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Labour Relations, Collective Bargaining and Contract Administration

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1 Labour Relations, Collective Bargaining and Contract Administration
HRM Labour Relations, Collective Bargaining and Contract Administration

2 Labor management relations
the ongoing economic and social interactions between labor unions and management in organizations.

3 labor union An officially recognized Association
of employees practicing a similar trade or employed in the same company present a united front and the collective voice in dealing with management. Pros and cons

4 Labor relations strategy (LR)
An organization’s overall plan for dealing with unions, which sets the tone for its union management relationships

5 Union acceptance strategy
A labor strategy based on management’s view that the union is the legitimate representative of the company’s employees

6 Union avoidance strategy
A labor relations strategy based on management’s preference to operate in a non-union environment. There are two possible approaches: unions substitution or union suppression

7 Union substitution A union avoidance strategy that involves removing the incentives for unionization by ensuring the needs of employees are met.

8 union suppression approach
A union avoidance strategy involving the use of hardball tactics, which may or may not be legal, to prevent unions from organizing the firm’s employees or to get rid of an existing union

9 Labor relations board The legally recognized body in every Canadian jurisdiction (except Quebec) responsible for interpreting, administering, and enforcing the labor relations legislation. In Quebec, a labor court of 20 commissioners perform similar functions

10 The purpose of Canadian labor laws
there are two general purposes to set common rules for fair negotiations To ensure the protection of public interest by preventing the impact of labor disputes from inconveniencing the public Protection of the public interest- police officers hospitals employees and firefighters are denied the right to strike in most jurisdictions

11 Why Employees Unionize
Influence HR policies Improved compensation Improved conditions Greater control Increased security 11

12 Sample Question Studies show that unions _____ employee turnover and ______ the productivity of workers: a) Increase; increase b) Increase; decrease c) Decrease; increase d) Decrease; decrease Answer = C 12

13 Legislation Canada Labour Code
Provincial/Territorial Labour Relations Acts Certification Bargaining in good faith Dispute resolution Unfair practices Restrictions on strikes Union security Labour relations boards 13

14 LR – Essential Elements
Unionization Structure Philosophy Certification Process Collective Bargaining Agreement Administration Dispute resolution 14

15 LR – Terminology Some include: Bargaining Agent Business Agent
Business Unionism Craft Union Rand Formula Union Acceptance Strategy Union Avoidance Strategy Union Suppression Approach Union Substitution Yellow Dog Contract 15

16 Response to Organizing Drive
Factual and lawful information Prohibit distribution of materials during work hours Business as usual No unplanned enhancements TIPS: No Threats, Intimidation, Promises or Spying Certification process follows the organizing drive 16

17 LR – More Terminology Some include: Bargaining Zone
Concessionary Bargaining Distributive Bargaining p359 Interest-based Bargaining Pattern Bargaining Final Offer Arbitration Interest Arbitration Rights Arbitration Mediation Conciliation Whipsaw 17

18 Contract Negotiations
Review union’s campaign Audit past grievances Get supervisory input Have strike plan Establish authorities Prepare bargaining proposals Identify strategy Gather information Conduct wage & benefit surveys Assess budgetary impacts Analyze other agreements 18

19 Negotiation opening position yours theirs bottom lines  3  3

20 Sample Question Which of the following is not a good suggestion to follow in negotiations: a) Start with easy issues b) Enlist the support of the conciliator or mediator c) Settle quickly and efficiently d) Stress past progress Answer = C 20

21 Union Security Closed Shop Union Shop Modified Union Shop
Management Rights clause Rand Formula Open Shop 21

22 Grievance Handling Investigate each case as if it might lead to arbitration Write short answers Keep an open mind Collect facts Involve the shop steward Visit and inspect work area Review previous complaints Identify past practices Follow policy and agreement 22

23 Sample Question The type of arbitration most likely to be used to settle grievances is: a) Final offer arbitration b) Binding arbitration c) Interest arbitration d) Expedited arbitration Answer = b 23

24 Employee Relations Handling Complaints and Grievances
Positive Employee Relations Employee Communications Employee Discipline Progressive Discipline 24

25 Sample Question The final step in progressive discipline is:
a) Constructive dismissal b) Wrongful dismissal c) Just cause dismissal d) Severance Answer = C 25

26 Termination Due Process Guidelines Dismissal with cause
Dismissal without cause Wrongful dismissal Bad Faith Conduct – Wallace Damages Constructive dismissal 26


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