Chapter 16: Labour Relations PDF

Chapter 16 Labour Relations Pres Canadian Kilpatrick/The Sean Learning Objectives 16.1 Discuss why employees unionize and the concept of...

Chapter 16 Labour Relations Pres Canadian Kilpatrick/The Sean Learning Objectives 16.1 Discuss why employees unionize and the concept of union security. 16.2 Explain three trends in the labour movement in Canada. 16.3 Describe the purpose of Canadian labour laws. 16.4 Outline the five steps in the labour relations process. 16.5 Describe the five steps in a union organizing campaign. 16.6 Outline the three waysto obtain union recognition. 16.7 Describe the three steps in the collective bargaining process. 16.8 Explain the typical steps in a grievance procedure. WhereAre WeNow... Chapter 15 focused on employee relations and engagementimportant issues in deter mining employees tendencies to join unions. The main purpose of this chapter is to help you deal effectively with unions and grievances. After briefly discussing what unions are and how they serve different stakeholders, we describe the Canadian labour law. Following that, we explore the labour relations process, including the union actions you can expect during the union campaign, election, actual bargaining sessions, and how to handle grievances. 314  Labour Relations 315 Introduction to Labour Relations 16.1 Discuss why employees unionize and the concept of union security. Alabour union (or union) is an officially recognized body representing a group of labour union (or union) employees who have joined together to present a collective voice in dealing with man An officially recognized asso agement. The purposes of unionization are to influence HR policies and practices that ciation of employees practising affect bargaining unit members (such as pay and benefits) to achieve greater control a similar trade or employed in over the jobs being performed, greater job security, and improved working conditions; the same company or industry to ultimately increase job satisfaction and meet employees affiliation needs. The term who have joined together to present a united front and col labourmanagement relations refers to the ongoing interactions between labour unions lective voice in dealing with and managementin organizations. management. The presence of alabour union alters the relationship between employees and the firm, and hasimplications for planning and implementing a business strategy. Manag labourmanagement erial discretion and flexibility in dealing with employees and in implementing and relations administering HR policies and procedures are reduced. For example, union seniority The ongoing interactions provisions in the collective bargaining agreement (union contract), also known as a between labour unions and CBA, negotiated through collective bargaining govern the selection of employees for management in organizations. transfers, promotions, and training programs and specify the order that employees can be laid off and recalled. Many other terms and conditions of employment for bargaining collective bargaining unit members are determined and standardized through collective bargaining, rather agreement (union contract) than being left to managements discretion. A formal agreement between The primary goal of labour unions active in Canada today is to obtain economic an employer and the union benefits and improved treatment for their members. It mayinvolve lobbying for legis representing a group of lative changes pertaining to these issues. This union philosophy, with its emphasis on employees regarding terms economic and welfare goals, has become known as business unionism. Unions strive to and conditions of employment. ensure job security for their members and to attain improved economic conditions and better working conditions for their members. Most unions today also become involved collective bargaining in broader political and social issues affecting their members. Activities aimed at influ Negotiations between a union encing government economic and social policies are known as social (reform) union-ism. and an employer to arrive at a mutually acceptable collective For example, unions have recognized the special circumstances of Indigenous agreement. workers, as outlined in the HRin the News box. An organizations labour relations (LR) strategy, one component of its HRstrategy, bargaining unit is its overall plan for dealing with unions, which sets the tone for its unionmanagement The group of employees in a relationship. The decision to accept or avoid unions is the basis of an organizations firm, a plant, or an industry LR strategy.1 that has been recognized by Managersin firms choosing a union acceptancestrategy view the union asthe legit an employer or certified by a imate representative of the firms employees. Such a relationship can lead to innovative labour relations board (LRB) as initiatives and winwin outcomes. Managers select a union avoidance strategy when appropriate for collective bar they believe that it is preferable to operate in a nonunionized environment. Walmart gaining purposes. is wellknown for its preference to remain nonunion (and has even closed stores that HRin the News COLLECTIVEAGREEMENTPUTS ABORIGINALSFIRST The CBA at Voiseys Bay nickel mine in Labrador includes Among non-Aboriginals, priority goes to Labrador residents. a clause outlining order of preference for vacant positions, Those with union membership rank first, followed by Voiseys training opportunities, or promotions. Innu and Inuit people Bay employees, and then those in the community. Indigen-ous are on top of this order of preference, starting with those in make up more than half of the bargaining unit. To reflect the bargaining unit, followed by those already employed by the employee population, the CBA includes a clause categor-izing Voiseys Bay and then by Innu and Inuit outside candidates. National Aboriginal Day on June 21 as a paid holiday.  316 Chapter 16 business unionism have attempted to unionize).3 To avoid unions, companies can either adopt a union The activities of labour unions substitution approach, in which they become so responsive to employee needs that there focusing on economic and is no incentive for them to unionize (as is the case at ArcelorMittal Dofasco4), or adopt welfare issues, including pay a union suppression approach when there is a desire to avoid a union at all costs (e.g., and benefits, job security, and Walmart challenged the constitutionality of Saskatchewans labour laws all the way to working conditions. the Supreme Court of Canada, but lost).5 social (reform) unionism Why Do WorkersOrganize? Activities of unions directed at furthering the interests of their Experts have spent much time and money trying to figure out why workers unionize, members by influencing the and theyve proposed many theories. Yet, there is no simple answer. social and economic policies of Its not just about better pay or working conditions, although these are important. governments at all levels, such For example, on average, union members in Canada earn $5.28 more per hour than as speaking out on proposed nonunion workers.6 Union workers also generally receive more holidays, sick leave, legislative reforms. unpaid leave, insurance plan benefits, longterm disability benefits, and other benefits than nonunion workers.7 labour relations (LR) On the workers part, the desire to unionize often comes down to the belief that its only strategy through unity that they can get their fair share of the pie and protect themselves from A component of an organ the arbitrary whims of management. The bottom line is that low morale, fear of job loss, izations HR strategy that is and poor communication (in other words, poor employee relations) foster unionization. specific to the overall plan for A union is alegally recognized entity that can negotiate on behalf of employees. The dealing with unions, which results of the negotiation are finalized in a legally binding collective bargaining agree sets the tone for its unionmanagement relationship. ment, and employer and employees are bound to the conditions that have been negoti ated until the collective bargaining agreement expires. In comparison, other forms of nonlegally recognized employee groups (e.g., advisory groups, associations, etc.) do not wield the same legal recognition or interpretation. Additionally, there is a belief that there is an implicit power imbalance between managers and employees, with managers having more power and control in the work place than employees.8 The union acts as a counterbalance to this and benefits from power in numbers. Rather than each individual employee negotiating their employment terms and conditions, the union can negotiate on behalf of many, essentially benefiting from power in numbers. Moreover, employees belonging to a union have the right to engage in work stoppage via alegal strike. Without a union, employees are provided no ability to strike and therefore are given no protection for these illegal work stoppages. In some respects, things have not changed in decades. Here is how one writer describes the motivation behind the early (1900s) unionization of automobile workers: In the years to come, economic issues would make the headlines when union and management met in negotiations. But in the early years,... the principal grievances of the autoworkers were the speedup of production and the lack of any kind of job security. As production tapered off, the order in which work ers were laid off was determined largely by the whim of foremen and other supervisors.... Generally, what the workers revolted against was the lack of human dignity and individuality, and a working relationship that was mas sively impersonal, cold, and nonhuman. They wanted to be treated like human beingsnot like faceless clock card numbers.9 Why else do workers unionize? Modern Survey conducted a study that measured items such as employees interest in being represented by a union, confidence in senior management, and employee engagement. It concluded that 50 percent of actively disengaged employees would vote yes to unionization, while only 20 percent of such employees would vote no union. It concludes that paying attention to employee engagement levels within your organization helps to foster positive relationships between employees and management and decreases the likelihood of a workforce seek ing union representation.10 Gallup conducted surveys that complemented these conclusions. For example, Gal lup measured employee engagement in more than 500 organizations and found tha  Labour Relations 317 45 percent of nonunion employees were engaged, while fewer38 percentof union ized employees were engaged.11 The findings do not prove that engaged employees are less likely to support a unionization effort in their companies, or that unionized employees are less engaged. The findings are correlational, so they only prove that when employee engagement goes up, unionization goes down. It could be that the same management policies (such as guaranteed fair treatment systems) affect both employee engagement and nonunion ization. On the whole, the findings suggest that the same sorts of policies (such as good benefits, building trust, and guaranteeing fair treatment) that improve employee engagement may also reduce the likelihood of being unionized. Union Security First and probably foremost, unions seek security for themselves. They fight hard for the right to represent a firms workers and to be the exclusive bargaining agent for all employ ees in the unit. (As such, they negotiate contracts for all employees, including those not members of the union.) Six types of union security arrangements are possible in Canada: The Rand formula is the most popular union security arrangement. It does not Rand formula require union membership, but it does require that all members of the bargaining All members of the bargain unit pay union dues. It is a compromise arrangement that recognizes the fact that ing unit pay union dues, but the union must represent all employees in the bargaining unit and should therefore employees have the choice to be entitled to their financial support, but also provides the choice to join or not join join the union or not. the union. Aclosed shop is the mostrestrictive form of union security. Only union members closed shop in good standing may be hired by the employer to perform bargaining unit work. Only union members in good This type of security clause is common in the construction industry. standing may be hired by the employer to perform bargain An open shop is a type of security arrangement whereby union membership is ing unit work. voluntary and nonmembers are not required to pay dues. In a union shop, membership and dues payment are mandatory conditions of open shop employment. Although individuals do not have to be union members at the time Union membership is volun that they are hired, they are required to join the union on the day on which they tary, and nonmembers are not commence work or on completion of probation. required to pay dues. In a modified union shop, the individuals who were bargaining unit membersat the time of certification or when the collective agreement was signed are not obliged union shop to join the union, although they must pay dues, but all subsequently hired employ Membership and dues pay ees must do both. ment are mandatory condi tions of employment. Under a maintenance-of-membership arrangement, individuals voluntarily joining the union must remain members during the term of the contract. Membership with modified union shop drawal is typically permitted during a designated period around the time of contract A situation where bargaining expiration. Dues payment is generally mandatory for all bargaining unit members.12 unit members at the time of certification or when the col TheImpact of Unionization on HRM lective agreement was signed are not obliged to join the Unionization results in a number of changes relating to HRM, all relating back to the union, although they must requirements of the collective agreement. A union does have an impact on the way pay dues, but all subsequently managers perform their HR responsibilities; when union leaders are treated as partners, hired employees must do both. they can provide a great deal of assistance with HR functions. Once an organization is unionized, the HR department is typically expanded by maintenance-of-membership the addition of an LR specialist or section. In a large firm with a number of bargaining arrangement units, human resources and labour relations may form two divisions within a broader Individuals voluntarily joining department, often called industrial relations or employee relations. the union must remain mem In a unionized setting, management has less freedom to make unilateral deci bers during the term of the sions. This change may lead managers and supervisors to feel that they have lost some contract of their authority, which can cause resentment, especially since they inevitably find  318 Chapter 16 that unionization results in an increase in their responsibilities. Supervisors are often required to produce more written records than ever before because documentation is critical at grievance and arbitration hearings. All HR policies must be consistent with the terms of the collective agreement. Union representatives are often involved in the formulation of any policies that affect bargaining unit memberssuch as those pertaining to disciplinary rules and regula tionsor are at least consulted as such policies are being drafted. Unionization also generally results in greater centralization of employee record keeping that helps to ensure consistency and uniformity. The Labour Movementin CanadaToday 16.2 Explain three trends in the labour movement in Canada. 16.3 Describe the purpose of Canadian labour laws. The labour unions in Canada can be classified according to the following characteristics: 1. Type of worker eligible for membership. All the early trade unions in Canada craft union were craft unionsassociations of persons performing a certain type of skill or Traditionally, a labour organ trade (e.g., carpenters or bricklayers). In todays workforce, examples include the ization representing workers British Columbia Teachers Federation and the Ontario Nurses Association. An practising the same craft or industrial union is alabour organization comprising all the workers eligible for trade, such as carpentry or union membership in a particular company or industry, irrespective of the type of plumbing. work performed. 2. Geographical scope. Labour unions with head offices in other countries (most often industrial union the United States) that charter branches in both Canada and one or more countries Alabour organization repre are known as international unionsfor example, the International Brotherhood of senting all workers eligible for Teamsters has 125 000 Canadian members. Labour unions that charter branches union membership in a par in Canada only and have their head office in this country are known as national ticular company or industry, unionsfor example, the Canadian Union of Public Employees (CUPE) had 650 000 including skilled trades people. members across Canada in 2018, and represented health care, emergency services, education, municipalities, social services, airlines, and others. A small number of employees belong to labour unions that are purely local in geographical scope and are called local unions. 3. Labour congress affiliation. A third way of distinguishing among labour unions is according to affiliation with one or another central labour organization. These central organizations include the following: Canadian Labour Congress (CLC). The CLC is the major central labour organ ization in Canada, and has over 3.3 million affiliated union members. Most international and national unions belong to the CLC, as well as all directly chartered local unions, local or district labour councils, and provincial or ter ritorial federations of labour. Confdration des syndicats nationaux (CSN). (In English, this is called the Confederation of National Trade Unions (CNTU)). This organization is the Quebec counterpart of the CLC and has more than 300 000 members. American Federation of Labor and Congress of Industrial Organizations (AFLCIO). The American counterpart of the CLC is the AFLCIO. The two organiza tions operate independently, but since mostinternational unions in the CLC are also members of the AFLCIO, a certain degree of common interest exists. local The basic unit of the labour union movement in Canada is the local, formed in a A group of unionized employ particular location. For HR managers and frontline supervisors, the union locals are ees in a particular location. generally the most important part of the union structure. Key players within the loca  Labour Relations 319 Strategic HR FORMING UNIFOR On Labour Day in 2013, Unifor became the largest private Given the size and mandate of Unifor, it aims to engage sector union in Canada. Created through the merger of Can members for political action in an attempt to extend ben adian Auto Workers (CAW) and the Communication, Energy efits of unions to all interested Canadians and the Can and Paperworkers Union of Canada, Unifor has a combined adian economy at large. Unifor also has experts in labour membership of more than 300 000 employees in a wide relations, economics, communication, total compensation, range of blue and whitecollar occupations, with 750 local and employment law, whose expertise can be used by unions operating under the Unifor banner. constituents.13 are the elected officials known as union stewards, who are responsible for representing union steward the interests and protecting the rights of bargaining unit employees in their department A union member elected by or area. The Strategic HR box discusses the formation and focus of Unifor, Canadas workers in a particular depart-ment largest private sector union. or area of a firm to act as their union representative Membership Trends As of 2015, 31.8 percent of Canadian employees were unionized.14 While these rates have remained relatively constanta 30 percent in Canada since 1999union density rates vary by industry, as highlighted in Table 16.1. Various factors were responsible for membership decline, including a dramatic increase in service-sector and white-collar jobs, combined with a decrease in employment opportunities in industries that had traditionally been highly unionized. More effective HR practices in nonunionized firms are another contributing factor.15 Traditionally, unions have targeted full-time, manufacturing workers (which used to be almost exclusively older males) for membership. Canadian unions are unique in that they have managed to refocus their target on membership to better align with workforce realities. As a result, the rate of decline in union membership is not nearly as significant in Canada as it is elsewhere (e.g., the United States). This can be attributed to three significant issues: global competition, demographics, and unionization of white-collar workers in Canada. Global Competition Globalization is transforming the dynamics of labour relations in Canada such that employers are being forced to become more militant and unions are struggling to maintain their influence at the bargaining table.16 Some unions face the difficult choice of negotiating concessions or watching jobs go to lower-cost countries. Table 16.1 UnionDensitybyIndustry, 2005versus2015 Union Density in Union Density Industry 2005 (percent) in 2015 (percent) Educational services 67.6 68.8 Utilities 66.7 63.0 Healthcare and social assistance 53.6 53.2 Transportation and warehousing 41.0 36.7 Construction 30.3 29.7 Manufacturing 29.5 23.5 Accommodation and food services 7.7 5.9 SOURCE: The Conference Board of Canada, Industrial Relations Outlook 2017: Striking, December 2016, p. 9. Reprinted by permission.  320 Chapter 16 Demographics The focus of union collective bargaining efforts must align with the workplace demographics. The aging of the workforce and pending labour shortage affects unions as well as HR managers.17 It has been suggested that unions and man-agement may need to work together to attract and retain workers. Retention concerns may make employers more willing to offer job security in exchange for promises of productivity and flexibility from unions. Pensions and benefits for older workers and retirees has also become more of a union priority. Unions have been criticized as a movement of the old that focuses on its past glories, as opposed to the challenges seen in the second decade of the twenty-first century.18 However, unions are taking aim at Canadian youth and visible minorities to show the relevancy of the labour move-ment in todays economically fragile world. Initiatives such as Ontario Federation of Labours Workers Under 30 Committee and the Canadian Union of Public Employees research in racial equality illustrate a strategic awareness of new demographic recruit-ment and service planning efforts required by contemporary labour organizations in this country.19 Unionization of White-Collar Employees Difficulties in attempting to resolve griev-ances and lack of job security have led to increased interest in unionization among white-collar workers. Service-sector workers, such as those in retail stores, fast-food chains, government agencies, managers, and professionals (including university and college faculty) have been targeted for organizing campaigns.20 Since these jobs tend to have more women and young people than manufacturing jobs, unions are now focus-ing more on workfamily issues as well as the health and safety risks associated with white-collar jobs, such as the potential for repetitive strain injuries from working at video display terminals (computers or laptops).21 CanadasLabour Laws Canadian labour laws have two general purposes: 1. To provide a common set of rules for fair negotiations 2. To protect the public interest by preventing the impact of labour disputes from inconveniencing the public As with other employment-related legislation, there are 13 provincial and territor-ial jurisdictions, as well as federal labour relations legislation for employees subject to federal jurisdiction. There are a number of common characteristics in the LR legislation across Canada, which can be summarized as follows: Procedures for the certification of a union The requirement that a collective agreement be in force for a minimum of one year Procedures that must be followed by one or both parties before a strike or lockout is legal The prohibition of strikes or lockouts during the life of a collective agreement The requirement that disputes over matters arising from interpretation of the collective agreement be settled by final and binding arbitration Prohibition of certain specified unfair practices on the part of labour and management Establishment of a labour relations board or the equivalent; labour relations boards are tripartitemade Blinch/Reuters/Corbi up of representatives of union and manage-ment, Mark as well as a neutral chair or a vice-chair, Air Canada workers on strike in 2011 typically a government representative.  Labour Relations 321 Labour relations legislation attempts to balance employees rights to engage in union activities with employers rights to manage. For example, managers are prohib ited from interfering with and discriminating against employees who are exercising their rights under the LR legislation. One restriction on unions is that they are prohib ited from calling or authorizing an unlawful strike. The Labour Relations Process 16.4 Outline the five steps in the labour relations process. 16.5 Describe the five steps in a union organizing campaign. 16.6 Outline the three waysto obtain union recognition. 16.7 Describe the three steps in the collective bargaining process. 16.8 Explain the typical steps in a grievance procedure. As illustrated in Figure 16.1, the labour relations process consists of five steps. Each of these five steps is reviewed in detail below. Figure 16.1 An Overviewofthe Labour Relations Process Management and its representatives Objectives and strategies affect Step 3 Step 4 If there is The union and Step 5 Step 1 Step 2 sufficient support, management Day-to-day Employees decide The union the union negotiate to contract to seek collective organizing receives arrive at a administration representation campaign begins official mutually satisfactory begins recognition collective agreement Objectives and strategies affect The union and its representatives Laws and regulation  322 Chapter 16 Step 1: Desirefor Collective Representation Based on a review of 36 research studies internationally, three classifications were developed to explain why individuals join unions:22 dissonance-based Dissonance-based reasons. When expectations of work (e.g., work should be enjoy-able reasons for collective and rewarding) and the experience of work (the work environment is unpleas-ant representation and pay is low) are in conflict, the desire to join a union is triggered. However, The desire to join a union due if dissonance is the reason why employees want to unionize, then they will only do to a conflict between expec-tations so if they think the union will be effective in remedying the associated discontent of work and work or frustration with the work expectations versus experiences dissonance. experiences. Utility-based reasons. Anindividuals decision to join a union can also be attrib-uted to a rational calculation of the costs and benefits of unionization, where indi-viduals utility-based reasons for compare the costs and benefits of remaining nonunionized versus becoming collective representation unionized. The selection of which decision to make is largely based on the calcula-tion A decision to join a union of the cost and benefit analysis.23 based on a rational calculation of the costs and benefits of Political and ideological reasons. Anindividuals political or ideological beliefs joining a union. may influence their understanding of and desire for collective versus individual negotiation of employment terms.24 However, research studies have made it clear that dissatisfaction alone will not lead to unionization. More important seems to be the employees belief that it is only through unity that they can protect themselves from the arbitrary whims of management. In other words, it is only when workers are dissatisfied and believe that, except through collective action, they are without the ability to change the factors causing dissatisfac-tion that they become interested in unionizing.25 Numerous studies suggest that age, gender, education levels, and other demo-graphic factors are highly correlated with the desire to join a union. However, there is little consistency with the findings of the studies, with the exception of two groups: People older than age 60 and black workers are consistently likely to have a desire to join a union.26 It has been theorized that this is largely due to perceptions of employ-ment-related discrimination. In Canada, there is a difference in unionization rates among private and public sector employees. It has also been suggested that each work-place is unique, so the demographic characteristics of one workforce may impact the desire to join a union in a way that isnt highly generalizable or applicable to alarger population. Union membership also has a positive impact on compensation, hours worked, and pay equity in Canada. In June 2018, the average wage rate for unionized employees was significantly higher than for nonunionized employees (average hourly rate unionized = $30.57, nonunionized = $25.4627), and average hours worked per week washigher for unionized employees in Canada (unionized = 35.5 hours, nonunionized = 34.728). On average, full-time female unionized workers earned 94 percent of the hourly wages of their male counterparts, and part-time female unionized workers earned 14 percent more than their male counterparts.29 Step2: Union Organizing Campaign Once interest in joining a union has been aroused, the union organizing process begins. There are five steps typically involved in this process: 1. Employee/union contact. Aformal organizing campaign may be initiated by a union organizer or by employees acting on their own behalf. Most organizing campaigns are begun by employees who get in touch with an existing union.30 However, large unions have a number of union organizers on staff who are respon-sible for identifying organizing opportunities and launching organizing campaigns. During these initial discussions, employees investigate the advantages of unio  Labour Relations 323 representation and the union officials start to gather information about the employ ees sources of dissatisfaction. 2. Initial organizational meeting. The union organizer then schedules an initial meet ing with the individuals who first expressed an interest in unionization and co workers who subsequently express their support. The aim is to identify employees who would be willing to help the organizer direct the campaign. 3. Formation of an in-house organizing committee. This committee comprises a group of employees who are dedicated to the goal of unionization and who are willing to assist the union organizer. 4. The organizing campaign. Members of the inhouse committee then contact employees, present the case for unionization, and encourage as many employees as possible to sign an authorization card indicating their willingness to be repre authorization card sented by the union in collective bargaining with the employer. A card signed by an employee 5. The outcome. There are a number of possible outcomes to a unionization cam that indicates his or her will paign, including rejection by the majority of eligible employees. For a union to ingness to have the union become the bargaining unit for a group of employees, it must be certified by a act as his or her representa labour relations board (LRB) or receive official recognition from the employer. tive for purposes of collective bargaining Employer Response to an Organizing Campaign There may be cases when an employer feels that the employees are considering organizing a union (some common signs of this are highlighted in Table 16.2). If the employer prefers that the group seeking unionization retain its nonunion status, a careful campaign is usually mounted to coun teract the union drive. Normally, HR department staff members head up the campaign, although they may be assisted by a consultant or labour lawyer. Absolutely critical to the success of a companys countercampaign is supervisory training. Supervisors need to be informed about what they can and cannot do or say during the organizing campaign to ensure that they avoid actions that might directly or inadvertently provide fuel for the unions campaign, while at the same time refraining from violating LR legislation. As much information about the union as possible should be obtained pertaining to dues, strike record, salaries of officers, and any other relevant facts that might cause employ ees to question the benefits of unionization. Communication strategies can be planned, with the aim of reminding employees about the companys good points, pointing out disadvan tages of unionization, and refuting any misleading union claims. The employers case for remaining nonunion should be presented in afactual, honest, and straightforward manner. Under the law, employers are granted the right to do the following: Express their views and opinions regarding unions State their position regarding the desirability of remaining nonunionized Prohibit distribution of union literature on company property on company time Table 16.2 Signsof OrganizingActivity Disappearance of employee lists or directories More inquiries than usual about benefits, wages, promotions, and other HR policies and procedures Questions about managements opinion of unions An increase in the number or nature of employee complaints or grievances A change in the number, composition, and size of informal groups at lunch and coffee breaks The sudden popularity of certain employees (especially if they are the informal leaders) The sudden cessation of employee conversation when a member of management approaches, or an obvious change in employees behaviour toward members of management, expressed either formally or informally The appearance of strangers in the parking lot The distribution of cards, flyers, or pro-union buttons SOURCE: Based on part on L. Field, Early Signs, Canadian HR Reporter (November 29, 1999), p. 14.  324 Chapter 16 Increase wages, make promotions, and take other HR actions, as long as they would do so in the normal course of business; in most jurisdictions, however, once an application for certification is received by the LRB, wages, benefits, and working conditions are frozen until the application is dealt with Assemble employees during working hours to state the companys position, aslong as employees are advised of the purpose of the meeting in advance, attendance is optional, and threats and promises are avoided (employers have no obligation to give the union the same opportunity) Step3: Union Recognition A union can obtain recognition as a bargaining unit for a group of workers in three basic ways: (1) voluntary recognition, (2) the regular certification process, and (3) a prehear ing vote. Bargaining rights can also be terminated in various ways. Voluntary Recognition An employer in every Canadian jurisdiction except Quebec can voluntarily recognize a union as the bargaining agent for a group of its employees. Although fairly rare, this may occur if an employer has adopted a union acceptance strategy and believes that employees want to be represented by that union. Regular Certification The normal union certification procedure is for the union to present