Chp 13 - Union Mgmt Framework

Question 1

LO1: what does industrial relations assume

Answer 1

conflict is inherent in employment relationship

Question 2

LO1: what does HRM focus on

Answer 2

share interests of workers +managers, conflict de-emphasize in favour of win win scenarios

Question 3

LO1: define union

Answer 3

org with legal authority to represent workers, negotiate terms and conditions of employment with employer and administer collective agreement

Question 4

LO1: explain how unions happen

Answer 4

Unions do not just happen - they are caused by management action or inaction that workers perceive as unfair

Question 5

LO1: 2 points to collective agreement

Answer 5

1) Contract negotiated between the union and employer outlining terms and conditions of employment
2) Places restrictions on management’s rights in managing the workplace

Question 6

LO1: 4 points to industrial relations perspective

Answer 6

1) Conflict stems from employer-employee power imbalance
2) Conflict between labour + mgmt is enduring
3) Correcting power imbalance between labour + mgmt often requires institutional intervention in forms of union representation + legislation
4) Conflict can be constructive even when conflict is addressed in adversarial, non problem solving fashion

Question 7

LO1: 4 points to HR perspective

Answer 7

1) Conflict stems from poor management
2) Conflict can be partially reduced by org and workplace innovations that build an employer-employee unity of interests
3) Conflict can further be reduced by cooperative, mutual gains orientated problem solving techniques
4) As a result of improved management, conflict will fade from employment relationship

Question 8

LO1: define collective agreement

Answer 8

labour contract that addresses variety of issues, such as wage + benefits, hours of work, working conditions, grievance procedures, safety standards, probationary periods, work assignments; usually negotiated between local union’s bargaining committee and human resource or industrial relations department

Question 9

LO1: 2 causes of unions

Answer 9

1) push

2) pull

Question 10

LO1: explain union push

Answer 10

Some employees are pushed or forced into joining a union because of employer treatment of the workforce, peer pressure by coworkers to join a union, or collective agreement provisions requiring an employee to join if he or she wants the job in question

Question 11

LO1: explain union pull

Answer 11

Employees are pulled into the union because of the benefits of union representation (such as higher wages, greater benefits, job security, and grievance representation)

Question 12

LO1: 3 reasons employees join unions

Answer 12

1) Job dissatisfaction
2) Individual attitudes toward unions
3) Perceived union instrumentality (beliefs about what unions can do for employee)

Question 13

LO1: 5 reasons employees don’t join unions

Answer 13

1) Belief that union membership may harm chances for promotion
2) Viewed as having another “boss”
3) Extra costs (dues or lost wages from strike)
4) Past experience or isolated stories of union wrongdoing
5) Employer policies and treatment are fair

Question 14

LO1: 3 stats on canadian view towards unions

Answer 14

1) Among current union members, 71 percent would prefer to be unionized and 46 percent of formerly unionized workers would prefer to be unionized
2) Only 1/5 of non-union employees reported being interested in being unionized
3) Most believe secret ballot vote should be required

Question 15

LO2: what does not change with union

Answer 15

Profit objectives + budget goals often not shared with union and supervisors + managers retain primary responsibility for employee performance + do not reduce need for HR

Question 16

LO2: what are union objectives influenced by

Answer 16

wishes of its members, aspirations of its leaders, + financial and membership strength of union

Question 17

LO2: external influences of union

Answer 17

financial condition of employer, gains of other unions, inflation, unemployment rates, gov policies

Question 18

LO2: 2 types of unionism

Answer 18

1) business

2) social/reform

Question 19

LO2: define business unionism

Answer 19

Practice of unions seeking to improve wages, hours, and working conditions and workers in general. Recognizes that union can survive only if it delivers a needed service to its members in a businesslike manner.

Question 20

LO2: define social/reform unionism

Answer 20

Seeking to further members’ interests by influencing social, economic, and legal policies of governments

Question 21

LO2: 2 major types of unions

Answer 21

craft, industrial

Question 22

LO2: define craft unions

Answer 22

Composed of workers who possess the same skills or trade (e.g. carpenters)

Question 23

LO2: define industrial unions

Answer 23

Include the unskilled and semi-skilled workers at a particular location

Question 24

LO2: 4 points to structure of local union

Answer 24

1) Union steward/representative elected by workers and helps them present problems to management
2) If steward cannot resolve problem, grievance committee takes problem to HR or higher management
3) Also includes bargaining committee, business agent, secretary-treasurer, president
4) Business agent common in craft union locals

Question 25

LO2:important levels of union structure

Answer 25

local unions, national + international unions, labour congresses

Question 26

LO2: define local union

Answer 26

branches of a union that are locally based and form part of a larger union

Question 27

LO2: 1 point to local union

Answer 27

Provide the members, the revenue, and the power of the union movement

Question 28

LO2: 2 points to national + international unions

Answer 28

1) Many local unions are part of a larger national or international union
2) Exist to organize and help local unions, pursue social objectives of interest of members

Question 29

LO2; 2 examples of national union

Answer 29

unifor, canadian union of public employees

Question 30

LO2: 2 examples of international union

Answer 30

united steelworkers, international brotherhood of teamsters

Question 31

LO2: 2 points to canadian labour congress

Answer 31

1) Represents many unions in Canada (about 3.3 million members)
2) Largest labour federation but not only one. Can also be federations operating at provincial/municipal level.

Question 32

LO2: 5 main functions of CLC

Answer 32

1) representing Canada at the International Labour Organization
2) influencing public policy at the federal level
3) enforcing the code of ethics set out in its constitution
4) providing services (such as research and education) for its member unions
5) resolving jurisdictional disputes among its member unions

Question 33

LO2: 4 points to secession

Answer 33

1) unions breaking from international unions
2) Motivated by desire for more autonomy and development of policies aimed at specifically addressing needs of Canadian workers
3) Dramatic breakaway: canadian auto workers severed ties with international union (united auto workers)
4) Canadian members of international unions complain they receive small share of union benefits

Question 34

LO2: 5 points to trends in union membership

Answer 34

1) 30.4% of paid workforce (4.5 million workers) belonged to unions in 2017
2) More than 50% of union members are female, growing
3) Unions are organizing service employees
4) Part-time employees less likely to be unionized
5) Larger workplaces more likely to be unionized

Question 35

LO2: most unionized jobs

Answer 35

education -> public administration ->utilities -> health care and social assistance

Question 36

LO2: least unionized jobs

Answer 36

agricultural -> science, professional, tech -> accommodation/food services

Question 37

LO2: 4 explanations for decline in union representation globally

Answer 37

1) decline in manufacturing sector
2) constraints that globalization of financial markets put on macroeconomic policies
3) competition from developing countries with low labour costs resulting in loss of low skilled, labour intensive jobs in high wage countries

Question 38

LO2: 3 impacts of union representation

Answer 38

1) strikes
2) wages + benefits
3) productivity

Question 39

LO2:4 points to strikes

Answer 39

1) Most collective agreements are settled without a strike or lockout
2) Strike puts financial pressure on employees, normal family patterns + routines disrupted, physical + emotional harm, when they return to work issues may never go away, can take 4-6 weeks to return to normal working conditions
3) Some argue bans on replacement workers doesn’t reduce strikes
4) Trust destroyed between parties, can be resolved with consultants in expertise in psych and social work, return to work training programs for managers, EAP programs

Question 40

LO2: 2 reasons strikes occur

Answer 40

1) mistake/misjudgement

2) collective voice

Question 41

LO2: explain strike as mistake/misjudgement

Answer 41

Parties have uncertain and imperfect info when trying to negotiate agreement or one or both negotiation terms are inexperienced negotiators

Question 42

LO2: 2 points to strike as collective voice

Answer 42

1) Perception on part of workers that they are not being treated fairly
2) Mechanism to voice discontent to management

Question 43

LO2: when are strikes less common (5)

Answer 43

1) workers had more autonomy
2) employer introduced progressive HRM practices
3) union was in strategically weak position
4) employers had large share of market
5) small firms

Question 44

LO2: 2 points to wages and benefits of union

Answer 44

Higher wages

More comprehensive benefits

Question 45

LO2: 3 points to productivity result of unions

Answer 45

1) Relationship between unionization and productivity is subject to debate
2) Unions reduce employee turnover (less quit), increase tenure with firm, raise productivity or output per worker
3) In most jurisdictions, employers have right to operate during strike but some choose not to

Question 46

LO3:law of unions

Answer 46

Gov and provinces have own labour legislation

Question 47

LO3: 5 common core of labour legislation

Answer 47

1) right to join a union
2) good faith bargaining
3) no strikes or lockouts during life of collective agreement
4) prohibition of unfair labour practices
5) conciliation

Question 48

LO3: explain no strikes or lockouts during life of collective agreement

Answer 48

All jurisdictions require that a collective agreement be in force for at least 1 year

Question 49

LO3: explain conciliation common core of labour legislation

Answer 49

Right of union to strike or employer to lock out employees is in most provinces delayed until conciliation process has been exhausted

Question 50

LO3: define labour relations board

Answer 50

Boards set up in the federal and provincial jurisdictions to administer labour relations legislation

Question 51

LO3; what can labour relations board do

Answer 51

Investigate violation of the law and have the power to investigate and make decisions

Question 52

LO3: 5 decisions labour relations board can make

Answer 52

1) whether person is employee for purposes of law
2) whether employee is member of trade union
3) whether org is an appropriate bargaining agent for bargaining purposes
4) whether a collective agreement is in force
5) whether any given party is bound by agreement

Question 53

LO3: 5 LRB procedures for redressing unfair labour practice

Answer 53

1) individual or org contacts appropriate LRB office (provincial or federal) and explains alleged violation
2) if case has merit, LRB informs other party of complaint and asks for response
3) LRB gives parties involved opportunity to present evidence and make representations. If complains can’t be solved informally, LRB conducts official hearing with interested parties present and usually represented by legal counsel
4) on basis of evidence, board will either dismiss case or if one party is found guilty of a violation issue a cease and desist order. This order is enforceable in court of law
5) courts decide if verdict can be appealed or not. Appeal can be made in matters of jurisdiction, failure to pursue legit complains, procedural irregularities

Question 54

LO3: traditional court vs labour relations board

Answer 54

LRB are more flexible in procedures for resolving conflict. Board decisions like court are binding and can’t be appealed except on procedural matters.

Question 55

LO4: 3 points to union organizing

Answer 55

1) A union exists only when workers create it
2) During regular working hours, employees are not allowed to discuss unionization with co-workers
3) Other techniques are used to encourage workers to sign authorization cards including handbills, speeches, conversations, and home visits

Question 56

LO4: define authorization card

Answer 56

cards signed by workers to join a union, depending on jurisdiction, a union may be certified either on the basis of card signatures or as a result of an election

Question 57

LO4: what happens prior to union organizing campaigns

Answer 57

there are often signs of employee interest

Question 58

LO4: signs of employee interest in union

Answer 58

1) Turnover and absenteeism rates are higher than industry/community norms
2) Employee satisfaction surveys show that employees are dissatisfied
3) Pay and benefits are below average
4) Ineffective procedures for resolving employee complaints

Question 59

LO4: 3 stages to employers defence in event employer is committed to remain union free

Answer 59

1) remove incentive to unionize through effective HRM
2) discussing impact of unionization
3) when an election is about to be held, encourage employees to go out and vote because chance of union victory may decline as voter turnout increases

Question 60

LO4: define unfair labour practices

Answer 60

practices by management such as interfering with or discriminating against employees who undertake collective action. Can also be committed by unions

Question 61

LO4: 4 unfair management labour practices

Answer 61

1) Interfering in the formation of a union
2) Financial contribution (allowances for providing office for union or paid leave for union officials)
3) Discriminating based on union membership and exercising rights granted by labour relations statuses
4) Intimidating or coercing an employee to join or not join

Question 62

LO4: 5 unfair labour union practices

Answer 62

1) Trying to bargain when the union is not the certified bargaining agent
2) Persuading employees during working hours, or at the workplace to join or not join
3) Penalizing or intimidating individual because they have filed a complaint or testified in any proceedings pursuant to the relevant labour relations statute
4) Illegal strikes
5) Failing to represent employees fairly

Question 63

LO4: 4 ways Legal recognition or bargaining rights may be obtained

Answer 63

1) voluntary recognition
2) through certification by LRB
3) A prehearing vote or automatic certification resulting from unfair labour practice.

Question 64

LO4: 2 points to voluntary

recognition

Answer 64

1) Occurs if union has organized majority of employees and employer is satisfied union did not apply undue pressure in org process
2) Employer accepts union as legal bargaining agent without any involvement of a 3rd party

Question 65

LO4: 2 points to certification by LRB

Answer 65

1) If 50-65% sign union cards, the LRB may certify without an election
2) If 35-45% sign cards, election is mandatory. Secret ballot is taken. If union loses another election among same employees cannot be held for 1 year. (lose if less than majority vote against)

Question 66

LO4: explain prehearing vote or automatic certification resulting from unfair labour practice.

Answer 66

Most jurisdictions provide for automatic certification is employer actions (unfair labour practices) are such that true wishes of employees may not be known

Question 67

LO5: 3 phases in negotiating union contract

Answer 67

1) preparing for negotiations
2) negotiating with union
3) approving proposed agreement

Question 68

LO5: 3 points to phase 1: preparing for negotiation

Answer 68

1) The purpose of negotiations is to achieve a collective agreement
2) Labour relations specialists need to monitor environment to obtain info about likely union demands
3) Mgmt may include contract language that increases flexibility at workplace like “and other duties assigned”

Question 69

LO5: define management rights

Answer 69

rights that provide management with freedom to operate the business subject to any terms in the collective agreement

Question 70

LO5: define residual rights theory of mgmt

Answer 70

employers have authority over all issues not contained in collective agreement. Unions argue that residual rights don’t exist.

Question 71

LO5: what do most union contracts have

Answer 71

Management rights clause

Question 72

LO5: 6 points to phase 2: negotiating with union

Answer 72

1) Success of this stage depends on how well each side has prepared, skill of management + union negotiators and bargaining power of each side
2) Often start 60-90 days before end of present contract
3) Cover variety of issues related to terms and conditions of employment
4) Successful bargaining usually starts with easy issues to built pattern of give and take and sense of past progress may increase resolve of both sides to find compromise
5) Keep top management out of negotiations because they do not have experience and negotiators can ask for temporary break to review with management
6) If employer forces unacceptable contract, union membership may refuse to ratify contract or union officials and members may refuse to cooperate with management

Question 73

LO5: 4 points to phase 3: approving proposed agreement

Answer 73

1) Follow up activities of contract administration
2) Often final approval for employer rests with top management
3) If majority of union members vote for proposal, it replaces previous agreement. Otherwise reopen negotiations.
4) Administration begins when both parties sign it

Question 74

LO5: 5 points to mutual gains bargaining

Answer 74

1) Moves away from traditional adversarial approach
2) Win-win approach – joint problem solving
3) Usually preceded by training in conflict resolution
4) Requires both parties to have commitment, trust, respect, and a long-term focus
5) Skeptical by labour unions as mgmt wants things that will benefit them

Question 75

LO5: explain recent trend of unions

Answer 75

longer collective agreements. Unions like shorter ones, employers like longer ones.

Question 76

LO6: explain jurisdiction techniques to resolve disputes

Answer 76

All jurisdictions provide for conciliation and mediation services when labour and management negotiations break down

Question 77

LO6: define conciliation

Answer 77

Uses a government-appointed third party to bring together the parties

Question 78

LO6: 2 points to conciliation

Answer 78

1) If conciliation fails, strikes or lockouts can legally commence usually 2 weeks after submission of conciliator’s report
2) Conciliation board is an option but used infrequently

Question 79

LO6: 3 points to mediation

Answer 79

1) Disputing parties choose voluntarily to reconcile their differences through a third-party
2) Often will meet separately with each bargaining team, especially when negotiations are hostile
3) Requires sensitivity, patience, expertise in psychology

Question 80

LO6: 3 things for administering collective agreement

Answer 80

1) grievance
2) grievance procedures
3) arbitration

Question 81

LO6: explain grievance

Answer 81

Complaint by an employee or employer that some aspect of a collective agreement has been violated

Question 82

LO6: define grievance procedure

Answer 82

ormalized procedure for resolving disputes if parties have a disagreement regarding the interpretation of a term of the collective agreement

Question 83

LO6: 3 points to grievance procedures

Answer 83

1) Most collective agreements include formal multi-step procedures to resolve grievances
2) Labour legislation typically requires that grievance can’t be resolved until parties submit to arbitrator whose decision is final and binding
3) Employees cannot bring case to court rather than arbitration if not permissible in collective agreement

Question 84

LO6: define arbitration

Answer 84

settling of a dispute between labour + management by 3rd party

Question 85

LO6: 4 points to arbitration

Answer 85

1) Used as a provision for final settlement
2) Decision is final
3) Strike or lockout illegal
4) Concern that this procedure is becoming too costly, too slow, too legalistic, unacceptable solutions

Question 86

LO6: 5 steps in grievance procedure

Answer 86

Preliminary discussion: aggrieved employee discusses complain with supervisor with or without union representative. Management may resolve grievance to satisfaction of union or union may drop grievance

1) complain put in writing + formally presented by shop steward to first level supervisor. Normally supervisor must respond in writing within 2-5 days
2) chief steward takes complaint to department superintendent. Written response required, usually 1 week
3) complain submitted to plant manager/chief administrative officer by union plant or grievance committee. Written response typically required.
4) arrangements made for arbitrator or board to settle the matter

Question 87

LO6: 3 points to handling grievances by mgmt

Answer 87

1) Should be settled on merits, carefully investigated and decided on facts
2) Cause of each grievance should be recorded - large number of grievances may be poor supervision or lack of understanding of the contract
3) Final solution needs to be explained to those affected

Question 88

LO6: 4 contract provisions

Answer 88

1) seniority
2) discipline
3) union security
4) past practice

Question 89

LO6: define seniority

Answer 89

length of workers employment

Question 90

LO6: 2 points to seniority

Answer 90

1) Used for determining order of promotions, layoffs, vacations etc.
2) Most recently hired employees first to go

Question 91

LO6: 2 points to discipline

Answer 91

1) Employer must have “just cause” to dismiss
2) In determining just cause, the following factors are important: nature of offence, due process, past record, seniority and age, knowledge of rules, previous warning by mgmt, lax enforcement/condonation by mgmt in past, unequal treatment of employees, provocation by mgmt, isolated incident, sincere remorse

Question 92

LO6: 4 types of union security

Answer 92

1) closed shop
2) union shop
3) rand formula/dues check off
4) open shop

Question 93

LO6: define closed shop

Answer 93

employee must be union member prior to obtaining employment and pay dues to union. Common in construction and longshore industries

Question 94

LO6: define union shop

Answer 94

employers may hire anyone they want but all new employees must join union within specified period and pay dues. If employee refuses to join they need to be terminated.

Question 95

LO6: define rand formula/dues check off

Answer 95

Employer must deduct union dues from employees’ wages and remit funds to the union. Employee not required to join union.

Question 96

LO6: define open shop

Answer 96

individual does not have to join union and not required to pay dues

Question 97

LO6: define precedent

Answer 97

new standard that arises from past practices of either company or union

Question 98

LO6: 2 things fear or past practice does

Answer 98

employee related decisions centralized in HR department, cannot be done by supervisors including discipline, only provide recommendations; 1) increase training of supervisors in administration of contract, ensure consistency

Question 99

LO6: public sector bargaining act

Answer 99

Public Service Staff Relations Act (PSSRA)

Question 100

LO6: 2 points to public service staff relations act

Answer 100

1) Passed in 1967
2) Gave federal civil servants bargaining rights similar to those granted workers in the private sector, usually right to bargain for wages, hours, working conditions and gave right to strike

Question 101

LO6: define public service staff relations act

Answer 101

Provides federal public servants with the right to unionize and either opt for compulsory arbitration or strike if deadlock in bargaining occurs

Question 102

LO6: diff between private sector and public

Answer 102

law allows the employer to designate certain employees as performing essential services, thus divesting them of the right to strike. Final decision is made by public service staff relations board

Question 103

LO6: gov employees across canada

Answer 103

there is little uniformity across canada

Question 104

LO7: 4 dominant activities of labour relations professional

Answer 104

1) Conflict resolution management
2) Coaching with regard to labour relations best practices
3) Administration of the collective agreement
4) Grievance settlement

Question 105

LO7: key issue for HRM

Answer 105

obtaining union involvement in managing change

Question 106

LO7; what do unions stay away from

Answer 106

contingency compensation plans like profit sharing, productivity sharing, ESOP

Question 107

LO7: union avoidance strategies explain

Answer 107

Employers adopt union suppression or union substitution approach to avoid unionization. Some argue this goes against right to bargain

Question 108

LO7: 2 points to union supression

Answer 108

1) Fighting union representation

2) Employer may try to intimidate workers, threaten closing or moving the plant or facility

Question 109

LO7: 2 points to union substitution

Answer 109

1) Examines what unions bring to the employment relationship and tries to introduce these features
2) Advocated by many HR practitioners, consultants, and labour lawyers

Question 110

LO7: 8 features of union substitution

Answer 110

1) design satisfying jobs
2) maximize opportunities
3) select qualified workers
4) establish fair standards
5) train workers + managers
6) evaluate based on performance
7) employee voice
8) pay/benefits are parallel to those available in union sector

Question 111

LO8: 3 ways unions impact HR function

Answer 111

1) HR department may be expanded to add labour relations specialists
2) Greater centralization of employee record-keeping and discipline—for uniformity
3) Management has less freedom to make unilateral changes

Question 112

LO8: 2 points to labour management cooperation

Answer 112

1) Increasing acceptance that labour and management must cooperate to succeed and for org performance, enhanced product quality, greater customer satisfaction
2) Some employers use cooperation to stress the system by reducing employees/resources, giving workers more tasks, speeding up assembly line

Question 113

LO8: 5 cooperation methods

Answer 113

1) Prior consultation with union leaders to defuse problems before they become formal grievances
2) Sincere concern for employee welfare
3) Training programs to communicate intent of union and reduce biases and misunderstandings
4) Joint study committees to find solutions
5) Third parties who provide guidance and programs

Question 114

LO8: explain what training can include

Answer 114

Can include paraphrasing contract or outside parties to do training

Question 115

LO8: explain joint study committees

Answer 115

Often used for workplace rules, quality of work life, tech change, budget reduction strategies, safety

Question 116

lecture: During a labour organizing drive, supervisors questioned individual employees about their union beliefs. Was this questioning permissible?

Answer 116

No. Individual questioning of employees about their union membership or activities is unlawful.

Question 117

lecture: While an organizing drive was under way, an employer agreed—as a social gesture—to furnish refreshments at a holiday party. Was the employer acting within the law?

Answer 117

Yes. However, this must be part of normal conduct and cannot be interpreted as a gesture to buy votes.

Question 118

lecture: A company distributed to other anti-union employers in the area a list of job applicants known to be union supporters. Was the distribution unlawful?

Answer 118

Yes. Blacklisting of job applicants or employees is against labour law.

Question 119

lecture: During a union organizing drive, the owner of Servo Pipe promised her employees a wage increase if they would vote against the union. Can the owner legally make this promise to her employees?

Answer 119

No. During an organizing drive, an employer cannot promise improvements in wages or benefits as a means of defeating the union.

Question 120

lecture: John Green, a maintenance engineer, has a poor work record. Management wishes to terminate his employment; however, Green is a union steward and is highly critical of the company. Can management legally discharge the employee?

Answer 120

Yes. Employees can be disciplined or discharged for work-related misconduct but not solely because of their union affiliations or union sentiments.

Question 121

lecture: explain the fifth estate bitter harvest

Answer 121

we have a seasonal agriculture migrant program to give workers better life, keep prices low, ensure unions are suppressed, allow for higher profits for farmers