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Labour Law - Individual Relations & Collective Rel


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labour-management relations
the ongoing economic and social interactions between labour unions and management in organizations
labour union
an officially recognized body representing a group of individuals who have joined together to present a united front and collective voice in working with management
labour relations strategy
an organization's overall plan for dealing with unions
union acceptance strategy
when managers view a union as the legitimate representative of the organization's employees
union avoidance strategy
when managers prefer to operate in a non-unionized environment
union substitution approach
when managers become so responsive to employees' needs that there is no incentive to unionize
union suppression approach
when management desires to avoid unions at all costs by playing "hardball tactics"
Labour Relations Board
composed of reps from union, management, and a neutral chair or vice chair. Used to interpret, administer, and enforce the Act and investigate alleged violations
unfair labour practices
the prohibition of managers from interfering with and discriminating against employees who are exercising their rights under labour relations legislation
business unionism
to obtain economic benefits and improved treatment for their members
social unionism
attempting to influence economic and social policies of government at all levels
craft unions
a union for works who perform a certain skill or trade i.e. carpenters / brick layers
industrial unions
a union for skilled & unskilled workers in a particular company or industry i.e. postal workers
international unions
unions that span across national borders i.e the United Steelworkers of America
national unions
labour unions that charter branches in Canada only i.e. the Canadian AutoWorkers (CAW) & the Canadian Union of Public Employees (CUPE)
the local
the basic unit of the labour union movement in Canada which is formed in a particular plant or location
union stewards
important person within the local who is responsible for investigating & attempting to resolve complaints & grievances, interpreting the collective agreement for members, informing members of union policies & meetings, & recruitment
chief steward
the senior steward for a particular area or division
in-house organizing committee
a group of employees who are dedicated to the goal of unionization & assist the union organizer
authorization card
a card that is signed by employees indicating their willingness to be represented by the union
representation vote
a secret ballot vote by eligible employees to indicate whether they wish the union to be certified
pre-hearing vote
an alternative vote for certification of a union in situations where there are irregularities early in an organization campaign such as unfair labour practices by management
bargaining unit
a group of employees in a firm, plant, or industry that has been recognized by an employer or certified by a Labour Relations Board as appropriate for collective bargaining practices
collective bargaining
the negotiations that take place between a labour union, collectively representing employees of a firm or industry, and the employer or employer's association to arrive at a mutually acceptable collective agreement
collective agreement (union contract)
a signed, written agreement between an employer (or an employer's organization) and the union representing a grow pod the organization's employees containing provisions outlining the terms and conditions of their employment
good faith bargaining
the legal requirement that the parties negotiate a collective agreement bargain honestly, fairly, and sincerely
surface bargaining
going through the motions of collective bargaining with no intention of arriving at a mutually acceptable agreement
caucus session
a session in which only the members of one's own bargaining team are present to discuss the course of action they should take at the bargaining table
bargaining zone
the area defined by the bargaining limits (resistance points) of each side in which compromise is possible, as in the attainment of a settlement satisfactory to both parties
distributive bargaining
a win-lose negotiating strategy such that one party gains at the expense of the other
integrative bargaining
a negotiating strategy in which there is acknowledgement that achieving a win-win outcome will depend on mutual trust and problem solving
mutual gains bargaining
a win-win approach based on training in the fundamentals of effective problem solving and conflict resolution in which trainees are taught to take the interest of all stakeholders into account so that the solutions devel…
Conciliation
A form of mediation that takes place under an Act of Parliament
Mediation
When a third person assists in resolving a dispute
strike
the temporary refusal by bargaining unit members to continue working for the employer
replacement workers
individuals hired to perform the work of striking employees and who are often referred to as "scabs"
picket
stationing groups of striking employees, usually carrying signs, at the entrances and exits of the struck operation to publicize the issues in dispute and discourage people from entering or leaving the premises
boycott
an organized refusal of bargaining unit members and supporters to buy the products or utilize the services of the organization whose employees are on strike in an effort to exert economic pressure on the employer
lockout
temporary refusal of a company to continue providing work for bargaining unit employees involved in a labour dispute, which ma result in closure of the establishment for a period of time
wildcat strike
a spontaneous walkout not officially sanctioned by the union leadership, which may be legal or illegal depending on its timing
Arbitration
Where the mediator is asked to make a binding decision
interest dispute
a dispute arising between an organization and the union that represents its employees over the terms of a first collective agreement or revisions to an existing one
interest arbitration
the imposition of the final terms of a collective agreement
union recognition clause
a mandatory contract clause in most jurisdictions identifying the recognized trade union and clarifying its rights and responsibilities as the exclusive bargaining agent for the employees in the bargaining unit
union security clauses
the contract provisions protecting the interest of the labour union dealing with the issue of membership requirements and, often, the payment of union dues
rand formula
a popular security arrangement that does not require union membership but does require all bargaining unit members to pay union dues
union shop
a type of security arrangement in which union membership and dues payment are mandatory conditions of employment
modified union shop
a type of security arrangement in which the individuals who were bargaining unit members at the time of certification or when the collective agreement was signed are not obliged to join the union, although …
management rights clause
the clause that refers to the rights of management to operate the organization subject to the terms of the collective agreements. Any rights not limited by the clause are reservers to management
arbitration clause
the clause that requires final and binding arbitration of all disputes arising during the term of a collective agreement
grievance
a written allegation of a contract violation filed by an individual bargaining unit member, the union, or management
grievance procedure
the steps by which a dispute arising during the life of a collective agreement between an employer and bargaining unit member or between an employer and the union may be amicably settled
rights disputes
disagreements between an organization and the union that represents its employees regarding the interpretation or application of one or more classes in the current collective agreement
rights arbitration
the process involved in the settlement of a rights dispute