Exam Review Flashcards
(153 cards)
How do we define labour relations?
Labour relations is defined asthe relationship between a union and an employer in a work environment.
Does it matter whether we define the labour relations narrowly or more broadly?
A narrow definition creates separation between unionized workplaces and non-unionized workplaces.
Differences between unionized and non-unionized workplaces
- 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
Does labour relations bring a different perspective to work than human resource management?
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.
How would you describe the “average” unionized worker in Canada, given the information provided in the reading
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.
What are some of the reasons to study labour relations?
- 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).
What are the key pieces of legislation governing labour relations in Canada?
- The Question of Jurisdiction
- Labour Relations Laws
- Public Sector Labour Relations Legislation
- Occupation-Specific Labour Relations Legislation
What is labour?
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.
What is capital?
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).
How do labour and capital interests converge and conflict in the employment relationship?
Labour conflicts with capital as labourers cost the company they work for capital, which will affect how much capital capitalist will receive.
How is employment a social, as well as an economic, relationship?
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.
What is a labour market?
A labour market is where employers buy and workers sell the workers’ capacity to work.
What sorts of challenges and tasks face employers when trying to turn the capacity to work into actual work?
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
The wage-effort bargain relates to
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.
What are the common law duties and obligations of employers?
- 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.
What are the common law duties and obligations of employees?
- 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.
How do the duties and obligations differ between the employer and the employee?
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.
What do the duties and obligations differences tell us about the nature of the common law employment relationship
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.
Why is it important to remember that employers have purchased only a worker’s capacity to work?
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.
how does the purchase of a workers capacity relate to the basic tension between the interests of employers and those of employees?
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.
How do the common law rights and obligations of employers and employees affect the distribution of power in the employment relationship?
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.
Is the law neutral or does it advantage one side?
The law takes the side of the employer
How does government differ from the state?
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
What are the different roles the state plays in labour relations?
- regulative
- facilitative
- employer
- structural
- constitutive