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123 Cards in this Set
- Front
- Back
Seniority |
Employee length of service with an employer |
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two uses of seniority: who prefers what |
1. Competitive status issues: seniority is used to determine promotion, layoff, or recall 2. Benefit status: seniority used to determine entitlement such as amount of vacation Unions: seniority for more workplace issues Employers: seniority for less workplace issues |
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Super-seniority |
provision that specified union officers will be the last to be laid off |
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Recall period |
length of time an employee on layoff is entitled to reclaim their job |
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Deemed termination |
contract term providing that an employee is dismissed if he or she is absent for a specified time |
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Bumping or bumping rights (layoffs) |
displacement of an employee by another empoyee who has more seniority and would otherwise be laid off |
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Recalls |
employees who have been laid off will be recalled to work in order of seniority |
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Sufficient ability clause (seniority during job vacancies) |
provision that the employee with most seniority is awareded a job if they have enough ability |
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Relative or competitive ability clause (seniority during job vacancies) |
provision that seniority will only be referred to if the skill and ability of two employees competing for a job are relatively equal |
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Hybrid seniority (seniority during job vacancies) |
provision that combines sufficient and relative |
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Health and Safety Article |
- legislation - employer and employee obligations - Canadian center of occupational health and safety - JHSC - Additional provisions |
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Wages Article |
- Rates and increase - No Job classification changes - Additional allowances |
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Cost of living allowance |
provisions that provide and increase in pay for employees based on a formula linked to inflation |
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Benefits Article |
- Benefits provided and entitled to - Will arbitration be used to resolve disputes or claims to insurer - how much will ee contribute to cost of benefit |
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Hours of work and scheduling |
- shift length - min. number of hours - lunch breaks - shift change notice - additional pay (meals etc.) |
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Overtime |
- Restrictions - definition -distribution - additional compensation - remedy for errors |
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Remedy for errors |
- Some arbitratorsmay award cash to an employee who has not been correctly allotted overtime, instead ofordering the employee be given the next opportunity to work overtime. - Employers wouldprefer that the agreement clarify that the remedy is the next opportunity to work. |
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Technological change |
- protection against job loss - period of notice - job guarantees - retraining - preference in future openings |
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Leave |
- Jury duty: employer must protect ee benefits, position etc. during this time - Bereavement: in the employement standards legislation - Maternity: length, notices req., payment - Parental: length, notice req., payment - Sick: how many days, when ee terminated are they paid out? - Union: unpaid leave to attend union matters (long and short term) - Personal: attend sick family members etc., length of time, limitations |
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Union business |
- info to the employees (communication boards) - office space for steward - meetings during work hours - grievance investigation during work hours |
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Bargaining structure |
number of unions, employers, and estalishments involved in contract negitiations |
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two most common bargaining structures |
single employer, single establishment, and single union single employer, multiple establishments, single union |
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Centralized bargaining |
negotiations that cover more than one location, bargaining unit, or employer |
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industry bargaining |
centralized structure in which one negotiation covers all employees in an industry |
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decentralized bargaining |
negotiations between one employer and one union for one location (most common in canada) |
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significance of bargaining structure |
- affects negotiation process, contract terms, strikes and lockouts, and management relationship - whipsawing |
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Whipsawing |
establishing an agreement with one party and then using the agreement to pressure others |
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informal bargaining structure |
- factors in bargaining situation that produce results and behaviours associated with more centralized bargaining |
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pattern bargaining |
- part of informal - union negotiates an agreement with one employer and then attempts to have it copied with other employers |
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sub-processes in negotiation |
1. distributive 2. integrative 3. attitudinal 4. intraorganizational |
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Distributive bargaining |
limited resources are divided between parties |
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integrative bargaining |
parties objectives are not in conflict and joint gain is possible |
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attitudinal bargaining |
parties' relationship and what they do to change it |
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intraorganizational bargaining |
activities within each side to be a consensus |
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union-management relationship types |
1. conflict 2. containment-aggression 3. accomodation 4. cooperative 5. collusion |
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conflict type |
employer opposes the unions representation of employees only deals with the union as required by law |
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containment type |
employer contains or minimizes the unions impact in bargaining |
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accomodation |
each party recongizes the legitmacy of the other and there is moderate respect |
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cooperative |
parties completely accept eachothers legitimacy and are willing to collaborate |
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collusion |
coalition between union and employer to prusue common goals and practices that may be illegal |
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negotiation process |
1. notice to bargain - results in statutory freeze 2. bargaining teams selected 3. prep of demands 4. meetings 5. conciliation/mediation |
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stages of negotiation |
1. establishing negotiation range: sides explain their concerns 2. search phase: longest phase 3. crisis phase: strike or lockoout, forced to make final decisions |
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non-monetary issues |
issues that do not involve direct financial cost |
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monetary issues |
issues that involve cost |
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duty to bargain in good faith |
both union and employer must make reasonable efforts to each agreement |
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hard bargaining |
legitimate attempt to obtain a favorable agreement |
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surface bargaining |
aimed at avoiding agreement |
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first contract arbitration |
provides for the imposition of an agreement where efforts to reach a first contract have failed |
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strategies in distributive bargaining |
-try and find the other party's resistance point |
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resistance point |
negotiating party's bottom line - least favorable offer they will accept |
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target point |
result the party hopes to achieve |
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initial position |
party's first offer or demand in negotiation |
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ratification vote |
when employees approve or reject negotiation agreement |
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interest-based bargaining and the principles |
- approach to negotiations in which the parties use problem solving and attempt to find a settlement that produces gains for both - focuses on people not problem, their interests, uses objective criteria |
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grievance rate |
rate of grievance filed divided by the number of employees in bargaining unit |
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ownership of grievance |
refers to the issue of who decided whether grievance is filed, settled, or withdrawn or arbitrated |
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privileged communications |
discussions that cannot be referred to at arbitration hearing |
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without prejudice |
label identifying documents that cannot be referred to at the susequent arbitration hearing |
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waiver |
Legal concept meaning acceptance of the rule that if a party does not object to a error it cannot raise the issue later |
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minutes of settlement |
document that sets out the terms of an agreement to resolve grievances |
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without precedent |
basis for settlement that means it cannot be referred to in any subsequent hearing |
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rights arbitration |
resolution of a dispute relating to the administration of a collective agreement |
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interest arbitration |
refers to the determination of the terms in a collective agreement |
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agreed statement of facts |
matters that both parties have agreed on |
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burden of proof |
refers to who must prove the facts in dispute |
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argument in the alternative |
refers to a party making an argument it wishes the arbitrator to accept if its primary argument is not accepted |
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arbitratability |
whether an arbitrator has authority to hear a dispute |
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Remedies of arbitration |
1. order reduction of discipline 2. declaration that a party violated agreement 3. order payment of damages for financial loss |
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culminating incident |
if employee has been guilty of misconduct the employer is allowed to take into consideration the employees previous record in determining penalty |
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possible disciplines |
written warning suspension (w/o pay) demotion dismissal |
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progressive discipline |
means an employer provides lesser penalty for a first offence and applies more severe for second plus |
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Discipline restrictions |
- cannot impose fines but can force compensation for damages - cannot lessen seniority |
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last chance agreement |
employee guilty of misconduct will be reinstated if subject conditions have been met |
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constructive layoffs |
reduction of hours for employees |
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culpable absenteeism |
employee is at fault or blameworthy conduct |
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innocent absenteeism |
no control for being absent from work |
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when can an employer terminate for innocent absenteeism |
1. past absence has been significantly greater than in bargaining unit 2. no likelihood of attendance improving 3. employer has accommodated past undue hardship |
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duty of fair representation |
prohibits the union from acting in a manner that is arbitrary, discriminatory or in bad faith |
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expediated artbitration |
faster resoultion of disputes by providing shorter time limits |
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grievance mediation |
confidential process in which mediator helps the parties negotiate to settle grievance |
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problems with arbitration |
1. expatiated arbitration 2. grievance mediation |
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Types of third party assistance |
conciliation mediation arbitration mediation-arbitration |
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conciliation |
one-stage conciliation process involving either a conciliation officer or conciliation board two stage involves a conciliation office and then a board if no settlement is reached |
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conciliation officer |
ministry representative who attemps to assist parties to reach agreement |
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coniliation board |
3 person panel that hears both sides and assists in settlement |
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cooling off period |
time the parties must wait after conciliation before they can strike |
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no board report |
confirms that a conciliation board will not be appointed and begins countdown to strike |
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mediation |
attempts to assist the parties to reach agreement roles vary in jurisdictions Canada - conciliation may be required |
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fact-finding |
process found in some private and public section labour relation statuses |
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chilling affect |
parties unwillingness to make concessions during negotiation |
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narcotic effect |
parties losing the capability to negotiate their own agreement |
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final offer selection |
type of arbitration in which arbitrator chooses b/w the union and employers officers |
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total package final offer |
when the arbitrator selects ALL the unions or employers officer |
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it-by-item final offer selection |
when arbitrator choose b/w union and employer and offers separately for each contract issue |
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first contract arbitration |
used to resolve issues in first disagreeance b/w parties |
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second or subsequent contract arbitration |
policy option, that allows either of the parties to apply to the board for settlement adopted in manitoba |
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mediation-arbitration |
when 3rd party first acts as mediator and if no agreement is made they act as arbitrator to settle the dispute |
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final offer vote |
when employer may request final offer vote or the minister directs a vote |
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back to work legislation |
ends a strike of lockout and usually imposes arbitration |
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work to rule |
campaign is a work slowdown carried out by strictly adhering to work rules and the collective agreement |
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rotating strikes |
when employees at different locations alternately stop working |
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wildcat strike |
illegal strike that has not been authorized by union |
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lockout |
employer closes jobs in bargaining unit |
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hot cargo clause |
allows employees to refuse work with goods associated with an employer engaged in a labour dspute |
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strike pay |
money paid by union to workers on strike |
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picketing |
cannot obstruct entry or intimidate |
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secondary picketing |
picketing at a location other than workplace in 2002 this was ruled illegal |
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public sector |
all persons employed directly by local, provincial and federal governments - majority union |
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replication principle |
holds that an arbitration award should reflect the agreement that the parties would have reached in negotiation |
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designated or controlled strike model |
when ee has the right to strike but a specified number of ees must continue to work to provide essential services to the public |
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effects of unionization |
compensation productivity profitability investments recruiting and selection employment training managerial control and decision making |
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threat effect |
upward pressure on non union wages caused by the possibility that employees may unionize |
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crowding effect |
downward pressure on non union wages caused by an increase supply of labor in non union sector |
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tayloristic work principles |
include the seperation of management and work activities, and increasing efficiency through specialization |
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job control unionism |
emphasizes protection of jobs by controlling management and entails adversarial relationship |
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best practices in employee communication |
1. conduct audit 2. create outlets for ee communication to management 3. have leaders interact with ee |
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staff recognition programs |
encourage greater levels of discretionary efforts by employees for example: milestones, awards, recognition |
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quality circcles |
groups of ee who investigate problems related to quality and make recommendations |
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problem solving groups |
teams that consider issues and develop recommendations |
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employee management committees |
ongoing group of ee and management |
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self directed or self managing work teams |
groups of ee who take on functions previously performed by managment |
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co-determination |
system in which management shares decision making authority with union example: magna's fairness agreement |
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due process |
process related to employee discipline that follows predetermined set of rules and allows the accused staff member to present their perspective on the alleged misconduct |