1. HN2100 Collective Agreement Administration With Paul Tilley Unit 6 Collective Agreement Clauses – Part 1

2. After completing this unit, you should be able to: Explain the purpose(s) of a recognition clause and how it is framed Discuss the types of clauses use in protecting union security and the overall purposes(s) of protecting union security Identify and discuss the types of union membership requirements Discuss the overall purpose(s) of non-discrimination clauses

3. In this unit we will begin examining standard provisions found in Canadian Collective Agreements. It is important to understand the rationale behind the articles and to be able to understand the provisions that govern the employment relationship in unionized environments. Overview of this Unit

4. Union Recognition Clause The Recognition Clause is a mandatory clause in all collective agreements. It is one of the first articles found in a collective agreement. Recognition clauses serve two purposes: to give a clear description of whom the collective agreement covers, as it describes the bargaining unit which has been certified by the labour relations board; and it gives workers the right to bargain "collectively" over issues. Most recognition clauses will contain a geographical limit. Changes to recognition clause typically involves expansion to cover a larger geographic area or groups such as part-time employees and summer students.

5. Protection of Bargaining Unit Work Closely related to the recognition clauses, and often grouped with it, are provisions that ensure bargaining unit members will be allocated bargaining unit type work. The purpose of this clause is to ensure that non-bargaining unit members, such as supervisors, sub-contractors, part-time employees (if not covered by the Collective Agreement), are restricted from performing work that is usually performed by bargaining unit members. The question of whether an employee is covered by the collective agreement is a question of fact to be decided upon based on the work that the employee is actually doing. Deemed non-bargaining workers tend to be: Supervisors Subcontractors Part-time employees (depending on agreement)

6. Subcontractor Work Subcontracting refers to operations carried out by an outside company on the employers premises. Collective agreement often contain one of two types of clauses related to subcontracting. The first type refers to an “absolute prohibition” clause which limits or eliminates the sub-contracting allowed. The second type is known as “compromise clause” which prohibits sub- contracting that will result in the layoff of bargaining unit members or that requires the employer to consult with the union before work is contracted out.

7. Union Security Union security clauses state the employer’s recognition of the union’s legitimacy as the representative of the employees. There are four areas of concern with respect to union security: 1.Dues check off 2.The requirement to join a union 3.Access to the employer’s premises 4.The right to communicate with union members

8. Collective agreements contain a dues ‘check off clause’. Check off means that the employer, on behalf of the union, will automatically deducts union dues from employees’ paycheques. As a result of receiving union dues, unions provide a number of services to its dues-paying members including grievance handling; representing employees at arbitration hearings; providing educational services; lobbying governments on issues ranging from technological change to human rights; making services staff available; and negotiating collective agreements. Newfoundland is one province which has enacted legislation to ensure that union dues are collected by the employer. With respect to Union Dues, Section 87(1) of the province's Labour Relations Act states: 87. (1) Except in the construction industry, where a trade union that is the bargaining agent for employees in a bargaining unit so requests, there shall be included in the collective agreement between the trade union and the employer of the employees a provision requiring the employer to deduct from the wages of each employee in the unit affected by the collective agreement, whether or not the employee is a member of the union, the amount of the regular union dues and to remit the amount to the trade union immediately. Union Security: Dues Check Off

9. Union Security: The Requirement to Join a Union There are three types of clauses – one of which will be found in a collective agreement with respect to “The Requirement to Join a Union”. A “Union Shop” provision – employees are required to become and remain members of the union, if they want to be/remain employed by the company. A “Closed Shop” provision – the employer can only hire workers who are already members of the union. An “Open Shop” provision - Some collective agreements do not require employees to join the union. In these cases, the Rand Formula clauses are found which require the employer to deduct union dues, whether an employee becomes a member or not.

10. Union Security: Access to Employer's Premises Many collective agreements contain clauses which give the union officials access to the employer’s premise (worksite) for the purposes of meeting with the employees on union business. Without clauses dealing with access to the employer's worksite, employers could deny union officials access to the employer's premises, making communication much more difficult.

11. Union Security: The Right to Communicate with Union Members Many collective agreements allow for the use of bulletin boards on the employer premises. Communication is important to inform bargaining unit members of such things as campaigns that they are actively participating in, seminars that they are conducting, upcoming meetings, etc. Many collective agreements contain clauses providing for union bulletin boards for union messages.

12. Non-Discrimination Non-discrimination clauses provide employees with protection against discrimination based on human rights and/or union membership grounds. With respect to Human Rights issues, some collective agreements are silent on human rights clauses because we are afforded protection under our Provincial and Federal Human Rights Codes. Non discrimination clauses are almost always included in collective agreements when there is a union and employees can choose whether or not they wish to join the union.

13. Common Applications for Non-Discrimination Sexual Harassment – the right to be free from discrimination on the basis of gender. Mandatory Retirement – not a violation in most collective agreement. Absenteeism – major concern to many employers; however, can conflict with human rights legislation. Language Requirements – employees speak a specific language may be challenged. Union Discrimination – prohibits discrimination based on employee’s membership status in the union.