Dessler, Cole, Goodman and Sutherland Fundamentals of Human Resources Management in Canada Chapter Twelve Labour Relations, Collective Bargaining, and.

Dessler, Cole, Goodman and SutherlandFundamentals of Human Resources Management

in Canada

Chapter Twelve

Labour Relations, Collective Bargaining, and Contract Administration

© 2004 Pearson Education Canada Inc., Toronto, Ontario 12-1


Overview of Labour-Management Relations

Labour-Management Relations

–ongoing economic and social interaction between

• labour unions

• management

Labour-Management Relations

–ongoing economic and social interaction between

• labour unions

• management



Labour Union (Union)

–officially recognized association of employees:

• in similar trade

• employed in same company/industry

–collective voice in dealings with management

Labour Union (Union)

–officially recognized association of employees:

• in similar trade

• employed in same company/industry

–collective voice in dealings with management



Union Acceptance Strategy

–a labour relations strategy based on

management’s view that the union is the

legitimate representative of the firm’s employees

Union Acceptance Strategy


management’s view that the union is the

legitimate representative of the firm’s employees



Union Avoidance Strategy


management’s preference to operate in a

non-union environment

Union Avoidance Strategy


management’s preference to operate in a

non-union environment


Canada’s Labour Laws

Provincial/Territorial Legislation— Commonalities (1 of 2)

–certification procedures

–minimum one year collective agreements

–procedures preceding legal strike/lockout

–no strikes/lockouts during life of contract

–certification procedures

–minimum one year collective agreements

–procedures preceding legal strike/lockout

–no strikes/lockouts during life of contract



Provincial/Territorial Legislation— Commonalities (2 of 2)

–interpretation disputes settle by binding

arbitration

–prohibition of unfair labour practices

–labour relations boards to enforce legislation

–interpretation disputes settle by binding

arbitration

–prohibition of unfair labour practices

–labour relations boards to enforce legislation



Unfair Labour Practices—Management (1 of 2)

–interference with union activity by employees–participating in union activity–changing/threatening to change working

conditions during:• certification• collective bargaining• life of agreement

–interference with union activity by employees–participating in union activity–changing/threatening to change working

conditions during:• certification• collective bargaining• life of agreement



Unfair Labour Practices—Management (2 of 2)

–refusing to bargain in good faith

–penalizing employees for refusing to act as

replacement workers

–intimidating employees re union membership

–refusing to bargain in good faith

–penalizing employees for refusing to act as

replacement workers

–intimidating employees re union membership



Unfair Labour Practices

–conducting union business on company time/

premises without employer consent

–refusing to bargain in good faith-discrimination against union members on prohibited grounds-intimidating employees re union membership-failing to fairly represent all union members-threatening/authorizing unlawful strike

–conducting union business on company time/

premises without employer consent

–refusing to bargain in good faith-discrimination against union members on prohibited grounds-intimidating employees re union membership-failing to fairly represent all union members-threatening/authorizing unlawful strike


The Labour Movement in Canada Today

Types of Unions

Type of Worker

Eligible for

Membership

–craft

–industrial

Type of Worker

Eligible for

Membership

–craft

–industrial

Geographic

Scope

–international

–national

–local

Geographic

Scope

–international

–national

–local

Labour

Congress

Affiliation

–CLC

–CSN

–AFL-CIO

Labour

Congress

Affiliation

–CLC

–CSN

–AFL-CIO


The Labour Movement in Canada Today

Current Challenges

1. Global competition and technological change

2. Unionization of white-collar employees

3. Innovative workplace practices

1. Global competition and technological change

2. Unionization of white-collar employees

3. Innovative workplace practices


Step One—Employee’s Desire to Unionize

Reasons for Desire to Unionize

–job dissatisfaction–lack of job security–perceived inequities in pay–unfair administration of policies–lack of opportunity for advancement–lack of influence on work-related decisions–belief that unions can improve working conditions

–job dissatisfaction–lack of job security–perceived inequities in pay–unfair administration of policies–lack of opportunity for advancement–lack of influence on work-related decisions–belief that unions can improve working conditions


Step Two—Union Organizing Campaign

Step 5. OutcomeStep 5. Outcome

Step 4. Organizing campaign Step 4. Organizing campaign

The Union Organizing Process

Step 3. Formation of in-house committeeStep 3. Formation of in-house committee

Step 2. Initial organization meetingStep 2. Initial organization meeting

Step 1. Employee-union contactStep 1. Employee-union contact



Signs of Organizing Activity (1 of 2)

–disappearance of employee lists/directories–increased inquiries about benefits, wages, etc.–questions on management’s opinion of unions–increase in number/nature of grievances–change in composition/size of informal employee

groups

–disappearance of employee lists/directories–increased inquiries about benefits, wages, etc.–questions on management’s opinion of unions–increase in number/nature of grievances–change in composition/size of informal employee

groups



Signs of Organizing Activity (2 of 2)

–employee discussion of group meetings–sudden cessation of conversation when manager

approaches–appearance of strangers in parking lot–sudden popularity of certain employees–distribution of cards or flyers

–employee discussion of group meetings–sudden cessation of conversation when manager

approaches–appearance of strangers in parking lot–sudden popularity of certain employees–distribution of cards or flyers


Union Organizing and Recognition

Employer Rights

–express views on unions–state position on remaining non-union–prohibit union activity on company property/time–increase wages in normal course of business–gather employees to state company’s position if:

• purpose stated in advance• attendance optional• no threats/promises

–express views on unions–state position on remaining non-union–prohibit union activity on company property/time–increase wages in normal course of business–gather employees to state company’s position if:

• purpose stated in advance• attendance optional• no threats/promises


Step Three—Union Recognition Process

Union Recognition

VoluntaryRecognition

–doesn’t require involvement of a 3rd party

VoluntaryRecognition

–doesn’t require involvement of a 3rd party

Regular Certification

–automaticcertification

–representative vote

Regular Certification

–automaticcertification

–representative vote

PrehearingVote–in event of

irregularities–intent: to

engagesupport

PrehearingVote–in event of

irregularities–intent: to

engagesupport


Termination of Bargaining Rights

–termination of a voluntarily-recognized union

–employee request for decertification

–decertification due to fraud

–union request for decertification

–termination of a voluntarily-recognized union

–employee request for decertification

–decertification due to fraud

–union request for decertification


Collective Bargaining

–surface bargaining

–failing to make concessions/withdrawing

previously granted concessions

–failing to make reasonable proposals

–imposing unreasonable conditions

–surface bargaining

–failing to make concessions/withdrawing

previously granted concessions

–failing to make reasonable proposals

–imposing unreasonable conditions

Violations of Good Faith Bargaining (1 of 2)



–making unilateral changes in conditions

–bypassing formal representatives

–committing unfair labour practices during

negotiations

–failing to provide information

–making unilateral changes in conditions

–bypassing formal representatives

–committing unfair labour practices during

negotiations

–failing to provide information

Violations of Good Faith Bargaining (2 of 2)



–review strategic plan

–gather economic data

–conduct wage/benefit surveys

–analyze ability to pay

–analyze other collective agreements

–review strategic plan


–conduct wage/benefit surveys

–analyze ability to pay


Preparation for Negotiations— Management (1 of 3)



–obtain multi-employer coordination if required

–obtain supervisory input

–review existing contract/union promises

–audit/analysis of grievances

–canvass relevant arbitration award/LRB rulings

–obtain multi-employer coordination if required

–obtain supervisory input

–review existing contract/union promises


–canvass relevant arbitration award/LRB rulings




–costing

–prepare bargaining plan/strategy/guidelines

–establish bargaining team

–contingency planning

–establish communication strategy with senior

management

–costing

–prepare bargaining plan/strategy/guidelines



–establish communication strategy with senior

management




–review union policy objectives


–gather data on bargaining trends/settlements

–analyze employer’s finances


–review union policy objectives


–gather data on bargaining trends/settlements

–analyze employer’s finances


Preparation for Negotiations— Union (1 of 3)



–obtain input from stewards and others

–obtain input from membership

–review existing contract/organizing promises


–gather data on bargaining unit members

–obtain input from stewards and others

–obtain input from membership

–review existing contract/organizing promises


–gather data on bargaining unit members




–costing

–prepare bargaining plan/strategy



–costing

–prepare bargaining plan/strategy





The Collective Bargaining Process

Distributive Bargaining

Bargaining Zone

Settlement Range

Union Management

Resistance Point

Resistance PointTarget Point

Target Point

Initial Point

Initial Point



1. Distributive bargaining

2. Integrative bargaining

3. Intra-organizational bargaining

1. Distributive bargaining

2. Integrative bargaining

3. Intra-organizational bargaining

Negotiating



Ratification

–formal approval of agreement by union members–secret ballot

Ratification

–formal approval of agreement by union members–secret ballot


Third Party Assistance and Bargaining Impasses

Conciliation

–assistance of neutral outside third party–required prior to strike/lockout

Conciliation

–assistance of neutral outside third party–required prior to strike/lockout

Mediation

–assistance of neutral outside third party–usually voluntary

Mediation

–assistance of neutral outside third party–usually voluntary


Third Party Assistance and Bargaining Impasses

Bargaining Impasses

–strikes• strike vote• replacement workers• boycott

–lockout–interest arbitration

Bargaining Impasses

–strikes• strike vote• replacement workers• boycott

–lockout–interest arbitration


The Collective Agreement:Typical Provisions

–union recognition–management rights–union security/check-off–no strikes or lockout–grievance procedures–arbitration

–union recognition–management rights–union security/check-off–no strikes or lockout–grievance procedures–arbitration

Clauses (1 of 2)


The Collective Agreement:Typical Provisions

–disciplinary procedures–compensation rates and benefits–hours of work and overtime pay–employee security/seniority–health and safety–contract expiration date

–disciplinary procedures–compensation rates and benefits–hours of work and overtime pay–employee security/seniority–health and safety–contract expiration date

Clauses (2 of 2)


Step Five—Contract Administration

–union and management must abide by contract–most labour-management relations in day-to-day

contract administration–most provisions limit managerial actions–numerous grievances on seniority and

discipline provisions

–union and management must abide by contract–most labour-management relations in day-to-day

contract administration–most provisions limit managerial actions–numerous grievances on seniority and

discipline provisions


Contract Administration

–seniority refers to length of service in the

bargaining unit–basis for transfer, layoff, promotion decisions

when two candidates have relatively equal

skill/ability

–seniority refers to length of service in the

bargaining unit–basis for transfer, layoff, promotion decisions

when two candidates have relatively equal

skill/ability

Seniority


Contract Administration

–employee has right to grieve disciplinary

action considered:• too harsh • without just cause

–burden of proof on employer–precedents may be set when considering

extenuating circumstances

–employee has right to grieve disciplinary

action considered:• too harsh • without just cause

–burden of proof on employer–precedents may be set when considering

extenuating circumstances

Discipline


Grievance Resolution and Rights Arbitration

Grievance

–written allegation of contract violation filed by:• individual union members• union• management

Grievance

–written allegation of contract violation filed by:• individual union members• union• management



–resolve issues unanticipated when bargaining–interpret contract language–provide communication device–satisfy political needs for union–bring attention to contract areas requiring

clarification/modification

–resolve issues unanticipated when bargaining–interpret contract language–provide communication device–satisfy political needs for union–bring attention to contract areas requiring

clarification/modification

Purpose of the Grievance Procedure



Stage 1. Employee gives written grievance to

supervisor

Stage 1. Employee gives written grievance to

supervisor

Typical Grievance Procedure

Stage 2. Discussion by griever, HR, union stewardStage 2. Discussion by griever, HR, union steward

Stage 3. Discussion by senior management and

top union officials

Stage 3. Discussion by senior management and

top union officials

Stage 4. ArbitrationStage 4. Arbitration



–may stem from perceived injustice/hurt

feelings rather than actual contract violations–can become vehicle for parties to test relative

strength–political pressures may interfere

–may stem from perceived injustice/hurt

feelings rather than actual contract violations–can become vehicle for parties to test relative

strength–political pressures may interfere

Problems With Grievance Procedure



Rights Dispute

–regards interpretation/application of collective

agreement

Rights Arbitration

–arbitration of a rights dispute

Rights Dispute

–regards interpretation/application of collective

agreement

Rights Arbitration

–arbitration of a rights dispute


Impact of Unionization on HRM

–organizational structure changes

–management decision making changes

–changes in formulation of policies/procedures

–centralization of record keeping and

standardization of decision making

–changes in supervisory authority/responsibility

–organizational structure changes

–management decision making changes

–changes in formulation of policies/procedures

–centralization of record keeping and

standardization of decision making

–changes in supervisory authority/responsibility


Building Effective Labour-Management Relations

–institute open-door policy–extend courtesy of prior consultation–demonstrate genuine concern for employee

well-being–form joint study committees–hold joint training programs–meet regularly–use third-party assistance

–institute open-door policy–extend courtesy of prior consultation–demonstrate genuine concern for employee

well-being–form joint study committees–hold joint training programs–meet regularly–use third-party assistance

Dessler, Cole, Goodman and Sutherland Fundamentals of Human Resources Management in Canada Chapter Twelve Labour Relations, Collective Bargaining, and.

Documents

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