1. 07 Winter472.422 HR Collective Bargaining 472.24

2. 07 Winter472.422 Negotiations ch 12

3. 07 Winter472.422 Players Owners

4. 07 Winter472.422 Negotiations  learning by doing review  What happened?  What general principles can we draw?

5. 07 Winter472.422 Negotiations distributive integrative

6. 07 Winter472.422 Negotiations What is the purpose of a negotiation? to agree conflict is the means but the goal is agreement this is unlike almost any other situation

7. 07 Winter472.422 Negotiations conflict war victory defeat elections

8. 07 Winter472.422 Negotiations conflict court cases resolution

9. 07 Winter472.422 Negotiations discussion business negotiations resolution marriage counseling

10. 07 Winter472.422 Negotiations conflict labour contract negotiations agreement Human beings are not wired this way.

11. 07 Winter472.422 Negotiations  never do negotiations on your own  labour relations lawyer if a union involved if a union not involved  however it’s management’s responsibility to set terms management may also do most of the talking

12. 07 Winter472.422 Unions an association of employees  officially recognized  in similar trade  employed in same company/industry  collective voice in dealings with management Right to associate is fundamental

13. 07 Winter472.422 Canadian Labour Laws commonalities  certification procedures  minimum one year collective agreements  procedures preceding legal strike/lockout  no strikes/lockouts during life of contract

14. 07 Winter472.422 Canadian Labour Laws commonalities  interpretation disputes settle by binding arbitration  prohibition of unfair labour practices  labour relations boards to enforce legislation

15. 07 Winter472.422 Canadian Labour Laws commonalities  prohibited management actions interference with union activity by employees participating in union activity

16. 07 Winter472.422 Canadian Labour Laws commonalities  prohibited management actions penalizing employees for refusing to act as replacement workers changing/threatening to change working conditions during:  certification  collective bargaining  life of agreement

17. 07 Winter472.422 Canadian Labour Laws commonalities  prohibited management actions refusing to bargain in good faith intimidating employees  re union membership  particularly stringent during certification

18. 07 Winter472.422 Canadian Labour Laws commonalities  prohibited labour actions refusing to bargain in good faith intimidating employees re union membership

19. 07 Winter472.422 Canadian Labour Laws commonalities  prohibited labour actions conducting union business on company time or premises  without employer consent threatening/authorizing unlawful strike

20. 07 Winter472.422 Canadian Labour Laws commonalities  prohibited labour actions discrimination against union members on prohibited grounds failing to fairly represent all union members

21. 07 Winter472.422 Unions geographic scope  international  national  local affiliation  CLC  CSN  AFL-CIO

22. 07 Winter472.422 Unions in Canada challenges  unionization of white-collar employees McJobs

23. 07 Winter472.422 Unions in Canada challenges  innovative workplace practices  technological change  global competition

24. 07 Winter472.422 Unions in Canada challenges  shift to political right in US  many fundamental issues resolved  more sophisticated management

25. 07 Winter472.422 Unions in Canada challenges  aging membership  fewer manufacturing jobs government jobs  outsourcing union membership shrinking

26. 07 Winter472.422 Management Strategies Resistance Avoidance Acceptance

27. 07 Winter472.422 Management Strategies Resistance  strategies  problems strict laws vigilant watchdogs

28. 07 Winter472.422 Management Strategies Resistance Avoidance  strategies proactively address issues  open-door  prior consultation  demonstrate genuine concern for employee well-being  meet regularly  joint study committees & training programs process matters most

29. 07 Winter472.422 Management Strategies Resistance Avoidance  strategies immigration  problems

30. 07 Winter472.422 Management Strategies Resistance Avoidance Acceptance  not easy either

31. 07 Winter472.422 Why Employees Unionize lack of  job security  opportunity for advancement  influence on work-related decisions perceived  inequities in pay  administration of policies

32. 07 Winter472.422 Why Employees Unionize belief unions can  improve working conditions  improve pay job dissatisfaction

33. 07 Winter472.422 Signs of Organizing Activity  employee lists/directories go “missing”  strangers in the parking lot  inquiries about benefits & wages increase  management’s opinion of unions sought  changes in number & nature of grievances informal employee groups  group meetings discussed  conversations stop as supervisor approaches

34. 07 Winter472.422 Employer Rights can:  express views on unions  state position on remaining non-union can call employees to meeting to say this if:  purpose stated in advance  attendance optional  no threats or promises  prohibit union activity on company property company time  increase wages in normal course of business

35. 07 Winter472.422 Employer Rights don’t:  pre-bargain “What would it take for you guys to keep out the union.”  passionate speeches ineffective appears weak tough to control your emotions  threaten

36. 07 Winter472.422 Collective Bargaining Violations of Good Faith Bargaining  surface bargaining  failing to make concessions  withdrawing previously granted concessions  failing to make reasonable proposals  imposing unreasonable conditions

37. 07 Winter472.422 Collective Bargaining Violations of Good Faith Bargaining  making unilateral changes in conditions  bypassing formal representatives  committing unfair labour practices during negotiations  failing to provide information

38. 07 Winter472.422 Collective Bargaining Preparing for negotiations  get a lawyer

39. 07 Winter472.422 Collective Bargaining Preparing for negotiations  gather data existing contracts  union promises grievances wage/benefit surveys other collective agreements other arbitration awards and LRB rulings supervisors’ input  review strategic plan costing ability to pay

40. 07 Winter472.422 Collective Bargaining Preparing for negotiations  establish bargaining team prepare bargaining plan/strategy/guidelines  communication strategy with senior mgmt  obtain multi-employer coordination if required  develop 2 contingency plans

41. 07 Winter472.422 Collective Bargaining typical provisions  union recognition  management rights  no strikes or lockout  arbitration  grievance procedures  disciplinary procedures  compensation rates  benefits  hours of work  overtime pay  job security  seniority  health & safety  expiration date

42. 07 Winter472.422 With 1 st Contract expect  constraints time money actions

43. 07 Winter472.422 With 1 st Contract expect  changes organizational structure supervisory authority & responsibility management decision making how policies & procedures are formulated  centralized record keeping

44. 07 Winter472.422 With 1 st Contract expect  numerous grievances  lots of senior management conflict  depending on workplace prior to unionization may be some improvement in employee behaviour

45. 07 Winter472.422 Contract Administration seniority  length of service in bargaining unit  basis for transfer layoff promotion  when 2 candidates relatively equal skill ability

46. 07 Winter472.422 Contract Administration grievance  written allegation of contract violation filed by: individual union members union management

47. 07 Winter472.422 Contract Administration grievance  purpose resolve issues unanticipated when bargaining interpret contract language provide communication device satisfy political needs for union bring attention to contract areas requiring clarification or modification

48. 07 Winter472.422 Contract Administration grievance  steps 1.employee gives written grievance to supervisor 2.discussion by griever, hr, union steward 3.discussion by senior mgmt & top union officials 4.arbitration

49. 07 Winter472.422 Contract Administration grievance  problems may not stem from actual contract violations  perceived injustice  hurt feelings can be means to  test relative strength  push off problems

50. 07 Winter472.422 Contract Administration grieving discipline  employee has right to grieve disciplinary action they consider: too harsh without just cause  burden of proof on employer  may be setting precedents

51. 07 Winter472.422 Step Two—Union Organizing Campaign Step 5. Outcome Step 4. Organizing campaign The Union Organizing Process Step 3. Formation of in-house committee Step 2. Initial organization meeting Step 1. Employee-union contact

52. 07 Winter472.422 Dr. Conquel Passi & CoCosensEnnsHofmann How much equipLittleAllAlmost all Seminar whenJan 20By Jan 72-3 monthsJan SurveyNoYes – did itNoYes – planned Target groupProfsProfs & staffProfs & staff over 5 years All profs & staff Seminar length3 hrs4 hrs3 hrs1 hr StudentsYesNo Changed assistant’s job ;yes Employee discretionLotssomeLots What is the problem

53. 07 Winter472.422 HR groups measures  Desire to work  Work on your own Come Prepared Did what they said they would do  Contribute to good function of team Motivate others Positive attitude  Promptness – on time  Follow-through  Quality of work Accuracy of work Idea contributions  Quantity of work Effort  Leadership  Followership

54. 07 Winter472.422 measure