1. The Dynamics of Labour Relations
Managing Human Resources - Unit 14
The Dynamics of Labour Relations
Copyright © 2011 by Nelson Education Ltd.

2. Managing Human Resources - Unit 14
Learning Outcomes
After studying this chapter, you should be able to:
Identify and explain the federal and provincial legislation that provide the framework for labour relations.
Explain why employees join unions.
Describe the process by which unions organize employees and gain recognition as their bargaining agent.
Discuss the bargaining process and the bargaining goals and strategies of a union and an employer.
Differentiate the forms of bargaining power that a union and an employer may utilize to enforce their bargaining demands.
Describe a typical union grievance procedure and explain the basis for arbitration awards.
Copyright © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.

3. Government Regulation of Labour Relations
Managing Human Resources - Unit 14
Government Regulation of Labour Relations
The Industrial Relations Disputes and Investigation Act
Canada Labour Code
Copyright © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.

4. Labour Relations Board
Administrating the statutory procedures for the acquisition, transfer and termination of bargaining rights.
Hearing complaints related to unfair labour practices.
Supervising strikes and lock out votes.
Determining whether bargaining was done in good faith.
Remedying violations of collective bargaining legislation.
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5. Labour Relations Process
Step 1
Workers desire collective representation
Step 2
Union begins its organizing campaign
Step 3
Collective negotiations lead to a contract
Step 4
The contract is administered
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6. Why Employees Unionize
As a result of economic needs
(wages and benefits)
Dissatisfaction with managerial practices
To fulfill social and status needs
Unionism is viewed as a way to achieve results they cannot achieve acting individually
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7. Organizing Campaigns Organizing Steps Union/Employee Contact
Initial Organizational Meeting
Formation of In-House Committee
Application to Labour Relations Board
Issuance of Certificate by LRB
Election of Bargaining Committee and Contract Negotiations
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8. Employer Tactics Opposing Unionization
Managing Human Resources - Unit 14
Employer Tactics Opposing Unionization
Include:
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Copyright © 2011 by Nelson Education Ltd.

9. Figure 14.2 Employer “Don’ts” During Union Organizing Campaigns
Attending union meetings, spying on employee-union gatherings, or questioning employees about the content of union meetings
Questioning present or current employees about their union sentiments, particularly about how they might vote in a union election
Threatening or terminating employees for their union support or beliefs
Changing the working conditions of employees because they actively work for the union or simply support its ideals
Supplying the names, addresses, and phone numbers of employees to union representatives or other employees sympathetic to the union
Promising employees improvements in working conditions (wage increases, benefit improvements, and so on) if they vote against the union
Accepting or reviewing union authorization cards or pro-union petitions, because employees’ names are listed on these documents
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10. Unfair Labour Practices for Unions
Unions are prohibited from interfering with the formation of an employer’s organization.
Unions cannot intimidate or coerce employees to become or remain members of a union.
Unions cannot force employers to dismiss, discipline or discriminate against non-union employees.
Unions must provide fair representation for all employees in the bargaining unit.
Copyright © 2011 by Nelson Education Ltd.

11. How Employees Become Unionized
Managing Human Resources - Unit 14
How Employees Become Unionized
Voluntary recognition
Regular certification
Pre-hearing votes
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Copyright © 2011 by Nelson Education Ltd.

12. Contract Negotiation
Once the bargaining unit has been certified by the Labour Relations Board, the employer and the union must bargain in good faith over the terms and conditions of a collective agreement.
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13. Decertification
If the majority of employees indicate that they do not want to be represented by the union or that
They want to be represented by another union or
If the union failed to bargain
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14. Impact of Unionization on Managers
Managing Human Resources - Unit 14
Impact of Unionization on Managers
Challenges to Management Prerogatives
Loss of Supervisory Authority
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Copyright © 2011 by Nelson Education Ltd.

15. Structures, Functions, and Leadership of Labour Unions
Managing Human Resources - Unit 14
Structures, Functions, and Leadership of Labour Unions
Craft unions
Industrial unions
Employee associations
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Copyright © 2011 by Nelson Education Ltd.

16. Types of Unions The Canadian Labour Congress
International and National Unions
Local Unions
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17. Structure and Functions of Local Unions
Managing Human Resources - Unit 14
Structure and Functions of Local Unions
Shop Steward
Business Agent
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Copyright © 2011 by Nelson Education Ltd.

18. Labour Relations in the Public Sector
Legislation
Political nature of the labour management relationship
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19. Managing Human Resources - Unit 14
Types of Arbitration
Compulsory Binding Arbitration
Final-offer Arbitration
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Copyright © 2011 by Nelson Education Ltd.

20. The Bargaining Process
Process of negotiating a collective agreement, including the use of economic pressures by both parties.
Typical provisions:
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21. Preparing for Negotiation
Gathering bargaining data
Bargaining teams
Developing bargaining strategies
Negotiating the collective agreement
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22. The Bargaining Process
Managing Human Resources - Unit 14
The Bargaining Process
Bargaining Zone
Interest-based Bargaining
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Copyright © 2011 by Nelson Education Ltd.

23. Highlights in HRM 14.7 Items in a Collective Agreement
Typical clauses will cover:
Union security
Wages
Seniority
Grievance procedures
Transfers
Pensions and benefits
Vacations
No strike/no lockout clause
Discipline
Outsourcing
Holidays
Overtime
Work schedules
Safety procedures
Management rights
Severance pay
Progressive clauses will cover:
Employee access to records
Limitations on use of performance evaluation
Elder care leave, child care, work-family balance provisions
Flexible medical spending accounts
Protection against hazards of technology equipment
Limitations against electronic monitoring
Bilingual stipends
Domestic partnership benefits
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24. Management and Union Power in Collective Bargaining
Managing Human Resources - Unit 14
Management and Union Power in Collective Bargaining
Bargaining Power
Union Bargaining Power
Management Bargaining Power
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Copyright © 2011 by Nelson Education Ltd.

25. Union Power in Collective Bargaining
Managing Human Resources - Unit 14
Union Power in Collective Bargaining
Unfair
Don’t
Buy Here
Boycott
Our
Employer
This Union
On Strike On
Strike
Boycotting
Striking
Picketing
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26. Employer Power in Collective Bargaining
Managing Human Resources - Unit 14
Employer Power in Collective Bargaining
Management methods for applying economic pressure during bargaining
Operating during the strike
Locking out workers
Hiring replacement workers, where allowed
Stock piling goods
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27. Resolving Bargaining Deadlocks
Mediators
Arbitrators
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28. The Collective Agreement
Defined Rights
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29. Union Security Agreements
Managing Human Resources - Unit 14
Union Security Agreements
Dues Checkoff
“Shop” Agreements
Closed shop
Union shop
Agency shop
Open shop
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Copyright © 2011 by Nelson Education Ltd.

30. Administration of the Collective Agreement
Negotiated grievance procedures
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31. The Grievance Procedure in Action
Initiating the formal grievance
Grievance resolution
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32. Grievance Arbitration
Managing Human Resources - Unit 14
Grievance Arbitration
Rights arbitration
The decision to arbitrate
The arbitration process
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Copyright © 2011 by Nelson Education Ltd.

33. The Arbitration Hearing
Managing Human Resources - Unit 14
The Arbitration Hearing
The arbitrator declares the hearing open and obtains the submission to arbitrate.
Parties present opening statements.
Each side presents its case using witnesses and evidence; witnesses can be cross examined.
Parties make closing statements.
Arbitrator closes hearing and designates date and time for rendering the award.
Copyright © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.

34. Managing Human Resources - Unit 14
The Arbitration Award
Four factors arbitrators use to decide cases:
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Copyright © 2011 by Nelson Education Ltd.

35. Problems with Grievance Arbitration
Too long B
Cumbersome and costly C
Fear of retaliation D E
Unions own the process
Limited by collective agreement
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