Collective Agreements and Employment Relations
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Questions and Answers

What is the primary transformation in the nature of the employment relationship due to collective agreements?

  • From individual contract to group contract
  • From a temporary to a permanent relationship
  • From an individual employee-to-employer contract to a union-to-employer legal relationship (correct)
  • From a verbal agreement to a written contract
  • Which of the following is a mandatory term that must be included in a collective agreement?

  • An outline of employee benefits
  • A clause for annual evaluations
  • A prohibition against strikes and lockouts during the term of the agreement (correct)
  • A bonus structure for overachieving employees
  • What does the scope clause in a collective agreement signify?

  • The terms under which disputes can be settled
  • The employer's recognition of the union as the sole bargaining agent for a specified employee group (correct)
  • The duration for which the agreement is valid
  • A statement regarding employee training programs
  • Which term describes a clause requiring employers to deduct union dues from employees’ pay?

    <p>Check-off clause</p> Signup and view all the answers

    What is the minimum term required for a collective agreement as per labour relation legislation?

    <p>One year</p> Signup and view all the answers

    Which of the following articles is prohibited in collective agreements?

    <p>Clauses that allow unlimited strikes</p> Signup and view all the answers

    How do collective agreements affect human resources management?

    <p>They establish formal guidelines for interactions with employees</p> Signup and view all the answers

    What is one common practice in traditional adversarial bargaining?

    <p>Competition for limited resources</p> Signup and view all the answers

    What is a mandatory term in a collective agreement regarding union dues?

    <p>Check-off of union dues</p> Signup and view all the answers

    What does the term 'seniority' refer to in a collective agreement?

    <p>An employee’s length of service with the employer</p> Signup and view all the answers

    What is the role of management rights in collective agreements?

    <p>To reserve all rights to manage except as restricted by agreement</p> Signup and view all the answers

    Which of the following is a prohibited term in a collective agreement?

    <p>Unfair labor practices</p> Signup and view all the answers

    What conditions can lead to deemed termination of an employee?

    <p>Absence for a specified length of time</p> Signup and view all the answers

    In a collective agreement, what is a common reason for an employer to impose discipline?

    <p>Misconduct that amounts to just cause</p> Signup and view all the answers

    What is a policy grievance?

    <p>A claim by the union or employer alleging a collective agreement violation.</p> Signup and view all the answers

    In terms of union dues, what is the service fee based on?

    <p>A percentage of the worker’s earnings</p> Signup and view all the answers

    What must be negotiated between the employer and the union regarding leaves of absence?

    <p>Which types of leaves are provided and their extent</p> Signup and view all the answers

    Which of the following correctly describes a strike?

    <p>A refusal to work or restriction of output by bargaining unit members.</p> Signup and view all the answers

    What happens to unresolved grievances?

    <p>They are referred to arbitration.</p> Signup and view all the answers

    Which of the following is NOT a type of grievance?

    <p>System grievance</p> Signup and view all the answers

    What is a lockout?

    <p>An employer’s refusal to allow employees to work to enforce contract terms.</p> Signup and view all the answers

    What is the minimum duration for a collective agreement in all jurisdictions?

    <p>At least one year.</p> Signup and view all the answers

    What is meant by rights arbitration?

    <p>An independent third party reviewing a dispute and making a binding decision.</p> Signup and view all the answers

    What percentage of collective agreement terms had a duration of more than three years in 2015?

    <p>86%</p> Signup and view all the answers

    What is a characteristic of the 'Conflict' type of union-management relationship?

    <p>The employer opposes the union's representation and only engages as required by law.</p> Signup and view all the answers

    Which factor can increase union pressure during negotiations?

    <p>An economic downturn leading to job losses.</p> Signup and view all the answers

    What is the primary purpose of the 'Notice to Bargain' in the negotiation process?

    <p>To ensure that the terms and conditions of employment remain unchanged until an agreement is reached.</p> Signup and view all the answers

    What does 'Duty to Bargain in Good Faith' entail?

    <p>Both parties must be present, listen, and engage sincerely in negotiations.</p> Signup and view all the answers

    How do external economic factors primarily influence union pressure?

    <p>By increasing competition and potential job losses.</p> Signup and view all the answers

    What role do bargaining teams play in the negotiation process?

    <p>They negotiate the terms and conditions of the collective agreement.</p> Signup and view all the answers

    Which type of union-management relationship involves working together towards common goals?

    <p>Cooperative</p> Signup and view all the answers

    Which aspect is NOT typically involved in the bargaining structure of public service negotiations?

    <p>Choosing a mediator to resolve disputes.</p> Signup and view all the answers

    Study Notes

    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.

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    Description

    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.

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