The Union-Management Framework PDF

The Union-Management Framework Chapter 13 Krista Uggerslev, NAIT INTRUCTOR NOTE - Testable material:...

The Union-Management Framework Chapter 13 Krista Uggerslev, NAIT INTRUCTOR NOTE - Testable material: Pages 349 to 352 (Slides 1 to 7) Pages 370 to 375 (Slides 24 and 25) © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-1  Learning Objectives 1. Discuss the major reasons why workers join unions. 2. Describe the structure of Canadian unions. 3. Summarize the core legal principles relating to collective bargaining. 4. Explain how a union organizing campaign is carried out. 5. Outline the key steps in negotiating a union contract. 6. List common techniques to resolve disputes. 7. Describe how unions affect the human resource management environment. 8. Suggest ways to build union–management cooperation. © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-2  Union Defined A union is an organization with the legal authority to represent workers, negotiate the terms and conditions of employment with the employer, and administer the collective agreement Unions do not just happen—caused by management action or inaction that workers perceive as unfair © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-3  Collective Agreement Contract negotiated between the union and employer outlining terms and conditions of employment Addresses a variety of issues (e.g., wages and benefits, hours of work, working conditions, grievance procedures) Places restrictions on management’s rights in managing the workplace © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-4  Causes of Unions Union Push Explanation Some employees are pushed or forced into joining a union because of employer treatment of the workforce, peer pressure by coworkers to join a union, or collective agreement provisions requiring employees to join if they want the job in question Union Pull Explanation Employees are pulled into the union because of the benefits of union representation (such as higher wages, greater benefits, job security, and grievance representation) © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-5 Why Employees Seek Union Representation Reasons for Joining Reasons for NOT Joining Job dissatisfaction Belief that union membership may harm Individual attitudes chances for promotion toward unions Viewed as having another “boss” Perceived union instrumentality Extra costs (dues) Employer policies and treatment are fair © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-6  Canadian’s Views Toward Unions Among current union members, 71% would prefer to be unionized and 46% of formerly unionized workers would prefer to be unionized Only 19% of non-union employees reported being interested in being unionized © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-7  Union Goals and Philosophy Business Unionism Social (Reform) Unionism Practice of unions Seeking to further seeking to improve members’ interests wages, hours, and by influencing working conditions in social, economic, a businesslike manner and legal policies of governments © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-8  Union Structure and Function Local Unions Craft Unions Provide the members, Composed of workers the revenue, and the who possess the same power of the union skills or trade (e.g. movement carpenters) © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-9  Union Structure and Function Cont’d National and Industrial Unions International Unions Include the unskilled Many local unions are and semi-skilled part of a larger workers at a particular national or location international union © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-10  Canadian Labour Congress (CLC) Represents many unions in Canada (about 3.3 million members) Five main functions: representing Canada at the International Labour Organization influencing public policy at the federal level enforcing the code of ethics set out in its constitution providing services (such as research and education) for its member unions resolving jurisdictional disputes among its member unions © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-11  Trends in Union Membership Union Growth and Decline 31.3% of the non-agricultural paid workforce (4.77 million workers) belonged to unions in 2020 More than 50% of union members are female Unions are organizing service employees Part-time employees less likely to be unionized Larger workplaces more likely to be unionized © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-12  Impact of Union Representation Mostcollective agreements Strikes are settled without a strike or lockout Wages & Higherwages benefits More comprehensive benefits Relationship between Productivity unionization and productivity is subject to debate © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-13  Canadian Labour Legislation Right to join a union Good faith Conciliation Common Core bargaining of Labour Legislation Prohibition of No strikes or unfair labour lockouts during practices agreement © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-14  Labour Relations Boards Boards set up in the federal and provincial jurisdictions to administer labour relations legislation Investigate violation of the law and have the power to investigate and make decisions e.g., enforce unfair labour practice © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-15  Union Organizing A union exists only when workers create it During regular working hours, employees are not allowed to discuss unionization with co-workers Other techniques are used to encourage workers to sign authorization cards including handbills, speeches, conversations, and home visits A union is typically certified either on the basis of card signatures or as a result of an election © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-16  Signs of Union Organizing Prior to union organizing campaigns, there are often signs of employee interest: Turnover and absenteeism rates are higher than industry/community norms Employee satisfaction surveys show that employees are dissatisfied Pay and benefits are below average Ineffective procedures for resolving employee complaints © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-17  Unfair Labour Practices Management Union Interfering in the Trying to bargain when the formation of a union union is not the certified Financial contribution agent Discriminating based on Persuading employees during union membership working hours, or at the Intimidating or coercing workplace to join or not join an employee to join or Illegal strikes not join Failing to represent employees fairly © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-18  Obtaining Bargaining Rights Legal recognition or bargaining rights may be obtained in three ways: 1. Voluntary recognition 2. Through certification by a labour relations board 3. A prehearing vote or automatic certification resulting from unfair labour practice. © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-19 Negotiating a Collective Agreement Phase 1 Phase 2 Phase 3 Preparing Approving the Negotiating for proposed with the union negotiations agreement © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-20  Preparing for Negotiations The purpose of negotiations is to achieve a collective agreement Management Rights: Residual rights theory of management Management rights clause © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-21  Mutual Gains Bargaining Moves away from traditional adversarial approach Win-win approach – joint problem solving Usually preceded by training in conflict resolution Requires both parties to have commitment, trust, respect, and a long-term focus © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-22  Conciliation and Mediation All jurisdictions provide for conciliation and mediation services when labour and management negotiations break down Conciliation Uses a government-appointed third party to bring together the parties Mediation Disputing parties choose voluntarily to reconcile their differences through a third-party © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-23  Administering the Agreement Grievance Complaint by an employee or employer that some aspect of a collective agreement has been violated Grievance procedures Most collective agreements include formal multi-step procedures to resolve grievances Arbitration Used as a provision for final settlement © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-24  Sample Grievance Procedure (Instructor Added Slide) Preliminary Discussion Step 1 – Grievance presented to an employer or first-level Resolved or supervisor withdrawn Step 2 – Grievance presented to a high-level employer Resolved or representative, as stated in the collective agreement (I.e., withdrawn Dept. head) Step 3 – Grievance presented to the next higher-level Resolved or employer representative, as stated in the collective withdrawn agreement. (i.e., manager or chief administrative officer) Grievance is sent to arbitration (sometimes referred to as Step 4) © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-25  Contract Provisions Union Shop All workers must join the union in specified time Dues Check-off/Rand Formula Employer must deduct union dues from employees’ wages and remit funds to the union Seniority Used for determining order of promotions, etc. Discipline Employer must have “just cause” to dismiss © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-26  Public Sector Bargaining Public Service Staff Relations Act (PSSRA) Provides federal public servants with the right to either opt for compulsory arbitration or strike. Another difference from the private sector is that the law allows the employer to designate certain employees as performing essential services, thus divesting them of the right to strike. © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-27  Human Resource Practices in the Union Environment The four dominant activities labour relations professionals: 1. Conflict resolution management 2. Coaching with regard to labour relations best practices 3. Administration of the collective agreement 4. Grievance settlement A key issue for human resource management practitioners involves obtaining union involvement in managing change © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-28  Implications of Union Avoidance Union Suppression Fighting union representation Employer may try to intimidate workers, threaten closing or moving the plant or facility Union Substitution Examines what unions bring to the employment relationship and tries to introduce these features Advocated by many HR practitioners, consultants, and labour lawyers © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-29  Features of Union Substitution Pay/benefits Design Maximize are parallel satisfying jobs opportunities Employee Union Select qualified “voice” Substitution workers Evaluate based Establish fair on performance Train workers & managers standards © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-30  Managing in a Union Environment Unions impact the HR function: HR department may be expanded to add labour relations specialists Greater centralization of employee record- keeping and discipline—for uniformity Management has less freedom to make unilateral changes © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-31  Labour-Management Cooperation Increasing acceptance that labour and management must cooperate Cooperative methods include: Prior consultation with union leaders Sincere concern for employee welfare Training programs Joint study committees to find solutions Third parties who provide guidance and programs © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-32  The Union-Management Framework Summary After mastering this chapter content, you should be able to: 1. Discuss the major reasons why workers join unions. 2. Describe the structure of Canadian unions. 3. Summarize the core legal principles relating to collective bargaining. 4. Explain how a union organizing campaign is carried out. 5. Outline the key steps in negotiating a union contract. 6. List common techniques to resolve disputes. 7. Describe how unions affect the human resource management environment. 8. Suggest ways to build union–management cooperation. © 2022 McGraw-Hill Ryerson Ltd. Schwind 13th Edition 13-33