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21 Cards in this Set
- Front
- Back
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union security clause
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applicationof various sections of the labour code to ensure that the union has sufficientresources to represent all members of the bargaining unit effectively. Theseapplications are usually reflected in contractual terms between the union andthe employer
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union dues
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usuallycalculated either as a standard flat fee or as a percentage of the employee’smonthly or annual pay. The percentage-based calculation is more common inCanada because it bases an employee’s dues on what the employee actually earns,whereas a flat fee has more of a financial impact on lower paid employees
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dues check-off
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provisionallows the union member to direct the employer to deduct union dues from his orher paycheque and to forward the deducted amount directly to the union. Thisprovision exists so that the union does not have to go to the trouble ofgathering money directly from every member after each paycheque is issued. Italso ensures that the union receives its membership dues regularly and promptly
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Rand formula
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while not all employees may wish to be members of the union, allemployees in a unionized workplace benefit from the contract terms the unionnegotiates; therefore, all employees, whether union members or not, shouldfinancially support the work of the union. Rand formula makes the payment ofunion dues compulsory while allowing employees to opt out of actually joiningthe union
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closed shop/union shop
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Underthis union security provision, implemented through terms in the collectiveagreement, new employees, as a condition of employment, must agree to join theunion and pay union dues. ensuresthat the employer will not be able to reduce the union’s membership andinfluence by hiring individuals into the bargaining unit who will not join theunion
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hiring hall
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unions match employees with employers. tradespeople already in unionsbefore joining employer. Employerswanting to hire tradespeople contact the appropriate union, which then poststhe job opening at the hiring hall. The “hall” is a permanent posting site atthe union offices or a union-run website; members can visit these sites toobtain information on available opportunities, or union matches senior unionmembers to job openings
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oneof the underlying principles of Canadian labour relations law is that....
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Once a certification order is issued, both the union and the employerare compelled to commence collective bargaining
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simplest and most common bargaining structure
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single unit-single employer, whereone union negotiates with a single employer that operates a single location.
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pattern bargaining
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aka whipsawing. where an agreement reached by oneunion with one employer is used to pressure other employers in the sameindustry or that deal with the same union into agreeing to similar terms. Can be avoided by groups of employers or groups of unions bargaining as a single entity
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accreditation
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employerswishing to bargain as a group must apply to a labour relations board forcertification as an employers’ council. Theprocess whereby this group of employers is recognized as a single unit for thepurposes of bargaining is known as accreditation
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bargaining council
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Unionsthat bargain together as a group. no formal recognition from a labourrelations board is usually necessary for unions to adopt this bargainingstructure.
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Participants of Collective Bargaining: Union Team
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-members of the union executive
-ordinary "rank and file" members -regional/national representative of larger or parent union (if applicable) -professional negotiators -union researchers and economists |
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Participants of Collective Bargaining: Management Team
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-executives who deal with union daily (HR)
-financial officer (advice onthe financial impacts of proposed settlements, knowledge on what can be paid salary-wise) -representatives from the parent organization (if applicable) |
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what can parties bargain for?
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issuesmost commonly addressed are wages, benefits, working hours, procedures forhiring and promotions, and working conditions
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management rights clause
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states that management has the rightto establish procedures or policies governing any issue not directly addressedin the collective agreement. Thus, while any issue is theoretically availablefor bargaining, if a collective agreement contains a management rights clause,the collective agreement will not be the absolute authority on how theworkplace is to be operated.
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Minimum term of collective agreements
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in most jurisdictions, must have a minimum term of one year
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Terms that collective agreement cannot contain
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-cannot contain terms that are inferior to the minimumconditions specified in the relevant employment standards act
- cannot contain any terms that discriminate against particular groups in the workplace. |
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components of bargaining in good faith
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-the parties are expected to enter into honest bargaining. means that the parties must not make offers that they are not prepared to commit to, or withhold information that might affect how the other party responds to a proposal.
-the parties are expected to bargain with the intent of reaching a collective agreement. means that the parties are expected to actively work toward achieving an agreement and should not jeopardize the process by making outlandish proposals that no reasonable negotiator would agree to, or skipping scheduled negotiating meetings without good reason. |
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process of identifying and prioritizing goals (setting bargaining priorities)
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-conduct a survey of its membership to discover their concerns and their bargaining priorities
-negotiating teams may look at what was and was not accomplished in any previous negotiations -negotiating teams may examine collective agreements in other locales of the union and/or insimilar industries to see what has been agreed to elsewhere -negotiating teams will examine the record of grievances filed since the last collective agreement went into effect -look at factors outside the organization (e.g., inflation rates, labour market demographics, and economic indicators) or other information to identify future trends that may affect the outcomes of bargaining. |
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Laundry list of proposals
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usuallyranked from the most to the least important and/or achievable. thetactic of presenting a complete list of proposals, including unimportant items,allows the team to hide the true priority of individual items on the list andthus achieve its desired outcomes more easily
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actions that define bargaining in bad faith
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-outright refusal to bargain.
-surfacebargaining (i.e., participating in negotiations but having no intent ofconcluding a collective agreement). -firingor disciplining union members or negotiators for reasons unrelated to theirperformance at work, or for no reason, during the negotiation process -"take it or leave it" bargaining approach (Boulwarism) - presenting an initial offer and refusing to negotiate further without rationale -refusingto provide the rationale for a bargaining position -employerbargaining directly with employees rather than with the union -attemptingto reopen the negotiation of terms that have already been settled |
