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The Dynamics of Labour RelationsCopyright © 2008 by Nelson, a division of Thomson Canada Limited. All rights reserved.
Objectives After studying this chapter, you should be able to:Identify and explain the federal and provincial legislation that provide the framework for labour relations. Explain the reasons employees join unions. Describe the process by which unions organize employees and gain recognition as their bargaining agent. Discuss the bargaining process and the bargaining goals and strategies of a union and an employer. Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
Objectives (cont’d) After studying this chapter, you should be able to:Differentiate the forms of bargaining power that a union and an employer may utilize to enforce their bargaining demands. Describe a typical union grievance procedure and explain the basis for arbitration awards. Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
Government Regulation of Labour RelationsThe Industrial Relations Disputes and Investigation Act Canada Labour Code Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
Labour Relations BoardAdministrating 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. Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
Labor Relations ProcessWorkers desire collective representation. Union begins its organizing campaign. Collective negotiations lead to a contract. The contract is administered. Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
Why Employees UnionizeAs 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. Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
The Labour Relations ProcessFigure 14.1 Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
Organizing Campaigns Steps in the Organizing ProcessUnion/Employee Contact Initial Organizational Meeting Organizing Campaigns Formation of In-House Committee Steps in the Organizing Process Application to labour relations board and issuance of certificate Election of bargaining committee and contract negotiations Copyright © 2008 by Nelson, a division of Thomson Canada Ltd. 6
United Food and Commercial Workers International Union Authorization CardCopyright © 2008 by Nelson, a division of Thomson Canada Ltd.
Employer Tactics Opposing UnionizationStressing 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. Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
Employer “Don’ts” during Union Organizing CampaignsAttending 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 Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
Unfair Labour Practices for UnionsUnions 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. Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
How Employees Become UnionizedVoluntary recognition Regular certification Prehearing votes Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
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. Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
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 Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
Impact of Unionization on ManagersChallenges 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. Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
Structures, Functions, and Leadership of Labour UnionsCraft 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 labour-management relations. Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
Types of Unions The Canadian Labour CongressInternational and National unions Local unions Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
Typical Organization of a Local UnionLocal Union Meeting (Normally Monthly) Business Representative President Secretary/Treasurer Vice-Presidents Sergeant at Arms Various Committee Chairpersons This one goes after your current slide Training and Education Grievance Committee: Chief Steward and Shop Stewards Collective Bargaining Social Local Union Members Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
Structure and Functions of Local UnionsLocal 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. Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
Labour Relations in the Public SectorPolitical nature of the labour management relationship Alternate services are not available Source of management authority Strikes in public sector- essential services Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
Types of Arbitration Compulsory Binding ArbitrationA 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. Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
The Collective Bargaining ProcessFigure 14.4 Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
The Bargaining ProcessCollective 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 long-term relationship. Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
The Bargaining Zone and Negotiation InfluencesFigure 14.5 Source: Adapted from Ross Stagner and Hjalmar Rosen, Psychology of Union-Management Relations (Belmont, CA: Wadsworth Publishing Company, 1965), 96. Adapted with permission from Brooks/Cole Publishing Co. Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
Highlights in HRM Items in a Collective AgreementTypical clauses will cover Wages Grievance procedures Vacations Holidays Work schedules Management rights Union security Transfers Discipline Training No strike/no lockout clause Overtime Safety procedures Severance pay Seniority Pensions and benefits Outsourcing Progressive clauses will cover Employee access to records Limitations on use of performance evaluation Elder care leave, child care, work-family balance provisions Flexible medical spending accounts Protection against hazards of technology equipment Limitations against electronic monitoring Bilingual stipends Domestic partnership benefits Highlights 14.7 Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
Management and Union Power in Collective BargainingBargaining Power The power of labour and management to achieve their goals through economic, social, or political influence Union Bargaining Power Strikes, pickets, and boycotts Management Bargaining Power Hiring replacement workers, where allowed Continuing operations staffed by management Locking out employees Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
Union Power in Collective BargainingUnfair Don’t Buy Here Boycott Our Employer This Union On Strike On Strike Boycotting Striking Picketing Copyright © 2008 by Nelson, a division of Thomson Canada Ltd. 4
Employer Power in Collective BargainingManagement methods for applying economic pressure during bargaining: Outsourcing normal work Locking out workers Hiring replacement workers, where allowed Demanding concessions Copyright © 2008 by Nelson, a division of Thomson Canada Ltd. 5
Union Security AgreementsDues Checkoff Gives the employer the responsibility of withholding union dues from the paychecks of union members who agree to such a deduction. “Shop” Agreements Require employees to join or support the union. Union shop requires employee membership. Agency shop allows voluntary membership; employee must pay union dues and fees. Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
Administration of the Collective AgreementNegotiated grievance procedures. The grievance procedure is a formal procedure that provides for the union to represent members and non-members in processing a grievance. Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
Grievance ArbitrationRights Arbitration Arbitration over interpretation of the meaning of contract terms or employee work grievances. Submission to arbitrate Statement that describes the issues to be resolved through arbitration. Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
The Arbitration HearingThe arbitrator declares the hearing open and obtains the submission to arbitrate. Parties present opening statements. Each side presents its case using witnesses and evidence; witnesses can be cross examined. Parties make closing statements. Arbitrator closes hearing and designates date and time for rendering the award. Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
The Arbitration Award Four factors arbitrators use to decide cases:The wording of the collective agreement (or employment policy in nonunion organizations). The submission to arbitrate (statement of problem to be solved) as presented to the arbitrator. Testimony and evidence offered during the hearing. Arbitration criteria or standards (similar to standards of common law) against which cases are judged. Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
Key Terms arbitration award arbitrator authorization cardbargaining power bargaining unit bargaining zone business agent collective bargaining process compulsory binding arbitration craft unions employee associations final offer arbitration grievance procedure industrial unions interest-based bargaining labour relations process management rights rights arbitration submission to arbitrate unfair labour practices (ULPs) union shop union steward Copyright © 2008 by Nelson, a division of Thomson Canada Ltd.
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