -no threats/promises

Question 10

Step 3: Union Recognition

Answer 10

• -Ways to obtain recognition:
  1. voluntary recognition by employer- rare
  2. regular certification by LRB 50-55% support
  3. pre-hearing votes evidence of violation of fair labor practice early in campaign, if there is support for union
  4. Representation vote by LRB cast a secret ballot if they want a union or not
• Ways to terminate bargaining rights:
  - -decertification
  - -termination and abandonment

Question 11

Step 4: Collective Bargaining

Answer 11

• -formal collective agreement is established

- -parties must bargain in good faith

Question 12

Canada’s Labour Laws: Common Characteristics

Answer 12

• -union certification procedures
• -minimum one-year collective agreements
• -procedures preceding legal strike/lockout
• -no strikes/lockouts during life of contract
• -interpretation disputes settled by arbitration
• -prohibition of unfair labour practices
• -establishment of labour relations board

Question 13

Face-to-Face Negotiations

Answer 13

Location:

• -neutral, off-site location
• -each side holds separate caucus sessions

Frequency:
–as often as either or both parties desire

Duration:
–as long as progress is being made

Question 14

Face-to-Face Negotiations: Distributive Bargaining

Answer 14

a win–lose negotiating strategy where one party gains at the expense of the other.

Question 15

Face-to-Face Negotiations: Integrative Bargaining

Answer 15

using mutual trust, finding creative solutions

a negotiating strategy in which the possibility of win–win, lose–win, win–lose, and lose–lose outcomes is recognized, and there is acknowledgement that achieving a win–win outcome will depend on mutual trust and problem solving.

Question 16

Face-to-Face Negotiations: Mutual Gains (interest-based) Bargaining

Answer 16

• effective problem solving and conflict resolution
• interests of all stakeholders considered
• a win-win negotiating approach based on training in the fundamentals of effective problem solving and conflict resolution, in which the interests of all stakeholders are taken into account.

Question 17

Contract Approval Process : Memorandum of Settlement

Answer 17

• -summary of terms/conditions agreed to by the parties that is submitted to the constituent groups for final approval.
• -submitted for final approval by employees and management

Question 18

Contract Approval Process : Ratification

Answer 18

–formal approval by secret ballot of the bargaining unit members of the agreement negotiated between union and management.

Question 19

Third-Party Assistance and Bargaining Impasses : Conciliation

Answer 19

mandatory use of neutral third party to bring union and management together to negotiate

• third party who has no direct input on the negotiation process to help an organization and the union representing a group of its employees communicate more effectively with the aim of coming to a mutually satisfactory collective agreement.

Question 20

Third-Party Assistance and Bargaining Impasses : Mediation

Answer 20

voluntary use of neutral third party to help to reach a mutually satisfactory collective agreement

Question 21

Third-Party Assistance and Bargaining Impasses: Union rights:

Answer 21

strike, picket ( usually employees carrying signs and entrances and exits of establishment that is on strike) , boycott ( refusal to buy or use products or services of the organization on strike)

Question 22

Third-Party Assistance and Bargaining Impasses: Management rights:

Answer 22

lockout

Question 23

Grievance

Answer 23

a written allegation of a contract violation, filed by individual bargaining unit member , the union, or management

Question 24

Rights Dispute

Answer 24

a disagreement between an organization and the union representing its employees regarding the interpretation or application of one or more clauses in the current collective agreement.

Question 25

Rights Arbitration

Answer 25

process of resolving a rights dispute

Question 26

Impact of Unionization on HRM : Building effective labour-management relations:

Answer 26

- institute an open-door policy - extend the courtesy of prior consultation - demonstrate concern for employee well-being - form joint committees, joint training programs - meet regularly - use third-party assistance - 31.5% of Canadian as of 2010 are unionized and declining (manufacturing)

Question 27

collective bargaining

Answer 27

negotiations between a union and an employer to arrive at a mutually acceptable collective agreement.

Question 28

labour relations strategy

Answer 28

a component of an organization's HR strategy specific to the overall plan for dealing with unions, which sets the tone for its union-- management relationship.

Question 29

business unionism

Answer 29

the activities of labour unions focusing on economic and welfare issues, including pay and benefits, job security, and working conditions.

Question 30

social (reform) unionism

Answer 30

activities of unions directed at furthering the interests of their members by influencing the social and economic policies of governments at all levels, such as speaking out on proposed legislative reforms

Question 31

craft union

Answer 31

traditionally, a labour organization representing workers practicing the same craft or trade, such as carpentry.

Question 32

Industrial union

Answer 32

a labour organization representing all workers eligible for union membership in a particular in a particular company or industry, including skilled trades people.

Question 33

local

Answer 33

a group of unionized employees in a particular location

Question 34

union steward

Answer 34

a union member elected by workers in a particular department or area of a firm to act as their union representative

Question 35

authorization card

Answer 35

a card signed by an employee that indicated his or her willingness to have the union act as his or her representative for purposes of collective bargaining.

Question 36

certification

Answer 36

the procedure whereby a labour union obtains a certificate from the relevant LRB declaring that the union is the exclusive bargaining agent for a defined group of employees in a bargaining unit that the LRB considers appropriate for collective bargaining purposes.

Question 37

representation vote

Answer 37

a vote conducted by the LRP in which employees in the bargaining unit indicate, by secret ballot, whether or not they want to be represented, or continue to be represented , by a labour union.

Question 38

pre-hearing vote

Answer 38

an alternative mechanism for certification, used in situations in which there is evidence of violations of fair labour practices early in the organizing campaign

Question 39

decertification

Answer 39

the process whereby a union is legally deprived of its official recognition as the exclusive bargaining agent for a group of employees.

Question 40

caucus session

Answer 40

a session in which only the members of one's own bargaining team are present.

Question 41

bargaining zone

Answer 41

the area defined by the bargaining limits (resistance points) of each side,in which compromise is possible, as is the attainment of a settlement satisfactory to both parties.

Question 42

strike

Answer 42

the temporary refusal by bargaining unit members to continue working for the employer

Question 43

strike vote

Answer 43

legally required in some jurisdictions, it is a vote seeking authorization from bargaining unit members to strike if necessary. A favorable vote does not mean that a strike is inevitable.

Question 44

picket

Answer 44

stationing groups of striking employees, usually carrying signs, at the entrances and exists of the struck operation to publicize the issues in dispute and discourage people from entering or leaving the premises.

Question 45

boycott

Answer 45

an organized refusal of bargaining unit members and supporters to buy the products or use the services. of the organization whose employees are on strike in an effort to exert economic pressure on the employer.

Question 46

lockout

Answer 46

the temporary refusal of a company to continue providing work for bargaining unit employees involved in a labour dispute, which may result in closure of the establishment for a time.

Question 47

wildcat strike

Answer 47

a spontaneous walkout, not officially sanctioned by the union leadership, which may be legal or illegal, depending on its timing

Question 48

arbitration

Answer 48

the use of an outside third party to investigate a dispute between an employer and union and impose a settlement.

Question 49

interest arbitration

Answer 49

the imposition of the final terms of a collective agreement

Question 50

interest dispute

Answer 50

a dispute between an organization and the union representing its employees over the terms of a collective agreement.

Question 51

union recognition clause

Answer 51

clarifies the scope of the bargaining unit by specifying the employee classifications

Question 52

union security clause

Answer 52

the contract provisions protecting the interests of the labour union, dealing with the issue of membership requirements and, often, the payment of union dues.

Question 53

closed shop

Answer 53

only union members in good standing may be hired by the employer to perform bargaining unit work.

Question 54

union ship

Answer 54

membership and dues payment are mandatory conditions of employment.

Question 55

maintenance-of-membership arrangement

Answer 55

individuals voluntarily joining the union must remain members during the term of the contract.

Question 56

Rand formula

Answer 56

all members of the bargaining unit pay union dues, but employees have the choice to join the union or not.

Question 57

open shop

Answer 57

union membership is voluntary and non-members are no required to pay dues.

Question 58

seniority

Answer 58

length of service in the bargaining unit.