Week 9 Industrial Relations PDF

Industrial Relations WEEK 9 Strikes, Lockouts and Contract Dispute Resolution Professor Qian Zhang ADM3334 week 9 Strikes, Lockouts and Contract Dispute Resolution Final Exam survey Final Exam Time: Dec 13 7-9 pm location: DMS1140 Group ass...

Industrial Relations WEEK 9 Strikes, Lockouts and Contract Dispute Resolution Professor Qian Zhang ADM3334 week 9 Strikes, Lockouts and Contract Dispute Resolution Final Exam survey Final Exam Time: Dec 13 7-9 pm location: DMS1140 Group assignment: Nov. 11 before 7:00 pm Submit via BrightSpace Course Schedule 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 or a refusal to work or to continue to work by employees, in combination, in concert or in accordance with a common understanding, and a slowdown of work or other concerted activity on the part of employees in relation to their work that is designed to restrict or limit output. or … the temporary refusal by bargaining unit members to continue working for the employer. Strike tactics work-to-rule campaign slowdown tactic of following work procedures exactly, and not engaging in any activity the collective agreement does not require rotating strikes employees strike at some locations, while at other locations they continue to work wildcat strikes illegal strikes that has not been authorized by the union Strike and Lockouts Lockout includes the closing of a place of employment, a suspension of work by an employer or a refusal by an employer to continue to employ a number of their employees, done to compel their employees or to aid another employer to compel that other employer’s employees to agree to terms or conditions of employment. - the Canada Labour Code two components Frequency of strikes and lockouts Factors Affecting Strikes Factors Affecting Strikes 1. Differences in information between union and employer information asymmetry à diverse expectations 2. Economic Factors increases in periods of higher labour demand decreases as unemployment rises 3. Bargaining unit and community characteristics male-dominated bargaining units larger bargaining units Factors Affecting Strikes 4. Conflict with the employer or union internal conflicts 5. Relationship between the union and the employer hostility, or a history of attitudinal structuring between parties 6. Negotiator’s skills and experience inexperienced negotiators vs. chief negotiators 7. Bargaining history positive vs. negative Factors Affecting Strikes 8. Legal environment frequency and duration of strikes “re-opener” provisions 9. Employee discontent worker discontent and frustration workplaces with more autonomy and progressive human resources management practices have lower strike levels. Requirements for a strike or lockout Picketing union establish a picket line at the employer’s place of business Picketers will usually carry signs to advise the public about the strike Strike pay small amount of money paid by the union individuals are typically required to engage in picketing accoummodation End of Strike reach a collective agreement or, union may call an end In five jurisdictions—Canada, British Columbia, Manitoba, Newfoundland and Labrador and Ontario—labour relations legislation provides that the Minister of Labour or cabinet may order a final offer vote by employees where it is in the public interest to do so. Reinstatement of Striking Workers Ontario: when a strike has ended, striking employees must be reinstated and given priority over any employees hired as replacement workers Third-Party Assistance: CMA Whether third-party assistance is required before a strike or lockout is allowed Conciliation In all jurisdictions except British Columbia and Alberta, labour legislation provides for a conciliation process. one-stage conciliation process involving either a conciliation officer or a conciliation board, or a two-stage process involving a conciliation officer and then a conciliation board if no settlement is reached with the conciliation officer conciliation officers as facilitators (no authority over the parties) conciliation board: a union nominee, an employer nominee and a neutral chairperson selected by the parties’ nominees Conciliation cooling-off period After a conciliation officer or a conciliation board reports to the labour minister, there is an additional waiting period that must elapse before the parties can strike or lockout ranges from 7 to 21 days advantages: the third party may bring a new perspective to the negotiations the cooling-off period may allow the parties to reconsider their positions. disadvantages: no empirical evidence that it reduces the overall incidence of strikes delay the process when strike or lockout is necessary additional time for employers? Mediation the legislation allows for the appointment of mediator instead of, or in addition to, the conciliation process. Mediators’ active role in negotiation attempt to assist the parties to reach an agreement. They cannot force a settlement of a disputed issue on the bargaining teams. Arbitration arbitrators make a final and binding decision after hearing rights arbitration disputes relating to the administration of the collective agreement interest arbitration used primarily in the public sector where it is provided as an alternative to a strike or lockout. Both sides will present evidence attempting to convince the arbitrator, including references to comparable collective agreements, to make an award favourable to their preferred position. Arbitration Problems with conventional interest arbitration: chilling effect: the parties may be discouraged from making concessions that might lead to an agreement narcotic effect: Negotiators may become overly dependent on an arbitrator deciding difficult issues for them instead of making the tough decisions required to reach an agreement. Arbitration Final Offer Selection a form of arbitration in which both the union and the employer submit their final offer to the arbitrator, who chooses one of the offers. total-package final offer selection: each side presents an offer that covers all of the outstanding issues between the parties item-by-item final offer selection: the arbitrator separately chooses between the union and the employer proposals for each item in dispute Advantages: encourage the parties to reach their own agreement (total-package option) Disadvantages: create winners and losers cause hostility Next Week Chapter 10 Administration of Collective Agreement