Chapter 14 The Dynamics of Labour Relations

To regulate labour relations in both the public and private sectors, the Canadian
government has introduced the Industrial Relations Dispute and Investigation Act
and the Canadian Labour Code. The Labour Relations Board is responsible for
Administrating 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, and remedying violations of collective bargaining legislation.

The labour relations process consists of four sequential steps: 1. Workers desire
collective representation, 2. Union begins its organizing campaign, 3. Collective
negotiations lead to a contract, and 4. The contract is administered.

Employees usually join unions as a result of economic needs (wages and benefits),
dissatisfaction with managerial practices, to fulfill social and status needs, and
because unionism is viewed as a way to achieve results they cannot achieve acting
individually.

Some employer tactics implemented to prevent unionization are: Stressing

favorable employer-employee relationship experienced without a union,
emphasizing current advantages in wages, benefits, or working conditions the
employees may enjoy, emphasizing unfavorable aspects of unionism: strikes, union
dues, and initiating legal action when union members and leaders engage in unfair
labour practices.

Voluntary recognition, Regular certification, and Pre-hearing votes are different

ways employees become unionized.

Contract negotiation occurs 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.

Decertification occurs if the majority of employees indicate that they do not want to
be represented by the union or that 1. They want to be represented by another
union, or, 2. If the union failed to bargain.

There are many broad classifications for different unions operating in Canada. Craft
unions (represent skilled workers), Industrial unions (represent all workers), and
Employee associations (represent groups of professionals and white-collar
employees).

A Shop Steward is an employee, as a nonpaid union official, representing the

interests of members in their relations with management.
A Business Agent is a paid labour official responsible for negotiating and
administrating the collective agreement and working to resolve union members’
problems.

There are two main types of Arbitration:

1. Compulsory Binding Arbitration—a process for employees such as police

officers, firefighters, and others in jobs where strikes cannot be tolerated to
reach agreement.

2. 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.

During the collective bargaining process:

A Bargaining Zone is an area within which the union and the employer are willing to
concede when bargaining.

An Interest Based Bargaining is a Problem-solving bargaining based on a win-win

philosophy and the development of a positive long term relationship.

Bargaining Power is the power of labour and management to achieve their goals
through economic, social, or political influence.

Union Bargaining Power are based on strikes, pickets, and boycotts. Management
Bargaining Power is created from the ability to hire replacement workers, the ability
to lock-out employees, and more.

During bargaining deadlocks, mediators and arbitrators are assigned to resolve

union and management differences.

Dues Checkoff gives the employer the responsibility of withholding union dues from
the paychecks of union members who agree to such a deduction.

“Shop” Agreements:
i. Closed shop requires employees to join the union before being hired.
ii. Union shop – must join union.
iii. Agency shop allows voluntary membership; employee must pay union dues
and fees.
iv. Open shop does not require employees to join the union or pay dues.
The grievance procedure is a formal procedure that provides for the union to
represent members and non-members in processing a grievance.
Grievance Arbitration is considered to be long, cumbersome and costly, and limited
by the collective agreement.