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ADMS 3422 (12)

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York University
Administrative Studies
ADMS 3422
Indira Somwaru

Chapter 7 Sub Process of Collective Bargaining 1) Distributive bargaining - negotiations two parties compete over distribution of some fixed resource (wages) - economic reward for work performed on job; zero sum game (1 wins & 1 loses) - Tactic: develop bottom-line 2) Integrative bargaining - bargaining which there is potential for solution that produces mutual gain; win-win bargaining, principled negotiations, and interest-based bargaining (both parties win, shared same interest) - Breaks are addressed; bargaining shifts from positions to interests - Tactic: health & safety management & workers share same interest 3) Intra-team - Bargaining within union and management teams during collective bargaining process; individual union team members (example, represent group with particular interests, such as shift workers) 4) Building Trust / Attitudinal - difficult process of building mutual respect and trust necessary for positive collective bargaining relationship - Tactic: committee meets during collective agreement to discuss mutual problems Bottom line - minimum position in negotiations to avoid strike or lockout; represents best possible outcome short of strike (need to ask more than the bottom-line to get what you want) Contract zone Exists if each side’s bottom line overlaps (point where their negotiating positions intersect) Interest-based bargaining (IBB) - cooperative form of bargaining which parties focus more on interests and not exaggerated positions; principled, integrative, cooperative, positive-sum, or collaborative negotiations Triangle of Pressure – deadline may be necessary to pressure the parties into settlement 1) Union-Employer Pressure 2) Employer-Union Member/Employee Pressure 3) Union-Union Member Pressure Bargaining Steps 1) Mgmt & union prepare for bargaining 5) Momentum builds – assess moves & countermoves 2) Union or mgmt prepare proposals 6) Contract zone 3) Parties meet – establish ground rules 7) Settlement 4) Parties communicate priorities 8) Ratification –parties approves settlement Chapter 8 Role of Collective Agreement – establish rules/procedures, work place practices, relationships btwn parties - employer/employees are represented in collective agreements Layout of Collective Agreement 1) Cover Page 2) Table of content 3) Article - section of a collective agreement (headlines workplace issues/presented in all collective agreements) 4) Clause - A specific section of an article (sub-area within articles) 5) Appendixes / Schedule 6) Letter of understanding - Letter btwn parties, usually at end of an agreement describing specific practice they have agreed to follow Types of Clauses 1) Right of Parties Residual rights - A principle whereby management retains all rights it held before unionization except those changed by the agreement Legislative reference - Equity clause in collective agreements references legislation/ensures currency of laws (Human Right Act) Explicit reference - Equity clause in collective agreements specifies which groups are covered (age, race, colour) Same-sex benefits - Same-sex partners receiving the same benefits as opposite-sex partners 2) Organization of Work Technological change – job security (employees offered computer training) Distribution of work – flexible work / job rotation Red-circling - Protecting employees’ pay at a level higher than the normal rate of their current job (wage protection for employers ) 3) Labour Relations Process Grievance / Arbitration – complaint or concern regarding work condition 4) Education, Training, Development Multi-skill training - Training provide employees with variety of skills, some may not normally be part of their job 5) Working Conditions Corrective action - A warning process designed to improve employee performance or behavior Bumping - A process whereby senior employees pass on their layoff to more junior employees (downsizing) Super seniority - status of union representatives who, while in office, have highest seniority in the bargaining unit Chapter 9 Alternative dispute resolution (ADR) - Resolving disputes without going to court Final-offer arbitration - Interest arbitration in which the arbitrator must choose one of the parties’ proposals First agreement (or first contract arbitration) - Arbitration that determines the first collective agreement Grievance - A formal complaint that a specific clause in the collective agreement has been violated Grievance mediation - A voluntary nonbinding process whereby a neutral third party examine
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