Module 10

Tuesday, March 20, 2012 5:11 PM

OLRB - Ontario Labour Relations Board CLC - Canada Labour Code (if between multiple provinces)

Lectures Page 1

Parent Collective bargaining - usually leave collecting bargain to the local unions, but will step in if asked for help (in more serious matters) AFL-CIO (federal labour congress)

Union gets its power from the power to strike. The timing of the strike can give a union more power (for example, the teachers threaten to strike during the school year rather than during the summer). The size of the strike fund affects how long they can carry out the strike. Management does not necessary get its power from a lockout. They get their power from doing things that enable them to withstand a strike (listed on the left). Subcontracting - subcontract work out to other locations Strikebreakers - scabs (own employees that go back to work), and replacement works (others) Employer association - companies can band together so they have more influence.
Putting the points on the left on the exam will not earn you any marks. Need notes below. U = union, M= management Craft/trade - united by their skill. Skills are harder to learn, therefore their power comes from the fact that it is hard to replace skilled labour. They get everyone into the union through apprenticeship programs (since they administer the programs). They can also control the supply of the skill by limiting the number of apprenticeships they provide. Tactics Union - will simply take their skill off the market. During a strike, they get their workers jobs at other sites (since their skills are in demand). Their picket line is simply for information, as most workers continue working at other places. These strikes are especially dangerous because once one skill withdraws, the other skills can't work as well, and therefore all the other skills withdraw as well (damaging all work). Management - can't stockpile skills or subcontract out, so the only thing they can do is stop the workers from getting jobs at other sites. This is hard because you're trying to cooperate with competitors, but sometimes this becomes reasonable based on what the union is demanding and the risk to the competitor. Characteristics - it is only an information picket line, so there is little violence. Also, the union has the balance of power, so they don't need to get violent. Also, management wants the strike settled as quickly as possible, so strikes are short. Industrial - united by where they work. Are unskilled and semi-skilled workers, and therefore can be replaced. They have strength because all workers agree to leave (this is why they hold a vote to show they all agree to strike) Tactics Union - tactics are based on "getting everyone out, keeping everyone out". Union uses the picket line to control access to the plant. Can't legally stop you from going through, but they can intimidate you. This is why they put the loudest, angriest, and most passionate people on the picket line. Management - can stockpile, sub-contact, or work on a skeleton staff to withstand the strike. Characteristics - high potential for violence because the picket line is much more hostile and because the union doesn't have the balance of power, which makes them defensive. The strike can carry on for months because management has more power and will try to wear out the strikers.

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Union Certification - they only have to show that the workers want a union, and then they can certify. What can Management do? If your employees are already looking to certify, then it is too late because you didn't treat your employees right or address concerns. What can Management do if it has gotten to certification? Voluntary - just accept that the employees want a union. Membership drive - union tries to prove they have support. This can be done by signing union cards. Unions need at least 40% of the people they are going to represent (bargaining unit). Evidence - OLRB reviews the evidence presented by the union. Representation Vote - if OLRB approves it, then a secret ballot is held where people vote on whether they want a union or not. Management - can't do anything once it's vote time. If you do something, it can be called undue influence. This is because management may intimidate people, etc. TIC = threatened, intimidate, and coerce. Can't SPIT = Spy, Promise, Interrogate, and Threat. If caught, the union will be certified regardless of the vote. Management can state the facts ("look how well we've done without an union"), but can't promise raises or threaten with cuts or demotions.

Negotiations: Union Security - this will be in all contracts, at a minimum Voluntary check-off - union dues taken directly from the paycheck. Dues only come from union members, even though everyone in the bargaining unit is being represented. Open Shop - illegal in Ontario. Union directly collects union dues from members. Agency Shop - everyone from the bargaining unit, not just the union members, has to pay dues directly from their paycheck. Union Shop - don't have to join for the first "period of time", but after that you have to join. Ex: if you work for the summer, you don't have to join, but if you work full-time, you have to join. Closed Shop - you have to be a union member to be hired, period. If management tries to hire from outside the union, the new employee would have to join the union. Duration & Renewal (minimum 1 year) Can negotiate anything during the course of the agreement except the term. Seniority - unions like everything to be based on how long people have been working at companies. Management would rather base it on ability. "Superseniority" is given to union reps, so they are the last laid-off, and so the union always has a representative. Settlement Ratification vote - used to ratify the contract. Contact can be backdated (retroactive). If no agreement, you must go through conciliation. You must go through conciliation before you can legally strike/lockout. No Board report is when the Union tells the conciliation officer (appointed by the government) that says they are going to strike, and there is no point in trying to discuss the issue.

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Conciliation - you don't have to listen (voluntary to follow suggestions), but you at least have to go through the process (necessary) Mediation - voluntary to listen, but has no effect on legal timing of strike/lockout. Brings in an outside party that is a skilled negotiator. Arbitration - voluntary to choose arbitration, but once you do, you have to follow their suggestions (binding). Essential services MUST go to arbitration.

Grievance Procedure - used to resolve conflicting interpretations of the contact. The specifics of the grievance procedure (time limits, etc.) are negotiated in the contract. Statute of Limitations - must decide to grieve in a certain amount of time, after that you can not bring it up. Escalation - first, union rep and immediate supervisor. If that doesn't work, keeps climbing up different levels of management and the union. There are time limits at each level. Arbitration - has to be a binding decision that gets made if nothing works before this.

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