Table of Contents
Industrial Relations vs Labour Relations:.........................................................................................2
Differences in the Employment Relationship Union vs Non-Union: ..................................................2
Discipline & Discharge: ...................................................................................................................2
Culminating Incident: .....................................................................................................................2
Last Chance Agreements: ...............................................................................................................2
Management Rights: ......................................................................................................................3
Price Elastic/ Inelastic: ...................................................................................................................3
Reasons for Joining Union: .............................................................................................................3
Labour Relations Board: .................................................................................................................3
Union Security including Rand Formula: .........................................................................................3
Collective Agreement Terms including Mandatory and Voluntary terms: .........................................4
Concessions ...................................................................................................................................4
Relative Ability & Sufficient Ability .................................................................................................5
Grievances .....................................................................................................................................5
Labour Relations Strategy: .............................................................................................................6
Unfair Labour Practice:...................................................................................................................6
Governments’ role in Labour Relations: ..........................................................................................7
Integrative, Distributive, Intra-organizational Bargaining: ...............................................................8
Final Offer Selection: ......................................................................................................................8
Interest and Rights Arbitration (chilling and narcotic effect): ...........................................................8
Strikes/Work to Rule/Back-to-Work Legislation: .............................................................................8
Third Party Resolution – Conciliation, Mediation, Arbitration, Mediation-Arbitration: .....................9
Without Prejudice: .........................................................................................................................9
Industrial Relations vs Labour Relations:
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Industrial Relations: Defined broadly, encompassing both union and non-union issues
and workplaces. It includes all aspects of the employment relationship, such as CEO pay
negotiations and collective agreements.
Labour Relations: Part of industrial relations, focusing on union-management
relationships, including union bargaining rights, negotiation processes, and
administration of a collective agreement. Not all industrial relations issues involve
union-management relations, but labour relations issues are always industrial relations
issues.
Differences in the Employment Relationship Union vs Non-Union:
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In non-union workplaces, employment is governed by common law, employment
legislation, and individual agreements.
In unionized settings, collective agreements replace individual contracts. The discipline
process and terms of employment are significantly different in non-union vs. unionized
workplaces. For instance, dismissal procedures and rights vary notably between the two
settings.
Discipline & Discharge:

In unionized environments, management has rights to discipline employees for changing
undesired behaviors and actions. Grounds for discipline or discharge are extensive and
can include failure to attend work, theft, incompetence in job duties, insubordination,
leave without permission, lateness, false of records or documents, misconduct in the
job, breach of company rules. Progressive discipline is typically applied, starting with
verbal warnings and potentially leading to dismissal. The procedures for disciplinary
actions are specific and must adhere to the terms of the collective agreement.
Culminating Incident:

For dismissal due to a long disciplinary history, there must be a culminating incident of
employee misconduct. This incident, in the context of the total disciplinary history,
becomes the cause for dismissal. (Employer is allowed to take into consideration the
employee’s previous record in determining the appropriate penalty for act of
misconduct)
Last Chance Agreements:

These agreements involve an employer, a union, and an employee guilty of misconduct.
The employee is retained or reinstated under certain conditions, like maintaining
attendance or addressing substance abuse issues. If conditions are not met, the
employee can be terminated without the right to refer the dismissal to arbitration.
Management Rights:
Management retains the authority to manage the organization except as otherwise provided in
the collective agreement. This includes decisions such as changing the method of payment to
workers, workplace security measures, and establishing rules for searching toolboxes. There are
two types of management rights clauses: a general (short) form and a detailed (long) form, each
with its own specific language and scope.
Price Elastic/ Inelastic:
The concept of price elasticity of demand is discussed in the context of how a change in price
affects the quantity demanded. A distinction is drawn between elastic and inelastic demand.
Elastic demand indicates that the demand for a good or service is more responsive to a change
in price, meaning the percentage change in the quantity demanded is greater than the
percentage change in the price of the good or service.
Reasons for Joining Union:
Employees join unions for various reasons, including dissatisfaction with their jobs and
workplace conditions, and seeking an external advocate to represent them collectively to their
employer. The factors influencing an individual's decision to support a union are crucial for the
union in organizing campaigns. The text discusses how unions address issues of interest to
employees and manage concerns about unionization to enhance their chances of successful
organization.
Labour Relations Board:

Labour Relations Boards are independent entities established by labour relations
legislation in each jurisdiction to administer the legislation. Their composition typically
includes a neutral chairperson, vice-chairs, and representatives from employers and
unions. The boards are responsible for processing union certification applications,
supervising votes related to certification and decertification of unions, hearing unfair
labour practice complaints, and resolving disputes under collective agreements among
other responsibilities.
Union Security including Rand Formula:

Union security refers to measures taken by unions in collective bargaining to maintain
their presence and influence in a unionized setting. Key aspects include the check-off of
union dues from employees' pay, whether employees are required to become union
members as a condition of employment, and the Rand formula.
The Rand formula, originating from a 1945 arbitration case, requires all employees
performing bargaining unit work to pay union dues, regardless of union membership. In
most jurisdictions, legislation mandates the compulsory check-off of union dues upon
union request, considered a legislative imposition of the Rand formula.
Collective Agreement Terms including Mandatory and Voluntary terms:

Collective agreements, which transform the nature of the employment relationship in a
unionized setting, must comply with relevant employment standards, human rights, and
labour relations legislation. Mandatory terms required by law in collective agreements
include union recognition, a prohibition against strikes and lockouts during the
agreement's term, arbitration for disputes, a minimum one-year term, and a check-off
of union dues clause if requested by the union.
Common terms in collective agreements include union recognition, grievance and
arbitration processes, management rights, seniority, wages, benefits, and provisions
related to health and safety, technological changes, and non-discrimination.
Concessions
1. Negotiation Dynamics: During negotiations, concessions and counter-offers emerge,
leading to a bargaining range. The pattern and size of concessions can convey significant
messages about the negotiator's stance.
2. Concession Strategies: Different concession strategies, such as making smaller
successive increments or larger initial increments, send varying messages about the
remaining room for negotiation.
3. Re-thinking Positions: Concessions may be signaled indirectly, prompting the other side
to reconsider their position for further concessions.
4. Arbitration's Impact: In arbitration scenarios, parties might be discouraged from making
concessions, impacting the negotiation process.
5. Management and Union Negotiations: Management's objectives during negotiations
can include avoiding wage increases or even demanding total compensation concessions
from the union.
6. Union Acceptance and Hard Bargaining: Many firms engage in hard bargaining,
sometimes obtaining concessions on wages and benefits, while still following a union
acceptance strategy.
7. Job Loss and Concessions: The threat of job relocation can force workers to make
concessions in labor contracts to maintain competitiveness.
8. Centralized Bargaining Effects: In centralized bargaining systems, the ability to
negotiate as a group impacts the potential for concessions and the overall negotiation
dynamics.
9. Impact on Relationship Dynamics: Making concessions in bargaining can affect
relationships with constituents and may lead to resentment and strained working
relationships post-negotiations.
Relative Ability & Sufficient Ability
1. Seniority, Skill, and Ability: Collective agreements may combine seniority with skill and
ability, leading to clauses like "sufficient ability" or "relative ability". These clauses
balance seniority with the skill and ability required for a job.
2. Assessing Skill and Ability: Employers may use various methods like testing and
interviews to assess skill and ability for job positions. The fairness and relevance of these
methods are critical for valid assessment.
3. Burden of Proof in Grievances: In cases like alleging sufficient ability for a job vacancy,
the union bears the burden of proof. If the evidence is unclear, the grievance may not
be upheld.
Grievances
1. Grievance Procedure: This involves a series of steps where union and employer
representatives attempt to resolve disputes. The collective agreement sets out the
process and time limits for each step.
2. The Grievance Process: Includes arbitration and has various functions, benefits, and
potential concerns for employers.
3. Types of Grievances: Grievances can be filed by individuals, groups, unions, or
employers. They don't always have to specify the violated agreement articles.
4. Management Directives and Grievances: Employees can file grievances against
management policies they deem unreasonable, leading to arbitration and possible
suspension of such policies.
5. Grievance Mediation and Procedure: Mediation helps negotiate a settlement, and the
grievance procedure is a series of steps to resolve disputes.
6. Grievance Benefits: Provides a way for employees to voice concerns, potentially
lowering turnover and benefiting unions and union officials through various means.
7. Functions of Grievances and Arbitration: Serves as a dispute settlement mechanism,
enforces the collective agreement, and allows additional bargaining during the
agreement term.
8. Arbitration and Grievance Training: Managers may need training in handling
grievances, and arbitration can be a costly process needing careful consideration.
9. Grievance Definition Expansion: Grievances can now include violations of employment
and human rights statutes, not just collective agreements.
10. Policy Grievances and Time Limits: Policy grievances are filed against collective
agreement violations by either union or employer, and time limits in the grievance
process can be mandatory or directory.
11. Enforcement and Additional Bargaining: The grievance process can enforce collective
agreements and provide a forum for additional negotiation.
12. Implications of Lost Grievances: If grievances are lost at arbitration, unions might seek
amendments to the contract during renewal negotiations.
13. Feedback from Grievances: Employers consider grievances and arbitration decisions
when making demands in collective agreement negotiations.
14. Validity of Interviews in Grievances: The fairness of employment interviews can be a
point.
Labour Relations Strategy:
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The core elements of labour relations include union organizing, negotiation of collective
agreements, and their administration.
Two dominant perspectives on labour relations: the systems approach and the political
economy approach.
John Dunlop’s Industrial Relations (IR) Systems model includes employers, unions,
government, and forces influencing their interactions, such as technology, market, and
power balance.
Alton Craig's “open systems” approach in industrial relations incorporates feedback
loops in the system.
The environment, actors, processes, outputs, and feedback are all critical components in
labour relations.
The political economy approach to labour relations focuses on the broader societal and
economic issues, particularly power distribution.
The book details various models and perspectives on labour relations, emphasizing the
complexity and dynamics of the field.
Unfair Labour Practice:
Definition and Context:

Unfair labour practices occur during the negotiation of the collective agreement or
during the administration of the agreement if one of the parties contravenes labour
relations legislation, which includes duties to bargain in good faith and the union's duty
of fair representation.
Employer Unfair Labour Practices:


Labour relations legislation prohibits certain employer behaviours during the organizing
campaign and certification process, such as threats, intimidation, coercion, interference,
or influence by the employer.
Employers cannot participate in or interfere with the formation, selection, or
administration of a trade union, discriminate based on union membership, or take any
action against an employee for exercising their rights under labour relations legislation.
Union Unfair Labour Practices:

Unions must avoid using threats, intimidation, or coercion to compel a person to
become or cease to be a member of a trade union. Statements made by individual
employees during an organizing campaign are not unfair labour practices unless made
by union officials.
Procedure for Addressing Unfair Labour Practices:

Complaints about unfair labour practices can be filed with the Labour Relations Board,
which has advantages over court systems including expertise in labour relations and
potentially quicker handling of complaints.
Remedies for Unfair Labour Practices:

Remedies may include cease and desist orders, reinstatement of discharged employees,
compensation for financial losses, and, in serious cases, certification of the union
without a vote.
Statutory Freeze:

Legislation prohibits employers from making changes in the terms of employment when
an application for certification is filed, known as a statutory freeze. This freeze is
intended to prevent changes that could influence employees' decision-making regarding
unionization.
Changes in Working Conditions:

Changing working conditions in response to a union organizing campaign can be
considered an unfair labour practice, especially if it appears to be an attempt to
influence employees' decisions about unionization.
Duty to Bargain in Good Faith:

Sending representatives to negotiations without adequate information or authority, or
attempting to backtrack on commitments, is considered a breach of the duty to bargain
in good faith.
Governments’ role in Labour Relations:


Government objectives in labour relations include regulating labour relations processes
and outcomes, protecting public interest, and influencing the economy.
Methods used by governments include legislation related to labour relations,
employment standards, human rights, health and safety, pay equity, and employment
equity.
Integrative, Distributive, Intra-organizational Bargaining:
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Intra-organizational Bargaining: This involves activities within the employer or union
organizations to build internal consensus on key issues. For example, union negotiators
may need to reconcile employee expectations with information obtained during
negotiations, such as financial constraints of the employer.
Distributive Bargaining: This refers to negotiations where resources are limited, leading
to conflict between parties. It's often associated with positional bargaining, where each
side takes a position, like in wage determinations.
Integrative Bargaining: In this form of negotiation, the parties' objectives are not in
fundamental conflict, allowing for a win-win situation. An example is both the union and
employer wanting to reduce workplace accidents.
Final Offer Selection:

This is an alternative form of interest arbitration, where the union and employer submit
their final offers to an arbitrator, who then chooses one of the offers to be incorporated
into the collective agreement. There are two forms: total-package and item-by-item.
The total-package selection involves each side presenting an offer covering all
outstanding issues, while the item-by-item selection involves the arbitrator choosing
between the union and employer proposals for each item in dispute.
Interest and Rights Arbitration (chilling and narcotic effect):
•
Interest arbitration is used mainly in the public sector as an alternative to strikes or
lockouts, parties present the terms they want arbitrator makes final, binding
decision.
One criticism of conventional interest arbitration is the "chilling effect", where parties
may be discouraged from making concessions, and the "narcotic effect", where
negotiators become overly dependent on arbitrators to decide difficult issues.
•
Strikes/Work to Rule/Back-to-Work Legislation:
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Back-to-work legislation refers to a special statute passed by a government legislature
to end a strike or lockout. It orders the strike or lockout to end and usually provides for
the terms of a new agreement to be determined by interest arbitration.
Work-to-rule campaigns involve following work procedures exactly and not engaging in
any activity not required by the collective agreement. This can be considered a strike
action as it restricts output.
In the transportation and communications sectors, amendments to the Canada Labour
Code have been made to prevent strikes, although the legislation itself remains
untouched.
Third Party Resolution – Conciliation, Mediation, Arbitration, Mediation-Arbitration:
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"CMA" stands for Conciliation, Mediation, and Arbitration, three forms of third-party
assistance in resolving deadlocks in collective bargaining. Each has a unique structure
and timing.
Mediation-Arbitration (med-arb) is a two-step process where the individual first acts as
a mediator and, if no settlement is reached, then acts as an arbitrator to decide the
terms of the collective agreement.
Mediators cannot force a settlement on bargaining teams but attempt to assist the
parties in reaching an agreement.
Fact-finding is a process where a fact-finder investigates issues and reports to the
Minister, typically with non-binding recommendations, and is common in private-sector
legislation in British Columbia and some public-sector labour relations statutes.
Arbitration involves a third party making a final and binding decision to establish the
terms of a collective agreement.
Without Prejudice:

"Without prejudice" refers to labeling documents in such a way that they cannot be
referred to at a subsequent arbitration hearing. This is used in written communication
between grievance meetings to ensure that offers made during negotiations cannot be
used against the offering party in later proceedings.