Industrial Relations Week 7 PDF

INDUSTRIAL RELATIONS Week 7 Union Organizing Drive and Certification Professor Qian Zhang ADM3334 Week 7 Union Organizing Drive and Certification Course Schedule Learning Objectives Explain reasons why employees may, or may not, want to join a union. Outline how a union could obtain bargainin...

INDUSTRIAL RELATIONS Week 7 Union Organizing Drive and Certification Professor Qian Zhang ADM3334 Week 7 Union Organizing Drive and Certification Course Schedule Learning Objectives Explain reasons why employees may, or may not, want to join a union. Outline how a union could obtain bargaining rights. Describe the significance of a union obtaining bargaining rights. Outline the steps in a union organizing campaign and application for certification. Outline the factors determining and the significance of the bargaining unit. Explain limits on employer and union conduct during the organizing process. Outline the process to deal with unfair labour practices at certification and the remedies available. Explain the grounds and procedure to terminate a union’s bargaining rights. Outline the effect of a sale of a business on a union’s bargaining rights. Union objectives Improve terms and conditions of work Protecting employees against arbitrary management action Providing a process for conflict resolution and employee input Pursuing economic and social change Why employees unionize Canadian labour laws allow employees to express their desire to, or not to, become a union member. Why employees unionize Poor supervision Supervisors’ managerial ability Compensation Statistics Canada reported an average hourly wage rate of $30.45 for unionized employees (compared to $25.45 for non-union workers) in 2018. union advantage in pension plan coverage: 80% vs. 27% Why employees unionize Fairness or Equity unfair treatment Job Security Termination: just cause possibility of reinstatement Layoff Technological changes, contracting out (outsourcing) Why employees unionize Working conditions instrumentality: worker expectations and experiences on the job Workload healthcare workers, teachers Voice in Policymaking collective voice Complaint Mechanism Employer Policies employee involvement programs, compensation, complaint mechanisms Why employees Do Not join a union Unions’ Bargaining Rights A union can obtain bargaining rights in two ways: being voluntarily recognized by the employer voluntary recognition agreement: an agreement between a union and an employer providing that the employer recognizes the union as the bargaining agent for a group of employees applying to a Labour Relations Board and obtaining a certificate that grants the union the right to serve as the exclusive bargaining agent for employees Certification of a Union Most unions gain bargaining rights by certification. Labour relations legislation provides a certification process. Once a union has been certified, it has the right to represent employees until the Board terminates that right. Exclusive bargaining agent for the employees: no longer able to enter into, or retain, individual contracts of employment Organizing Campaign refers to the union’s attempt to convince employees that they should become union members. employee assign union sign-up enough request organizer members Organizing committee Open campaigns vs. keep the campaign secret Application for Certification sign up a sufficient percentage of employees as members Labour Relations Board at the federal or provincial jurisdiction establish: 1. it is a trade union as defined in labour relations legislation; 2. the application is timely; 3. the group of employees specified in the application is appropriate bargaining unit; 4. the union has adequate support of employees in the proposed unit. Key issues in the application Status of the Applicant Trade Union trade union: an organization that has as one of its purposes the regulation of relations between employees and employers. must not be dominated by, or influenced by, the employer. Appropriateness of the Bargaining Unit often described by exception described in terms of jobs, not individuals e.g., production workers à ”All employees of [employer] save and except forepersons, persons above the rank of foreperson, office staff, security guards, and technical employees.” Key issues in the application Employee Status and Exclusions employee vs. independent contractor (engaged in his/her own business) the fourfold test: 1. the degree of control over the worker 2. the ownership of the tools and equipment used to complete the work 3. whether the worker has a chance to make a profit 4. whether the worker may suffer a loss managerial exclusion a person’s real job or actual duties to be examined direct impacts on terms of employment: authority to hire, discipline, terminate or determine the compensation of others Determination of Union Support representation vote: a secret ballot vote conducted by the Labour Relations Board to determine if employees want a union to represent them hold shortly after the application for certification is filed Determination of Union Support Certification on the basis of membership cards a union can be certified without a representation vote if the membership cards filed with the application establish the required support of a specified percentage of employees in the proposed bargaining unit. NO - Ontario Unfair labour practice a contravention of the relevant labour relations legislation by an employer, union or employee. Employer: (1) threats, intimidation, and coercion (2) interference or influence by the employer Statutory Freeze prohibits the employer from making any changes in the terms of employment when an application is filed or the employer is notified of the application Group activity First read the following article (individually): https://www.shrm.org/topics-tools/tools/hr-answers/can- management-union-campaign Union unfair labour practices 1. intimidation, threats or coercion to compel a person to become or cease to be a member of a trade union 2. solicitation of union support during working hours Decertification the process by which a Labour Relations Board revokes the right granted to a union to represent employees and bargain on their behalf with the employer. decertification/termination/rescission/revocation of bargaining rights threat of losing unions’ bargaining rights if fail to maintain the support of the majority of members policy dilemma Successor Rights If an employer sold its business, the union’s bargaining rights and any collective agreement with the first owner could be nullified unless labour relations legislation provided for the possibility of a sale of the business. protect the bargaining rights of the union and any collective agreement in the event that the business is sold. How to Use Canlii tutorial videos: https://www.youtube.com/watch?v=02VpjSryO4I https://www.youtube.com/watch?v=kG19C7b10YU https://www.youtube.com/watch?v=7PCsXm7qDqM https://www.youtube.com/watch?v=SJcSDo08XPc https://www.youtube.com/watch?v=fQNIgFzGfWQ https://www.youtube.com/watch?v=sc3G7FAFTd8 In class activity 1. Carefully read the Arbitration Case 2. Find the facts & major arguments 3. Explore relevant legal evidences using CANLII Next week Review mid-term results prepare readings for next week (Collective Agreement, Chapter 7)