COURSE OUTLINE. School of Business SCHOOL: Business and Management DEPARTMENT: Human Resources Management PROGRAM: Labour Relations COURSE TITLE:

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1 OUTLINE SCHOOL: DEPARTMENT: PROGRAM: TITLE: School of Business Business and Management Human Resources Management Labour Relations CODE: HRMT 308 TOTAL HOURS: 45 PRE-REQUISITES/CO- REQUISITES: ELIGIBILITY FOR PRIOR LEARNING ASSESSMENT AND RECOGNITION (PLAR): HRMT 301 Yes ORIGINATED BY: Jim McVittie REVISED BY: Jim McVittie, July 2007 DATE: FALL 2008 APPOVED BY: Chair/Dean Students should keep all course outlines for each course taken at Centennial College. These may be used to apply for transfer of credit to other educational institutions. A fee may be charged for additional or replacement copies.

2 Course Title: Labour Relations CENTENNIAL COLLEGE Course Code: HRMT-308 DESCRIPTION: This course provides students with a broad introduction to Labour Relations in Canada. It is intended to assist those with little or no prior knowledge of labour relations in acquiring a basic level of knowledge about this subject. LEARNING OUTCOMES: Upon successful completion of the course students will be able to: 1. Identify and explain key labour relations terminology and concepts. 2. Describe the historical development of the Canadian labour movement and explain the relevance of this development for the contemporary labour movement and trade unionism. 3. Describe the structure and practice of modern unionism in Canada. 4. Describe and explain contemporary employer approaches to unions and labour relations. 5. Describe how new unions are organized and bargaining relationships established. 6. Describe how collective agreements are negotiated. 7. Identify and describe the mechanisms that exist to resolve interest disputes. 8. Describe the structure and process of contract administration. 9. Identify and describe important issues in grievance arbitration. 10. Identify and discuss emerging issues in Canadian labour relations. Upon completion of the bargaining simulation students will be able to assist in both the preparation of a collective bargaining strategy and in the contract negotiation process. ESSENTIAL EMPLOYABILITY SKILLS (EES); This course supports the students ability to: communicate clearly, concisely and correctly in the written, spoken, and visual form that fulfills the purpose and meets the needs of the audience. respond to written, spoken, or visual messages in a manner that ensures effective communication. execute mathematical operations accurately. apply a systematic approach to solve problems. use a variety of thinking skills to anticipate and solve problems. locate, select, organize, and document information using appropriate technology and information systems. analyze, evaluate, and apply relevant information from a variety of sources. show respect for the diverse opinions, values, belief systems, and contributions of others. interact with others in groups or teams in ways that contribute to effective working relationships and the achievement of goals. manage the use of time and other resources to complete projects. take responsibility for one s own actions, decisions, and consequences PRIOR LEARNING ASSESSMENT & RECOGNITION PROCESS (ES): This course is available for PLA through: a) A comprehensive exam, and either b) An interview or c) A case study Issued & Revised by COLT: June 2007 THIS ADHERES TO ALL COLLEGE POLICIES (See College Calendar)

3 EVALUATION & GRADING SYSTEM: 2 - Written tests: Mid-term 15% Final (Comprehensive) 25% 1 Union research project (team mark) 15% 1 - Collective bargaining simulation (team mark) 35% 1 - Grievance arbitration simulation (team mark) 10% 100% Evaluative instruments worth 40% of the final grade must be administered, graded and returned to students before the deadline for withdrawal without academic penalty. Each instructor will distribute a detailed schedule of term assignments and related due dates. Final examinations should be retained for one year by the College; however, it is college policy to make final examination papers available to students for review on request. STUDENT ACCOMMODATION: All students have the right to study in an environment that is free from discrimination and/or harassment. It is College policy to provide accommodation based on grounds defined in the Ontario Human Rights Code. Accommodation may include changes or modifications to standard practices. Students with disabilities who require academic accommodations must register with the Centre for Student with Disabilities. Please see the Centre for Students with Disabilities for details. Students requiring accommodation based on human rights grounds should talk with their professors as early as possible. Details are available on the Centennial College website ( ) If students are unable to write an examination due to a medical problem or unforeseen family problems, they should immediately contact their professor or program Chair for advice. In exceptional and well-documented circumstances (e.g. unexpected family problems, serious illness, or death of a close family member), students should be able to write a make-up examination to replace an examination missed. TEXT AND OTHER INSTRUCTIONAL/LEARNING MATERIALS: Larry Suffield, Labour Relations, 2 nd Edition. Pearson ISBN: Additional material provided by the instructor USE OF DICTIONARIES: Students are permitted to use a bilingual paper dictionary during tests and exams. The invigilator reserves the right to examine the dictionary for any supplemental notations. There is to be no use of electronic devices including dictionaries. Probationary Policy: Please contact your academic department for details.

4 Course Title: Labour Relations Centennial College Course Code: HRMT-308 WEEK TOPIC/CONTENT READINGS LEARNING OUTCOMES INSTRUCTIONAL 1 Introduction Chapters 1 & 2 Differentiate between labour relations and industrial relations Explain the importance of studying and understanding labour/ industrial relations Describe the connections between labour/ industrial relations and the broader economic, social and political environments 2 The History and Development of the Canadian Labour Movement Chapter 3, pages Identify the impact of changes in the Canadian economy on the labour movement and the conduct of labour/ Industrial relations. Summarize the overall history and development of the Canadian labour movement Identify the principle forces at work in the development of the Canadian labour movement and assess the implications for contemporary labour/ industrial relations Identify the major historical cleavages within the Canadian labour movement, explain the basis of these disagreements and describe how they have contributed to the historical and contemporary organizational fragmentation of Canadian labour Analyze the impact of labour force fragmentation on the development of the Canadian labour movement and discuss the contributions made by various groups and communities. 3/ 4 Contemporary Unionism: Chapter 3, pages A Statistical Profile of the Labour Movement: Define the concept of union membership density and explain its importance Describe the pattern of aggregate union membership density and discuss the components

5 that make up the calculation Describe the uneven distribution of union membership across various sectors of the economy, identify important trends and assess the reasons for these variations Describe trends in union membership in terms of gender and type of employment Discuss important differences between union membership density in Canada and the United States The Structure of the Labour Movement Identify the different types of unions and explain the main features that distinguish them Identify the main structural components of trade union organization, their officers and other key personnel, their responsibilities and how they relate to one another administratively and financially Describe the main structural components of the Canadian Labour Congress, provincial federations of labour and local labour councils, their officers and other key personnel, their responsibilities and describe how they relate to one another and to unions administratively and financially. Governance: Explain how the constitutions/ by-laws and convention processes of unions/ central labour bodies govern how these organizations function Using the constitution/ by-laws of a given union/ central labour body, describe how its leaders are elected and policies determined

6 Analyze the operation of unions as complex political organizations Explain how political considerations impact on the union/management relationship. 5 Employers Chapter 4 Practice: Identify the main goals of unions and explain how they attempt to achieve these goals through collective bargaining and other means Describe what is meant by "union security" and identify common union security provisions in collective agreements including: union membership provisions, dues check-off and time for union business. Identify the most common forms of union membership requirements found in collective agreements. Describe the growth of non-standard employment and discuss its implications for union growth and security Describe the changing attitudes and behaviour of employers toward unions Describe the main features of the new industrial relations and human resources management Analyze the factors that gave rise to the new industrial relations and human resources management Explain the significance of these developments for unions and collective bargaining Discuss the divergence of Canadian and American behaviour toward unions Identify the main labour relations goals of employers and explain how they attempt to

7 achieve these goals through collective bargaining and other means Explain why "bargaining associations" are not more prevalent 6 Introduction to Labour Law Chapter 5 Historical Background: Describe how the legal status of unions has changed over time Explain the concept of the state Discuss the general philosophical orientation of the Canadian state to unions and collective bargaining and how this is embedded in legislation and practice Describe the constitutional distribution of responsibility for labour relations in Canada Explain the significance of the landmark judicial decision Toronto Electric Commissioners v. Snider. Explain the implications of the Toronto Electric Commissioners v. Snider for labour relations policy and employment law in general Identify the main principles embedded in current Canadian labour law and link them to their respective sources Survey of Contemporary Labour Law: Identify the different classes of labour relations legislation and discuss how the central principles of Canadian labour relations legislation are applied in modified fashion with respect to many classes of public sector employees The Ontario Labour Relations Act:

8 Summarize the topical contents of the Ontario Labour Relations Act (OLRA) Describe the coverage of the Act and explain why its scope (who it applies to) is an important public policy issue The Ontario Labour Relations Board: Describe the main administrative and adjudicative features of the Ontario Labour Relations Board Review and discuss an OLRB decision 7 Establishing and Maintaining Bargaining Rights Chapter 6; Appendix to Chapter 6 Organizing a Union: Explain why workers join unions Describe the typical steps whereby a union organizes a group of non-union workers Identify and discuss special issues associated with union organizing Certification (Establishing Bargaining Rights): Describe how a union applies for certification as the bargaining representative for a particular group of workers Describe the procedures and criteria used by the Ontario Labour Relations Board (OLRB) in processing a certification application Explain the concept of a certified bargaining unit Identify the criteria used by the OLRB in establishing bargaining units Describe how successive governments have altered how the OLRB structures bargaining units

9 and explain why this is an important issue Identify changes to the OLRA (Bill 40, Bill 7 and Bill 31) concerning certification and assess the implications of these changes for the establishment of bargaining rights Decertification (Losing Bargaining Rights): Identify the reasons why bargaining rights may be terminated Describe the procedures and criteria used by the OLRB in processing an application for decertification Successor Rights (Maintaining Bargaining Rights): Explain the concept of successor rights and describe OLRA provisions concerning successor applications Unfair Labour Practices: Explain the purpose of legal prohibitions against unfair labour practices Describe and discuss employer "unfair practices" prohibited by the OLRA Describe and discuss union "unfair practices" prohibited by the OLRA Explain how the first statutory freeze operates and its importance Identify and discuss the remedies available to the OLRB when unfair practices are committed Discuss the removal of automatic certification as a remedy for employer unfair practices (Bill 31) and critically assess its significance

10 8 Mid-term Test 15% 9 Collective Agreements Chapter 7 Discuss the importance of the collective agreements Identify the main legal requirements concerning the contents and operation of collective agreements Identify the mandatory contract provisions required by the Labour Relations Act and describe their importance Identify changes to the OLRA (Bill 40 and Bill 7) concerning the contents/ operation of collective agreements and discuss their implications Analyze the significance of language commonly found in collective agreements Assess the impact of the collective agreement on Human Resources Management Contract Negotiation Chapter 8 Bargaining in Bad Faith: Describe and discuss the statutory obligation to bargain in good faith Identify at least five (5) criteria used by Labour Boards to find that bargaining in "bad faith" has occurred Explain how it may be possible for an employer to meet their legal obligations to bargain in good faith and still engage in union busting activity Explain the purpose of first contract arbitration and critically assess its effectiveness Bargaining Structure: Explain the concept of bargaining structure Describe the typical structure of collective bargaining in Canada and identify those sectors in which alternative structures are in use

11 Identify the main costs and benefits associated with a centralized bargaining structure from both a union and management perspective Other Legal Requirements: Explain the process and legal requirements associated with contract ratification and a supervised vote on the employer s final offer Negotiating Collective Agreements: Identify and discuss the main theoretical and practical aspects of contract negotiation Describe the sources of union and management demands in contract negotiations Explain the concept of bargaining power and identify potential sources of bargaining power for unions and employers Explain how the interest based approach to negotiations presented in Getting to Yes differs from traditional positional bargaining Critically assess the merits of both approaches to negotiations Analyse the major positive and negative outcomes associated with Canadian industrial relations Analyse the major techniques available to reduce the level of industrial conflict in the work place and critically assess their effectiveness 10 Interest Dispute Resolution Chapter10, pages ; Appendix to Chapter 10 Types of Labour Disputes: Explain the difference between interest disputes and rights disputes in labour relations

12 Third Party Assistance: Interest Dispute Resolution Chapter 10, pages Identify and describe the main forms of third party assistance for resolving interest disputes Describe compulsory conciliation and outline the process by which the parties arrive in a legal strike/lockout position Describe the role played by a mediator and discuss why a mediator might have a better chance in assisting the parties to reach an agreement than a conciliation officer Explain why arbitration is rarely used to settle private sector interest disputes Review first contract arbitration as an exception to the general rule Strikes/ Lockouts: Describe the role played by strikes and lockouts in resolving disputes in contract negotiation Identify the different types of strikes Describe the criteria used to determine the legal status of a strike/ lockout Describe the respective rights of the parties involved in strike or lockout Analyse the factors that determine the effectiveness of strikes and lockouts Discuss the positive role played by the "strike threat" in the bargaining process Identify changes to the OLRA (Bill 40 and Bill 7) concerning strikes, including the use of replacement workers and critically assess their implications Picketing:

13 Identify and describe the rights of the parties concerning picketing 11/ 12 Rights Dispute Resolution Chapter 7, pages ; ; Chapter 9 Grievances: Identify the general purpose of the grievance procedure Describe the steps in a typical grievance procedure and explain how the process works Identify the factors contributing to the filing of grievances Discuss its advantages and disadvantages of the grievance procedure as a dispute resolution mechanism Assess different approaches to writing and responding to grievances and explain why this is an important issue Describe the behaviour of the parties in grievance settlement meetings Grievance Simulation: Learn how to settle grievances through participation in an interactive, competitive, adversarial simulated grievance settlement meeting Reflect and report on strategies/ tactics, relative success and participant learning Arbitration: Explain why arbitration is used to resolve rights disputes Describe the powers of an arbitrator/ arbitration

14 board Describe the limited grounds for a legal appeal of an arbitration award Describe the process by which an arbitration board is constituted or a single arbitrator appointed Describe how hearings are conducted and the manner in which the final award is made. Describe the major criteria used by arbitrators in making their decisions Describe the process of "expedited arbitration" as provided for in the Labour Relations Act and identify the problems it is intended to address Chapter 7, pages ; Chapter 9. Seniority: Describe the purpose of seniority provisions in the collective agreement, with special emphasis on their importance in contract administration; grievances and arbitration Describe how seniority is typically applied in practice Discuss the advantages and disadvantages associated with the use of seniority to make decisions Explain why the order in which the words ability, qualifications and seniority must be considered has serious implications for the administration of the collective agreement Describe the concept of bumping in the application of seniority provisions Chapter 7, pages ; Chapter 9. Discipline: Explain why employee discipline is a major rights dispute issue Identify and discuss the key issues associated with

15 employee discipline in the workplace especially as they pertain to grievances and arbitration Identify and describe the main features of the hotstove principles of employee discipline and discuss their importance in the context of grievances/arbitration. Describe the criteria used to determine if cause for discipline exists Describe the criteria used to determine the proper penalty in the application of discipline Explain the concept of a mitigating circumstances and their significance in the determination of the appropriate penalty Describe the process of progressive discipline and explain its purpose Explain the concept of a culminating incident in employee dismissal Critically assess the effectiveness of progressive discipline as a tool for modifying employee behaviour 13/14 Bargaining Simulation Provided by instructor 15 Final Examination: Comprehensive Learn and practice contract negotiation through participation in an interactive, competitive, adversarial bargaining simulation Plan bargaining strategies, cost bargaining proposals and negotiate changes to an existing collective agreement Participants will report what they attempted to achieve in the negotiations, evaluate how successful they were and assess what they learned from the Interactive collective bargaining simulation. 25%

16 POLICY STATEMENTS College Policies The following statements are selected from Centennial College policies approved by the Board of Governors. Student Responsibilities Students are expected to know the contents of the course outline and to discuss with the professor any areas where clarification is required. Students should keep all course outlines for each course taken at Centennial College. These may be used to apply for transfer of credit to other educational institutions. A fee may be charged for additional or replacement copies. Other Policies Students should familiarize themselves with all College Policies that cover students rights, responsibilities, and the Academic Appeal process. For further information, consult the Academic Matters Section in the full-time and continuing education calendars. The Academic Appeal Application form is available from any Enrolment Services (Registrar) Office. Proof of Student Status Students are obliged to produce official photo identification at any time during the semester when requested to do so by any professor. (The official piece is the Centennial Student Card.) Continuing Education students do not have Centennial Student Cards, and so they may use other forms of photo identification, such as a driver s license, health card, or other governmentissued photo identification. Final Examinations When writing a test or examination, students must put their official photo-id cards in full view, for review by the invigilator. Students who do not have official photo-id will be permitted to write the examination with a substitute photo-id, but they will be required to produce photo-id at the program or department office within 24 hours or the next business day following the examination, or else the examination results will be void. Faculty Consultation Professors are available to see students outside of class time. Students can contact professors via voice mail, , or through their program or department office. Information regarding how to contact teachers will be provided at the beginning of the course and is also available in the program or department office. Human Rights Statement It is the policy of the College that all programs will strive for a learning, teaching, and working environment that promotes inclusion, understanding and respect for all students and employees, consistent with the Ontario Human Rights Code and the Centennial College's Statement of Diversity.