HRM 2600 York University Human Resources Management Discussion

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Presentation 8
Employee Rights & Collective Bargaining
HRM 2600 (Human Resource Management)
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n Textbook
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Employee Rights and Discipline
n Textbook
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3420
Employment Law
n HRM
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Chapter 14
The Dynamics of Labour Relations
n HRM
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Chapter 13
3422
Industrial Relations
Dr. S. Ezzedeen 2020-2021 Copyright
2021-07-22
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Agenda & Learning Objectives
n Employee
Rights
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What are the regimes that cover the employment
relationship?
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How are disciplinary policies established?
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What are the two traditional approaches to discipline?
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What are the different types of ADR methods?
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Agenda & Learning Objectives
n Collective
Bargaining
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What are the laws that frame labour relations in Canada?
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Why do employees join unions?
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How do unions gain recognition as bargaining agents?
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What is the collective bargaining process?
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What are forms of bargaining power?
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2021-07-22
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The Three Regimes of
Employment Law
n Common
n
Law of Employment
The body of case law in which courts interpret employment
contracts and the legal principles taken from those cases
that guide the interpretation of employment contracts.
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The Three Regimes of
Employment Law
n
Important terms that courts have implied into employment
contracts:
n
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Employers and Employees
n Obligation of employer and employee to provide reasonable notice
that they are terminating the contract.
Employers
n Obligation of the employer to maintain a safe workplace.
Obligation of the employer to treat employees with decency,
civility, dignity, and respect.
Employees
n Obligation of the employee to serve with loyalty and fidelity.
n Obligation of the employee to advance the employer’s economic
interests.
n Obligation of the employee to avoid insubordination and insolence.
n
n
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The Three Regimes of
Employment Law
n Statutory
Employment Regulation
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Employment equity legislation
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Pay equity legislation
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Employment standards legislation
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Occupational health and safety legislation
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Labour relations legislation
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The Three Regimes of
Employment Law
n Collective
n
An employment contract between an employer and a union
that sets out the terms of employment of a group of the
employer’s employees represented by the union.
n The
n
Bargaining Legislation
Courts vs. the Labour Arbitrator
A person assigned to interpret and decide disputes
(“grievances”) about the meaning, interpretation, and
application of a collective agreement governing
employees in a unionized workplace.
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Important Differences
n Unionized Workplaces
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Collective contracts or agreements in union environments.
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Common law of employment does not apply.
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Method of enforcement: Labour arbitration
n Nonunionized Workplaces
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Individual contracts in nonunion environments.
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Common law of employment applies.
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Method of enforcement: Legal action in court
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Understanding the Individual
Employment Contract
n Contractual
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Changes
Once an employee has begun working, an employer cannot
unilaterally change or introduce new terms of employment
unless the employee agrees to, and benefits from, the
change – otherwise, a breach of contract.
n Constructive
n
Dismissal
When an employer commits a fundamental breach of the
contract, such as by unilaterally changing a key term of the
contract, the employee can treat the breach as a
termination.
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Rules Governing Dismissal
n Dismissal
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Wrongful Dismissal
n
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of a Nonunion Employee
A lawsuit filed in a court by an employee alleging that he
or she was dismissed without proper contractual or
reasonable notice.
Summary Dismissal
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When a nonunion employer terminates an employee
without notice because the employee has committed a
serious breach of the contract.
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The Rules Governing Dismissal
n Dismissal
of a Unionized Employee
n Just Cause
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A unionized employer usually needs a reason to dismiss
an employee.
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Common Discipline Problems
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Attendance Problems
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n
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Dishonesty and Related Problems
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n
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Theft
Falsifying work records
Work Performance Problems
n
n
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Unexcused absence
Leaving without permission
Failure to complete work assignments
Failure to meet production requirements
On-the-job Behaviour Problems
n
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Intoxication at work
Sleeping on the job
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Investigating the Disciplinary
Problem
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Documenting Misconduct
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Date, time, and location of the incident(s)
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Behaviour exhibited by the employee (the problem)
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Consequences of that action or behaviour on the employee’s
overall work performance and/or the operation of the work unit
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Prior discussions with the employee about the problem
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Disciplinary action to be taken and specific improvement
expected
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Consequences if improvement is not made and a follow-up date
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Employee’s reaction to the supervisor’s attempt to change the
behavior
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Names of witnesses to the incident
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Investigating the Disciplinary
Problem
n The
Investigative
Interview
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An investigative
interview should always
be held in private and
should elicit the
comments and concerns
of the employee.
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Approaches to Disciplinary Action
n Progressive
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Discipline
Application of corrective measures by increasing degrees.
n Positive
Discipline
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A system of discipline that focuses on early correction of
employee misconduct, with the employee taking total
responsibility for correcting the problem.
n
Informing the employee: Employee must be informed
honestly yet tactfully regarding reasons for the action.
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Alternative Dispute Resolution
(ADR)
A term applied to different
types of employee
complaint or dispute
resolution procedures;
used by employers to meet
employees’ expectations
for fair treatment in the
workplace while
guaranteeing them due
process.
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ADR Procedures
n Step-Review
n
System
System for reviewing employee complaints and disputes
by successively higher levels of management.
n Peer-Review
System
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Utilizes a group composed of equal numbers of employee
representatives and management appointees.
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Functions as a jury since its members weigh evidence,
consider arguments, and after deliberation, vote
independently to render a final decision.
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Conventional Step-Review
Appeal Procedure
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Additional ADR Procedures
n Open-Door
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Policy
A policy of settling grievances that identifies various levels
of management above the immediate supervisor for
employee contact
n Ombudsperson
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System
A designated individual from whom employees may seek
counsel for resolution of their complaints
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Third-Party Dispute Resolution
n Mediation
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The use of an impartial third-party neutral to reach a
compromise decision in employment disputes
n Mediator
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A third party in an employment dispute who meets with
one party and then the other to suggest compromise
solutions or to recommend concessions from each side that
will lead to an agreement
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Third-Party Dispute Resolution
n Arbitration
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The use of an impartial neutral party as decision maker to
resolve an employment labour dispute by imposing a
binding final decision on all parties involved in the
dispute.
n Arbitrator
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Third-party neutral who resolves a labour dispute by
issuing a final decision in the disagreement.
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Labour Relations
and Collective Bargaining
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Introduction
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Industrial Relations
n “All aspects of employees at
work.”
n “Relations between unions and
management.”
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Positive Connotations
n Fair representation
n Industrial democracy
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Negative Connotations
n Striking workers
n Picketing exercises
n Tough negotiations
n Public inconvenience
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Introduction
n Collective
Bargaining
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A key process in union-management relations
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Determines various aspects of employment, namely:
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Wages
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Benefits
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Working conditions
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Evolution in unions and collective bargaining
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Government Regulation
of Labour Relations
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Industrial Relations Disputes and Investigation Act (1948)
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Right of workers to join unions
Certification of unions as bargaining agents
Recognition by management of the certified union as exclusive
bargaining agent for a group of employees
Good faith negotiations by both union and management
Mandatory two-stage conciliatory process (before strikes or
lockouts became legal)
Canada Labour Code
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Incorporated above principles into a more comprehensive
legislation – Administered and enforced by the Canada Industrial
Relations Board (CIRB)
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Government Regulation
of Labour Relations
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Canada Industrial Relations Board (CIRB)
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Promoting, fostering, and maintaining a stable, productive, and
positive labour relations climate within the workplaces under
jurisdiction.
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Administering the statutory procedures for the acquisition,
transfer, and termination of bargaining rights.
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Hearing complaints related to unfair labour practices.
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Supervising strikes and lockout votes.
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Determining whether bargaining was done in good faith.
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Remedying violations of labour legislation.
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Types of Unions
n Three
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Craft Unions
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Unions that represent skilled craft workers.
Industrial Unions
n
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General Types
Unions that represent all workers – skilled, semiskilled,
unskilled – employed along industry lines.
Employee Associations
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Labour organizations that represent various groups of
professional and white-collar employees in labourmanagement relations.
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Types of Unions
n Three
Levels
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Central labour congresses
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International and national unions
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Local unions belonging to a parent national/international
organization
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Structures, Functions, and
Leadership of Labour Unions
n The
Canadian Labour Congress (CLC)
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Central federation of unions
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Attempts to influence legislation
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Promote programs of interest to labour
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Lobbying and resolving jurisdictional disputes
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Maintaining ethical standards
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Providing education and training to members
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Structures, Functions, and
Leadership of Labour Unions
n The
n
Employee who as a nonpaid union official represents the
interests of members in their relations with management.
n The
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Union (Shop) Steward
Business Agent
Normally a paid labour official responsible for negotiating
and administering the collective agreement and working to
resolve union members’ problems.
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Why Employees Unionize
n
n
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Economic Needs
n Wages, benefits, working conditions
n “Bread-and-butter issues”
Dissatisfaction with Management
n Promotions, transfers, other job policies seen as unfair
and biased.
n Lack of participation in decisions affecting employee
welfare.
Social and Leadership Concerns
n Companionship of co-workers
n Use talents as officers of the union and representative of
fellow workers
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Impact of Unionization
on Managers
n Challenges
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May involve such issues as the subcontracting of work,
productivity standards, and job content
n Loss
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to Management Decisions
of Supervisory Authority
Covering wages, benefits, job security, and working hours
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The Labour Relations Process
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The Labour Relations Process
nA
sequence of events:
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Workers desire collective representation.
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Initial contacts to begin the unionizing process.
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The union begins its organizing campaign.
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The union holds its initial organization meeting.
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The union forms its in-house organizing committee.
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The union presents documentation to the appropriate
Labour Board for certification, with a necessary minimum
level of membership.
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The Labour Relations Process
nA
sequence of events:
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The application may be certified, which leads to
certification and recognition, or the union may be
decertified.
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If certified:
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The union can now elect a bargaining committee.
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The union can now engage in contract negotiations with
the employer, which lead to a contract.
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The contract is administered.
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The Labour Relations Process
n Union
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Shop
Provision of the collective agreement that requires
employees to join the union as a condition of their
employment.
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Unfair Labour Practices
Employer Tactics
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Can emphasize current advantages in wages, benefits, or
working conditions the employees may enjoy, but cannot
promise better conditions.
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Cannot interfere with the labour relations process or
certification.
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Cannot threaten to close the business.
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Cannot dismiss, discipline, or threaten employees who wish
to join the union.
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Must bargain in good faith.
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Unfair Labour Practices
Union Tactics
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Cannot interfere with the formation of an employer association
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Cannot intimidate or coerce employees to become members of
a union.
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Cannot force employers to dismiss, discipline, or discriminate
against nonunion employees
n
Must provide fair representation for all employees in the
bargaining unit, whether in collective bargaining or in grievance
procedures.
n
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Groups of two or more employees who share common employment
interests and conditions, and may reasonably be grouped together
for purposes of collective bargaining.
Cannot engage in activities such as strikes before the expiration
of the union contract.
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The Collective Bargaining Process
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The Bargaining Process
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Gathering bargaining data
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Forming bargaining teams
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Developing bargaining strategies and tactics
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Negotiating the collective agreement
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Interest-Based Bargaining (IBB)
n
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Problem-solving bargaining based on a win–win philosophy and
the development of a positive long-term relationship
Formalizing the collective agreement
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Management and Union Power
in Collective Bargaining
n Bargaining
n
The power of labour and management to achieve their
goals through economic, social, or political influence
n Union
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Power
Bargaining Power
Strikes, pickets, and boycotts
n Management
Bargaining Power
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Continuing operations staffed by management
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Locking out employees
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Labour Relations in
the Public Sector
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Collective bargaining among federal, provincial, and
municipal government employees
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Key differences with collective bargaining in private sector
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Political nature of labour-management relationship
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Political foundations of government vs. economic foundation
of business organizations
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Power structure of business vs. government organizations
n
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Shareholders vs. “the people”
Public sector strikes
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“Essential services”
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Compulsory Binding Arbitration and Final Offer Arbitration
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Activity
Student Unions
n You
are most likely a member of a student union.
Answer the following questions:
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Why do student unions exist?
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Are these the same reasons that you have learned about
why employees join unions?
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What are the differences?
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What is the power of the student union? What is the power
of management at your university or college?
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Thank you!
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