HRM
Labour Relations, Collective
Bargaining and Contract
Administration
Labor management relations
the ongoing economic and social
interactions between labor unions and
management in organizations.
labor union
An officially recognized Association
of employees practicing a similar trade or
employed in the same company present a
united front and the collective voice in
dealing with management.
Labor relations strategy (LR)
• An organization’s overall plan for dealing
with unions, which sets the tone for its
union management relationships
Union acceptance strategy
A labor strategy based on management’s
view that the union is the legitimate
representative of the company’s
employees
Union avoidance strategy
• A labor relations strategy based on
management’s preference to operate in a
non-union environment. There are two
possible approaches: unions substitution
or union suppression
Union substitution
A union avoidance strategy that involves
removing the incentives for unionization
by ensuring the needs of employees are
met.
union suppression approach
• A union avoidance strategy involving the
use of hardball tactics, which may or may
not be legal, to prevent unions from
organizing the firm’s employees or to get
rid of an existing union
Labor relations board
• The legally recognized body in every
Canadian jurisdiction (except Quebec)
responsible for interpreting, administering,
and enforcing the labor relations
legislation. In Quebec, a labor court of 20
commissioners perform similar functions
The purpose of Canadian labor
laws
• there are two general purposes
– to set common rules for fair negotiations
– To ensure the protection of public interest by
preventing the impact of labor disputes from
inconveniencing the public
Protection of the public interest- police
officers hospitals employees and
firefighters are denied the right to strike in
most jurisdictions
Why Employees Unionize
 Influence HR policies
 Improved compensation
 Improved conditions
 Greater control
 Increased security
Sample Question
Studies show that unions _____
employee turnover and ______ the
productivity of workers:
a)
b)
c)
d)
Increase; increase
Increase; decrease
Decrease; increase
Decrease; decrease
Answer = C
Legislation
 Canada Labour Code
 Provincial/Territorial Labour Relations
Acts
Certification
Bargaining in good faith
Dispute resolution
Unfair practices
Restrictions on strikes
Union security
 Labour relations boards
LR – Essential Elements
 Unionization
Structure
Philosophy
 Certification
Process
 Collective Bargaining
Process
 Agreement Administration
Dispute resolution
LR – Terminology
• Some include:
 Union Acceptance Strategy
 Bargaining Agent
 Union Avoidance Strategy
 Business Agent
 Union Suppression Approach
 Business Unionism  Union Substitution
 Yellow Dog Contract
 Craft Union
 Rand Formula
Response to Organizing Drive
 Factual and lawful information
 Prohibit distribution of materials during
work hours
 Business as usual
 No unplanned enhancements
 TIPS: No Threats, Intimidation, Promises or
Spying
Certification process follows the organizing drive
LR – More Terminology
• Some include:
 Bargaining Zone
 Concessionary
Bargaining
 Distributive
Bargaining p359
 Interest-based
Bargaining
 Pattern Bargaining
 Final Offer Arbitration
 Interest Arbitration
 Rights Arbitration
 Mediation
 Conciliation
 Whipsaw
Contract Negotiations
 Identify strategy
 Gather information
 Conduct wage &
benefit surveys
 Assess budgetary
impacts
 Analyze other
agreements
 Review union’s
campaign
 Audit past
grievances
 Get supervisory
input
 Have strike plan
 Establish authorities
 Prepare bargaining
proposals
Negotiation
• opening position
– yours
– theirs
3
• bottom lines
– yours
– theirs
3
Sample Question
Which of the following is not a good
suggestion to follow in negotiations:
a) Start with easy issues
b) Enlist the support of the conciliator or
mediator
c) Settle quickly and efficiently
d) Stress past progress
Answer = C
Union Security
 Closed Shop
 Union Shop
 Modified Union Shop
 Management Rights clause
 Rand Formula
 Open Shop
Grievance Handling
 Investigate each case as if it might lead
to arbitration
 Write short answers
 Keep an open mind
 Collect facts
 Involve the shop steward
 Visit and inspect work area
 Review previous complaints
 Identify past practices
 Follow policy and agreement
Sample Question
The type of arbitration most likely to be
used to settle grievances is:
a)
b)
c)
d)
Final offer arbitration
Binding arbitration
Interest arbitration
Expedited arbitration
Answer = b
Employee Relations
 Handling Complaints and
Grievances
 Positive Employee Relations
 Employee Communications
 Employee Discipline
Progressive Discipline
Sample Question
The final step in progressive discipline is:
a)
b)
c)
d)
Constructive dismissal
Wrongful dismissal
Just cause dismissal
Severance
Answer = C
Termination
 Due Process Guidelines
 Dismissal with cause
 Dismissal without cause
 Wrongful dismissal
 Bad Faith Conduct – Wallace
Damages
 Constructive dismissal