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ADM 3334 Chapter 7
| Question | Answer |
|---|---|
| legal requirements for CA | - must comply with employment standards, human rights legislation |
| how are union and management rights and obligations established | through CA |
| what do asteriks represent in CA | change in terms |
| non discretionary vs quasidiscretionary | - non discretionary means it has to be enforced and can't avoid - quasi-discretionary means in good faith |
| mandatory terms | provision that must be included in collective agreement by required by law |
| 5 examples of mandatory terms | recognize unions, prohibit strike and lockout during agreement, provision arbitration of disputes, min 1 year agreement term, check off of union due clause |
| union recongition | article in CA stating that employer recognizes union as sole bargaining agent for specific group - important bc identify jobs in bargaining unit |
| grievance | - greivance is allegation that CA has been violated |
| grievance procedure | - steps and time limit for union and employer rep meet to try and resolve - time limits can be mandatory where if not met, greivance can't proceed |
| steward | elected local union official to assist employees |
| types of greivances | individual, group, policy (allegation either by union or employer) |
| arbitration | unresolved arbitration goes to arbitration where present to third part who makes final binding decision |
| single vs board | single: faster and cheaper than board but may be less familiar, more familiar with CA if named in CA or appointed Board: ensure each side heard but slower and expensive |
| problems with arbitration | too slow but have expidited processes, and costs a lot |
| stikes and lockout | strikes and lockouts prohibited during term of collective agreement |
| union due | % of earnings, can't be negotiated |
| articles | terms and clauses in CA |
| voluntary terms | not required by legislation to include |
| management rights | only article that protects management, can be short or long |
| reserved right theory | employer has all rights to manage organization except for rights restricted in CA |
| bargaining unit work | work done by bargaining unit, have this to prevent employees not in unit from doing work of employees in unit |
| union security | help secure ongoing presence and influence of bargaining agent, dues check off, type of union security like closed shop |
| rand formula - agency shop | a CA term requiring deduction of union dues from all employees in bargaining unit, even those decide not to formally join union |
| closed shop | individual must be union memeber before hired, new employees hired through union , this type of shop enerally limited to construction |
| union shop | new employees dont have to be union members to be hired but must become union members during specified time after hire - unions prefer this |
| modified union | membership required for employees hired after agreement in force |
| maintenance | not required to join union to be employed but those who do must maintain memebership for duration of agreement |
| open shop | not required |
| probabtion | during this time, termination without pay or notice is posisble, typically can't challenge dismissal but CA shouldn't directly say this |
| seniority | unions prefer having this to avoid favoritism, job security, used for determining layoff or promotion or benefits status like vacation amount |
| super seniority | union officer last to be laid off |
| recall period | how much time employee has to reclaim job |
| deemed termination | if employee absent for specified time, automatically dismissed |
| bumping | employee who would otherwise be laid off displacing another employee with less seniority , senioirty is only factor considered |
| sunset clause | removes previous discipline from record after certain period employee is discipline free |
| contracting out | employer arranging for another organization to do work that couldve been done by its employees |
| prohbited terms | articles that can't be included in CA like unfair labour practices and contradict human rights laws |
| seniority lost | should be specified in CA, like from retiring or quiting |
| job vacnacy considerations | remain in positonf for 6 months to avoid job hopping |
| recall notice | employees who have been laid off will be recalled in order of seniority, can be based on seniority or KSAs |
| sufficient ability clause vs relative ability clause | sufficient: employee with most seniority gets job if they have enough ability even if other has more ability relative: seniority used only if skills of two employees equal - employee with most senoirity gets job if skills equal or greater |
| hybrid seniority provision | seniority included along with KSA |
| hours of work | unless CA says something, employer has right to determine this |
| jury duty | legislation provides that employer must grant leave for jury durty to protect seniority |
| cost of living allowance | pay increases to protects against risk of inflation |
| legally required benefits | cpp, EI |
Created by:
emilysun77