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Labour Relations
Chapters 3,8,9
212
Law
Graduate
11/08/2012

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Term
Union
Definition
an organization of employees that has the objective of improving the compensation and working conditions of employees
Term
Union Density
Definition
the percentage of nonagricultural workers who are union members
Term
Province with Highest Union Density
Definition
Newfoundland and Labrador
Term
Province with Lowest Union Density
Definition
Alberta
Term
Industries with High Union Density
Definition
utilities, public administration, education and health care
Term
Industries with Low Union Density
Definition
banking and finance, accommodation and food
Term
Right to Work States
Definition
states in the united states prohibit the compulsory deduction of union dues
Term
Part-Time Union Density
Definition
23%
Term
Female Union Membership rates
Definition
Higher than Male membership rates
Term
Union Density for youth (15-24)
Definition
14%
Term
Craft Union
Definition
organize members of a trade or occupation
Term
Industrial Unions
Definition
Organize workers in different occupations in a firm
Term
Union Objective 1
Definition
Improving Terms and conditions of work
Term
Union Objective 2
Definition
Protecting against arbitrary management action
Term
Union Objective 3
Definition
Providing conflict resolution and employee input
Term
Union Objective 4
Definition
Pursuing Social and Economic change
Term
Process or Methods 1
Definition
organizing employees
Term
Process or Methods 2
Definition
Contract Negotiation
Term
Process or Methods 3
Definition
Strikes and boycotts
Term
Process or Methods 4
Definition
Grievances and arbitration
Term
Process or Methods 5
Definition
Court (legal) action
Term
Process or Methods 6
Definition
Political Activity
Term
Process or Methods 7
Definition
Public Relations
Term
Process or Methods 8
Definition
Union management collaboration
Term
Process or Methods 9
Definition
Other unilateral action
Term
Local Union
Definition
is an association of employees with its own officers and constitution
Term
Business Agent
Definition
a staff person who works for one or more locals providing support
Term
Functions of the Local Union
Definition
Negotiation of collective agreements
administration of the collective agreement
collection and processing of union dues
education of members
community service
political action
operation of a hiring hall
organizing workers
Term
Independent Local unions
Definition
locals not affiliated with a parent national or international union
Term
National Union
Definition
is a union whose membership is situated only in canada
Term
International Unions
Definition
have members in both Canada in the Unite States, with headquarters typically located in the United States
Term
Functions of National/International Unions
Definition
Assisting locals with contract negotiation
Assisting locals with grievances
Providing education and training for union members
providing strike assistance to locals
Engaging in political activity
Organizing Workers
Term
Trusteeship
Definition
refers to a parent union temporarily taking control of a local's management
Term
Labour Federations (Congresses)
Definition
Are associations of unions
Term
Directly chartered Union
Definition
receives a charter from a labour congress and is not affiliated with a national or international union
Term
Raiding
Definition
refers to one union persuading members of another union to change unions
Term
Functions of the Canadian Labour Congress
Definition
Lobbying the federal government regarding employment and labour relations legislation
pursuing economic and social policy favourable to workers at the federal level
managing jurisdictional disputes between unions
enforcing the CLC code of ethics
Education
Maintaining links with labour movements in other countries
Term
Provincial labour federations
Definition
organizations composed of unions in a province who belong to the CLC
Term
Labour Council
Definition
an association of unions in a municipality or region
Term
Yellow Dog Contracts
Definition
agreements that prohibit uniionnization (illegal)
Term
Business Unionism
Definition
focuses on the improvement of the terms of employment through negotiation with the employer
Term
Social Unionism
Definition
concerned with broad economic and social change the benefits all of society
Term
The Wagner Act (1935)
Definition
established the right to organize compulsory bargaining and prohibition of unfair labour practices in the united states
Term
Privy Council Order 1003 (1944)
Definition
established the rights and obligations fundamental to labour relations in Canada
Term
Social Contract Legislation
Definition
rolled back age increases in collective agreements
Term
Bargaining Structure
Definition
refers to the number of unions, employers, and establishments involved in contract negotiations
Term
Centralized bargaining
Definition
Refers to negotiations that cover more than one location, bargaining unit, or employer
Term
Industry Bargaining
Definition
is a centralized bargaining structure in which one negotiation covers all employees in an industry
Term
Decentralized Bargaining
Definition
refers to negotiations between one employer and one union for one location
Term
Whipsawing
Definition
involves establishing an agreement with one party and then using the agreement to pressure others
Term
Pattern bargaining
Definition
a union negotiates an agreement with one employer and then attempts to have it copied with other employers
Term
Distributive Bargaining
Definition
is a negotiation activity whereby limited resources are divided between the parties
Term
Integrative bargaining
Definition
is negotiation in which the parties objectives are not in conflict and joint gain is possible.
Term
Attitudinal Structuring
Definition
refers to the parties relationship and what they do to change it
Term
Intraorganizational bargaining
Definition
refers to activities within each side to build a consensus
Term
Containment Aggression
Definition
A relationship where the employer grudgingly accepts the union, and attempts to contain its influence
Term
Accommodation
Definition
Each of the parties recognize the legitimacy of the other and there is a moderate amount of respect between them
Term
Cooperative
Definition
the parties completely accept each other's legitimacy and are willing to work together
Term
Collusion
Definition
there is a coalition between the union and the employer to pursue common goals and practices that may be illegal.
Term
Factors affecting the union-management relationship
Definition
External Economic, Technological and Legal Factors
Personalities of Leaders
Beliefs and Values of Leaders
Experience with Collective Bargaining
Term
First Step in Negotiation Process
Definition
Notice to Bargain
Term
Statutory Freeze
Definition
means that the employer cannot change the terms and conditions of employment
Term
Second Step in Negotiation Process
Definition
Bargaining Teams Selected
Term
Third Step in Negotiation Process
Definition
Preparation of demands
Term
Fourth Step in Negotiation Process
Definition
Meetings
Term
Fifth Step in Negotiation Process
Definition
Concilliation/Mediation
Term
Sixth Step in Negotiation Process
Definition
Agreement
Arbitration
Strike/Lockout
Term
Caucus
Definition
a meeting of the union or employer bargaining team
Term
Non-Monetary Issues
Definition
issues that do not involve a direct financial cost
Term
Monetary Issues
Definition
are issues that involve a direct financial cost
Term
Duty to Bargain in Good Faith
Definition
means that both the union and the employer must make reasonable efforts to reach agreement
Term
Hard Bargaining
Definition
a legitimate attempt to obtain a favourable agreement
Term
Surface Bargaining
Definition
bargaining aimed at avoiding an agreement
Term
Action Deemed to Indicate Bad Faith 1
Definition
Surface Bargaining
Term
Action Deemed to Indicate Bad Faith 2
Definition
Refusal to meet
Term
Action Deemed to Indicate Bad Faith 3
Definition
Objections to composition of a bargaining team
Term
Action Deemed to Indicate Bad Faith 4
Definition
unlawful strike or lockout threats
Term
Action Deemed to Indicate Bad Faith 5
Definition
Circumventing the union
Term
Action Deemed to Indicate Bad Faith 6
Definition
Failing to provide information
Term
Action Deemed to Indicate Bad Faith 7
Definition
Failing to Explain Proposals
Term
Action Deemed to Indicate Bad Faith 8
Definition
Changing position without justification
Term
Action Deemed to Indicate Bad Faith 9
Definition
Last Minute Demands
Term
Action Deemed to Indicate Bad Faith 10
Definition
Illegal Demands
Term
First Contract Arbitration
Definition
provides for the imposition of an agreement where efforts to reach a first contract have failed
Term
Resistance point
Definition
is a negotiating party's bottom line the least favourable offer it will accept
Term
Target Point
Definition
is the result a negotiation party hopes to achieve
Term
Initial Position
Definition
is a party's first offer or demand in negotiations
Term
A Final Offer Vote
Definition
is a vote by employees on an offer made by the employer
Term
Ratification Vote
Definition
a vote in which employees approve or reject an agreement that has been negotiated
Term
Interest Based Bargaining
Definition
an approach to negotiations in which the parties use problem solving and attempt to find a settlement that produces gains for both
Term
Obey Now, Grieve Later
Definition
a rule that summarizes the requirement that employees must obey management instructions and file a grievance at a later time
Term
Functions of Grievance and Arbitration Process
Definition
Provides a dispute settlement mechanism
ensures compliance with the collective agreement
provides a forum for additional bargaining during the term of the collective agreement
Term
Grievance and arbitration Benefits to the Employer, Union and Employees
Definition
Settles disputes without interruption of work
settles disputes prior to next round of negotiations
Term
Grievance and Arbitration benefits to management
Definition
provides a communication or consultation mechanism
establishes a check on the quality and consistency of management decisions
Provides a voice mechanism which reduces turnover
Term
Grievance and Arbitration Benefits to unions and union officials
Definition
provides a potential pressure tactic
provides a method to oppose or resist management directives
Term
Grievance and Arbitration benefits to Employees
Definition
Provides a review of workplace decisions by outside party
Increases job security
Term
Grievance Rate
Definition
is the number of grievances filed divided by the number of employees in the bargaining unit
Term
Ownership of the Grievance
Definition
refers to the issue of who decides whether a grievance is filed, settled, withdrawn, or referred to arbitration
Term
Privileged Communications
Definition
refers to discussions that cannot be referred to at an arbitration hearing
Term
Without Prejudice
Definition
Documents cannot be referred to at a subsequent arbitration hearing
Term
Waiver
Definition
is a legal concept that if a party does not object to a procedural error it cannot raise the issue later
Term
Minutes of Settlement
Definition
a document that sets out the terms of an agreement to resolve a grievance
Term
Without Precedent
Definition
is a basis for settlement that means it cannot be referred to in any subsequent proceedings
Term
Rights Arbitration
Definition
refers to the resolution of a dispute relating to the administration of a collective agreement
Term
Interest Arbitration
Definition
refers to the determination of the terms of a collective agreement
Term
Agreed Statement of Facts
Definition
sets out the matters that the parties have agreed upon
Term
Burden of Proof
Definition
Refers to who must prove the facts in dispute
Term
Argument in the Alternative
Definition
refers to a party making an argument it wishes the arbitrator to accept if its primary argument is not accepted
Term
Arbitrability
Definition
refers to whether an arbitrator has authority to hear a dispute
Term
Estoppel
Definition
a legal concept providing that if a party makes a representation that an issue will be dealt with in a manner different from the provision of the collective agreement, it will not be able to later insist upon the collective agreement being enforced as written
Term
Culminating Incident
Definition
is a doctrine providing that if an employee has been guilty of an act of misconduct the employer is allowed to take into consideration the employer's previous record in determining the appropriate penalty
Term
Progressive Discipline
Definition
means the the employer imposes a lesser penalty for a first offense and applies more severe penalties if there is further misconduct
Term
Last Chance Agreement
Definition
provides that an employee guilty of misconduct will be retained or reinstated subject to conditions being met and will be discharged if the agreement is breached
Term
Constructive Layoff
Definition
refers to the reduction of hours for some employees
Term
Culpable Absenteeism
Definition
is absenteeism in which the employee is at fault or there is blameworthy conduct
Term
Innocent absenteeism
Definition
is absenteeism where the employee has no control over the absence from work
Term
Duty of Fair Representation
Definition
prohibits the union from acting in a manner that is arbitrary, discriminatory or in bad faith
Term
Expedited Arbitration
Definition
enables faster resolution of disputes referred to arbitration by providing for shorter time limits in the process
Term
Grievance Mediation
Definition
is a confidential process in which a mediator helps the parties negotiate a settlement to a grievance
Term
Union Objectives
Definition
Improving terms and conditions of work
Protecting against arbitrary management action
Providing conflict resolution and employee input
Pursuing social and economic change
Term
Union Processes and Methods
Definition
Organizing employees
Contract negotiation
Strikes and boycotts
Grievances and arbitration
Court (legal) action
Political activity
Public relations
Union-management collaboration
Other unilateral action
Term
Functions of A Labour Council
Definition
Political activity
Training and education
Community work
Assisting locals on strike
Term
Union Density Canada vs. US
Definition
Political Environment: more favourable to unions in Canada
Legal Environment: more favourable to unions in Canada
Union Organizing Efforts: greater in Canada
Employer Opposition: greater in U.S.
Term
Fragmentation
Definition
Large Number of Small Unions
Term
Canadianization
Definition
shift from dominance by international to national unions
Term
Stages of Negotiation
Definition
Stage One Establishing Range
Stage two Search Phase
Stage three Crisis Phase
Term
Industrial Relations
Definition
Is the study of employment in union and non union organizations
Term
Labour Relations
Definition
is all aspects of the uion management relationship including te establishment of union bargaining rights, the negotiation process, and the administration of a collective agreement
Term
Common Law
Definition
refers to the rules of law that originate from the decisions of judges
Term
Reasonable Notice
Definition
is the notice period employers are required to provide to employee on the basis of factors, including age, position, and length of service
Term
Constructive Dismissal
Definition
Is a rule of law providing that fundamental changes made by a non-union employer to the terms of employment
Term
Macroeconomic environment
Definition
is the growth rate, unemployment rate, and the rate of inflation in the economy
Term
Nominal Wages
Definition
Wages that have no been adjusted for inflation
Term
Real Wages
Definition
are wages that have been adjusted for inflation
Term
Fiscal Policy
Definition
consists of changes in government spending and taxation to regulate employment levels and inflation
Term
Monetary Policy
Definition
consists f changes in the interest rate to regulate employment levels and inflation
Term
Price Elasticity of Demand
Definition
Refers to how much a change in price affects demand
Term
Elastic Demand
Definition
exists when the demand for a product is more price-responsive
Term
Inelastic Demand
Definition
Exists when the demand for a product is less price-responsive
Term
Non-Standard Work
Definition
is employment in other than traditional full time work. part time and temporary
Term
Trade Liberalization
Definition
Is the trend towards international agreements that reduce tariff barriers between countries
Term
Federally Regulated Employers
Definition
Those subject to federal employment and labour relation
Term
Secondary Picketing
Definition
Is picketing at a place other than the location of the labour dispute
Term
Concession Bargaining
Definition
Negotiation over employer demands for reductions in wages and benefits
Term
Labour Relations Strategy
Definition
how an employer deals with the unionization of its employees
Term
Competitive Strategy
Definition
refers to the basis on which a firm competes
Term
Cost Leadership
Definition
is a competitive strategy based on having the lowest price
Term
Differentation
Definition
competitive strategy based on having a distinctive or unique product
Term
Union Opposition
Definition
an employer strategy of attempting to remain union free
Term
Union Avoidance
Definition
Strategy aimed at preventing unionization using legal means to convince employees they do not need a union
Term
Union Acceptance
Definition
A strategy in which the employer remains neutral in an organizing attempt and if the attempt is successful tries to negotiate the best deal with the union
Term
Union Resistance
Definition
A strategy in which the employer attempts to limit the further spread of unionization in the organization
Term
Union Removal
Definition
strategy involves the employer attempting to rid itself of any unions
Term
High Commitment HR Strategy
Definition
involves the adoption of better technology and requires investment in training and development of human resources
Term
Low Commitment HR Strategy
Definition
involves traditional production methods, and a low emphasis on development of workforce skills
Term
Labour Relations Board
Definition
an independent body responsible for the administration of labour relations legislation
Term
Voluntary Recognition Agreement
Definition
an agreement between a union and an employer providing that the employer recognizes the union as the bargaining agent for employess
Term
Certification Process
Definition
A way for a union to obtain bargaining rights for employees by applying to the Labour Relations Board
Term
Organizing Committee
Definition
a group of employees who work on the campaign to sign up union members
Term
Fourfold Test
Definition
Determines if an individual is an employee by considering control, ownership of tools, opportunity for profit, and risk of loss
Term
Decertification
Definition
Process through which a union's right to represent employees is terminated by the labour relations board
Term
Open Period
Definition
the time span within which a second union can apply for certification
Term
Representation Vote
Definition
a secret ballot vote to determine if employees want a union to represent them
Term
Statutory Freeze
Definition
a period when the employer is prohibited from making changes in the terms of employement unless the change is carrying on business as usual
Term
Successor Rights
Definition
protect the rights of the union and any collective agreement if a business is sold
Term
Mandatory Terms
Definition
are provisions that must be included in collective agreements because they are required by legislation
Term
Voluntary Terms
Definition
are provisions that the parties agree to include in the collective agreement, however they are not required by legislation
Term
Recognition Article
Definition
a term in a collective agreement providing that the employer recognizes the union as the bargaining agent for a specified group of employees
Term
Mandatory Time Limits
Definition
Must be met and the grievance could be dismissed if a step is not taken within the time allowed
Term
Directory Time Limits
Definition
Viewed as a guide and it is possible that the grievance will be allowed to proceed even if the time limit is not met
Term
Check-Off
Definition
the deduction of union dues from employees' pay by the employer and remittance of the dues to the union
Term
Rand Formula
Definition
a collective agreement term requiring the deduction of union dues from all employees in the bargaining unit
Term
Closed Shop
Definition
where an individual must be a union member before being hired; new employees are hired through the union
Term
Open Shop
Definition
A place of work in which union membership is not required to obtain a job or to continue employment
Term
Union Shop
Definition
Where new employees do not have to be union members to be hired, bu must become union members within a specified number of days
Term
Maintenance of Membership
Definition
where employees are not required to join the union as a condition of employment but all workers who voluntarily join must maintain their membership for the duration of the agreement as a condition of employment
Term
Modified Union Shop
Definition
where non-union employees already employed do not have to join the union but all new employees must join, and those already members must remain in the union
Term
Management Rights
Definition
an article providing that management retains the authority to manage the organization, except as otherwise provided in the collective agreement
Term
Reserved or residual rights
Definition
a theory that the employer has all rights to manage the organization except as expressly restricted by the collective agreement
Term
Contracting Out
Definition
occurs when an employer arranges for another firm to do work that could be done by the employer's own employees
Term
Super Seniority
Definition
is a provision that specified union officers will be the last to be laid off
Term
Deemed Termination
Definition
is a contract term providing that an employee is dismissed if he or she is absent for a specified time
Term
Sufficient Ability Clause
Definition
a provision that the employee with the most seniority is awarded a job provided he or she has enough ability
Term
Relative or competitive ability clause
Definition
a provision that seniority will only be referred to if the skill and ability of two employees competing for a job are relatively equal
Term
Hybrid Seniority
Definition
Provision combines sufficient and relative ability
Term
COLA Cost of Living Allowances
Definition
provisions that provide an increase in pay for employees based on a formula linked to the rate of inflation
Term
are ministry representatives who attempt to assist the parties to reach an agreement
Definition
Conciliation Officers
Term
Conciliation Board
Definition
a three person panel that hears the parties and makes recommendations for a settlement
Term
Cooling Off Period
Definition
the time the parties must wait after conciliation before they can strike or lockout
Term
No Board Report
Definition
confirms that a conciliation board will not be appointed and begins the countdown to a strike or lockout
Term
Chilling Effect
Definition
refers to parties unwillingness to make concessions during negotiation
Term
Narcotic Effect
Definition
refers to the parties losing the capability to negotiate their own agreement
Term
Final Offer Selection
Definition
a type of arbitration in which the arbitrator chooses between the union's and employer's offers
Term
Total Package Final Offer Selection
Definition
the arbitrator selects all of the union's or the employer's offer
Term
Item by Item offer selection
Definition
the arbitrator chooses between the union and the employer offers separately for each contract issue
Term
mediation-arbitration
Definition
the third party first acts as a mediator and if no agreement is reached they act as an arbitrator and settles the dispute
Term
Back to Work Legislation
Definition
ends a strike or lockout and usually imposes arbitration
Term
Work to Rule Campaign
Definition
is a work slowdown carried out by strictly adhering to work rules and the collective agreement
Term
Rotating Strikes
Definition
occur when employees at different locations alternately stop working
Term
Hot Cargo Clauses
Definition
Allow employees to refuse to work with goods associated with an employer engaged in a labour dispute
Term
Replication Principle
Definition
Holds that an arbitration award should reflect the agreement that the parties would have reached in negotiations
Term
Designated or Controlled Strike
Definition
employees have the right to strike but a specified number of employees must continue working to provide essential services to the public
Term
Threat Effect
Definition
an upward pressure on non-union wags caused by the possibility that employees may unionize
Term
Crowding effect
Definition
is a downward pressure on non-union wages caused by an increased supply of labour in the non-union sector
Term
Tayloristic Work Principles
Definition
Include the separation of management and work activities and increasing efficiency through specialization
Term
Job Control Unionism
Definition
Emphasizes protection of jobs by controlling management and entails an adversarial relationship
Term
Quality Circles
Definition
are groups of employees who investigate problems relating to quality and make recommendations to management for improvements
Term
Problem Solving Groups
Definition
are teams of employees that consider issues and make recommendations to management
Term
Employee Management Committees
Definition
Are ongoing groups made up of management and employee representatives who advise management
Term
Self Directed Teams
Definition
groups of employees that take on functions previously performed by management
Term
Co Determination
Definition
A system in which mangement shares decision making authority with the union
Term
Salting
Definition
The organizing tactic of encouraging union members to take jobs in non-union establishments and having them work on organizing the workplace from the inside
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