ADMN2230 Chapter 14 - Labour Relations PDF

The Dynamics of Labour Rela5ons Chapter 14  Learning Agenda Why employees join unions and the process by which unions organize employees and gain recognition as their bargaining agent. Bargaining process and the bargaining goals and strategies of a union and an employer. F...

The Dynamics of Labour Rela5ons Chapter 14  Learning Agenda Why employees join unions and the process by which unions organize employees and gain recognition as their bargaining agent. Bargaining process and the bargaining goals and strategies of a union and an employer. Forms of bargaining power that a union and an employer may utilize to enforce their bargaining demands. Typical union grievance procedure Industrial Rela5ons In a broad sense, industrial relations can be defined as “all aspects of employees at work.” However, in a narrower sense, industrial relations deals with the relations between unions and management. About 30% of all employees in Canada are unionized, with rates higher in public sector (71%) than in the private sector (15%). Overall, unionization rates have been declining including Canada The collective bargaining process is a key dynamic in union-management relations.  Government Regula3on of Labour Rela3ons Labour relations in Canada are regulated by a multiplicity of federal and provincial laws. Key Legislation: – The Industrial Relations Disputes and Investigation Act – Canada Labour Code – Provincial labour laws Copyright © 2020 by Nelson Education Ltd. The Labour Rela3ons Process Copyright © 2020 by Nelson Education Ltd.  Why Employees Unionize? Economic needs (Wages, benefits…) Dissatisfaction with management (e.g., promotion, transfer, shift assignment…). This is said to be the strongest reason. Social and leadership concerns (needs for recognition and social affiliation) Union Shop: Provision of collective agreement that requires employees to join the union as a condition of their employment Copyright © 2020 by Nelson Education Ltd.  Copyright © 2020 by Nelson Education Ltd. Election of bargaining committee and contract negotiations Application to labour relations board and receipt of certificate Formation of in-house organizing committee Initial organizational meeting Steps Employee/union contact Organizing  Organizing Steps Step 1. The first step begins when employees and union officials make contact to explore the possibility of unionization. Step 2. As an organizing campaign gathers momentum, the organizer schedules an initial union meeting to attract more supporters. Step 3. The third important step in the organizing drive is to form an in-house organizing committee composed of employees willing to provide leadership to the campaign. Copyright © 2020 by Nelson Education Ltd.  Organizing Steps Step 3 (continued). An important task of the committee is to have employees sign an authorization card indicating their willingness to be represented by a union in collective bargaining with their employer. Union membership cards, once signed, are confidential, and only the labour relations board has access to them. Step 4. When the union has collected sufficient authorization cards to satisfy the requirements under the applicable certification model, it will file an application for certification. Copyright © 2020 by Nelson Education Ltd.  Organizing Steps Step 5. Once the labour board has applied the process, it will declare whether or not the union has been successful in its application for certification. Step 6. Once the labour relations board determines that the union is certified, the bargaining committee is put in place to start negotiating a collective agreement. Copyright © 2020 by Nelson Education Ltd.  Employer Tac3cs Can emphasize current advantages in wages, benefits, or working conditions the employees may enjoy, but cannot promise better conditions Cannot interfere with the labour relations process or certification Cannot threaten to close the business Cannot dismiss, discipline, or threaten employees who wish to join the union Must bargain in good faith Copyright © 2020 by Nelson Education Ltd.  Union Tac3cs Cannot interfere with the formation of an employer association Cannot intimidate or coerce employees to become members of a union Must provide fair representation for all in the bargaining unit Copyright © 2020 by Nelson Education Ltd.  Union Tac3cs Unfair Labour Practices (ULPs) Specific employer and union illegal practices that deny employees their rights and benefits under federal and provincial labour law Copyright © 2020 by Nelson Education Ltd.  Impact of Unioniza3on on Managers Challenges to Management Decisions May involve such issues as the subcontracting of work, productivity standards, and job content Loss of Supervisory Authority Covering wages, benefits, job security, and working hours Copyright © 2020 by Nelson Education Ltd.  Structures, Func3ons, and Leadership of Labour Unions Craft Unions: Represent skilled craft workers (e.g., carpenters, masons…) International Association of Iron Workers; United Brotherhood of Carpenters Industrial Unions: Represent all workers—skilled, semiskilled, unskilled—employed along industry lines Canadian Union of Postal workers Employee Associations: Represent various groups of professional and white-collar employees in labour- management relations – Alberta Teachers associations; Quebec Federation of Nurses Copyright © 2020 by Nelson Education Ltd.  Structures, Func3ons, and Leadership of Labour Unions The Canadian Labour Congress (CLC) is a central federation of unions (3.3 million Canadians in 2018) – CLC provide professional and financial assistance during organizing drives and strikes, help negotiate labour agreements, and train union leaders. International and national unions – International unions tend to be affiliates of American unions, with head quarters in USA. – 40 international and 196 national unions in Canada Local unions (specific organization level union) Copyright © 2020 by Nelson Education Ltd.  Labour Rela3ons in the Public Sector More than 70% public employees (federal, provincial, and municipal) are unionized. The Canadian Union of Public Employees (CUPE) are among the largest in Canada In the private sector, the foundation is economic, whereas in the public sector it is political Strikes by govt employees create problem for lawmakers and general public Copyright © 2020 by Nelson Education Ltd.  Strikes in the Public Sector Compulsory Binding Arbitration Binding method of resolving collective bargaining deadlocks by a neutral third party Final Offer Arbitration Method of resolving collective bargaining deadlocks, whereby the arbitrator has no power to compromise but must select one or another of the final offers submitted by the two parties Copyright © 2020 by Nelson Education Ltd. The Bargaining Process Copyright © 2020 by Nelson Education Ltd.  The Bargaining Process Interest-Based Bargaining (IBB) Problem-solving bargaining based on a win–win philosophy and the development of a positive long-term relationship Copyright © 2020 by Nelson Education Ltd.  Management and Union Power in Collec3ve Bargaining Bargaining Power The power of labour and management to achieve their goals through economic, social, or political influence Union Bargaining Power Strikes, pickets, and boycotts Management Bargaining Power Continuing operations staffed by management Lock out Copyright © 2020 by Nelson Education Ltd.  Resolving Bargaining Deadlocks When the union and management have been bargaining for a while and negotiations are at a stalemate, both parties may decide that they need an independent third party to help them reach an agreement. Interest Arbitrator Third-party neutral who resolves a labour dispute by issuing a final decision in the disagreement Copyright © 2020 by Nelson Education Ltd.  Administra3on of the Collec3ve Agreement Once the collective agreement is signed, each side will naturally interpret ambiguous clauses to its own advantage. The grievance procedure typically provides for the union to represent the interests of its members (and nonmembers as well) in processing a grievance. The grievance procedure is considered to be the safety valve that gives flexibility to the whole system of collective bargaining It allows for the settlement of a dispute without strikes and lockouts Copyright © 2020 by Nelson Education Ltd.