Labour Relations, 5th Edition PDF by Larry Suffield and Gary L Gannon

By

Labour Relations, Fifth Edition

By Larry Suffield and Gary L. Gannon

Labour Relations, Fifth Edition

Contents:

Preface

Acknowledgements

About the Authors

1 Introduction to Labour Relations

Defining Labour Relations, Industrial Relations and Employee

Relations

HRM Professionals and Labour Relations

Labour Relations Issue 1-1 Labour Relations Questions

The Employment Relationship in Non-union and Union

Settings

The Employment Relationship

Key Considerations 1-1 Non-union vs. Unionized Workplaces

The Development of Unions and Labour Relations in Canada

Key Considerations 1-2 Events in the Development of Labour

Relations

Early Unions

Entry and Influence of International Unions

Early Labour Legislation and the Rise of Industrial

Unions

Public Sector Unionization

Frameworks for Labour Relations

Industrial Relations Systems Approach – John Dunlop

Key Considerations 1-3 Elements of Dunlop’s IR Systems

Model

“Open-system” Industrial Relations – Alton Craig

Political Economy Approach

Overview of This Book

2 The Environment

Economic Environment

Macroeconomic Environment

Government Economic Policy

Industry-and Firm-Level Demand

Other Economic Trends Affecting Labour Relations

Technology

Demograhics

Social Environment

Political Environment

Labour Relations Issue 2-1 What Are Your Values and Beliefs

Relating to Unions?

Divided Jurisdiction

Legal Environment

Human Rights Legislation

Key Considerations 2-1 Possible Measures to Accommodate

Key Considerations 2-2 Factors Determining Undue Hardship

The Canadian Charter of Rights and Freedoms

Labour Relations Issue 2-2 When Is a Discriminatory

Requirement a BFOR?

3 Employers: Objectives, Processes and Strategy

Management Objectives and Processes

Efficiency or Productivity

Control

Employer Labour Relations Strategy

Factors Affecting an Employer’s Labour Relations

Strategy

Possible Employer Strategies

Strategies of Canadian Employers

Importance of Labour Relations Strategy

Alternative HR Strategies or Approaches to HR Management

High-Performance Work Systems

Key Considerations 3-1 Policies and Practices for a High-

Performance Work System

Employee Relations Programs

Employee Communications

Key Considerations 3-2 Best Practices in Employee

Communications

Staff Recognition Programs

Employee Involvement

Forms of Employee Involvement

Employee Involvement Under the Collective Agreement

Employee Involvement Outside of the Collective

Agreement

Labour Relations Issue 3-1 Employee Involvement – Joint

Union-Management Committees

Further Considerations for Employee Involvement

Programs

Outcomes of Employee Involvement

Key Considerations 3-3 A Progressive Discipline Framework

Diversity Management

4 Unions: Objectives, Processes and Structure

Unions in Canada

Extent of Unionization

Types of Unions

Union Objectives and Processes

Improving Terms and Conditions of Work

Protecting Employees Against Arbitrary Management

Action

Providing a Process for Conflict Resolution and Employee

Input

Pursuing Economic and Social Change

Union Structure and Functions

Union Local

Key Considerations 4-1 Functions of a Union Local

Independent Local Unions

National and International Unions

Key Considerations 4-2 Functions of National and International

Unions

Labour Relations Issue 4-1 The Relationship Between a

National Union, Union Local, and Union Members

Labour Federations and Congresses

Key Considerations 4-3 Functions of the Canadian Labour

Congress

Labour Relations Issue 4-2 Unifor Splits from Canadian Labour

Congress

Labour Councils

Other Features of Union Structure

5 Governments, Labour Relations Boards, and Other Parties

Government Objectives and Processes

Regulation of Labour Relations Processes

Regulation of Labour Relations Outcomes

Protection of the Public Interest

Regulation of the Economy

Assistance to Industry

Regulating Market Practices and Results

Government Employers: Objectives

Maintaining Office

Labour Relations Boards

Composition of Labour Relations Boards

Key Considerations 5-1 Labour Relations Board

Responsibilities

Board Responsibilities

Procedure and Remedies

Labour Relations Issue 5-1 Labour Relations Boards: Part of a

Tri-Partite Employment Relationship

Other Parties

Arbitrators

Courts

Human Rights Tribunals

6 Union Organizing Drive and Certification

The Decision to Unionize

Why Employees Unionize

Why Employees Do Not Join a Union

External Factors Affecting Unionization

How Bargaining Rights are Obtained and Their Significance

Certification of a Union

Organizing Campaign

Application for Certification to Labour Relations Board

Labour Relations Issue 6-1 Determining Employee Status: The

Fourfold Test

Determination of Union Support

Conduct During Organizing and Certification Processes

Employer Unfair Labour Practices

Key Considerations 6-1 Employer Unfair Labour Practices

Permissible Employer Conduct

Key Considerations 6-2 Permitted Employer Conduct During

an Organizing Campaign

Labour Relations Issue 6-2 What Employers Have Said in

Response to a Union Organizing Campaign

Union Unfair Labour Practices

Remedies for Unfair Labour Practices

Decertification

Decertification Application by Employees

Certification of a Different Union

Additional Grounds for Decertification

Successor Rights

7 The Collective Agreement

Introduction

Collective Agreement Contents

Legal Requirements for Collective Agreements

Mandatory Terms

Union Recognition

Key Considerations 7-1 Union Recognition

Grievance and Arbitration Process

Key Considerations 7-2 Grievance and Arbitration Procedure

Strikes and Lockouts

Duration or Term of the Agreement

Voluntary Terms

Management Rights

Labour Relations Issue 7-1 Does Management Have to Act

Reasonably?

Bargaining Unit Work

Union Security

Key Considerations 7-3 Protection of Bargaining Unit Work

Key Considerations 7-4 Union Security

Labour Relations Issue 7-2 Can the Collective Agreement

Prevent Probationary Employees from Challenging Dismissal?

Seniority

Key Considerations 7-5 Seniority Definition, Establishment,

and Termination

Labour Relations Issue 7-3 Seniority Accumulation Protection

During Disability and Pregnancy & Parental Leave

Seniority: Application to Layoffs, Recalls, and Job

Vacancies

Key Considerations 7-6 Seniority Application to Layoffs,

Recalls, and Job Vacancies

Key Considerations 7-7 Discipline and Discharge

Discipline and Discharge

Hours of Work and Scheduling

Key Considerations 7-8 Hours of Work and Scheduling

Overtime

Key Considerations 7-9 Overtime

Public Holidays

Vacation

Key Considerations 7-10 Holidays and Holiday Pay

Key Considerations 7-11 Vacations

Leave of Absences

Key Considerations 7-12 Leave of Absences

Wages

Benefits

Key Considerations 7-13 Benefits

Key Considerations 7-14 Health and Safety

Health and Safety

Technological Change

Key Considerations 7-15 Technological Change

Contracting Out

Union Business

Key Considerations 7-16 Contracting Out

Prohibited Terms

Key Considerations 7-17 Union Business

8 Negotiation of the Collective Agreement

Bargaining Structure

Possible Bargaining Structures

Centralized vs. Decentralized Bargaining

Informal Bargaining Structure

Sub-processes in Negotiation

Intra-organizational Bargaining

Distributive Bargaining

Integrative Bargaining

Attitudinal Structuring: Shaping the Parties’ Attitudes and

Relationships

Implications of Sub-processes in Negotiation

Union–Management Relationship

Types of Union–Management Relationships

Factors Determining the Union–Management

Relationship

Negotiation Process

Notice to Bargain

Bargaining Teams

Preparations for Negotiation

Labour Relations Issue 8-1 Principles for Collective Bargaining

– Canadian Labour Congress

Meetings of the Bargaining Teams

Duty to Bargain in Good Faith

Key Considerations 8-1 Stages of Negotiation

First Contract Arbitration

Strategies and Tactics in Distributive Bargaining

Bargaining Power

Labour Relations Issue 8-2 Should Labour Relations Legislation

Prohibit the Use of Replacement Workers During a Strike?

Conciliation, Mediation, and Interest Arbitration

Memorandum of Settlement and Ratification

Interest-based or Mutual Gains Bargaining

Key Considerations 8-2 Principles for Interest-Based Bargaining

from Getting to Yes

Interest-Based Bargaining: An Illustration

Adoption of Interest-Based Bargaining

9 Strikes, Lockouts and Contract Dispute Resolution

Strikes and Lockouts

Strikes and Lockouts Defined

Labour Relations Issue 9-1 Air Canada Workers Carry Out a

Wildcat Strike

Functions of Strikes

Significance of Strikes

Factors Affecting Strikes

When Can the Parties Strike or Lock Out?

Labour Relations Issue 9-2 Should a “Hot Cargo” Clause Be Enforceable?

Strike Activity and the End of a Strike

Key Considerations 9-1 Reinstatement of Striking Workers

Extent of Strike Activity

Contract Dispute Resolution

Types of Third-Party Assistance

Key Considerations 9-2 Contract Dispute Resolution Policy Issues

Key Considerations 9-3 Mediators as “Active” Participants in

Resolving Disputes in Collective Bargaining

Other Dispute Resolution Methods

10 Administration of the Collective Agreement

Management Rights

Limitations on the Exercise of Management Rights Seniority

Accumulation and Termination of Seniority

Labour Relations Issue 10-1 Management-Imposed Dress Code

Policy on Tattoos and Body Piercing Found not Reasonable

Job Posting and Selection Process

Layoffs

Recall to Work Following a Layoff

Assessing Skill and Ability

Key Considerations 10-1 Ways to Increase the Validity and

Fairness of Employment Interviews

Remedies at Arbitration

Human Rights Issues in the Administration of the Agreement

Employer and Union Obligations

Obligations of Employees in Accommodation

The Grievance Process and Arbitration Process

Significance of the Grievance and Arbitration Process

Functions of Grievances and Arbitration

Benefits of Grievances and Arbitration

Potential Concerns of Employers Regarding the Grievance

Process

Grievance Procedures

Ownership of the Grievance

Grievance Procedural Matters

Settlement Agreements

Arbitration

Rights vs. Interest Arbitration

Arbitrators

The Arbitration Hearing

Arbitration Decisions

Arbitrability

Labour Relations Issue 10-2 When is a Dispute Arbitrable?

Cost of Arbitration

Remedies

Review of Arbitration Decisions

Problems with Arbitration

Discipline and Discharge

Possible Grounds for Discipline or Discharge

Progressive Discipline

Procedural Matters

Issues and Outcomes at Arbitration

Labour Relations Issue 10-3 Is Surreptitious Video Admissible

as Evidence?

Appropriateness of the Penalty Imposed

Key Considerations 10-2 Factors Arbitrators Consider When

Reviewing Discipline Imposed by the Employer

Last Chance Agreements

Implications for Employers and Unions

Key Considerations 10-3 Considerations for Employers When

Imposing Discipline

Key Considerations 10-4 Considerations for Unions

Responding to Discipline

Non-Disciplinary Measures for Innocent Absenteeism

Culpable vs. Innocent Absenteeism

Non-disciplinary Discharge

Responses Other Than Discharge

Duty of Fair Representation

Nature of the Union’s Duty of Fair Representation

Implications for Employers and Unions

11 Public Sector Labour Relations

The Public Sector: Size and Importance

Definition of the Public Sector

Scope of the Public Sector

Importance of the Public Sector

Development of Collective Bargaining in the Public Sector

Why Public-Sector Employees Were Not Allowed to

Unionize

Employee Associations

Collective Bargaining Rights Extended to the Public Sector

Labour Relations Issue 11-1 Should Teachers Be Allowed to Strike?

Distinctive Features of Public Sector Labour Relations

Employers

Unions and Their Members

Legislative Framework

Establishment of Bargaining Rights

Scope of Contract Negotiation

Contract Dispute Resolution

Key Considerations 11-1 Advantages and Disadvantages of

Alternative Contract Dispute Resolution (CDR) Methods

Recent Developments in Public Sector Labour Relations

Economy

Political and Social Environment

Public Sector Compensation

12 The Future of Unions

The Impact of Demographics

Key Considerations 12-1 The Five Generation Workplace

Age

Labour Relations Issue 12-1 Why Youth and Unions Can’t

Seem to See Eye to Eye

Gender

Labour Relations Issue 12-2 UFCW Women and Gender

Committee

Visible Minorities, Aboriginals and LGBTQ

Economic Trends

Labour Relations Issue 12-3 Canada’s Unions Support

Canadian Retaliation Against American Steel and Aluminum

Tariffs

Globalization

Labour Relations Issue 12-4 Future Union Strategies to Deal

with Globalization

Confrontation or Collaboration?

Appendix A Cases

Appendix B Grievance and Arbitration

Appendix C Contract Negotiation Simulation

Endnotes

Glossary

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