INDUSTRIAL RELATIONS IN CANADA Fiona A. E. McQuarrie Prepared by: Tom Barrett Chapter 13 Future Issues for Workers, Work Arrangements, Organizations, and the Industrial Relations System Opening Vignette: Workload a major issue survey finds • Workload is emerging as a key collective-bargaining issue as time-squeezed employees demand their unions do something to ease the pressure • A poll by Ottawa-based Ekos Research Associates Inc. found that 71 percent of unionized workers want organized labour to give high priority to workload issues • For the Canadian Union of Public Employees, Canada’s largest union, workload has emerged as the number one issue; it is also an issue in private sector bargaining • At a three-day conference, the Saskatchewan Federation of Labour discussed strategies for shorter work weeks, paid family and parental leaves, alternate work arrangements such as job sharing and flextime, and an end to overtime Chapter 13 Objectives • At the end of this chapter you should be able to: – Describe the demographic changes occurring in the Canadian workplace – Identify some of the union strategies that address demographic change – Understand the different forms of work arrangements – Explain how unions have responded to new work arrangements – Discuss new forms of organizational structures – Identify factors that may influence Canadian industrial relations in the future Changes in Workforce Demographics • Since the mid-1960s, both the Canadian workplace and workforce have changed significantly • Canadian unions are now facing the necessity of having to adapt to the new realities of work and must prove their relevance and value to a new generation of workers in a variety of workplaces • Factors such as legislative changes and new organizing strategies may determine whether Canadian union membership stays the same, grows, or declines as is the case in the U.S. Changes in Workforce Demographics • The composition of the Canadian workforce is changing in many ways: – There is a wider age range among workers – More women are entering the workforce – There is more ethnic and racial diversity in the workforce • Each trend poses a different challenge to unions Young Workers • Part-time employment is more prevalent among this age group than any other • Some researchers argue this is not a problem; for many students, part-time is their only option • Some believe that we gain a more accurate picture of youth employment by examining non-standard work, such as: – Part-time work, temporary work, multiple job-holding, and self-employment • The predominance of non-standard work among young people may be a concern because of the insecurity of the employment relationship work Young Workers • Several characteristics of younger workers’ employment make union organizing particularly challenging: – High turnover rate – They are more vulnerable to employer retaliation – Their employers traditionally display higher resistance to unionization – Young workers are often unfamiliar with unions or have an unfavourable perception of unions – There may also be opposition toward organizing these industries or sectors from within the union movement Female Workers • The number of Canadian women in the workforce has increased steadily over the past few decades • The majority of Canadian women who work outside the home have full-time jobs – but the proportion of part-time to full-time workers is higher for women than men • As the number of women in the Canadian workforce increases, so has the number of Canadian women who belong to unions • Both percentages – women as a percentage of total union membership, and female union members as a percentage of all working women – are comparable to male workers Female Workers • The unions’ ability to represent female members effectively has also been hampered by the inability or unwillingness of female workers to participate in union activities • Gender imbalance in union participation may mean issues of concern to female union members are not adequately addressed • Women enter and leave the labour force or change their employment status more often than men, making them harder to organize and represent • More women are engaging in temporary work, parttime work, and self-employment Older Workers • A surprising number of older workers continue to participate in the labour force beyond retirement age • The participation rate (percentage of individuals in a demographic group who hold paid employment outside the home) among older workers indicates fewer older female workers than older male workers • However, the participation rate among older female workers—except for the 70-plus age group—has increased over the past 10 years • The participation rate among older male workers decreased during the same period Older Workers • Unionization rates for older workers aged 55 and up are comparable to the overall average unionization rate • As a result, Canadian unions have not felt the need to increase unionization among older workers • Older workers may have trouble demonstrating the benefits of “their” issues to younger workers Ethnic and Racial Diversity in the Workforce • There is an increase in workers belonging to visible minority groups • Occupational patterns for visible minorities are similar to non-minorities • Adults who belong to visible minority groups are more likely to have a university degree than those who do not • However, visible minority workers with university degrees are not as likely to be employed in higherpaying professional or managerial occupations—this is known as underemployment Ethnic and Racial Diversity in the Workforce • There are many debates over whether employment equity laws are effective or whether they cause reverse discrimination • There are no statistics, but it is not unreasonable to assume that problems of racial and ethnic inclusion in unions are similar to those of women • Members of visible minorities in Canada are more likely than non-minority workers to be employed in difficult-to-organize occupations • Immigrants may come from cultures or countries where unions are perceived negatively Union Strategies for Dealing with the Changing Workforce • It is generally acknowledged that unions must change in order to survive and provide effective representation • To expand, unions need to recognize the characteristics of the diverse sectors of the labour market • For example, CUPE has attempted to increase the visibility of First Nations members, ethnic or racial minority members, and gay, lesbian, and, bisexual union members Union Strategies for Dealing with the Changing Workforce • Union activities targeting young workers are less prevalent • Some researchers suggest that the lack of interest in unionization among younger workers may not be a problem • Unionization likely becomes more important to young workers as they move into more substantive and permanent employment • However, some Canadian unions have taken the position that young workers can benefit from unions even if they are in non-permanent positions Union Strategies for Dealing with the Changing Workforce • One study suggests that unions are concentrating organizing efforts on growing employment sectors and this shows that unions recognize and are acknowledging the changes in the labour market • Internal problems in union administration can sometimes inhibit organizing activity, however • The decline in union membership results in reduced revenues from membership dues and thus, reduced resources for organizing Changing Work Arrangements • Unionism first evolved according to the “industrial” model – unions were established and developed in workplaces where workers attended work regularly and worked shifts determined by the employer • Many workplaces have moved away from the industrial model and are exploring alternative ways of structuring work; this is a new challenge for unions Alternative Forms of Work Scheduling • Alternative forms of work scheduling include: – Flextime – workers are allowed to partially or completely determine their own work hours – Compressed workweeks – workers are allowed to work longer shifts in exchange for more days off – Job sharing – two employees share one full-time job • Unions that are attempting to organize workers on flexible work schedules face problems – e.g., how to contact an employee whose hours or days of work are continually changing Telecommuting • Telecommuting – an employee works partially or completely at home and communicates with the workplace through computers, faxes, and telephones • Telecommuting arrangements contradict one of the most basic assumptions in labour and employment standards legislation— employees work at a centralized workplace where the employer dictates the conditions and content of work Different Employment Relationships • Non-permanent employment relationships such as contract, term, or temporary work are becoming more available • Some of Canada’s largest unions have negotiated collective agreements that validate changing work arrangements, but establish rules to regulate use Union Responses to Changing Work Arrangements • The B.C. film industry is an example of how unions actively address issues relating to nontraditional forms of work through collective agreements • Unions have negotiated terms that attempt to balance flexibility in employment and alternative employment relationships with the protection of their members’ working conditions • However, unions are generally reluctant to even suggest any form of non-traditional work arrangement Changes in Organizational Structures • Traditionally structured industrial organizations have several distinctive levels of hierarchy • Authority and power are greater at higher levels of the hierarchy, with the most power and responsibility concentrated at top Changes in Organizational Structures Pyramid Structure Figure 13-1 Traditional Organizational Structure President Vice-President Area Supervisors Front-line Supervisors Non-managerial Employees Changes in Organizational Structures Divisional Structure President Figure 13-1 Traditional Organizational Structure VP Marketing VP Production VP Finance Marketing department Production department Finance department Changes in Organizational Structures • One of the motivations behind the formation of unions was the dissatisfaction with the distribution of power and authority in traditionally structured organizations • Some factors have revealed limitations in traditional organizational structures: – Changes in the structure of markets, such as globalization – Changes in the purpose of organizations, such as broader product or service offerings Changes in Organizational Structures • Organizations are exploring other forms of structure: – The flatter organization – decreased levels of hierarchy – Matrix and network (or web) organizations – involving more equitable distributions of power • New forms of organizational structure are problematic for unions because they reduce or eliminate traditional distinctions between employers or managers and employees Changes in Organizational Structures • Unions may also have to deal with practical problems associated with structural change, such as: – Downsizing – the elimination of jobs or the reduction of work through such methods as changing full-time work to part-time work – Changes in the job content • Changes associated with globalization may be a more direct threat to the ability of unions to represent their members Union Responses to Changing Organizational Structures • A balancing act for unions: – The organizational structure is sometimes changed to encourage more cooperative worker-employer relationships – Control and direction remains with the employer, thus unions still have a role to play in ensuring that workers’ issues are addressed – However a union’s opposition to needed change may impair an organization’s chances for long-term survival Union Responses to Changing Organizational Structures • Examples of union responses to changing organizational structures: – The Canadian Auto Workers (CAW), while formally rejecting the idea of “employee partnership,” or other forms of employee-employer cooperation, have undertaken certain cooperative initiatives, e.g., participating in the General Motors Quality Council – The Communications, Energy and Paperworkers Union at Saskatoon Chemicals agreed to significant work redesign Factors Influencing the Future of Industrial Relations in Canada • What happens next? – Some researchers question whether a system based on an industrial and hierarchical model of organization can continue to be effective – Other researchers suggest Canadian unions will soon encounter the same troubles as those in the U.S. – Still other researchers argue that the Canadian industrial relations system is healthy and will remain that way Legislation • One significant difference between Canadian and American industrial relations systems is jurisdiction • There is little consensus on whether decentralization of Canadian labour legislation will help or hinder Canadian industrial relations • Some researchers argue that decentralization is appropriate in Canada because of the wide variations in labour markets and in the types of employment • However, decentralization has also been characterized as hindering the growth of Canadian unions because of the need to accommodate the variations in legislation across jurisdictions Legislation • A more significant factor is the content of the laws themselves • In the past decade, two provincial governments have altered labour legislation in ways that suggest they believe the system does not foster healthy, competitive enterprise • The Conservative government in Ontario altered the Labour Relations Act in several significant ways during the 1990s • One of the results of those changes was that certification became more difficult Legislation • In May, 2002, the Liberal government in B.C. made several revisions to the Labour Relations Code: – The option of automatic certification was removed – The B.C. Labour Relations Board was given eight specific duties to consider when interpreting and applying the Code – The language governing communication during an organizing campaign was broadened • These changes are considerably more extensive than any recent changes in other jurisdictions Political Influence • The decline of the NDP has led some observers to question whether labour’s affiliation with this party is a threat to the future of the labour movement • In order to have a meaningful voice in shaping public policy, the Canadian labour movement needs to be aligned with a political party that has sufficient representation or support • It appears the NDP is no longer able or willing to fulfill this role Political Influence • Unless the labour movement and the NDP are able to rebuild their formerly productive relationship, the labour movement must seek other allies through which to build political influence • American unions have responded to their lack of political influence in several innovative ways – The American Federation of Labor-Council of Industrial Organizations (AFL-CIO) has explicitly changed strategic focus to include international issues such as global protectionism and international monetary policy Political Influence • Many Canadian unions and labour federations have adopted policies similar to AFL-CIO policies • The Canadian union movement has taken steps to form alliances with other social activist groups • It is debatable whether these types of alliances will create the degree of influence necessary to significantly affect government policy • The Canadian labour movement may have to choose between attempting to rebuild the NDP and actively supporting labour-friendly candidates who may not represent NDP Union Organizing • Canadian union density has not decreased, but neither has it shown any significant increase • Opinions are mixed on whether Canadian unions will be able to pursue a strategy of growth given the stagnation of the past two decades • The negative argument: – Unions have achieved only modest increases in density rates over the past 20 years for part-time workers and have made almost no improvement in major parts of the private sector • The positive argument: – The major differences between U.S. and Canadian labour law may at least ensure that Canadian union membership remains steady Union Organizing • Membership may grow as Canadian unions adapt to changing workplace realities • An example of this is demonstrated by unions in the entertainment industry in the U.S. • These unions do not focus on bargaining individual agreements for each workplace or project, but aim to achieve standard or national agreements with major employers • The have bargained not only for wages, but for mechanisms that protect members’ employment prospects and skill development • They place a high priority on providing services to their members Union Organizing • Canadian unions facing organizational difficulties can survive and even expand in an unfavourable environment if they: – Consider long-term goals when bargaining – Do not focus solely on wage issues – Actively adapt to changes in workplace conditions in ways that benefit the membership – Serve the specific needs of the membership Union Organizing • A recent Supreme Court of Canada decision has raised the possibility that unions may be able to organize workers previously excluded from unionization • Dunmore v. Ontario (Attorney General) reversed the Ontario government decision to exclude farmworkers from the coverage of the Ontario Labour Code • This decision may set a precedent and permit unions to organize farm workers and other groups normally excluded from the coverage of the labour code • These groups may include professionals, domestic workers, and some types of public servants Copyright Copyright © 2002 John Wiley & Sons Canada, Ltd. All rights reserved. Reproduction or translation of this work beyond that permitted by CANCOPY (Canadian Reprography Collective) is unlawful. Request for further information should be addressed to the Permissions Department, John Wiley & Sons Canada, Ltd. The purchaser may make back-up copies for his / her own use only and not for distribution or resale. The author and the publisher assume no responsibility for errors, omissions, or damages, caused by the use of these programs or from the use of the information contained herein.