Chapter 13 - Union Management Framework

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Arbitration

Back 1

The settling of a dispute between labour and management by a third party. An arbitrator may be selected from a list provided by the appropriate ministry of labour, or the parties may agree to the selection of an arbitrator. The arbitrator's decision is final and cannot be changed or revised, except in such cases as corruption, fraud, or a breach of natural justice.

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Authorization cards

Back 2

Cards signed by workers to join a union. Depending on the jurisdiction, a union may be certified either on the basis of card signatures or as a result of an election.

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Business unionism

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Unionism whose mission is to protect workers, increase their pay, improve their working conditions, and help workers in general. Recognizes that a union can survive only if it delivers a needed service to its members in a businesslike manner.

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Canadian Labour Congress (CLC)

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An organization, with a membership of more than 3 million, that represents many unions in Canada. It has five main functions: (1) representing Canada at the International Labour Organization, (2) influencing public policy at the federal level, (3) enforcing the code of ethics set out in its constitution, (4) providing services (such as research and education) for its member unions, and (5) resolving jurisdictional disputes among its member unions.

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Collective agreement

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A labour contract that addresses a variety of issues such as wages and benefits, hours of work, working conditions, grievance procedures, safety standards, probationary periods, and work assignments. Usually negotiated between the local union's bargaining committee and the human resource or industrial relations department.

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Conciliation

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Use of a government-appointed third party to explore solutions to a labour-management dispute. Less formal than mediation. In most provinces, no strike action is permitted before a conciliation effort has been made. Conciliators are appointed by the federal or provincial minister of labour, at the request of either one or both of the parties involved, or at the discretion of the ministers. A conciliator is requested to submit a report to the minister within a specified time period. If conciliation fails, strikes or lockouts can legally commence.

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Craft union

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A type of local union composed of workers who possess the same skills or trades. These unions are composed of workers who possess the same skills or trades; these include, for example, all the carpenters who work in the same geographical area.

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Grievance procedure

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A formalized procedure for resolving disputes if the parties have a disagreement regarding the interpretation of a term of the collective agreement. A grievance is a complaint by an employee or employer that alleges that some aspect of a collective agreement has been violated. Labour legislation typically requires that a grievance that cannot be resolved between the parties be submitted to an arbitrator or arbitration board whose decision is final and binding.

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Industrial union

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A type of local union that includes the unskilled and semiskilled workers at a particular location.

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Labour relations boards (LRBs)

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Board set up in the federal and provincial jurisdictions to administer labour relations legislation. They have the power to determine: (1) whether a person is an employee for the purposes of the law; (2) whether an employee is a member of a trade union; (3) whether an organization is an appropriate bargaining agent for bargaining purposes; (4) whether a collective agreement is in force; and (5) whether any given party is bound by it.

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Local union

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A union that provides the members, the revenue, and the power of the union movement. For most union members and industrial relations practitioners, the most important part of the union structure. Historically, the two major types of local unions were craft and industrial unions.

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Management rights

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Rights that provide management with the freedom to operate the business subject to any terms in the collective agreement. They often include the right to reassign employees to different jobs, to make hiring decisions, and to decide other matters important to management.

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Mediation

Back 13

Use of a neutral third party to help settle a labour-management dispute. Often a mediator will meet separately with each bargaining team, especially when the negotiations take place in a hostile atmosphere.

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Public Service Staff Relations Act (PSSRA)

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Provides federal public servants with the right to either opt for compulsory arbitration or strike.

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Precedent

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A new standard that arises from the past practices of either the company or the union. Once a precedent results from unequal enforcement of disciplinary rules, the new standard may affect similar cases in the future.

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Seniority

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Length of the worker's employment, which may be used for determining order of promotion, layoffs, vacation, etc.

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Social (reform) unionism

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A type of unionism that tries to influence the economic and social policies of government at all levels. In practice, union leaders pursue such objectives by speaking out for or against government programs.

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Unfair labour practices

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Practices by management such as interfering with or discriminating against employees who undertake collective action. Unions may also commit unfair labour practices.

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Union shop

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A union security provision in which employers may hire anyone they want, but all new employees must join the union within a specified period.