Main questions:

1. An Employer is negotiating a first contract with a union. It has found two alternative
provisions regarding job vacancies that could be included in the agreement as follows:
a. One that provides that seniority will be the determining factor if the skill and ability of
two contending employees are equal.
b. One that provides that the employee with the most seniority will be awarded the job
provided that he or she has sufficient ability to do the job.

Options:

The union will want 1 above.

 The union will want 2 above.

Union usually happy about both

2. Which of the following is the least likely to be viewed as an employer’s unfair labour
practice during an organizing campaign and the certification process?
 Providing the annual wage increase on the scheduled date.

3. An employer is negotiating a first contract with a union. It has found two alternative
provisions regarding benefits that could be included in the agreement as follows:
a. One that provides that the employer is obligated to pay insurance premiums to
provide certain levels of dental, eye care, and other benefits.
b. One that provides that the employer will make available specified dental, eye care
and other benefits.

Options

Management should include (2) in the collective agreement.

 Management should include (1) in the collective agreement.

Chapter-5
Reason for government involvement in labour relations.

 To regulate the union-management processes and the outcomes in Collective

Agreement.
 To provide assistance to employers as well as the unions there are so many times it
happens that the union wants wage increases but the employer says we'll have to lock
down and cannot handle this kind of wage increase especially in small towns which are
generally one company towns the government will then come in and will give a lot of
incentives like tax breaks etc. so that a company can survive and the workers can also
get decent wage increases so that they can live through the increased inflation.
 To protect the public interest if the strike goes on for a long enough period whether in the
public sector or private sector the government passes legislation back to work to ensure
that the public is not discomforted eternally speaking.
 Government is the biggest employer of unionized employees which is why it needs to be
involved in labor Relations.
 Unions and employers both do lobbying and have consistent political activity conducted
by them or their agents and the government has to respond to those.
 Values and beliefs of political leaders NDA is a very powerful party in Canada and they
are working class People's Party so the values and beliefs of the politicians are directly
aligned with the values and beliefs of their voters who are heavily unionized if and when
they are in power are they broker power like NDA usually has been doing in the last 10
years supporting Trudeau's liberal government there is a better chance of pro-Union
legislation and to regulate employment relationship that is not just the labour relationship
but also for the non-unionized workers.

 The Labour Relation Board was created by the government and functions as a quasi-
independent body this is the body that pretty much handles all the implementation issues of the
labour legislation and the responsibilities of the Labor Relation Board.
 Processing the Union application to represent employees.
 Processing the application to terminate Union bargaining rights so if the employees are
dissatisfied with the Union, they can apply for the termination of the rights given to the
union to bargain on their behalf.
 Hearing unfair labour practices complaints by the Union or those made by the employer
or those made by the employees usually if the employee files a complaint, it will be
against the Union.
 Hearing of complaints issuing of Declaration regarding unlawful strikes lockouts and
picketing efforts as previously told and will be told again in the future whenever the
Collective Agreement is in place any strike is illegal and lockouts are illegal as well
picking is a kind of effort that increases the awareness with the public about the Union's
effort on negotiation with the management and saying that the management is not being
fair and it only happens then the union is striking. There are rules and regulations
regarding picketing for example you will not block the roads or main Transit points and if
you do that you cannot do that for a prolonged period so you may have seen when my
professors were on strike for a couple of years ago they would block the road for a
minute or two and then they let the traffic go and so on so that the disruption to the traffic
was minimal also secondary picketing can be illegal and basically for blockage or any
kind of procession or for any kind of gathering you have to take permission from the
police services to make sure that you get permission that it is safe.
 Resolving any disputes that arise within the Collective Agreement so a grievance that is
filed by the union with the management if it is not resolved at their level then it goes to an
arbitrator sometimes are arbitrator’s job is also done in certain jurisdictions done by the
labor relation board which does the arbitration.
 Beaming with the arbitration of the first contract dispute in some jurisdiction when a
union is given the right to bargain on behalf of the unionized employees the first
Collective Agreement should be negotiated within 12 months in this case there are a lot
of companies that will try our management that will try to find ways not to negotiate or
make it very difficult for the union to negotiate in that case the union can't resort to filing
a complaint against the management with the labour relationship does then do that
interest arbitration (which is the arbitration that is done to get a collective agreement
signed).
Case Incident
Quality Inn & Suites Brantford v. UFCW Local 175

In January 2012, the Ontario Labour Relations Board was asked to consider an application for
the termination of bargaining rights filed under the Labour Relations Act, 1995, S.O. 1995, c.1,
as amended (the “Act”). When the representation vote was taken, as directed by the Board, more
than 50 percent of the ballots cast by employees of the Quality Suites and Inns located in
Brantford, Ontario, who were also members of the United Food and Commercial Workers
(UFCW), Local 175, opposed continuing to be represented by the union.
The Board’s rules of procedure regarding the taking of the representative vote by hotel
employees had been followed. No statement of desire to make representations by the parties
concerning an outstanding issue in dispute had been filed with the Labour Relations Board
following the vote.

The Board declared that the UFCW no longer represented the hotel employees. It ordered the
ballots cast in the representation vote to be destroyed following the expiration of 30 days from
the date of the decision unless a statement requesting that the ballots should not be destroyed was
received by the Board from one of the parties before then. Additional meetings and hearing dates
were cancelled. The hotel’s management was also directed to post copies of the Board’s decision
within the employment setting.

Questions
1. Which role of government referred to in this chapter is illustrated in this case?
 The government's engagement, in this case, is most likely connected to labour relations
and regulation of collective bargaining processes. It specifically refers to the
government's regulatory responsibility in ensuring fair and legitimate labour relations
practices. In this situation, the Ontario Labour Relations Board administers and
enforces the Labour Relations Act of 1995, as well as supervising representation votes
and settling bargaining rights issues.

2. How might this situation be explained regarding the “Framework for Labour
Relations” seen in Chapter 1?

This scenario may be understood in terms of the legal and institutional framework
that controls labor relations. The framework consists of laws, regulations, and administrative
bodies that define the norms and processes for collective bargaining, representation votes, and
dispute resolution between employers and unions. In this situation, the Board followed the
established norms of process for conducting a representative vote and then issued a judgment on
the union's ongoing representation. The framework is intended to provide a fair and democratic
mechanism for employees to accept or reject union involvement, and the Board's decision
reflects its practical application.

Case Incident
Hospital Employees’ Union Vs. British Columbia Nurses Union

Licensed practical nurses (LPNs) in British Columbia hospitals are represented by the Hospital
Employees’ Union (HEU). There were approximately 5,000 LPNs in British Columbia in 2009.
LPNs take a one-year course and receive an average starting salary of just under $25 an hour. The
British Colombia Nurses Union (BCNU) represents registered nurses in the province. Registered
nurses have a four-year degree, and their starting wage is approximately $29 an hour.

In 2009, the BCNU started a raid of the LPNs. A raid is an attempt by one union to take away
members from another. Such an action is generally frowned upon in the labour movement. To
justify the raid, the BCNU claimed that the LPNs would receive higher wages, pay lower union
dues, and obtain more competent leadership who did not engage in radical conflict with the
government. The HEU had been in a bitter confrontation with the provincial government in 2002
that was only resolved when back-to-work legislation was enacted.
To defend against the raid, the HEU launched an outreach campaign to convince its members to
stay. A business manager for the HEU said, “BCNU has been unsuccessful in restricting what the
LPNs are able to do, and we believe this is about BCNU trying to control and restrict by other
means.” One HEU official stated, “The BCNU ought to be quite disappointed with the raid
campaign. They have spent a lot of money and used up a lot of people’s time and it looks as
though they may not have much to show for their efforts.”

On November 30, 2009, the BCNU filed an application for certification for the LPNs in the
province with the Labour Relations Board. But on January 18, 2010, it applied to withdraw the
application when it became apparent that it would not have enough of the LPNs signed up as
members to succeed. The BCNU claimed it had not been possible to accurately determine the
number of LPNs in the province because of their different locations. An unsuccessful application
would mean that a 22-month time bar on a second application would be imposed.

Questions
1. What concerns, if any, would hospital employers have in this situation?

Hospital employers may be concerned about probable job interruption caused by the
two unions' raiding actions. A change in union representation might cause tensions and
uncertainty that may disrupt the smooth operation of medical facilities. Furthermore,
there are problems in negotiations. Increases in the union's representation may
complicate future discussions between hospital employers and the new union. The
employer may need to adjust to differing negotiation styles, priorities, and demands.
 2. What arguments can be made in criticism or in defence of raiding?

In criticism Union raiding is frequently condemned because it upsets existing labor

relations and can lead to workplace confrontations. It violates the norms of consistency and
collaboration which are desired in labor-management interactions. Furthermore, raiding has the
potential to undermine worker unity. Instead of presenting a united front against employers,
raiding divides the workforce and reduces employees' total negotiating strength and in defence
Supporters claim that raiding is consistent with the idea of free association. Employees has the
freedom to pick the union that they feel would best represent their interests, and raiding gives
them another option if they're unsatisfied by their existing representation.

NOTES

Reasons For Government Involvement in Labour Relations

1. To regulate union-management processes, and outcomes in collective agreements

2. To help employers and unions

3. To protect the public interest

4. Employer role

5. Response to employer and union political activity

6. Values and beliefs of political leaders

7. To regulate employment relationships

Labour Relations Board Responsibilities

1. Processing union applications to represent employees

2. Processing applications to terminate union bargaining rights

3. Hearing unfair labour practice complaints by unions, employers, and employees

4. Hearing complaints and issuing declarations regarding unlawful strikes, lockouts, and
picketing

5. Resolving disputes arising under a collective agreement in some jurisdictions

6. Dealing with arbitration of first contract disputes in some jurisdictions

Chapter -6

Collective bargaining rights

Factors affecting unionization or subdivided into two categories work-related factors and
environmental or external factors when we were discussing the case of new cars.
 Compensation

 fairness and equity

 job security.

voice in policy is not necessarily a very important factor in this one. complaint mechanism very
important factor in fact if you look at it I think the main reason Costco employees got unionized
was based on this one factor because they were already getting paid very well

 inadequate managers

 employer policies

 working conditions and workload could be other factors that can encourage people to unionize
those could also be the reasons why Costco employees most probably got unionized so
compensation which seems like a no-brainer does not necessarily mean it is going to be a factor
to unionize that's what we learn from Costco.

External factors could be the attitude towards unions and economic factors like economic
downturn or if there is an economic boom or inflation the economic activity in the United States
has been the greatest in the last more than two decades in the last couple of years why purely
because of very high inflation rate which led to loading off living standards.

For example : they're very few of you are Winnipeg students right how many of you are
Winnipeg students come one two three four five six seven eight okay so how many of
you stay with your parents so almost all of you now is the trick question how many of
you will continue to stay with your parents after you graduate and have a good job how
many of you will not stay with your parents once you have a good job after graduating do
you know what is going to happen you will most probably make $55,000 salary which is
pretty decent very nice for starting salary the second year third year up in the first five
years your average salary will be say 60,000 62,000 about 18 to 20 thousand will go away
in taxes and other deductions Employment Insurance CPP so let's assume 60,000 your
salary 18,000 is already gone your left with how much 40 if you will rent an apartment
that will be roughly about 15-1600 that's one bedroom not more than plus Hydro will be
separate plus Internet will be $100 plus parking will be another $100 so that is 20,000 no
you're left with only $20,000 to live your life in which you will also obviously need a car
to go to your office.

Discussed a little bit about what are the reasons why people join unions and we have also
sort of thought here that going into the future there is a better chance that the union
organization efforts will increase or as we have already seen in the last two-three
years but what are the factors why employees do not unionize.
 Union news 2% of your gross salary.
 unions never came and approached you guys to try to get you unionized so you
had no opportunity.
 you just don't like conflict and you know with unionization there will be a lot of
conflict and you don't want to be a part of that.
 you also think maybe that unions have a very overall negative vibe say that they
promote laziness, or they promote seniority over skills and ability Etc. so that kind
of emotions in your mind may lead you not to want to join a union that kind of
problem I generally don't face with students in this classroom because most of you
who have come here have at least historically have known have a positive attitude
towards Union.
 loyalty to the employer.
see this is the biggest contention I have this is the biggest problem I have here in
North America unfortunately we are very we are trained in a way to be loyal see
after all 50% of the marriages do not end up in divorces so that means we are as a
general rule very loyal people and that is one of the weaknesses that the
Employers in North America and Western Europe exploit I don't want to call
loyalty a weakness but loyalty is not a strength when it comes to your career
because the more loyal you will be the more you will stick with the same
company the more you will stick with the same company the more they will start
exploiting you and also at the same time they will start finding ways to see how
much they can get away with maybe not giving you any raises and you still don't
leave they give you extra work you still don't leave and then when you are in your
fifties or late 40s they might even lay you off or 10 minutes you're not able to
work that much you are overall weaker you have maybe other problems say
cancer or you have kids so they will find somebody else who will be loyal again
why because 50% definitely are very low how many of you have apple more than
 one Apple product okay how many of you have other than these couple of Apple
products already repurchased an Apple product like on your second iPhone or
second air pods of second MacBook or something see and what is the problem.
What is the issue here is that we are who we are we cannot be two different people
at two different places.

 Employer retaliation can be there, so you don't want to handle that.

 you might lose your job you can't handle.

4-Fold test to determine if an employment relationship exists

 control ownership of tools and chances of profit or loss if there is a chance of making a profit
or if there is a chance you will end up making a loss then most probably you are a businessperson
if there is no such chance then most probably you are an employee. employees that are excluded
from becoming unionized.
 managers supervisors in most jurisdictions farmers I don't know I’m somewhere red I think
dentists are not allowed to unionize I don't know I don't remember much I think in Alberta at
least dentists are not allowed to unionize but I don't know for that life would be why maybe when
your tooth is hurting it hurts so badly that you need to have a dentist so those dentist or Farmers
etc. those are occupational exclusions and then confidential secretaries to the top bosses even
though they are worker level but because they have

The identity of your employer

 The party who pays the bill or wages
The party that has done the legwork of recruiting
 The party who exerts control on you, can give you punishment or discipline you.
The party you think of as an employee is your employer.
 The party who is most interested in creating an employee-employee relationship.
 The party who is directly involved in scheduling your working hours.
 The party who has the power to terminate your services just like hiring you and then able to
fight.
Q who controls the employee party that pays and
controls? Ans: controls

Q How are the bargaining rights obtained for the Union to become the sole bargaining Authority
on behalf of the unionized employees?
voluntary recognition can happen but doesn't happen in most.
 certification process.
 certification process can take place based on to General separate methods one is just get the
union card signed by a minimum number of workers usually about 60% in some jurisdictions if
that happens they can show the proof to the labor relation board and get certification in other
jurisdictions after the initial lower number of card signed about 50%, they still needs to be a
certification vote that needs to take place and out of the voting people at least 50% should vote in
favor of the Union for Union to get certified so let's say there are hundred employees but only 20
came to vote so if 11 voted in favor of Union then Union will get certified before the
conservative government came in Manitoba that was 10 years ago Manitoba was a non-voting
certification jurisdiction but in their tenure the conservative government made the Manitoba a
jurisdiction where certification vote is needed that is my latest understanding but the book that
you have purchased it still continues to say that Manitoba certification process happens without
voting or with just Union cards signatures of 60% so that confusion is persisting because of the
book so I will most probably never give that question.

In order to apply for the certification process a union must have a trade Union status that means
it's primary objective is to do what unions do applications should be timely there is some kind of
legal legalist we will not go into that in this class it's not illegal course the bargaining unit size
should be appropriate remember the principle of unionization is together we are stronger so
generally as a rule of thumb the labor relation board does not want to break the workers into too
many unions of very few workers each in one organization so chances are if you want to say try
and unionize the people who are working in a car dealership they will most probably not allow
you to unionize just the service department workers or just the salespeople most probably if you
try to unionize all workers that is possible and obviously for certification to go through there
should be adequate support for the Union right that is why we have that certification voting
process or the card signing process where you have to have 60% or more if you don't have any
certification board then 60% or more is there for the jurisdiction.

Membership cards as the book suggests can get you certification in Canada jurisdiction New
Brunswick’s jurisdiction Newfoundland and Labrador’s jurisdiction.
a compulsory certification vote is needed for British Columbia and Alberta I think Ontario also.

Employers unfair labor practices during the certification process

 Employers participating or interfering in the unionization process are not allowed.
 An employer trying to intimidate workers is trying to bribe workers if they won't join the
union not allowing so unfair practices.
 Employers asking employees to sign a contract that they will not indulge in unionization
activity they can't do is unfair and illegal.
 Employer laying off or terminating employment of the workers because of their
unionization activities is not allowed.

What can the employer do employer can communicate with the employees as long as it is not
intimidation or driving so you can tell the employees that if they join a union they will have to
pay 2% of their salary as union fees you can also tell them that if you join a union you cannot
negotiate a separate contract with us so it will be your salary will be based on the Collective
Agreement and everybody will be the same see that is how they break the people with high level
of skills that is why people with high level of skills don't want to be unionized so that would say
that people in IT industry should not unionize. Communication cannot involve intimidation or
bribery during the certification process if a statutory freeze period is implemented at that time
you have to do business as usual which means you cannot change the working conditions. so,
you cannot make changes say for example to benefits to salaries to wages go to the location of
your Enterprise Etc.
So, if there is unfair labour practices what is the procedure that is followed complaint needs to be
filed with the labour relation board there is going to be an attempt to settle the complaint if the
complaint is not settled then the hearing will take place in front of the labour relation board
and The relation board will make a decision and a labour relation board's decision might have
following remedies
 And desist to the management.
 Put up on the notice board that management has been admonished by the labour relation
board for what they did was wrong and that is exactly what they have to say so basically
shaming the management for breaking the law.
 Any monetary losses to the union or the employees who were laid off because of their
unionization effort have to be paid along with the interest.
 Reinstatement of the employee will have to take place in addition to payment of the
Mon.
 The labour relation board might certify the union without a vote.
 They might ask for another vote.
 and in other words, they might force the employer to pay for the new voting
 the labour relations board might allow to give the union support in their organization’s
effort.
 There is a possibility of prosecution but that generally never is given as a remedy you
don't want to send somebody to jail with whom you have to live forever you see you have
to understand that the union-management relationship is way more complicated than a
husband and wife relationship or if your same-sex couples that's relationship because in
as a couple, you can still have a divorce is the only option and the death will always be
that of the company because they will have to go bankrupt before the union will be
removed.

Chapter 6 case study

Township of Rain Lake

The Township of Rain Lake has a population of 20,000. The municipality has a public works department with five
full-time employees; additional seasonal employees are hired when required. Three of the employees, including John
Mills, are equipment operators who do road-grading work in the summer and snow removal in the winter months.

The Township has employed John Mills for eight years. The other two equipment operators have 10 and 3 years of
experience. Mills has no disciplinary record; however, he is the only equipment operator with two accidents noted in
his file. Neither of these accidents involved traffic charges. The council for the municipality meets every January to
determine the wages of employees for the year. Mills and the other two equipment operators met with the council in
January, requesting a guarantee of 130 hours per month in the January–March period. The employees did not request
a wage increase. Council agreed to increase the guaranteed hours to 115 per month.

The three employees were very disappointed with the council’s decision, and they approached a union about the
possibility of organizing. A meeting with a union representative was held at the home of John Mills a few days later,
and all five full-time employees were present. The union representative outlined the advantages of unionization and
presented membership cards for signature. Mills and two others in favour of joining the union signed membership
cards; one staff member was opposed; and the other employee remained undecided.

When the employees’ supervisor heard about the meeting, he convened a meeting of employees at his home. He
suggested that the employees allow him to approach council members before they proceed with unionization. The
supervisor spoke to several members of the council and advised them that the employees were likely going to join
the union. Arrangements were made for the supervisor to attend the next council meeting in February to address the
issue of working conditions for employees. At the February meeting, the supervisor proposed that the Township
agree to the guaranteed hours requested by the employees and provide a one-dollar-per-hour wage increase and an
improvement in benefits. After the supervisor left the meeting, the council agreed to change the hours guaranteed;
however, no further changes were made. At the same council meeting, a resolution was passed to eliminate one of
the equipment operator positions. The council directed that John Mills be the operator terminated.

When the supervisor asked why the council had done this, he was told there were several reasons. The Township was
facing a deficit, and costs would have to be cut to avoid a tax increase. Councillors also noted that the municipality
had purchased a new, more efficient snow plough two years ago. Mills had been chosen for termination because of
his accident record. Finally, the council did not agree to the wage increase because they thought they knew the views
of operators other than Mills on unionization. They believed the others would not join a union, and that the threat to
join was a bluff. The town clerk said that before the February meeting, she had checked with the provincial Ministry
of Labour and confirmed that there was no requirement that employees be laid off in order of seniority.

Questions

1. Outline the basis, if any, for Mills to file a complaint with the Labour Relations Board in your
jurisdiction.

Mills might have a case to bring before the Labour Relations Board. Unfair labour
practices come first. Because Mills was fired as a result of his participation in
unionization efforts, the employer might have participated in unfair labour practices.
This covers things like firing Mills for his union-related activities, not negotiating in
good faith with the union, and trying to talk workers off of organizing or joining one.

2. Assuming Mills files a complaint with the Labour Relations Board, how would the employer likely
respond to the claim(s) made in any filing with the Board?

He got into an accident, and he bought tools. The other two equipment operators have
10 and 3 years of experience. Mills has no disciplinary record; however, he is the only
equipment operator with two accidents noted in his file. Neither of these accidents
involved traffic charges

3. Explain the outcome you expect in this case in light of your understanding of the theories and concepts
discussed in the course.

The outcome of this matter would be determined by a variety of criteria, including the
evidence produced by both parties and the interpretation of applicable labour laws and
regulations. Mills may have a solid case for proving unfair labour practices, especially
if evidence indicates that his firing was directly related to his union efforts. The Labour
Relations Board may order Mills' reinstatement, compensation for lost earnings, and
punitive penalties against the company for unfair labour practices. The Board may also
address the employer's discriminatory acts and ensure that correct processes are
followed for future terminations. Overall, the conclusion is expected to include a
resolution that defends.
NOTES
Factors Affecting Unionization

Workplace Factors External Factors

1. Compensation 1. Attitudes towards unions

2. Fairness, Equity 2. Economic factors

3. Job Security

4. Working Conditions

5. Workload

6. Voice in Policymaking

7. Inadequate Managers

8. Complaint Mechanism

9. Employer Policies

Why Employees Do Not Unionize

1. Union dues

2. Political and social activities of unions

3. Strikes

4. Loyalty to the employer

5. Conflict

6. Merit

7. Belief that unions protect lazy and incompetent employees

 8. Flexibility

9. Employer retaliation

10. Job loss

11. Lack of opportunity to unionize

Fourfold Test to Determine if Employment Relationship

Exists
1. Control
2. Ownership of tools
3. Chance of profit

4. Possibility of loss

Employees Excluded from Unionization

1. Managers
2. Employees engaged in a confidential capacity in Labour relations.
3. Occupational exclusions

Figure 6-2 Factors Determining the Identity of the Employer

1. The party exercising direction and control over the employees performing the work.
2. The party bearing the burden of remuneration.
3. The party imposing any discipline.
4. The party hiring the employees.
5. The party with the authority to dismiss the employees.
6. The party who is perceived to be the employer by the employee.
7. The existence of an intention to create the relationship of employer and employee.
How Bargaining Rights Are Obtained
1) Voluntary recognition 2) Certification

Application for Certification Requirements Union must

establish:

1. Trade union status

2. Application is timely.

3. Appropriate bargaining unit

4. Adequate employee support

Certification Requirements

Jurisdictions that allow certification based on membership cards:

n Canada

n Manitoba

n New Brunswick

Newfoundland & Labrador

Jurisdictions that require representation vote:

n Alberta
 n British Columbia

n Nova Scotia

n Ontario

n Prince Edward Island

Employer Unfair Labour Practices at Certification

Labour relations legislation in most jurisdictions provides that employers cannot:

1. Participate in or interfere with the formation, selection, or administration of a trade union

or contribute financial or other support to a union.

2. Refuse to employ or discriminate regarding the terms of employment because of union

membership.

3. Impose a condition in a contract of employment that restrains an employee from

becoming a member of a union.

4. Threaten, intimidate, or coerce an employee to compel them to refrain from becoming a

member or officer of a union.

5. Change the terms and conditions of employment during the certification process.

6. Take any action against an employee because the employee has exercised any of their
rights under labour relations legislation.

Permitted Employer Conduct During an Organizing

Campaign
1. Prohibiting entry into the workplace by persons who are not employees.

2. Prohibiting entry into the workplace by employees during the off-hours

 3. Establishing rules that prevent solicitation of union membership during working hours.

4. Communicating with employees regarding unionization and employer practices, provided

that such communication does not:

1) threaten, intimidate, or coerce employees.

2) involve promises or benefits linked to the defeat of the union

5 Changing working conditions and practices before the start of the statutory freeze
provided that such changes are not an attempt to influence employees.

• changing working conditions and practices during the statutory freeze, provided that any
such changes are part of business as usual or have the required approval.

• Responding to union claims, provided that the response does not:

1) threaten, intimidate, or coerce employees.

2) Involve promises or benefits linked to the defeat of the union

Unfair Labour Practice Procedure

Complaint filed with Labour Relations Board

Attempt to settle the complaint.

Hearing before the Labour Relations Board

Board decision.

Figure 6-7 Remedies for Unfair Labour Practices During the

Certification Process
1. Compensation for financial losses

2. Interest on monies awarded.

 3. Reinstatement of discharged employees

4. Posting or mailing of a notice to employees

5. Access order

6. Freeze on working conditions.

7. Cease and desist order.

8. Order prohibiting future unlawful conduct.

9. New representation vote

10. Certification without a vote or remedial certification (Not available in all jurisdictions)

11. Assistance to the union in its organizing effort

12. Prosecution

Successor Rights
The purchaser of a business is bound by:

1. Certification of union

2. Existing collective agreement

Chapter 7: Collective Agreement term
There can be many terms that can be negotiated between unions and management and be a part
of a Collective Agreement but these terms cannot be illegal so they have to abide by the law of
the land furthermore there are three terms that are legally required in other towns may or may not
be there, but these three terms have to be required.

 The Recognition article tells the scope, address usually the union will want just to say all the
operations of the University of Manitoba in the world so that means if the University of
Manitoba's campus Works in China that is also included or all the operations of the University of
Manitoba in Winnipeg, then all the operations wherever the physically University of Manitoba is
are included but the satellite offices are campuses of the University of Manitoba at Thomson or
sagging will then not be included so that is the power of address what is the bargaining unit work
can be a part of this article also that is who is part of the bargaining unit and what type of work
they do salespeople whether part-time workers or student workers are included or excluded is
generally written here and finally it ends with the recognition that this particular Union is
recognized as the sole bargaining agent for the bargaining unit members that are mentioned so
that is what makes it legally required.

In a collective Agreement term usually, the management wants a very long term of 3 to 5 years,
and the union will want a very short term of 1 2 3 years but the legal requirement is that the
Collective Agreement should be valid for at least one year so this is the second of the three
legally required Collective Agreement jobs.

Strikes and lockouts are the third legally required term that has to be there in the Collective
Agreement and this suggests as long as the Collective Agreement is in place there cannot be any
strikes or lockouts so any type of strike will become automatically illegal based on this particular
article and any type of stoppage of work made by the management will also become illegal but
management can still say that okay because of businesses reasons we had to shut down or we just
went bankrupt that's it but they will always have to prove it.
The grievance and arbitration process is one of the most important articles of the Collective
Agreement as we have previously talked about your company may not be laying you off your
company may not be paying you less but your company may still not be treating you very well
and there may not be any mechanism to handle your complaints against irresponsible
management demands and that could be the reason that people could form a union and the
example was Costco so that is where it comes in place grievance and arbitration procedure is all
about if a manager or a supervisor makes a decision that the employee considers that is the
unionized employee considers is unfair they can then involve their Union about it and the union
can then choose to file grievance with the management ownership of the grievance lies with the
Union which means the union may decide not to take up your grievance with the management in
that case if you feel that your agreeance is valid you can file a complaint against the union with
the labour relation board.
For now, let's assume that the union took up your grievance.
Step 1 Is usually to meet with the supervisor.
Step 2 Is to meet with the middle management if the grievance does not get resolved at the
middle management level.
Step 3 is to meet with the top management if it doesn't get resolved at the top management level
then the grievance might go all the way to the arbitrator where both parties will have to agree it
will be initiated by the Union that we are taking it to the arbitrator and arbitrators’ decision is
binding.

BENEFITS TO WORKERS

Within the grievance process there are timelines for each step now the timelines
can be directory that means you should more or less abide by the timeline and if
you are up or down a little bit that's okay; all the timeline can be mandatory if the
timelines are mandatory and the union does not follow those timelines then the
management will automatically deem the grievance to be resolved that means
abundant by the union so you see that means a mandatory timeline in the
arbitration process is always bad for the Union it is never bad for the banishment or
grievances happened and I'm happy problem is automatically sold on its own so
that means the union should never go for mandatory timeline and in fact it is
usually a good idea to mention in the grievance procedure itself that these are more
directory timelines or use the word more or less 5 days so that it is clear but also it
has to be understood that if the timelines are mandatory is that timeline historically
been used by the management if not then they cannot claim mandatory randomly.

Bargaining unit Work:

It is the job that is done by the people who are the members of the union for example I am a
member of the Cupid 2 Union of the University of Manitoba obsessional lecturers, and my job
includes creating a course outline and developing a plan of teaching developing a plan of
evaluating and all other related activities so that becomes then bargaining unit work.

Union security:
This article may be more important to the union than any other article of the Collective
Agreement more important than seniority more important than the compensation salary package
because you cannot do anything if you don't exist if you are dead what can you do so you have to
first survive this is all about survival there are many ways Union can secure its bargaining rights
one is closed shop means the management has a right only to hire people who are already union
members no management should ever agree to that; maintenance of membership that means
those people who became union members at the time of formation of the Union will remain
members and nobody else has to join the union no Union should ever agree to this think about it
let's say there are 100 people 60 people were union members now the company hired another
hundred people now there are 200 people but how many union members still 60 very good
chance that Union can get decertified earlier 60% of the workers were unionized now only 30%
of the workers are unionized so Union should never ever sign a Collective Agreement saying that
then there is Rand formula some kind of a formula where we say okay this much percent should
be union members but the best one for Union shop is Union shop means the management can
hire anyone they want but the person will have to join the union the moment they join the
company so they will automatically become union members for example University of Manitoba
is a union shop so if I hire you as a grader tomorrow if you say yes I will do the grading then you
will automatically become a union member if you say that I don't want to become a union
member then the job will be taken away from you and all the unions will always want Union
shop they should never compromise on this they might compromise on salary increases because
self-interest is more important than any other interest.

Contracting out that means the work that is usually done by the bargaining unit people can be
done by Outsiders as a general rule the union should never agree to Contracting out and even if
they do agree to Contracting out they should have a clear-cut written statement in the Collective
Agreement saying that because of Contracting out normal working hours of our full-time
employees will not be reduced and at the same time nobody will ever have to be laid off or lose
their job or continue to have lost their job because if let's say there is extra job available first you
bring in your laid off employee rather than contract employees so these kind of things should be
made very clear and in fact you should go ahead and say that Contracting out should be only
given after ample opportunity of overtime is given to the current full-time employees there are
some people who might want to work more that you don't want to go home specially in today's
conditions where a lot of people are having a single you might as well work more importantly a
lot of people who are married they're definitely want to work because they don't want to go home
and fight too much they don't fight at all nice.

Discipline and discharge should be a just cause the whole procedure

should have been followed there should be progress.

and there should be time limits for example you were disciplined for a wrongdoing that discipline
statement will remain in your files for 6 months and after 6 months it should be taken out
Collective Agreement the union should say that the letter should be automatically taken up the
management usually says that you can request the letter TV so that brings us to the previous
class? you cannot bring them right now because you must have already given them a morning
which in itself isn't disciplinary action on that busy has been punished you cannot punish
somebody twice for the same offense I mean in us there is a controversial law that three strikes
law right you do one time you get one punishment you do two types you get the second
punishment just for the second one but you do three times they'll say you are you go in jail
forever that was all created because of privatization of jails because that is what the private
companies want they don't want their youngsters to be empty they want money to keep on
coming that is why justice has become very polluted in you jails cannot be private only one
objective for a private organization maximized profit and the jails can only maximize profits of
the jails are full and they can only be good if you have stolen in Roseville bread and you go for
10 years so that is discipline and discharge first of all Progressive discipline so that means first
verbal morning which is still written warning then written warning then suspension with band
suspension without pay than firing but there is a time period and in that time period if you did not
make a mistake again or did not do that wrong thing again then you.
Discrimination the management should only have one right line written here we will follow the
law of the land Union might want a more detailed discrimination definition.

Seniority will start after the completion of the probationary period bumping will be allowed in
multiple departments that means if you were the job that is currently being done by the senior
person is gone then you cannot lay off the senior worker you still have to lay off the junior most
person and the senior person will be bumped or will be bumping that Junior person and taking
that Junior person's job so all Junior Persons get bumped one and then the senior person gets the
job just one step down. For example I used to teach gmgt 4010 since 2004 Sean starting
teaching it in 2018 or something but once he got once he taught it for three times he got his right
of first refusal so now whenever there is one section of gmgt 4010 available instead of coming to
me it goes to him why because in the University system he is more senior than I am yeah like I
joined in 2022 he joined in 1998 so he has a ranking above me so he seen it right so accordingly I
am bumped so he gets the job first and then if there is another section available then I get the job
so this ensures job security seniority is very useful thing at your age you don't understand it I
never used to understand the whole concept because I was very nice I thought people are usually
more reasonable but As I Grew Older I understood that power corrupts and powerful people
make unethical decisions all the time and that is where exactly the seniority and security helps
you that is why in the very first class I asked you to write why it is a good thing for IT workers to
be unionized because they are a very high skilled people who are the most likely to be replaced
in their early 40s to early fifties are basically after the age of 40 they can be thrown out any time
so if they are unionized yeah they are so safe along with bumping unionized and bumping perfect
that's exactly what the people in Google or Facebook are Amazon want now that artificial
intelligence is becoming more and more important becoming a union member is even more
important than ever because no matter what whether your unionized or not unionized then the
artificial intelligence time will come you will lose your job but at least when your unionized you
will have more job security okay within job security or seniority comes another thing known as
super seniority that means the union official will be the one to be laid off at the very end even if
they are the junior most employees so that basically it is given so that during the time of layoff
all the employees union members needs have to be taken care of by the union officials so they
cannot be fired because they are junior so that is why they get super seniority so it has to be
written in the Collective Agreement.

 Health and safety follow the legislation and create a joint committee in North America life is
very costly it's not like you can 100,000 people in China or India f*** that nobody cares here if
you kill somebody you will have to give millions of dollars I'm in Canada not that much but in
the US you're f***** and so it is best to have a joint committee where union members are an
equal part of the Safety Committee and whatever.

Wages you can say we will give the legislative minimum wage or will follow the legislation
and give the minimum wage required management will say or you can say that we will give $5
more, or the union can say no we won't call our protection cost of living allowance that means
the salary will increase by inflation rate, but you can say you.

For vacations the management should say that we will follow the legislation Union should
demand more than the minimum, but management should also say that the vacation and leave
applications should be given 6 months in advance that is a must the union should not be allowed
to negotiate that because otherwise in August everybody will be on holiday and that nobody will
be running the company.

 Benefits the management should give a cafeteria type of benefits so that whoever wants
whichever type of benefits takes it usually speaking it is a good idea if you have many women to
have a daycare center for younger women who may want to have kids at least for now it will still
work but may not be needed in coming years already Canadian birth rate is 1.3 and South Korean
birth rate is 0.89 my educated guess is with the last 3 years of cost increases we are going to go
below one very fast very very fast but there is a huge difference between South Korea and US we
still bring an immigrant’s South Koreans don't do that neither.

 Hours of work and scheduling legislative 30 minutes for lunch which does not need to be
paid but the union May demand that it should be paid to 15-minute coffee breaks that need to be
paid by the management.
 Overtime most of the companies will adhere to any extra work done over and above 8 hours in
a day will be turned. will 1 * more than 40 hours per week done should also be overtime but the
unions may ask for far more than minimum legislation I used to work for Indian Oil Corporation
a Fortune 500 company our workers would get on their off days if they worked, they would get
200% of the salary plus a day off it was a great record they had created making a lot of extra
money by doing overtime.

 Technological change management should only say that if there is a layoff chance or a job
will be affected because of technological change we will let the manager the union Note 3
months in advance Union may say that we want you to not lay off anybody for technological
change management will not agree to that or Union might say okay in that case you have to give
at least 6 months off salary to anybody laid off because their job is management might go for that
but may not.

 Leave just say we will abide by the legal requirements of bereavement leave is there jury duty
leave is there in the bereavement leave process will it be weekdays or working days how many
days is that so that you can get a bereavement? Nowadays it is very common to add your pets
there I'll always agree that pets should be before anybody else I'll be more than happy if my dogs
die than if my relatives die. Union business the employees should get 30 minutes of free page
time per month to consult with their Union representatives for any kind of Union business that is
what the union should demand and the management will say okay we will give them 30 minutes
but unpaid why should we pay; Union will also demand to get an office within the premises and
the management will have to give that I think that's an illegal requirement; Union may also want
the use of a big Hall whenever they want maybe two times in a month so, for example, room
number 343 in Drake Center if the union wants to use it for an hour and a week or something the
management should give it to them without charging them money so that they can bring in
people in addition to that there can be a various number of other Collective Agreement articles or
terms like education or like remote working or like flexible working times or teleworking so as
long as anything that affects the union-management relationship or union workers.
Chapter 7LR CD
1. One collective agreement provided that the union represented “all
employees of the university for whom the Association is the certified
bargaining [agent].” The union certification provided that the union was
certified as the bargaining agent for “all employees of the university …
except …” [the exceptions are not relevant; student employees of the
university were included in the bargaining unit]. Under a special federal
program designed to provide work for handicapped students, the
university allowed a student to work in the library cleaning books and
shelves. This person did work that was the same as that of some bargaining
unit employees. The university did not pay the person; the federal
government did. The union filed a grievance that claimed the person was
covered by the collective agreement, should be paid the wages mandated
there, and should pay union dues. The university responded that the
person was not covered by the collective agreement because the university
did not pay that person. Also, the university relied on the fact that no
bargaining unit employees were displaced. Should the grievance be
upheld?
Ans:  union grievance upheld, and the student was hired by the university, so
students think the university is the employer.
 the university is controlling the employee effort, schedule, and lay off
the employee.

2. One of the union’s concerns is job security. Which articles in the collective
agreement will directly or indirectly affect job security?
 The grievance
 The contracting out
 Seniority
  Management rights
 Technological change

3. An employer is negotiating a first contract with a union. It has found two

alternative provisions regarding job vacancies that could be included in the
agreement as follows:

(1) One that provides that seniority will be the determining factor if the skill
and ability of two contending employees are equal.

(2) One that provides that the employee with the most seniority will be
awarded the job provided that he or she has sufficient ability to do the job.
Explain which of the two provisions the employer should seek to have
included in the collective agreement.

 The employer wants 1 decrease the costs.

 The union wants 2 to increase job security.

4. A discrimination article in a collective agreement provided that there would be

no discrimination on the basis of sex, age, religion, etc. When employees turned
65, they were told they would have to retire. Employees did not want to retire.
Is there a basis for the union to file a grievance? If this matter goes to
arbitration, what result do you expect? Explain your reasons.
 Yes, you can file a grievance, but the unions will win.

5. A collective agreement provided that an employee would be entitled to five

days’ leave with pay upon the death of a parent. Gwen worked Monday
through Friday. Her stepfather died on a Saturday. If you represented the
union, what leave would you claim Gwen is entitled to? If you were the
 employer’s HR manager, and you wanted to reduce the leave as much as
possible, what would your position be? If you were an arbitrator, what
leave would you order be provided to Gwen?

6. An employer is negotiating a first contract with a union. It has found two
alternative provisions regarding benefits that could be included in the agreement as
follows:
(1) One that provides that the employer is obligated to pay insurance premiums to
provide certain levels of dental, eye care, and other benefits.
(2) One that provides that the employer will make available specified dental, eye
care, and other benefits.
Assuming that benefits will be provided, explain which of the two provisions the
employer should seek to have included in the collective agreement.
 employer wants the (1).

6. A collective agreement provided for a definition of technological change as

follows: “Technological change, … shall include automation, mechanization,
and process change, and means the introduction of equipment or material of
a different nature or kind than that previously utilized. …” The employer had
an existing computer system in its two locations connected to a network via a
modem. Changes were made to the computer system that resulted in layoffs.
The union claimed there had been a technological change and accordingly,
certain protection in the collective agreement was available to employees.
What could the employer’s response be?


Class exercise is that for each article during new negotiations what is it that
the union will want changed and what is it that the management will want
changed….. indi if not submitted will result in -2 points
For maple leaf case name the file maple leaf soln and upload by 10.45 am
today
1. There should be a time limit that should be listed on the collective agreement to ensure
that disagreements and grievances are addressed in a prompt and timely manner.
2. The duration or term of the agreement should be included to promote a sense of job
security for unionized workers and ensure at least a one-year agreement.
 3. the bargaining unit work should be an article to prevent work and tasks assigned to the
non-bargaining unit.
4. the hours of working should be specified and separated from overtime work to
acknowledge the minimum and maximum working hours set by the legislation.
5. Benefits should be acknowledged to promote non-mandatory benefits to unionized
workers such as specified health care payments.
6. health and safety: make sure union members will get the safe working place to prevent
injuries.
7. technological change: like if there’s any change in the technological process then union
employees cannot be laid off.
8. Contracting out article should be highlighted to impose a clause that prevents unionized
workers from losing opportunities and paid work that they are qualified for.
9. When layoffs happen, it should be based on seniority alone. If a more senior employee is
not trained to do a task and a less senior employee is, the more senior employee should
receive the proper training and the less senior employee is laid off.
10. Employees should receive proper leave in certain situations such as parental leave and
injuries outside of work. Employees should not be terminated due to their inability to
work because of these things.
11. Strike and lockouts: this rule can change, if something happens during the agreement
then the union can have the right to strike.

NOTES
Importance of Collective Agreements
Employer

n Costs of operation

n Control over the workplace.

Union

 Protection from raid or decertification

 Union dues and membership

Employees

n Wages and benefits

n Job security

Public

 Impact on prices of goods and services

 Quality and availability of goods and services

Mandatory Collective Agreement Terms

1. No strike or lockout during the agreement

2. Arbitration of disputes

3. Minimum term of 1 year

Collective Agreement Terms

Grievance (Rights) Arbitration
Time Limits in the Grievance Process

Mandatory:

If limits are not met grievance could be dismissed by the arbitrator

Directory:

Failure to adhere does not prohibit an arbitration hearing.

Forms of Arbitration

n Arbitration Board: employer nominee, union nominee and neutral chairperson

 n Single ad hoc arbitrator

n Single arbitrator – list established in the collective agreement.

n A single arbitrator (permanent umpire) is appointed to hear all grievances for a

specified period.

Possible Union Membership Requirements

n Closed Shop

n Union Shop

n Modified Union Shop

n Maintenance of Membership

n Rand Formula or Agency Shop

n Open Shop

Discipline and Discharge

Will the collective agreement contain any of the following terms:

1. union representation in any disciplinary meetings.

2. notice and written reasons for any discipline.

3. time limits on any disciplinary action.

4. sunset clauses which require any previous adverse reports or incidents to be removed
from the employee’s file after a specified time without any issues arising.

5. specific penalties for misconduct.

Discrimination Provisions

1. Refer to and confirm compliance with legislation OR

2. List specified grounds of discrimination.

Seniority: Uses or Types

1. Competitive status: seniority is a factor when choosing between employees.example:

promotion, or layoff.

2. Benefit status: seniority determines entitlements.

example: vacation

Chapter 8: Negotiation of Collective Agreement

Labour negotiations have distinct features because of a few very unique things.
 It is an ongoing relationship.
 A large number of issues are involved in anything that has to do with the employee’s
professional life including some parts of their personal lives which are based on the work-
life balance are which are based on some kind of compensation package or anything
about getting some kind of benefits to do can be negotiated with the employer by the
Union on behalf of the unionized employees.
 This relationship cannot just be nullified most relationships with negotiations taking
place you can just break it off and move on to two separate locations and never meet with
each other it is not possible in this situation especially because for that to happen most
probably the company will have to go back.
 The agreement requires approval of the constituents so that means if an offer is being
made by the management to the union will have to take that offer to its members and the
members will vote whether they will accept the offer or not usually speaking they are
given advice by the union officials to accept or not and they usually follow that advice
that's a separate story.

Bargaining structure in Canada can be off the following type and some other types which we may
not discuss here.

* Single Union single employer single establishment.

* Single Union single employer multiple establishments.

* Industry bargaining multiple Employers in the same industry which are being represented
whose workers are being represented by a single Union or could be represented by multiple
unions, but they all came together to decide that they will negotiate together. Within the industry
bargaining there could also be a way that there could be a single Union which will negotiate first
with the employer that is considered to be the weakest get the best deal and try to get that best
deal imposed to other employers becomes very easy after that or within the industry bargaining
there could be multiple unions but they will give indication to each other that one of the union
which represents the employees in the weakest employer will do their bargaining first once they
have established the rules of the game or the Collective Agreement then all the rest of the unions
will just want to imbibe that particular agreement usually speaking if the other employers are
against the giving of the same or the similar Collective Agreement to their Union the union will
take it to the arbitrator and arbitrator will most likely side with the Union saying if one company
can do it why can't you so industry bargaining can have these three different styles technically
they are two Styles right but the third one I'm just saying is because there could be multiple
unions or just one Union.

subprocesses of negotiation

 Distributive bargaining is pretty simple pretty straightforward we have a million dollars

the more I give you the less is left for me so basically the amount of resources available is limited
and they have to be distributed I don't want to distribute I am greedy I want everything for myself
so some of the crazy people they go on to say why what about the integrative bargaining what
which will be win-win why don't we increase the size of the pie instead of creating 1 million
dollars how about if we create 2 million dollars then you can give more to the employees it
doesn't work that way why because I'm greedy even if the pie size increases I still don't want to
give anything to anybody else pretty simple look at Elon musk's latest interview if you were if
you you're smart you don't take waste your time on very good news.
 Integrative bargaining will increase the size of the pie the biggest problem here is how
will you increase the size of the pie it is not that straightforward forward and the second thing is
even if the size of the pie is increased I still want everything for myself because of greed I don't
want to share it with anybody plain and simple greed never ends also some people who talk about
integrative bargaining think that there could be a possibility that the one party wants one thing
and one party wants another thing.

Attitudinal restructuring let bygones be bygones let's start a new but that doesn't
happen right anybody.

 Intra organizational bargaining within the organization there are different Power
groups for example the older people will want more focus on pension job security benefits
younger people will want higher cash wages because they are cashed and they don't get sick what
will they do with the health coverage that much married slightly above younger class that is
nonetheless okay of the want daycare, facility medical sick all the time in fact for at least the first
eight years they are sick and then they will also want to maternity leave parental leave in addition
to that so that means within the organization there will be within the union membership there will
be different elements that are needed by different groups of people who are union members.

Types of Union Management Relationships:

1. Conflict Walmart Starbucks Amazon Apple Google Facebook is consistently showing

very heavy conflict they are openly flouting the laws now that is the beauty of white-
collar crime unless until you have directly stolen money from somebody through Ponzi
schemes or anything and even if then you go to a minimum security prison but if you are
openly doing crime as the companies do like flouting the Union laws or labour relation
laws or stealing somebody's technology like apple gets caught every year stealing some
technology or the other generally nothing happens to you just keep on fighting the case
 for 15 years and then give somebody 10 million dollars that 10 million after 15 years and
including all the inflation is worth $100,000 not big deal.

2. containment of aggression we don't like each other especially the management doesn't
like the union, but it accepts the legitimate right of the Union to exist which means they
will work through and negotiate. Collective Agreement even though they will file
negotiating they will not give to the demands of the workers or even if they give to the
demands, they will give in to the demand very little. so basically, they'll say no we can't
give.

3. Then you accommodate accommodation of each other that you are going to be working
so you have to maintain a kind of cordial relationship.

4. cooperate not cooperation is something that does not necessarily exist in North America
for example General Motors has been given the name Generous Motors because the union
always makes them give a very good deal for the union but then again that is not
technically cooperation means here the union has a bigger bargaining power so they are
abusing the power just like in other examples we just talked about management has a
bigger power so they are abusing the power it's the maxim power corrupt absolute power
corrupts absolutely Whoever has power will abuse it which we have established in the
classroom itself so many times by just reminding us of how our parents used to tell us you
can't do it why.

5. Cooperation is the main name of the game in the Eastern Union especially in Japan
where both the union and management come together to try and figure out how they can
make sure that whatever action is being taken by both parties is good for the company but
that also will mean that during economic bad times, the workers will not lose their jobs
that also means the top management is not taking exorbitantly High salaries that also
means that when economic downturn or something wrong happens the workers don't get
laid off and the top management doesn't end up getting high salaries which happens
always in North America. For example, the Toyota CEO's salary is just 1 million which is
the most profitable Auto Company in the history of the world. one of the most apples,
 food stalantis General Motors hardly ever makes any profits on their guys are making 15
million to 20 million dollars salary Tesla just gave 55 billion to Elon Musk and he wants
more he wants another 200 billion from them.

6. Collusion

Factors affecting Union demand:

 Experience with Collective Agreement no see this is why it is a kind of a irony when I
say this for men and negotiation and that would create some kind of skills right it would
create some kind of reality and I would artificially also say that will I'll be making you sit
at C plus now if you give something to other party that means you are going to get paid
less so that means your grade should go down and the other part is great will go up so that
created a lot of real life stress so that's why simulation right that was very useful exercise
because here I am giving you a sentence which says experience the more experience you
have the better you are at getting a result that is useful right so now the problem is there is
another course in the fourth year that is collectivity negotiation simulation exercise some
students even after reading this very lying they still went to the head of the department
and said what is the difference between the labor relationship they forgot the most
important lesson that the more you repeat something the better you get at it but I cannot
make you go with the simulation anymore because the head told me to not do it yeah I
give a f*** but you're the boss I don't think you're smart enough so that is the sad part of
irony that is why I said so experience the more you negotiate the better you get it
negotiating the more experienced you get the better the chance that you will be able to
come up with it result that is acceptable to all parties involved.

 Grievance and complaints filed by bargaining unit members.

  Feedback from the bargaining unit members.

 Input from our parent Union could be the International Union or our national parent
Union.

 Economic forecast if the economy is going to Boom or there is a high inflation rate, we
will have, and the company is making higher profitability because of that then we will
have a better bargaining power and a better chance at asking for a higher salary and
wages.

 Contract settlement in the industry and locally.

Bargaining power of the employer:

 Experience with Collective Agreement negotiation.

 Grievance and arbitration issues and the decisions that were made by the arbitrator.
 Feedback from the managers
 Business plans
 economic forecasts
 Contract settlement of the industry and local as you can see are Associations done during
the Collective Agreement are very different than the type of negotiations that you end up
doing with say car dealerships Etc. Collective Agreement negotiations are done between
two parties whereby both the parties have been trained in the art of negotiating so that
means on both sides of the aisle there is an understanding that there will be three stages
of the negotiation First, is the establishment of the negotiation range you are the union
you asked for 100% raise in the salary I am the management I give you a call forecast of
economy and I say that you should give us 20% discount because if you don't and we
cannot reduce the salaries of the workers then the most probably will not survive
economically speaking as long as I can give you some plausible reasoning it will not be
called as surface bargaining it will be just called as hard bargaining just like yours of
100% increase was hard bargaining now the range has been established from minus 20%
 to plus 100% now we talk we ask each other a lot of questions a lot of reasoning we asked
for why you want this and I you ask for why I am doing what I am doing right. For
example, are you an international student do you work outside do you are a Canadian
student do you work just in the summer anybody who works regularly Hudson's Bay okay
where do you work huh okay so let's say you most probably are getting $22 per hour okay
and let's say you're most probably getting say 16 to 17 dollars per hour okay see not that
bad right so that is the search phase you ask questions then you create what is it that they
will be ready to agree at what is it that is there bare minimum see the union I lost 400%.
so what is it that 100% is a number that is given so that they can get the most out of you
but what is it that they will accept without going to that is where your talent will shine not
just on its own but with experience with understanding of how things are with the
knowledge of how things are working in the industry and overall in the country and other
equivalent jobs. So, you think that the union will accept 5% without going to it Union on
the other hand also trying to figure out how much you are ready to pay without making us
go on his side or send you over go outside I don't care I can't give you more than that
because they have already done the calculation on if the strike will take place it will last
for 3 Days 3 weeks it can also depend on which industry we are talking about if you're
talking about Auto industry with the people average wages of the worker are about
90,000 US dollars in the USA then the strike can last five to seven weeks because people
have the pocket but if you're talking about the workers who are working at Amazon right
so for example of the professors here will go and try that side will last for 5 weeks
minimum why because they are getting $110,000 average salary already so they can
handle five each dog or five weeks with just 400 or 500,000 per week right so those are
the calculations.

Actions deemed to indicate bad faith:

 Surface bargaining remember I said minus 20% when the economy is actually growing
but even then it will be very difficult for you to prove that I am bargaining in a way that I
am not interested in finalizing a collecting agreement that's surface bargaining but it is
almost impossible to prove that any party is indulging in surface bargaining don't just say
we are we are just doing hard bargaining you don't want the hard parking is fair so
 Refusal to meet I just said that right you cannot just refuse to me.
  Objection to the composition of the bargaining unit or I just said that okay I will not
negotiate when she's in the meeting you cannot do that.
 An unlawful strike or lockout threat means you cannot just say we will walk out right
now if the Collective Agreement is in place that will be an unlawful strike.
 circumventing the union and directly going with the union members it happened to our
university in the last two last no not last strike the art without strike I think the president
of the University started directly communicating with the professors in the professor's
Association and they filed a complaint and it went to a lawsuit and finally the Judgment
has come and I think all the professors were given $2,000 compensation or something just
fun fact from the University of Manitoba I know this because my wife got some payment.
 Failing to provide information even the information that was not asked for is important to
the employer-employee relationship sometimes there is information that is not available
to the union so how will they know that we have to ask for it.
 Failing to explain proposals or you cannot just say I'm your dad that's why it doesn't work
that way but then again, I have just said that explaining something is not that difficult.
 Changing position without justification. So, This means you can change position, but you
have to give justification you can say okay at the time when we were offering you 10% at
that time there was an economic forecast of a 10% increase but we have seen in the last 3
months that our sales have gone down so we cannot give you 10% race that is
justification so that is okay.
 Last minute demands so you cannot just add the crisis over you cannot create a new
demand so when you are at the last end you cannot create a demand, but you can during
the search phase yes you can create new demands that's okay.
 Illegal demands you cannot say okay we will pay you 10% extra, but we will give it the
extra payment to in coupons for Walmart. Walmart is not unionized but there was a time
when Walmart wanted to pay its workers in Walmart groceries it's pretty f***** up.

Factors affecting employers’ bargaining power:

 Inventory levels if High bargaining power is high because even if you go on strike, I
don't care we have a thousand Jeeps in the next 6 weeks we only sell 600 Jeeps we will
still have 400 left to go on strike.
 Interdependence of bargaining units. Now if there is too much interdependence then the
bargaining power is low see this is exactly what the Moon doesn't matter so what they say
they were thousands of employees who would have gone on strike and that would have
made the strike funds needed balloon to a large number of amounts of money so what
they did was they only strategically placed a one particular Factory employees on strike
so everybody else was getting paid by the company see the smart thing the manager
Union did but because this this Factory was close because the universe the union is only
making striped payments to 2000 words instead of 80,000 the rest 78,000 workers are
being paid by the management nowadays now the management then obviously we're
paying these extra workers for a couple of weeks yes that's exactly what happened so that
is exactly so in a couple of weeks then four decided to lay off the employees and other
factories now this was also calculated because now you are laid off then you will get
employment insurance right so then again the money is not coming from the union but at
the same time Union got an upper hand at this Saturday so you see the management
image got a little bit negatively impacted and The New Butt management had to do it like
she said it was obviously the best thing to do because if they would not have done it the
strike would have gone on for a lot more because the union pay the employment
insurance pay is like minimum pay $400 or $500 per week and people who are used to
spending $19,000 a year they can't live in time there's something which is known as life
cycle as you start earning more money you start spending more money and then when
you stop earning the high amount of money you are f***** who is your already used to
nice things.
 Competitive position of the employer now if let's say there is a shortage of product
because of the strike will the customer go to your computer and buy their product or will
the customer wait let's say it's an iPad there is a shortage I wanted to buy an iPad and
iPads are not there I'll sell but I will wait for 2 weeks rather than buying a Samsung so
that means computer position is strong so I can go for okay go for strike I don't care kind
of thing.
 Ability to continue operation so which means interdependence is very low or more
importantly you can hire somebody right off the street to do it for example many years
ago 8 years or 9 years ago there was a strike of janitorial workers in the University of
Manitoba and for a week or so there was a little bit of a problem but after I mean they
immediately contracted outside cleaning agencies but this is a huge place right so outside
cleaning agencies can don't have like 100 people sitting around just for a strike to happen
at University of Manitoba but initially there was a problem but slowly after a couple of
weeks the cleanliness of asper school as I know at that time I didn't know about other
 places started improving so that means even though the workers were on strike we were
able to still run the operations initially not as well later on the operations will run better
but not up to the standard that obviously we have because we have lot of students coming
in and going from the school.
 Bargaining structure do we have many unions did we do that nursing case study right and
what did we decide if there will be two unions that will be better for the management or
for the workers that will be better for management because now they have one nurses
group that wants to go on strike we have another group that is working so we will run the
company so you see the bargaining structure can decide the bargaining power of the
management.
 Public opinion if the economy is good right now public opinion is that these companies
should pay some more because for the last two or three years the standard of living has
gone down so much.

Timing of the strike now if let's say the financial clerks at the IRS go on strike in October who
cares if they go on strike in March or April that's the problem effectiveness of a strike will also
be in the form that weather when you go and strike the company suffers in sales effectiveness of
picketing that that is where they go around the road and tell you that though we are on strike our
management is s***** so are you getting some publicity positive or negative if positive then
good negative, not good labour cost as a percentage of total cost if it is very low already you
have higher bargaining power but if it is already 25% or above then the management will be
more strict and unable to give you more money.

The elasticity of demand is high than the bargaining power of the Union is low because that
means any increase in wages will lead to an increase in the prices of the product would lead to
reduced buying by the customer it's not like chicken that was $6 and now it is eight dollars that is
33% increase in price and people still buy the same amount or bread or eggs which used to be
like $14 for a tray and now they are like $20 for a tray.

The elasticity of demand is high than the bargaining power of the Union is low because that
means any increase in wages will lead to an increase in the prices of the product would lead to
reduced buying by the customer it's not like chicken that was $6 and now it is eight dollars that is
33% increase in price and people still buy the same amount or bread or eggs which used to be
like $14 for a tray and now they are like $20 for a trip exit costly. Public opinion if Pro unions
like right now public opinion is very Pro-Union the last two years have been the most Pro-Union
years in the last two or three decades there has been a huge effort going on, especially in the US.

Notes
Negotiation of the collective agreement

Labour negotiations have distinctive features

• Ongoing relationship
• Large number of issues
• Legislative requirements
• Agreement requires approval of constituents

Bargaining structure

Single union, single employer with a single establishment

Single employer with multiple establishment : single union

Industry bargaining : multiple employers in the same industry are doing a joint negotiation with
the union

Sub processes of negotiation

1) Distributive Bargaining

2) Integrative Bargaining win – win increase the size of the pie

3) Attitudinal Structuring ex let bygones be bygones

4) Intraorganizational Bargaining within the organization ex flex worktime for women or

child care for parents but pension for older people
Types of Union–Management Relationships

1) Conflict 2) Containment-Aggression ( accept legitimacy of the other party)

3) Accommodation 4) Cooperative 5) Collusion

Stages of negotiation

Establish the negotiation range

Search phase
Crisis phase
Factors affecting the union-management relationship

Chapter 9- Administration of Collective Agreement

The most important part of collective agreements Administration comes from the grievance and
arbitration article:

The grievance procedure usually has four steps:

 Take the grievance to the supervisor usually when you are filing a grievance the union
officials get involved so they have to be present at this level grievance will most probably
not be resolved because you're grievance most probably arose from the supervisor’s
actions.
  Next, the grievance goes to the middle management level if it doesn't get solved here then
it goes to.
 Top management level if the grievance does not get solved at the top management level
then both parties will agree to take it to the arbitrator but an arbitration decision is binding
and costly so there are times when there is an understanding between the parties they
don't want to take the Grievances to the arbitrator. For example at as per School Cupid to
my union officials have more than once told me that they will never go to the arbitrator
they are saving a lot of money but obviously that kind of a stand is not very smart as to be
openly stated if I would have say force them and they had not gone to the arbitrator I
could then take them to the labor relation board for indulging in unfair labor practices and
they will most probably lose there because I'll say see Grievous must have had a merit
that it was taken all the way up to the management top management level and suddenly
when it did not get sold at the top management level and you are refusing to take it to the
arbitrator it's lost Merit plus you have openly stated you don't take any of the Grievances
to the arbitrator that clearly suggests that you have a bias and you want to just save your
money which you have taken from us so you are not giving us the best service you can so
if nothing else it should not be a policy that should be openly discussed anyways but it
should generally be a good idea not to take grievances to the arbitrator because that also
ends up in making the relationship between the management and the union worse but then
at times it is important to take the Grievances to the arbitrator also to establish that the
management cannot really are unreasonably take any kind of action this is just to
basically remind people in power that they cannot abuse it too much I mean they will find
ways to abuse it anyway but not abuse it too much is the thing.

The grievance and arbitration process has many benefits:

 It helps provide a dispute settlement mechanism.
 Ensure compliance with the Collective Agreement takes place.
 Provide a forum for additional bargaining while the Collective Agreement is in place.
 Settlement of disputes will occur without interrupting Work Management is happy Union
is happy because the employee will continue to get work and continue to get paid so
pretty much all three parties are happy right management Union employees.
  This settlement of dispute will take place before the next round of negotiations for
Collective Agreement so nobody will have to wait for a very long time that said
unfortunately if the dispute does not get resolved at the top management level there is a
huge delay that takes place in settlement of dispute because first of all the arbitration
dates are set for maybe 6 months or 1 year into the future and then it will take its own
time that is why it is also said Justice delayed what is that is Justice tonight in fact I can
go ahead and in my lifetime with my experience with pretty much India and Canada tell
you one thing once you get involved with the system you are even if the system at the end
gives you a free total freedom you were punished enough because the bureaucracies
views the churn out with so many complications for a person whose life in itself is
already pretty complicated you have to earn your living and then you have to cook your
food and then you have to do all the s*** yourself anyways there is nobody out there to
help you out and in addition to that you are now stuck in this whole fight and you have to
go through the whole justice system that is punishment in itself do a great extent I think
that is why I admire the Indian system of justice a lot more than I do any North American
system because over there when I was studying I came across a lot of cases and I did talk
to a lot of people who were working for justice department the judges and most people
involved in the justice system has this thought process whether you know what an in
India it goes even longer because there are 1.5 billion people and they're not many
resources right so your justice system takes years now also that is true that some of the
culprits may not see the jail but you know what they're even if they don't see the jail their
life for the next 25 years will be going in and out of the courtrooms not easy.

Benefits for management

 Provide communication and consultation mechanisms.
 Provides checks and balances on the use of Power by the management.
 Provides a voice mechanism to the workers which should lead to greater happiness for
the workers which will, in turn, show that people will not leave the or in other words
turnover will be lower because hiring costs money and even after hiring you have to
spend even more money to train these people and then there is still no guarantee that
these people will settle in our culture so the biggest chance of people leaving the
organization is in within the first two years so that means if a person has stayed with us
for more than 2 years and then they're leaving there must be a big problem with the
management not with the person that person doesn't want to leave you screwed him over
that is why this person is leaving.
Benefits to the union and Union officials
 Provides potential pressure tactics.
 Provides a method of opposing or resisting management.
 Increases Union Solidarity.
 Increases the political clout of the union leaders because a very powerful union leader
who always fights very passionately for their union members and will not shy away from
taking it to the arbitrator every single time they get a legendary status with their union
members and that also means if this person will say okay you know what all 5,000 of you
should vote for NDP then they will most probably end up voting for NDP that will give
even more political clout and power to this Union official which will intern give more
power to these workers God is the most appropriate way of running your union now
obviously yes some of you most of you will work for management but if one or two of you
feel like that you want to work for Union this is how you should lead your union become a
legend.

Benefits to the employee

 It increases job security.
 It provides a review of workplace Decisions by an outside party which in turn helps in
ensuring that they cannot be over exploited they'll still be exploited but not that much
technically lot less I would say I'm an air I can tell you from my personal experience as
both on being both sides in India I was there for 10 and 10 years almost 8 years on the
side of the management the unions were very strong unionized workers had their good
life there and they would make mistakes even then they would get Scott free over here
had it not just been for the union screaming over with their 11 section idea but overall
Union has done good protection they could have been a lot better I totally agree they
could have created a lot better power structure because our Union is powerless because
the sessional are powerless but the sessional are powerless because the Collective
Agreement that has been created is weak so technically the union negotiators are pretty
bad but that has to be understood to an extent because see University hires the best
lawyers and pay them quarter of a million dollars so they are the negotiators on the other
 hand the unions have the worst kind of skill set of people I'm going against such great
brains but they could still have gone through interest arbitration rather than rights
arbitration they could see okay if you don't have the power to go on strikes because your
workers don't want to go on strike then there is another way you disagree on the
Collective Agreement and let the arbitrator decide arbitrator.

Procedure that is followed during the grievance process or

procedural matters.
 Privileged communication example attorney-client relationship type that means
when the two parties are trying to negotiate amongst themselves until the top
management level whatever they say or do they are doing it in the best interest of
finding a solution but once the problem doesn't get solved at that level and it is
referred to arbitration the same things cannot be used to whatever offers for being
given during that process cannot be used again.
 Without prejudice that means again no party has accepted blame or can be given
blame the idea is both parties are standing together to just solve a problem. For
example, if you were around 10 or 12 years ago I had a huge problem with
another instructor he was a professor I had an instructor but this was a midterm
exam where three weeks for administrative policy I'm even forgetting what was
the real thing but there was a thing about 3 weeks versus two weeks and you know
I just said okay you know what I'm sorry but he kept on pushing it I said what the
f*** are you talking about the give you the respect and settlement but if you're
going to take it to all that I mean not take the sorry on the face value that I have
given you to save face and you are going to push the blame on me then I'm not
taking them f*** you and I see that to the head of the apartment go and solve it
now he was trying to you know take undue advantage of my nicest.
 So, the third one is a waiver concept once you have waved your rights you cannot
reclaim them and how the right to get blamed, we have a small case study we will
talk about Plus at that time maybe I'll talk about my case, or I may have already
talked about my case it was pretty interesting see. For example in 2011 the new
system came in where no new session but then the current president was then the
 dean of per school and at that time I was also kind of getting a lot of teaching
Awards so he gave they were seven people in the University were teaching more
than 11 and I was teaching the most and he gave us grandfather so after that in
2018 this guy went and new guy came in and the new guy along with the Union
decided on killing all the grandfathering It Was Written in the Collective
Agreement that grandfathering will be killed okay but now see the union should
not have done that but they did it because it was their idea so that is one situation
that Union is going against me and they didn't even talk to me about it but that is
also okay that was not a point I can fight very well I could stick to the thing that
they are the one who are working against my interest and they are taking my
money so technically I would have still won.

Types of arbitrations so:

Rights arbitration: It has to do with the administration of Collective Agreement if there is a
grievance and it is not resolved at the management Union level it goes to an arbitrator whose
decision is binding and Final.

Interest arbitration: The Collective Agreement may not be signed by the two parties because
they cannot converge their negotiations then the Collective Agreement decision can go all the
way to the arbitrator and in that case arbitrate there are three different types of choices one is that
the arbitrator will just take the demands of the union and management into account and most
probably give you somewhere in the middle on the second choice arbitrator will use the arbitrator
will take an article from the union put it in the Collective Agreement the next article from the
management put it in the Collective Agreement and so on they will not go in the middle but they
will take article by article.

Full Collective Agreement: The Collective Agreement according to management is given to the
arbitrator and a Collective Agreement according to Union is given to the arbitrator and the
abirritations so that is obviously way too dangerous so article by article sometimes is preferred or
somewhere as a compromise one can be preferred but obviously a compromise will be need a lot
more effort by the arbitrator so they will be charging more but that is exactly what is important to
understand then the union can do the right thing by forcing the management into a Collective
Agreement going all the way to arbitrator whose decision will be binding and usually speaking
this is where the unionized employees have been found to benefit more in research has shown
that there is a slight bias in favor of the Union then the Collective Agreement is decided by that
and most of the time it is because the arbitrator understand that the union is the party with less
power and the management is just trying to then abuses that is why slight benefit happens in
favor of the that.

Limitation on management rights

1. now we have already established the union wants a one line definition of
management rights where it will say Union recognizes that it is the responsibility
and duty of the management to run the company as they see fit as long as they
take decisions reasonably on the other hand management will want very very large
definition come broaden the definition the more power the management gets
because then it will be very clearly written about okay if you dance in your office
you will be fired see it is written there now you can't debate it now the arbitrator
cannot go against this so if it is written in the Collective Agreement then arbitrator
cannot make a decision but if it is not written in the Collective Agreement then
what is reasonable for you who is not necessarily reasonable for other party
because the definition of reasonable is very different for everybody in fact right
now 30 students are sitting in the classroom and each person has a very different
definition of what they should reasonably be doing in this classroom.
2. The management right is the law itself you cannot have a Collective Agreement
that can go against the law that can be over and above better than the law for
example the law says the minimum wage is 15 dollars but we are giving $20 that's
okay but you cannot give less than 15 dollars similarly it is human rights says we
are going to give these privileges you can say we will give even more especially
say against age we did talk about that age thing in the previous class right where
we said okay you know age is written so if the pilot has to retire he doesn't want to
retire and it's a safety issue give him another job.
3. Estoppel I just talked about the principle of estoppel where things should
continue going as usual.

 Even if the word reasonable is not written in the management rights the rules and
regulations of the management should still be reasonable.
 They should not be inconsistent with the Collective Agreement.
 They should have been used consistently you cannot pick and choose okay we will use it.
 The rules and regulations are clear and unequivocal.
 The rules and regulations are fair.
 The rules and regulations have been brought to the notice of the employees who are to be
affected by them so that does not mean you have the rules and regulations you have to
prove that you gave the employees enough knowledge and training and in that training,
all those rules and regulations were covered now the employees would have forgotten it
but the training certificate will be a clear-cut indication that they would.
 The employee should have been notified that they have been in breach of that particular
code of conduct and that the code of conduct is being consistently implemented the rules
and regulations about discipline should be based on the idea of natural discipline or
Progressive discipline which is a verbal warning which nowadays is still written warning
then written warning then suspension with pay then suspension without pay then
termination and somewhere in between you have to have the employee fix their mistake
by providing them with training opportunities and also it has to be understood that these
particulars warnings will be taken out of the personnel file of the employees after a
certain period of time usually 6 months for example if you are caught with academic
dishonesty at as per school it will remain on your transcript for a year after that you can
ask them to remove it my problem is that why I ask them just remove it after a year why
unnecessarily add more trouble for the kids or anybody.
 If the disciplinary decision goes to the arbitrator to create a judgment the arbitrator will
first look was the procedure followed remember in the very first day I think we talked
about how the postal workers were stealing and they put in the cameras all across and
they found them stealing red-handed and they fired them on the spot and then this went to
the arbitrator they will reinstated why because they were the law of natural Justice was
not followed or the procedure was not followed procedure means that once you accuse
somebody you should give them a chance to defend themselves you don't give them a
chance to defend themselves or provide an alternative argument then you are in breach of
procedures you know all the movies show that the policeman are saying oh we cash these
guys and they go out because the procedure is not for yeah in order to make sure that you
did not abuse your Authority because maybe one person in the whole world will not
abuse their Authority but we have established it everywhere 99.999999% of the people it
that that is also the reason why it is stuff for a common person because these procedures
though they are made to help the Common People unfortunately help the systems which
 are run by powerful people so technically they are helping the more powerful people that
is the most unfortunate.
 After it has been established that the procedure was followed then comes the fact of
misconduct so yes now let's talk about was there stealing was okay.
 Last Chance agreement, first of all, can be Last Chance agreement be done even if it is
again, Union and management can both come by and give and last chance to an
employee which is technically beneficial for employees so Collective even if a particular
article does not support it can still be taken into account the benefits are employee will
avoid dismissal employees motivated to rehabilitate possibly a valuable employee has
been retained and the cost of hiring a new employee and training a new employee has
been saved cost of arbitration and hassle of arbitration has been removed and
uncertainty of arbitration decision has been removed at the same time plus because it's
a last chance agreement the employee will be on a probationary kind of period so if they
make another mistake within that period they will be laid off or fired so basically then the
uncertainty of arbitrators decision will not be taken into.

Administration of collective agreement

Grievance procedure
‘ step 1 supervisor step 2 middle mgt step 3 top mgr

Finally: Refer to arbitration

Grievance and arbitration process

1.Provides a dispute settlement mechanism

2. Ensures compliance with the collective agreement

3. Provides a forum for additional bargaining during the term of the collective agreement

Benefits to the Employer, Union, and Employees:

1. The settlement of disputes without interruption of work

2. The settlement of disputes prior to next round of negotiations

Benefits to Management:

1. Provides a communication or consultation mechanism

2. Establishes a check on the quality and consistency of management decisions

3. Provides a voice mechanism which reduces turnover

Benefits to Unions and Union Officials:

1. Provides a potential pressure tactic

2. Provides a method to oppose or resist management directives

3. Increases union solidarity

4. Provides political benefits to union leaders

Benefits to Employees:

1. Provides a review of workplace decisions by an outside party

2. Increases job security

Grievance Process: Procedural Matters

 Privileged communications (ex-attorney and client)

 Without prejudice documents: a realistic attempt at settling a dispute, not an admission of
guilt, and generally not admissible in court.
 Waiver concept: waive your rights.

Rights (grievance) Arbitration Resolves disputes regarding the administration of a collective

agreement.

Interest Arbitration Resolves disputes regarding the terms (bargaining of terms of collective
agreement) of a collective agreement.

Limitations on management rights

 Collective agreement terms

 Law
 Estoppel: the principle that precludes a person from asserting something contrary to what
is implied by a previous action or statement of that person or by a previous pertinent
judicial determination.
 Requirements regarding employer rules: fair and reasonable
 not be inconsistent with the collective agreement.
 2. not be unreasonable.
 3. be unequivocal.
 4. be brought to the attention of the employee affected, and
 5. The employee must have been notified that a breach of the rule could result in
discharge
 6. The rule should have been consistently enforced

Discipline: restrictions like no fines no loss of seniority

Progressive discipline: verbal warning, written warning, demotion, dismissal

Chapter-9 part 2

Types of strikes are:

work to rule.

Wildcat strike

no restrictions strike.

rotating strike/ designated/ controlled.

Wildcat strikes usually happen in the Heat of the Moment because off incidents usually
accidents so there is a 100% likelihood that at the time of a wildcat strike, the Collective
Agreement is in place which will mean automatically that this strike is illegal and it is the
responsibility of the Union officials to ask with utmost sincerity and to the best of their abilities
the workers to go back to work otherwise the union will be held responsible and will have to pay
the losses to the management if after it the very sincere effort of the Union workers still don't go
back to work then disciplinary actions are possible but they will still be subject to grievance
procedure of the Collective Agreement.

Usually work to rule strikes also take place when the Collective Agreement is in place thus
making it an illegal strike but what is work to rule: it is basically we will do exactly what is written
in the contract not do even one extra thing so why should it even be considered as a strike the
concept of waiver remember that you have been doing certain jobs on a regular basis so your
job is essentially work as usual but if you stop doing that and go back to work to rule you are not
doing the work as usual so technically you are not doing a part of your duties and that means it
is a strike because if large number of people do it then it is a strike now they could claim that it is
a part of our contract so we should be allowed to do what is only written in the contract nothing
more but there is the catch you should have done it when the contract first came you did not do
it then so that means you waved your right you understood some kind of flexibility is a give and
take between the management and the unionized workers and now you're going back to it that
cannot be called as you're just following rules so essentially speaking following rules
consistently falls upon both parties the Union.

Unrestricted strikes and rotating or designated strikes are usually legal strikes because
they only take place after the Collective Agreement has expired and negotiation for a new
Collective Agreement has failed and a striking boat has taken place it is for generally very
important Services where it designated strike is needed that means at least some service will be
provided because of the nature of the service for example in the last few years then there was
postal worker strikes in Winnipeg there was always one post office open usually it was one day
in Kennestone the other day in Regent the third day in Maple so if anybody meets Postal
Services on that day they will be able to get those but the difficulty level will be higher but at
least service will be available similarly when last year I think there was a Strike off a liquor mart
workers there was always one or two liquor marts in the municipality area that were always open
so that the public who are addicted to liquor can still avail liquor plus also it is an acceptable
almost the most important ingredient in mostly all celebrations so it can cause a lot of anxiety
unhappiness whatever you want to call it in the general public if they are totally shut down that
means it designated Strikers appropriate here

Are strikes bad only? No, strikes serve an essential purpose in the society:

 They serve as a way to resolve conflict.

 They serve as a way to get rid of pent-up anger in the society.
 They are a very good negotiating tool, especially in the hands of the Union before the
strike takes place but after the strike takes place that negotiating power usually is lost the
threat of a strike is more power to the union than the actual strike because when the
actual strike has taken place the management knows our loss is now certain we don't
have to give them anything so that means then a strike also serve as a purpose of
recalibrating yours.
Public Concerns with Strikes

 Inconvenience
 loss of jobs
 loss of business
 economic impact
 impact on future investment possibilities in that community I will not want to invest in a
community where there are strikes every second day or even if I invest I will invest in a
highly automatized business where I don't need workers or I need totally unskilled
workers and then very high school workers very very high skilled workers will not
unionize because they know they can get a better deal by directly negotiating with me
and totally unskilled workers don't have any bargaining power and then using them part-
time only so that if one workers doesn't come there is always a second worker on my
roster just like Walmart McDonald's does but this automation is getting to a level where it
is important to say in the classroom that it is getting dangerous because of artificial
intelligence they are currently stating that within the next 20 years the job loss will be 340
million and where do you think these job losses will be mostly 50% of India still doesn't
use internet so in that 50% there will be no job loss and other 50% of Indian 95% of
those 50% get very minimal wages which are way cheaper than the maintenance cost of
the automated stuff so those jobs are also more or less safe the job losses are going to
be here where the salaries are very high and they're just in 20 years while these jobs are
being lost what is the guarantee that other jobs which are we are thinking will not be lost
will also not be lost I don't see why within 30 years we cannot get rid of all of our subjects
or maybe one surgeon can do 10 centuries at the same time they are already doing this
one anesthesiologist will now be in charge of six or seven surgeries and it's physiology at
the same time there's still one of the very highest paid.
 Chances of violence and property damage I think that will be the worst going into the
future considering that so many people will be laid off with artificial intelligence and a
breakthrough in robotics run through artificial intelligence already we have robots with
three fingers that are pretty dexterous they just want smaller and more Nimble fingers
and that's it that's the end of the game for humans it looked like about 10 years ago it
looked like it won't happen in your lifetime but today it is looking like it might happen in
30 years and 10 more years it might look like that it'll happen in another 10 years that is
 not to say that you will already be facing the problem of artificial intelligence taking over
the job of everybody there was a time and you would take 2 years to write a book now I
can just write a gist of every lecture with all the points and ask Chat GPT it will write the
book for me in 10 minutes I have to just read it I did it and that's all done so my wife says
that I want to write a book she's been saying that for 10 years now she can actually do it
in two days.

Factors affecting the strike:

 The difference in the information available to the union and the employer the union
thinks that the employer made a billion dollars in profit but the employer has made 300
million dollars in profit the boss lies to the employer even if the employer says that we
have made only 300 million dollar profit the union will not agree to it who was in the past
the management has lied a lot.
 The economic environment’s strong economic threat of a strike or even a strike will have
a positive result for the Union.
 Bargaining unit characteristics or in other words the bargaining power of the people
working in that unit Financial background skill level background of the people working in
that unit, for example, bargaining power of the sessional lecturers at the University of
Manitoba is very low so the strike is almost impossible but interest arbitration is still
possible and the behaviour of the Union is that they will not go for interest arbitration and
that gives even more bargaining power to the management thus the union end up getting
a very s***** deal for the sessional all the time do an extent that there are times when I
think that is their collusion going on between the union and the man and the
management maybe the other Union officials are being very cushy they are being given
a lot of good life by the management will be very difficult to prove collusion which is
illegal internal conflict within the unions or the employers.
 If the relationship between the union and the employer if hostile, then strike chances are
higher.
 Negotiator skills and experience the more experience The Negotiator has the better skill
The Negotiator has the less the chance of a strike and there is a better chance of a well-
negotiated deal for all parties involved that is why I am telling you once again I am a firm
believer in repetition that is why having a simulation exercise in this course and a
 simulation exercise and fourth-year level course would have been lot better than just
having a simulation exercise in the family of course.
 Legislative environment again with NDP in Manitoba the legislative environment is
moving towards pro-union in Manitoba.
 Worker discontent if High strike may not be bad because if there is no strike and the
worker discontent is high then there will be way too many Grievances and it will be
almost hell to manage operations on a day-to-day.

The requirement for a strike or lockout means when the management decides that the
business will not run.
 No collective Agreement is in place.
 parties have bargained in good faith.
 strike vote has taken place.
 The conciliation process is completed in most jurisdictions.
 Cooling off period is given in most juried.
 Notice of strike or lockout in most jurisdictions.
 An essential service agreement is in place.

Before striking third-party assistance needs to be taken in most jurisdictions but it is

encouraged in all jurisdictions.
 Conciliation
 Conciliation board
 Mediation notes that in most jurisdictions the word mediation and conciliation are
interchangeable they mean the same.
 Fact-finding missions
 Arbitration whose decision is binding arbitration may take place before the strike or after
the strike if your union constituents don't have bargaining power I would suggest letting
the negotiation go to the arbitrator because the arbitrator will give you a fair deal which
will be better than the deal you could have gotten yourself and the arbitrator will take
care of all the previous injustices because the arbitrator will look at other things around
the industry as well plus how much money is the full Professor making to teach a
particular course like 40,000 how much am I making $5,500 no not me the average
session so then they will also look into the infection they will also look into many other
 factors and then they will make a decision so they can give you a better deal historically
research has proven that interests arbitration is through Union not too much just like
when you go for gambling the house but the probabilities are not too off it's just 54% to
46% not 50 50 50 means that in large number of gamers no reason 54 46 that means in
favor of the house at least 4% or that means 8% more for the house again means that in
the long run Gambler will always do something that is also what happens when you are
doing trading in foreign exchange for currencies so that is why never do that especially
thinking about it every 6 months they send out feeders come to a five-star hotel you'll
have free dinner and we'll give you a 3-hour seminar on how to do trading on for next
year why do you think they are doing that they like to spend money on a five-star hotel
and give you free dinner no stop market is different trading in foreign exchange in the
very long run you will lose everything because it's always about law last number see if
you're not even asked person this class is giving you knowledge more than the 20,000
you're paying for this college education 40 courses you have to take?

Potential problems with interest arbitration:

 The chilling effect means the relationships are very cold there is no desire to talk to
each other or come to a solution for each other we know that the arbitrator will come his
decision is binding why do you even have to see your face f*** you f*** you f*** you that's
all everybody effects.
 Narcotic effect when you don't have to handle a very stressful negotiation to come to a
solution when you are talking to somebody who's not ready to listen to you want
somebody else to do your hard work for you for example over there telling me you are
three people you don't need more than a 60 gallon I went to the website of edge the
Home Depot they say I said okay 5 plus people in the house they said 60 gallons I said
to the guy can you explain this thing to my wife said I don't want to talk to him you talk to
him but if there is an issue when we are all taking a shower at the same time and the
dishwasher is also running and there is not enough water because our son takes 30
minutes but then it will be your responsibility right impossible to have a communication
here so what is the communication here get the f****** 75-gallon water heater that's it so
there was no negotiation that took place that's not my money, my money is all of us in.
So, the Narcotic effect you don't want to get into the mess of negotiating nobody loves
that which means some people might love that and those are the people who should
mean some people might love that and those are the people who should choose
 negotiation as a profession that is why it was really important for me to have the
simulation exercise but then the head of that no you will not do this you're the boss
you're an idiot.
 Conciliation and mediation are a good thing because the parties can themselves agree
to the terms of the contract and the conciliator or mediator is a highly respected person
by both parts of parties and can bring out new novel Solutions and the parties might be
able to compromise without looking weak but their proposals are not binding that means
there is a good chance of failure but mediator, arbitrator is then a better idea because if
that same guy who's your mediator ends up becoming your arbitrator your arbitration
costs will be lot lower because the mediator already knows situation so he or she does
not have to spend hundreds of hours leading into the material and charging you for that
he or she will just have to pick up the decision which he or she already knows or they
already know why because they were the ones who proposed those things so that
means the mediator if becomes your arbitrator then the arbitration process will be
cheaper if your mediator is a separate arbitrator or is a separate then both of them put
together will be very cost so mediation is the arbitration is kind of way synergistic idea.

NOTES
Arbitration issues with discipline

1. Were procedural requirements of collective agreement met?

2. Facts: was there misconduct?
3. Should the penalty imposed be reduced?

Last chance agreement

An agreement providing the employee will be conditionally retained or reinstated.

Advantages:

 Employee avoids dismissal.

 Motivation to rehabilitate.
 A possibly valuable employee is retained.
 Arbitration may be avoided.

Grievance mediation

1. Faster than arbitration

2. Less costly than arbitration
3. Better solutions
4. Protects parties’ relationship.

Chapter 11 Public sector

Direct employees and Indirect employees

Direct employees are all the people that work for municipal level government City level
government provincial level government and federal level government.

Indirect employees are persons employed by institutions and agencies that are funded by the
government for example universities anybody employed in the healthcare system Etc.

 People working for MPI are direct employees’ and indirect employees are not even public
sector employees: They are indirect public sector employees.

 Employees associated with liquor mart in Manitoba are indirect public sector employees.
 Employees working for garbage collection in Manitoba are About a decade ago garbage
collection services in Manitoba were privatized so which means garbage collection service
employees are not public sector employees.

Q. Why is it that unions and most people working for Liquor Mart are against the
privatization of liquor marts which was proposed by the previous provincial government
the current NDA government does not have that mandate?

Government-run businesses are highly inefficient; private-run businesses do improve efficiency

and Innovation and reduce cost much further but unfortunately, that benefit of efficiency goes
into the pocket of very top management and very few very large shareholders and it as a
general rule does not necessarily benefit the common people of the society maybe a better
Middle Ground is cooperatives which are owned and run by people who work there and are
customers and thus don't have a profit mandate which will ultimately lead to the best deals for
the common people, for example, credit unions or Cooper Patrol pumps have clearly shown that
kind of benefits also the wages given to the top Management in co-ops is very reasonable at
pretty much less than a million dollars.

Q. What is the scope of the public sector: or the importance of the public sector?
 20% of Canadian workers work for the public sector directly or indirectly which means a
large number of people work for the public sector.
 The public sector provides essential services thus there is a provision for essential
Services Legislation.
 Very high Union density in public sector 70 plus percent of public sector employees are
unionized so 70% into 20= 14% of the total Canadian Workforce that is unionized comes
from the public sector.
 As a general idea unionization in Canada is roughly about 24 to 26%. That means the
rest 10 to 12% of the Canadian Workforce that is unionized comes from 80% of private
sector workers.
 Or a little bit more intricate Max will suggest that just about 15 to 20% of the private
sector workers are unionized compared to 70% of public sector workers that are being
 unionized that said Canadian private sector unionization is still higher than us private
sector unionization you don't need the math right just take it out of the face value.

Public Sector Staff Relation Act: Provincial and federal employees

were given the right to unionize very late in 1967; the unions were given a choice before every
Collective Agreement negotiation whether they would choose to have the right to strike or
arbitration. So, that means wherever the unions have low bargaining power they should choose
Arbitration for example both you Cupid 1 on Cupid 2 unions of the University of Manitoba should
always choose interest arbitration and every 10 years should at least once let the Collective
Agreement be decided by the arbitrator to get the best deal for their constituents Unfortunately
they have this Unwritten rule of never taking anything to the arbitrator because that wastes
money which they are using for some social unionism purposes.

Public sector employer roles are also more complicated than private sector. The employer has a
dual role: The role of a legislator or a regulator and the role of an employer manager.
In addition to that the public sector employers also are of two basic types one lifelong
bureaucrats and the other elected officials.

So the constraints are more political rather than profit motivated Democracy is both good and
bad if let's say I tell you I will reduce your tax rate immediately if you will go for me okay now you
say what is the other guy doing so because I am doing all this which is all you know bringing lot
of saliva in your mouth I will have five or six thousand dollars more and I go and there will be
less waiting time in the hospital that's pretty nice I might even get a family physician which are
not had for the last five years then what is going to happen the other party will also do that
because they will start giving you and this week that the either way whoever is going to form a
government Democratic we will then start giving you something but at the same time they will
increase the social programs so that please they will start increasing that definition and when
the government the currency becomes worthless and then you don't have to delete and then
what do you do do you have riots you point to the government that it's your fault and that is what
is happening in Sri Lanka right now?? did you have free water and free electricity free water and
free power up to this many units no the units for power are 200 in most 99% of the houses use
only 100 or 150 units so technically everybody nobody is watering bills nobody is being powerful
so everybody this political party become so popular that they also found the government in one
of the states in India where they promise we will generate 1 million jobs and then the moment
they came in government they generated the problem is that state was already in very high
definition what are you think is going to happen from the holy everybody starts doing that
because you will have to ultimately start doing that and then the whole country gets that is the
problem with parties like NDP they are planning on increasing the salary of the Union noise
because the unionized worker is what brought them to power there are also so that is extra
budget extra virgin has to be done then they are also planning on hiring more and more
Healthcare Services provides where the f*** will the money come from?

Public sector Labor Relations are governed by:

 generic public sector legislation yes
 specialized public sector labor relations yes
 private sector legislation yes (my favourite true and false question now you know why
only 33% get it right because only 33% come to the class when I am telling you that public
sector workers can also be regulated through private sector legislation
contract negotiations in the private sector the scope of negotiation is mostly restricted only by
legality as long as anything is legal it can be negotiated in private sector, but it is a very narrow
scope in the public sector because of the prohibitions implemented through additional legislation
for example promotions are not to be negotiated at all why because public sector work is
deemed too important for the society to be held hostage by the union negotiators or demands.)

If there is a dispute during contract negotiation, then

the resolution mechanism in the public sector could

be:
 Unrestricted strike
  Restricted strike
 No strike at all

Usually, the objective is to come to a mutually acceptable deal remember that Prophet is not a
big issue here efficiency is not an issue either NDP government will give a lot more freedom to
the administration of the University of Manitoba to do a good deal with the professors
Association why because any Union member is a voter of NDP the same thing was opposite
when there was a conservative government because most union members are non-voters of
conservatives so the conservative government does not want to give up their tax dollars to
people who will not vote for them because, at the end of the day, it's all about self-interest that's
the truth for a politician or any other human being or living organism for that self-interest always
comes about everything else except for maybe a mother and child relationship father and child
maybe.

Developments in public sector labour relations the major concerns are I have:
today have I been talking about the issues that the government faces taxation and
high levels of debt.

Chapter 12

Effects of Unionization
1. Compensation
2. Productivity
3. Profitability
4. Investment
5. Employment
6. Recruitment and selection
7. Management control and decision-making
Union wages effect varies with: For example, Apple
1. Union bargaining power.
2. Employer market power
3. Employer cost advantage
4. Industry
5. Employee characteristics and skill level for example pilot
6. Size of the organization

Union wage effect on non-union employees

1. Three effects: Wages go up.
2. Crowding effect: Wages go down.

Increase productivity.
1. Low turnover
2. Higher wages force higher efficiency.
3. Higher management accountability leads to higher stress high if managed properly will
lead to higher efficiency.
4. Reduced rivalry

Decrease productivity.
1. Not being able to do multiple jobs.
2. Seniority: Work to rule
3. Promotion is based on seniority and not skills.
4. Less optimum capital investment

Effect of the union on management control

1. Ca terms
2. Filling job openings ins.
3. Workplace rules
4. Layoffs
5. Technological change
 6. Termination

Job control unionism

1. Narrow job definition
2. A high number of job grades
3. Communication only through unions
4. Emphasis on the grievance process

Forms of Employee Involvement

 Quality circles have been very popular in Japan and mildly popular in India but have
been pretty disastrous in North America so it's not a real concern.
 Problem-solving groups are a little better off because they have a specific problem for
which they are created and then they find solutions for those problems.
 employee management committees are mostly created for the purpose of cover Your
ass kind of thing say for example safety committees are created so that if something
goes wrong that workers at least cannot find management at fault.
 self-directed teams
 code determination to an extent most of these categories overlap in their mandate it's an
idea is that many people should work together to try and do something to improve quality
to improve efficiency or to improve safety standards.
Employee involvement initiatives could depend upon
 Duration of these groups and committees
 The degree of change in the organizational structure is usually very minimal as the
organization becomes bigger and older because then they also become less agile or in
other words it's almost very difficult to make the change happen.
 And finally, The Authority that is granted to the employees to do something meaningful
which is as a general rule not necessarily very high because these groups are mostly
created as a publicity stunt in a large number of organizations.

So, what are the possible Union views on these employee

involvement activities?
  It is a management tactic to increase the pace of work which should lead to higher
efficiency which will lead to higher layoffs because the more efficient the company is the
smaller the number of workers they want.
 Also, this higher efficiency will increase the profitability of the company, but that profit will
not see the pockets of the workers who are working very hard to make those profits for
the company.
 Also, this way the management will be directly engaging with the workers they can
always manipulate workers to think that the management has their worker’s best interest,
and they care about workers are they care about what workers.

That said the unions may be better off having their employee get
involved in these activities.
 Improved efficiency will mean improved profitability will mean reduced chances of
bankruptcy mean improved job security.
 Improved profitability will mean there are better chances that when you ask for a raise in
the wages you will be given a raise in the wages.
 The employees will get a chance to have their say in how their jobs are conducted which
is more important to the employee than having a say in how bigger things work most
people will be generally content if they have a say in how their surroundings are
managed rather than who will be the president right 50% of the people don't even vote
how many of you have voted ever one two three four five six seven how many of you are
from democratic countries where are you from Bangladesh is a very Democratic country
did you qualify to vote there you go.
 They in more employed both in their current company and in any other companies they
want to jump into.
 Also, with increased skills comes the chance of better wages but what are the barriers to
employee involvement?
 History of antagonistic relationships
 Labour relation legislation because the legislation clearly says the management cannot
directly communicate about most job-related things with the employee unless and until it
has got to do something about the direct job.
 The knowledge gap between the Union
Ch 10 11 12 lectures Notes
Ch10 strikes
Possible concerns regarding strikes
Violence and property damage
Loss of business
Loss of jobs
Inconvenience to public
Economic impact
Effect on investment

Requirement for a strike or a lock out

No collective agreement in force
Parties have bargained in good faith
Conciliation process completed, in most jurisdictions
Strike vote
Notice of strike or lockout, in most jurisdictions
Essential services agreement in place, in parts of the public sector

Third party assistance

 Conciliation
 Conciliation Board
 Mediation
 Fact-Finding
  Arbitration
 Mediation-Arbitration
Potential Problems with Interest Arbitration
 Chilling Effect
 Narcotic Effect
 Conciliation and Mediation:Parties agree on contract terms
 Arbitration:Arbitrator decides terms of collective agreement ( final offer selection the
danger that the arbitrator will accept the other parties offer; or it can be article by
articlecheck)
How mediators can help the parties
 Increasing parties’ understanding of positions
 Reducing hostility, if necessary separating parties
 Testing new proposals, raising new solutions
 Allowing parties to resume negotiations or make concessions without appearing weak
 Influencing the parties’ perceptions about costs of a strike or benefits of a settlement

Ch 11 public sector lecture

Direct employees : individuals employed by municipal, city, provincial and federal govt

Indirect employees : persons employed by health services, education funded by govt( university
me)

Scope of public sector : a large percentage more than 20% of the Canadian workforce is
employed by the public sector
Importance of Public Sector
• Number of employees
• Provision of essential services
• High union membership and density
Public Sector Staff Relations Act
• Provided federal employees right to unionize in 1967
• Allowed union to choose between strike or arbitration before each negotiation

Public sector employer

Dual role: employer and regulator
Divided management authority ( life long bureaucrats and elected officials)
Constraints are political rather than profit ( that is why emphasis is not given on efficiency and
reduction of cost)
But it has also been seen that privatization has not resulted in higher efficiency or better service
Or reduction in costs( us private incarceration system, private army might be the worst idea yet)
Public Sector Legislative Framework

Public sector labour relations could be governed by:

1. Private sector legislation,
2. General public sector legislation,
3. Special legislation governing a subsector,

Contract negotiation
Private sector Broad scope of negotiations, no restrictions on scope of issues
Public sector Narrow scope of negotiations, legislation prohibits bargaining on some issues

Contract Dispute Resolution Mechanisms in Public Sector

1. No-strike, interest arbitration

2. Strike
3. Designated or controlled strike
4. Developments in Public Sector Labour Relations Concerns: debt and taxation
5. Objective: ______________
6. Methods: Negotiation,
7. Problem-solving,
8. Legislation

Ch 12 future
Effects of unionisation
 Compensation
 Productivity
 Profitability
 Investment
 Employment
 Recruiting and Selection
 Managerial control and decision making
Union wage effect varies with
 Union bargaining power
 Employer market power
 Employer cost advantage
 Industry
 Employee characteristics including skill level
 Size of the organization

Union wage effect on non unionized employees

Threat Effect: wages go up
Non-union employers raise
wages to avoid unionization

Crowding Effect: wages go down

Increased supply of labour
for non-union employers
lowers wages

Increase Productivity
 Higher wages force efficiency, including improved technology
 Higher wages lead to increased management accountability and job standards
 Reduced turnover
 More effective compensation
 Reduced rivalry, more informal training

Decrease Productivity
 Increased labour costs
 Seniority and work rules
 Adversarial relationship
 less than optimum investment in capital
Effects of union on management control
Collective agreement terms could restrict management action regarding issues including
Contracting out
 Filling job openings
 Workplace rules
 Layoff
  Technological change
 Terminations

Job control unionism

Emphasizes protection of job by controlling management and entails an adversarial
relationship
1. Narrow job definitions
2. A high number of job grades
3. Communication through the union
4. Emphasis on the grievance system
5. A distrust of teams
6. Seniority the basis for job allocation
7. Distrust of employee involvement
8. Standard wages across an industry
9. Pay tied to jobs
10. Protecting jobs by limiting management authority
Forms of employee involvement
 Quality Circles
 Problem-solving groups
 Employee-management committees
 Self-directed teams
 Co-determination

Employee involvement initiatives could vary on:

 Degree of change in organizational structure
 Duration
 Authority granted to employees
Possible union view on emp involvement
1. Management tactic to increase the pace of work
2. Increases efficiency and productivity and results in job losses
3. Management tactic to eliminate unions
4. Programs have a limited scope
5. Employer tactic to avoid union representation

Why union might want employee involvement

1. Union is better off being involved
 2. Involvement increases efficiency and competitiveness, which improves job security
3. Increases job satisfaction
4. Employees benefit from training
5. Increased training and skill development which leads to higher job classifications
Barriers to employee involvement
1. History and adversarial relationship between the parties
2. Knowledge gap between union and employer leaders
3. Attitudes and beliefs of unions and employers
4. Labour relations legislation

Confrontation or cooperation depends upon

Economic Environment
Legal Environment
Political Environment
Technological Environment
History