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Labour & Industrial Relations > Module V > Flashcards

Module V Flashcards

1
Q

List: workplace factors affecting unionization (8)

A
  • Compensation
  • Fairness, equity
  • Job security
  • Working conditions
  • Workload
  • Voice in policymaking
  • Complaint mechanism
  • Employer policies
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2
Q

List: external factors affecting unionization (2)

A
  • Attitudes toward unions

- Economic factors

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3
Q

List: ways bargaining rights can be obtained (2)

A
  • Voluntary recognition agreement

- Certification process

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4
Q

List: the fourfold test to determine if an employment relationship exists (4)

A
  • Control
  • Ownership of tools
  • Chance of profit
  • Possibility of loss
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5
Q

List: employees excluded from unionization (4)

A
  • Independent contractors
  • Managerial exclusion
  • Employees involved in labour relations
  • Occupational exclusions
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6
Q

List: factors determining the identity of the employer (7)

A
  • The party exercising direction and control over the employees performing the work
  • The party bearing the burden of renumeration
  • The party imposing any discipline
  • The party hiring the employees
  • The party with the authority to dismiss the employees
  • The party who is perceived to be the employer of the employees
  • The existence of any intention to create the relationship of employer and employee
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7
Q

Define: unfair labour practices

A

Conduct by union, employer or employees that is prohibited by legislation. Can vary by jurisdiction.

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8
Q

List: employer conduct considered unfair labour practices (4)

A
  • Threats, intimidation, and coercion
  • Interference or influence by employer
  • Changes in working conditions
  • Statutory freeze
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9
Q

List: employer conduct considered permissible (NOT considered unfair labour practices) (3)

A
  • Communicating with employees
  • Prohibiting entry by union
  • Prohibiting solicitation by union
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10
Q

List: union conduct considered unfair labour practices (2)

A
  • Intimidation, threats or coercion to compel a person to become or cease to be a member of a trade union
  • Solicitation of union support during working hours
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11
Q

List: remedies for unfair labour practices (4)

A
  • Reinstatement of discharged employees
  • Compensation or damages
  • Notice to employees
  • Access
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12
Q

Ordered list: unfair labour practices procedure (4)

A
  1. Complaint filed with Labour Relations Board
  2. Attempt to settle complaint
  3. Hearing before Labour Relations Board
  4. Board decision
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13
Q

Define: de-certification

A

Process by which a Labour Relations Board revokes the right of union to represent employees and bargain

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14
Q

Define: successor rights

A

The purchaser of a business is bound by the certification of union and existing collective agreement.

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15
Q

List: importance of collective agreements (6)

A
  • Workplace control and profitability
  • Wages and benefits
  • Seniority, layoffs, promotions
  • Grievance and arbitration process
  • Rights of the union
  • Cost and availability of services
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16
Q

List: mandatory terms of a collective agreement (3)

A
  • Prohibition against strikes and lockouts during term of the agreement
  • Arbitration provision for agreement administration
  • Minimum term of one year
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17
Q

What is included in the Recognition section of a collective agreement?

A
  • Scope clause
  • Union as bargaining agent
  • Describe terms of unit location and jobs
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18
Q

What is included in the Grievance and Arbitration Procedure section of a collective agreement?

A
  • Defines a grievance
  • Grievance procedure
  • -Steward
  • -Arbitration
  • Types of grievances
  • -Individual grievance
  • -Group grievance
  • -Policy grievance
  • Time limit
  • -Mandatory time limit
  • -Directory time limits
  • Probationary employees
  • Forms of arbitration
  • Problems with arbitration
  • -Expediated arbitration
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19
Q

What is included in the Bargaining Unit Work section of a collective agreement?

A
  • Work normally done by employees in bargaining unit
  • Assigning work to employees outside the bargaining unit
  • Including outside employees in the bargaining unit
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20
Q

What is included in the Strikes and Lockouts section of a collective agreement?

A

Strike: refusal to work by bargaining unit members
Lockout: employer’s refusal to allow employees to work
-Both prohibited during term of collective agreement

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21
Q

What is included in the Duration of Agreement section of a collective agreement?

A
  • Minimum one year
  • Two of three year more common
  • Employers seek longer terms
  • Unions seek shorter terms to increase chance of improvements
22
Q

What is included in the Union Security section of a collective agreement?

A
  • Union dues
  • Union membership
  • -Rand formula or agency shop
  • -Closed shop
  • -Union shop, modified union shop
  • -Maintenance of membership
  • -Open shop
23
Q

What is included in the Management Rights section of a collective agreement?

A
  • Reserved or residual rights
  • Extent of restriction
  • Good faith
  • Sound business reason
  • Short form
  • Long form
24
Q

What is included in the Contracting Out section of a collective agreement?

A
  • Restrictions
  • Extent of restriction
  • Good faith
  • Sound business reason
  • Not related to restriction on bargaining unit
25
What is included in the Discipline and Discharge section of a collective agreement?
- Management rights article - Just cause article - Union representation - Notice and reason - Time limits - Sunset clause (record of discipline)
26
What is included in the Discrimination section of a collective agreement?
- Confirmation of legislation - Listing grounds of discrimination prohibited - -May be broader than legislation - -Elimination of bona fide occupation requirements
27
What is included in the Seniority section of a collective agreement?
- Definition - -Length of service with employer - -Competitive status re: jobs - -Benefit status re: entitlements - Application to workplace - -Unions: seniority for more workplace issues - -Employers: seniority for fewer workplace issues - -Super-seniority - Termination - -Leaving bargaining unit - -layoffs and recall period - -Deemed termination - Accumulation during leave - Application - -Layoffs (bumping rights) - -Recalls - -Job vacancies - --Sufficient ability clause - --Relative or competitive ability clause - --Hybrid seniority
28
What is included in the Health & Safety section of a collective agreement?
- Legislation - Employer and Employee obligations - Canadian Centre for Occupational Health & Safety - Joint Health and Safety Committee - Additional provisions
29
What is included in the Wages section of a collective agreement?
- Job classification - Rate and increase - Change in classifications - Additional allowances - Cost-of-living allowances
30
What is included in the Benefits section of a collective agreement?
- Benefits provided - Included in agreement or not - Detailed in agreement or not - Arbitration mechanism - Employee contribution - How disputed are resolved - -Claims to insurer - -Grievance and arbitration - To avoid grievance and arbitration, benefits should not be referenced in the collective agreement - Benefits as compensation or not
31
What is included in the Hours of Work and Scheduling section of a collective agreement?
- Shift length and schedule - Minimum number of hours - Lunch and break periods - Notice for shift change - Additional pay
32
What is included in the Overtime section of a collective agreement?
- Restrictions - Definition - Distribution - Additional compensation - Remedy for errors
33
What is included in the Technological Change section of a collective agreement?
- Regulation through legislation - Protecting against job loss - Period of notice - Job guarantees - Re-training - Preferences in future openings
34
What is included in the Leave section of a collective agreement?
- Jury duty - Bereavement leave - Maternity leave - Parental leave - Sick leave - Union leave - Personal leave
35
What is included in the Union Business section of a collective agreement?
- Information to employees - Bulletin board for information - Office space for steward - Meetings during working hours - Grievance investigation during working hours
36
List: distinctive features of labour negotiations (4)
- Ongoing relationship - Large number of issues - Legislative requirements - Agreement requires approval of constituents
37
Define: centralized bargaining
Negotiations that cover more than one location, bargaining unit, or employer
38
Define: industry bargaining
One negotiation covers all employees in an industry
39
Define: decentralized bargaining
Negotiations between one employer and one union for one location
40
List: types of union-management relationship (5)
- Conflict - Containment-aggression - Accommodation - Cooperative - Collusion
41
List: factors affecting the union-management relationship (4)
- External economic, technological, and legal factors - Personalities of leaders - Beliefs and values of leaders - Experience with collective bargaining
42
Ordered list: Collective bargaining negotiation process
1. Notice to Bargain 2. Bargaining teams selected 3. Preparation of demands 4. Negotiation meetings - If agreement reached, skip 5/6 5. Conciliation / Mediation - If agreement reached, skip 6 6. Strike/Lockout and/or arbitration 7. Agreement (or impasse)
43
List: factors affecting union demands (7)
- Experience with the collective agreement - Grievances and complaints filed by bargaining unit members - Arbitration decisions - Input from bargaining unit members - Input from national or international unions - Economic forecasts - Contract settlements, industry and local
44
List: factors affecting employer demands
- Experience with the collective agreement - Grievances and arbitration decisions - Feedback from managers - Business plans - Economic forecasts - Contract settlements, industry and local
45
Ordered list: stages of negotiation
1. Establishing the negotiation range 2. Search phase - Monetary issues - Non-monetary issues 3. Crisis phase
46
List: bargaining actions deemed to be in bad faith (10)
- Surface bargaining - Refusal to meet - Objections to composition of a bargaining team - Unlawful strike or lockout threats - Circumventing the union - Failing to provide information - Failing to explain proposals - Changing position without justification - Last minute demands - Illegal demands
47
What is first contract arbitration?
The imposition of an agreement where efforts to reach a first contract have failed. -Availability: determined by legislation -Contents of agreement: made by LRB or arbitrator -Significance: prevents unreasonable terms Tends to be pro-union compared to USA.
48
List: factors affecting the employer's bargaining power (7)
- Inventory levels - Interdependence of bargaining unit - Competitive position of employer - Time of negotiations - Ability to continue operations - Bargaining structure - Public opinion
49
List: factors affecting the union's bargaining power
- Support of bargaining unit members - Size of strike fund - Timing of a strike - Effectiveness of a strike - Effect of picketing - Labour cost / total cost - Elasticity of demand for product or service provided by employer - Public opinion
50
List: types of negotiations (2)
- Distributive bargaining | - Integrative bargaining
51
List: four principals of interest-based bargaining (4)
- Separate the people from the problem - Focus on interests, not positions - Invent options for mutual gain - Insist on using objective criteria

Labour & Industrial Relations (4 decks)

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