Module 6; Labour And Employee Relations

Front 1

Acquired Rights

Back 1

Refers to rights that have been acquired by the union that may not be covered in the collective agreement but can be demonstrated and have been acted upon by the union and the employer.

Front 2

Alternative Dispute Resolution (ADR)

Back 2

A term used to cover a variety of methods to resolve disputes between labour and management other than the use of force or power. It is most associated with collaborative methods such as: conciliation, mediation arbitration, peer or ombudsperson review, independent fact-finding and interest-based issue negotiation.

Front 3

Automatic Certification

Back 3

Occurs when there is such strong employee support that it negates the need for a certification vote prior to the labour relations board (LRB) granting certification.

Front 4

Bargaining Agent

Back 4

The union that has been certified by the labour relations board to represent the employees in the bargaining unit.

Front 5

Bargaining Zone

Back 5

The area defined by the bargaining limits of each side; it is the zone within which both parties are willing to negotiate/concede.

Front 6

Blacklist

Back 6

An employer's list of people known to be union organizers or sympathizers that is circulated to ensure they are not hired.

Front 7

Business Unionism

Back 7

A union philosophy whereby the union recognizes that is a business and can only serve if it delivers needed services, on a business-like basis, to its members. The usual focus is on economic and security issues.

Front 8

Business Agent

Back 8

A paid, full-time elected or appointed union official involved in negotiating the collective agreement, helping to administer its terms, and handling grievances.

Front 9

Certification

Back 9

The procedure whereby a union is awarded the right to represent a group of employees.

Front 10

Closed Shop

Back 10

A clause in the collective agreement indicating that only union members in good standing may be hired. This is the most restrictive form of union security clause.

Front 11

Collective Bargaining

Back 11

The process used by the bargaining agent (union) to reach a collective agreement with an employer. Under it, individual employees surrender their rights to negotiate individual conditions of employment with their employer. Any and all changes to conditions of employment have to be negotiated/agreed to by the union/collective bargaining agent.

Front 12

Collective Agreement

Back 12

A signed agreement between an employer and a union outlining terms and conditions of work.

Front 13

Compulsory Check Off

Back 13

A clause in the collective agreement that stipulates that the employer must deduct union dues from the employee.

Front 14

Concessionary Bargaining

Back 14

A form of bargaining involving changes being made by the union (roll-backs) or an agreement to freeze monetary rewards. Usually occurs during severe economic downturns, in return for job security.

Front 15

Conciliation

Back 15

Is a form of assistance whereby a neutral third party facilitates the continued bargaining process when there has been a breakdown. These individuals have no direct influence or input into the terms for the agreement and no power to impose a settlement. It is a requirement in most jurisdictions in Canada before parties can strike or lockout.

Front 16

Constructive Dismissal

Back 16

Can be claimed by an employee when the employer makes unilateral and "fundamental" changes in the employee's job that are unacceptable to the employee. Usually such claims are successful if the employee is in some way worse off as as result of the change (e.g. reduced wages and benefits without notice, loss of status and/or responsibility, a hardship transfer, etc.)

Front 17

Cooling Off Period

Back 17

A mandatory provision in a number of jurisdictions whereby the parties must wait a prescribed period of time before taking action in the event of negotiations breaking down.

Front 18

Craft Union

Back 18

A union limited to representing skilled employees practicing the same craft or trade (e.g. electricians, plumbers, etc.)

Front 19

Decertification

Back 19

Occurs when the majority of employees made it known that they do not wish to be represented by a union, they wish to be represented by another union or the union fails to successfully negotiate a first contract (in jurisdictions where contracts are not imposed by arbitration).

Front 20

Distributive Bargaining

Back 20

A win-lose negotiation strategy, it is most appropriate when the issues being negotiated are measured in finite terms (e.g. monetary items such as wages and benefits).

Front 21

Due Process

Back 21

Refers to the natural law concept that says a disciplinary decision cannot be made that affects an individual or group of individuals unless it is for just cause and until they have had a chance to know why they are being disciplined, have had access to fair representation, been able to present evidence and rebut charges, been provided with reasonable privacy throughout the proceedings, there has been impartial fact-finding, the decision is made objectively and fairly and there is freedom from retaliation.

Front 22

Duty of Fair Representation

Back 22

A provision in legislation that requires the union as bargaining agent to represent members of the bargaining unit in a fair and honest manner and without bias or prejudice.

Front 23

Employee Associations

Back 23

Normally represent white-collar or professional employees. They also include employee groups that are not certified as bargaining agent under the labour code but carry out negotiations with employers on behalf of employees, e.g. doctors.

Front 24

Estoppel

Back 24

Not practicing a negotiated condition of employment can cause that condition to become null and void, e.g. routinely accepting vacation requests 1 week in advance of planned time off, instead of requiring 4 weeks as stipulated in the agreement. It is where the union insists on the continuation of the practice because in effect employees have "acquired" the right, even though it is contrary to the provisions of the collective agreement.

Front 25

Expedited Arbitration

Back 25

A process whereby a third party arbitrator renders a decision on disputes without the use of a formal hearing, rules of evidence and examination, and the writing of a formal award.

Front 26

Final Offer Arbitration

Back 26

Usually restricts the arbitrators to selecting one of the final offers made by the parties; however, they may also review the offers issue by issue.

Front 27

Grass Roots Unionism

Back 27

Driven from the bottom up, characterizes locals having a high degree of autonomy.

Front 28

Good Faith Bargaining

Back 28

The union and the employer made reasonable efforts to arrive at an agreement. It suggests an iterative process of proposals, negotiations, and willingness to compromise. Refusing to bargain or delaying the process are examples of one of the parties not acting in this way. Making unilateral changes to the conditions of employment during negotiations or by-passing the employees' representatives is considered to be another example.

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Grievance and Arbitration Procedure Clause

Back 29

It is required by law, and outlines the steps time limits and mechanism for arbitrator selection and resolution of grievances.

Front 30

Industrial Union

Back 30

A union representing all employees in a particular organization or industry.

Front 31

Independent Local Union

Back 31

A union not affiliated with a larger labour organization.

Front 32

Integrative, Mutual Gains or Interest-based Bargaining

Back 32

Win-win outcomes are the desired result. This bargaining approach requires a genuine interest on both sides to jointly explore issues and develop mutually beneficial solutions; involves joint fact finding and information collection, the use of brainstorming for possible solutions, and a commitment to open communication and mutual respect between the parties.

Front 33

Interest Arbitration

Back 33

The use of a third party arbitrator to decide upon the terms of a collective agreement.

Front 34

Job Control

Back 34

A strategy used by unions to define the scope of work that can be done, the qualifications required, and the training requirements for a particular job to ensure that only individuals who are in that job classification can do the work.

Front 35

Just Cause and Due Process Guidelines

Back 35

The following are guidelines for determining if this requirement has bee followed: did the organization forewarn the employee of the possible disciplinary consequences of his or her action or is it reasonable to expect that the employee would know he/she would be disciplined? Were management's requirements of the employee reasonable in relation to the orderly, efficient and safe operation of the organization's business? In the case of discipline/dismissal for poor performance - did management, before disciplining/discharging the employee, make a reasonable effort to establish that the employee's performance was unsatisfactory and try to correct it? Was the organization's investigation conducted in a fair and objective manner? did the investigation produce sufficient evidence of proof of guilt as charged? If needed, was the employee provided with representation? Has management treated this employee under its rules, orders, and penalties as it has other employees in similar circumstances? Did the discipline fit the misconduct, considering the seriousness of the proven offense, the employee's service record and any mitigating circumstances?

Front 36

Labour union

Back 36

Recognized association of employees who have joined together to deal with management. They have charters, constitutions and by-laws and are governed by legislation.

Front 37

Letter or Memorandum of Understanding

Back 37

Relate to agreements that have been negotiated or agreed to during the term of the collective agreement that the parties want included as part of the overall collective agreement.

Front 38

Local

Back 38

The smallest unit within a union representing a group of employees, usually in a particular geographic area or location.

Front 39

Lockout

Back 39

Occurs when the employer temporarily refuses to provide work to bargaining unit employees.

Front 40

Management Rights

Back 40

The rights to operate the organization/business - within the limits of the law - and in the best interest of the stakeholders.

Front 41

Management Rights

Back 41

Defined in terms of either residual rights whereby all rights held by management prior to the existence of the collective agreement continue in effect unless abrogated or modified by a provision in the agreement.

Front 42

Maintenance of Membership

Back 42

A union security provision indicating that once the employee is a member of the union, they must remain a member of the union through to the end of the contract.

Front 43

Med-arb

Back 43

A team whereby a dispute (which can also be an interest dispute) is first mediated by a third party and if a resolution cannot be found through mediation then the third party acts as an arbitrator and makes a ruling on the dispute by which the parties are bound.

Front 44

Modified Union Shop

Back 44

Union security provision indicating that employees do not need to join the union if they were employed at the time of certification, although they must pay dues.

Front 45

No Strike or Lockout provision

Back 45

It is a requirement, in virtually all jurisdictions in Canada, that a collective agreement contain a provision preventing occurrence during the term of the agreement.

Front 46

Open Shop

Back 46

The weakest form of union security clause, in which membership is voluntary.

Front 47

Past practice

Back 47

Actions by management or the union that are considered to be a standard practice that can be demonstrated and have been acted upon by one of the parties or employees. they lead to the "acquiring" of acquired rights.

Front 48

Pattern Bargaining

Back 48

Where the union uses the settlement made with another employee as a model to follow in reaching an agreement.

Front 49

Picketing

Back 49

Conducted by striking employees and sympathizers to make their displeasure known. It is limited to the place of employment or to the place where the "struck" work is being performed. It is illegal on private property without permission, or to block entrances and exits.

Front 50

Policy Grievance

Back 50

A grievance brought forward by the union when it believes there is violation of the agreement that has an effect on a number of employees or the whole of the bargaining unit.

Front 51

Pre-Hearing Vote

Back 51

Called by the LRB early in the certification campaign where there appears to be irregularities in the certification process (not applicable in BC).

Front 52

Productivity Bargaining

Back 52

A form of integrative bargaining geared to improve productivity resulting in new work practices.

Front 53

Progressive Discipline Procedure

Back 53

An employee relations process that involves the following: first conference - oral reminder, second conference - written reminder; decision making leave/suspension; termination

Front 54

Rand Formula

Back 54

A form of union security clause indicating that union membership is not mandatory but that paying union dues is mandatory. Because unions are required to represent all employees fairly and equally (even those who have chosen not to be members) this provision in a collective agreement ensures that the union benefits from everyone's financial support in return for the gains received as a result of the union's efforts. This formula is also known as 'dues shop' and 'agency shop'.

Front 55

Ratification

Back 55

The formal approval provided by the bargaining unit members of a proposed settlement. It is not always required by law but is a requirement of most union constitutions. Approval is achieved when the majority of employees voting are in favour of accepting the negotiated agreement.

Front 56

Replacement Workers (Scabs)

Back 56

Are hired by the employer to perform the duties of employees who are on strike.

Front 57

Representation Vote

Back 57

Secret ballot vote by members of the bargaining unit resulting in the acceptance or rejection of the union by employees.

Front 58

Residual Rights

Back 58

Refer to all those rights of management that are not identified in the collective agreement.

Front 59

Rights Arbitration

Back 59

The use of an independent third party to adjudicate a dispute arising from the interpretation of the collective agreement.

Front 60

Social/Reform Unionism

Back 60

Union activity/philosophy/strategy directed an influencing the social and economic policies of governments.

Front 61

Strike

Back 61

A temporary refusal to work following a union membership vote. To be lawful, they must occur in accordance with the provision of the jurisdiction and labour relations statutes.

Front 62

Surface Bargaining

Back 62

Going through the motions during collective bargaining without any real intent to reach an agreement.

Front 63

Secondary Picketing

Back 63

Is directed at other organizations such as the suppliers or customers of the primary organization undergoing the work stoppage.

Front 64

Seniority and Job Security

Back 64

Article(s) in the collective agreement that cover items related to transfers, promotions, lay-off and recall, job posting, and severance benefits.

Front 65

Strategic Choice Model

Back 65

Taking a 'big-picture' perspective and approaching negotiation with an understanding about how the labour relations environment will support or integrate with the performance of the organization and the achievement of its strategic goals.

Front 66

Unfair Labour Practice

Back 66

An action by an employer or union that unfairly affects an employee in making a free choice to unionize. They are TIPS: Threats, Intimidation, Promises or Spying.

Front 67

Union Steward

Back 67

A union member and colleague elected by workers to act as their representative. They receive, investigate and attempt to resolve complaints and grievances; inform members of union policies and meetings; recruit new members.

Front 68

Union Acceptance Strategy

Back 68

When the employer views the union and collective bargaining process as legitimate and appropriate for their organization.

Front 69

Union Avoidance Strategy

Back 69

When the employer prefers to be non-union and has developed HR policies and programs that discourage employees from wanting to join a union. This is sometimes referred to as union substitution or proactive HRM.

Front 70

Union Shop

Back 70

A form of union security indicating that union membership and the payment of dues are mandatory conditions of employment.

Front 71

Union Suppression Approach

Back 71

A union avoidance strategy that uses "hard-ball" tactics (e.g. frustrating the successful negotiation of a first-contract leading to decertification; using replacement workers during strikes or lockouts when legal; contracting out, etc.)

Front 72

Voluntary Recognition

Back 72

A procedure, recognized in legislation, where the employer accepts the union without going through a formal certification process.

Front 73

Wildcat Strike

Back 73

A spontaneous walkout not sanctioned by the union. May be legal or illegal depending on its timing.

Front 74

Whipsaw

Back 74

Union strategy for using the settlements of others to gain ground (e.g. threaten to strike unless the same deal as was provided by a competitor is provided).

Front 75

Work Stoppage

Back 75

Neutral term used to refer to strikes and lockouts, which does not assign responsibility for the breakdown in labour-management relations.

Front 76

Wrongful dismissal

Back 76

Occurs when an employee dismissal is not in compliance with the law or with a contractual arrangement. It includes not providing reasonable notice; often, reasonable notice extends beyond the minimum set out in statute law, and takes into consideration the precedence established through common law rulings.

Front 77

Yellow Dog Contract

Back 77

A former practice requiring employees to sign agreements indicating that they were not members of the union, not would they become union members while employed. Today this is illegal.

Front 78

The Industrial Relations and Disputes Investigations Act (1948):

Back 78

Specified the right of workers to join unions