Collective Bargaining 472.24

1. HR Collective Bargaining 472.24

2. Negotiations ch 12

3. Players Owners

4. Negotiations • distributive • integrative

5. Negotiations • What is the purpose of a negotiation? • to agree • conflict is the means • but the goal is agreement • this is unlike almost any other situation

6. victory defeat Negotiations war elections conflict

7. resolution Negotiations court cases conflict

8. resolution Negotiations business negotiations marriage counseling discussion

9. agreement Negotiations labour contract negotiations conflict Human beings are not wired this way.

10. Negotiations • never do negotiations on your own • labour relations lawyer • if a union involved • if a union not involved • however • it’s management’s responsibility to set terms • management may also do most of the talking

11. Unions • an association of employees • officially recognized • in similar trade • employed in same company/industry • collective voice • in dealings with management Right to associate is fundamental

12. Canadian Labour Laws • commonalities • certification procedures • minimum one year collective agreements • procedures preceding legal strike/lockout • no strikes/lockouts during life of contract

13. Canadian Labour Laws • commonalities • interpretation disputes settle by binding arbitration • prohibition of unfair labour practices • labour relations boards to enforce legislation

14. Canadian Labour Laws • commonalities • prohibited management actions • interference with union activity by employees • participating in union activity

15. Canadian Labour Laws • commonalities • prohibited management actions • penalizing employees for refusing to act as replacement workers • changing/threatening to change working conditions during: • certification • collective bargaining • life of agreement

16. Canadian Labour Laws • commonalities • prohibited management actions • refusing to bargain in good faith • intimidating employees • re union membership • particularly stringent during certification

17. Canadian Labour Laws • commonalities • prohibited labour actions • refusing to bargain in good faith • intimidating employees re union membership

18. Canadian Labour Laws • commonalities • prohibited labour actions • conducting union business on company time or premises • without employer consent • threatening/authorizing unlawful strike

19. Canadian Labour Laws • commonalities • prohibited labour actions • discrimination against union members on prohibited grounds • failing to fairly represent all union members

20. geographic scope international national local affiliation CLC CSN AFL-CIO Unions

21. Unions in Canada • challenges • unionization of • white-collar employees • McJobs

22. Unions in Canada • challenges • innovative workplace practices • technological change • global competition

23. Unions in Canada • challenges • shift to political right in US • many fundamental issues resolved • more sophisticated management

24. Unions in Canada • challenges • aging membership • fewer • manufacturing jobs • government jobs • outsourcing union membership shrinking

25. Management Strategies • Resistance • Avoidance • Acceptance

26. Management Strategies • Resistance • strategies • problems • strict laws • vigilant watchdogs

27. Management Strategies • Resistance • Avoidance • strategies • proactively address issues • open-door • prior consultation • demonstrate genuine concern for employee well-being • meet regularly • joint study committees & training programs process matters most

28. Management Strategies • Resistance • Avoidance • strategies • immigration • problems

29. Management Strategies • Resistance • Avoidance • Acceptance • not easy either

30. lack of job security opportunity for advancement influence on work-related decisions perceived inequities in pay administration of policies Why Employees Unionize

31. belief unions can improve working conditions improve pay job dissatisfaction Why Employees Unionize

32. Signs of Organizing Activity • employee lists/directories go “missing” • strangers in the parking lot • inquiries about benefits & wages increase • management’s opinion of unions sought • changes in • number & nature of grievances • informal employee groups • group meetings discussed • conversations stop as supervisor approaches

33. Employer Rights • can: • express views on unions • state position on remaining non-union • can call employees to meeting to say this if: • purpose stated in advance • attendance optional • no threats or promises • prohibit union activity on • company property • company time • increase wages in normal course of business

34. Employer Rights • don’t: • pre-bargain • “What would it take for you guys to keep out the union.” • passionate speeches • ineffective • appears weak • tough to control your emotions • threaten

35. Collective Bargaining • Violations of Good Faith Bargaining • surface bargaining • failing to make concessions • withdrawing previously granted concessions • failing to make reasonable proposals • imposing unreasonable conditions

36. Collective Bargaining • Violations of Good Faith Bargaining • making unilateral changes in conditions • bypassing formal representatives • committing unfair labour practices during negotiations • failing to provide information

37. Collective Bargaining • Preparing for negotiations • get a lawyer

38. Collective Bargaining • Preparing for negotiations • gather data • existing contracts • union promises • grievances • wage/benefit surveys • other collective agreements • other arbitration awards and LRB rulings • supervisors’ input • review strategic plan • costing • ability to pay

39. Collective Bargaining • Preparing for negotiations • establish bargaining team • prepare bargaining plan/strategy/guidelines • communication strategy with senior mgmt • obtain multi-employer coordination • if required • develop 2 contingency plans

40. typical provisions union recognition management rights no strikes or lockout arbitration grievance procedures disciplinary procedures compensation rates benefits hours of work overtime pay job security seniority health & safety expiration date Collective Bargaining

41. With 1st Contract • expect • constraints • time • money • actions

42. With 1st Contract • expect • changes • organizational structure • supervisory authority & responsibility • management decision making • how policies & procedures are formulated • centralized record keeping

43. With 1st Contract • expect • numerous grievances • lots of senior management conflict • depending on workplace prior to unionization • may be some improvement in employee behaviour

44. Contract Administration • seniority • length of service in bargaining unit • basis for • transfer • layoff • promotion • when 2 candidates relatively equal • skill • ability

45. Contract Administration • grievance • written allegation of contract violation filed by: • individual union members • union • management

46. Contract Administration • grievance • purpose • resolve issues unanticipated when bargaining • interpret contract language • provide communication device • satisfy political needs for union • bring attention to contract areas requiring clarification or modification

47. Contract Administration • grievance • steps • employee gives written grievance to supervisor • discussion by griever, hr, union steward • discussion by senior mgmt & top union officials • arbitration

48. Contract Administration • grievance • problems • may not stem from actual contract violations • perceived injustice • hurt feelings • can be means to • test relative strength • push off problems

49. Contract Administration • grieving discipline • employee has right to grieve disciplinary action they consider: • too harsh • without just cause • burden of proof on employer • may be setting precedents

50. Dr. Conquel