Podcast
Questions and Answers
What is a key reason why union democracy contributes to the effectiveness of unions?
What is a key reason why union democracy contributes to the effectiveness of unions?
The Rand formula requires employees to join the union.
The Rand formula requires employees to join the union.
False (B)
What is the main advantage of members being involved in the operation of the union?
What is the main advantage of members being involved in the operation of the union?
Member involvement helps to identify future leaders and fosters greater commitment to the union's goals.
A ______ requires new employees to join the union after a probation period.
A ______ requires new employees to join the union after a probation period.
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Match the union security arrangements with their descriptions:
Match the union security arrangements with their descriptions:
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Legislation aimed at ensuring labor standards is increasingly less relevant for younger workers who are often employed in part-time or low-end jobs.
Legislation aimed at ensuring labor standards is increasingly less relevant for younger workers who are often employed in part-time or low-end jobs.
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Name three key perspectives on why unions exist.
Name three key perspectives on why unions exist.
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Which of the following is NOT a characteristic of craft or occupational unionism?
Which of the following is NOT a characteristic of craft or occupational unionism?
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The vision of ______ unionism often extends beyond collective bargaining and includes social reform initiatives.
The vision of ______ unionism often extends beyond collective bargaining and includes social reform initiatives.
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Which of the following is an example of a public sector union advocating for social justice?
Which of the following is an example of a public sector union advocating for social justice?
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Union membership is significantly higher in the private sector compared to the public sector in Canada.
Union membership is significantly higher in the private sector compared to the public sector in Canada.
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What are two reasons why there is a growing divergence between Canadian and American union density?
What are two reasons why there is a growing divergence between Canadian and American union density?
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Which of the following is NOT a responsibility of a union local steward?
Which of the following is NOT a responsibility of a union local steward?
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Match the following union structures with their respective function:
Match the following union structures with their respective function:
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Most Canadian union locals are affiliated with ______ unions, providing them with additional resources and support.
Most Canadian union locals are affiliated with ______ unions, providing them with additional resources and support.
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The Canadian Labour Congress (CLC) is an example of an international union federation.
The Canadian Labour Congress (CLC) is an example of an international union federation.
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Explain why union affiliation is considered beneficial for unions seeking to advance a broad social agenda.
Explain why union affiliation is considered beneficial for unions seeking to advance a broad social agenda.
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Which of the following is NOT a key decision-making authority for union members as part of their democratic structures?
Which of the following is NOT a key decision-making authority for union members as part of their democratic structures?
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Variations in union density across Canadian provinces are mainly attributed to the age and education levels of the workforce.
Variations in union density across Canadian provinces are mainly attributed to the age and education levels of the workforce.
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The existence of ______ unionism can lead to competition between unions to represent workers in the same sector.
The existence of ______ unionism can lead to competition between unions to represent workers in the same sector.
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Describe how Canadian union structure operates in a decentralized fashion.
Describe how Canadian union structure operates in a decentralized fashion.
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What is the primary function of a business agent employed by a union local?
What is the primary function of a business agent employed by a union local?
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Which of the following is NOT a key convention concerning freedom of association and protection of the right to organize?
Which of the following is NOT a key convention concerning freedom of association and protection of the right to organize?
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Canada has ratified Convention 87, Freedom of Association and Protection of Right to Organize (1948).
Canada has ratified Convention 87, Freedom of Association and Protection of Right to Organize (1948).
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What is the main purpose of Human Rights/Equity Legislation?
What is the main purpose of Human Rights/Equity Legislation?
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The ______ is a system that compensates victims of workplace accidents or work-induced illness and covers related medical costs.
The ______ is a system that compensates victims of workplace accidents or work-induced illness and covers related medical costs.
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Match the following employment rights or conditions with their corresponding descriptions:
Match the following employment rights or conditions with their corresponding descriptions:
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What legislation applies to almost every aspect of the employment relationship?
What legislation applies to almost every aspect of the employment relationship?
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Non-unionized workers are always covered by written employment contracts.
Non-unionized workers are always covered by written employment contracts.
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What are three options for non-union employees who have been unjustly dismissed?
What are three options for non-union employees who have been unjustly dismissed?
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In 2001, UFCW challenged the repeal of the ______ in Ontario.
In 2001, UFCW challenged the repeal of the ______ in Ontario.
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Which of the following is NOT a target group for Employment Equity legislation?
Which of the following is NOT a target group for Employment Equity legislation?
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Pay equity is based on the principle of equal pay for equal work.
Pay equity is based on the principle of equal pay for equal work.
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What are the two main prevention methods for workplace health and safety?
What are the two main prevention methods for workplace health and safety?
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______ is a legal defense that allows employers to legally discriminate.
______ is a legal defense that allows employers to legally discriminate.
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What is the primary role of the joint health and safety committees?
What is the primary role of the joint health and safety committees?
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Workers' compensation is a system that holds employers responsible for negligence in causing workplace accidents.
Workers' compensation is a system that holds employers responsible for negligence in causing workplace accidents.
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Explain how employment legislation and labour relations legislation intersect.
Explain how employment legislation and labour relations legislation intersect.
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Which level of government in Canada has jurisdiction over federally-regulated businesses?
Which level of government in Canada has jurisdiction over federally-regulated businesses?
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The attitudes and beliefs regarding unions only depend on an individual's family background.
The attitudes and beliefs regarding unions only depend on an individual's family background.
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What are the 13 subsystems in Canada related to industrial relations primarily influenced by?
What are the 13 subsystems in Canada related to industrial relations primarily influenced by?
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The social context of industrial relations relates primarily to the goals and values of society regarding __________ of workers.
The social context of industrial relations relates primarily to the goals and values of society regarding __________ of workers.
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Match the following contexts of industrial relations with their descriptions:
Match the following contexts of industrial relations with their descriptions:
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What is one role of governments in industrial relations?
What is one role of governments in industrial relations?
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Economic conditions have no significant impact on the outcomes of industrial relations systems.
Economic conditions have no significant impact on the outcomes of industrial relations systems.
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What influences individuals' attitudes, values, and beliefs about unions?
What influences individuals' attitudes, values, and beliefs about unions?
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What is the primary function of a Labour Board?
What is the primary function of a Labour Board?
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A union can be decertified if a majority of employees vote to no longer be represented by the union.
A union can be decertified if a majority of employees vote to no longer be represented by the union.
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What is the purpose of a 'community of interest' when defining a bargaining unit?
What is the purpose of a 'community of interest' when defining a bargaining unit?
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The obligation of a union to represent all its members equally and without discrimination is known as the ______.
The obligation of a union to represent all its members equally and without discrimination is known as the ______.
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Which of the following is NOT a key concept of legislation and collective bargaining?
Which of the following is NOT a key concept of legislation and collective bargaining?
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The 'statutory freeze' during negotiations prevents employers from making any business decisions related to employment terms and conditions.
The 'statutory freeze' during negotiations prevents employers from making any business decisions related to employment terms and conditions.
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Match the following provinces with their replacement worker laws during strikes or lockouts:
Match the following provinces with their replacement worker laws during strikes or lockouts:
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What is 'First Contract Arbitration' and when is it used?
What is 'First Contract Arbitration' and when is it used?
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The 'Labour Trilogy' of 1987 challenged the existing labour laws related to the right to strike, wage controls, and back-to-work laws.
The 'Labour Trilogy' of 1987 challenged the existing labour laws related to the right to strike, wage controls, and back-to-work laws.
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Which of the following is a reason for a union to be decertified?
Which of the following is a reason for a union to be decertified?
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The Labour Board can enforce remedies if allegations of ______ are proven.
The Labour Board can enforce remedies if allegations of ______ are proven.
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What is the purpose of the 'Peace Obligation' in collective bargaining legislation?
What is the purpose of the 'Peace Obligation' in collective bargaining legislation?
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The Canadian Charter of Rights and Freedoms has significantly limited the power of provinces in regulating labour relations.
The Canadian Charter of Rights and Freedoms has significantly limited the power of provinces in regulating labour relations.
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The ______ Commission investigates the causes and consequences of industrial actions and strikes.
The ______ Commission investigates the causes and consequences of industrial actions and strikes.
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What is the key aspect of 'good faith bargaining' in the context of labor legislation?
What is the key aspect of 'good faith bargaining' in the context of labor legislation?
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Human rights legislation applies to collective agreements, ensuring that they do not violate relevant laws.
Human rights legislation applies to collective agreements, ensuring that they do not violate relevant laws.
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A ______ is a group of employees eligible for representation by a union.
A ______ is a group of employees eligible for representation by a union.
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During periods of strong product demand, what impact does the cost of strike action have on employers?
During periods of strong product demand, what impact does the cost of strike action have on employers?
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The business cycle directly influences the bargaining power of both employers and unions.
The business cycle directly influences the bargaining power of both employers and unions.
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What are three major trends within Canada's labor force?
What are three major trends within Canada's labor force?
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The removal of mandatory retirement restrictions has led to a ______ in the proportion of workers aged 45-64 in the working-age population.
The removal of mandatory retirement restrictions has led to a ______ in the proportion of workers aged 45-64 in the working-age population.
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Match the following labor force trends with their associated impacts:
Match the following labor force trends with their associated impacts:
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The Industrial Dispute Investigations Act (IDIA) of 1907 primarily aimed at suppressing union organizing efforts.
The Industrial Dispute Investigations Act (IDIA) of 1907 primarily aimed at suppressing union organizing efforts.
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What was the significance of the Sinder Case (1925) in Canadian labor relations?
What was the significance of the Sinder Case (1925) in Canadian labor relations?
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What is one of the key objectives of Canadian labor legislation?
What is one of the key objectives of Canadian labor legislation?
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Decentralization in Canadian labor legislation promotes uniformity across provinces.
Decentralization in Canadian labor legislation promotes uniformity across provinces.
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The principle of ______ in Canadian labor relations requires a majority vote to determine outcomes such as union certification.
The principle of ______ in Canadian labor relations requires a majority vote to determine outcomes such as union certification.
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What is the key balance required in the principle of exclusive representation?
What is the key balance required in the principle of exclusive representation?
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Which of these is NOT a dispute resolution process outlined in Canadian collective bargaining legislation?
Which of these is NOT a dispute resolution process outlined in Canadian collective bargaining legislation?
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First contract arbitration is an exception to the typical processes outlined in Canadian collective bargaining.
First contract arbitration is an exception to the typical processes outlined in Canadian collective bargaining.
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Unions are sometimes certified with less than a majority vote in cases where ______ practices have taken place.
Unions are sometimes certified with less than a majority vote in cases where ______ practices have taken place.
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What is the primary purpose of setting ground rules in negotiations?
What is the primary purpose of setting ground rules in negotiations?
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In the context of negotiations, what does establishing ground rules provide?
In the context of negotiations, what does establishing ground rules provide?
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Flashcards
Jurisdiction in Labour Relations
Jurisdiction in Labour Relations
The authority of provinces and federal government to regulate labour relations within their respective domains.
Industrial Relations Subsystems
Industrial Relations Subsystems
The 13 distinct systems in Canada that manage labour relations, each with unique characteristics but similar ideologies.
Political Influence on Labour Rights
Political Influence on Labour Rights
Legislation reflects political party perspectives on workers' rights and management power.
Government's Role in Industrial Relations
Government's Role in Industrial Relations
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Social Context in Industrial Relations
Social Context in Industrial Relations
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Influence of Background on Union Attitudes
Influence of Background on Union Attitudes
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Economic Context of Industrial Relations
Economic Context of Industrial Relations
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Legal Constraints in Industrial Relations
Legal Constraints in Industrial Relations
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Business Cycle
Business Cycle
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Demand and Unemployment
Demand and Unemployment
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Bargaining Power
Bargaining Power
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Labour Force
Labour Force
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Aging Workforce
Aging Workforce
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Women's Participation
Women's Participation
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Ethnic Minorities in Workforce
Ethnic Minorities in Workforce
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Non-Standard Employment
Non-Standard Employment
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Ground Rules in Negotiation
Ground Rules in Negotiation
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Historical Union Recognition
Historical Union Recognition
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The Sinder Case
The Sinder Case
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P.C. 1003
P.C. 1003
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Majoritarianism
Majoritarianism
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Canadian Legislation Features
Canadian Legislation Features
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Voluntarism
Voluntarism
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Union Democracy
Union Democracy
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Benefits of Union Democracy
Benefits of Union Democracy
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Limitations of Union Democracy
Limitations of Union Democracy
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Union Security Types
Union Security Types
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Safeguards in Union Democracy
Safeguards in Union Democracy
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Union Dues
Union Dues
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Picketing
Picketing
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Union Recognition
Union Recognition
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Political Activity in Unions
Political Activity in Unions
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Freedom of Association
Freedom of Association
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Collective Bargaining
Collective Bargaining
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Statutory Regulation of Employment
Statutory Regulation of Employment
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Implied Terms in Employment
Implied Terms in Employment
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Termination Rights
Termination Rights
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Bona Fide Occupational Requirement
Bona Fide Occupational Requirement
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Pay Equity
Pay Equity
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Employment Equity
Employment Equity
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Workers Compensation
Workers Compensation
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Health and Safety Legislation
Health and Safety Legislation
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Joint Health and Safety Committees
Joint Health and Safety Committees
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Union Purposes
Union Purposes
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Craft Unionism
Craft Unionism
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Business Unionism
Business Unionism
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Industrial Unionism
Industrial Unionism
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Public Sector Unionism
Public Sector Unionism
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Union Membership Trends
Union Membership Trends
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Union Density
Union Density
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Canadian Union Structure
Canadian Union Structure
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Union Local
Union Local
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Parent Unions
Parent Unions
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Labour Federations
Labour Federations
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International Unions
International Unions
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Union Affiliation
Union Affiliation
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Labour Boards
Labour Boards
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Certification
Certification
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Bargaining Unit
Bargaining Unit
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Decertification
Decertification
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Unfair Labour Practices
Unfair Labour Practices
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Duty of Fair Representation
Duty of Fair Representation
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Good Faith Bargaining
Good Faith Bargaining
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Dispute Resolution
Dispute Resolution
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Mid-Term Strikes or Lockouts
Mid-Term Strikes or Lockouts
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First Contract Arbitration
First Contract Arbitration
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Replacement Worker Laws
Replacement Worker Laws
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Charter's Role
Charter's Role
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The Labour Trilogy
The Labour Trilogy
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Statutory Freeze
Statutory Freeze
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Illegal Strikes or Lockouts
Illegal Strikes or Lockouts
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Study Notes
Political Context of Industrial Relations
- Canadian provinces manage labour relations, except federally-regulated businesses and federal employees.
- Canada has 13 industrial relations subsystems with similar ideologies and contextual influences.
- Each jurisdiction creates and enforces labour laws reflecting the political party's stance on worker protections and the balance between labour and management.
- Governments implement policies affecting all public and quasi-public sector workers, influencing values and supporting specific industrial relations practices.
- Governments manage broader social, economic, and constitutional policies shaping the industrial relations environment.
Social Context of Industrial Relations
- Societal attitudes towards unionization, union roles, and worker/employer rights vary based on backgrounds, life experiences, and political leanings.
- These social factors are interconnected and influence each other.
- The degree of social subsystem impact on IR outcomes independent of other contexts is debatable.
Economic Context of IR
- The economic environment strongly affects IR outcomes regarding worker compensation and employer cost control.
- Factors such as product demand directly affect bargaining power and the potential costs of strikes.
Business Dynamics
- Strong product demand leads to low unemployment, decreasing strike actions' cost to employers and increasing their cost to unions.
- Conversely, low product demand and higher unemployment increase strike action costs for employers, decreasing them for unions.
- The business cycle affects bargaining power but doesn't dictate strikes—parties consider economic factors during negotiations.
Labour Force Trends
- Significant decline in primary industries (agriculture, forestry, fisheries) and manufacturing.
- Conversely, service sector employment growth.
- Key trends include aging workforces, increased women and minority participation, and a rise in non-standard employment.
2015 Labour Force Data
- Workers aged 45-64 comprised 48% of the working-age population.
- Removal of mandatory retirement and baby boomers' retirement leads to skills shortages and rising wages.
Women's Labour Force Participation
- Steady increase since the 1950s.
- Key implications include needed daycare, work-life balance policies, and flexible scheduling.
Ethnic Minorities and Labour Force Participation
- Face barriers like devaluation of foreign experience and difficulty equating foreign credentials to Canadian standards.
Non-Standard Employment
- Encompasses various forms like self-employment, part-time, and contract work.
- Part-time and self-employment increase as a proportion of total employment, posing challenges for all IR stakeholders.
Class Five: Negotiation Ground Rules
- Establishing ground rules, like smoking breaks during meetings, gives negotiators power.
Historical Perspective
- Unions gained legal recognition in 1872.
- Faced opposition from hostile employers.
- The Industrial Dispute Investigations Act (1907) aimed for an orderly union recognition mechanism.
- The Sinder Case (1925) determined labour issues were under provincial jurisdiction.
- P.C. 1003 (1944) was Canada's version of the U.S. Wagner Act.
The Need for Regulation
- Importance of balancing worker and employer rights and interests.
- Maintaining labor-management stability, providing worker input.
Features of Canadian Labour Legislation
- Decentralized system with provincial and federal oversight.
- Numerous provincial and federal laws.
- Decentralization promotes innovation and change.
Majoritarianism and Exclusivity
- Majority determines outcomes in union representation.
- Unions bargain for financial security.
- Exclusive representation protects all employees but requires fair and equal representation.
Voluntarism and Process
- Canadian laws regulate processes like dispute resolution, impacting outcomes.
- Certain exceptions exist, e.g., first-contract arbitration and certification of unions with less than majority support in unfair labor practice cases.
Union Recognition
- Labor boards, government-created entities, ensure management and unions adhere to labor laws.
- Facilitates organizing and collective bargaining, regulates internal union activities.
- Makes declarations regarding industrial disputes, including certification and decertification, and rulings on illegal strikes and lockouts.
Certification
- Unions apply to become bargaining agents.
- Applications include bargaining unit descriptions and member lists; applications may require waiting if another union is involved.
- Boards certify or reject union status following the appropriate legal process.
Bargaining Unit Definition
- Defines the group of employees a union can represent.
- Excludes management and labour relations personnel.
- Employee desires for unit separation and merger are considered.
- Employer structure is a factor.
Decertification
- Unions can lose their recognition through abandonment, employer shutdown, fraud, or a majority of members no longer supporting the union.
Unfair Labour Practices
- Violations of labour relations acts by employers, unions, or employees, often involving coercion or intimidation pertaining to union membership.
- Labour boards impose remedies based on proven violations.
Duty of Fair Representation
- Unions' legal obligation to represent all members fairly without discrimination.
Legislation & Collective Bargaining
- Good-faith bargaining: Crucial requirement for negotiation.
- Dispute resolution: Government intervention is a norm in Canadian collective bargaining.
- No mid-term strikes or lockouts: “Peace obligation” during collective agreement terms, with limited exceptions.
- Statutory freeze: Employment terms and conditions are frozen during notice to bargain, except for pre-existing valid operational decisions.
Expanded Role of Government in Collective Bargaining
- Industrial Inquiry Commissions examine causes and results of disputes.
- Last-Offer Votes: Forced votes are sometimes compulsory.
- First-Contract Arbitration: Third-party intervention settles first collective agreement negotiations.
- Replacement Workers: Certain jurisdictions outlaw strikebreakers permanently replacing striking workers.
Collective Agreement Administration
- Collective agreements are impacted by various laws, upholding labor "peace".
Role of the Charter
- Labour remains under provincial jurisdiction.
- Canadian constitution ensures laws respect Charter rights.
- Key cases, such as the 1987 Labour Trilogy, and challenges related to union dues, picketing, union recognition, and union political activity explored, with court decisions demonstrating the interplay between Charter rights and union activities.
International Law
- Key conventions like Freedom of Association (Convention 87, ratified by Canada) and Right to Organize (Convention 98) and Declaration of Fundamental Principles and Rights at Work are noted.
Employment Conditions
- Provincial jurisdictions (except federally regulated) set minimum employment conditions including employment standards, human rights, and occupational health and safety legislation.
Employment Rights
- Differentiated from employment conditions, rights are those bargained through collective bargaining.
Individual Employment Contracts
- Governed by common law for non-unionized workers.
- High costs and lengthy processes associated with civil litigation.
Implied Terms and Obligations
- Employers must act professionally and fairly in dismissal situations.
Termination of Individual Contracts
- No legal right to continued employment at-will; provinces have different adjudication procedures for non-unionized workers.
Dismissal of Non-Union Workers
- May involve expressed or constructive dismissal.
- Non-union workers may pursue actions under employment standards, common law, or specific legislation.
- Reasonable notice or financial compensation are desired outcomes.
Dismissal of Unionized Workers
- Grievance-arbitration handles unionized dismissals, with the burden of proof on the employer.
- Robust protection against arbitrary dismissal.
Human Rights/Equity Legislation
- Prevents discrimination, however, Bona Fide Occupational Qualifications (BFOQs) do exist (pilot vision, firefighter physicality).
- Applies to all hiring process stages, on-the-job conduct.
Pay Equity
- Aims to address gender pay discrepancies by comparing work value based on skill, effort, responsibility, and conditions.
Employment Equity
- Aims to address imbalances in occupational segregation.
- Target groups include women, Indigenous peoples, people with disabilities, and visible minorities.
- Encourages positive employment practices, goals, and progress monitoring.
Health and Safety Legislation
- Two fundamental approaches: preventing incidents and compensating for workplace injuries.
- External systems mandate safety standards.
- Internal systems mandate jointly-managed health and safety committees with equal labor and management membership.
Workers' Compensation
- A no-fault system compensating victims of on-the-job injuries or illnesses.
- Employers contribute to funds based on their firms and safety records.
Effectiveness of Legislation
- Increasingly vital to younger, part-time, or lower-wage workers.
- Provides basic equity, but adequacy and enforcement can be a concern.
Union Purposes and Philosophies
- Three primary perspectives (economic, political, human rights) inform union motivations.
- Key elements in a union's definition include collective bargaining and independence from the employer.
- Union philosophies range from craft/occupational unionism to industrial/multi-skill, public sector, and social justice.
- Various categories of unions exist, including those with explicit social justice mandates, Christian labor associations.
Union Organization and Structure
- Changing union membership – growing unionization of women, shifts by sector and employee type.
- Differences between Canadian and American union density.
- Canadian union structure—decentralized; a large number of small unions.
The Union Local
- Represents members at a specific location or geographically.
- May employ business agents to negotiate and represent members.
- Composed of elected officials like presidents, vice-presidents, treasurers, stewards, who are often part of the workers' workforce.
- Stewards' roles involve investigating complaints, representing members in hearings, and recruiting new members.
Parent Unions and Labour Federations
- Most locals are affiliated with parent unions, offering bargaining, grievance, support during disputes, and organizing assistance.
- Labour federations—municipal, provincial, and national—represent the labour movement politically.
- Provide research, organizing, relations management, ethical code enforcement, and international representation.
International Unions
- More autonomy than in the past.
- Primarily US-based, but increasingly national focus.
Union Democracy
- Unions are inherently political, with a focus on staying in power.
- Union officials wield greater influence, and member interests may be subordinated to union priorities during collective bargaining and strikes.
- Safeguards exist to mitigate limitations include encouragement of member participation, member-elected officers, and legislative protection (union constitutions and strike ballots).
Union Security
- Different types, including closed shops, union shops, and the Rand formula (dues check-off system).
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Description
Test your knowledge on the role of union democracy in enhancing union effectiveness. Explore various aspects of union membership, security arrangements, and the perspectives on union existence. This quiz delves into the significance of member involvement and the implications for labor standards.