HRM 5th chapter 14 the dynamics of labour relations

The Dynamics of
Labour Relations

Managing Human Resources
Belcourt * Bohlander * Snell

5th Canadian edition
PowerPoint Presentation by

Copyright © 2008 by Nelson, a division of Thomson
Canada Limited.
All rights reserved.

Monica Belcourt, York University and
Charlie Cook, The University of West Alabama


Objectives

After studying this chapter, you should be able to:
1.

Identify and explain the federal and provincial
legislation that provide the framework for labour
relations.

2.

Explain the reasons employees join unions.

3.

Describe the process by which unions organize
employees and gain recognition as their bargaining
agent.

4.

Discuss the bargaining process and the bargaining
goals and strategies of a union and an employer.

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Objectives

(cont’d)
After studying this chapter, you should be able to:
5. Differentiate the forms of bargaining power
that a union and an employer may utilize to
enforce their bargaining demands.
6. Describe a typical union grievance procedure
and explain the basis for arbitration awards.

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Government Regulation of Labour Relations
• The Industrial Relations Disputes and Investigation Act
• Canada Labour Code

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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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Labor Relations Process
1.

Workers desire collective representation.

2.

Union begins its organizing campaign.

3.

Collective negotiations lead to a contract.

4.

The contract is administered.

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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.
• To comply with union-shop provisions of the collective
agreement in effect where they work.

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The Labour Relations Process

Figure 14.1

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Organizing
Campaigns
Steps
Stepsin
inthe
the
Organizing
Organizing
Process
Process

Union/Employee
Union/EmployeeContact
Contact
Initial
Initial Organizational
Organizational
Meeting
Meeting
Formation
Formationof
of In-House
In-House

Committee
Committee
Application
Applicationto
tolabour
labour
relations
relationsboard
boardand
and
issuance
issuanceof
ofcertificate
certificate
Election
Election of
ofbargaining
bargaining
committee
committeeand
and contract
contract
negotiations
negotiations

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United Food and Commercial Workers
International Union Authorization Card

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Employer Tactics Opposing Unionization
• Stressing favourable employer-employee relationship
experienced without a union.
• Emphasize current advantages in wages, benefits, or working
conditions the employees may enjoy.
• Emphasize unfavourable aspects of unionism: strikes, union
dues.
• Initiate legal action when union members and leaders engage
in unfair labour practices.

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Employer “Don’ts”
Duringduring
Union Organizing
Campaigns Campaigns
Employer
“Don’ts”
Union Organizing

• 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.

Figure 14.2

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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.

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How Employees Become Unionized
• Voluntary recognition
• Regular certification
• Prehearing votes

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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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Decertification
• If the majority of employees indicate that they do not want to
be represented by the union
or
• They want to be represented by another union or
• If the union failed to bargain

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Impact of Unionization on Managers
• Challenges to Management Prerogatives

 Management prerogatives versus union participation
in decision-making in the work place.
• Loss of Supervisory Authority

 Constraints on management in directing and
disciplining the work force by terms of the collective
bargaining agreement.

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Structures, Functions, and Leadership of
Labour Unions
• Craft unions

 Unions that represent skilled craft workers
• Industrial unions

 Unions that represent all workers—skilled,
semiskilled, unskilled—employed along industry lines
• Employee associations

 Labour organizations that represent various groups of
professional and white-collar employees in labourmanagement relations.

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Types of Unions
• The Canadian Labour Congress
• International and National unions
• Local unions

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Typical Organization of a Local Union
Local
LocalUnion
UnionMeeting
Meeting (Normally
(NormallyMonthly)
Monthly)
Business
Business
Representative
Representative

President
President

Secretary/Treasurer
Secretary/Treasurer
Vice-Presidents
Vice-Presidents

Sergeant
SergeantatatArms
Arms

Various
VariousCommittee
CommitteeChairpersons
Chairpersons

Training

Trainingand
and
Education
Education

Grievance
Grievance
Committee:
Committee:
Chief
ChiefSteward
Stewardand
and
Shop
Stewards
Shop Stewards

Collective
Collective
Bargaining
Bargaining

Social
Social

Local
LocalUnion
UnionMembers
Members

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Structure and Functions of Local Unions
• Local Officers

 Elected officials who lead the union and serve on the
bargaining committee for a new contract.
• Union Steward

 An employee, as a nonpaid union official, represents
the interests of members in their relations with
management.
• Business Unionism

 The term applied to the goals of labour organizations,
which collectively bargain wages, hours, job security,
and working conditions.

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Labour Relations in the Public Sector
• Political nature of the labour management relationship

 Alternate services are not available

 Source of management authority
 Strikes in public sector- essential services

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Types of Arbitration
• Compulsory Binding Arbitration

 A process for employees such as police officers,
firefighters, and others in jobs where strikes cannot
be tolerated to reach agreement.
• Final-offer Arbitration

 The arbitrator must select one or the other of the final
offers submitted by the disputing parties with the
award is likely to go to the party whose final
bargaining offer has moved the closest toward a
reasonable settlement.

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The Collective Bargaining Process

Figure 14.4

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The Bargaining Process
• Collective Bargaining Process

 The process of negotiating a collective agreement,
including the use of economic pressures by both
parties.
• Bargaining Zone

 Area within which the union and the employer are
willing to concede when bargaining.
• Interest-based Bargaining

 Problem-solving bargaining based on a win-win
philosophy and the development of a positive longterm relationship.

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