1
Q
List: workplace factors affecting unionization (8)
A
- Compensation
- Fairness, equity
- Job security
- Working conditions
- Workload
- Voice in policymaking
- Complaint mechanism
- Employer policies
2
Q
List: external factors affecting unionization (2)
A
- Attitudes toward unions
- Economic factors
3
Q
List: ways bargaining rights can be obtained (2)
A
- Voluntary recognition agreement
- Certification process
4
Q
List: the fourfold test to determine if an employment relationship exists (4)
A
- Control
- Ownership of tools
- Chance of profit
- Possibility of loss
5
Q
List: employees excluded from unionization (4)
A
- Independent contractors
- Managerial exclusion
- Employees involved in labour relations
- Occupational exclusions
6
Q
List: factors determining the identity of the employer (7)
A
- The party exercising direction and control over the employees performing the work
- The party bearing the burden of renumeration
- The party imposing any discipline
- The party hiring the employees
- The party with the authority to dismiss the employees
- The party who is perceived to be the employer of the employees
- The existence of any intention to create the relationship of employer and employee
7
Q
Define: unfair labour practices
A
Conduct by union, employer or employees that is prohibited by legislation. Can vary by jurisdiction.
8
Q
List: employer conduct considered unfair labour practices (4)
A
- Threats, intimidation, and coercion
- Interference or influence by employer
- Changes in working conditions
- Statutory freeze
9
Q
List: employer conduct considered permissible (NOT considered unfair labour practices) (3)
A
- Communicating with employees
- Prohibiting entry by union
- Prohibiting solicitation by union
10
Q
List: union conduct considered unfair labour practices (2)
A
- Intimidation, threats or coercion to compel a person to become or cease to be a member of a trade union
- Solicitation of union support during working hours
11
Q
List: remedies for unfair labour practices (4)
A
- Reinstatement of discharged employees
- Compensation or damages
- Notice to employees
- Access
12
Q
Ordered list: unfair labour practices procedure (4)
A
- Complaint filed with Labour Relations Board
- Attempt to settle complaint
- Hearing before Labour Relations Board
- Board decision
13
Q
Define: de-certification
A
Process by which a Labour Relations Board revokes the right of union to represent employees and bargain
14
Q
Define: successor rights
A
The purchaser of a business is bound by the certification of union and existing collective agreement.
15
Q
List: importance of collective agreements (6)
A
- Workplace control and profitability
- Wages and benefits
- Seniority, layoffs, promotions
- Grievance and arbitration process
- Rights of the union
- Cost and availability of services
16
Q
List: mandatory terms of a collective agreement (3)
A
- Prohibition against strikes and lockouts during term of the agreement
- Arbitration provision for agreement administration
- Minimum term of one year
17
Q
What is included in the Recognition section of a collective agreement?
A
- Scope clause
- Union as bargaining agent
- Describe terms of unit location and jobs
18
Q
What is included in the Grievance and Arbitration Procedure section of a collective agreement?
A
- Defines a grievance
- Grievance procedure
- -Steward
- -Arbitration
- Types of grievances
- -Individual grievance
- -Group grievance
- -Policy grievance
- Time limit
- -Mandatory time limit
- -Directory time limits
- Probationary employees
- Forms of arbitration
- Problems with arbitration
- -Expediated arbitration
19
Q
What is included in the Bargaining Unit Work section of a collective agreement?
A
- Work normally done by employees in bargaining unit
- Assigning work to employees outside the bargaining unit
- Including outside employees in the bargaining unit
20
Q
What is included in the Strikes and Lockouts section of a collective agreement?
A
Strike: refusal to work by bargaining unit members
Lockout: employer’s refusal to allow employees to work
-Both prohibited during term of collective agreement
21
Q
What is included in the Duration of Agreement section of a collective agreement?
A
- Minimum one year
- Two of three year more common
- Employers seek longer terms
- Unions seek shorter terms to increase chance of improvements
22
Q
What is included in the Union Security section of a collective agreement?
A
- Union dues
- Union membership
- -Rand formula or agency shop
- -Closed shop
- -Union shop, modified union shop
- -Maintenance of membership
- -Open shop
23
Q
What is included in the Management Rights section of a collective agreement?
A
- Reserved or residual rights
- Extent of restriction
- Good faith
- Sound business reason
- Short form
- Long form
24
Q
What is included in the Contracting Out section of a collective agreement?
A
- Restrictions
- Extent of restriction
- Good faith
- Sound business reason
- Not related to restriction on bargaining unit
25
What is included in the Discipline and Discharge section of a collective agreement?
- Management rights article
- Just cause article
- Union representation
- Notice and reason
- Time limits
- Sunset clause (record of discipline)
26
What is included in the Discrimination section of a collective agreement?
- Confirmation of legislation
- Listing grounds of discrimination prohibited
- -May be broader than legislation
- -Elimination of bona fide occupation requirements
27
What is included in the Seniority section of a collective agreement?
- Definition
- -Length of service with employer
- -Competitive status re: jobs
- -Benefit status re: entitlements
- Application to workplace
- -Unions: seniority for more workplace issues
- -Employers: seniority for fewer workplace issues
- -Super-seniority
- Termination
- -Leaving bargaining unit
- -layoffs and recall period
- -Deemed termination
- Accumulation during leave
- Application
- -Layoffs (bumping rights)
- -Recalls
- -Job vacancies
- --Sufficient ability clause
- --Relative or competitive ability clause
- --Hybrid seniority
28
What is included in the Health & Safety section of a collective agreement?
- Legislation
- Employer and Employee obligations
- Canadian Centre for Occupational Health & Safety
- Joint Health and Safety Committee
- Additional provisions
29
What is included in the Wages section of a collective agreement?
- Job classification
- Rate and increase
- Change in classifications
- Additional allowances
- Cost-of-living allowances
30
What is included in the Benefits section of a collective agreement?
- Benefits provided
- Included in agreement or not
- Detailed in agreement or not
- Arbitration mechanism
- Employee contribution
- How disputed are resolved
- -Claims to insurer
- -Grievance and arbitration
- To avoid grievance and arbitration, benefits should not be referenced in the collective agreement
- Benefits as compensation or not
31
What is included in the Hours of Work and Scheduling section of a collective agreement?
- Shift length and schedule
- Minimum number of hours
- Lunch and break periods
- Notice for shift change
- Additional pay
32
What is included in the Overtime section of a collective agreement?
- Restrictions
- Definition
- Distribution
- Additional compensation
- Remedy for errors
33
What is included in the Technological Change section of a collective agreement?
- Regulation through legislation
- Protecting against job loss
- Period of notice
- Job guarantees
- Re-training
- Preferences in future openings
34
What is included in the Leave section of a collective agreement?
- Jury duty
- Bereavement leave
- Maternity leave
- Parental leave
- Sick leave
- Union leave
- Personal leave
35
What is included in the Union Business section of a collective agreement?
- Information to employees
- Bulletin board for information
- Office space for steward
- Meetings during working hours
- Grievance investigation during working hours
36
List: distinctive features of labour negotiations (4)
- Ongoing relationship
- Large number of issues
- Legislative requirements
- Agreement requires approval of constituents
37
Define: centralized bargaining
Negotiations that cover more than one location, bargaining unit, or employer
38
Define: industry bargaining
One negotiation covers all employees in an industry
39
Define: decentralized bargaining
Negotiations between one employer and one union for one location
40
List: types of union-management relationship (5)
- Conflict
- Containment-aggression
- Accommodation
- Cooperative
- Collusion
41
List: factors affecting the union-management relationship (4)
- External economic, technological, and legal factors
- Personalities of leaders
- Beliefs and values of leaders
- Experience with collective bargaining
42
Ordered list: Collective bargaining negotiation process
1. Notice to Bargain
2. Bargaining teams selected
3. Preparation of demands
4. Negotiation meetings
- If agreement reached, skip 5/6
5. Conciliation / Mediation
- If agreement reached, skip 6
6. Strike/Lockout and/or arbitration
7. Agreement (or impasse)
43
List: factors affecting union demands (7)
- Experience with the collective agreement
- Grievances and complaints filed by bargaining unit members
- Arbitration decisions
- Input from bargaining unit members
- Input from national or international unions
- Economic forecasts
- Contract settlements, industry and local
44
List: factors affecting employer demands
- Experience with the collective agreement
- Grievances and arbitration decisions
- Feedback from managers
- Business plans
- Economic forecasts
- Contract settlements, industry and local
45
Ordered list: stages of negotiation
1. Establishing the negotiation range
2. Search phase
- Monetary issues
- Non-monetary issues
3. Crisis phase
46
List: bargaining actions deemed to be in bad faith (10)
- Surface bargaining
- Refusal to meet
- Objections to composition of a bargaining team
- Unlawful strike or lockout threats
- Circumventing the union
- Failing to provide information
- Failing to explain proposals
- Changing position without justification
- Last minute demands
- Illegal demands
47
What is first contract arbitration?
The imposition of an agreement where efforts to reach a first contract have failed.
-Availability: determined by legislation
-Contents of agreement: made by LRB or arbitrator
-Significance: prevents unreasonable terms
Tends to be pro-union compared to USA.
48
List: factors affecting the employer's bargaining power (7)
- Inventory levels
- Interdependence of bargaining unit
- Competitive position of employer
- Time of negotiations
- Ability to continue operations
- Bargaining structure
- Public opinion
49
List: factors affecting the union's bargaining power
- Support of bargaining unit members
- Size of strike fund
- Timing of a strike
- Effectiveness of a strike
- Effect of picketing
- Labour cost / total cost
- Elasticity of demand for product or service provided by employer
- Public opinion
50
List: types of negotiations (2)
- Distributive bargaining
| - Integrative bargaining
51
List: four principals of interest-based bargaining (4)
- Separate the people from the problem
- Focus on interests, not positions
- Invent options for mutual gain
- Insist on using objective criteria
Labour & Industrial Relations
flashcards
Decks in class (4)
# Cards
