1. Dessler, Cole, Goodman and Sutherland
Fundamentals of Human Resources Management
in Canada 12
Chapter Twelve
Labour Relations, Collective Bargaining, and Contract Administration
© 2004 Pearson Education Canada Inc., Toronto, Ontario

2. Overview of Labour-Management Relations
ongoing economic and social interaction between
labour unions
management

3. Overview of Labour-Management Relations
Labour Union (Union)
officially recognized association of employees:
in similar trade
employed in same company/industry
collective voice in dealings with management

4. Overview of Labour-Management Relations
Union Acceptance Strategy
a labour relations strategy based on
management’s view that the union is the
legitimate representative of the firm’s employees

5. Overview of Labour-Management Relations
Union Avoidance Strategy
a labour relations strategy based on
management’s preference to operate in a
non-union environment

6. Provincial/Territorial Legislation—
Canada’s Labour Laws
Provincial/Territorial Legislation—
Commonalities (1 of 2)
certification procedures
minimum one year collective agreements
procedures preceding legal strike/lockout
no strikes/lockouts during life of contract

7. Provincial/Territorial Legislation—
Canada’s Labour Laws
Provincial/Territorial Legislation—
Commonalities (2 of 2)
interpretation disputes settle by binding
arbitration
prohibition of unfair labour practices
labour relations boards to enforce legislation

8. Unfair Labour Practices—Management (1 of 2)
Canada’s Labour Laws
Unfair Labour Practices—Management (1 of 2)
interference with union activity by employees
participating in union activity
changing/threatening to change working
conditions during:
certification
collective bargaining
life of agreement

9. Unfair Labour Practices—Management (2 of 2)
Canada’s Labour Laws
Unfair Labour Practices—Management (2 of 2)
refusing to bargain in good faith
penalizing employees for refusing to act as
replacement workers
intimidating employees re union membership

10. Unfair Labour Practices
Canada’s Labour Laws
Unfair Labour Practices
conducting union business on company time/
premises without employer consent
refusing to bargain in good faith
-discrimination against union members on
prohibited grounds
-intimidating employees re union membership
-failing to fairly represent all union members
-threatening/authorizing unlawful strike

11. The Labour Movement in Canada Today
Types of Unions
Type of Worker
Eligible for
Membership
craft
industrial
Geographic
Scope
international
national
local
Labour
Congress
Affiliation
CLC
CSN
AFL-CIO

12. The Labour Movement in Canada Today
Current Challenges
1. Global competition and technological change
Unionization of white-collar employees
3. Innovative workplace practices

13. Step One—Employee’s Desire to Unionize
Reasons for Desire to Unionize
job dissatisfaction
lack of job security
perceived inequities in pay
unfair administration of policies
lack of opportunity for advancement
lack of influence on work-related decisions
belief that unions can improve working conditions

14. Step Two—Union Organizing Campaign
The Union Organizing Process
Step 5. Outcome
Step 4. Organizing campaign
Step 3. Formation of in-house committee
Step 2. Initial organization meeting
Step 1. Employee-union contact

15. Step Two—Union Organizing Campaign
Signs of Organizing Activity (1 of 2)
disappearance of employee lists/directories
increased inquiries about benefits, wages, etc.
questions on management’s opinion of unions
increase in number/nature of grievances
change in composition/size of informal employee
groups

16. Step Two—Union Organizing Campaign
Signs of Organizing Activity (2 of 2)
employee discussion of group meetings
sudden cessation of conversation when manager
approaches
appearance of strangers in parking lot
sudden popularity of certain employees
distribution of cards or flyers

17. Union Organizing and Recognition
Employer Rights
express views on unions
state position on remaining non-union
prohibit union activity on company property/time
increase wages in normal course of business
gather employees to state company’s position if:
purpose stated in advance
attendance optional
no threats/promises

18. Step Three—Union Recognition Process
Voluntary
Recognition
doesn’t require
involvement of
a 3rd party
Regular
Certification
automatic
certification
representative
vote
Prehearing
Vote
in event of
irregularities
intent: to
engage
support

19. Termination of Bargaining Rights
termination of a voluntarily-recognized union
employee request for decertification
decertification due to fraud
union request for decertification

20. Collective Bargaining
Violations of Good Faith Bargaining (1 of 2)
surface bargaining
failing to make concessions/withdrawing
previously granted concessions
failing to make reasonable proposals
imposing unreasonable conditions

21. Collective Bargaining
Violations of Good Faith Bargaining (2 of 2)
making unilateral changes in conditions
bypassing formal representatives
committing unfair labour practices during
negotiations
failing to provide information

22. Collective Bargaining
Preparation for Negotiations—
Management (1 of 3)
review strategic plan
gather economic data
conduct wage/benefit surveys
analyze ability to pay
analyze other collective agreements

23. Collective Bargaining
Preparation for Negotiations—
Management (2 of 3)
obtain multi-employer coordination if required
obtain supervisory input
review existing contract/union promises
audit/analysis of grievances
canvass relevant arbitration award/LRB rulings

24. Collective Bargaining
Preparation for Negotiations—
Management (3 of 3)
costing
prepare bargaining plan/strategy/guidelines
establish bargaining team
contingency planning
establish communication strategy with senior
management

25. Collective Bargaining
Preparation for Negotiations—
Union (1 of 3)
review union policy objectives
gather economic data
gather data on bargaining trends/settlements
analyze employer’s finances
analyze other collective agreements

26. Collective Bargaining
Preparation for Negotiations—
Union (2 of 3)
obtain input from stewards and others
obtain input from membership
review existing contract/organizing promises
audit/analysis of grievances
gather data on bargaining unit members

27. Collective Bargaining
Preparation for Negotiations—
Union (3 of 3)
costing
prepare bargaining plan/strategy
establish bargaining team
contingency planning

28. The Collective Bargaining Process
Distributive Bargaining
Union
Management
Initial Point
Target Point
Resistance Point
Target Point
Resistance Point
Initial Point
Bargaining Zone
Settlement Range

29. The Collective Bargaining Process
Negotiating
Distributive bargaining
Integrative bargaining
3. Intra-organizational bargaining

30. The Collective Bargaining Process
Ratification
formal approval of agreement by union members
secret ballot

31. Third Party Assistance and Bargaining Impasses
Conciliation
assistance of neutral outside third party
required prior to strike/lockout
Mediation
assistance of neutral outside third party
usually voluntary

32. Third Party Assistance and Bargaining Impasses
strikes
strike vote
replacement workers
boycott
lockout
interest arbitration

33. The Collective Agreement: Typical Provisions
Clauses (1 of 2)
union recognition
management rights
union security/check-off
no strikes or lockout
grievance procedures
arbitration

34. The Collective Agreement: Typical Provisions
Clauses (2 of 2)
disciplinary procedures
compensation rates and benefits
hours of work and overtime pay
employee security/seniority
health and safety
contract expiration date

35. Step Five—Contract Administration
union and management must abide by contract
most labour-management relations in day-to-day
contract administration
most provisions limit managerial actions
numerous grievances on seniority and
discipline provisions

36. Contract Administration
Seniority
seniority refers to length of service in the
bargaining unit
basis for transfer, layoff, promotion decisions
when two candidates have relatively equal
skill/ability

37. Contract Administration
Discipline
employee has right to grieve disciplinary
action considered:
too harsh
without just cause
burden of proof on employer
precedents may be set when considering
extenuating circumstances

38. Grievance Resolution and Rights Arbitration
written allegation of contract violation filed by:
individual union members
union
management

39. Grievance Resolution and Rights Arbitration
Purpose of the Grievance Procedure
resolve issues unanticipated when bargaining
interpret contract language
provide communication device
satisfy political needs for union
bring attention to contract areas requiring
clarification/modification

40. Grievance Resolution and Rights Arbitration
Typical Grievance Procedure
Stage 4. Arbitration
Stage 3. Discussion by senior management and
top union officials
Stage 2. Discussion by griever, HR, union steward
Stage 1. Employee gives written grievance to
supervisor

41. Grievance Resolution and Rights Arbitration
Problems With Grievance Procedure
may stem from perceived injustice/hurt
feelings rather than actual contract violations
can become vehicle for parties to test relative
strength
political pressures may interfere

42. Grievance Resolution and Rights Arbitration
Rights Dispute
regards interpretation/application of collective
agreement
Rights Arbitration
arbitration of a rights dispute

43. Impact of Unionization on HRM
organizational structure changes
management decision making changes
changes in formulation of policies/procedures
centralization of record keeping and
standardization of decision making
changes in supervisory authority/responsibility

44. Building Effective Labour-Management Relations
institute open-door policy
extend courtesy of prior consultation
demonstrate genuine concern for employee
well-being
form joint study committees
hold joint training programs
meet regularly
use third-party assistance