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ADM 3334 Chapter 9
| Question | Answer |
|---|---|
| strike | - temp refusal by bargaining unit to continue working, has to be collective and not individual - can also be restricting output - exception not a rule in labor relations |
| work rule campaign | work slowdown carried out by strictly adhering to work rules and CA |
| rotating strikes | employees strike at some locations while other locations continue working |
| wild cat strikes | illegal strike that has not been authorized by union |
| lockout | employer refusing to let employees to work or employ to force union to agree during bargainig - motivation plays a factor bc if suspend due to economy, not lockout |
| 2 requirements for it to be a lockout | - must be suspension of work or reguse to employ - purpose of refusal is to compel employees to agree - motivation plays a factor bc if suspend due to economy, not lockout |
| function of strike | way to resolve conflict, make necessary moves, if not allowed to strike, conflict arise through greivance |
| factors affecting strike | economy, bargainign unit characteristics, diff in info |
| when can you strike or lockout | no CA in force, parties have bargained in good faith, conciliation process complete, strike vote, notice, essential service agreement in place |
| picket line | area set up by workers who are on strike, crossing it means going into work despite strike, can't tresspass private area |
| hot cargo clause | allows employees to refuse work with goods associated with an employer engaged in labour dispute |
| how to remedy illegal strike or lockout | greivance and arbitration since breach CA |
| strike pay | money paid by union to members striking |
| secondary picketing | picket at one location other than where striking employees work |
| exception to reinstate employees | if employee made application to return to work or illegal strike |
| what counts as a strike in Canada | disputes leading to 10 or more work days lost |
| picketing law | - can only be established to inform, can't be used to intimidate |
| injunction | court ordered, time limited restriction on location, timing of picketing during legal strike |
| does strike only end when CA reached | no, union can call it off before |
| displacement | striking employees can displace person performing their work during strike |
| if insufficient work | employer should reinstate them to bargaining unit as work becomes available in ontario, in other places may be unfair labour practice |
| third party assistance | involves neutral third party when can't agree on terms, in Ontario, require formal request to labor minister but all others allow parties to request assistance directly |
| 4 types of third party assitance | conciliation, mediation, arbitration, mediation arbitration |
| conciliation | confer with parties, suggest solutions, help them reach agreement and report back to minister with likelhood of settlement |
| mediation | mediators attempt to facilitate by actively engaging in union management neghotiation and give alternatives |
| arbitration | parties present evidence and arguements to third party who makes binding decisions - rights arbitration relation to admin of CA, interest is the negotiation process |
| mediation arbitration | first mediate then settle if no agreement |
| fact finding | fact finder investigates and reports back to minister, these facts non-binding. found in private sector |
| cooling off period | time parties must wait after conciliation before can strike or lockout |
| no board report | confrims that conciliation board won't be appointed and begins the countdown for strike |
| chilling effect | parties unwilling to make concession during negotiation |
| narcotic effect | parties lose capability to negotiate own agreement |
| final offer selection | both union and employer submit final offer to arbitrator who chooses one - total package where select all of either onme - item by item where choose between for each item |