Labour Relations, Fifth Edition
By Larry Suffield and Gary L. Gannon
Contents:
Preface
Acknowledgements
About the Authors
1 Introduction to Labour Relations
Defining Labour Relations, Industrial Relations and Employee
Relations
HRM Professionals and Labour Relations
Labour Relations Issue 1-1 Labour Relations Questions
The Employment Relationship in Non-union and Union
Settings
The Employment Relationship
Key Considerations 1-1 Non-union vs. Unionized Workplaces
The Development of Unions and Labour Relations in Canada
Key Considerations 1-2 Events in the Development of Labour
Relations
Early Unions
Entry and Influence of International Unions
Early Labour Legislation and the Rise of Industrial
Unions
Public Sector Unionization
Frameworks for Labour Relations
Industrial Relations Systems Approach – John Dunlop
Key Considerations 1-3 Elements of Dunlop’s IR Systems
Model
“Open-system” Industrial Relations – Alton Craig
Political Economy Approach
Overview of This Book
2 The Environment
Economic Environment
Macroeconomic Environment
Government Economic Policy
Industry-and Firm-Level Demand
Other Economic Trends Affecting Labour Relations
Technology
Demograhics
Social Environment
Political Environment
Labour Relations Issue 2-1 What Are Your Values and Beliefs
Relating to Unions?
Divided Jurisdiction
Legal Environment
Human Rights Legislation
Key Considerations 2-1 Possible Measures to Accommodate
Key Considerations 2-2 Factors Determining Undue Hardship
The Canadian Charter of Rights and Freedoms
Labour Relations Issue 2-2 When Is a Discriminatory
Requirement a BFOR?
3 Employers: Objectives, Processes and Strategy
Management Objectives and Processes
Efficiency or Productivity
Control
Employer Labour Relations Strategy
Factors Affecting an Employer’s Labour Relations
Strategy
Possible Employer Strategies
Strategies of Canadian Employers
Importance of Labour Relations Strategy
Alternative HR Strategies or Approaches to HR Management
High-Performance Work Systems
Key Considerations 3-1 Policies and Practices for a High-
Performance Work System
Employee Relations Programs
Employee Communications
Key Considerations 3-2 Best Practices in Employee
Communications
Staff Recognition Programs
Employee Involvement
Forms of Employee Involvement
Employee Involvement Under the Collective Agreement
Employee Involvement Outside of the Collective
Agreement
Labour Relations Issue 3-1 Employee Involvement – Joint
Union-Management Committees
Further Considerations for Employee Involvement
Programs
Outcomes of Employee Involvement
Key Considerations 3-3 A Progressive Discipline Framework
Diversity Management
4 Unions: Objectives, Processes and Structure
Unions in Canada
Extent of Unionization
Types of Unions
Union Objectives and Processes
Improving Terms and Conditions of Work
Protecting Employees Against Arbitrary Management
Action
Providing a Process for Conflict Resolution and Employee
Input
Pursuing Economic and Social Change
Union Structure and Functions
Union Local
Key Considerations 4-1 Functions of a Union Local
Independent Local Unions
National and International Unions
Key Considerations 4-2 Functions of National and International
Unions
Labour Relations Issue 4-1 The Relationship Between a
National Union, Union Local, and Union Members
Labour Federations and Congresses
Key Considerations 4-3 Functions of the Canadian Labour
Congress
Labour Relations Issue 4-2 Unifor Splits from Canadian Labour
Congress
Labour Councils
Other Features of Union Structure
5 Governments, Labour Relations Boards, and Other Parties
Government Objectives and Processes
Regulation of Labour Relations Processes
Regulation of Labour Relations Outcomes
Protection of the Public Interest
Regulation of the Economy
Assistance to Industry
Regulating Market Practices and Results
Government Employers: Objectives
Maintaining Office
Labour Relations Boards
Composition of Labour Relations Boards
Key Considerations 5-1 Labour Relations Board
Responsibilities
Board Responsibilities
Procedure and Remedies
Labour Relations Issue 5-1 Labour Relations Boards: Part of a
Tri-Partite Employment Relationship
Other Parties
Arbitrators
Courts
Human Rights Tribunals
6 Union Organizing Drive and Certification
The Decision to Unionize
Why Employees Unionize
Why Employees Do Not Join a Union
External Factors Affecting Unionization
How Bargaining Rights are Obtained and Their Significance
Certification of a Union
Organizing Campaign
Application for Certification to Labour Relations Board
Labour Relations Issue 6-1 Determining Employee Status: The
Fourfold Test
Determination of Union Support
Conduct During Organizing and Certification Processes
Employer Unfair Labour Practices
Key Considerations 6-1 Employer Unfair Labour Practices
Permissible Employer Conduct
Key Considerations 6-2 Permitted Employer Conduct During
an Organizing Campaign
Labour Relations Issue 6-2 What Employers Have Said in
Response to a Union Organizing Campaign
Union Unfair Labour Practices
Remedies for Unfair Labour Practices
Decertification
Decertification Application by Employees
Certification of a Different Union
Additional Grounds for Decertification
Successor Rights
7 The Collective Agreement
Introduction
Collective Agreement Contents
Legal Requirements for Collective Agreements
Mandatory Terms
Union Recognition
Key Considerations 7-1 Union Recognition
Grievance and Arbitration Process
Key Considerations 7-2 Grievance and Arbitration Procedure
Strikes and Lockouts
Duration or Term of the Agreement
Voluntary Terms
Management Rights
Labour Relations Issue 7-1 Does Management Have to Act
Reasonably?
Bargaining Unit Work
Union Security
Key Considerations 7-3 Protection of Bargaining Unit Work
Key Considerations 7-4 Union Security
Labour Relations Issue 7-2 Can the Collective Agreement
Prevent Probationary Employees from Challenging Dismissal?
Seniority
Key Considerations 7-5 Seniority Definition, Establishment,
and Termination
Labour Relations Issue 7-3 Seniority Accumulation Protection
During Disability and Pregnancy & Parental Leave
Seniority: Application to Layoffs, Recalls, and Job
Vacancies
Key Considerations 7-6 Seniority Application to Layoffs,
Recalls, and Job Vacancies
Key Considerations 7-7 Discipline and Discharge
Discipline and Discharge
Hours of Work and Scheduling
Key Considerations 7-8 Hours of Work and Scheduling
Overtime
Key Considerations 7-9 Overtime
Public Holidays
Vacation
Key Considerations 7-10 Holidays and Holiday Pay
Key Considerations 7-11 Vacations
Leave of Absences
Key Considerations 7-12 Leave of Absences
Wages
Benefits
Key Considerations 7-13 Benefits
Key Considerations 7-14 Health and Safety
Health and Safety
Technological Change
Key Considerations 7-15 Technological Change
Contracting Out
Union Business
Key Considerations 7-16 Contracting Out
Prohibited Terms
Key Considerations 7-17 Union Business
8 Negotiation of the Collective Agreement
Bargaining Structure
Possible Bargaining Structures
Centralized vs. Decentralized Bargaining
Informal Bargaining Structure
Sub-processes in Negotiation
Intra-organizational Bargaining
Distributive Bargaining
Integrative Bargaining
Attitudinal Structuring: Shaping the Parties’ Attitudes and
Relationships
Implications of Sub-processes in Negotiation
Union–Management Relationship
Types of Union–Management Relationships
Factors Determining the Union–Management
Relationship
Negotiation Process
Notice to Bargain
Bargaining Teams
Preparations for Negotiation
Labour Relations Issue 8-1 Principles for Collective Bargaining
– Canadian Labour Congress
Meetings of the Bargaining Teams
Duty to Bargain in Good Faith
Key Considerations 8-1 Stages of Negotiation
First Contract Arbitration
Strategies and Tactics in Distributive Bargaining
Bargaining Power
Labour Relations Issue 8-2 Should Labour Relations Legislation
Prohibit the Use of Replacement Workers During a Strike?
Conciliation, Mediation, and Interest Arbitration
Memorandum of Settlement and Ratification
Interest-based or Mutual Gains Bargaining
Key Considerations 8-2 Principles for Interest-Based Bargaining
from Getting to Yes
Interest-Based Bargaining: An Illustration
Adoption of Interest-Based Bargaining
9 Strikes, Lockouts and Contract Dispute Resolution
Strikes and Lockouts
Strikes and Lockouts Defined
Labour Relations Issue 9-1 Air Canada Workers Carry Out a
Wildcat Strike
Functions of Strikes
Significance of Strikes
Factors Affecting Strikes
When Can the Parties Strike or Lock Out?
Labour Relations Issue 9-2 Should a “Hot Cargo” Clause Be Enforceable?
Strike Activity and the End of a Strike
Key Considerations 9-1 Reinstatement of Striking Workers
Extent of Strike Activity
Contract Dispute Resolution
Types of Third-Party Assistance
Key Considerations 9-2 Contract Dispute Resolution Policy Issues
Key Considerations 9-3 Mediators as “Active” Participants in
Resolving Disputes in Collective Bargaining
Other Dispute Resolution Methods
10 Administration of the Collective Agreement
Management Rights
Limitations on the Exercise of Management Rights Seniority
Accumulation and Termination of Seniority
Labour Relations Issue 10-1 Management-Imposed Dress Code
Policy on Tattoos and Body Piercing Found not Reasonable
Job Posting and Selection Process
Layoffs
Recall to Work Following a Layoff
Assessing Skill and Ability
Key Considerations 10-1 Ways to Increase the Validity and
Fairness of Employment Interviews
Remedies at Arbitration
Human Rights Issues in the Administration of the Agreement
Employer and Union Obligations
Obligations of Employees in Accommodation
The Grievance Process and Arbitration Process
Significance of the Grievance and Arbitration Process
Functions of Grievances and Arbitration
Benefits of Grievances and Arbitration
Potential Concerns of Employers Regarding the Grievance
Process
Grievance Procedures
Ownership of the Grievance
Grievance Procedural Matters
Settlement Agreements
Arbitration
Rights vs. Interest Arbitration
Arbitrators
The Arbitration Hearing
Arbitration Decisions
Arbitrability
Labour Relations Issue 10-2 When is a Dispute Arbitrable?
Cost of Arbitration
Remedies
Review of Arbitration Decisions
Problems with Arbitration
Discipline and Discharge
Possible Grounds for Discipline or Discharge
Progressive Discipline
Procedural Matters
Issues and Outcomes at Arbitration
Labour Relations Issue 10-3 Is Surreptitious Video Admissible
as Evidence?
Appropriateness of the Penalty Imposed
Key Considerations 10-2 Factors Arbitrators Consider When
Reviewing Discipline Imposed by the Employer
Last Chance Agreements
Implications for Employers and Unions
Key Considerations 10-3 Considerations for Employers When
Imposing Discipline
Key Considerations 10-4 Considerations for Unions
Responding to Discipline
Non-Disciplinary Measures for Innocent Absenteeism
Culpable vs. Innocent Absenteeism
Non-disciplinary Discharge
Responses Other Than Discharge
Duty of Fair Representation
Nature of the Union’s Duty of Fair Representation
Implications for Employers and Unions
11 Public Sector Labour Relations
The Public Sector: Size and Importance
Definition of the Public Sector
Scope of the Public Sector
Importance of the Public Sector
Development of Collective Bargaining in the Public Sector
Why Public-Sector Employees Were Not Allowed to
Unionize
Employee Associations
Collective Bargaining Rights Extended to the Public Sector
Labour Relations Issue 11-1 Should Teachers Be Allowed to Strike?
Distinctive Features of Public Sector Labour Relations
Employers
Unions and Their Members
Legislative Framework
Establishment of Bargaining Rights
Scope of Contract Negotiation
Contract Dispute Resolution
Key Considerations 11-1 Advantages and Disadvantages of
Alternative Contract Dispute Resolution (CDR) Methods
Recent Developments in Public Sector Labour Relations
Economy
Political and Social Environment
Public Sector Compensation
12 The Future of Unions
The Impact of Demographics
Key Considerations 12-1 The Five Generation Workplace
Age
Labour Relations Issue 12-1 Why Youth and Unions Can’t
Seem to See Eye to Eye
Gender
Labour Relations Issue 12-2 UFCW Women and Gender
Committee
Visible Minorities, Aboriginals and LGBTQ
Economic Trends
Labour Relations Issue 12-3 Canada’s Unions Support
Canadian Retaliation Against American Steel and Aluminum
Globalization
Labour Relations Issue 12-4 Future Union Strategies to Deal
with Globalization
Confrontation or Collaboration?
Appendix A Cases
Appendix B Grievance and Arbitration
Appendix C Contract Negotiation Simulation
Endnotes
Glossary