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HRM Labour Relations, Collective Bargaining and Contract Administration.

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1 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 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.

4 Labor relations strategy (LR) An organization’s overall plan for dealing with unions, which sets the tone for its union management relationships 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 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. A union avoidance strategy that involves removing the incentives for unionization by ensuring the needs of employees are met.

8 union suppression approach 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 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 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 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 Protection of the public interest- police officers hospitals employees and firefighters are denied the right to strike in most jurisdictions

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

12 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 Sample Question

13  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 Legislation

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

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

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

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

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

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

20 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 Sample Question

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

22  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 Grievance Handling

23 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 Sample Question

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

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

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

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