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123 Cards in this Set

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Seniority

Employee length of service with an employer

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

Super-seniority

provision that specified union officers will be the last to be laid off

Recall period

length of time an employee on layoff is entitled to reclaim their job



Deemed termination

contract term providing that an employee is dismissed if he or she is absent for a specified time

Bumping or bumping rights (layoffs)

displacement of an employee by another empoyee who has more seniority and would otherwise be laid off

Recalls

employees who have been laid off will be recalled to work in order of seniority



Sufficient ability clause (seniority during job vacancies)

provision that the employee with most seniority is awareded a job if they have enough ability



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



Hybrid seniority (seniority during job vacancies)

provision that combines sufficient and relative

Health and Safety Article

- legislation


- employer and employee obligations


- Canadian center of occupational health and safety


- JHSC


- Additional provisions

Wages Article

- Rates and increase


- No Job classification changes


- Additional allowances





Cost of living allowance

provisions that provide and increase in pay for employees based on a formula linked to inflation

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

Hours of work and scheduling

- shift length


- min. number of hours


- lunch breaks


- shift change notice


- additional pay (meals etc.)

Overtime

- Restrictions


- definition


-distribution


- additional compensation


- remedy for errors

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.

Technological change

- protection against job loss


- period of notice


- job guarantees


- retraining


- preference in future openings

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

Union business

- info to the employees (communication boards)




- office space for steward


- meetings during work hours


- grievance investigation during work hours

Bargaining structure

number of unions, employers, and estalishments involved in contract negitiations

two most common bargaining structures

single employer, single establishment, and single union




single employer, multiple establishments, single union

Centralized bargaining

negotiations that cover more than one location, bargaining unit, or employer

industry bargaining

centralized structure in which one negotiation covers all employees in an industry

decentralized bargaining

negotiations between one employer and one union for one location (most common in canada)

significance of bargaining structure

- affects negotiation process, contract terms, strikes and lockouts, and management relationship


- whipsawing

Whipsawing

establishing an agreement with one party and then using the agreement to pressure others

informal bargaining structure

- factors in bargaining situation that produce results and behaviours associated with more centralized bargaining

pattern bargaining

- part of informal


- union negotiates an agreement with one employer and then attempts to have it copied with other employers

sub-processes in negotiation

1. distributive


2. integrative


3. attitudinal


4. intraorganizational

Distributive bargaining

limited resources are divided between parties



integrative bargaining

parties objectives are not in conflict and joint gain is possible



attitudinal bargaining

parties' relationship and what they do to change it

intraorganizational bargaining

activities within each side to be a consensus

union-management relationship types

1. conflict


2. containment-aggression


3. accomodation


4. cooperative


5. collusion

conflict type

employer opposes the unions representation of employees only deals with the union as required by law

containment type

employer contains or minimizes the unions impact in bargaining

accomodation

each party recongizes the legitmacy of the other and there is moderate respect

cooperative

parties completely accept eachothers legitimacy and are willing to collaborate

collusion

coalition between union and employer to prusue common goals and practices that may be illegal

negotiation process

1. notice to bargain - results in statutory freeze


2. bargaining teams selected


3. prep of demands


4. meetings


5. conciliation/mediation

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

non-monetary issues

issues that do not involve direct financial cost

monetary issues

issues that involve cost

duty to bargain in good faith

both union and employer must make reasonable efforts to each agreement

hard bargaining

legitimate attempt to obtain a favorable agreement

surface bargaining

aimed at avoiding agreement

first contract arbitration

provides for the imposition of an agreement where efforts to reach a first contract have failed

strategies in distributive bargaining

-try and find the other party's resistance point

resistance point

negotiating party's bottom line - least favorable offer they will accept



target point

result the party hopes to achieve

initial position

party's first offer or demand in negotiation

ratification vote

when employees approve or reject negotiation agreement

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

grievance rate

rate of grievance filed divided by the number of employees in bargaining unit

ownership of grievance

refers to the issue of who decided whether grievance is filed, settled, or withdrawn or arbitrated

privileged communications

discussions that cannot be referred to at arbitration hearing

without prejudice

label identifying documents that cannot be referred to at the susequent arbitration hearing

waiver

Legal concept meaning acceptance of the rule that if a party does not object to a error it cannot raise the issue later

minutes of settlement

document that sets out the terms of an agreement to resolve grievances

without precedent

basis for settlement that means it cannot be referred to in any subsequent hearing

rights arbitration

resolution of a dispute relating to the administration of a collective agreement

interest arbitration

refers to the determination of the terms in a collective agreement

agreed statement of facts

matters that both parties have agreed on

burden of proof

refers to who must prove the facts in dispute

argument in the alternative

refers to a party making an argument it wishes the arbitrator to accept if its primary argument is not accepted

arbitratability

whether an arbitrator has authority to hear a dispute

Remedies of arbitration

1. order reduction of discipline


2. declaration that a party violated agreement


3. order payment of damages for financial loss

culminating incident

if employee has been guilty of misconduct the employer is allowed to take into consideration the employees previous record in determining penalty

possible disciplines

written warning


suspension (w/o pay)


demotion


dismissal

progressive discipline

means an employer provides lesser penalty for a first offence and applies more severe for second plus

Discipline restrictions

- cannot impose fines but can force compensation for damages


- cannot lessen seniority



last chance agreement

employee guilty of misconduct will be reinstated if subject conditions have been met

constructive layoffs

reduction of hours for employees

culpable absenteeism

employee is at fault or blameworthy conduct

innocent absenteeism

no control for being absent from work

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

duty of fair representation

prohibits the union from acting in a manner that is arbitrary, discriminatory or in bad faith

expediated artbitration

faster resoultion of disputes by providing shorter time limits

grievance mediation

confidential process in which mediator helps the parties negotiate to settle grievance

problems with arbitration

1. expatiated arbitration


2. grievance mediation

Types of third party assistance

conciliation


mediation


arbitration


mediation-arbitration

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

conciliation officer

ministry representative who attemps to assist parties to reach agreement

coniliation board

3 person panel that hears both sides and assists in settlement

cooling off period

time the parties must wait after conciliation before they can strike

no board report

confirms that a conciliation board will not be appointed and begins countdown to strike

mediation

attempts to assist the parties to reach agreement




roles vary in jurisdictions




Canada - conciliation may be required

fact-finding

process found in some private and public section labour relation statuses

chilling affect

parties unwillingness to make concessions during negotiation

narcotic effect

parties losing the capability to negotiate their own agreement

final offer selection

type of arbitration in which arbitrator chooses b/w the union and employers officers

total package final offer

when the arbitrator selects ALL the unions or employers officer

it-by-item final offer selection

when arbitrator choose b/w union and employer and offers separately for each contract issue

first contract arbitration

used to resolve issues in first disagreeance b/w parties

second or subsequent contract arbitration

policy option, that allows either of the parties to apply to the board for settlement




adopted in manitoba

mediation-arbitration

when 3rd party first acts as mediator and if no agreement is made they act as arbitrator to settle the dispute

final offer vote

when employer may request final offer vote or the minister directs a vote

back to work legislation

ends a strike of lockout and usually imposes arbitration

work to rule

campaign is a work slowdown carried out by strictly adhering to work rules and the collective agreement

rotating strikes

when employees at different locations alternately stop working

wildcat strike

illegal strike that has not been authorized by union

lockout

employer closes jobs in bargaining unit

hot cargo clause

allows employees to refuse work with goods associated with an employer engaged in a labour dspute

strike pay

money paid by union to workers on strike

picketing

cannot obstruct entry or intimidate

secondary picketing

picketing at a location other than workplace




in 2002 this was ruled illegal

public sector

all persons employed directly by local, provincial and federal governments


- majority union

replication principle

holds that an arbitration award should reflect the agreement that the parties would have reached in negotiation

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

effects of unionization

compensation


productivity


profitability


investments


recruiting and selection


employment


training


managerial control and decision making

threat effect

upward pressure on non union wages caused by the possibility that employees may unionize

crowding effect

downward pressure on non union wages caused by an increase supply of labor in non union sector

tayloristic work principles

include the seperation of management and work activities, and increasing efficiency through specialization

job control unionism

emphasizes protection of jobs by controlling management and entails adversarial relationship

best practices in employee communication

1. conduct audit


2. create outlets for ee communication to management


3. have leaders interact with ee

staff recognition programs

encourage greater levels of discretionary efforts by employees




for example: milestones, awards, recognition

quality circcles

groups of ee who investigate problems related to quality and make recommendations

problem solving groups

teams that consider issues and develop recommendations

employee management committees

ongoing group of ee and management

self directed or self managing work teams

groups of ee who take on functions previously performed by managment

co-determination

system in which management shares decision making authority with union




example: magna's fairness agreement

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