Chapter 12 - Labour Relations, Collective Bargaining, and Contract Adm.
KEY TERMS
arbitration The use of an outside third party to investigate a dispute between an employer and union
and impose a settlement. (page 364)
arbitration clause The Clause that requires final and binding aritration of all disputes arising during
the term of a collective agreement. (page 365)
authorization card A card signed by an employee indicating his or her willingness to have the union
act as his or her representative for purposes of collective bargaining. (page 354, 356)
automatic certification A certification process, legally permitted in most jurisdictions, that does not
require that an employee vote be held. To qualify for such certification, the applicant union must
provide evidence that it has a high level of employee support. Automatic certification may also be
granted if the employer engages in unfair practices. (page 356)
bargaining unit The group of employees in a firm, plant, or industry that has been recognized by the
employer and certified by a Labour Relations Board (LRB) as appropriate for collective bargaining
purposes. (page 357)
bargaining zone The area defined by the bargaining limits (resistance points) of each side, in which
compromise is possible, as is the attainment of a settlement satisfactory to both parties. (page 359)
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. (page 362)
certification The procedure whereby a labour union obtains a certificate from the relevant LRB (or
Quebec equivalent) declaring that the union is the exclusive bargaining agent for a defined group of
employees in a bargaining unit that the Board considers appropriate for collective bargaining
purposes. (page 356-7)
collective agreement (union contract) A signed, written agreement between an employer (or
employer's organization) and the union representing a group of the organization's employees,
containing provisions outlining the terms and conditions of their employment. (page 346, 357, 364)
collective bargaining The negotiations that take place between a labour union, collectively
representing the employees of a firm or industry, and the employer or employer's association, to
arrive at a mutually acceptable collective agreement. (page 345, 357-358)
conciliation The use of a neutral third party to help an organizatin and the union to continue
negotiating (page 361)
decertification The process whereby a union is legally deprived of its official recognition as the
exclusive bargaining agent for a group of employees. (page 357)
distributive bargaining A win-lose negotiating strategy, such that one party gains at the expense of
the other. (page 359-360)
good faith bargaining The legal requirement that the parties negotiating a collective agreement
bargain honestly, fairly, and sincerely. (page 358)
grievance A written allegation of a contract violation, filed by an individual bargaining unit member,
the union, or management. (page 366)
grievance procedure The steps by which a dispute arising during the life of the collective
agreement, between an employer and bargaining unit member or between an employer and the
union, may be amicably settled. (page 366)
integrative bargaining A negotiating strategy in which the possibility of win-win, lose-win, win-lose,
and lose-lose outcomes is recognized, and there is acknowledgement that the ability to achieve a
win-win outcome will depend on mutual trust and problem solving. (page 360)
labour-management relations The ongoing economic and social interactions between labour
unions and management in organizations. (page 345, 369)
Labour Relations Board (LRB) The legally-recognized body, in every Canadian jurisdiction except
Quebec, responsible for interpreting, administering, and enforcing the LR legislation. In Quebec, a
Labour Court and twenty Commissioners perform similar functions. (page 346-7)
labour union (union) An officially recognized association of employees, practising a similar trade or
employed in the same company or industry, who have joined together for the purpose of presenting a
united front and collective voice in dealing with management. (page 345)
lockout Temporary refusal of a company to continue providing work for bargaining unit employees
involved in a labour dispute, which may result in closure of the establishment for a period of time.
(page 364)
management rights clause The clause that refers to the rights of management to operate the
organization, subject to the terms of the collective agreement. Any rights not limited by the clause are
reserved to management. (page 324)
mediation The use of an neutral third party to help an organization and the union representing its
employees to reach a mutually satisfactory collective agreement. Unlike conciliation, mediation is
usually voluntary. (page 362)
national union A labour union that charters branches in Canada only and has its head office in this
country. (page 350)
picket The stationing of groups of striking employees, usually carrying signs, at the entrances and
exits of the struck operation to publicize the issues in dispute and to discourage people from entering
or leaving the premises. (page 367)
replacement workers Individuals hired to perform the work of striking employees, often referred to
as "scabs." (page 362)
representation vote A vote conducted by the LRB in which employees in the bargaining unit
indicate, by secret ballot, whether or not they wish to be represented, or continue to be represented,
by a labour union. (page 357)
rights dispute A disagreement between an organization and the union representing its employees
regarding the interpretation or application of one or more clauses in the current collective agreement.
(page 368)
unionism Activities of unions directed at furthering the interests of their members by influencing the
social and economic policies of governments at all levels, such as speaking out on proposed
legislative reforms.
strike The temporary refusal by bargaining unit members to continue working for the employer.
(page 362)
strike vote Legally required in some jurisdictions, it is a vote seeking authorization from bargaining
unit members to strike if necessary. A favourable vote does not mean that a strike is inevitable. (page
362)
surface bargaining Going through the motions of collective bargaining with no intention of arriving
at a mutually acceptable agreement. (page 358)
unfair labour practice Action by the employer or union that restrains persons from exercising their
lawful rights under the labour relations statutes. (page 347)
union acceptance strategy A labour relations strategy based on management's view that the union
is the legitimate representative of the firm's employees. (page 345-6)
union avoidance strategy A labour relations strategy based on management's preference to
operate in a non-union environment. There are two possible approaches: union substitution and union
suppression. (page 346)
union organizer A full-time employee of the union, whose role is to plan and execute union
membership recruitment campaigns. (page 354)
union steward A union member elected by workers in a particular department or area of a firm to act
as their union representative. (page 350)
voluntary recognition A situation in which an employer agrees in writing to recognize a labour
union as the exclusive bargaining agent for a specific group of employees, without resorting to the
formal certification procedure. (page 356)