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Labour Relations > Chapter 4 and 6 > Flashcards

Chapter 4 and 6 Flashcards

1
Q

what is union density

A

% of non-agricultural workers who are union member (this is not the same as % covered by a collective agreement)

formula: (how many people joined union/size of population) x100%

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2
Q

The rate of union density varies by what 2 things

A

province (Quebec highest and Newfoundland, lowest in Alberta)

jurisdiction (higher in utilities and public admin, transportation, lower in banking accommodation, food)

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3
Q

are coverage and union density the same thing

A

no bc you can not join the union but still be covered by the collective agreement

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4
Q

Why is union density higher in Canada than in the US

A

political environment with parties like the NDP could be more in favour of unionization

legislation that is more favourable to unions: in Canada after signing the card they can go right to the secret voting, but in the US there is some time in between so employer can do more to stop it

more union security provisions aka no right to work legislation

stricter enforcement of labour legislation

more union opposition in the US

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5
Q

what are the 4 characteristics of union members

A

more full time members than part time

increase in female membership

youth less unionized because they want pay for performance not seniority

many have post-secondary education

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6
Q

What are the 4 types of unions

A

craft

industrial

private sector

public sector

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7
Q

what is a craft union

A

members from a particular trade or occupation (skilled workers with particular skill such electricians, plumbers, etc.)

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8
Q

what is an industrial union

A

organizes all workers in different occupations in a firm (both skilled and non-skilled)

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9
Q

what are 4 of the union’s objectives

A

improve terms and conditions of work

protection against arbitrary management actions, so management can’t take unilateral action against union members

Providing a process for conflict resolution and employee input

Pursuing social and economic change

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10
Q

what is the primary union objective

A

Increase compensation and working conditions

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11
Q

What is a local union and what are its features

A
  • consists of those who work for one employer in a municipality
  • Each local will have its own collective agreement with the employer
  • Local will elect its own officers (including president, secretary, treasurer, stewards)
  • Has its own bylaws and constitution (how they’ll select president, secretary, and treasurer)
  • Local sets dues to be paid
  • Use of committees for a variety of issues
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12
Q

a local union not affiliated with any other national union is called what?

A

an independent local union

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13
Q

T/F every local union has to follow the overall guidance from the national union

A

T

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14
Q

What are the 9 key functions of local unions

A
  1. Administration of the collective agreement
  2. Collection and processing of union dues
  3. Representation at grievances and arbitration
  4. Collective bargaining on local issues
  5. Training and education of members (local union will provide some sort of training, for example if you have certain grievance or issues, there is a process to fill out the forms, local union leaders can help you fill out the forms to submit a grievance)
  6. Community service
  7. Political action: liaise with local political leader (mayor, councillor) to make policies in favour of them
  8. Operation of a hiring hall: operations when employer hire employees and union locals look at those applications then forward to employer
  9. Organizing workers
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15
Q

What is a national union vs an international union

A
  • National union: membership only in Canada (National UFCW)
  • International: members in Canada and U.S. – headquarter in one country – usually the U.S.
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16
Q

T/F * International affiliation is going down because most part of the national level and not international

A

T

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17
Q

what are elements of a national/international union

A

Will have a constitution that regulates things like:
how union officers are elected,
conduct of negotiations,
authorization of strikes,
penalties for certain conduct which the local union will follow

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18
Q

how are national officers elected in national/internal unions?

A
  • Conventions held to which locals send delegates (national conventions, all local leaders go and decide who will be the national president, treasurer)
  • National officers elected at conventions, and union policy issues determined, based on local agreement and support they’ll make changes
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19
Q

What is trusteeship and what occurs in it

A

when a national or international union takes control over a local union if the local union is not following the guideline of the national unions or there is mistrust in the local union

20
Q

What the the 6 key functions of national and international unions

A
  1. Assisting locals with contract negotiations by providing guidelines for the local to follow when negotiating contract
  2. Assisting locals with grievances –> tells local union how to proceed
  3. Providing education and training to union members
  4. Providing strike assistance to locals (when the locals go one strike, national union may be able to give some financial assistance) and can also advise when to declare strike (such as when public sentiment will not support it)
  5. Engaging in political activity (national leaders of unions very powerful) lobbying with political members MPs and government to make changes to legislations in favour of unions

6.Organizing workers (common for all levels of unions local, provincial, national, international). This means that every level will have an affiliated member below them (national –> local –> union members)

21
Q

What are labour federations or congresses

A
  • Associations of unions who come together to promote union interests and to serve member unions regarding important issues
22
Q

What is the Canadian labour congress (CLC)

A

Largest national labour organization made up of national and international unions, and a small number of directly chartered unions

23
Q

What are the 7 key functions of the CLC

A
  1. Lobbying the federal government regarding employment and labour relations legislation
  2. Pursuing economic and social policy s at the federal level
  3. Managing jurisdictional disputes between unions, including issues of raiding.
  4. Enforcing the CLC code of conduct for all national unions to follow
  5. Education
  6. Research and analysis
  7. Maintaining links with labour movements in other countries.
24
Q

What are provincial labour federations? What are the 5 activities they are involved in?

A

like the CLC but on provincial level, associations of unions on provincial level

  1. Lobbying provincially regarding employment and labour relations legislation.
  2. Pursuing economic and social policies favourable to workers
  3. Conducting research on workplace issues particularly in the province
  4. Educating members
  5. Providing support during strikes/lockouts
25
Q

What are labour councils?

A
  • An association of unions in a municipality or region
  • Represented by local union delegates – elected officers who do Council’s work
  • Work to advance interests of unions at the regional or municipal level
26
Q

What does union fragmentation mean in Canada

A

Canada has a large number of small unions

27
Q

What are 4 trends we see in Canada for unions

A

union fragmentation: large number of small unions

small number of large unions

movement aware from international to national unions

unionization of the public service also increased representation by national union

28
Q

What are 8 reasons employees decide to unionize?

A
  • Poor supervision
  • Improved compensation
  • Perceived fairness/inequity when comparing one’s compensation/benefits to others

*To obtain increased job security

  • To improve working conditions
  • To address increased workload issues
  • To obtain input/voice for policy decisions

*To obtain a mechanism for addressing complaints

29
Q

Why would employees not want to unionize

A
  • Don’t want to pay union dues

*Don’t agree with support by union of certain political parties or social causes

  • Fear of strikes
  • Loyalty to employer
  • Concern that with union, workplace would become more adversarial
  • Prefer to be paid and promoted based on merit and not seniority
  • Perception that unions protect lazy and/incompetent people
  • Perception that there is more flexibility without union (when terms and conditions are signed in collective agreement you cannot negotiate)
  • Fear of retaliation by employer during union organizing drive
  • Fear of job loss if employer shuts down or relocates operations due to unionization

*lack of opportunity

30
Q

What are some external factors that affect unionization

A

economic factors such as inflation, unemployment rate: when economic factors are bad, likelihood of unionization is higher

attitudes towards unions shaped by family, media

31
Q

What are the 2 ways a union can obtain bargaining rights?

A

Voluntary recognition agreement between the union and the employer where the employer accepts that the union will represent their employees

certification process where union applies to labour relations board with documentation

32
Q

What is the process of a union certification process

A
  1. organizing campaign:union works to get sufficient number of signed membership card of employees whose job is eligible for unionization, whatever percentage is required for that province.
  2. The union files an application for certification with the labour board. during this time a statutory freeze occurs.
  3. the labour board determine 4 things:
    a) if the union has trade union status

b) that the application for certification is timely (e.g you’re not trying to represent the employees during a time they are already being represented by another union)

c) the application relates to an appropriate bargaining unit or community of interest (all jobs that are eligible are included, and all that aren’t are not)

d) the union has the required level of support (certain % has to sign the card, and in some also has to have a certain % vote yes)

  1. If the union meets/doesn’t meet the criteria they can accept or reject application
33
Q

What is a statutory freeze? why does it happen?

A

once a union submits an application for certification, the employer is not allowed to make any changes to the terms and conditions of employment.

it happens because in provinces where the union needs signing of the card and then an additional secret vote, it will not allow the employer to make the situation more favourable so that employees change their mind and don’t vote for unionization

34
Q

What are the 4 broad categories for who cannot be a union member?

A
  1. independent contractor
  2. managerial employees
  3. employee working in a confidential capacity relating to labour relations, such as an HR staff or the assistant to senior management
  4. occupations in certain jurisdictions (doctors, engineers)
35
Q

What are some elements in the significance of the nature and size of a bargaining unit

A

a smaller bargaining unit may be easier to certify than a larger one, which is harder to organize

a larger bargaining unit may have more power than a smaller one

collective bargaining takes longer for a larger bargaining unit because more people = more priorities

centralized union cost is less, decentralized is more

36
Q

T/F the legislation prohibiting unfair labour practices applies beyond the certification process but into the bargaining process and into the administration of collective agreement

A

T

37
Q

What are some examples of unfair labour practices from an employer during certification?

A

participating in/interfering with formation of a union

refusing to employ or discriminating on basis of union membership

Imposing conditions of employment to restrain employees from becoming a union member

Threats, intimidation regarding joining a union

violating the statutory freeze

taking action against employee for exercising rights under labour relations legislation

38
Q

What are 7 things employers are allowed to do during an organizing drive

A
  1. prohibit entry of non employees
  2. prohibit entry of employee during off hours if it was already a rule
  3. establish rules that prevent solicitation of union membership during working hours
  4. communicate with employees about unionizing and existing practice in a non threatening way
  5. change working conditions prior to statutory freeze
  6. change working condition during statuary freeze if they are part as business as usual
  7. respond to union claims
39
Q

what are examples of unfair practices from the union during certification

A

coerce, or threaten employees into joining a union

solicitation of union support during working hours

40
Q

what is the process for dealing with unfair labour practices?

A

1.employer/union files a complaint with labour relations board

2.labour relations board official attempts to settle complaint, most are settled without a hearing

3.if not settled, LRB holds a hearing and determine the remedy if it finds there has been unfair labour practice

41
Q

Examples of remedies the LRB can use for unfair labour practices

A

cease and desist orders

reinstatement of dismissed employee

compensations to innocent party for financial losses

allow union to meet employee on company property during working hours

reverse changes management tried to make during statutory freeze

certification without a vote

42
Q

what is decertification and How does union decertification work?

A

termination of a union’s right to represent employees. It’s the same process where same member and necessary percentage will sign off and submit to the labour relations board that union in effective. An example of an ineffective union is failure to submit charter of demand. The LBR will check the documents and make a decision.

43
Q

Successor rights

A

means that If the business is sold the labour legislation says that the new purchaser is bound by the existing collective agreement and the union continues to represent the employees

44
Q

what does trade union status mean

A

means that its not interest of management, separate from management interests

45
Q

What is the 4 parts of 4 fold test for independent contractor

A

Control
Tools
Assumption of risk
Opportunity of profit

46
Q

What are 3 reasons a union cam be decertification

A

Certification was based on fraud
Failure to provide notice of bargain
Failure to reach agreement

Labour Relations (3 decks)

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