Labour & Employee Relations Flashcards
(181 cards)
1
Q
What is Employee and Labour Relations?
A
a cluster of competencies related to managing the relationships between employer and employees.
2
Q
What is Industrial Relations?
A
study of both union and non union relationships
- Includes all the employment issues and relationships governing the workplace
- For example:
- The organization of the work environment
- Employment contracts
- HR management
- Employment relations
- Conflict Management
- Employee attitudes and behaviours at work
- For example:
3
Q
What is Employee Relations?
A
- Refers to the direct employer-employee relationship
- Policies describing the company’s philosophy, rules and procedures for addressing employee-related matters and resolving problems.
- Employee relations representatives work to ensure that company policies are followed both fairly and consistently
- An employee relations program is not a one-size-fits-all solution
4
Q
What is Labour Relations?
A
- Refers to the relationship between a union or professional association representing employees and their employer
- Union certification
- Collective Bargaining
- Conflict management
- Maintenance of agreements
5
Q
How is Dismissal handled with Non-Union employees?
A
- Employee dismissal without cause would lead to 2 options:
- Action under employment standards legislation (specifically in regard to minimum requirements of pay or notice)
- Adjudication through courts (courts recognize that the parties have an employment contract with each other)
- Best outcome is reasonable notice and/or money in lieu
6
Q
How is Dismissal handled with Unionized employees?
A
- Can seek redress through the union contract, including reinstatement
- Grievance-arbitration with burden of proof on employer
- Substantial protection against arbitrary dismissal
- Can bump others with less seniority in the case of downsizing
7
Q
What is the intent of Employee Relations?
A
- fairness in the workplace is a right
8
Q
Where is Employment Legislation Applicable?
A
Employment legislation applies to almost every aspect of the employment relationship. Including: recruiting process, hiring process, working conditions, environment, workers quitting
- Most statutes for minimum conditions of employment fall under provincial jurisdiction, unless federally regulated
9
Q
What is the purpose of the Employment Standards Act?
A
Employment Standards are enforced under the Employment Standards Act, which sets out minimum standards that the corporation, organization and HR has to put in place.
10
Q
What does the Employment Standards Act make specific provisions on?
A
- The minimum wage
- Hours of work and overtime
- Definition of what constitutes full time vs part time work
- Vacation and paid holidays (each of these differ by province)
- Pregnancy and parental leave
- Notice of termination for individuals and groups
- common law can take precedent which results in a greater benefit to the employee
11
Q
What is the Ministry of Labour?
A
- Ministry of Labour administers the Employment Standards Program:
- Enforces the Employment Standards Act and it’s rules and regulations per scribed in the Act. (New HR manager and provided a new employee with orientation with rules of employment, ex: have to start at 8:30am but this employee comes in late and leaves early and creates issues with deadlines and other employees. You need to find out the reasons, how the org can help, if you communicate everything and still no change, you may need to terminate them)
- Provides information and education to employers and employees, making it easier for people to understand and comply voluntarily
- Investigates possible violations and resolves complaints
12
Q
What is the Human Rights Code?
A
- The Code prohibits actions that discriminate against people based on protected ground in a protected social area
- HR management and the organization as a whole need to ensure fair and equal treatment when employing individuals who may fall into any of these areas
13
Q
What are Protected Social Areas?
A
- Accommodation (housing)
- Contracts
- Employment
- Goods, services and facilities
- Membership in unions, trade, or professional associations
14
Q
What are some of the Protected Grounds?
A
- Age
- Ancestry, Colour, Race
- Gender
- Disability
- Creed
- Sexual Orientation
15
Q
What is BFOQ?
A
- Bona fide Occupational Qualification (BFOQ) allows employers to legally discriminate
- Examples:
- Vision requirements for pilots
- Physical strength requirements for firefighters
- Examples:
- There is also a legal duty to accommodate individuals who may not meet it
16
Q
What is Pay Equity?
A
- The gender wage gap is the difference in earnings between men and women
- Pay equity looks to close the part of the wage gap that results from systemic gender discrimination in employer pay practices
- Factors contributing to the gender wage gap include
- differences between male and female education levels
- work experience
- hours worked
- unionization
- breaks in service due to family and home responsibility
- systemic discrimination such as hiring mostly men at a certain rate and women for the same job at a lesser rate. Rating a male dominated job higher than a female dominated.
17
Q
What is the Employment Equity Act?
A
- Designed to ensure equitable participation in the labour force for 4 “designated” groups of people that are considered to be under-represented in the labour force and therefore disadvantaged
- Applies to federally-regulated industries, Crown corporations and other federal organizations with 100 employees or more, as well as portions of the federal public administration (which includes the Canadian Forces and the RCMP)
- The Labour Program ensures that the Employment Equity Act and its mandates are applied appropriately
18
Q
What are the designated groups?
A
- Women
- Indigenous individuals - Indian, Inuit or Metis
- Persons with disabilities (Important to ask: is it long term or recurring physical, mental, sensory, psychiatric or learning impairment who consider themselves to be disadvantaged in employment by reason of that impairment. Did it happen at work?)
- Members of visible minorities - people other than Indigenous peoples, who are non-caucasian in race or non-white in colour
19
Q
What is Employment Equity?
A
- Encourages the establishment of working conditions that are free of barriers
- Corrects the conditions of disadvantage in employment
- ensure the recruitment process is not discriminatory
- Promotes the principle that employment equity requires special measures and the accommodation of differences for the 4 designated groups in Canada
- A workforce should represent the population from which the organization attracts its labour, to the degree that they are qualified
- Employers have the Duty to Accommodate to the point of undue hardship
20
Q
What are some reason for Employee Unionization?
A
- Seeking to have a collective voice. Want to be heard (want influence or power over their working conditions)
- Economic needs. Because of their collective power, employees believe they can negotiate higher pay or more benefits if they join together
- Dissatisfaction with Management
- Social and Leadership Needs. Desire to belong to a group or an avenue to grow into a management position.
- Politics or Ideology. Perhaps their parents were in a union.
21
Q
How do Organization’s Respond to Unionization?
A
- Strategic Choice Framework
- Union Acceptance
- Union Resistance
- Union Substitution
- Union Removal
22
Q
What does the Strategic Choice Framework entail?
A
- Long-term Strategic Level - strategic plan (does it suit their business to be unionized) (ex: if outsourced cafeteria, being unionized may be helpful to gain the contract)
- Collective Bargaining Level - policies and benefits (are there employment policies already in line with what a union would negotiate)
- Workplace Level - work flow and relationships (how work happens at the front line, supervision, design of jobs)
23
Q
What is Union Acceptance?
A
accept the fact that they will be unionized
24
Q
What is Union Resistance?
A
active opposition
25
What is Union Substitution?
eliminating employee desire by providing superior employment conditions so their employees won’t seek out unionization (give what a union would give them or better)
26
What is Union Removal?
union busting leading to decertification (parts of the organization are already unionized and want to convince other employees to de-unionize)
27
What does TIPS stand for?
Threaten: suggest the organization will close down if it becomes unionized
Intimidate: seek retaliation against those employees in favour of the union
Promise: Offer to pay better wages or benefits if they remain union free
Spy: send secret representatives to attend union/employee meetings
28
What does the Certification Process entail:
- Organizing meeting
- formation of an in-house organizing committee
- Application to the Labour Relations Board
- Determination of the bargaining unit (jobs that would be represented by the union). May hear presentations from the union or employer.
- Recognition or employee vote
- Contract negotiations
29
What 3 things could happen during the Union Certification Process?
1. employer may voluntarily recognize the union
2. Labour Board said enough cards were signed to certify the union
3. vote take place for all employees filling jobs that have been identified as being in the bargaining unit (depends, employee vote may be mandatory in some provinces)
30
What is Collective Bargaining?
- collective bargaining is a process where a union and an employer negotiate either first collective agreement or the renewal of a previous collective agreement
- the parties usually focus on issues like wages, working conditions, grievance procedures, grievance process and fringe benefits such as holidays, etc
- Trying to expand the minimum standards established by different Acts. Minimum is just the minimum guideline
31
When do Negotiations Start?
- if a union has just been certified, it will then give the employer written notice of its desire to bargain. If bound by a collective agreement, then either party may give notice to bargain:
- Usually within the 90 days before the agreement is due to expire, or
- During any period set out in the agreement
- In either case the union and the employer must meet within a certain amount of days as outlined by labour relations legislation from the giving of notice, unless they agree to some other time period.
32
What are the Collective Bargaining Styles?
1. Distributive Bargaining (win-lose approach) or Positional Bargaining
2. Interest-based, Integrative, or Mutual Gains Bargaining (all 3 used interchangeably)
3. Attitudinal Structuring
4. Intra-organizational Bargaining
5. Bargaining Zone
33
What is Distributive Bargaining (win-lose approach) or Positional Bargaining?
- Adversarial
- Focuses on one’s position
- Two parties compete over the distribution of fixed resources
- Both sides strive for maximum personal gain at the expense of the other, resulting in a zero-sum game.
- Assumes inherent conflict of interest between management and the union
- Can result in win-lose outcomes
- Control over communication is critical
- One spokesperson for each party
34
What is Interest-based, Integrative, or Mutual Gains Bargaining (all 3 used interchangeably)
- focus is on each other’s interests
- Results in win-win outcomes
- Sharing of information is key to the process
- Willingness to share information can be a test of commitment to this joint problem-solving approach
- Issues are often resolved through a joint committee structure
- Many voices and an array of possible solutions characterize the process
- Ex: the union is arguing for 2% increase in pay but in reality they are really looking for better working conditions. Through a committee, they can look into this. More voices = better range of ideas
35
What is Attitudinal Bargaining?
- The processes and interaction that lead to the attitudes one party has about the other
- A process of identifying mutual interest, distributive, and hybrid issues and negotiating and dealing with them separately build trust and mutual respect between parties.
- The Emergent Relationship
- In real life, some issues require a distributive approach while others may accommodate an integrative approach. Separate issues an starting with the easy ones first shows good faith
- When conflict occurs, no one will truly win in most cases
- Collusion, management is not holding best interest or union isn’t holding best interest of members
36
What is Intra-organizational Bargaining?
- The bargaining spokespersons have to respond to two demands - those from across the table and those from their own political organization
- It may be that the union HQ needs to see a certain outcome to set a precedent for other org
- As if the negotiator is being pulled in multiple directions
37
What is the Bargaining Zone?
- Minimum acceptable demand and MGMT’s highest offer overlap
- union makes high demand and MGMT make low offer (usually starts this way)
- But know they may have to adjust so keep most and least amounts willing to accept in their back pockets.
38
What can happen if there is no agreement on the terms?
1. Conciliation/Mediation
2. Interest-Arbitration
3. Med-Arb
39
What is Conciliation/Mediation?
-can turn to Labour Relations Board to appoint someone for this (look at ongoing relationship, issues in the environment, conditions in the past, other collective agreements) Try to mediate a process so it is negotiated and resolved. A facilitation process like marriage counseling. They don’t make any decisions and no recommendations are legally binding.
40
What is Interest- Arbitration?
Used to settle collective bargaining deadlocks. Arbitrator is arbitrating the parties interests and those will fill the clauses in the collective agreement that govern the relationship for a number of years. Arbitration is binding
3 Types:
1. Conventional - both submit offer and may choose some in favour of the union and some in favour of the employer
2. Final-offer - parties submit final offers and arbitrator must pick one or the other. Benefit = forced party to put forward reasonable offers because if not reasonable they know it won’t be chosen.
3. First Agreement - mandatory requirement to go to arbitration.
41
What is Med-Arb?
combo of conciliation and arbitration can be used. Conciliator used to mediate an agreement and when not possible the conciliator turns into an arbitrator and makes a final binding decision on their behalf
42
What is a Collective Agreement?
- A collective agreement is a written contract of employment covering a group of employees who are represented by a trade union
- The agreement contains provisions governing the terms and conditions of the employment relationship
- It also contains the rights, privileges and duties of the employer, the trade union and employees
- outlines the rules of the workplace, what the employer is able to do, what the union has the right to expect
43
What are the Provisions of the Collective Agreement?
1) Provisions for rights and obligations of parties - i.e. purpose, definitions, management rights, union recognition, how they are represented, etc
2) Conditions of employment - i.e. wages, hours of work, overtime, shift premium vacations, paid and unpaid leave, etc
3) General work rules - i.e. layoffs, transfers
4) Work Environment - i.e. discipline procedures, health and safety, discrimination articles, how grievances are handled, etc.
44
What are mandatory provisions?
No-strike/lock-out clauses and grievance and arbitration provisions are mandatory clauses (illegal for the union to go on strike or employer to lockout the employees)
45
What is the Union Security Clause?
- These recognize the union, union rights, officials and the collection of dues
- They also address whether employees are required to be union members
46
What are Management Rights/Residual Rights?
These affirm an employer’s right to to run the enterprise as it did before unionization, except for changes triggered by the clauses in the collective agreement. If there is no clause in the collective agreement prohibiting the employer from taking some action (ex: restructuring) then management still has the freedom to do it.
47
What are Canada's 4 different work/unionized workplaces?
1. Closed Shop
2. Open Shop
3. Union Shop
4. Agency Shop
48
What is Closed Shop?
Employers are required to hire and employ only members of a particular union. Frequently through a union hiring haul or from lists maintained by the union. (common in construction industry and in some industries where craft unions predominate)
49
What is Open Shop?
Union membership is not required as a condition of employment. Ex: some constructions work places or job sites these 2 employees work side by side (both union or non-union or different unions). Least secure and that means it is less common
50
What is Union Shop?
Employer may hire employees who are not union members, but each employee in the bargaining unit must join the union. Remain a member of good standing. The majority of the collective agreements have a time period (Ex: probation period)
51
What is Agency Shop?
All employees in a bargaining unit, as a condition of employment, are required to pay union dues or an equivalent amount, whether or not they choose to be union members. Regardless of their decision, required to pay union dues. Still enjoy all benefits negotiated by the union. If there’s a grievance, the union needs to represent them. Only not able to vote on union matters.
52
What is the Rand Formula?
A form of Agency Shop developed by Justice Ivan Rand in 1946, which provides for mandatory “dues check off” of union dues or their equivalent, but does not require employees to join a union
53
What is a reason why one may be able to opt out of paying union dues?
Regardless of the security clause, individuals can opt out for religious reasons with an amount equivalent to their union dues directed to a charity
54
What is Union Density?
Statistic that measures the percentage of workers in the labour force who are union members. (ex: unionization in US and Canada is declining)
55
What is the Yellow Dog Contract?
The former practice of requiring employees to sign a legal contract indicating they would not join a union. Today this is illegal. All workers have the right to unionize as per the Charter except those exempted like national security forces.
56
What is Whipsaw?
a union negotiating tactic that plays one employer off against another.
57
What is Job Control?
a collective agreement clause that limits job assignment freedom. One of the most restrictive clauses in collective agreements.
58
What is Estoppel?
When a clause in the collective agreement is not upheld, it can be claimed that the party has given up their right to the clause
- is a legal concept providing that if a party makes a representation that an issue will be dealt with in a manner different from the provisions of the collective agreement, it will not be able to later insist upon the collective agreement being enforced as written.
59
What is Bumping?
The ability of a displaced worker to “bump” another worker with low seniority from their job. As long as they can show they are qualified.
60
What is a Strike?
a legal stoppage by employees. Only when no collective agreement is in place (Ex: it is expired). Happens when a majority of employees in the bargaining unit have voted in favour of going on strike.
- is the refusal to work or the restriction of output by unionized employees.
61
What is a Wildcat Strike?
an illegal work stoppage
62
What is Work to Rule?
a form of strike resulting in a a reduction of productivity. Employees do bare minimum of work required. (leads to low production which leads to a form of strike)
63
What is the Essential Service Agreement
this restricts the ability to for workers whose absence may significantly impact public interest. (Ex: essential services, if medical workers are seen as essential, they would not be able to strike or a certain minimum number would have to still work)
64
What is a Lock-out
a legal work stoppage by the employer.
65
What is a Business Agent
employed by the union full-time to represent their affairs, negotiate agreements and handle grievances
66
Shop Steward/Union Steward:
someone that is employed by the employers organization and elected by their peers to be their onsite representative
67
Who is the Chief Steward?
The employer’s most senior Shop Steward employed in the bargaining unit.
68
Who is the Bargaining Unit?
The Union
- -The bargaining agent is not a person, it is the union that reps the employees. Ex: Unifor is a bargaining agent
69
What is a Grievance?
The definition of what constitutes a “grievance” is usually defined in a collective agreement
- An alleged violation of one or more provisions of the collective agreement and a claim for redress of any damages. If it isn’t written in the collective agreement they cannot go into grievance with management.
- it provides a forum for the resolution of disputes arising from the collective agreement without a work stoppage
- when a formal grievance is submitted, employers are obliged to meet with the union even if they think that the contract has not been violated. A grievance can be filed and management can say no it is not in the collective agreement so why are you grieving but still have to meet with the union
70
Is the grievance procedure is required by labour legislation?
Yes
71
What are the 2 Categories of Grievances?
1. Application Grievance
2. Interpretation Grievance
72
What are the 3 Types of Grievances?
1. Individual: applies to one person.
2. Group: a number of employees that file the same grievance together. More powerful than individual from an HR or management perspective. The union at this point says this may be happening organization wide. Since it can effect many now and in the future, can be put into policy grievance
3. Policy: a grievance impacts the interpretation of a clause such that it could impact everyone
73
What is Application Grievance?
- when the parties agree on the meaning of the clause but not on it’s “application” to a situation. Agree on the meaning just not on how it should be applied.
74
What is Interpretation Grievance?
- when the parties do not agree on the meaning of the clause. Ex: if an employee needs 5 days notice before the shift can be changed is that 5 business days or calendar days.
75
What are some commonly grieved issues?
- Seniority, ensuring all else being equal, the person with highest seniority is selected for a job vacancy.
- Job postings (ex: number of days posted internally vs externally was not enough time for everyone to see it)
- Overtime
- Health and safety
- Negative performance review of bargaining unit employees by supervisors
76
What needs to be done prior to Submitting a Grievance?
1) Completely Research the case. Communication is key. Keeping open communication is first and foremost.
2) Don’t miss deadlines (Ex: term of when a grievance needs to be submitted and timeframe when management needs to respond). Also key to resolving things quickly without inflating the situation.
3) Approach it as if it will lead to an Arbitration. Keep careful notes and follow proper procedures
4) Look at past practice. Have similar grievances been made before? Has this person made many similar grievances before?
5) Try and resolve it informally (may diminish an employees self worth, also expensive with time, lawyers, lost productivity, etc.
77
What are the Steps required in the Grieving Process if it cannot be settles informally?
1. The grievance is presented in writing to management
2. Presented to more senior management
3. Presented to more senior management and union representative
4. Scheduled for Arbitration
78
What are Alternate Dispute Resolutions?
- outside of the courtroom
- Any process involving a neutral party
- Arbitration and mediation (2 most common forms) are considered alternative dispute resolution methods, but so are conciliation, fact finding, facilitation, mini trials, negotiation and the use of ombudspersons
- The purpose is to resolve complaints efficiently and avoid litigation
- When arbitration is used to settle grievances, it is referred to as “rights arbitration”
79
What occurs with Arbitration?
- An arbitrator performs a similar function to a judge or court by making a binding decision to resolve the dispute between the parties. Hear both sides and make a decision. It is binding.
- Occasionally, collective agreements prescribe that grievances be heard and decided upon by one person acting as a sole arbitrator
- More common is the appointment of 3-person arbitration board. The union and the employer would each select a member and those two members, agree on a chair
80
What occurs in Mediation?
- The attempt to settle a legal dispute through the active participation of a 3rd party (mediator or conciliator), who works to find points of agreement and encourage those in conflict agree on a fair result
- Less formal than arbitration, as the mediator acts as a ‘facilitator’ and not as a judge
- Mediation has become more frequent in contract and civil damage cases. Financial costs are less than fighting the matter in court and may achieve an earlier settlement and end to anxiety. Settlements can be reached much sooner as courts do have many delays.
- Not binding, only a sounding board
- ex: HR manager, seek mediation to get a 3rd opinion (seen these grievances and knows the outcomes) they recommend to management or union what the possible outcomes, solutions and brings more info to the table. Act as a communication asset. Whatever they recommend, it is not binding by law.
- Mediation is the beginning point before you go to arbitration.
81
Is Mediation legally binding?
- No, Mediation is non-binding and does not always result in a settlement
82
Is Arbitration legally binding?
Yes
83
What are some benefits of a diverse culture?
- broadens the labour pool
- increases innovation and creativity
- enhances customer service satisfaction
- improves company reputation (Ex: to potential candidates, employees, the community)
- create competitive advantage
- greater financial return which in turn satisfies shareholders
84
What are local unions?
provides the members, the revenues and powers of the union movement
85
what are craft unions?
composed of workers who possess the same skills or trade (ex. carpenters)
86
What are industrial unions?
includes the unskilled and semi-skilled workers at a particular location.
87
What are National International Unions?
many local unions are part of a larger national or international union.
88
What are dues check off/Rand formula?
employer must deduct union dues from employees wages and remit funds to the union.
89
What is union shop?
all workers must join the union in a specified time.
90
What is a grievance?
complaint by an employee or employer that some aspect of the collective agreement has been violated
91
What is arbitration?
used as a provision for final settlement
92
What is a cease and desist action?
a communication someone sends an individual or company to stop performing a specific action and to not do the action ever again. “Cease” means stop. “Desist” means don't do it again
93
What does the super seniority clause in a collective agreement refer to?
the highest seniority granted to a union representative in office
94
What is the term for parties no longer being able to negotiate settlements without 3rd party assistance because of the frequent use of arbitration?
The dependency effect
95
What is interest arbitration?
Interest arbitration is used to settle a collective agreement (instead of resorting to a strike and lockout). Rights arbitration is normally the last step in a resolving a grievance.
Ex: Picketing
96
What is Rights Arbitration?
a final and binding process to resolve disputes about the interpretation, application and administration of a collective agreement during the life of that agreement. The procedure for resolving grievances is generally set out in the collective agreement.
- is a dispute resolution method using a third party to make a final and binding decision regarding an unresolved grievance arising from the collective agreement.
97
What is summary dismissal?
employee termination for just cause
98
What is constructive dismissal
when an employer commits a fundamental breach of the contract, such as unilaterally changing a key term of the contract. The employee can treat the breach as a termination
99
What is key to note about employment contracts?
a contract requires mutual consideration to be valid
100
What is common law?
Refers to the rules of law that originate from decisions of court judges.
- courts interpret employment contracts and the legal principles taken from those cases that guide the interpretations of employment contracts.
Ex: a managerial employee filing a wrongful dismissal suit
101
What is the collective agreement?
an employment contract between the employer and union that sets out the terms of employment of a group of the employers employees represented by the union
102
What is the collective bargaining process?
the process of negotiating a collective agreement, including the use of economic pressures by both parties.
- is the process of negotiating the employment terms between an employer and a group of workers.
103
What is contract law?
The contract may outline the entitlements, obligations and restrictions of both parties. Employees may view the contract as a safeguard to their rights and expectations, but contracts most often result in restricting the employee's rights and limiting the employer's obligations in a number of essential areas.
104
What is statutory regulation?
Statutory compliance in HR refers to the adherence and fulfilment of legal requirements, rules, and regulations related to employment, labour, and human resources. These regulations are enforced by government authorities and are designed to protect the rights and interests of employees and employers.
105
What is the strategic choice perspective in industrial relations?
Minimizing the role of unionization in the workplace
106
What is Social Unionism?
Is concerned with improving compensation and working condition of bargaining unit members, while also seeking broader economic and social change.
107
What is the Privy Council Order 1003?
established the rights and obligations fundamental to labour relations in Canada.
108
What is Globalization?
is the trend towards firms obtaining resources and producing and selling their products anywhere in the world.
109
What is Price Elasticity of demand?
refers to how much a change in price affects demand.
110
What is Inelastic Demand?
exists when the demand for a product is less price-responsive.
111
What is Elastic Demand?
exists when the demand for a product is more price-responsive.
112
What is Fiscal Policy?
consists of changes in government spending and taxation to regulate employment levels and inflation.
113
What is Monetary Policy?
consists of changes in interest rates to regulate employment levels and inflation.
114
What is Employee Involvement Group?
is a group of employees who meet to resolve problems or offer suggestions for organizational improvement.
115
What are the 4 main objectives of a union?
1. improving terms and conditions of work for their members.
2. Protecting employees against arbitrary management actions.
3. Providing a process for conflict resolution and employee input.
4. Pursuing economic and social change.
116
What are Parent unions?
is a generic term referring to the central or head office of a national or international union.
117
What is a National Union?
is a union whose membership is situated only in Canada.
118
What is meant by Raiding?
Refers to one union persuading members of another union to change unions.
119
What is union density?
Is the percentage of non-agricultural workers who are union members.
120
What is Union Coverage?
is the percentage of employees covered by a collective agreement, including those who do not become union members.
121
What is union local?
is an administrative unit of a national or international parent union.
122
What are the responsibilities of the Labour Relations Board?
1. Processing union certification applications to represent employees.
2. Processing applications to terminate union bargaining rights.
3. Supervising votes related to certification and decertification of a union.
4. Hearing unfair labour practice complaints by unions, employers and employees.
5. Hearing complaints and issuing declarations regarding unlawful strikes, lockouts and picketing.
6. Resolving disputes arising under a collective agreement in some jurisdictions. Dealing with arbitration of first and subsequent contract disputes in some jurisdictions.
123
What is Decertification?
the process through which a union’s right to represent employees is terminated by the Labour Relations Board.
124
What is Instrumentality?
is the perception that a union will be able to successfully help employees achieve desired terms and conditions in the workplace.
125
What is the Fourfold Test?
determines if an individual is an employee by considering control, ownership of tools, opportunity for profit and risk of loss.
126
What is Representation Vote?
is a secret ballot vote to determine if employees want a union to represent them.
127
What is Statutory Freeze?
is a period when the employer is prohibited from making changes in terms of employment unless the change is carrying on a “business as usual” basis.
128
What are Successor Rights?
protect the rights of the union and any collective agreement if a business is sold.
129
What are articles?
The terms or clauses in a collective agreement. Examples of topics such as seniority, discipline, probation period, union security or wages.
130
What is Maintenance of Membership?
is a type of union security in which employees are not required to join the union as a condition of employment, but all workers who voluntarily join must maintain their membership for the duration of the agreement as a condition of employment.
131
What is COLA?
Cost of Living Allowance
- are provisions that provide an increase in pay for employees based on a formula linked to the rates of inflation.
132
What is a Mandatory Time Limit?
must be met and the grievance might be dismissed if a step is not taken within the time allowed.
133
What is Individual Grievance?
is an allegation by an employee that the employer has violated the collective agreement or a statute and includes a statement of the remedy sought.
134
What is Group Grievance?
is an allegation by a number of employees that the employer has violated the collective agreement or a statute in the same manner for all the employees affected and a statement of the remedy sought.
135
What is Policy Grievance?
is an allegation by either the union or the employer that the other has violated the collective agreement.
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What is a Lockout?
is an employer’s refusal to allow unionized employees to work in order to force the union to agree to certain terms of employment.
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What is Recall Notice?
The agreement will usually provide that employees who have been laid off will be recalled to work in order of seniority.
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What is Recall Period?
is the length of time an employee on layoff is entitled to reclaim their job.
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What is the Sunset Clause?
is a language in a collective agreement that effectively removes from the employee’s record previous discipline after a certain period of time or a length of time in which the employee has been “discipline-free.”
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What is Super-Seniority?
is a provision that specified union officers will be the last to be laid off.
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What are Voluntary Terms?
are articles that the union and management agree to include in collective agreements even though not required by legislation.
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What are Caucuses?
are separate meetings of members of the union or management bargaining teams used to discuss strategy or decisions related to negotiations.
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What is Centralized Bargaining
refers to negotiations that cover more than one location, bargaining unit or employer.
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What is Industry Bargaining?
is a centralized bargaining structure in which one negotiation covers all employees in an industry.
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What is Decentralized Bargaining?
refers to negotiations between one employer and one union for one location.
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What is the Bargaining Structure?
refers to the number of unions, employers and establishments involved in contract negotiations.
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What is Attitudinal Structuring?
refers to the parties’ relationship and what they do to change it.
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What is Hard Bargaining?
is a legitimate attempt to obtain a favourable agreement.
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What is Surface Bargaining?
is bargaining aimed at avoiding an agreement.
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What is Distributed Bargaining?
is a negotiation activity whereby limited resources are divided between the parties.
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What is Interest Based Bargaining?
is an approach to negotiations in which the parties use problem solving and attempt to find a settlement that produces gains for both.
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What is Intra-organizational Bargaining?
refers to activities within each side to build a consensus.
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What is Pattern Bargaining?
Occurs when a union negotiates an agreement with one employer and then attempts to have it copied with other related employers.
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What is the Duty to Bargain in Good Faith?
means that both the union and the employer must make reasonable efforts to reach agreement.
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What is Final Vote Offer?
is a vote by employees on an offer made by the employer.
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What is a Ratification Vote?
Is one in which employees approve or reject an agreement that has been negotiated by the parties.
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What is First Contract Arbitration?
provides for the imposition of an agreement where efforts to reach a first contract have failed.
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What is Statutory Freeze?
means that the employer cannot change the terms and conditions of employment.
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What is the Target Point?
is the result a negotiating party hopes to achieve.
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What is the Resistance Point?
is a negotiating party’s bottom line - the least favourable offer it will accept.
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What is the Initial Position?
is a party’s first offer or demand in negotiations.
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What is Final Offer Selection?
is a type of interest arbitration which the arbitrator chooses between the union’s and employer’s offers.
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What is Total Package Final Offer Selection?
the arbitrator selects all of the union’s or the employer’s offer.
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What is Item-By-Item Final Offer Selection?
the arbitrator chooses between the union and the employer offers separately for each contract issue.
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What is the Chilling Effect?
refers to parties’ unwillingness to make concessions during negotiation.
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What is the Narcotic Effect?
refers to the parties losing the capability to negotiate their own agreement.
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What is the Conciliation Board?
is a three-person panel that hears the bargaining positions of the parties on unresolved items to be dealt with in collective bargaining and then makes recommendations for a settlement.
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What is the Cooling off period?
is the time the parties must wait after conciliation before they can strike or lockout.
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What are Mediators?
attempt to assist the parties by actively engaging in union-management negotiations and introducing possible alternatives in contract proposals to facilitate a settlement on outstanding bargaining issues.
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What is Hot Cargo Clause?
allows employees to refuse to work with goods associated with an employer engaged in a labour dispute.
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What is Secondary Picketing?
refers to picketing at a location other than the workplace of striking employees.
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What is a Lockout?
occurs when the employer closes a portion or all of its premises in order to compel their employees or to aid another employer to compel that other employer’s employees to agree to terms of conditions of employment.
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What is Mediation-Arbitration?
sees the 3rd party first act as a mediator, and if no agreement is reached then as an arbitrator to settle the dispute.
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What is a Rotating Strike?
occur when employees at different locations alternately stop working.
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What is the Onus?
is the legal burden of responsibility to prove a presented case at arbitration.
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What is the Burden of Proof?
refers to who must prove the facts in dispute.
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What is a Constructive Layoff?
refers to the reduction of hours for some employees.
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What is without Prejudice?
is a label identifying documents that cannot be referred to at a subsequent hearing.
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What is Obey Now, Grieve Later?
is a rule that summarized the requirement that employees must obey management instructions and then file a grievance at a later time.
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What is a waiver?
is a legal concept meaning acceptance of the rule that if a party doesn’t object to a procedural error it cannot raise the issue later.
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What is a designated or controlled strike?
This model allows employees the right to strike, but a specified number of employees must continue working to provide essential public service.
