Chapter 8 Flashcards

Negotiation of the collective agreement between union and management. Students will learn about the dynamic relationship between both parties and the implications of relationship between both parties on the outcome of negotiations and bargaining. (50 cards)

1
Q

What is the definition of a ‘bargaining structure’ in labour relations?

A

It is the number of unions, employers, and establishments involved in contract negotiations.

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2
Q

What is the minimum requirement for parties involved in contract negotiations?

A

At least one employer and one union representing employees at one location.

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3
Q

Negotiations that cover more than one location, bargaining unit, or employer are known as _____ bargaining.

A

centralised

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4
Q

What is ‘industry bargaining’?

A

A centralised bargaining structure where one negotiation covers all employees in an industry.

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5
Q

What term describes negotiations between one employer and one union for a single location?

A

Decentralised bargaining.

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6
Q

How can labour relations boards in Canada influence bargaining structures towards decentralisation?

A

By deciding on the appropriateness and certification of specific union bargaining units.

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7
Q

What is ‘whipsawing’ as a negotiation tactic?

A

It involves establishing an agreement with one party and then using that agreement to pressure others.

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8
Q

What is ‘pattern bargaining’?

A

It occurs when a union negotiates an agreement with one employer and then attempts to have it copied with other employers.

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9
Q

Which subprocess of negotiation concerns the division of limited resources between parties?

A

Distributive bargaining.

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10
Q

Which subprocess of negotiation occurs when parties�?? objectives are not in conflict and joint gain is possible?

A

Integrative bargaining.

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11
Q

The negotiation subprocess that focuses on the parties�?? relationship and what they do to change it is called _____.

A

attitudinal structuring

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12
Q

What is ‘intra-organizational bargaining’?

A

The activities within each side (union or management) to build a consensus on negotiation strategy and goals.

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13
Q

Name one of the key external factors that can determine the union-management relationship.

A

External economic, technological, or legal factors.

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14
Q

Besides external factors, what are three other elements that help determine the union-management relationship?

A

Personalities of leaders, beliefs and values of leaders, and experience with collective bargaining.

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15
Q

During the negotiation process, what is a ‘statutory freeze’?

A

A period during which an employer cannot change the terms and conditions of employment.

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16
Q

Name three factors that typically affect the demands a union brings to negotiations.

A

Grievances, arbitration decisions, input from members, economic forecasts, or other contract settlements.

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17
Q

Name three factors that typically affect the demands an employer brings to negotiations.

A

Feedback from managers, strategic business plans, economic forecasts, or other contract settlements.

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18
Q

What is a ‘caucus’ in the context of bargaining meetings?

A

A separate meeting of members of either the union or management team to discuss strategy or decisions.

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19
Q

What is the primary goal of Stage 1 of bargaining team meetings?

A

Establishing the negotiation range.

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20
Q

What are the two types of issues typically addressed during the ‘search phase’ (Stage 2) of negotiations?

A

Non-monetary issues and monetary issues.

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21
Q

What is the legal ‘duty to bargain in good faith’?

A

The requirement that both the union and employer must make reasonable efforts to reach an agreement.

22
Q

Distinguish between ‘hard bargaining’ and ‘surface bargaining’.

A

Hard bargaining is a legitimate attempt to obtain a favourable agreement, while surface bargaining is an illegitimate attempt to avoid reaching an agreement at all.

23
Q

Concealing important information or engaging in deception during negotiations are examples of what?

A

Actions deemed to be bargaining in bad faith.

24
Q

Refusing to justify a bargaining position is considered an action of ____ ____.

25
What is 'first contract arbitration'?
The imposition of an agreement by a third party (arbitrator or board) when the union and employer have failed to reach a first contract.
26
What is the primary significance of having first contract arbitration available?
It prevents employers from imposing unreasonable terms or refusing to bargain after a union is certified.
27
In distributive bargaining, what is a 'resistance point'?
A negotiating party�??s bottom line�??the least favourable offer it will accept.
28
In distributive bargaining, what does a 'target point' represent?
The result a negotiating party ideally hopes to achieve.
29
What is an 'initial position' in distributive bargaining?
It is the party�??s first offer or demand made in the negotiations.
30
Referring to the negotiation diagram, what is the 'Potential Settlement Zone' or 'Contract Zone'?
The range between the union's resistance point and the management's resistance point where an agreement is possible.
31
What happens if there is no overlap between the resistance points of the management and the union?
No settlement is possible without one or both parties adjusting their resistance point.
32
How do inventory levels affect an employer's bargaining power?
High inventory levels increase employer power, as they can withstand a strike for longer without losing sales.
33
How does the ability to continue operations during a strike affect an employer's bargaining power?
If an employer can continue operations using management or replacement workers, their bargaining power is significantly increased.
34
How does public opinion influence an employer's bargaining power?
Negative public opinion can pressure an employer to settle, reducing their bargaining power.
35
What factor related to finances significantly affects a union's bargaining power?
The size of its strike fund, which determines how long it can support striking members.
36
How does the timing of a strike influence a union's bargaining power?
A strike during a peak business season is more effective and thus increases the union's power.
37
How does the elasticity of demand for a product affect a union's bargaining power?
If demand is inelastic (consumers will buy it anyway), the union has more power as the employer can pass wage costs to consumers.
38
What is a 'Memorandum of Settlement'?
A document that sets out the terms of the tentative agreement reached by the bargaining teams.
39
What is a 'ratification vote'?
The process by which employees in the bargaining unit vote to approve or reject a tentative agreement.
40
What is a key criticism of traditional distributive bargaining regarding its outcome?
It often leaves the perception that there has been a 'winner' and a 'loser'.
41
How can traditional distributive bargaining negatively affect the long-term union-management relationship?
It may harm the relationship between representatives, with negative consequences for future negotiations and contract administration.
42
Interest-based or mutual gains bargaining is an alternative to what traditional approach?
Traditional distributive bargaining.
43
According to the diagram, what are the five types of union-management relationships, from most to least adversarial?
Conflict, Containment-aggression, Accommodation, Cooperation, and Collusion.
44
What is the final phase of bargaining meetings, where pressure to settle is highest?
The crisis phase (Stage 3).
45
Deliberately provoking the other party during bargaining is an example of what prohibited practice?
Bargaining in bad faith.
46
Not giving the negotiation team the power to make decisions is an action deemed to be in _____ _____.
bad faith
47
What is the significance of the bargaining structure on the negotiation process and outcomes?
It can affect the process, contract terms, incidence of strikes, and the overall union-management relationship.
48
What is one potential benefit of centralised bargaining?
It might reduce the costs of contract negotiation because fewer negotiations are involved.
49
What factor related to the business's market position affects an employer's bargaining power?
The competitive position of the employer; a stronger position means more bargaining power.
50
How does the effectiveness of picketing impact a union's bargaining power?
Effective picketing that disrupts operations or gains public support increases the union's power.