Industrial Relations In Canada Third Edition

Front 1

Strike

Back 1

an action where bargaining unit members withdraw their labour (Chapter 9)

Front 2

Lockout

Back 2

occurs when the employer closes all or part of the workplace so that the workers cannot enter the premises and perform their jobs. (Chapter 9)

Front 3

Legislation regarding strikes and lockouts

Back 3

- in order to strike they need to have a secret ballot vote by union members and majority wins
- notification of failure to settle a dispute must be issued before a strike or lockout
-72 hours notice to other side before a lockout or strike begins
- in Alberta companies can hire replacement workers
-Essential services such as police cannot strike
(Chapter 9)

Front 4

Boycott

Back 4

a union request that its members not buy or use products or services from an employer who employees are on strike or locked out. (Chapter 9)

Front 5

Libel

Back 5

a statement of something untrue that would damage a persons reputation (Chapter 9)

Front 6

Lost Person Days

Back 6

a calculation used to estimate the amount of working time lost because of strikes or lockouts (Chapter 9)

Front 7

replacement workers

Back 7

workers who carry out work usually done by union members who are on strike or locked out (Chapter 9)

Front 8

Scab

Back 8

A slang term for an individual who does the work of employees on strike (Chapter 9)

Front 9

Secondary picketing

Back 9

Picketing at a location of the employer which is not on strike to picketing business associates of a struck or locked out employer (Chapter 9)

Front 10

Wildcat Strike

Back 10

a strike that occurs spontaneously without a trike vote or strike mandate (Chapter 9)

Front 11

work to rule campaign

Back 11

a form of industrial action in which bargaining union members rigidly adhere to collective agreement terms (Chapter 9)

Front 12

ratification

Back 12

the bargaining stage in which the parties present the negotiated agreement to the constituencies they represent for approval (Chapter 9)

Front 13

Professional Strikebreaker

Back 13

an individual hired specifically to do the work of an employee on strike. The use of these individuals is illegal in some Canadian jurisdictions (Chapter 9)

Front 14

Conciliation

Back 14

a form of third party intervention in which the third party investigates a bargaining dispute and makes a report on its findings. recommendations are not binding. (chapter 10)

Front 15

Binding

Back 15

In the context of arbitration an agreement by the parties that the arbitrators decision will be final (chapter 10)

Front 16

Types of third party intervention

Back 16

conciliation, mediation, disputes inquiry board, fact finder, interest arbitration (chapter 10)

Front 17

Interest arbitration

Back 17

most invasive and intensive form of third party intervention. The arbitrator decides some or all of the terms of the collective agreement between the parties. Arbitrators recommendations are binding. only takes place when the collective agreement is being negotiated. Used when both parties agree to it. (chapter 10)

Front 18

Fact Finder

Back 18

person appointed by the labour relations board to gather all the relevant facts about negotiation such as what has ben agreed upon already and what is still in dispute then submits it as a report. (chapter 10)

Front 19

Mediation

Back 19

A form of third party intervention in which the third party participates in bargaining and helps negotiators reach a solution on their own. recommendations are not binding. Used upon the request of either party or if appointed by the minister of labour (chapter 10)

Front 20

Final Offer Selection

Back 20

A method of fashioning arbitration awards in which each party submits its final offer on each outstanding item and the arbitrator chooses some or all of the offer to create the reward (chapter 10)

Front 21

Total package final offer selection

Back 21

a form if interest arbitration in which the arbitrator creates a collective agreement by accepting the entire final offer of one party(chapter 10)

Front 22

Item by item final offer selection

Back 22

rather than choosing one parties complete final offer the arbitrator can use items from either party to create an agreement. (chapter 10)

Front 23

Chilling effect

Back 23

In negotiations, the inability of parties to settle on an agreement themselves because of continued reliance on third party intervention(chapter 10)

Front 24

Narcotic Effect

Back 24

The parties unwillingness of reluctance to settle disputes on their own because third arty intervention in available. Conflict resolution skills consistently get worse with lack of use. (chapter 10)

Front 25

Final Offer Vote

Back 25

Members of one party vote on whether or not to accept the other parties final bargaining offer. (chapter 10)

Front 26

Industrial Inquiry commission

Back 26

appointed by the minister of labour to investigate items in a dispute then report to him/her with the facts and recommendations. Shows that the minister of labour is being informed of the dispute and may become involved if the parties do not resolve it quickly. Can be enacted at any time by the labour minister even without a strike, lockout or breakdown in negotiations. Not in Alberta, SK, QC or NB. (chapter 10)

Front 27

Dispute Inquiry Board

Back 27

usually three individuals who are charged with the responsibility of gathering evidence about a dispute that has led to a trike or lockout or a breakdown in bargaining. (chapter 10)

Front 28

Booking out

Back 28

a mediator removing him or herself from the mediation process when he or she feels that his or her presence will no longer assist in solving the dispute (chapter 10)

Front 29

Grievance

Back 29

a dispute between the union and the employer over the interpretation application or administration of the collective agreement language (chapter 11)

Front 30

Grievance arbitration

Back 30

the process through which employer-union disputes during the term of the collective agreement are settled. (chapter 11)

Front 31

individual grievance

Back 31

when an action taken or not taken by the employer specifically affects an individual employee (chapter 11)

Front 32

Group Grievance

Back 32

if the action or inaction of the employer affects a number of employees in the same manner (chapter 11)

Front 33

Continuing grievance

Back 33

recurring; may not involve a single incident but instead involve an ongoing practice (chapter 11)

Front 34

Policy grievance

Back 34

a grievance filed by the union alleging that an employers incorrect action has affected all employees (chapter 11)

Front 35

Past Practice

Back 35

in the context of grievance arbitration, the acceptance of a previous or consistent violation of the collective agreement when a current occurrence of the same violation is now the subject of a grievance (chapter 11)

Front 36

Steps in the grievance Process

Back 36

• Begins with an action or inaction of a party that others feel are in violation of a collective agreement
o Causes a complaint
• Assuming the stated time limit has been respected the complaint goes to step one
1. Here the employee, possibly assisted by a union steward, raises the issue with a supervisor. Most grievances are solved by this stage.
2. If it is not resolved the griever is no longer involved. The grievance is put into writing with the specifics including all relevant details. Investigation is undertaken by each of the parties to verify and determine the facts. At that point a meeting is held. The company and the union argue/dispute each of their positions.
3. Failing there is an agreement in step two. The union’s business agent plus at least one other local union rep meets with senior management to attempt to resolve the issue. Failure to settle at this stage (3) means the conflict goes to arbitration.
(chapter 11)

Front 37

Duty of fair representation

Back 37

the union as well as an employers association must not act towards its members in a manner that is arbitrary, discriminatory, or in bad faith (chapter 11)

Front 38

Procedural Onus

Back 38

which party bears the responsibility for proving their case in the proceedings rather than simply responding to allegations. generally "he who alleges must go first and prove" this means usually the union must prove the guilt of the employer (chapter 11)

Front 39

Standard of Proof

Back 39

guidelines to assist arbitrators in determining which party's case should be uheld or accepted.

Front 40

Balance of probabilities

Back 40

Standard of proof used in arbitrations: must prove that it is likely to be true through the presentation of evidence (chapter 11)

Front 41

Beyond A Reasonable Doubt

Back 41

used in criminal proceedings have to present enough evidence to remove any doubt about the justification of the allegation (chapter 11)

Front 42

Clear and Cogent Evidence

Back 42

standard of proof requires that there be sufficient relevant evidence to convince the arbitrator that the grievance is or is not justified. (chapter 11)

Front 43

Direct Examination

Back 43

an examination of one party's witnesses by a representative of the same party during an arbitration hearing (chapter 11)

Front 44

Cross Examination

Back 44

an examination of one party's witnesses conducted by the other party during the arbitration process (chapter 11)

Front 45

re-examination

Back 45

in a grievance hearing, the process in which one party's advocate can ask further questions of a witness supporting that party after a witness has been cross examined. (chapter 11)

Front 46

Expedited Arbitration

Back 46

an arbitration process which operates within predetermined timelines and which has the parties represent themselves in hearings (chapter 11)

Front 47

Grievance Mediation

Back 47

a process of grievance resolution in which a third party assists the parties in reaching their own resolution to a dispute (chapter 11)

Front 48

Settlement Orientation

Back 48

an approach to grievance mediation in which G.Mediation is imposed by legislation and the parties are pressured to reach an agreement (chapter 11)

Front 49

Transformative Orientation

Back 49

an approach to grievance mediation in which the parties to the dispute are educated to resolve their own disagreements (chapter 11)

Front 50

Mediation-Arbitration

Back 50

Third party intervention in which the third party acts first as a mediator and if negotiators are still unable to agree becomes an arbitrator who determines solutions to bargaining disputes. (chapter 11)

Front 51

alternatives to arbitration

Back 51

1. expedited arbitration
2. grievance mediation
3. Mediation-Arbitration

(chapter 11)

Front 52

Successorship

Back 52

the legal obligation of an employer to continue its relationship with a union if the company undergoes changes ex change in location, company was bought out, purpose of business changes (Labour relations board has to determine whether the business is still similar enough to uphold previous agreements.) (chapter 12)

Front 53

Common employer declaration

Back 53

a declaration by a labour relations board that two separate businesses are a single entity
(chapter 12)

Front 54

Decertification

Back 54

the process through which a union is removed as a legal representative of a group of employees
-employees apply, secret ballot vote, majority needed to decertify
(chapter 12)

Front 55

Abandonment of bargaining rights

Back 55

a reason for decertification based on a union's failure to commence bargaining for a first collective agreement (chapter 12)

Front 56

Raiding

Back 56

an attempt by one union to certify a group of workers already represented by another union (chapter 12)

Front 57

Reopener clause

Back 57

clause in a collective agreement that allows the union and the employer to renegotiate terms of the collective agreement while it is still in effect if for example there is a work structure change such as one due to technological change (chapter 12)

Front 58

Management/Residual rights

Back 58

the philosophy often expressed in a clause in collective agreements that management has the exclusive tight to make decisions on workplace issues not addressed by the collective agreement (chapter 12)

Front 59

Implied obligations

Back 59

the philosophy that id a union and employer collectively bargain to determine workplace conditions any workplace issues not addressed should also be resolved by mutual negotiation (chapter 12)

Front 60

Continuity

Back 60

in the context of successorship the criterion deciding whether there is evidence indicating linkages between a former and current business (chapter 12)