Industrial And Labour Relations

Front 1

Seniority

Back 1

Employee length of service with an employer

Front 2

two uses of seniority: who prefers what

Back 2

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

Front 3

Super-seniority

Back 3

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

Front 4

Recall period

Back 4

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

Front 5

Deemed termination

Back 5

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

Front 6

Bumping or bumping rights (layoffs)

Back 6

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

Front 7

Recalls

Back 7

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

Front 8

Sufficient ability clause (seniority during job vacancies)

Back 8

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

Front 9

Relative or competitive ability clause (seniority during job vacancies)

Back 9

provision that seniority will only be referred to if the skill and ability of two employees competing for a job are relatively equal

Front 10

Hybrid seniority (seniority during job vacancies)

Back 10

provision that combines sufficient and relative

Front 11

Health and Safety Article

Back 11

- legislation

- employer and employee obligations

- Canadian center of occupational health and safety

- JHSC

- Additional provisions

Front 12

Wages Article

Back 12

- Rates and increase

- No Job classification changes

- Additional allowances

Front 13

Cost of living allowance

Back 13

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

Front 14

Benefits Article

Back 14

- 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

Front 15

Hours of work and scheduling

Back 15

- shift length

- min. number of hours

- lunch breaks

- shift change notice

- additional pay (meals etc.)

Front 16

Overtime

Back 16

- Restrictions

- definition

-distribution

- additional compensation

- remedy for errors

Front 17

Remedy for errors

Back 17

- 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.

Front 18

Technological change

Back 18

- protection against job loss

- period of notice

- job guarantees

- retraining

- preference in future openings

Front 19

Leave

Back 19

- 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

Front 20

Union business

Back 20

- info to the employees (communication boards)

- office space for steward

- meetings during work hours

- grievance investigation during work hours

Front 21

Bargaining structure

Back 21

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

Front 22

two most common bargaining structures

Back 22

single employer, single establishment, and single union

single employer, multiple establishments, single union

Front 23

Centralized bargaining

Back 23

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

Front 24

industry bargaining

Back 24

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

Front 25

decentralized bargaining

Back 25

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

Front 26

significance of bargaining structure

Back 26

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

- whipsawing

Front 27

Whipsawing

Back 27

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

Front 28

informal bargaining structure

Back 28

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

Front 29

pattern bargaining

Back 29

- part of informal

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

Front 30

sub-processes in negotiation

Back 30

1. distributive

2. integrative

3. attitudinal

4. intraorganizational

Front 31

Distributive bargaining

Back 31

limited resources are divided between parties

Front 32

integrative bargaining

Back 32

parties objectives are not in conflict and joint gain is possible

Front 33

attitudinal bargaining

Back 33

parties' relationship and what they do to change it

Front 34

intraorganizational bargaining

Back 34

activities within each side to be a consensus

Front 35

union-management relationship types

Back 35

1. conflict

2. containment-aggression

3. accomodation

4. cooperative

5. collusion

Front 36

conflict type

Back 36

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

Front 37

containment type

Back 37

employer contains or minimizes the unions impact in bargaining

Front 38

accomodation

Back 38

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

Front 39

cooperative

Back 39

parties completely accept eachothers legitimacy and are willing to collaborate

Front 40

collusion

Back 40

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

Front 41

negotiation process

Back 41

1. notice to bargain - results in statutory freeze

2. bargaining teams selected

3. prep of demands

4. meetings

5. conciliation/mediation

Front 42

stages of negotiation

Back 42

1. establishing negotiation range: sides explain their concerns

2. search phase: longest phase

3. crisis phase: strike or lockoout, forced to make final decisions

Front 43

non-monetary issues

Back 43

issues that do not involve direct financial cost

Front 44

monetary issues

Back 44

issues that involve cost

Front 45

duty to bargain in good faith

Back 45

both union and employer must make reasonable efforts to each agreement

Front 46

hard bargaining

Back 46

legitimate attempt to obtain a favorable agreement

Front 47

surface bargaining

Back 47

aimed at avoiding agreement

Front 48

first contract arbitration

Back 48

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

Front 49

strategies in distributive bargaining

Back 49

-try and find the other party's resistance point

Front 50

resistance point

Back 50

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

Front 51

target point

Back 51

result the party hopes to achieve

Front 52

initial position

Back 52

party's first offer or demand in negotiation

Front 53

ratification vote

Back 53

when employees approve or reject negotiation agreement

Front 54

interest-based bargaining and the principles

Back 54

- 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

Front 55

grievance rate

Back 55

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

Front 56

ownership of grievance

Back 56

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

Front 57

privileged communications

Back 57

discussions that cannot be referred to at arbitration hearing

Front 58

without prejudice

Back 58

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

Front 59

waiver

Back 59

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

Front 60

minutes of settlement

Back 60

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

Front 61

without precedent

Back 61

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

Front 62

rights arbitration

Back 62

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

Front 63

interest arbitration

Back 63

refers to the determination of the terms in a collective agreement

Front 64

agreed statement of facts

Back 64

matters that both parties have agreed on

Front 65

burden of proof

Back 65

refers to who must prove the facts in dispute

Front 66

argument in the alternative

Back 66

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

Front 67

arbitratability

Back 67

whether an arbitrator has authority to hear a dispute

Front 68

Remedies of arbitration

Back 68

1. order reduction of discipline

2. declaration that a party violated agreement

3. order payment of damages for financial loss

Front 69

culminating incident

Back 69

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

Front 70

possible disciplines

Back 70

written warning

suspension (w/o pay)

demotion

dismissal

Front 71

progressive discipline

Back 71

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

Front 72

Discipline restrictions

Back 72

- cannot impose fines but can force compensation for damages

- cannot lessen seniority

Front 73

last chance agreement

Back 73

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

Front 74

constructive layoffs

Back 74

reduction of hours for employees

Front 75

culpable absenteeism

Back 75

employee is at fault or blameworthy conduct

Front 76

innocent absenteeism

Back 76

no control for being absent from work

Front 77

when can an employer terminate for innocent absenteeism

Back 77

1. past absence has been significantly greater than in bargaining unit

2. no likelihood of attendance improving

3. employer has accommodated past undue hardship

Front 78

duty of fair representation

Back 78

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

Front 79

expediated artbitration

Back 79

faster resoultion of disputes by providing shorter time limits

Front 80

grievance mediation

Back 80

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

Front 81

problems with arbitration

Back 81

1. expatiated arbitration

2. grievance mediation

Front 82

Types of third party assistance

Back 82

conciliation

mediation

arbitration

mediation-arbitration

Front 83

conciliation

Back 83

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

Front 84

conciliation officer

Back 84

ministry representative who attemps to assist parties to reach agreement

Front 85

coniliation board

Back 85

3 person panel that hears both sides and assists in settlement

Front 86

cooling off period

Back 86

time the parties must wait after conciliation before they can strike

Front 87

no board report

Back 87

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

Front 88

mediation

Back 88

attempts to assist the parties to reach agreement

roles vary in jurisdictions

Canada - conciliation may be required

Front 89

fact-finding

Back 89

process found in some private and public section labour relation statuses

Front 90

chilling affect

Back 90

parties unwillingness to make concessions during negotiation

Front 91

narcotic effect

Back 91

parties losing the capability to negotiate their own agreement

Front 92

final offer selection

Back 92

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

Front 93

total package final offer

Back 93

when the arbitrator selects ALL the unions or employers officer

Front 94

it-by-item final offer selection

Back 94

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

Front 95

first contract arbitration

Back 95

used to resolve issues in first disagreeance b/w parties

Front 96

second or subsequent contract arbitration

Back 96

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

adopted in manitoba

Front 97

mediation-arbitration

Back 97

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

Front 98

final offer vote

Back 98

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

Front 99

back to work legislation

Back 99

ends a strike of lockout and usually imposes arbitration

Front 100

work to rule

Back 100

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

Front 101

rotating strikes

Back 101

when employees at different locations alternately stop working

Front 102

wildcat strike

Back 102

illegal strike that has not been authorized by union

Front 103

lockout

Back 103

employer closes jobs in bargaining unit

Front 104

hot cargo clause

Back 104

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

Front 105

strike pay

Back 105

money paid by union to workers on strike

Front 106

picketing

Back 106

cannot obstruct entry or intimidate

Front 107

secondary picketing

Back 107

picketing at a location other than workplace

in 2002 this was ruled illegal

Front 108

public sector

Back 108

all persons employed directly by local, provincial and federal governments

- majority union

Front 109

replication principle

Back 109

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

Front 110

designated or controlled strike model

Back 110

when ee has the right to strike but a specified number of ees must continue to work to provide essential services to the public

Front 111

effects of unionization

Back 111

compensation

productivity

profitability

investments

recruiting and selection

employment

training

managerial control and decision making

Front 112

threat effect

Back 112

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

Front 113

crowding effect

Back 113

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

Front 114

tayloristic work principles

Back 114

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

Front 115

job control unionism

Back 115

emphasizes protection of jobs by controlling management and entails adversarial relationship

Front 116

best practices in employee communication

Back 116

1. conduct audit

2. create outlets for ee communication to management

3. have leaders interact with ee

Front 117

staff recognition programs

Back 117

encourage greater levels of discretionary efforts by employees

for example: milestones, awards, recognition

Front 118

quality circcles

Back 118

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

Front 119

problem solving groups

Back 119

teams that consider issues and develop recommendations

Front 120

employee management committees

Back 120

ongoing group of ee and management

Front 121

self directed or self managing work teams

Back 121

groups of ee who take on functions previously performed by managment

Front 122

co-determination

Back 122

system in which management shares decision making authority with union

example: magna's fairness agreement

Front 123

due process

Back 123

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