Employee & Labour Relations
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Acquired Rights | show 🗑
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Alternative Dispute Resolution (ADR) | show 🗑
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Automatic Certification | show 🗑
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Bargaining Agent | show 🗑
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show | A group of employees recognized by the labour relations board as an appropriate “Unit” for the purpose of certification & collective bargaining
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Bargaining Zone | show 🗑
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Blacklist | show 🗑
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show | A union philosophy whereby the union recognizes that it is a business & can only survive if it delivers needed services, on a business-like basis, to its members. The usual focus is on economic & security issues
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show | A paid, full-time, elected or appointed union official involved in negotiating the collective agreement, helping to administer its terms, & handling grievances
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Certification | show 🗑
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show | A clause in the collective agreement indicating that only union members in good standing may be hired. This is the most restrictive form of union security clause
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show | Process used by the bargaining agent (union) to reach a collective agreement with an employer. Under it, individual employees surrender their rights to negotiate individual conditions of employment with their employer. Change have to be negotiated.
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Collective Agreement | show 🗑
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Compulsory Check Off | show 🗑
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Concessionary Bargaining | show 🗑
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show | Assistance from a neutral third party; facilitates the continued bargaining process when there has been a breakdown. They have no direct influence/input into terms for the agreement, no power to impose a settlement. Required before strike or lockout.
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Constructive dismissal | show 🗑
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Cooling Off Period | show 🗑
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show | A union limited to representing employees practicing the same craft or trade (e.g. electricians, plumbers, etc.)
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show | Occurs when the majority of employees make it known that they do not wish to be represented by a union, they wish to be represented by another union, or the union fails to successful negotiate a first contract.
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Distributive Bargaining | show 🗑
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Due Process | show 🗑
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Duty of Fair Representation | show 🗑
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show | Normally represent white-collar or professional employees. They also include employee groups that are not certified as bargaining agents under the labour code but carry out negotiations with employers on behalf of employees e.g. doctors
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Estoppel | show 🗑
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Expedited Arbitration | show 🗑
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Final Offer Arbitration | show 🗑
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show | Driven from the bottom up, characterizes locals having a high degree of autonomy
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show | The union & employer make reasonable efforts to arrive at an agreement. It suggests an iterative process of proposals, negotiations, & willingness to compromise.
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show | It is required by law, & outlines the steps, time limits & mechanism for arbitrator selection & resolution of grievances
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show | A union representing all employees in a particular organization or industry
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Independent Local Union | show 🗑
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show | Win-win. This bargaining approach requires an interest on both sides to jointly explore issues, develop mutually beneficial solutions; involves joint fact finding, brainstorming, open communication, mutual respect.
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show | The use of a third party arbitrator to decide upon the terms of a collective agreement
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show | A strategy used by unions to define the scope of work that can be done, the qualifications required, & training requirements for a particular job to ensure that only individuals who are in that job classification can do the work
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show | Recognized association of employees who have joined together to deal with management. They have charters, constitutions & by-laws & are governed by legislation
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show | Relate to agreements that have been negotiated or agreed to during the term of the collective agreement that the parties want included as part of the overall collective agreement
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show | The smallest unit within a union representing a group of employees, usually in a particular geographic area or location
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Lockout | show 🗑
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Management Rights | show 🗑
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Maintenance of Membership | show 🗑
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show | A term whereby a dispute is first mediated by a third party & if a resolution cannot be found through mediation then the third party acts as an arbitrator & makes a ruling on the dispute by which the parties are bound.
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Modified Union Shop | show 🗑
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show | It is a requirement, in virtually all jurisdictions in Canada, that a collective agreement contain a provision preventing occurrence during the term of the agreement
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show | The weakest form of union security clause, in which membership is voluntary
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Past Practice | show 🗑
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show | Where the union uses the settlement made with another employer as a model to follow in reaching an agreement
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Picketing | show 🗑
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Policy Grievance | show 🗑
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show | Called by the LRB early in the certification campaign where there appears to be irregularities in the certification process (not applicable in BC)
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show | A form of integrative bargaining geared to improve productivity resulting in new work practices
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Progressive Discipline Procedure | show 🗑
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Rand Formula | show 🗑
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show | Formal approval provided by the bargaining unit members of a proposed settlement. Not always required by law but is a requirement of most union constitutions. Approval achieved when the majority of employees are in favour of the negotiated agreement.
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show | Are hired by the employer to perform the duties of employees who are on strike
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Representation Vote | show 🗑
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Residual Rights | show 🗑
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Rights Arbitration | show 🗑
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show | Union activity/philosophy/strategy directed atinfluencing the social & economic policies of governments
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show | A temporary refusal to work following a union membership vote. To be lawful, they must occur in accordance with the provision of the jurisdiction & labour relations statutes
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show | Going through the motions during collective bargaining without any real intent to reach an agreement
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show | Is directed at other organizations such as the suppliers or customers of the primary organization undergoing the work stoppage
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Seniority & Job Security | show 🗑
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Strategic Choice Model | show 🗑
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Unfair Labour Practice | show 🗑
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Union Steward | show 🗑
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show | When the employer views the union & collective bargaining process as legitimate & appropriate for their organization
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show | When the employer prefers to be non-union & has developed HR policies & programs that discourage employees from wanting to join a union. This is sometimes referred to as union substitution or proactive HRM
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Union Shop | show 🗑
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Union Suppression Approach | show 🗑
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show | A procedure, recognized in legislation, where the employer accepts the union without going through a formal certification process
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Wildcat Strike | show 🗑
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show | Union strategy for using the settlements of others to gain ground (e.g. threaten to strike unless the same deal as was provided by a competitor is provided)
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Work Stoppage | show 🗑
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show | When an employee dismissal is not in compliance with the law or with a contractual arrangement. Includes not providing reasonable notice; which often extends beyond the minimum in statute law. Takes into consideration precedences set in common law.
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show | A former practice requiring employees to sign agreements indicating that they were not members of the union, nor would they become members while employed. Today this is illegal
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