Exam Review

Question 1

How do we define labour relations?

Answer 1

Labour relations is defined asthe relationship between a union and an employer in a work environment.

Question 2

Does it matter whether we define the labour relations narrowly or more broadly?

Answer 2

A narrow definition creates separation between unionized workplaces and non-unionized workplaces.

Question 3

Differences between unionized and non-unionized workplaces

Answer 3

• laws that effect one workplace and not the other, or affect them differently.
• employment relationship changes in unionized workplace
• Workers gain different avenues to advocate for their rights when unionized
• state takes a new approach to its role when a workplace is unionized

Question 4

Does labour relations bring a different perspective to work than human resource management?

Answer 4

Human resource management can refer to a unionized workplace, but also an ununionized workplace. In a unionized workplace, human resource management can include contract workers, volunteers and other types of employees. The difference in perspective is that human resource management encompasses the relationship between the entire workplace and the organization. While labour relations focus on the unionized workers and the employer’s relationship.

Question 5

How would you describe the “average” unionized worker in Canada, given the information provided in the reading

Answer 5

The average unionized worker in Canada:

• works in Ontario
• is female
• works full time
• is aged between 25 and 44, has a post-secondary certificate or diploma
• works in the public sector in the service producing industry
• has a job in social science, education, government service, and or religion
• has a workplace size of 20 – 99 employees.

Question 6

What are some of the reasons to study labour relations?

Answer 6

• in many unionized workplaces or occupations, union membership is a prerequisite to employment
• people who are not union members sometimes have to interact with a unionized organization or with unionized workers.
• legislation makes unionization an option for workers who are dissatisfied with their treatment and want their employer to formally address their concerns.
• learning about the history of unionization in Canada helps one understand how the modern Canadian workplace has reached its current form
• for anyone considering human resource management as a career, a working knowledge of industrial relations is a definite asset
• an individual may be so opposed to unions that he or she wishes to actively resist their presence, either as an unwilling potential union member or as a manager or employer
• Work is a fundamental aspect of human life. We all perform work in some form (paid and unpaid, formal and informal).

Question 7

What are the key pieces of legislation governing labour relations in Canada?

Answer 7

• The Question of Jurisdiction
• Labour Relations Laws
• Public Sector Labour Relations Legislation
• Occupation-Specific Labour Relations Legislation

Question 8

What is labour?

Answer 8

refers to that portion of the population that trades its time for the wages necessary to support itself. It encompasses all workers who do not exercise any substantive control over how their work is organized or performed.

Question 9

What is capital?

Answer 9

Capitalists do not have to perform labour to support themselves. Rather, they support themselves by drawing income from various types of investments they have purchased with their capital (i.e., wealth in the form of money or property).

Question 10

How do labour and capital interests converge and conflict in the employment relationship?

Answer 10

Labour conflicts with capital as labourers cost the company they work for capital, which will affect how much capital capitalist will receive.

Question 11

How is employment a social, as well as an economic, relationship?

Answer 11

the employment relationship has two parties, which in our existing economic and social system are called labour and capital. An employment relationship is normally understood in economic terms. That is to say, employment is an exchange of value between workers and employers. However, employment is not only an economic relationship but also a social one. Specifically, by accepting employment, workers are accepting managerial authority and agreeing to comply with managerial rules and direction.

Question 12

What is a labour market?

Answer 12

A labour market is where employers buy and workers sell the workers’ capacity to work.

Question 13

What sorts of challenges and tasks face employers when trying to turn the capacity to work into actual work?

Answer 13

Employers face three main tasks when utilizing employees’ capacity to work:

• defining the nature of the job
• matching the employee to the job
• regulating the performance and behaviour of the employee on the job

Question 14

The wage-effort bargain relates to

Answer 14

how hard and productively the employees are going to work, given the terms and conditions of their employment contract. This is a far more intangible and problematic bargain, one that preoccupies managers and employees on a daily basis.

Question 15

What are the common law duties and obligations of employers?

Answer 15

• Work and remuneration. An employer is required to provide an employee with the wages (often called consideration) that the two parties negotiated
• Notice of termination. An employer wishing to terminate the contract must normally give the employee reasonable notice of termination
• A safe worksite. Under common law, employers are required to provide a reasonably safe system of work.

Question 16

What are the common law duties and obligations of employees?

Answer 16

• Obligations of good faith and fidelity. An employee must act in a manner that is consistent with advancing the employer’s business interests.
• The duty to obey. Once employed, the employee is the employer’s to command.
• The obligation to perform work competently. An employee must normally be able to competently perform the duties assigned by the employer.

Question 17

How do the duties and obligations differ between the employer and the employee?

Answer 17

Even a cursory glance at these rights and obligations suggests they are asymmetrical. An employer’s obligations are significantly less expansive than an employee’s, focusing largely on an exchange of money for work in pursuit of the employer’s interests.

Question 18

What do the duties and obligations differences tell us about the nature of the common law employment relationship

Answer 18

It tells us the relationship is asymmetrical, and favours the employer as the employees can see their own interests (even off-hours) being supplanted by the employer’s interests.

Question 19

Why is it important to remember that employers have purchased only a worker’s capacity to work?

Answer 19

Employers only purchase the worker’s capacity to work as it is up to the employer to turn the capacity into actual work. If the employer does not complete the three main task of unitizing capital, they will not limit the employee’s capacity to work, they will just limit the amount of service or product the employee will successfully produce.

Question 20

how does the purchase of a workers capacity relate to the basic tension between the interests of employers and those of employees?

Answer 20

Employers may want to make changes the company to make it more effect, but the changes may result in less interesting or hard work. Without a change in the bargain (I.e. increase in pay or benefits), employees may work less in order to compensate themselves. Employers will seek to maximize their output for minimum cost, while employees seek to maximize their wage while minimizing their workload.

Question 21

How do the common law rights and obligations of employers and employees affect the distribution of power in the employment relationship?

Answer 21

The laws that effect the employers are ones that talk about wages that are to be provided, notice of termination, and a safe worksite. While those that effect the employee are ones that may go against the employee’s personal interests or opinions.

Question 22

Is the law neutral or does it advantage one side?

Answer 22

The law takes the side of the employer

Question 23

How does government differ from the state?

Answer 23

Government refers to the group of authorized people who governs a country or a state. State refers to the organized political community living under a single system of government. The main difference between state and government is that state is more or less permanent whereas government is temporary

Question 24

What are the different roles the state plays in labour relations?

Answer 24

• regulative
• facilitative
• employer
• structural
• constitutive

Question 25

Regulative Role of the State

Answer 25

Regulating the relationship between employers and employees (i.e. labour law and employment law)

Question 26

Employer Role of the State

Answer 26

Employment of the public sector employees. Three quarters of which are unionized

Question 27

Facilitative Role of the State

Answer 27

the shaping of beliefs and values adhered to by the parties

Question 28

Structural Role of the State

Answer 28

shaping the economic and financial constraints to which employers are subject to
shaping labour market conditions

Question 29

Constitutive Role of the State

Answer 29

shaping and enforcing rules and rights which form the basis for economic activity in general

Question 30

How does the way the state fulfills each role affect the dynamics of labour relations?

Answer 30

A government with more pro-labour leanings will establish policies throughout the five roles that will shift the balance between employer and worker. Alternatively, a more pro-employer government (as has been the case in recent years) will tilt their policies the other direction.

Question 31

Is the state a neutral party in labour relations?

Answer 31

No, as they too are an employer

Question 32

What are the theories of the formation and function of unions historically?

Answer 32

• The Webbs: The Effects of Industrialization: separation between capital and labour, method of mutual insurance, method of collective bargaining, method of legal enactment, device of common rule, device of restriction of numbers
• Selig Perlman: Unions and the Class System: unions needing support of middle class, emphasis on “psychology of the labour
• John Commons: The Effects of the Market: influence of competitive markets on wages, influence of expanding markets; unions able to use better communication and travel to broaden membership

Question 33

What are the five ideological perspectives of labour relations? (Godard)

Answer 33

• Neo-liberal
• Managerialist
• Orthodox pluralists
• Liberal reformists
• Radical

Question 34

Which of the perspectives is seen as the dominant perspective in Canadian labour relations today?

Answer 34

Pluralism

Question 35

Why is there a debate about whether unions should be agents for social change?

Answer 35

Some argue that unions protect economic interests of workers but did not play a role in social change on behalf of workers. While others argue it was crucial for unions to push for political and economic change beyond the workplace. Unions have made changes in the past that we now view as given in the work place.

Question 36

What were some of the first Canadian unions, and who did they organize?

Answer 36

Printers, shoemakers, journeymen workmen, and shipyard workers were all rumored to be parts of the first unions and they were all craft unions

Question 37

craft union

Answer 37

The earliest attempts to organize trade unions in Canada were limited to specific geographic areas and small groups of workers, usually those in a particular trade or occupation.

Question 38

What was the response from employers and the state to union efforts in the Pre-War period?

Answer 38

the government and employers faught against unions

Question 39

What is PC 1003?

Answer 39

a wartime order-in-council (similar in effect to a law passed by Parliament in peacetime) modelled on the American Wagner Act. The provisions of P.C. 1003 included compulsory collective bargaining and the right of “employee representatives” to be certified as bargaining agents by a labour relations board, if the representatives could prove that they had sufficient support among employees in a workplace.

Question 40

Why is PC 1003 significant for Canadian trade unions?

Answer 40

The passage of P.C. 1003 led to further union organizing because of the legislative recognition of employee and union rights, and Quebec and British Columbia passed similar acts at the provincial level.

Question 41

What are some of the highlights of union history since WWII?

Answer 41

• Industrial Relations and Disputes Investigation Act passed
• Provincial labour codes in place in nearly every province
• Extensive public and para-public sector organizing
• Federal Public Service Staff Relations Act passed
• Charter of Rights and Freedoms becomes law

Question 42

What factors finally led to the passing of PC 1003 in 1944?

Answer 42

long and bitter gold miners’ strike in northern Ontario in 1941–42, during which the government was criticized for ineffectiveness, that the government took action and reworked the federal labour legislation to acknowledge the increased skills and resources that union members possessed. The government was also encouraged to be more supportive of workers by some significant provincial and federal electoral wins by the CCF; these wins clearly indicated that workers were prepared to vote for political parties friendly to labour, and might vote against governments that did not support workers’ interests

Question 43

Why did the 1950s and 1960s witness significant union growth?

Answer 43

There was union growth in 1950s and ‘60s because workers where now allowed to organize and collectively bargain freely without fear of being reprimanded. This was due to the passing of federal and provincial legislation. Also, the post-war economic effects had worn off by this time and the Canadian Labour Congress (CLC) was formed from the TLC and the CCL. In the 1960s there was additional growth as the public sector starting to extensively organised.

Question 44

What changed in the 1970s and 1980s to bring union growth to an end?

Answer 44

Unions were partially blamed as they negotiated for higher wages and also reduced employer’s ability to make employees work in the way the employers saw most efficient. The 1980s saw cuts to employment in the public sector as they were blamed for the economic problems as the sector was largely unionized.

Question 45

How are unions today different than their pre-WWII ancestors?

Answer 45

Unions are no longer targeted by the police and workers can no longer be (legally) be punished by their employers for wanted to join or form a union. Also, unions are no longer restricted to the trade unions as they are now present in the service sectors as well. Unions are also more protected now by government and provincial legislation. There is also the fact that unions in Canada are separate from American unions.

Question 46

In what ways are unions the same as the pre-WWII ancestors

Answer 46

However, there are still hostiles that exist in the labour market towards unions. Workers still fear the actions their employer will take against them, despite it no longer being legal.

Question 47

What is the core logic behind workers joining a union?

Answer 47

Alone, workers have little voice and limited ability to defend themselves against the interests of employers. They band together to create a collective voice, one that at least partially offsets the inherent power of the employer. Unions’ strength relies upon those individual workers being willing to act together (sometimes at the risk of their own self-interests).

Question 48

What are shop stewards?

Answer 48

union members who investigate individual workers’ complaints or grievances, and act as the workers’ advocate to management.

Question 49

What are union executive?

Answer 49

A group of union members elected to run a local union.

Question 50

What is a business agent?

Answer 50

This individual is responsible for handling day-to-day union functions and assisting the executive members in their jobs.

Question 51

Union is responsible for three types of bargaining-related activity:

Answer 51

• determining what outcomes the membership wants to achieve from the bargaining process
• prioritizing the desired outcomes and determines bargaining strategy
• participating in bargaining sessions with the employer

Question 52

What are parent unions?

Answer 52

The generic term for regional, national, and international unions

Question 53

What is a labour council?

Answer 53

is an organization composed of delegates from many different local unions

Question 54

Canadian Labour Congress (CLC)

Answer 54

The largest national labour federation in Canada.

Question 55

What is the basic structure of a trade union?

Answer 55

The trade union structure is composed three components:

• Local Unions
• Parent Unions
• National labour federations (CLC)/Centralized labour federations (Quebec)
• International labour federations

Question 56

What is the role of labour councils?

Answer 56

Labour councils represent workers’ interests to local government, municipal councils, boards, and commissions.

Question 57

What is the role of federations councils?

Answer 57

The CLC assists its affiliates through union education and organization, communications, political education, research and legislation, and representation on international issues.

Question 58

Why is collective action central to the logic of trade unions?

Answer 58

Alone, workers have little voice and limited ability to defend themselves against the interests of employers. They band together to create a collective voice, one that at least partially offsets the inherent power of the employer. Unions’ strength relies upon those individual workers being willing to act together (sometimes at the risk of their own self-interests). Unions are based on a logic of collective action which draws together the shared interests of individuals and uses them advance their mutual cause.

Question 59

What factors lead workers to choose to form unions?

Answer 59

There are four main factors the effect a workers support for a union:

• Personal Factors
• Workplace Factors
• Economic Factors
• Societal Factors

Question 60

Unit 2 Lesson 7

Answer 60

Needs to be studied more

Question 61

What are the key steps in an organizing campaign?

Answer 61

• The Information Meeting

- The Organizing Committee

Question 62

The Information Meeting

Answer 62

The first formal step in the organizing campaign is to plan and hold an information meeting, which takes place after working hours and off company property. During which the employees considering unionization will attempt to determine whether there are enough co-workers interested in unionization to justify holding an information meeting. If sufficient interest is perceived, one of the employees will usually ask an existing union to send a representative to a formal information meeting

Question 63

The Organizing Committee

Answer 63

If sufficient interest in unionization is apparent at the information meeting an organizing committee will be created. The organizing committee usually consists of several employees in the workplace and, perhaps, an experienced organizer from the union who can provide assistance

Question 64

What factors are most important in determining the success of an organizing drive?

Answer 64

• manner in which the campaign is conducted
• appear to be the amount of control over the campaign exerted by the employees targeted by the campaign
• the amount of participation by those employees in the campaign activities
• employer’s response to the organizing campaign can be a very strong influence on the campaign’s success or failure
• the use of rank-and-file strategies

Question 65

What are the legal steps required to achieve certification?

Answer 65

• Sufficient Membership Support

- Appropriate Bargaining Unit

Question 66

Sufficient Membership Support

Answer 66

If not enough employees in a workplace support the union problems may occur with negotiating a collective bargaining agreement
Given that union membership is established as a basic legal right it might be unfair to turn away a group of employees who want to exercise their right to form a union simply because of the size of the group.
In most Canadian jurisdictions, a certification application must be accompanied by an indication of a sufficient level of support from the employees in the proposed bargaining unit.

Question 67

Appropriate Bargaining Unit

Answer 67

Every certification application must contain a description of the bargaining unit that the proposed union is seeking to represent.  
Size and Location
Managerial and Non-Managerial Employees
- Defining an “Employee”
- Defining an “Employer”
- Defining a “Trade Union”

Question 68

The purpose of the bargaining unit description

Answer 68

1. There is sometimes concern about whether signatures in support of the certification application are valid
2. a description of the proposed bargaining unit allows a labour relations board to assess whether the proposed unit is an appropriate unit.

Question 69

What is an “unfair labour practice”?

Answer 69

An unfair labour practice is an action undertaken by an employer or, less commonly, by a union that has the effect of unduly influencing the “private decisions” made by the employee in the certification process.

Question 70

What are some examples of “unfair labour practices”?

Answer 70

demoting, disciplining, or firing employees, intimidate other employees
Employer complaints about unions’ unfair labour practices during certification attempts usually focus on union organizing activity that has taken place during prohibited times (e.g. working hours) or in prohibited locations (e.g. the employer’s premises).

Question 71

What are some of the tactics employers employ to thwart union organizing drives?

Answer 71

they can hire union busters

Question 72

Why are ULPs most common during the certification process?

Answer 72

Although unfair labour practices can occur at any point in the employer-employee relationship, they tend to occur more often during the certification process than at any other time. This is because employees are vulnerable prior to certification, since they are not yet protected by a collective agreement. After certification is granted and a collective agreement is signed, employees are protected by the terms of the agreement that govern such procedures as promotions, discipline, and dismissal.

Question 73

How do parties prepare for bargaining and set their priorities?

Answer 73

Agreeing on a set of goals and priorities can be a very challenging process for each side’s negotiating team. For the union team, part of the challenge may be to balance the different needs and wants of what is usually a diverse group of union members. For the management team, part of the challenge may be to balance the desires of various stakeholders inside and outside the organization
After bargaining issues have been identified and prioritized, each negotiating team will develop a “laundry list” of proposals, usually with the listed items ranked from the most to the least important and/or achievable.

Question 74

What actions are considered bargaining in bad faith in Canada?

Answer 74

• outright refusal to bargain
• surface bargaining (i.e., participating in negotiations but having no intention of concluding a collective agreement)
• presenting an initial offer, possibly based on an employer survey of union members, as a final offer—without any justification or rationale—and refusing to negotiate further
• firing or disciplining union members or negotiators for reasons unrelated to their performance at work, or for no reason, during the negotiation process
• the employer bargaining directly with employees rather than with the union
• refusing to provide the rationale for a bargaining position
• attempting to renegotiate terms that have already been settled

Question 75

How do intra- and interorganizational bargaining contribute to the bargaining process?

Answer 75

Collective bargaining generally begins with intra-organizational bargaining as each side (union and management) determines what is important to them. Intra-organizational bargaining indicates that there are competing interests and perspectives within both unions and management.
Negotiators have to negotiate within their organizations (intra-organizational bargaining) as well as with their counterparts on the other side (inter-organizational bargaining). In theory, each bargaining team achieves a mandate (the intra-organizational compromise) before they begin bargaining. But intra-organizational bargaining often continues during negotiations, and the course of negotiations can affect the power of various factions within unions and management.

Question 76

What are the major stages in negotiating a collective agreement?

Answer 76

• Pre-negotiation Stage
• Establishing the Negotiating Range
• Narrowing the Bargaining Range
• The Crisis Stage
• Ratification

Question 77

Pre-negotiation Stage

Answer 77

In this stage, each side determines its priorities, goals, and proposals for the upcoming negotiations.
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.

Question 78

Establishing the Negotiating Range

Answer 78

In this stage, both parties introduce their bargaining team members and present their proposals. The activities in the stage when the bargaining range is narrowed are perhaps best illustrated by the zone of agreement model.

Question 79

Narrowing the Bargaining Range

Answer 79

each team enters negotiations (if it is well prepared) with an initial offer and a bottom line position for each proposed item. The initial offer is the first proposal given to the other side and is usually the team’s most optimistic outcome for that item. This back-and-forth discussion, combined with the time each team spends in private meetings, means that narrowing the bargaining range is often the longest of all the bargaining stages.

Question 80

The Crisis Stage

Answer 80

During the crisis stage of negotiations, one or both sides must decide whether to settle or whether to use economic sanctions such as a strike or lockout to pressure the other side into agreeing to its demands.

Question 81

Ratification

Answer 81

During ratification, the negotiating teams return to the constituencies they represent and present the negotiated contract terms for the constituencies’ approval.

Question 82

What is bargaining power?

Answer 82

the actual or perceived ability of one side to get the other side to agree to its terms.

Question 83

What options (dispute resolution mechanisms) do parties have when they cannot reach a settlement through collective bargaining?

Answer 83

• Strikes or lockouts
• Mediation
• Interest arbitration

Question 84

Why do strikes and lockouts remain the most common form of dispute resolution?

Answer 84

The basic purpose of a strike or lockout is to inflict “economic pain” on the other side in a bargaining situation in order to force acceptance of bargaining demands. While both parties suffer economic pain during a strike or lockout, the goal of the party undertaking the action is to make the other party suffer more and thus be motivated to accept the first party’s bargaining demands

Question 85

Why are unions and employers reluctant to enter into interest arbitration?

Answer 85

• It is said to create a “chilling effect” in that it encourages negotiators to hold back on concessions in the expectation that the arbitrator will “split the difference.”
• It can create a “narcotic effect,” as negotiators grow reliant on the arbitrator and lose the incentive and the ability to negotiate in earnest.
• Consequently, it is rare for unions or employers to voluntarily opt for interest arbitration.
• Interest arbitration occurs mainly in the public sector, where governments have legislated away strike/lockout.

Question 86

Why do employers lock out and unions strike?

Answer 86

• strikes-as-mistakes

- strikes as collective voice

Question 87

Strikes as Mistakes

Answer 87

• that strikes or lockouts occur as a result of mistaken perceptions developed during bargaining.
• One party may misunderstand the position of the other party and thus erroneously believe there is no common ground for settlement.

Question 88

strikes as collective voice

Answer 88

• suggests that strikes and lockouts are likely to occur because there is always an element of mistrust in the union-management relationship.
• Unions and management represent different interests and have different philosophies of how the workplace should be governed.
• Thus, according to this perspective, the two parties have fundamental reasons to distrust each other, even if a specific union-employer relationship is relatively cordial.

Question 89

According to the strikes-as-collective-voice perspective, the likelihood of a strike or lockout occurring depends on several factors.

Answer 89

• Amount of worker discontent
• Extent of management’s willingness or ability to address discontent, because reducing discontent or dissatisfaction will also likely reduce the possibility of a strike.
• Whether there are other means for workers to express discontent.
• The ability of union leaders to mobilize discontent
• The social legitimacy of strikes.

Question 90

The strikes-as-mistakes perspective proposes several reasons why inaccurate perceptions develop

Answer 90

They may result from a lack of experience on the part of the bargainers, limited disclosures of information during bargaining, the complexity of the issues being negotiated, miscalculations of the other side’s position, or changes in the parties’ expectations during bargaining.

Question 91

What are some of the factors affecting the likelihood of a strike/lockout?

Answer 91

• The size of the bargaining unit
• Individual Factors
• Economic Conditions
• Legislative Restrictions
• Bargaining Process Factors

Question 92

Individual Factors affecting the likelihood of strike/lockout

Answer 92

how willing the union members are to undertake strike action, since they will individually bear a large part of the economic pain inflicted by a strike.
the history and quality of the relationship between the parties. If the parties have a history of using strikes or lockouts against each other in past bargaining disputes, this may affect the individual union members’ willingness to engage in future strikes

Question 93

Economic Conditions affecting the likelihood of strike/lockout

Answer 93

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.

Question 94

Legislative Restrictions affecting the likelihood of strike/lockout

Answer 94

federal and some provincial labour laws require several conditions to be met for a legal strike or lockout to take place.
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.

Question 95

Bargaining Process Factors affecting the likelihood of strike/lockout

Answer 95

Strikes and lockouts are sometimes used to provide a break from bargaining and an emotional release for the bargainers and the parties they represent. If tensions are running high at the bargaining table, a strike or lockout may be perceived as a way to give the parties time away from bargaining and to return with new energy and ideas.
the impact of the issues raised during bargaining. If a new issue is brought to the bargaining table, or if issues that have been presented as straightforward turn out to be complex, a bargaining team may consider taking strike or lockout action in support of its position, even if such action was not initially planned or was not historically part of the bargaining strategy.

Question 96

In what way do strikes and lockouts contribute to maintaining social stability?

Answer 96

• They compel compromise.
• They regulate conflict.
• They release frustration.
• They result in economically efficient contracts.

Question 97

strikes and lockouts compel compromise.

Answer 97

ties move from their initial bargaining positions in response to the threat or use of economic sanctions such as a strike or lockout. Without such sanctions, there is no reason for either side to alter its position.

Question 98

strikes and lockouts regulate conflict.

Answer 98

Legal strikes and lockouts are subject to regulation by the labour board. The notice periods generally required for each give the other side time to prepare for the strike or lockout.

Question 99

strikes and lockouts release frustration.

Answer 99

Although this does not sound particularly analytical, sometimes the parties just get angry with each other—especially if there has been a long, simmering issue. A strike or a lockout can vent this frustration and the economic consequences can help each side regain some perspective.

Question 100

strikes and lockouts result in economically efficient contracts.

Answer 100

Collective bargaining is fundamentally an economic contest. When matters come to a strike or a lockout, it is generally expected that the final “deal” reflects the balance of power between the two sides.

Question 101

What are the major categories (or types) of contract clauses in a collective agreement?

Answer 101

• Control of conflict and union-management relations.
• Wage-effort bargain
• Control of jobs
• Control of work behaviour and environment

Question 102

Control of conflict and union-management relations. (clauses)

Answer 102

These clauses balance the right to manage and the right to union security. They also contain provisions for resolving conflict over interpretations of the agreement.

Question 103

Wage-effort bargain (clauses)

Answer 103

These clauses balance the employer’s right to make use of the employees’ capacity to work (measured in time) with the employees’ right to be fairly remunerated for the work (measured in money).

Question 104

Control of jobs (clauses)

Answer 104

These clauses balance management’s right to flexibility and the employees’ right to job security. They include layoff provisions and seniority.

Question 105

Control of work behaviour and environment (clauses)

Answer 105

These clauses balance management’s right to expect a certain standard of work behaviour and performance with the employees’ right to be treated fairly. These expectations are often expressed in the notion of “just cause” for discipline.

Question 106

What are substantive rights?

Answer 106

rights tend to focus on the terms and conditions of employment (e.g., wages, benefits).

Question 107

What are procedural rights?

Answer 107

Procedural rights give effect to substantive rights and curtail the ability of management to act unilaterally.
Procedural rights constrain both the ability of management to act unilaterally and the ability of the union to oppose management.

Question 108

How do substantive and procedural rights interact

Answer 108

if the union has negotiated the substantive right to be consulted over layoffs, it must also place some procedural bounds on the process of consultation (e.g., when, how, and between whom the consultation must take place).

Question 109

How are disputes about the interpretation or application of the collective agreement resolved?

Answer 109

They are resolved through Grievance Arbitration

Question 110

What are the shortcomings of grievance arbitration

Answer 110

The process is slow
The involvement of lawyers, coupled with the fact that most arbitrators are also lawyers, introduces a level of formality and legalism into the arbitration process that was not intended in the initial design
The process is not cost-effective

Question 111

What are the major steps in filing and resolving a grievance?

Answer 111

1. Filing the Grievance
2. Formal Complaint and Investigation
3. The Final Attempt before Arbitration

Question 112

Filing the Grievance (filing and resolving a grievance)

Answer 112

filing of a complaint about a violation of the collective agreement. An individual, a group of employees, or the union on behalf of all employees can file a complaint.

During the first step in the grievance procedure, the parties involved are usually the individual employee, with or without a shop steward to assist him or her, and the employee’s immediate supervisor.

Question 113

Formal Complaint and Investigation (filing and resolving a grievance)

Answer 113

If a grievance is not satisfactorily resolved by the individual employee and the employer within the time limit established for the first step of the grievance procedure, the grievance will proceed to the next step: the written complaint
The grievor is not extensively involved in the second step even if he or she initiated the grievance. This is because the union, on behalf of its members, is the party that signed the collective agreement, and is therefore also the party that would allege a violation of the collective agreement.

Question 114

The Final Attempt before Arbitration (filing and resolving a grievance)

Answer 114

At the third step of the grievance procedure, the union business agent, along with a representative of the local union, meets with senior management representatives.
The third step of the grievance procedure is the last opportunity for the union and management to resolve the issue between them and to control the outcome of the grievance without input from a third party.

Question 115

Why do employees sometimes dislike the grievance process?

Answer 115

The union normally “owns” the grievance, not the grievor, and there is no guarantee or requirement that the union act on the grievance beyond minimal “duty of fair representation” obligations. A grievance may be refused or abandoned by the union if it suits the union’s interests. Labour laws in Atlantic Canada differ on this point, allowing an employee to advance a grievance the union has abandoned at the employee’s expense.

Question 116

What has been the impact of neo-liberal economic policies on public sector labour relations in the last two decades?

Answer 116

First, the neoliberal shift among social democratic government has produced a diffusion of electoral strategies by public sector unions

public sector employees and
their unions were convenient targets for neoliberal policies endorsing reductions in
government spending and the continuation of tax cuts.

Question 117

What are the common ways in which governments have interfered with public sector bargaining rights?

Answer 117

Government intervention in public sector collective bargaining has included

(1) adhoc back-to-work legislation (laws preempting or suspending legal strike action)
(2) temporary restrictions on bargaining, notably wage restraint laws
(3) permanent restrictions on collective bargaining rights, for example the scope of bargaining subjects, the right to strike and interest arbitration.

Question 118

Why do some describe the pattern of government interference as “permanent exceptionalism?”

Answer 118

maintains they represent a fundamental shift away from free collective bargaining

Question 119

Unit 3 Lesson 12

Answer 119

Needs more cards

Question 120

How has economic globalization affected Canadian workers?

Answer 120

Companies are seeking cheaper work in other companies

Question 121

What are the key demographic changes that have affected the workforce?

Answer 121

Young workers
Women in the workforce
More ethic workers in the workplace

Question 122

What influences bargaining power?

Answer 122

• Environmental, socio-demographic, and organizational factors, for example, can affect the amount of bargaining power held by both sides.
• Environmental factors: public opinion, legislation, and the economy.
• The socio-demographic: the diversity of bargaining priorities among negotiators and their constituencies.
• The organizational: intra-organizational dynamics of both the union and management.

Question 123

How do labour markets work?

Answer 123

Employment relationships begin in a labour market, where the commodity that is being bought and sold—through basic supply and demand—is human effort and knowledge. The price employers pay to buy workers’ capacity to work is called the wage rate.

In modern labour markets employers and employees try to strike bargains, what is sold is the employees’ capacity to work, and the price of work is greatly influenced by supply and demand.

Question 124

What is the role of umbrella union organizations such as labour councils and federations?

Answer 124

Labour councils represent workers’ interests to local government, municipal councils, boards, and commissions. They bring together local unions and help these unions actively participate in their community or region. Labour councils are also responsible for carrying out the policies of the labour movement at the regional level.

The CLC assists its affiliates through union education and organization, communications, political education, research and legislation, and representation on international issues. The CLC at the national level acts as the “voice
of labour,” and frequently speaks for workers as a whole, regardless of whether they are members of trade unions.

Question 125

What is Business Unionism

Answer 125

A type of unionism that focuses on protecting workers in a particular industry or occupation, or under a specific employer.

Question 126

What is Social unionism

Answer 126

Social unionism adopts a broader perspective, arguing that unions have an obligation to fight on behalf of all workers for social and political change.

Question 127

Elements of Business unionism

Answer 127

• Union members’ identities and interests are defined by their craft, occupation or job rather than their membership in or allegiance to the working class as a whole
• Defines workers’ interest as primarily economic or materialistic
• Diagnoses the source of workers’ problems as resting not with capitalism as such, but rather the behaviour of particularly greedy employers and the unfair distribution of surplus or profit created through the process

Question 128

Why is classifying unions as businesses or social unions more difficult than theory suggests?

Answer 128

Unions possess a unique and contradictory place under capitalism. They are organizations whose purpose is to advance workers’ interests through resisting employer control. In doing so they must challenge the legitimacy of employer power. However, they also are embedded within capitalist relations, meaning they must also work within existing structures, such as collective bargaining, to achieve tangible outcomes for their members. This contradictory role breeds the union dilemma: they must be both narrow and broad in their focus, but must struggle to achieve either.

Question 129

Business Unionism features (wikipedia)

Answer 129

• unions should be run like businesses
• The members of a union’s identity is defined by their craft.
• only view their goal to protect immediate economic interests
• tend to advocate for workers’ “rights”, a set of enumerated conditions to which workers are entitled
• define the problems of the members’ as being from the particularly greedy employers.
• is also viewed as being non-partisan, although members tend to be “liberal” politically.

Question 130

Elements of Social unionism

Answer 130

• workers’ interests are framed as representing those of others of others, weather symbolically or materialistically, and others are exhorted to see their own stake in their battles
• tends to define workers problems and interests as more than economic

Question 131

Social Unionism features (wikipedia)

Answer 131

• trade unions are not distinct from social movements and form part of a wider ecosystem of political activism that includes faith groups, civic and residents’ organizations and student groups.
• Union support for social justice causes can come from within the scope of their respective collective agreements.
• During contract negotiations or collective bargaining, some unions are pushing for the inclusion of various social justice clauses to be added to the collective agreement.

Question 132

What does the case of Local 27 tell us about how formal structures of labour relations differ from their implementation in practice?

Answer 132

Individual personalities mattered significantly, but so did the atmosphere of antagonism established by both parties. The legal structures established by the state also played a significant role in shaping how the union and management interacted over the years. The chapters also show how external factors, such as the economy, industry patterns, and national union priorities would shape dynamics on local shop floors.

Question 133

How do governments justify interventions with collective bargaining?

Answer 133

Governments justify their interventions by arguing they are protecting the interests of taxpayers. Importantly, they also often state that the interference is justified due to the exceptional circumstances of the present situation.
Think back to the Alberta teachers’ strike. The government defended its actions by claiming the strike was causing an emergency because kids could not go to school. The implied message is that the intervention is a one-time rarity to address a specific problem.

Question 134

Proponents of this “globalization thesis” cite four changes as evidence of globalization:

Answer 134

1. The increased global sourcing of raw materials and supplies.
2. A tendency to locate production facilities in nations with the fewest regulations.
3. An expansion of trade liberalization internationally.
4. An extensive increase in the mobility of capital, such that it can be argued to have moved beyond the ability of the state to regulate the increased global sourcing of raw materials, supplying a tendency to locate production facilities in nations with the fewest regulations an expansion of trade liberalization internationally—an extensive increase in the mobility of capital that some commentators have argued that “capital has slipped the moorings of the nation-state” altogether

Question 135

What is precarious employment?

Answer 135

Any work relationship other than full-time permanent employment. Also known as non-standard work.

Question 136

Why is precarious employment increasing?

Answer 136

….

Question 137

How have unions been responding to the emerging challenges of the twenty-first century?

Answer 137

….

Question 138

Why might precarious work be the most significant challenge to labour relations in Canada?

Answer 138

• Precarious work is marked by high levels of job insecurity, low wages, and a lack of the secure elements of SER, including social benefits and statutory entitlements (such as coverage under employment standards and occupational health and safety)
• Precarious work takes many forms, ranging from part-time, temporary employment to dependent contracts, piece-rate work, and many forms of self-employment.
• Precarious work is a result of globalization and neo-liberalism, and as such is about shifting the power balance at work in favour of employers. Unions and others who advocate for workers struggle to find ways to counter the negative effects of precarious work.
• Precarious workers are difficult to organize, meaning they are less likely to be represented by a union. Even if they are unionized, there are numerous barriers that interfere with these workers’ voices in the workplace.

Question 139

Has globalization caused what is characterized as a “race to the bottom,” a downward convergence of national labour standards, social policies, and regulations in order to better compete in the global marketplace?

Answer 139

Companies outside of north america are able to produce goods for lesser due to there lower standards of employment. In order to north american companies to complete they too need to lower costs, which includes cutting wages, benefits, and/or staff. Also, but moving production overseas, lower employment standards are being encouraged in other countries. While there is the International Labour Organization that requires countries to promote the rights and interests of workers, no one is enforcing them.

Question 140

How do changing work arrangements and organizational structures pose challenges to the practice of labour relations?

Answer 140

• the structure of the organization is sometimes changed to a form that encourages more cooperative worker-employer relationships. This can help the union’s work as the employees’ representative, if the more cooperative relationships help workers and employers to generally view each other more positively
• But the control and direction of the organization still remains with the employer, even in the most progressive forms of organizational structure, and thus unions still have a role to play in ensuring that workers’ issues are addressed.
• structural changes are often undertaken to ensure an organization’s continued vitality. In these situations, a union’s adversarial opposition to change may impair the organization’s chances for long-term survival. The union also has an interest in seeing the company succeed, because success and survival mean that the union maintains its membership base and its revenues

Question 141

Another means by which unions can deal with the effects of structural change is to attempt to

Answer 141

influence the type or form of the change through representation at the levels of the organization at which structural change decisions are made.

Question 142

How have unions been responding to the emerging challenges of the twenty-first century?

Answer 142

…

Question 143

Today, workplaces are increasingly sites of diversity and inclusion.

Answer 143

This shift is due, in part, to the evolution of societal values around gender and racial equity; it is also due to the shifting nature of the economy. The new economy, which is increasingly service-oriented, is more embracing of a more diverse workforce.

Question 144

What are the key forces driving current trends in union density?

Answer 144

• there is a lack of organizing. Most newly unionized workers as such as they where hired into a unionized environment
• there are less unionized younger workers (14 - 25) as young workers are more likely to be employed in non-unionized workplaces/enviroments
• high unionization rates in

Question 145

Is a renewed commitment to social unionism the answer for Canadian labour?

Answer 145

….

Question 146

Labour Law

Answer 146

Is characterized by an administrative approach to unions and collective bargaining.

• workers have not automatic right to collective bargaining
• labour board decides on bargaining unit
• deals with employers committing unfair labour practices
• workers have the ability to strike and employers have right to lock out
• certification process

Question 147

Employment Law

Answer 147

There are five main components to employment law:

1. Minimum standard legislation
2. health and safety
3. human rights legislation
4. employment equity legislation
5. unjust dismissal law

Question 148

Personal Factors effecting union support

Answer 148

• If their parents were active in unions or held positive attitudes toward unions, workers may be more likely to support a union
• Low socio-economic status, low income, or minority group membership may make workers more likely to support a union.
• If a specific union is perceived as being able to achieve changes that the worker cannot achieve alone, the worker may be more likely to support that union.
• If the image the union presents does not fit workers’ self-perception, they may be less likely to support that union.

Question 149

Workplace Factors effecting union support

Answer 149

• Absolute and comparative levels of compensation may increase support for the union if these are perceived as insufficient.
• Support for the union may increase if the rest of the industry is unionized; however, non-unionized firms may match unionized firms’ conditions.
• dissatisfaction with management/workplace may increase support for the union if the union is perceived as being able to resolve the problems leading to dissatisfaction.
• If co-workers attitudes are positive, workers may be more likely to support the union.
• While management attitudes generally have no influence on employees’ attitudes if management is perceived as being willing to act against the union, employees’ intention to support the union may increase.
• Factors unique to a specific industry or organization may increase or decrease union support.

Question 150

Economic factors effecting union support

Answer 150

• If unemployment rate increases, the likelihood of a worker joining the union may increase.
• If there is a significant change in the rate, unionization is more likely.
• Price inflation can increase intent to unionize and the actual rate of unionization.
• Unions can improve wage and benefit levels, but workers must perceive that unions are capable of achieving those improvements.

Question 151

Societal factor effecting union support

Answer 151

• These may not affect individual attitudes, even during labour-related events such as strikes and recessions.
• An individual may support the general concept of unions but not be personally willing to join one.
• Legislation making certification more difficult may reduce the likelihood of a successful organizing campaign.

Question 152

What is bargaining in good faith?

Answer 152

The expectation that during collective bargaining, parties will bargain honestly and with the intention of concluding a collective agreement.

Question 153

How might the three theoretical perspectives (unitarism, pluralism, radicalism) be seen as a critique of one another?

Answer 153

• Pluralism recognizes that conflict will occur in the workplace, while unitarism does not believe that conflict is inherent.
• Radicalism also believes conflict is inherent, but also believes that unitarism is an attempt to legitimise the rights of management.
• Radicalism’s critique of pluralism is that their approach has no effect on inequality.