Industrial Relations Week 9: Strikes and Lockouts

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Questions and Answers

Which of the following factors can lead to lower strike levels in workplaces?

Higher frequency of strikes

More autonomy for workers (correct)

Strict management practices

Increased employee discontent

What is typically a prerequisite before a strike or lockout can occur?

A majority vote among employees is required

A new bargaining history must be established

Conciliation process must be completed (correct)

A re-opener agreement must be in place

What is the purpose of a picket line during a strike?

To collect more strike pay for participants

To negotiate better working conditions directly

To create a barrier for replacement workers

To inform the public about the strike (correct)

In jurisdictions like Ontario, what happens to employees once a strike ends?

They are reinstated with priority over replacements Signup and view all the answers

What is a key characteristic of a positive bargaining history?

Successful resolution of past disputes Signup and view all the answers

What is a primary purpose of a strike?

To cease work in order to negotiate terms Signup and view all the answers

Which of the following describes a wildcat strike?

An illegal strike that has not been authorized by the union Signup and view all the answers

Which factor is NOT associated with the occurrence of strikes?

Workplace technological advancements Signup and view all the answers

What is a work-to-rule campaign?

Strictly following work procedures without engaging in additional activities Signup and view all the answers

How do economic factors influence strike frequency?

Strikes often occur during periods of higher labor demand Signup and view all the answers

Which of the following is a characteristic that can affect strike activity?

Demographics of the bargaining unit and community Signup and view all the answers

What role does government intervention typically play in contract disputes?

Providing a framework for resolution and mediation Signup and view all the answers

How can the relationship between a union and employer affect strike activity?

Hostility or past conflicts can increase the likelihood of strikes Signup and view all the answers

What is one potential disadvantage of the conciliation process?

It delays necessary strikes or lockouts. Signup and view all the answers

In a two-stage conciliation process, what happens after the conciliation officer if no settlement is reached?

The case is escalated to a conciliation board. Signup and view all the answers

What is the main role of conciliation officers during the process?

They act purely as facilitators without any decision-making power. Signup and view all the answers

What is one of the advantages of having a cooling-off period after conciliation?

It may help parties reconsider their positions. Signup and view all the answers

What type of arbitration focuses on disputes related to the administration of the collective agreement?

Rights arbitration Signup and view all the answers

What effect does conventional interest arbitration have on negotiation concessions?

It creates a chilling effect discouraging concessions. Signup and view all the answers

What is the role of mediators in the mediation process?

To assist parties in reaching an agreement. Signup and view all the answers

Why might negotiators develop a 'narcotic effect' in conventional interest arbitration?

They become overly reliant on external arbitrators. Signup and view all the answers

Study Notes

Industrial Relations Week 9: Strikes, Lockouts, and Contract Dispute Resolution

Course: ADM3334
Professor: Qian Zhang
Final Exam: December 13th, 7-9 pm, DMS1140
Final Exam Survey: Available
Group Assignment: Due November 11th, before 7:00 pm, submit via BrightSpace

Week 9 Learning Objectives

Describe the purpose of strikes and lockouts
Outline the prerequisites for a strike or lockout
Identify factors affecting strikes and lockout activity
Explain the role of government intervention in contract disputes
Describe other methods to resolve contract disputes

Strike and Lockouts

Strike: A cessation of work, refusal to work, or a slowdown of work by employees, in concert, with a common understanding. This is meant to restrict or limit output, or to refuse to work for the employer.
Lockout: The closure of a place of employment, suspension of work by an employer, or refusal by an employer to continue employing a certain number of employees, to compel employees to agree on terms or conditions of employment. (Canada Labour Code)

Strike Tactics

Work-to-rule campaign: Employees follow all rules exactly, but don't engage in any activities beyond those strictly required by the collective agreement.
Rotating strikes: Employees strike at some locations, while others keep working.
Wildcat strikes: Illegal strikes not authorized by the union.

Factors Affecting Strikes

Differences in information between union and employer: Information asymmetry (one side has more information) leads to diverse expectations.
Economic factors: Increases in labour demand and decreases in unemployment can heighten strike activity.
Bargaining unit and community characteristics: Male-dominated and larger bargaining units are among factors associated with strikes.
Internal conflicts within the union or employer
Relationship between the union and the employer: Hostility, or history of bad relations.
Negotiator skills and experience: Inexperienced negotiators, compared to chief negotiators
Bargaining history: Positive or negative, prior experiences with negotiations.
Legal environment: The frequency and duration of strikes, “re-opener” provisions.
Employee discontent and frustration: Worker dissatisfaction, for example, in workplaces without sufficient autonomy or progressive human resource management practices.
Conflict with employer or union: Internal conflicts within either the employer or the union.

Requirements for a Strike or Lockout

No collective agreement currently in force
Parties have bargained in good faith
Conciliation or mediation process completed
Strike vote
Notice of strike or lockout
Essential services agreement in place

Picketing

Picketing is a method of demonstrating support for a strike, usually with signs at the employer's place of business to inform the public about the strike.
Strike pay is offered by the union to those engaged in picketing.
Accommodation and requirements related to picketing must be considered.

End of Strike

A collective agreement may be reached or the union can call for an end to the strike.
In certain jurisdictions (Canada, British Columbia, etc.), the minister of labour or cabinet may order a final offer vote.
This vote happens when it is in the public interest to do so where legislation provides direction.

Reinstatement of Striking Workers

In Ontario, when a strike ends, striking employees must be reinstated with priority over replacement workers.
Legislation outlines the employer's obligation in reinstating striking workers.

Third-Party Assistance

Conciliation: A process where a third party (a conciliation officer or board) assists the parties to reach an agreement before a strike occurs or is ongoing. It may be a single-stage or two-stage process.
Cooling-off period: A mandated waiting period before a strike or lockout is permissible, typically lasting 7 to 21 days (depending on the jurisdiction), to allow for third party intervention and potentially allow for parties to reconsider. This period has advantages and disadvantages for various stakeholders.
Mediation: A process where a neutral third party (mediator) helps the parties reach an agreement by facilitating discussion and assisting in devising solutions. The mediator does not have the authority to impose a settlement.

Arbitration

Arbitration: Arbitrators make binding decisions after hearings. This process deals with disputes related to collective agreements, primarily in public sector, as an alternative to a strike. Both sides to the dispute will present evidence.
Rights arbitration: Deals with disagreements in the administration of the collective agreement.
Interest arbitration: Used primarily in the public sector as an alternative to strike actions.
Problems with conventional interest arbitration:
Chilling effect: Parties may avoid making concessions.
Narcotic effect: Negotiators become too dependent on the arbitrator.
Final Offer Selection: A form of arbitration, each side presents their final offer and an arbitrator chooses one. This may encourage compromise but could lead to hostility between the sides. There are advantages and disadvantages to this approach.

Next Week

Chapter 10: Administration of Collective Agreements

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This quiz covers the key concepts related to strikes, lockouts, and dispute resolution methods in industrial relations. Students will learn about the prerequisites for initiating strikes or lockouts, factors influencing their occurrence, and the role of government intervention. Prepare to explore various methods of resolving contracts disputes effectively.