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Labour Relations Flashcards

1
Q

Industrial Relations

A

all employment issues and relationships that govern the workplace (ie employment contracts, conflict mgmt)

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2
Q

Employee Relations

A

the direct employer-employee relationship

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3
Q

Labour Relations

A

the relationship between a union or professional association representing the employees and their employer

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4
Q

Difference Between Dismissal of Non Union vs Union

A

Non Union dismissed without cause can lead to action under ESA or adjudication, resulting in best outcome of reasonable notice and/or money in lieu

Union dismissed without cause can seek redress, grievance/arbitration, substantial protection against arbitrary dismissal and bump others with less seniority

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5
Q

Employment Standards Act (ESA)

A

sets out the minimum standards for employment, with specific provisions such as minimum wage, hours of work and overtime, vacation and paid holidays, pregnancy/parental leave and or notice of termination

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6
Q

Ministry of Labour (MOL)

A

administers the ESA and its regulations, provides info and education to employers, investigates possible violations and resolves complaints

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7
Q

Human Rights Code (HRC)

A

prohibits actions that discriminate against people based on a protected ground in a protected social area

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8
Q

Protected Grounds in the HRC

A

age, colour, race, ethnic origin, family or marital status, gener identity, gender expression, sex or sexual orientation

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9
Q

Bona Fide Occupational Requirement (BFOR)

A

allows employers to legally discriminate

ie. physical strength for fire fighter, vision for pilot

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10
Q

Pay Equity

A

to try to close the part of the wage gap that results from gender discrimination in employer pay practices

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11
Q

Employment Equity Act

A

to ensure equitable participation in the labour force for four “designated” groups of people that are considered under-represented and therefore disadvantaged

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12
Q

Designated Groups in the Employment Equity Act

A

women, aboriginal peoples, persons with disabilities, members of visible minorities

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13
Q

Why Unionize?

A

collective voice, economic needs, dissatisfaction with management, social and leadership needs, politics or ideology

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14
Q

Responses to Unionization

A

Union Acceptance - accepts that they will be unionized
Union Resistance - active opposition
Union Substitution - eliminating employee desire by providing superior employment conditions
Union Removal - union busting leading to decertification

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15
Q

Certification Process

A 
1 - contact between employee and union rep
2 - organize meeting
3 - formulate inhouse committee
4 - apply to Labour Relations Board
5 - recognition or employee vote
6 - contract negotiations
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16
Q

Collective Bargaining Definition

A

process where a union and an employer negotiate either a first collective agreement or the renewal of a previous collective agreement

normally look at wages, working conditions, grievance procedures, fringe benefits

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17
Q

Negotiation Process

A

once union has been certified, give employer written notice of desire to bargain.

union-management negotiations address a broad range of issues, and are statutorily regulated. they are conducted by reps of the parties who have final approval. the union-management relationships are long term

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18
Q

Different Collective Bargaining Styles

A

Distributive bargaining or positional bargaining

interest-based, integrative or mutual gains bargaining

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19
Q

Distributive Bargaining or Positional Bargaining

A

focuses’ on one’s position, compete over distribution of fixed resources, both strive for maximum personal gain, results in win/lose outcomes

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20
Q

Interest-Based, Integrative or Mutual Gains Bargaining

A

focus on each others interests, results in win/win outcomes, resolve issues through joint committee structure

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21
Q

Bargaining Influences

A

Attitudinal structuring, emergent relationship, intra-organizational bargaining, bargaining zone

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22
Q

Attitudinal Structuring

A

processes and interactions that lead to the attitudes one party has about the other. this process identifies mutual interest, distributive, and hybrid issues and negotate/deal with them separately, building trust and mutual respect between parties.

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23
Q

The Emergent Relationship

A

Conflict -> Aggression -> Accommodation ->Cooperation -> Collusion

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24
Q

Intra-Organizational Bargaining

A

bargaining spokespersons have to respond to two demands - those from across the table and those from their organization

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25
Q

The Bargaining Zone

A

the area/range in which the agreement is satisfactory to both parties - essentially the overlap area between walk away positions.

26
Q

Collective Agreement Definition

A

written contract of employment covering a group of individuals represented by a trade union. it contains provisions that govern the terms and conditions of the employment relationship. (rights, privileges, duties of employer)

27
Q

Four Collective Agreement Provisions

A

1 - rights and obligations of parties (purpose, definition, mgmt rights)
2 - conditions of employment (wages, hours, vacation)
3 - general work (layoff, transfers)
4 - work environment (discipline procedures, health and safety)

28
Q

Management Rights

A

employers right to run the org as it was before unionization, except for changes triggered by the CA

29
Q

Different Unionized Workplaces

A

Closed Shop, Open Shop, Union Shop, Agency Shop, Rand Formula

30
Q

Closed Shop

A

employers required to hire and employ only members of a particular union

31
Q

Open Shop

A

union membership is not a condition of employment

32
Q

Union Shop

A

employer can hire employees who are not union members, but each employee in the bargaining unit must join the union

33
Q

Agency Shop

A

all employees in the bargaining unit are required to pay union dues or equivalent amount, whether or not they choose to be in the union

34
Q

Rand Formula

A

union dues are withheld from the pay of an employee, whether or not they belong to the union

35
Q

Union Density

A

percentage of workers in a labour force who are union members

36
Q

Yellow Dog Contract

A

former practice of requiring employees to sign a contract indicating they would not join a union this is illegal today

37
Q

Whipsaw

A

union negotiating tactic that plays one employer off against another

38
Q

Job Control

A

CA clause that limits job assignment freedom

39
Q

Estoppel

A

when a clause in the CA is not upheld, can be claimed that the party it advantages has given up their right to that clause

40
Q

Bumping

A

ability of a displaced worker to “bump” another worker with lower seniority from their job

41
Q

Strike

A

legal work stoppage by employees

42
Q

Wildcat Strike

A

an illegal work stoppage

43
Q

Work to Rule

A

form of a strike resulting in reduction of productivity

44
Q

Essential Service Agreement

A

restricts the ability to strike for workers whose absence may significantly impact public interest (ie. fire fighters)

45
Q

Lock Out

A

legal work stoppage by the employer

46
Q

Different Union Representatives

A

Business Agent, shop/union steward, chief steward

47
Q

Business Agent

A

employed by union to represent their affairs, negotiate agreements and handle grievances

48
Q

Shop/Union Steward

A

employed by the org and elected by their peers to be on site representation

49
Q

Chief Steward

A

employers most senior shop steward

50
Q

Grievance Definition

A

defined within the CA but is usually an alleged violation of the CA and claims for redress of any damages, provides opportunity to resolve dispute without work stoppage

51
Q

Grievance Categories

A

Application grievance, Interpretation grievance

52
Q

Application Grievance

A

parties agree on the meaning of the clause but not on its application

53
Q

Interpretation Grievance

A

parties do not agree on the meaning of the clause

54
Q

Types of Grievances

A

individual, group or policy

55
Q

Individual Grievance

A

applies to one person

56
Q

Group Grievance

A

of emoloyees that file the same grievance together

57
Q

Policy Grievance

A

impacts the interpretation of a clause to the point it could impact everyone

58
Q

Steps in the Grievance Process

A

1 - Present in writing to mgmt
2 - Present to more senior mgmt
3 - Present to more senior mgmt and union reps
4 - Scheduled for arbitration

59
Q

Alternative Dispute Resolution

A

involves use of a third party to resolve complaints efficiently and avoid litigation

includes arbitration, mediation, conciliation, negotiation, ombudsperson

60
Q

Rights Arbitration

A

when arbitration is used to settle a grievance

61
Q

Arbitration

A

arbitrator performs similar to a judge or court by making a binding decision to resolve the dispute between parties - decision is legally binding

62
Q

Mediation

A

active participation of a third party (arbitrator) who finds points of agreement on both sides to have a fair result, however is NOT legally binding

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