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EmpLR
Employee & Labour Relations
| Employee & Labour Relations-Q | Employee & Labour Relations-A |
|---|---|
| Acquired Rights | Refers to rights that have been acquired by the union that may not be covered in the collective agreement but can be demonstrated & have been acted upon by the union & employees |
| Alternative Dispute Resolution (ADR) | Term used to cover a variety of methods to resolve disputes between labour & management other than the use of force or power. Most associated with collaborative methods such as: conciliation, mediation arbitration, peer or ombudsperson review, etc. |
| Automatic Certification | Occurs when there is such strong employee support that it negates the need for a certification vote prior to the labour relations board (LRB) granting certification |
| Bargaining Agent | The union that has been certified by the labour relations board to represent the employees in the bargaining unit |
| Bargaining Unit | A group of employees recognized by the labour relations board as an appropriate “Unit” for the purpose of certification & collective bargaining |
| Bargaining Zone | The area defined by the bargaining limits of each side; it is the zone within which both parties are willing to negotiate/concede |
| Blacklist | An employer’s list of people known to be union organizers or sympathizers that is circulated to ensure they are not hired |
| Business Unionism | A union philosophy whereby the union recognizes that it is a business & can only survive if it delivers needed services, on a business-like basis, to its members. The usual focus is on economic & security issues |
| Business Agent | A paid, full-time, elected or appointed union official involved in negotiating the collective agreement, helping to administer its terms, & handling grievances |
| Certification | The procedure whereby a union is awarded the right to represent a group of employees |
| Closed shop | A clause in the collective agreement indicating that only union members in good standing may be hired. This is the most restrictive form of union security clause |
| Collective Bargaining | Process used by the bargaining agent (union) to reach a collective agreement with an employer. Under it, individual employees surrender their rights to negotiate individual conditions of employment with their employer. Change have to be negotiated. |
| Collective Agreement | A signed agreement between an employer & a union outlining terms & conditions of work |
| Compulsory Check Off | A clause in the collective agreement that stipulates that the employer must deduct union dues from the employee |
| Concessionary Bargaining | A form of bargaining involving changes being made by the union (roll-backs) or an agreement to freeze monetary rewards. Usually occurs during sever economic downturns, in return for job security. |
| Conciliation | Assistance from a neutral third party; facilitates the continued bargaining process when there has been a breakdown. They have no direct influence/input into terms for the agreement, no power to impose a settlement. Required before strike or lockout. |
| Constructive dismissal | Can be claimed by an employee when the employer makes unilateral & “fundamental” changes in the employee’s job that are unacceptable to the employee. Usually such claims are successful if the employee is in some way worse off as a result of the change. |
| Cooling Off Period | A mandatory provision in a number of jurisdictions whereby the parties must wait a prescribed period of time before taking action in the event of negotiations breaking down |
| Craft Union | A union limited to representing employees practicing the same craft or trade (e.g. electricians, plumbers, etc.) |
| Decertification | Occurs when the majority of employees make it known that they do not wish to be represented by a union, they wish to be represented by another union, or the union fails to successful negotiate a first contract. |
| Distributive Bargaining | A win-lose negotiation strategy, it is most appropriate when the issues being negotiated are measured in finite terms (e.g. monetary items such as wages & benefits) |
| Due Process | Refers to the natural law, concept that says a disciplinary decision cannot be made that affects an individual or group unless it is for just cause & until they have had a chance to know why they are being disciplined, have had access to all info.[more] |
| Duty of Fair Representation | A provision in legislation that requires the union as bargaining agent to represent members of the bargaining unit in a fair & honest manner & without bias or prejudice |
| Employee Associations | Normally represent white-collar or professional employees. They also include employee groups that are not certified as bargaining agents under the labour code but carry out negotiations with employers on behalf of employees e.g. doctors |
| Estoppel | Not practicing a negotiated condition of employment can cause that condition to become null & void. The union insists on the continuation of the practice because employees have “acquired” the right, although it's contrary to the collective agreement. |
| Expedited Arbitration | A process whereby a third party arbitrator renders decisions on disputes without the use of a formal hearing, rules of evidence & examination, & the writing of a formal award |
| Final Offer Arbitration | Usually restricts the arbitrators to selecting one of the final offers made by the parties; however, they may also review the offers issue by issue |
| Grass Roots Unionism | Driven from the bottom up, characterizes locals having a high degree of autonomy |
| Good Faith Bargaining | The union & employer make reasonable efforts to arrive at an agreement. It suggests an iterative process of proposals, negotiations, & willingness to compromise. |
| Grievance & Arbitration Procedure Clause | It is required by law, & outlines the steps, time limits & mechanism for arbitrator selection & resolution of grievances |
| Industrial Union | A union representing all employees in a particular organization or industry |
| Independent Local Union | A union not affiliated with a larger labour organization |
| Integrative, Mutual Gains or Interest-based Bargaining | Win-win. This bargaining approach requires an interest on both sides to jointly explore issues, develop mutually beneficial solutions; involves joint fact finding, brainstorming, open communication, mutual respect. |
| Interest Arbitration | The use of a third party arbitrator to decide upon the terms of a collective agreement |
| Job Control | A strategy used by unions to define the scope of work that can be done, the qualifications required, & training requirements for a particular job to ensure that only individuals who are in that job classification can do the work |
| Labour Union | Recognized association of employees who have joined together to deal with management. They have charters, constitutions & by-laws & are governed by legislation |
| Letter or Memorandum of Understanding | Relate to agreements that have been negotiated or agreed to during the term of the collective agreement that the parties want included as part of the overall collective agreement |
| Local | The smallest unit within a union representing a group of employees, usually in a particular geographic area or location |
| Lockout | Occurs when the employer temporarily refuses to provide work to bargaining unit employees |
| Management Rights | The rights to operate the organizationwithin the limits of the law & in the best interests of the stakeholders. Defined in terms of either residual rights - whereby all rights held by management prior the existence of the collective agreement continue. |
| Maintenance of Membership | A union security provision indicating that once the employee is a member of the union, they must remain a member of the union through to the end of the contract |
| Med-arb | A term whereby a dispute is first mediated by a third party & if a resolution cannot be found through mediation then the third party acts as an arbitrator & makes a ruling on the dispute by which the parties are bound. |
| Modified Union Shop | Union security provision indicating that employees do not need to join the union if they were employed at the time of certification, although they must pay dues |
| No Strike or Lockout Provision | It is a requirement, in virtually all jurisdictions in Canada, that a collective agreement contain a provision preventing occurrence during the term of the agreement |
| Open Shop | The weakest form of union security clause, in which membership is voluntary |
| Past Practice | Actions by management or the union that are considered to be a standard practice that can be demonstrated & have been acted upon by one of the parties or employees. They lead to the “acquiring” of acquired rights |
| Pattern Bargaining | Where the union uses the settlement made with another employer as a model to follow in reaching an agreement |
| Picketing | Conducted by striking employees to make their displeasure known. It's limited to the place of employment or to the place where the “struck” work is being performed. It is illegal on private property without permission, or to block business exits/entrances |
| Policy Grievance | A grievance brought forward by the union on where it believes there is a violation of the agreement that has an effect on a number of employees or the whole of the bargaining unit |
| Pre-Hearing Vote | Called by the LRB early in the certification campaign where there appears to be irregularities in the certification process (not applicable in BC) |
| Productivity Bargaining | A form of integrative bargaining geared to improve productivity resulting in new work practices |
| Progressive Discipline Procedure | An employee relations process that involves the following: first conference — oral reminder; second conference — written reminder; decision-making leave/suspension; termination |
| Rand Formula | A form of union security clause indicating that union membership is not mandatory but that paying union dues is mandatory. This is also known as “dues shop” and “agency shop” |
| Ratification | Formal approval provided by the bargaining unit members of a proposed settlement. Not always required by law but is a requirement of most union constitutions. Approval achieved when the majority of employees are in favour of the negotiated agreement. |
| Replacement Workers (Scabs) | Are hired by the employer to perform the duties of employees who are on strike |
| Representation Vote | Secret ballot vote by members of the bargaining unit resulting in the acceptance or rejection of the union by employees |
| Residual Rights | Refer to all those rights of management that are not identified in the collective agreement |
| Rights Arbitration | The use of an independent third party to adjudicate a dispute arising from the interpretation of the collective agreement |
| Social/Reform Unionism | Union activity/philosophy/strategy directed atinfluencing the social & economic policies of governments |
| Strike | A temporary refusal to work following a union membership vote. To be lawful, they must occur in accordance with the provision of the jurisdiction & labour relations statutes |
| Surface Bargaining | Going through the motions during collective bargaining without any real intent to reach an agreement |
| Secondary Picketing | Is directed at other organizations such as the suppliers or customers of the primary organization undergoing the work stoppage |
| Seniority & Job Security | Article(s) in the collective agreement that cover items related to transfers, promotions, lay-off & recall, job posting & severance benefits |
| Strategic Choice Model | Taking a “big-picture” perspective & approaching negotiation with an understanding about how the labour relations environment will support or integrate with the performance of the organization & the achievement of its strategic goals |
| Unfair Labour Practice | An action by an employer or union that unfairly affects an employee in making a free choice to unionize. They are TIPS: Threats, Intimidation, Promises (unrealistic) or Spying |
| Union Steward | A union member & colleague elected by workers to act as their representative. They receive, investigate & attempt to resolve complaints & grievances; inform members of union policies & meetings; recruit new members |
| Union Acceptance Strategy | When the employer views the union & collective bargaining process as legitimate & appropriate for their organization |
| Union Avoidance Strategy | When the employer prefers to be non-union & has developed HR policies & programs that discourage employees from wanting to join a union. This is sometimes referred to as union substitution or proactive HRM |
| Union Shop | A form of union security indicating that union membership & the payment of dues are mandatory conditions of employment |
| Union Suppression Approach | A union avoidance strategy that uses “hard-ball” tactics (e.g. frustrating the successful negotiation of a first-contract leading to decertification); using replacement workers during strikes or lockouts when legal; contracting out, etc.) |
| Voluntary Recognition | A procedure, recognized in legislation, where the employer accepts the union without going through a formal certification process |
| Wildcat Strike | A spontaneous walkout not sanctioned by the union. May be legal or illegal depending on its timing |
| Whipsaw | Union strategy for using the settlements of others to gain ground (e.g. threaten to strike unless the same deal as was provided by a competitor is provided) |
| Work Stoppage | Neutral term used to refer to strikes & lockouts, which does not assign responsibility for the breakdown in labour-management relations |
| Wrongful dismissal | When an employee dismissal is not in compliance with the law or with a contractual arrangement. Includes not providing reasonable notice; which often extends beyond the minimum in statute law. Takes into consideration precedences set in common law. |
| Yellow Dog Contract | A former practice requiring employees to sign agreements indicating that they were not members of the union, nor would they become members while employed. Today this is illegal |
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