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ADM 3334 Chapter 9

QuestionAnswer
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
Created by: emilysun77
 

 



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