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Industrial Relations
Industrial Relations Loyalist College Canada
| Question | Answer |
|---|---|
| Define the term Industrial Relations | Employer and employee relationship |
| Management is | The company or organization |
| HR management is | all interactions between employer and employee. |
| What is an employee? | Hired to complete work for an organization |
| Employment relations is | Interactions between management and employees who are not unionized |
| Labour Relations is | Interactions between management and employees who are unionized. |
| Labour Relations Laws | Primary legislation in each Canadian jurisdiction. |
| Occupation specific | only applies to certain occupations or industries |
| Public sector legislation | Government employees or organizations affiliated with employees. |
| Human Rights | Legislation preventing discrimination |
| Employment Standards | Legislation governing minimum employment standards |
| Charter of Rights and Freedoms | basic rights and freedoms for Canadians |
| Formation of a union | Workers in same occupation with same employers come together to form a union. |
| Three major functions of a union | Dealing with workplace problems/grievances, collective bargaining, coordinating political or social activity |
| Describe the steps in the organizing campaign | 1. Decision to join/form union 2. Information meeting held to assess support 3. Organizing committee is formed. 4. Committee contacts workers, for signature of support 5. Application for certification is made 6. Labour board assess application |
| The Labour Board when assessing an application can | 1. Grant automatic certification (if available) 2. Order a vote in the workplace 3. Suggest alterations to the bargaining unit 4. Deny application |
| An application for certification contains the following | 1. Description of proposed bargaining unit 2. Signatures of those intending to join 3. Identification of the employer and proof that the union is a bona fide union |
| An example of an unfair labour practice is | Influencing the choice of an employee for a union in favour of management or threats of termination if agreeable to a union. |
| How bargaining structure is determined | Certification order names employer and union that will bargain and relevant labour legislation. |
| What is a Union Security Clause | Sections of the labour code are applied differently to ensure a union has resources to represent all bargaining members. |
| Common Union Security provisions are: | (CHURD) Closed shop Hiring Hall Rand Formula Dues Check-off |
| Closed Shop Security provision | Must agree to join a union and pay union dues as a condition of employment. |
| Hiring Hall Security provision | Union supplies unionized employees to the employer |
| Union to Expel Members security provision | Employer may be compelled to dismiss an employee if the union expels the employee from union membership. |
| Rand Formula Security provision | Employees in the bargaining unit pay union dues but choose whether or not to be union members. |
| Dues Check Off Security provision | Employer deducts dues from employees paycheck and gives money to union as dues. |
| What is Pattern Bargaining? | An agreement reached by one union and employer is used to pressure other employers in the same industry or that deal with the same union into agreeing to similar terms. |
| Most Common Bargaining Structure | Single union - single employer |
| Two components to Bargaining in good faith | 1. Expected to enter into honest bargaining 2. Bargaining with the intent of reaching a collective agreement. |
| Bargaining in bad faith examples: | outright refusal to bargain, surface bargaining, refusal to provide rationale for position. |
| What is surface bargaining | Bargaining with no intention of reaching a collective agreement. |
| Boulwarism | presenting an initial offer as a final offer with no rationale and refusal to negotiate further. |
| Stages of Negotiation | Pre-negotiating stage, Establishing range, narrowing range, crisis stage, ratification |
| Pre Negotiation stage | each side determines its priorities,goals, and proposals for the upcoming negotiations. |
| Establishing range stage | both parties introduce their bargaining team members and present their proposals |
| Crisis stage | One or both sides must decide to settle or whether to use its demands. |
| Ratification stage | during ratification the negotiating teams return to those they present for contract term approval. |
| Intra-organizational bargaining | bargaining teams and organizations reach internal agreement on bargaining priorities and strategies. |
| Attitudinal structuring | Establishing patterns that define and shape each sides negotiating behaviour. |
| Integrative Bargaining | potentially permits both sides to win, creating cooperative atmosphere by emphasizing shared interests. |
| Distributive Bargaining | both parties are involved in conflict over allocation or fixed and limited resources. Adversarial in nature. |
| Bargaining power | Actual or perceived ability of one side to get the other side to agree to its terms. |
| Factors affecting a unions bargaining power | Strength of commitment, Access to funds, Timing and effectiveness. |
| Alternative models of union management | Cost of disputes and mutual gains |
| Explain the difference between a strike and lockout | Strike - occurs when union members in a bargaining unit withdraw their labour. Lockout - occurs when the employer closes all or part of the workplace so that the workers cannot enter the premises to perform their job. |
| When can strikes or lockouts occur? | Only legal during a collective bargaining process, Negotiations do not have to be taking place. |
| Slow-down strike actions | 1. Union imposed over-time bans 2. Rotating strikes 3. Work-to-rule campaigns |
| Motivations for striking or lock-outs | intention of inflicting economic suffering on the other party to better position themselves. |
| Limitations for picketing | Shared premises, secondary picketing, compliance with the law, adherence to the facts, replacement workers. |
| Strike or lockout ends one of two ways: | Bargaining parties reach a collective agreement, one party chooses to end its actions and return to bargaining. |
| Conciliation | First step in solving a negotiating impasse. The concilliator asses the positions of the parties, does NOT take part in the bargaining, then submits report to both parties and Ministry of Labour. |
| Mediation | Unable to resolve differences means an application for mediation can be made. 1. LRB appoints mediator 2. Mediator participates in negotiations 3. Provide report at end including recommended settlement terms |
| Interest Arbitration | Most intensive and invasive, Arbitrator establishes some or all of the terms of the collective bargaining process |
| Grievance Arbitration | A third party determines the application or interpretation of the terms and conditions of the collective agreement. Used to settle disputes that arise once a collective agreement is in place. |
| Grievance | Used to describe an alleged violation of one or more of the terms of the collective agreement. |
| Timelines of a grievance | A grievance commences when the affected individual or group knows, and affected parties of a grievance have an obligation to make concerns known as soon as possible. |
| Grievance arbitration process | 1. Designed to bring a final and clusive resolution to the disagreement. 2. Appointment of arbitrator, usually laid out in a collective agreement. 3. Arrangement of an arbitration hearing and issuing of subpoenas for witnesses and documentation. |
| Preliminary Issues | Any objections concerning timelines of the grievance or if the issue at hand constitutes a grievance, are also raised |
| Procedural Onus | Which party bears the responsibility for proving their case in the proceedings, rather than simply responding to allegations. |
| Standard of Proof | Determine whether a party has sufficiently proved its case |
| Order of proceeding | the actual hearing of the grievance begins. |
| Individual Grievance | action take or not taken by employer specifically affects an individual employee. Discipline is a common cause of individual grievances |
| Group Grievance | If an employers actions affect a number of employees in the same manner then a group grievance may be filed. |
| Policy Grievance | A union files a policy grievance on behalf of all employees, alleging that an employers action or lack of action is a violation of the collective agreement |
| Interest Arbitration | The arbitrator establishes some of all of the terms and conditions of the collective agreement. |
| Preparing for arbitration | Ascertain the facts, identify the issues, Develop a theory of the case, research the law, obtain documents and particulars, preparation of witnesses, composition of opening statement, drafting final argument |
| Workplace Restructuring | Downsizing in the workforce, work being partially or completely shifted to other locations, companies or countries. Increased industry competitiveness leading to changes in working conditions or redesigned work. |
| Continuity and Control in Successorship | Continuity or control between previous and present forms of the business. Continuity deals with any form of connection between two forms of the business, control is how much direction the former management or owners give to new business |
| Successorship | relates to the status of a certification order after some material change in a business or employer occurs, given that certification order was already in place before the change. |
| Decertification | The process through which a union is removed as the legal representative of a group of employees. |
| Deskilling | Management decisions that focus on designing a job to minimize the skills needed to perform it successfully. |
| Fact finder | Form of third party intervention similar to concilliation available in some Canadian jurisdictions |
| Duty of fair representation | the legal duty of a union to represent all its members fairly and without bias. |
| Standard of Proof | Guidelines to assist arbitrators in determining which party's case should be upheld or accepted. |
| Balance of probabilities | The standard of proof used in cases alleging unfair labour practice. |
| Procedural Onus | the expectation that one party to the alleged offense is responsible for proving its actions were justified. |
| Conciliation | A form of third party intervention in which they investigate a bargaining dispute and makes a report on its findings. |
| Boulwarism | The bargaining tactic of presenting a single offer, sometimes based on employers survey of union members preferences, and refusing to negotiate any further. |
| Direct examination | an examination of one partys witnesses by a representative of the same party during an arbitration hearing. |
| Raiding | An attempt by a union to certify workers already belonging to another union. |
| Rand Formula | A collective agreement provision that permits workers to choose whether or not to join a union but requires all workers in a unionized workplace to pay union dues. |
| Webbs Theory | Advocated reform of working conditions like those found in the industrialized factories. They also believed that these were a larger societal issue and not just workplace. Representing a division between the rich and the poor |
| Selig Perlman | identified the emergence of capitalism as one of the catalysts for the emergence of unions. Believed it was based on a separation between capital and labour that did not exist in the pre-industrial revolution economy |
| John Commons | Emergence of unions as a response to changes in the economic system. Felt that unions would survive long-term if they focused on the quality of the product produced and not wages being paid to workers. |
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athenaadele
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