Labor Relations Basics Quiz

Industrial Relations - Week 7

• Topic: Union Organizing Drive and Certification
• Professor: Qian Zhang
• Course: ADM3334

Course Schedule

• October 21: Union Organizing Drive and Certification, Chapter 6, Due: Group Assignment 1 (Oct 21 & Before Class Time)
• October 28: The Collective Agreement, Chapter 7
• November 4: Negotiation of the Collective Agreement, Chapter 8
• November 11: Strikes, Lockouts, and Contract Dispute Resolution, Chapter 9, Due: Group Assignment 2 (Nov 11 & Before Class Time)
• November 18: Administration of the Collective Agreement, Chapter 10, In-Class
• November 25: Mock Arbitration Activity, Chapter 11
• December 2: The Future of Unions, Chapter 12

Learning Objectives

• Explain employee motivations (or lack thereof) to join a union
• Outline how a union gains bargaining rights
• Describe the implication of a union gaining bargaining rights
• Outline the steps in a union organizing campaign and certification application
• Outline factors that determine the bargaining unit's significance
• Explain restrictions on employer/union conduct during the organizing process
• Outline the process, remedies, and responses to unfair labor practices during certification
• Explain reasons for terminating a union's bargaining rights
• Outline the effect of a business sale on a union's bargaining rights.

Union Objectives

• Improve work terms and conditions
• Protect employees against arbitrary management actions
• Provide a process for resolving conflict and employee input
• Pursue economic and social change

Why Employees Unionize

• Legal Basis: Canadian labor laws enable employees to decide whether or not to join a union
• Poor Supervision: includes managerial ability
• Compensation: Average hourly wage of unionized employees in Canada was $30.45 in 2018, non-union was $25.45, Union shows advantage in pension plan coverage (80% v 27%)
• Fairness/Equity: unfair treatment
• Job Security: termination/reinstatement possibility; layoffs; and technological changes/outsourcing
• Working Conditions: and instrumentality (worker expectations and experiences in the workplace)
• Workload: includes healthcare workers and teachers
• Voice in Policymaking
• Collective Voice:
• Complaint Mechanism: in workplace policies
• Employer Policies: covers employee involvement programs, compensation, and complaint mechanisms

Why Employees Do Not Join a Union

• Union Dues:
• Political/Social Activities of Unions:
• Strikes:
• Loyalty to the Employer:
• Conflict/Merit:
• Perception of Union Member Work Habits and Attitudes:
• Flexibility:
• Employee Retaliation:
• Job Loss:
• Lack of Opportunity to Unionize:

Unions' Bargaining Rights

• Voluntary Recognition: By employer or voluntary recognition agreement
• Application to Labour Relations Board: To obtain certification

Certification of a Union

• Certification Process: for gaining bargaining rights
• Exclusive Bargaining Agent: for employees, no more individual contracts

Organizing Campaign

• Union attempt to convince employees to become union members
• Includes employee request, assignment of union organizer, and securing sufficient membership

Application for Certification

• Obtaining enough employee membership (percentage)
• Application to Labour Relations Board in the appropriate (federal/provincial) jurisdiction

Key Issues in Application

• Applicant Trade Union Status: must be an organization with regulation of employee-employer relations; not dominated by employer
• Bargaining Unit Appropriateness: Usually described by exception; e.g. separating production workers from management/supervisor level workers for the grouping and appropriate bargaining unit for certification.
• Employee Status and Exclusions: Distinction between employees and independent contractors (four-part test): control over worker, ownership of tools/equipment, worker opportunity to profit/loss
• Managerial Exclusion: impact on employment terms (hiring, discipline, termination, compensation)

Determination of Union Support

• Representation Vote: secret ballot conducted by Labour Relations Board post application for certification
• Membership Cards: certification based on membership cards establishes a required amount of support

Unfair Labour Practice

• Employer Practices: threats, intimidation, coercion, interference, and influence
• Statutory Freeze: prohibits employer changes to employment terms when application or notification occurs

Union Unfair Labour Practices

• Intimidation, Threats, Coercion: compels membership
• Solicitation of Union Support during Working Hours:

Decertification

• Process for Labour Relations Board to revoke union's right to represent employees
• Threat of losing bargaining rights if majority support not maintained
• Policy dilemma

Successor Rights

• if employer sells business, union's bargaining rights are often nullified unless laws provide for rights protection; usually, the new owner does not have to follow the prior owner's agreements, unless it's specifically stated in the contract
• Protecting union bargaining and previous agreements

In-Class Activity

• Read arbitration case
• Identify facts and major arguments from case
• Explore legal evidence through CANLII

Next Week

• Review midterm results
• Prepare readings for next week; (Collective Agreement, Chapter 7)

Test your knowledge on the fundamentals of labor relations and union organizing. This quiz covers the reasons employees might choose to unionize, the certification process, and employer conduct regulations. Discover how well you understand the dynamics of workplace unions.