Athabasca industrial relations & collective bargaining Flashcards
exam prep
Real subordination (Marxist term)
Workers under the authority of capitalists whom also have gained considerable control over the methods and process by which the workers preform work
Formal subordination (Marxist term)
Workers under capitalist authority but may retain considerable control over the process by which they work
Alienation
A condition that workers lack a sense of meaning or purpose in life and feel estranged from both there inner selfs and and fellow human beings
1) ideally workers produce an extension of them selves
2) capitalism kills creativity and makes their labour alien to them
Right wing
Accepts or supports social hierarchy or social inequality.
Seen as inevitable, natural, normal or desirable
Ie : Neoliberal, managerialist
Left wing
Supports and accepts social equality
Opposes social hierarchy and social inequality
Concern for the disadvantaged, unjustified inequalities
Demand mutuality
Ie: liberal reformist, radical
NEO LIBERAL Primary concern : Focus: Union assessment : RX:
Primary concern : MAXIMIZING EFFICIENCY
Focus:labour markets
Assessment of unions: Negative economic and social consequences
RX: reduce govt/union interference
MANAGERIALIST
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Primary concern :
Focus:
Union assessment :
RX:
industrialism thesis
~~~
Primary concern : maximizing worker loyalty
Focus: managerial policy and practices
Union assessment : ambivalent, depends on willingness of parties
RX: promote progressive managerial practices and labour- mgmt co-operation
ORTHODOX PLURIST Primary concern : Focus: Union assessment : RX: (industrialism thesis)
Primary concern : balancing efficiency and equity
Focus:labour unions labour law, collective bargaining
Union assessment :positive social effects, neutral or even positive, economic effects
RX: protection of worker rights to bargain collectively, minimum standards legislation
LIBERAL REFORMIST Primary concern : Focus: Union assessment : RX: (capitalism thesis)
Primary concern : elimination of equalities and injustices
Focus: social issues of workers
Union assessment : Ineffective in boundaries “periphery” and limited in “core’
RX:increase govt intervention/labour law reforms
RADICAL Primary concern : Focus: Union assessment : RX: (capitalist thesis)
Primary concern :elimination of system wide power imbalances
Focus:conflict and control
Union assessment :limited effectiveness under capitalism
RX:radical structure chng. Employee ownership and control
Karl Marx
founder of
capitalism thesis
according to Karl Marx
two basic classes:
two basic classes: working class ( proletariat ) capitalist class (bourgeoisie)
Working class/ proletariat
coerced to sell labor to survive
Capitalist class/ bourgeoisie
own/control productive assets
minimize wages
extract maximize labor
Exploitation
wages necessary to sustain workers substantially less than the value of labor
Emile Durkheim
French sociologist
industrialism thesis
aka structural functionalism
industrialism thesis
two points
1) societies develop in a way functional for all members
2) order&progress, rather than conflict and stagnitation
Emile Durkheim
20th century french socialist
Wrote
Division of labour in society 1893
Industrial thesis
Aka?
Structural functionalism
Industrial thesis/structural functionism
1) societies develop in ways that are functional for all
2) order and progress represent the natural course of economic/social development
(Rather than conflict and stagnitation (no growth)
This thesis became fully developed after Durkeims death, (mid 20thcentury)
*cant be equated with industrialism thesis
‘The division of labour ‘
Emile Durkheim
‘the division of labour”
Growth of working class movements Rise in class conflicts with transition from preindustrial to industrial
Mechanical solidarity
Similar activities/ similar life experiences
“collective conscience” that social order is maintained
common identity beliefs to average citizens
Organic solidarity
Form of social order
D/t division of labour, things become dissimilar
“Personal conscience “ forms
Pervasive egoism
Individuals and group pursue their own interests
Class conflict (according to Durkheim) is the reason for
Forced division of labour
Industrial society thesis
Three primary arguments:
1)Traditional working class/capitalist outdated
*20thcentury brings affluence to all, middle class, white collar, managerial, and professionals…
Shifting society “meritocratic “ (advancement by achievement)
Interest groups evolve, people become equal partners in society
2) growth of large corporations results in separation of management/ownership
* managers feel less pressure, they maximize efficiency while satisfying investors, suppliers and goals of workers
3) growth of unions/collective bargaining
* mngmt/employees seen as equals, fosters stability and prevents conflict from becoming mass movements/protests
What is a collective agreement
agreement in writing between an employer and the trade
one, two or three years, but not less than twelve months
Under some conditions, amendments are made to agreements by mutual consent during the term of the agreement in order to deal with special circumstances.
Under special circumstances:
amendments
made to agreements by mutual consent
during the term of the agreement in order to deal with special circumstances.
What is collective bargaining?
framework under which the negotiation of the collective agreement takes place
negotiate, in good faith, the rights and obligations of a first collective agreement or renewal of a previous agreement
Who can participate in collective bargaining?
Every employee (except managers; superintendents;
and persons employed in a confidential capacity in matters relating to labour relations or who exercise management functions)
How do unions get bargaining rights?
certification and voluntary recognition.
What is certification?
.
process where Labour and Employment Board :
designates a trade union the sole & exclusive bargaining agent for a group of employees (referred to as a bargaining unit)
following proof that the bargaining agent has majority support among the employees
voluntary recognition?
where a trade union acquires the status of “exclusive bargaining agent” for a group of employees
because an employer voluntarily agrees
When can a union apply for certification?
Where no CA is in force AND
no trade union is certified
an application for certification may be made any time before the Labour and Employment Board.
How does collective bargaining begin?
Union has been certified & no CA
union may give employer (or visa versa) written notice to bargain
Industrial Relations Act: if CA already in force, either party may within the 90th and 30th day before expiration give notice of desire to bargain
Once notice given, meet ASAP , no later than 20 days post notice
(unless extended by mutual agreement)
During collective bargaining,
is it possible for wage rates /working conditions to be changed?
unless the parties otherwise agree, wage rates /conditions /rights remain the same
until a CA concluded
OR strike or lock-out position.
.
.
What can be done if :
refusal to negotiate ?
OR
not negotiating in good faith?
Either party may file a complaint with the Minister
Minister may then refer complaint to Labour and Employment Board
Board inquires into complaint &determines whether to dismiss OR order compliance to bargain in good faith
Either party may apply to tMinister for appointment of a conciliation officer.
if during negotiations
employer &union cannot agree
on ‘terms to be included ‘in CA?
Once notice given to start collective bargaining whether or not actual bargaining has taken place
either party may ask Minister to appoint ‘conciliator/mediation officer’ to assist in conclusion of CA
request must be accompanied examples/statement of difficulties in negotiations
What do conciliators
and mediation officers do?
attempt to resolve differences between parties
by offering ‘input of neutral’ party into dispute
They then file a report with the Minister.
if no agreement is reached during the conciliation process?
they may agree to submit their differences to binding arbitration (firefighters and police officers must proceed in this fashion)
OR
after 9 days from the date the conciliation board report is filed;
engage in a strike or lock-out.
Can there be
strike
or
lock-out
during the term of the collective agreement?
.
No.
NO strike OR lock-out during the term of a collective agreement
Can amendments be made to a collective agreement?
Yes.
revisions of any provision in the agreement (other than a provision relating to the “term”of the agreement’s operation)
may be made any time with mutual consent.
What is interest arbitration?
Referred to as “CA “ arbitration occurs where parties cant agree to terms& conditions of proposed CA
Interest arbitration may be voluntary or compulsory
(In New Brunswick, it is compulsory for firefighters and police officers, voluntary for all other groups of employees).
What is rights arbitration?
Referred to as “Grievance” arbitration
occurs where a difference arises between the parties
relative to the interpretation, application or to the administration a collective agreement.
What happens if employee or union feels employer is not following terms of CA?
or if there is a disagreement about the meaning of a part of the CA?
employee or union
may file a complaint, referred to as a grievance, with employer.
Can the employer file a grievance if the union is not complying with CA?
Yes.
grievances handled in much the same way that employee/union grievances are handled
How are grievances settled?
a) Every collective agreement must contain a grievance procedure for settling disagreements without work stoppages with respect to the application, interpretation, and administration of the agreement. Where a collective agreement does not contain such a provision, the Industrial Relations Act deems such a procedure to be included in the agreement.
b) The grievance mediation procedure is a voluntary process which can be an effective alternative to grievance arbitration. Grievance mediation does not interfere with the rights of the parties to have access to the grievance and arbitration processes. The parties to a collective agreement through the assistance of a grievance mediator, attempt to resolve a grievance through negotiations, therefore allowing the parties to control and shape settlements. If no agreement is reached, the grievance may still be referred to Arbitration. The only expense incurred by the parties in grievance mediation is the cost of the facilities, if necessary.
c) Arbitration is a process by which a third party makes a settlement decision that is final and binding on the parties. The Arbitrator is not familiar with the negotiations that have taken place between the parties. All he or she knows, and all he or she can base the decision on is what the Arbitrator hears and sees at the Arbitration.
How are grievances settled?
a) Every collective agreement must contain a grievance procedure for settling disagreements without work stoppages with respect to the application, interpretation, and administration of the agreement. Where a collective agreement does not contain such a provision, the Industrial Relations Act deems such a procedure to be included in the agreement.
b) The grievance mediation procedure is a voluntary process which can be an effective alternative to grievance arbitration. Grievance mediation does not interfere with the rights of the parties to have access to the grievance and arbitration processes. The parties to a collective agreement through the assistance of a grievance mediator, attempt to resolve a grievance through negotiations, therefore allowing the parties to control and shape settlements. If no agreement is reached, the grievance may still be referred to Arbitration. The only expense incurred by the parties in grievance mediation is the cost of the facilities, if necessary.
c) Arbitration is a process by which a third party makes a settlement decision that is final and binding on the parties. The Arbitrator is not familiar with the negotiations that have taken place between the parties. All he or she knows, and all he or she can base the decision on is what the Arbitrator hears and sees at the Arbitration.
How can union & employer receive assistance in settling a grievance?
If grievance procedure outlined in CA has been exhausted & grievance not settled;
parties may submit grievance to arbitration for final &binding decision.
Arbitration may be done by ‘sole ‘ arbitrator or arbitration ‘board’.
Who selects arbitrator or members for arbitration board?
Sole arbitrator; appointed by mutual agreement
arbitration board ; each party appoints ‘one’person to board.
These two members appoint a ‘third’ to be chairperson.
If this doesn’t happen;
Minister of Post-Secondary Ed, Training & Labour upon the request of either party, may make such appointments.
Who pays for arbitration?
Sole arbitrator = 50/50 shared costs
arbitration board = each party pays for arbitrator they appointed & 50/50 for Chairperson
How long does an arbitration board have
to settle a dispute?
ASAP
Or
award within 3 months (after the date of appointment of an arbitrator or arbitration board).
time may be extended mutually by parties.
If time has expired will not invalidate an award.
What is expedited arbitration?
option open to parties that allows grievance to be settled by an arbitrator within a set time.
can be requested after exhaustion of grievance procedure under CA
OR
30 days since the grievance was first brought to attention of the other party,
whichever comes first.
normal procedure to use expedited arbitration?
application filed with Minister of Post-Secondary Education, Training and Labour
(forms available via the IR Branch)
Within 28 days of request;
arbitrator appointed &hearing conducted
If both parties agree, mediator appointed to assist in settling the grievance before the hearing.
If the grievance not settled, proceeds to arbitration.
arbitrator will provide written reasons decision within 21 days of the end of the hearing.
decision filed with the Minister.
What power does arbitrator or arbitration board have?
power to summons witnesses before them;
to hear evidence under oath;
to receive and accept relevant evidence;
to correct any clerical mistake, error or oversight found in their award
to enter any premises concerning the matter(s) in dispute for a site visit
decision of arbitrator/arbitration board is final and conclusive to the matter in dispute.
What is a strike?
cessation of work
refusal to work Or continue work by employees (united with a common understanding)
or a slow-down or other concerted activity on the part of employees THAT is designed to restrict/limit production for the purpose of compelling an employer to agree to terms/conditions
What is a lock-out?
closing of a place of employment
a suspension of work
or a refusal by an employer to continue to employ a number of its employees
*for the purpose of compelling employees to agree to terms/conditions
When is a strike or lock-out illegal?
A strike or lock-out is
illegal while a collective agreement is in operation
When is a strike or lock-out illegal?
A strike or lock-out is
illegal while a collective agreement is in operation
Who can go on strike or be locked out?
All employees represented by union
may legally strike or be locked out by an employer
(except those employed as firefighters and police officers who do not have the right to strike)
Must there be a strike or lock-out VOTE?..
before a strike or lock-out can take place?
Yes, a strike or lock-out vote taken by secret ballot MUST precede any strike or lock-out action.
All employees in union entitled to vote
majority must vote in favour in order
lock-out vote only necessary where an employers’ organization is involved
vote to ratify the employer’s offer of proposed CA & a strike vote may be combined together on a single ballot.
When a majority votes in favour of a strike or lock-out,
must there be a strike or lock-out?
No
just because a majority votes in favour
the bargaining agent or employers’ organization is not obligated to declare a strike or lock-out.
When can a strike or lock-out vote take place?
No strike or lock-out vote may be held until 9 days have elapsed
(7 day waiting period plus 2 day mailing period) after the Minister has decided not to appoint a conciliation officer or a conciliation board.
Must advance notice be given before strike or lock-out activity?
Yes written notice 24hours prior
By union or an employer
Bad Faith Bargaining
An allegation that one of the parties deliberately breached its obligation to sincerely attempt to reach a CA
Bargaining Agent
certified union that has been granted rights under labour legislation to act on behalf of a bargaining unit and to be the exclusive agent for those employees. The employer is obligated to negotiate with the bargaining agent and cannot negotiate with individual employees in the bargaining unit.
The industrial society thesis
Three primary arguments
1) (contrary to capitalist theory) working class/capitalist division is out dated Middle ( white collar, managerial, professionals) class increases..Shift toward Meritocratic society ( intellectual are chosen and move ahead based on achievement)
2) growth of corporations/diffused ownership, mangers focus more on maximizing operational efficiency rather maximizing $
3) growth of unions post war enable workers to confront managers as equals introduces Democracy to workplaces
In effective helping stabilize industrialism
Post Industrial Society
Woodward blauner thesis
Post-industrial society is a concept in sociology describing
a certain stage of society’s development when the
service sector generates more wealth than the manufacturing sector
of the economy.
The industrial society thesis
And
Post- industrial thesis (Woodward /blauner)
Major differences
.1) degree of optimism
Industrial acknowledges the labour/mngmt conflict and need for unions
Post industrial assume an end to conflicts and sees little need for unions, sees union roles as fostering cooperation and helping workers economically
Industrial capitalist theory
Middle ground between capitalism and industrialism thesis
German socialist
/ industrial capitalism thesis
Max weber believes
Four reasons for social and economic actions
1) traditions
2) values
3)affect
4)rationale calculation
( most efficient need for a given end )
Max weber/ industrial thesis
Bureaucracy model?
Hierarchy led by specialization not personalization
Run by professional managers not owners/politicians
Thus important
Managers authority exercised rationally
Legal systems viewed as legitimate
Then workers will conform and not be subordinate
Sources of conflict
1) underlying
2) contextual
Underlying sources of conflict
Fundamental to labour management relation
1) legal alienation
2) objective interests
3) nature of employment relation
4) nature of employment contract
Contextual sources
Variable
Dependent on country, organization, region, industry ect
Legal alienation
Modern capitalist (85% Canadians work for someone ) Workers do not control/have legal ownership hence legally alienated
Objective interest conflicts
Firms managed to maximize profits
Employees maximize pay for as little work as possible
Nature of employment relation
Delegates downwards
In Canada, workers have few rights to participate in managerial decisions, in most cases can only react (quit, strike, grievances ect)
The nature of employment contract
Is it were possible to have a highly detailed specific of exact duties, conflict would only exist when renegotiating contract
Often details not available more "psychological contract" Employers violate it by introducing changes with consulting employees Hence employees(and unions) feel insecure, distrustful
Contextual sources of conflict
Three sources identified:
1) broader social inequalities
2) labour market experience
3) experience of work itself
Broader social inequalities
Average income increased 2.5x in last 60yrs
47%think adequate
36%moderately adequate
Only 17% think inadequate
Hence less need for unions, which is driven by economic deprivation and inequalities ?
Yet the rich get richer and employees struggle to get ahead
The labour market experience
Improved working conditions for employees
Unions, employment standards, OH&S, human rights& employment equity
Cut backs eroding system, but still less oppressive and cohesive than past
UnEmployment remains 6%(documented)
Only 4/10 unemployed qualify for benefits
Middle income stagnant
Considerable insecurities re job stability and distrust of future govt help
The nature of the work
Employers :minimize skill requirements to minimize wages&maximize control
: intensify work to max worker output, narrow and menial task focused
(Causes employee stress, overload and alienation)
Workers generally view job favourably, chosen because of challenges or pay
But are powerless , stressed, fatigue and experience coercion
sources conflict 1) underlying2)contextual
in summary..
they exist in combination and feed off each other
Sources of Cooperation
Coercion (must act in ways that are not contradictory to mngmt wants
consent employee believes mngmt rights and the system
manifestations of conflict
Strikes (collective voice)
only legal if contract expired and negotiations stale
Wildcat strike
negotiation of order (psychological contract).., when broken work to rule, ban on OT
coping behaviours (drug use, horse play)
progressive HRM practices
mngmt attempts to obtain cooperation and consensus with labour to maximize loyalty through incentives
the coercive drive system
1870 - 1900’s
