HRMT 412

Conciliation Act

An act passed in 1900 that created a federal department of labour and gave the department the ability to appoint third-party intervenors or commissions of inquiry to assist in resolving labour disputes.

International Union

An international union has members in two or more countries with its headquarters in one of the countries ex( United Steelworkers of America & United Food and Commercial Workers)

Union Fragmentation

Canada has a large number of small unions compared to other countries.

Privy Council Order 1003

Canadian version of the Wagner act. established the rights and obligations fundamental to labour relations in Canada

Union Acceptance

Strategy in which the employer may not want to have a union but remains neutral in a union organizing attempt. If the certification drive succeeds, the employer tries to negotiate the best collective agreement possible.

Undue Hardship

The law does not require an employer, union or other employees to undertake, as part of an accommodation, measures that would cause them undue hardship. Factors Determining Undue Hardship: 1. Financial cost 2. Size of the employer's operations 3. Interchangeability of the workforce and facilities 4. Safety 5. Provisions of any collective agreement 6. Effect on employee morale

Legal Environment

The legal environment can affect the employer's ability to oppose unionization and the approach taken by the employer. Generally, the legal environment in Canada makes it more difficult for employers to oppose unionization here than in the United States.

Job Design

is a more contemporary approach to enhancing organizational efficiency and worker satisfaction, through technological and human considerations. Uses Concepts like: -Job enlargement -Enrichment -Rotation -Ergonomics all for the purpose of better utilizing employee skills

Labour Councils

•A labour council is an association of unions in a municipality or region •Work to improve their communities as well as to advance the interest of unions at the regional or municipal level •Council will have a constitution and bylaws •Do not become directly involved with employers

Legal Environment of Unions

-Labour relations laws in Canada provide for a certification process that is more favourable to unions when compared to the United States. A union can be certified without a vote on the basis of signed membership cards in several Canadian jurisdictions. This is favourable to unions because it reduces the employer's opportunity to campaign against the union or intimidate employees. -In most Canadian jurisdictions, the law allows for union dues to be deducted from the pay of all bargaining unit members -Compulsory union membership may also be a requirement of a collective agreement -Labour relations legislation is more quickly and strictly enforced in Canada. Deters prohibited conduct that could disrupt union formation.

Employee Involvement

-Employee and union involvement can be achieved either pursuant to provisions contained in the collective agreement or outside of the agreement. Joint union-management committees or task forces can be used to address a range of issues associated with compensation, employment security, training and working conditions. -An employee involvement program undertaken outside of the collective agreement should take into account union concerns about such programs. Some unions have been more receptive to employee involvement programs than others. (Heavily depends on alignment of union and employer values and goals) -Employers must ensure that an employee involvement program undertaken without union involvement does not violate the exclusive bargaining rights of the union, and unions must not prohibit employees from becoming involved in employer programs if the refusal amounts to an illegal strike. -Some studies show productivity improvements from involvement some have shown the opposite. Do however reduce conflict and grievances. -Difficult to maintain overtime Employee Involvement Groups: Groups of employees who meet to resolve problems or offer suggestions for organization improvement

Factors Affecting an Employer's Labour Relations Strategy:

-Employer's Competitive Strategy -Union or Non-Union Status of Competitors -Management Values or Ideology -Union Philosophy or Policy -Union Power and Ability to Oppose Employer -Types of Employees -Legal Environment

Employer Opposition of Unions

-Evidence that employers in the United States actively oppose unionization more than Canadian employers do -Political, legal and other factors have allowed unions in Canada to maintain a higher union density than the United States

Functions of the CLC:

-Lobbying the federal government -Pursuing economic and social policy -Managing jurisdictional disputes -Enforcing the CLC code of ethics -Education -Research and analysis -Links with labour movements internationally

Political Environment of Unions

-NDP has promoted labour's interests in provincial legislature and Parliament -Several social safety-net and health care programs are in place, mostly as a result of the existence of such a political party -The existence of the NDP has been a mitigating force on the Liberal and Conservative parties -More favorable that what's found in the states

Four Main Types of Canadian Union

-National -International -Independent local organization -Direct chartered locals

Union Local

-Or simply the local, is an administrative unit of a national or international union organization. -The roles and responsibilities of union locals are set out in the required constitution and bylaws of the larger (sometimes referred to as "parent") union organizational structures. -Represents the basic structural unit found in a work setting. -Over 14,000 locals in Canada -Many union locals have a membership consisting of those who work for one employer in a municipality. Others have members who work for different employers in a municipality. The latter may be referred to as amalgamated or composite locals -An employer might deal with one or more locals that belong to one or more unions. In the simplest case, an employer might deal with one local of a union. -A college could have employees that belong to two locals of the same union, one for faculty and one for support staff. Each local would have its own collective agreement with the employer. -a more complex situation, an employer might deal with several locals, each belonging to a different union. -Operate democratically -A local can have its own bylaws and constitution; however, these must comply with any constitutional provisions of its national or international union authority.

Employee Relations Programs

-Organizations are made of networks of individuals. For these individuals to work together effectively towards a goal communication is important. Failure of communication hurts performance and morale. -Modern corporate structures are leaner requiring faster and better communication. Top down communication (downward): designed to inform or influence others in the organization. Such means for communicating also provides knowledge about "what is" in the company at a given point in time as well as informing employees regarding their work performance. Bottom up Communication (Upward): allows employees to share their work experiences and perspectives on the business with those in a position of power—whether it be their supervisors or executives

Labour Relations Board Responsibilities

-Processing union certification applications -Processing applications for decertification -Supervising votes for certification and decertification -Hearing unfair labour practices complaints -Hearing complaints and issuing declarations regarding unlawful strikes, lockouts and picketing -Resolving disputes arising under a collective agreement in some jurisdictions -Dealing with arbitration or first and subsequent contract disputes in some jurisdictions

Forms of Employee Involvement:

-Quality circles -Problem-solving groups -Employee-management committees -Self-directed teams -Co-determination

Staff Recognition Programs

-Shown to reduce turnover -Union movements in north america have led to many awards centered around tenure instead of performance. -Contemporary thinking suggests that the purpose of recognition programs is to encourage greater levels of discretionary effort by employees.

Possible Employer's Labour Relations Strategies:

-Union Opposition -Union Avoidance or Substitution -Union Acceptance -Union Resistance -Union Removal The labour relations strategy adopted by management, for example, union acceptance versus union removal, will affect the processes and policies of the employer and its human resources function.

High-performance work systems (HPWS)

Assumes that an organization's human resources are the key to competitive advantage for firms in an uncertain and changing environment. In order to compete using improved technology and organizational innovations, highly skilled, trained and motivated employees are required. in order for a system to be successful, it cannot be adopted in piecemeal fashion because some of the components support each other. Mixed results on how effective they are Unions are somewhat resistant to technological unemployment but technology is one of the main ways to improve product quality making the process a challenge. Policies and Practices for a High-Performance Work System: -High standards in recruiting and selection -Job redesign -Comparatively high compensation contingent on organizational performance -Employment security -Sharing of financial and performance information with employees -Minimum status differences -Employee involvement -Dispute resolution systems -Training and skill development -Performance expectations emphasizing continuous quality improvement

Self-directed teams

Are distinctive because they have more autonomy and responsibility. Typically, they take on tasks previously undertaken by management. For example, work teams may assume the tasks of tracking and distributing their own overtime.

Quality circles

Are groups of employees who investigate problems relating to quality and make recommendations to management for improvements.

Problem-solving groups

Are teams of employees who meet to deal with particular issues such as the installation of a new computer system. Problem-solving teams make recommendations to management; however, they do not have the authority to implement their recommendations.

Types of Employees

Certain types of employees, such as those who are part-time, younger or have a higher turnover rate, may make it easier for employers to be more union-hostile. Younger employees may be less familiar with unionization and their rights and more likely to quit in the face of employer opposition. In contrast, employees who are highly skilled and full-time have more invested in the workplace and may be less likely to quit and more likely to support the union in a confrontation with management.

Employer's Competitive Strategy

Competitive Strategy: refers to how it tries to compete in the marketplace over the long term—how it attracts buyers and improves its market share. Cost Leadership: is a strategy in which the firm competes on the basis of price. It requires cutting costs so that products or services can be sold at a lower price. Differentiation: strategy that involves the firm competing on the basis of having a distinctive or unique product.

Control

Control of the workplace has been cited as a management objective that is as important as efficiency. Managers need control to reduce uncertainty or risk. Many employers perceive that a union will prevent them from achieving either or both of their objectives of productivity and maintaining control.

2. Regulation of labour relations outcomes

As noted earlier in this chapter, governments can pass back-to-work legislation to end a particular strike. Employment standards legislation sets out maximum or minimum terms and conditions of employment such as hours of work, wage rates, vacation entitlement and pregnancy, parental and other forms of leave.

8. Maintenance of political office

Cynics may claim that all of the objectives previously referred to really come down to the objective of an elected government staying in power. A government's desire to maintain office may make it susceptible to political and public relations activities of unions and employers referred to in previous chapters.

Industrial Disputes Investigation Act

Federal legislation passed in 1907 requiring industrial disputes to be submitted to a third party for resolution

Business Unionism

Focuses on the improvement of the terms of employment through negotiation with the employer.

Constructive Dismissal

Is a rule of employment law dealing with situations where the employer makes a fundamental breach of an employment contract that entitles the employee to consider herself dismissed and to sure the employer for wrongful dismissal. -Non-Union employee can sue for wrongful dismissal if this is the case -The doctrine of constructive dismissal does not apply to unionized employees. The employer can make changes in the terms and conditions of employment that are provided for in the collective agreement.

Labour Relations

Is all aspects of the union-management relationship, including the establishment of union bargaining rights, the negotiation process, and the administration of a collective agreement

Social Unionism

Is concerned with improving the compensation and working conditions of bargaining unit members, while also seeking broader economic and social change.

Industrial Relations

Is the broad field of study that encompasses all aspects of the employment relationship in both union and non-union workplaces example: questions regarding topics like the pay of CEOs (chief executive officers) to the negotiation of collective agreements would both be industrial relations issues.

Union Opposition

Is the strategy used when the employer has no unionized employees and wants it to stay that way. Employers adopting this strategy are likely hostile to unions and may be willing to use both legal and illegal methods to avoid unionization.

Environments

Six aspects of the environment— 1. economic, 2. technological, 3. demographic, 4. social, 5.political and 6. legal Note are not isolated domains and one can or several can impact others

1. Regulation of labour relations processes

This legislation sets out rules regulating how a union obtains the right to represent employees, listing the rights of employers during an organizing campaign, imposing a duty to bargain in good faith on both the parties, and requiring disputes during the term of a collective agreement to be resolved through arbitration.

Reasonable Notice

is the notice period employers are required to provide to employees on the basis of factors including age, position, and length of service -Required for non-cause dismissal of non-union employees

National Union

it refers to a union whose membership is confined to Canada, although it may not have members in all provinces.

Re-Engineering

methods by the employer see a fundamental "rethinking and redesign" of business processes to achieve improvements in efficiencies, costs and quality.

Craft Union

union made up of skilled workers in a specific trade or industry Goes back to guilds. example a guild of electricians is a craft guild.

Industry-and Firm-Level Demand

•Sensitivity to demand differs •Shrinking employment in manufacturing (less manufacturing jobs) •Countercyclical industries (certain industries that do well during economic downturn) •Price elasticity of demand (response of demand to price) •Elastic demand vs. inelastic demand (elastic demand is highly price responsive while inelastic isn't. Industries that are inelastic remain highly consistent )

Common Law

•The common law refers to rules of law that originate from the decisions of court judges •Without a union, the common law, employment legislation and the agreement between the employer and employee govern the employment relationship

Union Density Information

•Union density for part-time Canadian employees is 23.3% •The use of part-time workers has been a source of conflict between unions and employers •Unions have sought to establish contract provisions that restrict the use of non-union part-time workers •Union density in Canada for male workers dropped from 41 percent to 27 percent between the years from 1981 to 2014 •Female workers over the same period remained relatively stable varying between 30 percent and 32 percent •Female concentration in health care, education and public service

4. Pursuing Economic and Social Change

•Unions also have objectives for the wider society beyond the work setting •The United Food and Commercial Workers union developed a national campaign to make child care services a priority for the government

Non-union vs. Unionized Workplaces

- When a union negotiates a collective agreement with an employer, these individual contracts of employment, held by employees prior to the union gaining bargaining rights, are replaced by the negotiated collective agreement. - In the non-union workplace, the employer negotiates directly with each employee to establish the terms and conditions of employment.

% of Canadians in Unions

30

Chapter 3

Employers: Objectives, Processes and Strategy

Chapter 2

The Environment

1. Improving Terms and Conditions of Work

•Unions seek to improve wages, benefits and other terms of work for the employees they represent •Also includes non-economic issues such as health and safety, work hours and job security •Some of the improvements in working terms that unions are able to achieve will be adopted in the non-union sector. •Unions also participate with employers in joint labour-management committees focused on workplace issues such as health and safety or layoff redeployment that will benefit employees. Unions may engage in unilateral action, such as providing training to their members relating to harassment, which will improve the employee's workplace experience.

4. Social Environment

•Values and beliefs of Canadians relating to unions and employers (some Canadians are more supportive of unions than others) •Importance of public support (If people don't support unions they are less likely to join them, public support also increases union power) •Right-to-work legislation (Public support impacts legislation for instance right to work laws waive mandatory deduction of union dues) •Public support vs power of union (Public support and union power are in general negatively related. In that public support declines with union power. Not to be confused union power does usually increase with public support)

Functions of National and International Unions

1.Assisting locals with contract negotiation 2.Assisting locals with grievances 3.Providing education and training for union members 4.Engaging in political activity 5.Organizing workers National and international unions also provide financial assistance and expertise to locals on strike action and attempts to organize non-unionized workers.

Union or Non-Union Status of Competitors

A firm that competes in a sector that is heavily unionized may be less likely to oppose unionization than a firm whose competitors are all non-union. If the firm were the only unionized competitor, it would have to be concerned about its compensation costs exceeding that of its competitors.

Yellow Dog Contracts

A racially charged term reflecting a practice by late 19th-century employers when hiring Asian immigrants and other labourers that could cause these workers to be terminated if there was evidence that they previously belonged to a union or if they should support a union organizing drive while employed.

Co-determination

A system in which management shares decision-making authority with the union, and the union plays a role in day-to-day business decisions. Co-determination is rare in Canada and the United States.

5. Aid to particular industries

All levels of government may engage in efforts to aid an industry.

Union

An organization, external to and also within a work setting, that has the primary objective of improving the compensation and working conditions of the employees it represents. Individuals in a work context have little power but collectively under a union their power is much greater. These organizations have four main objectives: -Improving terms and conditions of work for their members -Protecting employees against arbitrary management actions -Providing a process for conflict resolution and employee input -Pursuing economic and social change

Labour Market Changes

Any factor that causes an increase in the demand for labour, such as an economic upturn, should lead to increased levels of employment and higher wages. Any factor that causes a decrease in the demand for labour, such as an economic downturn, should lead to decreased levels of employment and lower wages. On the supply side, any factor that causes an increase in the supply of labour will tend to increase levels of employment and reduce wage levels. Conversely, factors causing a decrease in the supply of labour will tend to decrease the level of employment and increase wage levels. For example, a shortage of employees in some occupational groups, such as computer animators, has led to higher wages and signing bonuses for employees. In the absence of unions, individual employees would have to accept the market wage, and it is likely to be low if workers do not have unique skills or abilities. Unions could be viewed as a way to avoid the effects of the labour market that would otherwise be imposed on individual employees. In a labour market without a union, many employees have little or no bargaining power when dealing with their employer. By joining a union, employees can increase their collective power regarding terms and conditions of work. Conversely, it is possible that the wage rates in the labour market might be pushed higher than the wages provided for in collective agreements, and this will pose a problem for both parties, especially employers.

Diversity Management

Diversity in this context relates to demographic characteristics of managers and employees such as their age, ethnic origin, religious beliefs, sexual orientation and physical abilities. Bottom-Line Benefits of a Diverse Workforce: 1. Different people bring different attitudes and experiences to the table, which helps companies avoid groupthink, provides deeper insights on issues and challenges people to think "outside-the-box." 2. As markets continue to globalize, customers are becoming more diverse. A diversified workforce is likely to have people who identify with the unique needs of clients and are therefore better able to serve them. 3. Employees need to feel valued to reach their full potential. Companies that embrace diversity tend to have lower absenteeism and turnover and higher productivity.

1. Economic Environment

Economic Factors impacting Unions Macroeconomics: -Inflation -Economic Growth -Public Support Government Economic Policy: -Fiscal Policy -Monetary Policy Industry-and Firm-Level Demand Labour Market Changes: Other:

6. Legal Environment

Employment standards legislation: mandates minimum terms of employment dealing with vacations, public holidays and wages. These minimums provide a "floor" for the negotiation of terms and conditions of employment in the collective agreements. Human rights legislation: Prohibits discrimination and harassment and imposes a "duty to accommodate." This duty may require unions and employers to make exceptions to the terms and conditions of work in the course of administration of a collective agreement. (ex: employee with certain illness may not be able to meet hours in collective agreement) Labour relations legislation: Regulates the relationship between the union representing employees and the employer. It dictates who can unionize, the process that must be followed to unionize, rules regarding the negotiation and administration of the collective agreement, and when there can be a strike or lockout. Health and safety Employment equity Pay equity Workers' compensation

Employee Relations

Encompasses activities and processes aimed at maintaining a productive workplace while meeting the needs of employees includes communication, workplace discipline, employee involvement, diversity management and employee rights.

Wagner Act (1935)

Established the right to organize, compulsory bargaining and prohibition of unfair labour practices This American legislation was a major public policy development. The law no longer allowed employers to use many of their previous tactics such as threatening employees with dismissal or relocation, using yellow dog contracts and refusing to deal with a union in order to defeat it.

Chapter 5

Governments,Labour Relations Boards, and Other Parties

Arbitrators

Hear disputes between unions and employers and render final and binding decisions. Are independent from government •Interest arbitration involves arbitrators settling certain terms of the collective agreement when management and union representatives are not able to successfully negotiate a contract •When a union and an employer have a dispute about the interpretation, application or administration of an existing collective agreement, it is referred to rights arbitration.

Experience with Unionization

If a firm has several operating units or locations, some of which have been unionized, its experience with collective bargaining may affect the employer's approach to unions at sites that are not yet unionized. If the experience has been negative, perhaps because of a strike, the employer would more likely oppose unionization at its non-union locations.

Economic Growth/Decline

In a period of growth, the employer may wish to avoid the interruption of production caused by a strike, especially when competitors are continuing to operate. Periods of economic growth have thus been associated with higher rates of union organization and a higher incidence of strikes. Economic downturns cause unions to be more concerned with job security. Union bargaining demands will focus on issues such as increased severance payments and notice of layoffs. Management, seeking to reduce costs, will negotiate to avoid wage increases and may even demand total compensation concessions from the union.

Right-to-Work Legislation

In certain states of the United States there is legal prohibitions of the compulsory deduction of union dues.

Disputes Non-Union/Union

In the event of a dispute between an employer and a non-union employee, the dispute is typically resolved through a civil court action if the parties cannot settle the matter. This is disadvantageous to individual employees, who are not likely to be able to afford prolonged court proceedings. Although there has been some increase in the use of alternative dispute resolution methods such as mediation, these methods cannot be forced upon the parties. In unionized workplaces, unresolved disputes are referred to the grievance and arbitration process.

Inflation

In times of inflation, for example, unions will seek larger wage increases to protect the real incomes of employees. Nominal wages are wages that have not been adjusted for inflation. Real wages are wages that have been adjusted for inflation.

Employee-management committees

Include representatives of both management and employees charged with the responsibility of making recommendations to the employer. A health and safety committee is an example.

Independent Local Unions

Independent local unions are unions that do not belong to a national or international union

Chapter 1

Introduction to Labour Relations

Production Design

Is a process that leads to the efficient and effective generation of a product or service usually credited to Ford and the assembly line.

Wrongful Dismissal

Is a rule of employment law dealing with situations of dismissal without just cause wherein the employer violates common law duty to provide reasonable notice of termination to the employee. In a unionized setting, the obligation to provide reasonable notice is eliminated. Instead, the employer must comply with the notice provisions of the collective agreement.

Just Cause

Is where the employer alleges there was very serious employee misconduct (e.g., theft, assault, insubordination) that justifies dismissal without notice. If the non-union employer establishes just cause, no notice is required. The non-union employee may decide to file a wrongful dismissal claim against the employer if he believes there is no just cause for terminating his employment. Even if the employer fails to establish just cause, it will have to provide reasonable notice of termination, but will not have to reinstate the employee in most jurisdictions. In a unionized setting, on the other hand, we will see that the union can challenge a dismissal. An arbitrator reviewing a union grievance on the matter of the employee's termination of employment may order the employer to reinstate the employee to their job. This means the employer's ability to terminate unionized employees is significantly reduced and offers job security that non-union employees do not have.

Labour Relations Board

Labour relations board is an independent body responsible for the administration of labour relations legislation affecting employers, employees and unions in each jurisdiction Most consist of a neutral chairperson, vice-chairs, and representatives from union and employers. (Three party tripartite) = Three Main Actors: -Unions -Employers -Governments •Procedures and remedies include ordering the reinstatement of employees and the payment of damages •Settlement officer attempts to resolve disputes so that a formal hearing is not required •Board decisions cannot be appealed, however an applicant can ask for reconsideration or judicial review

Fiscal Policy

Refers to changes in government spending and taxation to regulate employment levels and inflation. The government can reduce taxes and increase spending to stimulate the economy and reduce unemployment.

Monetary Policy

Refers to changes in interest rates to regulate employment levels and inflation. Interest rates can be reduced to stimulate the economy and raised to control inflation.

Labour Relations Strategy

Refers to how the employer chooses to deal with the unionization of its employees. There are several possible broad choices or strategies employers can adopt, ranging from acceptance to extreme opposition. -Walmart is notoriously anti union

Raiding

Refers to one union persuading members of another union to change unions.

5. Political Environment

Refers to the Canadian political system and its effect on labour relations. A critical feature of the Canadian political environment is the divided jurisdiction of the federal and provincial governments in employment and labour relations matters.

Macroeconomic Environment

Refers to the state of the economy as a whole, including whether it is in a period of recession or growth and what are the rates of unemployment and inflation. The macroeconomic environment impacts the objectives and power of unions and employers, and in turn affects labour relations outcomes.

The Canadian Charter of Rights and Freedoms

Section 2: -Fundamental freedoms: assembly, association, expression Section 15: -Equality under the law -Prohibits discrimination Application of Charter: The Charter does not apply to private activity. This means that the Charter is relevant if legislation is being applied or if the government is involved as a party. Limitations of Charter: Section 1 of the Charter states that the rights it provides are "subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society." This means that a right provided in the Charter may be violated if it is established that it is essential to do so for the benefit of society. The second limit on Charter rights is a "notwithstanding" clause provided in Section 33. The clause allows a government to pass a law that would violate the Charter if it expressly declares that the legislation is being passed despite the provisions of the Charter. The notwithstanding exception prevents a legal challenge of legislation passed by a provincial government if the basis for the challenge is the law's perceived infringement of Charter rights. Implications of Charter: -Expansion of human rights protection -Collective bargaining -Right to strike -Union dues -Rights to organize -Privacy rights -Leafleting and forms of expression

Union Removal

Strategy involves the employer attempting to rid itself of any unions. The tactics used might include stalling in negotiations in the hope employees will become frustrated with the union, enduring a strike in the hope employees will become disenchanted with the bargaining agent, or attempting to use the legal process to challenge the union.

Union Resistance

Strategy might arise in a firm that is partially unionized. The firm attempts to limit the further spread of unionization to other groups of employees. This strategy may involve aspects of the union avoidance strategy, such as extending wage improvements to non-unionized workers that are similar to those negotiated with unionized employees.

Union Avoidance or Substitution

Strategy used to prevent unionization, where the employer uses legal means to convince employees they do not need a union. It might involve matching the union rate of pay in an industry.

Divided Jurisdiction

The Constitution Act provides a division of powers or authority between the federal and provincial governments. For employment and labour relations issues, there is divided jurisdiction: the federal government has the authority to pass legislation regulating some employers and employees, and the provinces have jurisdiction over other workplaces. The federal government has jurisdiction over approximately 10 percent of the labour force, including federal government departments, interprovincial transport, banking and broadcasting. The provinces have jurisdiction over 90 percent of the labour force, including the manufacturing, retail, service and construction sectors. Federally Regulated Employees: Are those subject to federal employment and labour relations legislation. Provincially Regulated Employees: Are those subject to Provencal employment and labour relations legislation Implications of all this: Employers who are provincially regulated and carry on business in more than one province will have to deal with different laws in each province. This may cause confusion and increase costs. Depending on the employees they represent, unions also must know about the federal legislation or the relevant legislation in each province. The divided jurisdiction has allowed provinces to deal with employment and labour issues differently and has provided an opportunity for experimentation. NDP Traditionally support unions and labour

Systems Approach

The Environment: -Refers to the economic, technological, social, political and legal factors that affect the parties and their activities and processes. Environmental factors tend to cause the actors or parties in this framework to react to these influences Actors or Parties: -System contains three main parties: employers, unions, and government. Interests and powers of each need to be kept in mind. Processes and Activities: -The various processes and activities the parties or actors might engage in. Outputs or Results: -The possible results of the processes and activities of the parties. The primary output or result will either be the achievement of a renewed collective agreement that sets out terms and conditions of employment, or a strike or lockout due to unresolved issues between the parties in collective bargaining. Feedback: -How the elements of the framework are interconnected and affect each other.

Business Agent

This is a resource person who, based on their experience and training, work for one or more union locals handling grievances, assisting with contract negotiations and providing other administrative or consulting services.

Union Philosophy or Policy

The approach or philosophy of the union the employer is dealing with may affect the choices and actions available to it. An employer might wish to pursue a more cooperative approach; however, the success of this will depend on the union's reaction. Some unions have been more receptive to employer efforts to make changes and include the union in the change process. The role and influence of the parent union also can influence labour relations at the local level.

Human Rights Legislation

The basis for the law relating to discrimination in each jurisdiction. Human rights law is shaped by the decisions of courts and arbitrators who interpret legislation and the Charter. A human rights commission is responsible for the enforcement of the legislation in all jurisdictions except British Columbia and Ontario, which each has a tribunal for this purpose. Prohibited grounds of discrimination -Age -Disability -Family Status -Sexual Orientation -Religion Direct Discrimination: Refers to a rule or conduct that is intentionally discriminatory. Indirect Discrimination: Involves a rule or requirement that does not appear to discriminate; however, the requirement has an adverse impact on an individual or group protected by human rights legislation. Duty to accomodate along any of the grounds of prohibited discrimination an employer or union are obliged to work collaboratively (Multi-Party Responsiblity) to accommodate affected workers to the point of Undue Hardship Discrimination on prohibited grounds is potentially justifiable if doing so was because the discriminated quality infringed on some Bona fide Occupational Requirement (BFOR)

Frameworks for Labour Relations

The core elements of labour relations include: unions organizing discontented employees; the negotiation of collective agreements; and the administration of those agreements during their terms. Two Dominant Perspectives: -Systems Approach -Political Economy Approach

Parent Union

The generic term referring to the central or head office of a national or international union. At the time of union certification at a workplace, government labour boards require the sponsoring parent union to present evidence that it is a democratically governed organization. Trusteeship: When the parent union temporarily takes direct control of one of its union locals.

High Commitment HR Strategy

The high commitment approach involves seeking a competitive advantage by pursuing product and service differentiation instead of competing on the basis of price, using labour with more skills and perhaps providing higher compensation, adopting better technology and production systems and investing more in training. Could include implementing a High-Performance Work System

Functions of a Union Local

The local might be involved with one or more of the functions listed depending on its size, the parent union and the industry. 1.Administration of the collective agreement 2.Collection and processing of union dues 3.Representation at grievances and arbitration 4.Collective bargaining on local issues 5.Training and education of members 6.Community service 7.Political Action 8.Operation of a hiring hall 9.Organizing workers Most locals have a key role to play in contract negotiation with the employer, which is frequently done at the local level. Also key role in the day-day administration of the collective agreement. Also education.

Low Commitment HR Strategy

The low commitment approach involves the continued use of traditional production methods, a low emphasis on technological innovation, little concern for the development of workforce skills, and attempts to cut labour costs to compete with low-wage producers. The low-road approach is linked to a cost leadership competitive strategy.

7. Government employers: efficiency and control

The manner in which governments deal with their own employees and unions may have an effect on employers in the private sector. If governments take a leading role by providing innovative terms of employment, such as daycare services, private-sector employers and unions will likely negotiate the same issues. When governments take a harder line with unions representing public-sector employees, this too may influence private-sector labour relations.

Political Economy Approach

The political economy approach to labour relations emphasizes that labour relations is affected by broader issues in society and the economy, in particular, the distribution of power. Argues that conflict is inherent in the employment relationship for a number of reasons, including: 1. There is a fundamental conflict of interest between employers and employees. It is in the employer's best interests to minimize the wages paid to employees, design work so that it requires lower skill levels, and maximize worker effort. 2. The nature of the employment relationship leads to conflict. In society, the values of freedom and democracy are accepted as the norm. In contrast, the relationship between employers and employees is based on the subordination of the employee, and this is a source of conflict. 3. The nature of one's work is a potential source of conflict. Surveys have established that over 80 percent of employees are satisfied with their jobs; however, employees report high levels of concern regarding workload, stress and fatigue.17

4. Regulation of the economy: employment and inflation

The regulation and improvement of the economy is a key government objective that will affect employers and unions. Governments may wish to control inflation and unemployment through monetary and fiscal policy. They may also seek to establish a positive climate for investment through measures such as tax cuts and aid for industry.

Public Support and Economics

The state of the economy might also affect public support for the demands of one of the parties, which in turn might impact its bargaining power. Public opinion during an economic downturn may reflect the sentiment that public-sector workers are "lucky to have a job" and should not be going on strike.

3. Demographic Environment

The study of a population by a certain characteristic such as age, gender, race or educational achievement Key Issues: Aging workforce -Boomers reaching retirement age are also a big portion of the work force potentially creating labour shortages. Older employees also have different interests and preferences that may impact unions. Younger employees -Widening gap between old people leaving the work force and young people entering. Millenials have different views about work and bring them into the workforce. Multi-generational workplaces present new concerns. Female participation -While male union participation is declining women's unionization rate has remained fairly consistent. Diversity As workplaces become more diverse there is increasing pressure from human rights legislation for labour unions to protect against workplace discrimination

Management Values or Ideology

The values and beliefs of the original owner of a company could affect the firm's approach to unions. The values or outlook of key managers toward unions could also impact the employer's labour relations strategy. If managers oppose unions on a personal level, they may be more inclined to oppose or try to eliminate the union even if the rational choice would be to pursue a more collaborative approach.

6. Regulating Market Practices and Results

There are concerns about the practices and results in an unregulated market economy. It is possible that without regulation, safety in the workplace would be diminished and undesirable practices such as discrimination in hiring or promotion practices could increase. There may also be concerns about the equitable distribution of rewards or unchecked workplace harassment. Government intervention into market practices is a controversial area. There are those who think there is no need for such policy initiatives or that such interventions do not work

3. Protection of the public interest

There is a broader public interest that needs protection. It is possible that a strike might not seriously harm the employer because it can carry on business using an inventory of finished product. It is possible that a strike might not seriously harm the union because of strike pay, financial assistance from other unions and the attainment of alternative work by striking employees during a work stoppage. However, a strike could inconvenience or harm the public interest by eliminating an important service such as public transit. To limit the impact of such labour disruptions to the public, governments may seek to avoid strikes and lockouts through one or more of the following: labour relations legislation that places restrictions on strikes and lockouts; assistance during negotiation in the form of conciliation and mediation; and back-to-work legislation.

Efficiency or Productivity

To maximize profits, private-sector employers will seek to increase efficiency or productivity. Efficiency means that goods and services are produced with the lowest possible amount of capital, labour, energy and material resources. Productivity may be defined as the ratio of an organization's outputs (goods or services) by its inputs (people, capital, materials, energy, etc.). Productivity growth and productivity levels are both important. Productivity from a human resources management perspective may be expressed as a function of three variables: ability, motivation and environment or P = f(a · m · e). -Can they do it -Do they want to do it -Is the environment allowing them to do it

Progressive Discipline

Under a collective agreement, Except in situations of misconduct which constitute "just cause," employers are expected to apply progressive discipline that sees the application of increasing penalties should employee misconduct continue to occur after an initial warning. The application of progressive discipline is based on the assumption that such action will correct undesired employee behaviors and maintain the employment relationship. Typically this should be applied to both union and non-union employees for sake of employee relations. Important to include term about unpaid dismissal in employment contract to avoid accusation of constructive dismissal. A Progressive Discipline Framework 1.Verbal warning to the employee by supervisor 2.Written warning to the employee with a copy placed in their file 3.Suspension(s) from job duties for a defined (unpaid) period 4.Termination for cause

General Union/Non-Union Differences

Unionization can significantly affect the wages, working conditions, job security and job satisfaction of employees. There is evidence of higher hourly wage rates paid to unionized workers versus non-unionized Canadian employees. We will see later that collective agreement provisions also increase job security for many employees. There are studies indicating that unionized employees have lower job satisfaction than non-union employees.4 However, international studies have questioned a failure in previous research to control for factors such as working conditions or the degree that local bargaining is permitted in contract negotiations with the employer.5

Unions and Politics

Unions attempt to influence labour relations legislation, which extensively regulates union-management relations Unions are also interested in issues that affect workers away from their jobs, such as the privatization of health care, the environment and access to education. They can involve themselves in a number of ways: electing independent labour representatives to parliament; supporting a political party that adopts pro-labour policies; working within and supporting one political party such as the NDP; or using more radical methods such as a general strike.

2. Protecting Employees Against Arbitrary Management Action

Unions, through terms that are negotiated in the collective agreement, can protect employees from arbitrary management decisions. A union may be able to protect freedom of speech through the collective agreement and the grievance process.

Chapter 4

Unions: Objectives, Processes, and Structure

Alternative HR Strategies or Approaches to HR Management

When dealing with the new economic realities, employers should consider two alternative human resource management strategies or approaches to human resource management: -High Commitment HR Strategy -Low Commitment HR Strategy

Industrial Union

an association of all workers in the same company regardless of the job each worker performs.

3. Providing a Process for Conflict Resolution and Employee Input

•By providing a process for the resolution of conflict and employee input, unions may assist employers and increase productivity •Briefly, union input may facilitate change to working conditions that, in the past, have caused employees to quit. Unions can play a problem-solving role with employers, which may increase efficiency. The grievance and arbitration process and union-management committees are the key methods used here

History of Unions

•Canada's first labour organizations in the early 1800's, were independent local unions made up of skilled craft workers such as printers, blacksmiths and shoemakers •Craft unions and the labour congress they belonged to did not encourage the organization of unskilled workers in industrial unions •The legal environment at the time was hostile to the organization of unions •The basic rights of employees and unions that are part of today's labour relations system, including the right to organize, the obligation to bargain with the union and prohibitions against discrimination for union activity, did not exist in Canada until 1944 •In 1900, the federal government passed the Conciliation Act, which was a response to strikes and provided for voluntary conciliation of contract disputes •The 1919 Winnipeg general strike was a turning point in the history of the labour movement in Canada •Metal trades workers walked off the job to support demands for union recognition •In 1935, the United States passed the Wagner Act which established the right to organize, compulsory bargaining and prohibition of unfair labour practices •In 1944, Canada enacted Privy Council Order 1003 (PC 1003), which brought to Canada the principles established by the Wagner Act

Courts

•Courts play a role in labour relations. Although seldom done, it is possible to have an arbitrator's decision reviewed in the courts •Collective agreements typically include language requiring union and management to act in a manner consistent with human rights legislation •The Canadian Human Rights Commission is the first point of contact for registering a complaint under the Canadian Human Rights Act. The Commission has the authority to investigate discrimination complaints and, if it finds the complaint warranted, it refers the case to the Tribunal for a hearing.

Types of Unions

•Craft unions organize and limits membership to a particular trade or occupation such as electricians or airline pilots •Industrial unions organize different occupations in a company or firm •In the past, there has been a distinction between public-sector and private-sector unions •Distinction is breaking down as public-sector unions are now organizing employees in the private sector and vice versa

Unions in Canada

•In 2017 there were 4.8 million unionized workers in Canada •Union density is the percentage of non-agricultural workers who are union members •Union Coverage Is the percentage of employees covered by a collective agreement, including those who do not become union members. •As at the end of 2017,union density in Canada was 28.4% •As of the end of 2017,union coverage in Canada was 30.4% or 4.8 million workers •Union density is high in utilities, public administration, education and health care, and low in banking/finance and accommodation/food

Management Objectives and Processes

•In the private sector, management objectives include the maximization of profit and maintaining control over the business •In the public and non-profit sectors, employers seek to balance operating budgets, comply with government policy initiatives and meet demands for public services at reasonable costs

Labour Federations and Congresses

•Labour federation or labour congress is an association of unions •Every province has a labour federation, belonging to a national umbrella body known as the Canadian Labour Congress (CLC) •Directly chartered union receives a charter from a labour congress and is not affiliated with a national or international union -It should be noted that the CLC does not become directly involved in contract negotiation or the grievance process

Role of HR in Unions

•Labour relations can be viewed as part of human resources management •In larger workplaces, there will be a separate labour relations department •Human resources management tends to view unions as an external factor, which could be avoided through sound practices

2. Technology Environment

•Leads to new products, services, and changes in production methods •Increased productivity = wage increase •Increased productivity = job losses •Workplace changes •Effects on collective agreements (Employees working from home for example or discussions about workplace monitoring) Where technological change leads to jobs requiring fewer skills, employers will attempt to reclassify the job and reduce compensation. Where change leads to new jobs, or jobs requiring more skills, unions will seek increased wages.

Other Economic Trends Affecting Labour Relations

•Mergers (Voluntary amalgamation of two or more firms into one new legal entity) •Globalization(Trend towards firms obtaining resources and producing and selling their products anywhere in the world) •Trade Liberalization (is the trend to international agreements that reduce tariff barriers between countries.) -USMCA •Deindustrialization (Less industry) •Downsizing (Shrinking operations) •Deregulation (The replacement of government control over market entrants and prices with competitive markets) •Legacy Costs Non Standard Work (shifts away from full time work to part time and temporary work)