Collective Agreements and Employment Relations

Industrial Relations - Week 8

• This week's topic is the Collective Agreement & Negotiation.
• The professor is Qian Zhang.
• The course code is ADM3334.
• Pedagogical values and goals include student success, knowledge of Industrial Relations, a safe and caring environment, and student well-being.
• The professor is dedicated to helping students.

Course Schedule

• Oct 21: Union Organizing Drive and Certification, Chapter 6, Group Assignment 1 due before class.
• Oct 28: The Collective Agreement, Chapter 7.
• Nov 4: Negotiation of the Collective Agreement, Chapter 8.
• Nov 11: Strikes, Lockouts, and Contract Dispute Resolution, Chapter 9, Group Assignment 2 due before class.
• Nov 18: Administration of the Collective Agreement, Chapter 10, In-class activity.
• Nov 25: Mock Arbitration Activity, In-class activity,Chapter 11.
• Dec 2: The Future of Unions, Chapter 12.

Learning Objectives

• Summarize the significance of collective agreements in labour relations systems.
• Describe the legal nature of collective agreements between stakeholders.
• Identify mandatory collective agreement terms required by legislation.
• Outline voluntary terms commonly included in collective agreements.
• Understand prohibited language in collective agreements.
• Explain the impact of collective agreements on human resource management.
• Identify the factors influencing the bargaining structure and their significance.
• Detail traditional adversarial bargaining practices and procedures.
• Describe the principles of interest-based bargaining.

Collective Agreement

• Collective agreements transform the employer-employee relationship from individual contracts to union-employer legal relationships.
• Employers, unions, employees, and the public all have a vested interest in collective agreements.

Collective Agreement Contents (Mandatory, Voluntary, & Prohibited)

• Mandatory terms:
  • Union Recognition
  • Grievance/Arbitration Process
  • Strikes & Lockouts
  • Term of Agreement
  • Dues Check-off
  • Management Rights
  • Bargaining Unit Work
  • Union Security
  • Probation Period
  • Seniority
  • Discipline & Discharge Procedures
  • Hours of Work & Scheduling
  • Overtime
  • Public Holidays
  • Vacations
  • Leaves of Absence
  • Wages
  • Benefits
  • Health & Safety
  • Technological Change
  • Contracting out
  • Union Business
  • No Discrimination
• Voluntary terms: Terms and conditions of work not required by legislation. Includes management rights and bargaining unit work.
• Prohibited terms: Unfair labor practices or terms that run contrary to human rights laws; may include specific articles calling for management and unions to uphold human rights codes within their jurisdictions.

Grievance and Arbitration Process

• A grievance is a formal complaint claiming violation of a collective agreement, employment statute, or human rights law, including the requested remedy.
• Grievance proceedings have steps and time limits for each step.
• Disputes that the parties cannot resolve through negotiation are referred to arbitration.
• Types of grievances include individual, group, and policy grievances.
• Arbitration is a dispute resolution method where management and union representatives present evidence to a third party who makes a binding decision.

Mandatory Terms: Strikes and Lockouts

• A strike is the refusal to work in a bargaining unit.
• A lockout is an employer's refusal to allow employees to work to force a union to accept employment terms.

Mandatory Terms: Duration or Term of the Agreement

• Collective agreements in all jurisdictions have a mandatory one-year term (or longer).
• If not specified, a term of one year is implied.

Mandatory Terms: Check-off of Union Dues

• Union dues collection is through a service fee paid by members.
• The fee percentage is typically agreed upon by the union and not part of contract negotiations with the employer.

Negotiation of Collective Agreements

• Bargaining structure: Involves the number of unions, employers, establishments involved in contract negotiations.
• The issue "Who bargains with Whom"(which parties negotiate with each other).

Union-Management Relationships

• Types range from conflict (employer opposes the union) to a cooperative relationship (mutual respect and collaboration) or even collusion (illegal agreement for common goals).

Influencing Factors

• External factors (economic downturn, increased competition, technological innovation) can influence union pressure and job security.
• Internal factors (leadership personalities, beliefs, experiences, and legal factors) also play a significant role.

Negotiation Process

• Steps in collective bargaining process: notice to bargain, team selection, preparation of demands, meetings, conciliation/mediation, strike/lockout, arbitration and agreement (or impasse).
• Conciliation or mediation must occur before a strike or lockout in most jurisdictions.

Notice to Bargain

• An employer or union can initiate the bargaining process by giving a notice to bargain.
• Labour relations legislation often includes a statutory freeze, that prevents the change in conditions of employment after the notice to bargain.

Bargaining Teams

• Each party (employer and union) will assemble a bargaining team. Key members may include a department manager, HR assistant, director of labor relations, HR manager, and senior financial analyst on the employer's side.
• Union side may include a union steward, chief steward, business agent, local president, local secretary.

Preparations for Negotiation

• Experience and past practices have an impact on demands from both the union and management side.
• Other key factors include grievances, economic forecasts, other contract settlements.

Duty to Bargain in Good Faith

• Good faith involves negotiation with respect, attempting to find common ground to reach an agreement.
• Examples of bad faith negotiation practices include refusal to meet, surface bargaining, deception, concealing important info, and refusing to fulfill reasonable efforts for collective agreement terms.

First Contract Negotiation

• Neutral arbitrators (or Labour Relations Boards) will settle disagreements during first contract negotiations.
• This is to prevent employers from using unreasonable positions to avoid a union.

Mid-term Reflection

• Course average, main issues, answer keys will be available for student review during midterm reflection.

Next Week

• Required assignments and chapters to study.

Explore the impact of collective agreements on employment relationships and human resource management in this quiz. Learn about mandatory terms, scope clauses, and key concepts related to labor relations. Test your knowledge on the terminology and practices involved in collective bargaining.