Labour Relations SECOND EDITION PH SERIES IN HUMAN RESOURCES MANAGEMENT LARRY SUFFIELD LAMBTON COLLEGE ANDREWTEMPLER, SERIES EDITOR

Transcription

1 J-2O Labour Relations SECOND EDITION PH SERIES IN HUMAN RESOURCES MANAGEMENT LARRY SUFFIELD LAMBTON COLLEGE ANDREWTEMPLER, SERIES EDITOR UNIVERSITY OF WINDSOR PEARSON Prentice Hall Toronto

2 Foreword xiii Preface xv Acknowledgments xviii _, About the Author xix CHAPTER 1 INTRODUCTION TO LABOUR RELATIONS 1 Defining Labour Relations and Industrial Relations 2 Labour Relations Issue 1-1 Labour Relations Questions 4 Importance of Labour Relations 5 Employment Relationship 5 Key Considerations 1-1 Non-union vs. Unionized Workplaces 6 Unionized Employees: Terms and Conditions of Work 7 Employers: Costs and Productivity 8 Non-union Employees and the Public 8 Framework for Labour Relations 8 Systems Approach 8 Political Economy-Approach 9 A Framework for Labour Relations 10 Confrontation or Collaboration 13 Overview of This Book 14 CHAPTER 2 THE ENVIRONMENT 18 Economic Environment 19, Macroeconomic Environment 19 Government Economic Policy 20 Industry- and Firm-Level Demand Economic Trends and Issues Affecting Labour Relations. 23 Technology 27 Social Environment 28 Labour Relations Issue 2-1 Are Some News Media Slanted against Unions? 28 Labour Relations Issue 2-2 What Are Your Values and Beliefs Relating to Political Environment 29 Divided Jurisdiction 29 Legal Environment 31 Human Rights Legislation 31 Employers and Unions? 29 Key Considerations 2-1 Possible Measures to Accommodate 35 Key Considerations 2-2 Factors Determining Undue Hardship 36. Labour Relations Issue 2-3 When Is a Discriminatory Requirement a BFOQ? 38 The Canadian Charter of Rights and Freedoms 38

3 CHAPTER 3 UNIONS: OBJECTIVES, PROCESSES, STRUCTURE, AND HISTORY 45 Unions in Canada 46 Extent of Unionization 46 Types of Unions 51 Union Objectives and Processes 51 Improving Terms and Conditions of Work 51 Protecting Employees against Arbitrary Management Action 52 Providing a Process for Conflict Resolution, and Employee Input 53 Pursuing Economic and Social Change 53 Union Structure and Functions 53 Local Union 53 Key Considerations 3-1 Functions of a Local Union 5.5 Independent Local Unions 56 National and International Unions 56 Key Considerations 3-2 Functions of National and International Unions 58 Labour Congresses and Federations 59 Key Considerations 3-3 Functions of the Canadian Labour Congress 60 Labour Councils 61 Key Features of Union Structure 61 The Development of Unions and Labour Relations 62 Key Considerations 3-4 Events in the Development of Labour Relations.63 Early Unions 64 Entry of International Unions and Development of Labour Federations 65 Industrial Unions 66 Public Sector Unionization 68 Unions and Politics 68 Labour Relations Issue 3-1 Will Unions Remain in the NDP? 70 Recent Developments 70 Implications for Present-Day Labour Relations 72 CHAPTER 4 EMPLOYERS 77 Management Objectives and Processes 78 Efficiency or Productivity 79 Control 80 Employer Labour Relations Strategy 82 Factors Affecting an Employer's Labour Relations Strategy 82 Possible Employer Strategies 84 Strategies of Canadian Employers 85 Importance of Labour Relations Strategy 85 Alternative Approaches to HR Management 85 High-Performance Work Systems 86 Key Considerations 4-1 Policies and Practices for a High-Performance Organization 86

4 CHAPTER 5 GOVERNMENTS, LABOUR RELATIONS BOARDS, AND OTHER PARTIES 90 Government Objectives and Processes 91 Regulation of Labour Relations Processes 92 Regulation of Labour Relations Outcomes 92 Protection of the Public Interest 93 Government Employers: Objectives 93 Regulation of the Economy 94 Assistance to Industry 95 <... Regulating Market Practices and Results 95 Maintaining Office 97. Labour Relations Boards 97, Composition of Labour Relations Boards 98 Board Responsibilities 98 Key Considerations 5-1 Labour Relations Board Responsibilities 99 ' Procedure and Remedies 99, Other Parties 99 Arbitrators 100 Courts 100 CHAPTER 6 COLLECTIVE BARGAINING RIGHTS 102 The Unionization Decision 103 Why Employees Unionize 104 Why Employees Do Not Join a Union 106 How Bargaining Rights Are Obtained and Their Significance 108 Certification of a Union 109 Organizing Campaign 109 Application for Certification to Labour Relations Board. 110 Key Considerations 6-1 Factors Affecting When Certification Application Is Permitted 115 Conduct during Organizing and Certification Process 125 Employer Unfair Labour Practices 125 Key Considerations 6-2 Employer Unfair. Labour Practices 126 Permissible Employer Conduct 128 Key Considerations 6-3 Permitted Employer Conduct during an Organizing Campaign 128 Labour Relations Issue 6-1 What Employers Have Said in Response to a Union Organizing Campaign 129 Union Unfair Labour Practices 130 Remedies for Unfair Labour Practices 130 Labour Relations Issue 6-2 Should Certification without a Vote Be Available as a Remedy for Unfair Labour Practices? 133 Decertification 133 Decertification Application by Employees 134 Certification of a Different Union 137

5 Additional Grounds for Decertification 137. Successor Rights 138 Appendix to Chapter 6: Collective Bargaining Rights Appendices 145 CHAPTER 7 THE COLLECTIVE AGREEMENT 162 Importance of Collective Agreements 163 Legal Requirements for Collective Agreements 164 Mandatory and Voluntary Terms 164 Collective Agreement Terms 165 Recognition 165 Key Considerations 7-1 Recognition Article 165 Grievance and Arbitration Procedure 166 Labour Relations Issue 7-1 Can the Collective Agreement Prevent Probationary Employees from Challenging Dismissal? 169 Key Considerations 7-2 Grievance and Arbitration Procedure 171 Bargaining Unit Work 171 Strikes and Lockouts 172 Duration or Term of the Agreement 172 Key Considerations 7-3 Protection of Bargaining Unit Work 172 Union Security 173 Key Considerations 7-4 Union Security 175 Management Rights 175 Contracting Out 177 Labour Relations Issue 7-2 Does Management Have to Act Reasonably? 177 Key Considerations 7-5 Contracting Out 178 Discipline and Discharge 178 Key Considerations 7-6 Discipline and Discharge 179 Discrimination 179 Seniority: Establishment and Termination 180 Key Considerations 7-7 Seniority Definition, Establishment, and Termination 181 Labour Relations Issue 7-3 Can the Collective Agreement Deny Seniority and Benefits to Disabled Employees? 183 Seniority: Application to Layoffs, Recalls, and Job Vacancies 183 Key Considerations 7-8 Seniority Application to Layoffs, Recalls, and Job Vacancies 184 Health and Safety 185 Key Considerations 7-9 Health and Safety 186 Wages 186 Holidays and Holiday Pay 187 Key Considerations 7-10 Holidays and Holiday Pay 187 Vacations 187 Benefits 187 Key Considerations 7-11 Vacations 188 Key Considerations 7-12 Benefits 188

6 Hours of Work and Scheduling 189 Key Considerations 7-13 Hours of Work and Scheduling 190 Overtime 190 Key Considerations 7-14 Overtime 191. i Technological Change 191 Key Considerations 7-15 Technological Change 192 Leave 192 Key Considerations 7-16 Leave 193 Union Business 194 Key Considerations 7-17 Union Business 195 Other Possible Terms 195 CHAPTER 8 NEGOTIATION OF THE COLLECTIVE AGREEMENT 204 Bargaining Structure 206 Possible Bargaining Structures 206, Centralized vs. Decentralized Bargaining, 207 Informal Bargaining Structure 208., Sub-processes in Negotiation 208, Distributive Bargaining 209. Integrative Bargaining 209 Attitudinal Structuring: Shaping the Parties' Attitudes and Relationship 209 Intraorganizational Bargainin 210.., Implications of Sub-processes in Negotiation 210 Union-Management Relationship 210 Types of Union-Management Relationships 211,, Factors Determining the Union-Management Relationship 212 Negotiation Process 212 Notice to Bargain 212 Bargaining Teams 213 Preparations for Negotiation 214 Meetings of the Bargaining Teams 215 Duty to Bargain in Good Faith 216 First Contract Arbitration 218 Strategies and Tactics in Distributive Bargaining 219 Bargaining Power 223 Labour Relations Issue 8-1 Should Labour Relations Legislation Prohibit the Conciliation and Mediation 226 : Use of Replacement Workers during a Strike? 225 Memorandum of Settlement and Ratification 226 Interest-Based or Mutual Gains Bargaining 227 : - ; Principles for Interest-Based Bargaining from Getting to Yes 227 Interest-Based Bargaining: An Illustration 228 Adoption of Interest-Based Bargaining 229

7 CHAPTER 9 ADMINISTRATION OF THE COLLECTIVE AGREEMENT 234 Labour Relations Issue 9-1 Can Unionized Employees and Employers Sue? 236 Significance of the Grievance and Arbitration Process 236 Functions of Grievances and Arbitration :236 Benefits of Grievances and Arbitration 238 Potential Employer Concerns Regarding the Grievance Process 239 Grievance Procedure 239 Informal Issue Resolution 239 Ownership of the Grievance 240 Procedural Matters 240 Settlement Agreements 241 Arbitration 241 Rights vs. Interest Arbitration 241 Arbitrators 242 The Nature of Arbitration 242 Arbitration Decisions 243 Arbitrability 244 Cost of Arbitration 244 Labour Relations Issue 9-2 When Is a Dispute Arbitrable? 244 Remedies 245 Management Rights 245 Limitations on the Exercise of Management Rights 245 Labour Relations Issue 9-3 Can an Employer Require Flu Vaccinations? 246 Discipline and Discharge 248 J Possible Grounds for Discipline or Discharge 249 Procedural Matters 250 Possible Discipline 250 Arbitration Issues and Outcomes 251 Labour Relations Issue 9-4 Is Surreptitious Videotape Admissible as Evidence? 252 Key Considerations 9-1 Factors Arbitrators Consider When Reviewing Discipline Imposed by the Employer 253 Last Chance Agreements 254 Implications for Employers and Unions 254 Key Considerations 9-2 Considerations for Employers When Imposing Discipline 255 Key Considerations 9-3 Considerations for Unions Responding to Discipline 255 Seniority 256 Accumulation and Termination of Seniority 256 Job Posting and Selection Process 256 Layoffs 256 Recalls 257 Assessing Skill and Ability 257. Key Considerations 9-4 Ways to Increase the Validity and Fairness of Employment Interviews 258

8 Remedies at Arbitration 258 Human Rights Issues in the Administration of the Agreement 258 Employer and Union Obligations 259 Employee Obligations 261 Nondisciplinary Measures for Innocent Absenteeism 261 Culpable vs. Innocent Absenteeism Nondisciplinary Discharge 261 Responses Other Than Discharge 262 Duty of Fair Representation 262 Nature of the Union's Duty of Fair Representation 262 Implications for Employers and Unions 263 Problems with Arbitration 264 Expedited Arbitration 264 Grievance Mediation 264 CHAPTER 10 CONTRACT DISPUTE RESOLUTION, STRIKES, AND LOCKOUTS 272 Contract Dispute Resolution 273 Key Considerations 10-1 Contract Dispute Resolution Policy Issues 274 Types of Third-Party Assistance 274 Other Dispute Resolution Methods 278 Use of Third-Party Assistance and Back-to-Work Legislation 279 Strikes and Lockouts 279. Strikes and Lockouts Defined 279 Significance of Strikes 280 Labour Relations Issue 10-1 What Are the Effects of Strikes and Lockouts? 281 Functions of Strikes 281 Factors Affecting Strikes 281 When Can the Parties Strike or Lockout? 284 Labour Relations Issue 10-2 Should a "Hot Cargo" Clause Be Enforceable? 286 Strike Activity and the End of a Strike 287 Extent of Strike Activity 289 Appendix to Chapter 10: Third Party Assistance in Contract Disputes 293 CHAPTER 11 PUBLIC SECTOR LABOUR RELATIONS 304 The Public Sector: Size and Importance 305 Definition of the Public Sector 305 Scope of the Public Sector 306 Importance of the Public Sector 306 Development of Collective Bargaining in the Public Sector 306 Labour Relations Issue 11-1 Should Teachers Be Allowed to Strike? 307 Distinctive Features of Public Sector Labour Relations 307 Employers 307 Employees and Unions 308 Legislative Framework 309

9 Establishment of Bargaining Rights 309 Contract Negotiation 309 Contract Dispute Resolution 309 Key Considerations 11-1 Advantages and Disadvantages of Alternative Contract Dispute Resolution Mechanisms 311 Recent Developments in Public Sector Labour Relations 313 CHAPTER 12 SUMMARY AND FUTURE OF LABOUR RELATIONS 317 Effects of Unionization 318 Compensation 319 Productivity 321 Profitability 321 Investment 321 Employment 322 Employer Recruiting and Selection Practices 322 Training 322 Managerial Control and Decision-Making 323 Overview of Traditional Labour Relations System 323 Key Considerations 12-1 Features of Job Control Unionism 324 Changing Labour Relations and Employee Involvement 324 Forms of Employee Involvement 324 Implications of Employee Involvement 325 Employee Involvement under the Collective Agreement 326 Employee Involvement outside of the Collective Agreement 326 Key Considerations 12-2 Possible Union Views Regarding Employee Involvement 327 Employer Freedom of Action and Union Reaction 327 Outcomes of Employee Involvement 328 Implementing an Employee Involvement Program 329 Key Considerations 12-3 Barriers to Employee Involvement 330. Future of Labour Relations 330 Unions 330 Confrontation or Collaboration? 333 Appendix A Cases 338 Appendix B Grievance and Arbitration 348 Appendix C Contract Negotiation Simulation 351 Appendix D Endnotes 365 Index 373 Canadian Council of Human Resources Associations' Required Professional Capabilities 361