MHR 523 Chapter Notes - Chapter 14: International Labour Organization, Canadian Labour Congress, Operation Union

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Published on 22 Apr 2013
School
Ryerson University
Department
Human Resources
Course
MHR 523
Professor
Chapter 14 Union Management Framework
(Pg. 492-508 + 512-522)
IR & HR Perspective on Workplace Conflict
A union is an organization with the legal authority to represent workers, negotiate the terms and
conditions of employment with the employer, and administer the collective agreement
A collective agreement is a labour contract that addresses a variety of issues such as wages, benefits,
working conditions, etc.
It is usually negotiated between the local union’s bargaining committee and the HR department
It places restrictions on management’s rights in managing the workplace
Why do Employees Join Unions?
Reasons for Joining
Job dissatisfaction
Individual attitudes toward unions
Perceived union instrumentality
Reasons for NOT Joining
Belief that union membership may harm chances for promotion
Viewed as having another “boss”
Extra costs for union dues and strikes
Negative opinions toward collective action
Unions
Canadian Labour Congress
Represents unions in Canada (3 million members)
Secession
Canada from international
More autonomy
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Arbitration
disputing parties involved present their disagreement to one arbitrator or a panel of private,
independent and qualified third party “arbitrators.” The arbitrator(s) determine the outcome of the
case.
Mediation
a neutral and impartial third party, the mediator, facilitates dialogue in a structured multi-stage
process to help parties reach a conclusive and mutually satisfactory agreement.
Conciliation
Government appointed 3rd party to explore solutions to the dispute.
Labour Relations Boards (LRBs)
Boards set up in the federal and provincial jurisdictions to administer labour relations legislation
More flexible than courts of law in their procedures for resolving complaints
The Union Organizes a Campaign
Employees get in touch with an existing union
Initial organizing Meeting
Formation of an in-house organizing committee
Begin campaign to organize
The outcome
Getting Bargaining Rights
Certification legal recognition
Voluntary recognition: if union organized majority of employees and employer feels that
this was done without pressure
Regular certification: depends on jurisdiction (by LRB)
Prehearing vote/automatic certification due to unfair labour practices
Unfair Labour Practices
Management
Interfering in the formation of a union or contributing financially
Discriminating based on union membership or because employee exercises rights
Intimidating or coercing an employee to join or not join
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Union
Trying to bargain when the union is not the certified agent
Persuading employees during working hours, or at the workplace to join or not join
Illegal strikes
Failing to represent employees fairly
During a union organizing campaign, employers can:
Express their views and opinions regarding unions
State their position regarding the desirability of remaining non-union
Prohibit distribution of union literature on their property or co. time (But not outside)
Increase wages, make promotions as normal course of business but often frozen until decided
Assemble employees during work hours to state company’s position
Administering the Collective Agreement
Grievance
A written complaint that some aspect of a collective agreement has been violated. Filed by
an individual union member, the union or management. Most grievances are filed by the
union.
To allow higher level managers and union reps to look at the issue from different
perspectives, decreasing the need for arbitration (3rd party)
Typical Grievance Procedure
Administering the Collective Agreement
Grievance: Complaint that some aspect of a collective agreement has been violated
Grievance procedures: Most collective agreements include formal multi-step procedures to resolve
grievances
Arbitration: The settling of a dispute by a 3rd party
Contract Provisions
Union Security (Closed shop, Dues check off)
Seniority: Unions prefer to have employee-related decisions based on the length of employment
Discipline: “Just cause” is required to discipline or discharge
Past Practice: Precedent is a new standard
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Document Summary

A union is an organization with the legal authority to represent workers, negotiate the terms and conditions of employment with the employer, and administer the collective agreement. A collective agreement is a labour contract that addresses a variety of issues such as wages, benefits, working conditions, etc. It is usually negotiated between the local union"s bargaining committee and the hr department. It places restrictions on management"s rights in managing the workplace. Individual attitudes toward unions: perceived union instrumentality. Reasons for not joining: belief that union membership may harm chances for promotion, viewed as having another boss , extra costs for union dues and strikes, negative opinions toward collective action. Represents unions in canada (3 million members) Arbitration: disputing parties involved present their disagreement to one arbitrator or a panel of private, independent and qualified third party arbitrators. the arbitrator(s) determine the outcome of the case.

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