Collective Bargaining Chpt 12 week 7
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Transcript Collective Bargaining Chpt 12 week 7
HRM
Labour Relations, Collective
Bargaining and Contract
Administration
Labor management relations
the ongoing economic and social
interactions between labor unions and
management in organizations.
labor union
An officially recognized Association
of employees practicing a similar trade or
employed in the same company present a
united front and the collective voice in
dealing with management.
Labor relations strategy (LR)
• An organization’s overall plan for dealing
with unions, which sets the tone for its
union management relationships
Union acceptance strategy
A labor strategy based on management’s
view that the union is the legitimate
representative of the company’s
employees
Union avoidance strategy
• A labor relations strategy based on
management’s preference to operate in a
non-union environment. There are two
possible approaches: unions substitution
or union suppression
Union substitution
A union avoidance strategy that involves
removing the incentives for unionization
by ensuring the needs of employees are
met.
union suppression approach
• A union avoidance strategy involving the
use of hardball tactics, which may or may
not be legal, to prevent unions from
organizing the firm’s employees or to get
rid of an existing union
Labor relations board
• The legally recognized body in every
Canadian jurisdiction (except Quebec)
responsible for interpreting, administering,
and enforcing the labor relations
legislation. In Quebec, a labor court of 20
commissioners perform similar functions
The purpose of Canadian labor
laws
• there are two general purposes
– to set common rules for fair negotiations
– To ensure the protection of public interest by
preventing the impact of labor disputes from
inconveniencing the public
Protection of the public interest- police
officers hospitals employees and
firefighters are denied the right to strike in
most jurisdictions
Why Employees Unionize
Influence HR policies
Improved compensation
Improved conditions
Greater control
Increased security
Sample Question
Studies show that unions _____
employee turnover and ______ the
productivity of workers:
a)
b)
c)
d)
Increase; increase
Increase; decrease
Decrease; increase
Decrease; decrease
Answer = C
Legislation
Canada Labour Code
Provincial/Territorial Labour Relations
Acts
Certification
Bargaining in good faith
Dispute resolution
Unfair practices
Restrictions on strikes
Union security
Labour relations boards
LR – Essential Elements
Unionization
Structure
Philosophy
Certification
Process
Collective Bargaining
Process
Agreement Administration
Dispute resolution
LR – Terminology
• Some include:
Union Acceptance Strategy
Bargaining Agent
Union Avoidance Strategy
Business Agent
Union Suppression Approach
Business Unionism Union Substitution
Yellow Dog Contract
Craft Union
Rand Formula
Response to Organizing Drive
Factual and lawful information
Prohibit distribution of materials during
work hours
Business as usual
No unplanned enhancements
TIPS: No Threats, Intimidation, Promises or
Spying
Certification process follows the organizing drive
LR – More Terminology
• Some include:
Bargaining Zone
Concessionary
Bargaining
Distributive
Bargaining p359
Interest-based
Bargaining
Pattern Bargaining
Final Offer Arbitration
Interest Arbitration
Rights Arbitration
Mediation
Conciliation
Whipsaw
Contract Negotiations
Identify strategy
Gather information
Conduct wage &
benefit surveys
Assess budgetary
impacts
Analyze other
agreements
Review union’s
campaign
Audit past
grievances
Get supervisory
input
Have strike plan
Establish authorities
Prepare bargaining
proposals
Negotiation
• opening position
– yours
– theirs
3
• bottom lines
– yours
– theirs
3
Sample Question
Which of the following is not a good
suggestion to follow in negotiations:
a) Start with easy issues
b) Enlist the support of the conciliator or
mediator
c) Settle quickly and efficiently
d) Stress past progress
Answer = C
Union Security
Closed Shop
Union Shop
Modified Union Shop
Management Rights clause
Rand Formula
Open Shop
Grievance Handling
Investigate each case as if it might lead
to arbitration
Write short answers
Keep an open mind
Collect facts
Involve the shop steward
Visit and inspect work area
Review previous complaints
Identify past practices
Follow policy and agreement
Sample Question
The type of arbitration most likely to be
used to settle grievances is:
a)
b)
c)
d)
Final offer arbitration
Binding arbitration
Interest arbitration
Expedited arbitration
Answer = b
Employee Relations
Handling Complaints and
Grievances
Positive Employee Relations
Employee Communications
Employee Discipline
Progressive Discipline
Sample Question
The final step in progressive discipline is:
a)
b)
c)
d)
Constructive dismissal
Wrongful dismissal
Just cause dismissal
Severance
Answer = C
Termination
Due Process Guidelines
Dismissal with cause
Dismissal without cause
Wrongful dismissal
Bad Faith Conduct – Wallace
Damages
Constructive dismissal