BU354 Chapter Notes - Chapter 13: Rand Formula, Active Listening, Closed Shop
There are three stages to an employer's defense in the event that an employer is committed
to remaining union free:
oStage 1: removing the incentive to unionize through effective human
resource management
E.g. competitive wages and benefits
oStage 2: occurs when card signing begins
involves discussing the impacts of unionization (such as the union
becoming the exclusive bargaining agent, the requirement for
employees to pay dues, and the need to carefully assess union
promises) and the need to avoid unfair labour practice charges.
oStage 3: occurs when an election is about to be held
the employer is advised to encourage employees to get out and vote
because the chance of a union victory may decline as voter turnout
increases.
-When unions are organizing, labour relations boards like to pay close attention to
the action of employers.
oEmployers cannot counter a union forming
oConsequently, employers are well advised to obtain prudent legal advice in
the wake of a union organizing campaign.
-When an unfair labour practice is committed by an member of management, it can
lead to expensive, time-consuming lawsuits and automatic union certification.
Unfair Labour Practices
-Unfair Labour Practices: practices by management such as interfering with or
discriminating against employees who undertake collective action.
oUnions may also commit unfair labour practices.
-Some unfair labour practices management may engage in include:
oInterfering with the formation of a union or contributing to it financially
oDiscriminating against an employee because the individual is not a member
of the trade union
oDiscriminating against an employee because that individual chooses to
exercise rights granted by labour relations statutes
oIntimidating or coercing an employee not to unionize.
-By Unions, some unfair labour practices are:
oSeeking to compel an employer to bargain collectively with the union if the
union isn’t the certified bargaining agent
oAttempting, at the workplace and during working hours, to persuade an
employee to become or not the become a union member
oIntimidating, coercing or penalizing an individual because he or she has filed a
complaint or testified in any proceeding pursuant to the relevant labour
relations statute.
oEngaging in, encouraging, or threatening illegal strikes
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oFailing to represent employees fairly.
o
Obtaining Bargaining Rights
-Legal recognition to bargaining rights can be obtained in three ways:
oVoluntary Recognition
oRegular Certification
oPrehearing Votes.
-Voluntary recognition:
ooccurs if a union has organized a majority of employees and the employer is
satisfied that the union did not apply undue pressure in the organization
process
They then accept the union as a bargaining agent without 3rd party
involvement
-Regular certification:
oIn some provinces, if a substantial number of employees (usually between 50
and 65 percent) sign union cards, the labour relations board may certify the
unit without an election.
oIf the union is unable to get enough employees to sign cards to qualify for
automatic certification but still gets a significant number of card signatures (t
between 35 and 45 percent), an election is mandatory.
A secret ballot is taken under the supervision of the labour relations
board at the employer’s place of business.
If the union loses, another election among the same employees
cannot be held for one year.
If the union wins (majority vote in favour of the union), then the
employer must prepare to negotiate with the union and attempt to
reach a collective agreement.
oFive provinces (Alberta, British Columbia, Nova Scotia, Ontario, and
Saskatchewan) do not automatically certify unions based on card signatures.
Rather, an election is held if there is sufficient support for the union in
the form of signed cards.
Again, the union is certified if the majority of the ballots cast are in
favour of the union.
Similarly, recent changes to the Canada Labour Code, result in a
similar procedure for a union attempting to organize federally
regulated employers.
-Prehearing votes:
oTaken in cases when there are significant indications that an employer has
committed unfair labour practices to prevent unionization.
oIn such a case a union can ask a LRB to conduct a prehearing vote
Most jurisdictions allow for automatic union certification if employer
actions are unfair.
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Negotiating a Collective Agreement
-Once a union is certified, the various labour relations statutes require both the union
and management to bargain in good faith
oboth sides are required to make a reasonable effort to negotiate a collective
agreement.
-The collective bargaining process has three stages:
1. Preparing for Negotiations:
oThe purpose of negotiations is to achieve a collective agreement and
therefore each party must ensure they make detailed preparations to achieve
its objectives.
LR specialists must monitor the environment to obtain information
about likely union demands
oManagement rights: freedom to operate the business subject to any terms in
the collective agreement
Residual rights theory of management: employers have rights over
anything not in the collective agreement
Union leaders assert that residual rights do not exist and that
they are free to bargain over any issue affecting workers.
Most collective agreements have a management rights
clause- which will not restrict management in any way
oManagement will use flexible language such as “any other duties assigned” so
they don’t get themselves in shit later.
2. Negotiating with the Union
oAfter preparing for bargaining, the second phase is face-to-face bargaining
with the union
If the negotiations are for a first contract, they begin after the union is
recognized by the employer or wins a certification election.
oNegotiations cover a wide variety of issues relating to terms and conditions of
employment
Wages mean all compensation and pay
Hours of work include the length of the workday, breaks, holidays,
vacations, and any other component of the work schedule.
Working conditions involve such issues as safety, supervisory
treatment, and other elements of the work environment.
oSuccessful bargaining usually begins with easy issues in order to build to a
give and take pattern
oNegotiations often take place in private so you can have an open discussion.
When deadlocks occur several practices can keep a negotiation going:
Compromising can be achieved by taking into accounts the
objectives of the other party
Progress is made my dropping the issue and moving on for
time being
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Document Summary
There are three stages to an employer"s defense in the event that an employer is committed to remaining union free: o. Stage 1: removing the incentive to unionize through effective human resource management. Stage 3: occurs when an election is about to be held the employer is advised to encourage employees to get out and vote because the chance of a union victory may decline as voter turnout increases. When unions are organizing, labour relations boards like to pay close attention to the action of employers. o. Employers cannot counter a union forming: consequently, employers are well advised to obtain prudent legal advice in the wake of a union organizing campaign. When an unfair labour practice is committed by an member of management, it can lead to expensive, time-consuming lawsuits and automatic union certification. Unfair labour practices: practices by management such as interfering with or discriminating against employees who undertake collective action: unions may also commit unfair labour practices.
