IDRL 312 Conflict and Accommodation / Lesson Objectives
What are some of the key changes in the organization of work that appear necessary to implement HRM in the workplace?
... discussion suggests that HRM and the high-performance workplace do not represent a break with traditional methods of managing employees. Rather, they are an extension of the employers' traditional control imperative, dressed up to be palatable to workers. This reflects the fact that the basic dynamics of capitalism and employment within a capitalist economy are unchanged and they create significant pressure on employers to organize work in a manner that maximizes profits. Meanwhile, workers continue to act in ways that advance their own interests. Key Changes in the organization include; Globalization, Technology, and the changing Labour Market.
What are the major categories (or types) of contract clauses in a collective agreement and what is the primary purpose of each?
...A collective agreement can contain many clauses (or articles) that set out different rights and obligations. These myriad clauses can be thematically grouped into four main sets of rights: 1.Control of conflict and union-management relations. These clauses balance the right to manage and the right to union security. They also contain provisions for resolving conflict over interpretations of the agreement. 2.Wage-effort bargain. These clauses balance the employer's right to make use of the employees' capacity to work (measured in time) with the employees' right to be fairly remunerated for the work (measured in money). 3.Control of jobs. These clauses balance management's right to flexibility and the employees' right to job security. They include layoff provisions and seniority. 4.Control of work behaviour and environment. These clauses balance management's right to expect a certain standard of work behaviour and performance with the employees' right to be treated fairly. These expectations are often expressed in the notion of "just cause" for discipline.
What actions are considered bargaining in bad faith in Canada?
...An allegation that one of the parties to the negotiation has deliberately breached its obligation to sincerely attempt to reach a collective agreement.
What are the underlying public policy objectives served by labour relations legislation?
...At its core, labour law in Canada seeks to maintain economic and social stability. It can be seen as a compromise designed to contain conflict between employers and employees. It does this by meeting four policy objectives that can be discerned by examining labour laws in all Canadian jurisdictions: 1.Employees can choose to be represented by a union free from undue influence. 2.Unions can engage employers in meaningful collective bargaining. 3.Employers and unions can apply meaningful sanctions in pursuit of bargaining objectives. 4.Stakeholders participate in the system.
What are the functions of local unions and what are the key positions within them?
...At the local level, we see the day-to-day role of unions in bargaining, settling grievances, and creating a social and political space for worker activists. The local union carries out three major functions: Dealing with workplace problems or grievances Collective bargaining Political or social activity
What is the structure of Canada's labour movement?
...At the local level, we see the day-to-day role of unions in bargaining, settling grievances, and creating a social and political space for worker activists. The parent union offers support to the local through legal and bargaining advice, education, and pooling of financial resources (such as strike funds). Councils and federations provide a more political and community-activist function for the labour movement. Thus, the labour movement is well structured to ensure both direct connection between workers and their union representatives (shop stewards) and the necessary pooling of scarcer resources among larger numbers of workers.
What is voluntarism and how does it explain the "hands-off" approach governments take to collective bargaining?
...Collective bargaining can be viewed as a private law-making process. Often, the government leaves the parties to fashion a collective agreement within the broad requirements of labour and other employment laws. This arrangement includes giving them the freedom to not reach agreement and resort to economic pressure through a strike or lockout (see Lesson 15). Consequently, the legal framework of labour relations emphasizes negotiated outcomes and limits only behaviour that would create an uneven playing field. And, just as voluntarism suggests that the state remain in the background during the negotiation of a collective agreement, voluntarism also puts the onus on the parties involved to resolve differences over the interpretation of a collective agreement. This has resulted in a system of grievance arbitration controlled by the parties (see Lesson 14).
What is the basic logic underlying trade unions?
...Collectivism. The power of trade unions comes from being able to act as a group, such as ensuring that no one crosses the picket line during a strike and that everyone abides by the terms of a collective agreement.
What is the common law and why is it important?
...Common law is the law which has been developed in the courts by precedent. It is important because it is based on prior cases and sets new precedents all the time.
How does radicalism advocate resolving this conflict?
...Conflict is therefore seen as inevitable and trade unions are a natural response of workers to their exploitation by capital. Whilst there may be periods of acquiescence, the Marxist view would be that institutions of joint regulation would enhance rather than limit management's position as they presume the continuation of capitalism rather than challenge it.
For the purposes of industrial relations, what is a theory?
...Everyone uses theory to understand the world and help make decisions. Consequently, it is useful to have a good theory. By a "good" theory, we don't mean the "right" theory (as there are many legitimate world views), but rather a theory that reasonably explains how the world works and that can help us make reasonably accurate predictions about what might happen when we choose to act in a particular way. It is also useful to understand the theories other people use. By understanding what underlies their thinking (and what their expectations are), we can often clarify (and sometimes resolve) disputes.
What are the basic steps in an organizing drive, and what factors are most important in determining its success?
...First, workers must want to be represented by a union. There are many drivers that lead workers to desire unionization, but the wish to join a union is distinct from the process required to successfully organize a union in a workplace. We need to look at both sides of the so-called "unionization decision."
Is globalization a result of the "invisible hand" and, therefore, an unavoidable, self-regulating process? Or is the inevitability of globalization a myth propagated and legitimized by those who stand to reap the rewards and those who wish to obscure the political agendas behind it?
...In economics, the invisible hand is a metaphor used by Adam Smith to describe unintended social benefits resulting from individual actions. The phrase is employed by Smith with respect to income distribution (1759) and production (1776). The exact phrase is used just three times in Smith's writings, but has come to capture his notion that individuals' efforts to pursue their own interest may frequently benefit society more than if their actions were directly intending to benefit society.
Who are precarious workers and how is their employment precarious?
...Precarious work is non-standard employment that is poorly paid, insecure, unprotected, and cannot support a household. In recent decades there has been a dramatic increase in precarious work due to such factors as globalization, the shift from the manufacturing sector to the service sector, and the spread of information technology. These changes have created a new economy which demands flexibility in the workplace and, as a result, caused the decline of the standard employment relationship and a dramatic increase in precarious work. An important aspect of precarious work is its gendered nature, as women are continuously over-represented in this type of work.
In what ways might the lives of precarious workers be improved? How would employers and employees react to your idea? And why would they react this way?
...Precarious workers could have their hours increased, training and skill development provided, wages increased, benefits given. This would improve their condition. Employers would react negatively because they need precarious workers to provide cheap labour. Employees would love it because they could better support themselves. Employers would make less money. Employees would make more money.
What is bargaining power? And what factors influence it?
...Several factors normally affect bargaining power. Public opinion and the legal environment are crucial. A drawn-out strike often results in significant pressure on a government to intervene. This often undermines the bargaining power of the union because it must either accept a deal or risk being legislated back to work. Economic conditions can also play a factor. A hot economy (in which labour is in short supply) may limit the ability of employers to hold wages down. Bargaining preferences (especially where they align with divisions within the organization), the nature of the industry, and past history can also impact bargaining power.
What goals do trade unions have? And how might these goals cause conflict between a union and its members?
...Survival. The most basic goal of any union is survival. Unions are not permanent; a union can be decertified by its members, broken by an employer, or legislated out of existence by government. Defending and sustaining the union can become an organizational goal, at the expense of other goals. •Substantive Goals. Lesson 9 asserted that the raison d'être of a union is to protect and advance the interests of individuals through the strength of combination. This is a difficult task and demands most of any union's resources. This expectation and associated costs partially explain why unions do not challenge the status quo. Over time, unions learn that some demands can be met and others cannot. As a result, they stop "wasting time" on futile goals and accept a certain structure of opportunities until some change makes it necessary or possible to revisit the fundamental goals of the union. •Procedural Goals. Workers pursue procedural goals because control of the rules of the game lets them influence its outcome. Since many of these decisions are made outside the workplace in the wider political arena, political involvement becomes a logical extension of workers' defence of their economic interests. This partially explains the continuing link between the trade union movement and political parties—in Canada's case, the New Democratic Party (NDP).
What is the incorporation thesis? And how does it relate to the central paradox of trade unions?
...The incorporation thesis asserts that, as bargaining partners, management and unions have a vested interested in each other's survival. Management supports the union by agreeing to union security provisions (e.g., automatic dues check-offs) and the union supports management by agreeing to a management's rights clause, thereby guaranteeing management's control over production.
How do parent unions, labour councils, and federations relate to local unions? How do their functions differ?
...The parent union offers support to the local through legal and bargaining advice, education, and pooling of financial resources (such as strike funds). Councils and federations provide a more political and community-activist function for the labour movement.
What are substantive and procedural rights and how do they interact?
...The rights that collective agreements confer can be broadly divided into substantive and procedural rights. Substantive rights tend to focus on the terms and conditions of employment (e.g., wages, benefits). Procedural rights give effect to substantive rights and curtail the ability of management to act unilaterally.
What is the most common bargaining structure in Canada? What other structures are possible?
...The simplest and most common bargaining structure is "single unit-single employer," but more complex structures are possible Groups of employers or unions may bargain as a single entity - this helps avoid pattern bargaining or whipsawing where a union uses an agreement with one employer to pressure others to do the same
How do principle-based and positional bargaining differ?
...The traditional image of collective bargaining is one of confrontation (civil or otherwise). Typically, each side adopts a position and tries to deviate from it as little as possible while pressuring the other side to make concessions. This positional approach is often termed distributive or zero-sum bargaining. It presupposes that there is a fixed amount of resources (typically money) available and that management (seeking profit) and employees (seeking wage increases) try to get as much of it as possible for themselves, at the expense of the other side. McQuarrie discusses a popular alternative, often called principle-based, interest-based, or mutual gains bargaining. The nub of this approach is that parties can often each meet their own goals in bargaining without necessarily doing so at the expense of the other side. That is to say, the interests of management and unions are not necessarily always in direct opposition. This approach generates some skepticism among practitioners who note that this approach can break down when bargaining comes down to issues of money and a more traditional (positional) approach then reasserts itself. Often, interest-based bargaining is seen as more desirable for the party who holds greater bargaining power, and less desirable for the party at a disadvantage. Consequently, calls for interest-based bargaining are sometimes a way to entrench power dynamics, rather than equalize them.
What are the three or four core beliefs of the radical perspective?
...This view of industrial relations looks at the nature of the capitalist society, where there is a fundamental division of interest between capital and labour, and sees workplace relations against this background. This perspective sees inequalities of power and economic wealth as having their roots in the nature of the capitalist economic system.
How does theory impact the day-to-day practice of industrial relations?
...We also use theory in our everyday lives to understand the world and make decisions.
How have workers reacted when wage levels have not met their expectations? And how have employers and the state responded?
...Workers have responded by organizing and removing their labour either through strikes or resignations, employers responded by banding together to fight the employees, and the state has responded by officially recognizing the organized employees. Typically, the state has let the parties resolve the conflict among themselves. Some laud this apparent neutrality on the part of the state. A more critical perspective suggests that non-involvement is, in fact, simply the state's choosing to accept the outcome of the existing balance of power—a balance that has historically favoured the employer (Hyman, 1989). conflict between workers and employers that represent common flashpoints in the employment relationship. Safe workplaces, hours of work, and wage levels all centre on the differing interests of workers and employers. These examples were chosen also because they are areas of recurring conflict that the state has since decided to manage by institutionalizing the conflict (i.e., by passing laws and creating government agencies to administer them).
Do you agree with the reasons that legislatures have intervened in the labour market by creating the floor of rights? Why or why not?
...Yes I agree because the rights of employees need to be protected and if employers were left to their own devices those rights would not be protected.
Is it correct to say that the basic dynamics of employment create an incentive for employers to offload production costs to workers through unsafe working conditions?
...employers have continued to place the pursuit of profit ahead of the health and safety of workers. This is consistent with the profit imperative of capitalism. Storey & Lewchuk examine a 1980 case of workers being exposed to asbestos (which causes incurable lung disease) and a corporation's reaction to it.
How is employment a social, as well as an economic, relationship?
...employment is not only an economic relationship but also a social one. Specifically, by accepting employment, workers are accepting managerial authority and agreeing to comply with managerial rules and direction
What are the four types of factors that shape worker support for a union?
...the reasons for joining a union are complex, involving a mixture of personal, workplace, economic, and social factors. A worker needs to have a pre-disposed opinion favourable to unions, specific workplace conditions that trigger union desire must be present, and the economic and political context must allow for the effective expression of the desire.
What major industrial shift has occurred in the Canadian economy? And what implications does this have for workers?
...the shift in Canada's economy away from resource extraction and manufacturing toward the service industry.
What are the purpose and role of an arbitrator?
Arbitration is a method of dispute resolution where a neutral third party hears from both sides and then decides an issue. An arbitrator's decision is binding on the parties. There are two main types of arbitration
Why do individuals join unions?
At the most basic level, unions are a way for employees to exert power. Workers have often responded to the power advantage of employers by combining their own power through unionization
How are disputes about the interpretation or application of the collective agreement resolved? What are the shortcomings of this mechanism?
Disagreements often arise over how the contract is to be interpreted in particular circumstances, and sometimes substantive or procedural rights are blatantly ignored. These disputes about the meaning or application of the agreement are resolved through the grievance procedure. This means that, in many ways, the grievance procedure is the most important procedural right of all. Rarely is the wording in a collective agreement so tight and precise as to preclude conflicting interpretations as it is here.
What are the common law duties and obligations of employers and employees?
Employer; • Work and Remuneration (Consideration) • Notice of Termination (Security)) • A Safe Worksite (Safety) Employee; • Obligations of Good Faith and Fidelity (Trustworthiness) • The Duty to Obey (Obedience) • The obligation to perform work competently (Competence) • The requirement to provide resignation notice. (Courteousness)
What sorts of challenges and tasks face employers when trying to turn the capacity to work into actual work?
Employers face three main tasks when utilizing employees' capacity to work: - defining the nature of the job - matching the employee to the job - regulating the performance and behaviour of the employee on the job These tasks suggest that purchasing labour is a bit more complex than just bargaining about the wage rate. There is a second bargain struck (most often implicitly) about the exercise of the capacity to work: the wage-effort bargain. The wage-effort bargain relates to how hard and productively the employees are going to work, given the terms and conditions of their employment contract. This is a far more intangible and problematic bargain, one that preoccupies managers and employees on a daily basis.
How successful has HRM been at developing a high-performance workplace?
Essentially, Godard suggests that the relationship of power and the potential for exploitation that underlies the employment relationship may frustrate attempts to establish the trust and commitment necessary for a high-performance workplace to operate.
Why were factories introduced?
Factories were introduced to perform the work at it's broken down level. "He organized the redesign of the entire factory by removing control over operations from foremen and placing this control in a centralized planning department to be staffed with engineers. The planning department prepared detailed instructions about the machines and methods to be used and how long the job should take. Using sets of instruction cards (route slips) and reports, the planning department was able to produce a overall picture of the flow of parts in the plant--this activity was the beginning of formalized routing and scheduling in the factory."
In what way did Fordism extend Taylorism? And how did this affect workers?
Fordism extended Taylorism in that it introduced the assembly line process which increased the speed at which the broken down tasks could be completed and in order. "After 1918, however, the goal of Taylorist labor efficiency thought in Europe moved to "Fordism", that is, reorganization of the entire productive process by means of the moving assembly line, standardization, and the mass market. The grand appeal of Fordism in Europe was that it promised to sweep away all the archaic residues of pre-capitalist society by subordinating the economy, society and even human personality to the strict criteria of technical rationality"
How has economic globalization affected Canadian workers?
Globalization has put a higher premium on workplace practices that support flexibility and adaptability, such as multi-skilling, teamwork, and pay-for-performance schemes. There is also evidence that globalization has contributed to a reduction in wage differentials across countries for labour of similar skill, but has (along with technological change) led to an increase in wage inequality between lower and higher skill levels within high-wage countries.
What is the concept of "bargaining in good faith," and why is it important?
Good-faith bargaining generally refers to the duty of the parties to meet and negotiate at reasonable times with willingness to reach agreement on matters within the scope of representation; however, neither party is required to make a concession or agree to any proposal. Good faith bargaining requires employers and unions involved in collective bargaining to: ◾ use their best endeavours to agree to an effective bargaining process ◾ meet and consider and respond to proposals made by each other ◾ respect the role of the other's representative by not seeking to bargain directly with those for whom the representative acts ◾ not do anything to undermine the bargaining process or the authority of the other's representative.
How is the Quebec labour movement different from movements in the rest of Canada?
In Quebec, at the end of the decade, unions gained strength because of the influence of the Catholic Church In 1921, so-called Catholic unions formed the Confédération des travailleurs catholiques du Canada (CTCC) The CTCC was involved in several high profile strikes, at least one of which (1949) ended well for mineworkers when they were successful in having their demands met In 1961, it became the Confédération des syndicats nationaux (CSN), which still exists today Quebec Federation of Labour (French acronym FTQ) Largest centralized labour federation in Quebec Affiliated with the CLC, but the relationship is structured differently than other labour federations Centrale des syndicats du Québec (CSQ) It is a 'federation of federations' with 250 unions Most members are in education so collective agreement negotiating is a major function Its direction as an association is achieved through voting at a general congress
Why are unions and employers reluctant to enter into interest arbitration?
Interest arbitration is used to settle a collective agreement (instead of resorting to a strike and lockout).
How do intra- and interorganizational bargaining contribute to the bargaining process?
Intra-organizational Bargaining involves internal relationships within organizations Two main types of internal conflict appear during this sub-process: Role conflict: occurs because of conflicting expectations of each side's negotiator Factional conflict: develops within an organization when different groups have conflicting demands; results in disagreement within the organization over bargaining goals and priorities
What are labour and capital? And how do their interests converge and conflict in the employment relationship?
Labour is the portion of the population that trades their services and skills for monetary compensation and Capital refers to the Capitalists that own the enterprise that capitalizes and earns a profit from the the labour. Their interests converge in the employment relationship in that they have a symbiotic relationship whereas they need each other to survive, both providing something that the other needs. The conflict lies in the fact that they have interests that conflict with one another. The Labour is interested in maximizing the price it receives for the work, i.e. Wages, while the Capitalists interest lies in earning profits off of the labour, and in order to increase those profits, it requires obtaining the labour for the lowest price possible with all factors in the market considered. Therefore, there is a conflict of interests between both parties that need to be addressed through Industrial Relations. In order for both parties to achieve what they both need and balance achieved, there needs to be accommodation by both sides.
What activities does labour relations legislation typically regulate?
Most labour codes in Canada outline a set of guidelines for employer and union behaviour An employer cannot participate in or interfere with the formation, selection, or administration of a trade union An employer is free to express views against a union as long as it does not use coercion, intimidation, threats, promises, or undue influence Employers' views will be examined in terms of context, perception, and content If employees are fired or disciplined, employers may have to prove that the action was justified A labour relations board will look at whether the employer's action resulted from an anti-union animus In some jurisdictions, anti-union animus is enough to support a declaration of an unfair labour practice A reverse onus applies in most Canadian jurisdictions which means that employers must prove that they did not have anti-union animus rather than unions proving that they did have it An employer might be found to have committed an unfair labour practice if its action had the effect of influencing employees' behaviour, even if that was not the employer's intent
How have employers changed the organization of work over time, and why?
Over time employers in an effort to increase profitability have changed the way that work is organized. The first changes occurred during the industrial revolution and involved shifting the control of the work from the worker to the employer. This concept continued throughout history and became more and more widespread and broken down. Workers no longer needed to possess the skills to do the entire job, but rather smaller portions of the job. This has resulted in workers having less power to negotiate their wages based on skills and the employer having complete control of the work. The worker control over the work was slowly broken down over time. The Putting-out System was one of the last places that workers actually had some control over the work by being subcontracted to do the entire job. The Putting-out System was then followed by the Factory System, Taylorism and Fordism; all of which left the worker with very little control over the means of production. In the Factory System machines were introduced and work was broken down into parts and labour and tasks were divided. Taylorism further broke work down and applied science to the process. Ford with his introduction of the assembly line broke work down into very minute tasks. Workers no longer were skilled outside of being able to perform a single task. The result was increased profitability and the control of the work resting entirely with the organization.
How do parties prepare for bargaining and set their priorities?
Pre-negotiation Stage Each side determines its priorities, goals and ultimate proposals for the upcoming negotiations; some proposals are considered essential, while others may be traded or "dropped off the table" once negotiations have begun It is common for the parties to discuss negotiating protocol and process at this stage
How does radicalism explain conflict between employers and employees?
Radicalism borrows much from pluralism since in both fundamental conflicts of interest between employees and employers are inherent. These conflicts arise from uneven distribution of wealth and income in capitalist society.
What legislation comprises the "floor of rights"?
Statutory human rights which cover all aspects of Humans in the workplace. The Floor of Rights consists of: Employment Standards Legislation Human Rights Legislation Occupational Health and Safety Legislation Worker's Compensation Legislation The Charter of Rights and Freedoms
How did Taylor undermine the power of skilled workers and why was his approach so effective?
Taylor with his introduction of Scientific Management broke work down into its smallest component and then had workers only responsible for the smallest task and not the entire process. This allowed Taylor to use unskilled labour to perform the broken down task. workers no longer had any power over the position because they had no skills to leverage.
How does Unitarism explain conflict between employers and employees?
The Core assumption of the Unitarist theory is that management and staff share the same objectives, interests and purposes; thus working together hand in hand towards shared mutual goals. The Unitarists believe that much of an organizations goals are established through effective communication between management and staff. Therefore the Unitarist also believes that the main source of conflict stems from miscommunication or lack of communication. The Unitarist explains conflict between employers and employees as an abnormality and is caused by several factors that are controllable by the employer.
What is the labour process? And how does it arise out of the challenges relating to the effective utilization of labour?
The Labour Process is the conversion of potential into actual work. The Labour process arises out of the challenges of the effective utilization of labour in that the employer must first define the nature of the job. Secondly, the employer must make sure the employee is a good match for the position. Thirdly, the employer must go about regulating the performance of the employee on the job and manage this performance to its maximum effect. Basically it's the establishment of the need, fulfilling the need, and ensuring and maintaining the result. It arises out of the challenges relating to the effective utilization of labour in that the labour costs money, so it must be used effectively. Selecting the right candidate that can perform the work is the first step. Taking the skills that person possesses and then measuring the utilization in the workforce through Key Performance Indicators.
What are some of the legal issues that a union must address if its application is to be successful?
The Workplace Notice The Representation Vote The Hearing
How might the basic dynamics of employment in a capitalist economy affect the operation and, indeed, the viability of HRM?
The basic dynamics of employment in a Capitalist economy centre on the employment relationship. Employers pay workers to help them achieve their Capitalist goals and workers use the employer to earn money to live. Each party trying to act in their own best interest. A capitalists venture must grow and be maintained and remain profitable and this cannot be done without people. Capitalists must constantly strive to improve their cost structure. Workers on the other hand are constantly trying to improve their compensation and rewards of work. The relationship is symbiotic and one cannot survive. This greatly affects the operation and viability of Human Resource Management. The role of HRM is to increase motivation and production from workers, dramatically improving the performance of the organization. Because the Capitalist strives to earn more money, HRM must strive to help them accomplish that by maximizing the production from employees, ensuring they are paid correctly and that the right number of people are staffed at all times to ensure profitability. HR becomes more and more viable in the Capitalists economy because labour is one of the largest expenses within an organization. HRM is affected by outside pressures that exists in the Capitalist economy for example, competition in the labour market. HR managers must develop strategies to make the workplace attractive to potential employees and retain them.
What is bargaining power and what influences it?
The classic definition of bargaining power is the measure of the ability of one side to secure the other side's agreement to its terms Environmental, socio-demographic, and organizational factors can affect the parties' bargaining power Factors affecting the employer's bargaining power include the size of its inventory, the structure of its operation, its competitiveness, whether the business is seasonal, whether it can operate during a strike, and its labour costs
How do these duties and obligations differ, and what do these differences tell us about the nature of the common law employment relationship?
The duties differ in that the employer's rights mostly represent the financial and mostly represent the employer's interests. The Employees rights and obligation focus around the needs of the employer as well. What it shows is that the balance of power appears to rest with the employer. Employees are focused on advancing the interests of the employer and gain no benefits from the work they do, with the exception of their wages. Employers are basically responsible to compensate the employee for wages. The common law uses the perspective of the Master Servant relationship, or Superior and Inferior. The common law aids employers in controlling the employee using the argument that the employer is assuming the risk to the capital of the business and has the right to control the way the work is done. The employer in the pursuit of profit may sacrifice the needs of the employee to gain what is necessary to achieve their financial goals.
What are the major steps in filing and resolving a grievance?
The first step is to file an actual complaint, orally or in writing, respecting the violation The person or party complaining is the grievor The grievor is expected to continue to work unless the grievance involves a situation of danger to the grievor There are time limits within which to respond, usually 10 to 14 days, and if the matter is not resolved it goes on to the next step The time limits can be waived by consent
What does economic globalization mean? How is it supposed to operate?
The globalization thesis posits that there is an ever-increasing integration of economic (as well as social and political) systems. Capital is increasingly becoming transnational. This means that, because of changes in technology and a harmonization of national trade policies, companies are now better able to operate in more than one country. This allows corporations to shift production sites around the world in order to minimize production costs (e.g., wages, environmental regulations).
What is a labour market and how does it work?
The labour market is a market in which workers look for paying work, employers find workers willing to work, and wage rates are determined. The way that a labour market works is all parties involved converge on one marketplace and negotiate wages based on factors such as supply and demand (on both sides), skills presented, talent, attraction, and need. The labour market is not an actual market but more of a concept. The labour market is influenced by such factors as region, demand for labour, short-term supply, occupations and industries. In Canada there are many labour markets that are distinctly divided and overlap. The most obvious types are geographical and occupational. Only a portion of the potential labour force actually participates in the labour market.
Does the large number of precarious workers raise any concerns for you about existing legislative provisions? Why or why not?
The large number of employees does worry me because there are currently no provisions in place by the govt to either get people out of this group or to support them should they lose their job.
What options (dispute resolution mechanisms) do parties have when they cannot reach a settlement through collective bargaining?
The main types of third-party intervention used in Canadian jurisdictions are: Conciliation Mediation Arbitration The use of these types of intervention may be voluntary or mandatory Less common types of third-party intervention: Mediation-arbitration Industrial inquiry commissions Dispute inquiry boards
What is post-Fordism? And do you see evidence of post-Fordism in the world around you?
The post-fordism economy came about after the 1973 oil crisis which brought the Japanese auto market into America. This move brought about a shift in production because it introduced new, flexible production methods like just-in-time production. In order to keep up with the global economy, there was move toward non-union labor and a more global market. This then produced outsourcing which caused a sharp decline of employment and a hollowing out of the middle class ie, an 'hourglass' economy
How have these changes affected workers? And how have the workers responded?
The primary focus of Taylorism is to control the worker by controlling the decisions that are made throughout the course of work. Taylorism benefits the capitalist as they are provided with yet another way to control the worker and increase production substantially without increasing wages comparably. These changes have affected workers by degrading the skills needed for the type of work where typically skilled labour ha been provided. Workers have become de-skilled and therefore have reduced value. workers have responded by Taylorism sees the knowledge that management takes from the workers to be property of management because it is management who provided for the systematic study of the labor process. The knowledge that is gained from the workers through the studies by management are then used by management to fulfill the Babbage Principle by deskilling the worker, increasing output, and lowering the costs of labor. It's been observed that most workers who are forced to perform repetitive tasks tend to work at the slowest rate that goes unpunished. They call this soldiering. The argument is that employees feel bad and try to organize. Scientific management lowered worker morale and exacerbated existing conflicts between labor and management. As a consequence, the method inadvertently strengthened labor unions and their bargaining power in labor disputes,[15] thereby neutralizing most or all of the benefit of any productivity gains it had achieved. Thus its net benefit to owners and management ended up as small or negative. It took new efforts, borrowing some ideas from scientific management but mixing them with others, to produce more productive formulas.
How have jobs changed over the past 50 years? Who has been advantaged by these changes and how?
The shift from Primary and Secondary work sectors to the Tertiary Work sector in Canada over the last century has had the following impact on the labour market. The labour market has changed in that there are more "knowledge workers" who are more educated and have skills use to create, produce and distribute information. The move away from Fordism has led employers to implement changes around flexibility. Changes can be seen in the types of jobs available and how those jobs are structured. With the Polarization of the labour market, jobs tend to fall into one of two categories; Upper Tier and Lower Tier. Upper Tier jobs tend to be distributive, business, education, and health and welfare services, and public administration. They are usually permanent, full time and high skill. Lower Tier jobs tend to be front line workers in retail and food/accommodation services and the jobs are usually part-time, temporary, low paying and non -unionized. There are less permanent full time jobs and more part-time, temporary and contract jobs now. Companies are reducing the number of people in their core work-force and increasing the number of people in their peripheral work force. There are far more "non-standard" forms or work in the current labour market.
What are the different types of grievances? And how do they differ?
There are four general types of workplace grievances: Individual Grievance: applies to an action/ inaction by the employer that specifically affects an individual employee Group Grievance: if the action of the employer affects a number of employees in the same manner, then a group grievance may be filed Continuing Grievance: is a grievance that involves an ongoing practice by the employee Policy Grievance: alleges that an employer's action or lack of action is a violation of the collective agreement that affects all employees
What tension exists between collectivism and democracy within trade unions? Why does it exist?
There exists tension because the group of employees wants to be represented by their membership in their unions however sometimes the membership at the top can lose touch with the employees they represent. This exists because as unions get larger they lose touch with their membership.
How does Unitarism advocate resolving this conflict?
They believe that conflict can be resolved by improving communication between management and the employee. Effective employee relations improves communication as well.
Why do strikes and lockouts remain the most common form of dispute resolution? What does this tell us about the role of sanctions in the collective bargaining process?
This remains the most common because the decision making process remains with the business and does not make it to the government where a decision could be made for the employees and the company which may not be agreeable to either.
What are the major stages in negotiating a collective agreement?
Union-management negotiations usually proceed through specific stages: Pre-negotiation stage Establishing the negotiation range Narrowing the negotiation range Crisis stage Ratification stage
What are the major stages of collective bargaining?
Union-management negotiations usually proceed through specific stages: Pre-negotiation stage Establishing the negotiation range Narrowing the negotiation range Crisis stage Ratification stage
What are the three or four core beliefs of the Unitarist perspective?
Unitarists believe that the Workplace is naturally harmonious. They start from a set of assumptions and values that hold workplace conflict is not an inevitable characteristic of relations between managers and employees. The Unitarist believes in cooperation between management and employee and that conflict in the workplace is not the norm and is in fact outside of the norm. They see managers and employees as having a common interest in seeing the organization being successful. They believe in proactive measures to ensure that the workplace is free of potential situations that could cause conflict such as problem employees, inappropriate recruitment and promotion practices, and poor communication to name a few.
Has globalization caused what is characterized as a "race to the bottom," a downward convergence of national labour standards, social policies, and regulations in order to better compete in the global marketplace?
Yes it has. The situation in which companies and countries try to compete with each other by cutting wages and living standards for workers, and the production of goods is moved to the place where the wages are lowest and the workers have the fewest rights.
How do these laws affect the balance of power in the employment relationship?
the statutory floor of rights serves an important purpose. By restricting the ability of employers to exploit workers (which employers have historically done in the pursuit of profit), the state is limiting the basis for overt conflict between workers and employers—conflict that might threaten to destabilize a workplace, an industry, or even the capitalism system or the state itself. By creating a floor of rights that prohibits the most egregious forms of exploitation
