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HROB 2200 Notes Questions and Correct Answers Graded A+

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  ** Why do employees unionize? - Answer: - Unions are "in the business" of representing workers who at some point became so unhappy with their jobs, they sought out external advocates - Could be due to; poor supervision, compensation, fairness/equity, job security, work load, employer policies, & so on ** Why would employees not want to unionize? - Answer: - Union dues - Political and social activities of unions - Strikes - Loyalty to the employer - Conflict - Merit - Perception of union member work habits and attitudes - Flexibility - Employee retaliation - Job loss - Lack of opportunity to unionize What are some external factors that affect unionization? - Answer: Economic: During periods of inflation, employees perceive that unions may protect their real income. In a recession, higher unemployment rates might prompt concerns regarding job security, causing employees to seek unionization. Attitude: Social media, TV, movies, friends, & family usually portray unions in a negative light ** What are bargaining rights of a union? - Answer: Crucial to labour relations There are two ways to obtain; voluntary recognition or application to LR board Essentially is obtaining a certificate that grants the union the right to serve as the exclusive bargaining agent for employees ** What is the certification of a union? - Answer: A union may obtain right to represent a group of employees by applying to the LR board If successful, board will issue a certificate that affirms the union as exclusive bargaining agent ** What is an organizing campaign, union organizer, & organizing committee? - Answer: Campaign: union's attempt to convince employees that they should become union members Organizer: a person on the staff of the union who attempts to sign-up enough employees as members for an application for certification. Committee: a group of employees who support the union and work with the union organizer. ** Provide a brief overview of the application for certification process. - Answer: Application for certification: 1. It is a trade union as defined in labour relations legislation 2. The application is timely 3. The group of employees specified in the application is an appropriate bargaining unit 4. The union has adequate support of employees in the proposed unit Briefly discuss appropriateness in regard to the BU - Answer: A union cannot simply apply for a union group - the group must be deemed appropriate & a union must be necessary ** How should employees conduct themselves during the process? - Answer: Cannot threat, intimidate, or use coercion Cannot use unfair labour practices. Must all be in good faith ** What are some unfair labour practices? - Answer: Change terms & conditions of work during certification process Discriminate Impose condition in a contract of employment that restraints employee from joining a union ** What are some remedies for unfair policies? - Answer: Cease & desist Compensation Freeze working conditions New representation vote Prosecution Access order ** What are some examples of permissible employer conduct? - Answer: Prohibiting entry into the workplace by persons who are not employees Prohibiting entry into the workplace by employees during their off hours Communicating with employees regarding unionization & employer practice ** What is decertification? Can a union be decertified? - Answer: LR board evokes the right granted to a union, allows employees to rid themselves of ineffective union. They cannot just "lose" their certification, but it is "lost" if proven to be insufficient ** Compare strikes & lockouts - Answer: Strikes are employee decided, it is the cessation of work or a refusal to work in combination with a common understanding, & a slowdown of work Lockouts are when employers refuse to allow unionized employees to work in order to force the union to agree ** What are some factors affecting strikes? - Answer: Economic environment BU characteristics internal conflict relationships between individuals negotiators skills bargaining history worker disconnect. ** When can a party strike? - Answer: If there is no CA in place Parties have bargained in good faith Strike vote ** What is a hot cargo clause? - Answer: Allows employees to refuse to work with goods associated with an employer engaged in a labour dispute ** Elaborate on Picketing - Answer: Cannot intimidate passerby, but rather is used to inform the public Pickets cannot trespass on private property ** Compare the chilling & narcotic effect - Answer: Chilling effect: refers to parties' unwillingness to make concessions during negotiations Narcotic effect: refers to the parties' losing the capability to negotiate their own agreement ** Compare conciliation, mediation, & arbitration - Answer: C: Hears evidence & makes recommendations M: Assists in making decisions by actively engaging in negotiations, introducing alternatives A: Final & binding. Third party, imposes a settlement ** What are the three uses for the grievance & arbitration process? - Answer: Dispute settlement Enforcement of the CA Additional forum for bargaining ** Compare rights & interest arbitration - Answer: Rights: Related to interpretation, application, or administration of the CA Interest: Refers to determination of terms in CA List some examples of factors aiding in discharge. What are the steps taken? - Answer: Failure to attend work, theft, incomplete job duties, falsification etc verbal warning, written warning, suspension, dismissal In what cases can you terminate on the grounds of innocent absenteeism? - Answer: - Individuals absence is higher than BU average - No likelihood they will change or attendance will increase - Employer has already made accommodations for them ** What are the three components that make up the public sector? - Answer: Works for government Public sector agency such as nurse or social work Crown corporations This equates to more than half union employees. ** What are the distinctive features of public-sector labour relations? - Answer: Dual role: employers and regulators Divided authority: administrators and elected officials Political bottom line: public opinion Financial constraints: debt and deficit When the union becomes the official bargaining agent, what happens to employment contract & pre-decided changes? - Answer: the employer could not make an individual agreement with the employee that he or she could be granted an additional week's vacation. When a union has been certified, there is also a duty to bargain in good faith—to honestly attempt to reach a collective agreement. **What is contract dispute resolution? - Answer: In the public sector, because some services provided are essential to the public's safety and welfare, it is not always possible to allow a strike or a lockout Four primary methods; unrestricted right-to-strike, no strike that relies on arbitration, controlled strike, or back-to-work True of False: The use of an organizing committee increases the chances of success in an organizing campaign. - Answer: True! What are the four things that must be established to the Board during an application for certification? - Answer: (1) it is a trade union as defined in labour relations legislation (2) the application is timely (3) the group of employees specified in the application is an appropriate bargaining unit (4) the union has adequate support of employees in the proposed unit. When a union applies to be certified, it must name the employer. What are the factors in determining the identity of the employer? - Answer: 1. The party exercising direction and control over the employees performing 2. The party bearing the burden of remuneration 3. The party imposing any discipline 4. The party hiring the employees 5. The party with the authority to dismiss the employees 6. The party perceived to be the employer by the employee 7. The existence of an intention to create the relationship of employer and employee ** What is grievance & arbitration processes? - Answer: Used by management & the union to resolve disputes concerning the interpretation, application, or administration of the collective agreement ** What are the benefits to grievance & arbitration? - Answer: All parties benefit if resolved- maintain productivity, & doesn't lose compensation Union may be able to use the grievance procedure as a pressure tactic against management by filing a large # of grievances prior to contract negotiations ** Who takes ownership of grievance? - Answer: Refers to the issue of who decides whether the grievance is filed, settled, withdrawn, etc. Usually the union & not employee ** List & elaborate on the grievance procedural matters. - Answer: Privileged communications: cannot be referred to Without prejudice: Documents that cannot be referred to in subsequent arbitration Waiver: Acceptance of the rule that if a party doesn't object to a procedural issue it cannot raise it later ** What are the two forms of settlement agreements? - Answer: Memorandum of settlement: Document that sets out the terms of an agreement to resolve grievance Without precedent: Cannot be referred to in any subsequent proceedings ** What is the burden of proof? - Answer: The party who must prove the facts in dispute ** What is the onus? - Answer: Legal burden of responsibility to prove a presented case at arbitration ** What are two problems with arbitration? - Answer: Criticized for being too legalistic, expensive, & slow Expedited: Resolves issues quickly by providing shorter time limits for arbitration Grievance mediation: Confidential process in which a mediator helps the parties negotiate a settlement to a grievance ** T/F 1. Dissatisfaction with pay is the only reason employees join a union. - Answer: False ** T/F Perceptions of inequity in the workplace cause some employees to believe that unionization will help achieve fairness - Answer: True **T/F All union organizers are paid union staff members. - Answer: False ** T/F In order to obtain bargaining rights a union must apply to the Labour Relations Board and obtain a certificate granting bargaining rights - Answer: FALSE ** T/F The appropriate bargaining unit is a flexible concept - there may be more than one appropriate bargaining unit. - Answer: TRUE ** T/F In some jurisdictions unions may be certified on the basis of the number of signed membership cards they submit to the Labour Relations Board. - Answer: TRUE ** T/F The statutory freeze refers to the rule that prohibits the employer from changing the conditions of employment during the term of the collective agreement. - Answer: FALSE ** T/F Employees who are dissatisfied with their union are allowed to make an application for decertification at any time. - Answer: FALSE ** T/F Successor rights provisions in labour relations legislation protect the union's bargaining rights in the event that the employer sells the business - Answer: true ** MC Which of the following is not reason why employees may seek unionization? 1. to guarantee job advancement on the basis of ability 2. to improve workload 3. to obtain a voice in policy-making 4. to increase job security 5. to achieve workplace equity - Answer: 1) To guarantee.. In order for the Canadian Auto Workers union to gain bargaining rights to represent employees working for a national courier company at a location in Nova Scotia the union will have to file an application with? 1. the Nova Scotia Labour Relations Board 2. the Nova Scotia Labour Court 3. the Canada Industrial Relations Board 4. the Canadian Labour Congress 5. none of the above; the CAW cannot represent courier company employees - Answer: The Canada IR board The appropriate bargaining unit determined by the Labour Relations Board: 1. must comply with any agreement between the employer and the union 2. is based upon the community of interest concept 3. names the individuals in the bargaining unit 4. excludes employees opposed to the union 5. is determined by the Board free of any legislative restrictions - Answer: Is based upon the community of interest concept Define industrial relations - Answer: Some academics and practitioners define industrial relations broadly to include both union and non-union issues and workplaces. Define labour relations - Answer: Defined as the study of all aspects of the union-management relationship Define employee relations - Answer: Refers to activities and processes aimed at maintaining a productive workplace while meeting the needs of employees. Define HRM - Answer: Defined as a set of interrelated workplace programs and services that attract, retain and motivate the desired number of people at the right time, with the required knowledge, skills, abilities and other attributes in order to achieve an organization's goals and objectives. Define common law - Answer: The common law refers to rules of law that originate from the decisions of court judges. Define reasonable notice - Answer: The reasonable notice required under the common law depends primarily upon factors such as the age, length of service, position held by the employee at the time of termination and the current employment market regarding similar employment opportunities. Define wrongful dismissal - Answer: This legal action is concerned with the issue of whether the employer provided sufficient notice, not with the issue of whether the employer had a valid reason to dismiss the person. Define just cause - Answer: That is very serious employee misconduct (e.g., theft, assault or insubordination) that justifies dismissal without notice—there is a fundamental difference between the union and non-union settings. Define construction dismissal - Answer: This is a rule of employment law dealing with situations where the employer makes a fundamental breach of an employment contract that entitles the employee to consider herself dismissed and to sue the employer for wrongful dismissal. What is public sector unionization? - Answer: - Until the mid-1960s, most public-sector workers in Canada did not have the right to unionize. - Some private-sector professional employees, who had not previously organized, pursued unionization after they witnessed the gains made by public-sector employees Compare real & nominal wages - Answer: - Nominal wages are wages that have not been adjusted for inflation. - Real wages are wages that have been adjusted for inflation. If the inflation rate is 4 percent and employees receive a 2 percent wage increase, real wages have been reduced by 2 percent. What is the macroeconomic environment? - Answer: - The macroeconomic environment refers to the state of the economy as a whole, including whether it is in a period of recession or growth and what are the rates of unemployment and inflation. Compare fiscal & monetary policies - Answer: - Fiscal policy refers to changes in government spending and taxation to regulate employment levels and inflation. - Monetary policy refers to changes in interest rates to regulate employment levels and inflation. Interest rates can be reduced to stimulate the economy and raised to control inflation. Compare elastic & inelastic demand - Answer: - An elastic demand means that the demand for a good or service is more responsive to a change in price. (When the price of the good or service changes, the percentage change in the quantity demanded is greater than the percentage change in the price of the good or service.) - An inelastic demand refers to a situation where the demand is less price-responsive. (the percentage change in the quantity demanded is less than the percentage change in the price of the good or service.) What is globalization? - Answer: Trend toward firms obtaining resources and producing and selling their products anywhere in the world. What is deregulation? - Answer: Refers to the change from a business regime in which the government regulates market entrants and prices to one in which the market is open to competition. How does technology affect labour relations? - Answer: - Technological innovation has important consequences for unions and employers. - It will lead to concerns regarding job security because of the possibility of workers being replaced by labour-saving devices or facilitating the transfer of jobs to newly retrofitted plants, often located in lower wage regions. How does demographics relate labour relations? - Answer: - Characteristics of age - As the baby boomers (those born between 1947 and 1966) retire, there may be labour shortages, which will put upward pressure on wages and make it difficult for employers to recruit some types of employees. - In 2016, there were 4.4 million youths aged 15 to 24 in the population and 4.9 million people aged 55 to 64, meaning there is a widening gap between the number of younger people entering the labour force and the number of people preparing to exit it. Compare the employee standards & labour relations legislations - Answer: Employment standards legislation - Mandates minimum terms of employment dealing with vacations, public holidays and wages. - These minimums provide a "floor" for the negotiation of terms and conditions of employment in the collective agreements. Labour relations legislation - Regulates the relationship between the union representing employees and the employer. - It dictates who can unionize, the process that must be followed to unionize, rules regarding the negotiation and administration of the collective agreement, and when there can be a strike or lockout. Compare direct & indirect discrimination - Answer: Direct discrimination - Refers to a rule or conduct that is discriminatory on its "face"; meaning that it is deliberate or intentional. Indirect discrimination (sometimes referred to as systemic discrimination) - Involves a rule or requirement that does not appear to discriminate; however, the requirement has an adverse impact on an individual or group protected by human rights legislation. What is the duty to accommodate? - Answer: Requires the employer to take steps to prevent people from being adversely affected by workplace requirements or characteristics on the basis of a prohibited ground of discrimination Compare efficiency & productivity. - Answer: - To maximize profits, private-sector employers will seek to increase efficiency or productivity. - Efficiency means that goods and services are produced with the lowest possible amount of capital, labour, energy and material resources. - Productivity may be defined as the ratio of an organization's outputs (goods or services) by its inputs (people, capital, materials, energy, etc.). What is control? - Answer: - Control of the workplace has been cited as a management objective that is as important as efficiency. Managers need control to reduce uncertainty or risk. - Unions, through labour federations and congresses, work to influence provincial and federal legislators through various political activities such as presentations to legislative committees and public protests. What is the labour relations strategy? - Answer: - An organization's labour relations strategy refers to how the employer chooses to deal with the unionization of its employees. What is a firms comparative strategy? - Answer: - A firm's competitive strategy refers to how it tries to compete in the marketplace over the long term—how it attracts buyers and improves its market share. Define the following terms: - Union opposition - Union avoidance or substitution - Union acceptance - Union resistance - Union removal - Answer: - Union opposition is the strategy used when the employer has no unionized employees and wants it to stay that way. Employers adopting this strategy are likely hostile to unions and may be willing to use both legal and illegal methods to avoid unionization. - Union avoidance or substitution is another strategy used to prevent unionization, where the employer uses legal means to convince employees they do not need a union. It might involve matching the union rate of pay in an industry - Union acceptance refers to a strategy in which the employer may not want to have a union but remains neutral in a union organizing attempt. If the certification drive succeeds, the employer tries to negotiate the best collective agreement possible. - A union resistance strategy might arise in a firm that is partially unionized. The firm attempts to limit the further spread of unionization to other groups of employees. - A union removal strategy involves the employer attempting to rid itself of any unions. The tactics used might include stalling in negotiations in the hope employees will become frustrated with the union, enduring a strike in the hope employees will become disenchanted with the bargaining agent, or attempting to use the legal process to challenge the union. What are high & low commitment HR strategies? - Answer: - When dealing with the new economic realities, employers should consider two alternative human resource management strategies or approaches to human resource management: a high commitment HR strategy or a low commitment HR strategy. What are high performance work systems? - Answer: - An HPWS assumes that an organization's human resources are the key to competitive advantage for firms in an uncertain and changing environment - The adoption of high-performance practices by some employers has implications for labour relations. Some have questioned whether high-performance practices have had negative effects for employees, including increased workload, more stress, longer hours and a faster pace of work.23 Unionized employers seeking to adopt features of HPWS will likely encounter union resistance to some components of an HPWS. What are employee involvement groups? - Answer: - Some may be forced to adopt employee participation because of a crisis caused by a loss of business or some other external shock. Others may have adopted it in order to copy what is viewed as the best practice of other employers. What is union density? - Answer: - Union density is the percentage of non-agricultural workers who are union members. It indicates the percentage of potential union members who have actually joined a union. Compare craft & industrial unions - Answer: - Historically, a distinction has been drawn between craft unions and industrial unions. Craft unions may be traced back to the guild system of the Middle Ages, where skilled craftsmen provided goods and services needed in their community. What are union locals? - Answer: - The union local, or simply the local, is an administrative unit of a national or international union organization. The roles and responsibilities of union locals are set out in the required constitution and bylaws of the larger (sometimes referred to as "parent") union organizational structures Compare parent unions, national unions, & international unions - Answer: - The vast majority of union locals in Canada are associated with a national or international union. A generic term for these larger organizational units is parent unions - The term national union is a bit misleading; it refers to a union whose membership is confined to Canada, although it may not have members in all provinces. - An international union has members in more than one country Elaborate on labour federations & labour congress - Answer: - Labour relations history has shown a desire of unions to form "umbrella organizations" to represent their interests to governments and to serve their membership on other matters of importance. In Canada, such contemporary union organizations include labour federations and labour congresses. What are labour councils? - Answer: - A labour council is an association of unions in a municipality or region, such as the Vancouver and District Labour Council. These councils work to improve their communities as well as to advance the interests of unions at the regional or municipal level What are labour relations boards? - Answer: - A separate fourth category was established to emphasize that it is independent of the three main actors: labour relations legislation establishes a Labour Relations Board in each jurisdiction, which is responsible for administration of the legislation. What are arbitrators? - Answer: - Interest arbitration, seen more commonly in the public sector, involves arbitrators settling certain terms of the collective agreement when the management and union representatives are not able to successfully negotiate a contract. - When a union and an employer have a dispute about the interpretation, application or administration of an existing collective agreement, it is referred to rights arbitration. A sole arbitrator or arbitration board in such cases, hears evidence presented by the parties and renders decisions that are binding upon them Strike - Answer: is the temporary refusal by bargaining unit members to continue working for the employer includes situations where employees continue to work but restrict output during the term of the collective agreement is illegal Work-to-rule campaign - Answer: a work slowdown carried out by strictly adhering to work rules and the collective agreement eg. employees who refuse overtime in collaboration with each other are engaging in a strike Rotating strikes - Answer: Occur when employees at different location alternately stop working postal system the union could have employees strike in different cities on different days Wildcat strike - Answer: Is an illegal strike that has not been authorized by the union Eg. if a group of employees walked off the job to protest the discipline or dismissal of a co-worker despite the fact that a collective agreement covering these employees was in force Lockout - Answer: an employers refusal to allow unionized employees to work in order to force the union to agree to certain terms of employment Functions of Strikes - Answer: - resolve conflict - intra-organizational bargaining, by bringing the expectations of bargaining unit members into line with what the bargaining team can achieve - re-evaluate their most recent bargaining positions Economic Factors - Answer: strike activity increases in periods of higher employment and decreases as unemployment rises male-dominated bargaining units and larger bargaining units - Answer: more likely to be involved in strikes female employees - Answer: more likely to quit their jobs to express dissatisfaction rather than to strike Conflict Within the Employer or Union - Answer: gender, age, seniority and other factors ,interests , differences Inexperienced negotiators - Answer: - committing themselves to a position they cannot withdraw from without a loss of reputation - charges of unfair labour practices - may not send out proper signals regarding where they would be willing to settle -fail to pick up on cues from the other side about settlement possibilities Distinguish between: - Labour Relations - Employee Relations - Industrial Relations - Answer: Labour Relations - Defined as the study of all aspects of the union-management relationship Including the establishment of union bargaining rights, the negotiation process, and the administration of a collective agreement. Employee Relations - Refers to activities and processes aimed at maintaining a productive workplace while meeting the needs of employees. Industrial Relations - Some academics and practitioners define industrial relations broadly to include both union and non-union issues and workplaces. - A commonly used definition of industrial relations states that it is "a broad interdisciplinary field of study and practice that encompasses all aspects of the employment relationship." The "Open System" - The environment - The parties - The processes - The outputs - Feedback - Answer: Environment - the economic environment refers to the economy of the nation and the competitive position of a firm in a particular industry Parties - There are three main parties shown in Figure 1-1: employers, unions and government. - if unions perceive that job security is threatened, their objective will be to attempt to negotiate provisions such as increased layoff notice. Processes - If an issue is not governed by the collective agreement, the employer might make changes on its own initiative (e.g., dress code or "use of technology" policies). Outputs - The primary output or result will either be the achievement of a renewed collective agreement that sets out terms and conditions of employment, or a strike or lockout due to unresolved issues between the parties in collective bargaining. Feedback - Shows how the elements of the framework are interconnected and affect each other. The Environment Which Affects Labour Relations: -Economic - Government Policy - Industry Trends / Company Decisions - Technology / Innovation - Demographic - Social / Political - Legal - Answer: Economic - If the economy is in a recession, the parties will be adversely affected. - For certain industries, such as air travel, economic factors may present unique threats or opportunities. Government Policy - The government may attempt to regulate the economy, specifically unemployment and inflation, through monetary and fiscal policy. - Fiscal policy refers to changes in government spending and taxation to regulate employment levels and inflation. - Monetary policy refers to changes in interest rates to regulate employment levels and inflation. Interest rates can be reduced to stimulate the economy and raised to control inflation. Industry Trends - An elastic demand means that the demand for a good or service is more responsive to a change in price. - An inelastic demand refers to a situation where the demand is less price-responsive. Technology - Technological innovation has important consequences for unions and employers. - It will lead to concerns regarding job security because of the possibility of workers being replaced by labour-saving devices or facilitating the transfer of jobs to newly retrofitted plants, often located in lower wage regions. Demographics - As the baby boomers (those born between 1947 and 1966) retire, there may be labour shortages, which will put upward pressure on wages and make it difficult for employers to recruit some types of employees. - In 2016, there were 4.4 million youths aged 15 to 24 in the population and 4.9 million people aged 55 to 64, meaning there is a widening gap between the number of younger people entering the labour force and the number of people preparing to exit it. Political Environment - The political environment in turn has a significant impact on the legislation that regulates unions and employers - A critical feature of the Canadian political envir Government Objectives and Processes - Figure 5 - 1 (in textbook) - Answer: Regulation of labour relations processes 1. Legislation relating to labour relations, employment standards, human rights, health and safety, pay equity and employment equity Regulation of labour relations outcomes 2. Specific dispute resolution (back-to-work) legislation Protection of the public interest 3. Contract negotiation Regulation of the economy: employment and inflation 4. Grievances and arbitration Aid to particular industries 5. Public relations initiatives Regulation of the results of a market economy: monitoring equitable opportunity, rewards, and minimum employment conditions 6. Provide assistance and information to employers and unions regarding labour relations issues Government employers: efficiency and control 7. Monetary and fiscal policy Maintenance of political office 8. Ownership of some enterprises 9. Legal action Labour Relations Boards - Composition - Responsibilities - Procedure / Remedies - Answer: Composition - Tripartite (three-person) representational bodies consisting of a neutral chairperson and vice-chairs, and representatives from employers and unions. Responsibility - Processing union certification applications to represent employees - Processing union certification applications to represent employees - Hearing unfair labour practice complaints by unions, employers and employees - Dealing with arbitration of first and subsequent contract disputes in some jurisdictions Procedure & Remedies - A settlement officer attempts to resolve disputes so that a formal hearing is not required. Very often a hearing is avoided using this approach. The Boards have extensive remedial powers, including ordering the reinstatement of employees and the payment of damages. Distinguish Mediation from Arbitration - Answer: Mediation - Grievance mediation is a confidential process in which a mediator helps the parties negotiate a settlement. Arbitration - Arbitration is an adversarial process in which representatives of management and the union present documentation, witness testimony and references to prior cases to the arbitrator or arbitration board, which makes a final and binding decision to resolve the disputed grievance. Employer / Company Labour Relations Strategy - Factors Affecting - Possible Strategies - Answer: Employer - An organization's labour relations strategy refers to how the employer chooses to deal with the unionization of its employees. There are several possible broad choices or strategies employers can adopt, ranging from acceptance to extreme opposition. FACTORS - Competitive strategy - Cost leadership - Differentiation STRATEGIES -Union opposition: sed when the employer has no unionized employees and wants it to stay that way. - Union avoidance: the employer uses legal means to convince employees they do not need a union. - Union acceptance: the employer may not want to have a union but remains neutral in a union organizing attempt. - Union resistance: The firm attempts to limit the further spread of unionization to other groups of employees. - Union removal: employer attempting to rid itself of any unions Human Resources Management - Why it is important - Approaches / Strategy - Difference between High Commitment/Low Commitment HR Strategy - Answer: - The low commitment approach : a low emphasis on technological innovation, development of workforce skills, attempts to cut labour costs - The high commitment approach : a competitive advantage by pursuing product and service differentiation instead of competing on the basis of price, using labour with more skills providing higher compensation Employee Relations Programs and Approaches: Where a Union is Present - How to involve employees under the Collective Agreement - How to involve employees outside the 'CA' Where There is no Union - Answer: Activities and processes aimed at maintaining a productive workplace. - Questions regarding the legality of such programs and union opposition may arise. - First, the union is the exclusive bargaining agent of employees. - Second, unions cannot engage in a stoppage of work that would amount to an illegal strike. - Employers are allowed to communicate with employees where the subject matter of the communication is an item that the collective agreement leaves to management's discretion. - If the collective agreement does not refer to methods of operation—and most do not—the employer can obtain input directly from employees without violating the union's exclusive bargaining rights. Union Objectives and Processes - Answer: - Processes in that framework refer to union activities and methods, such as contract negotiation, which are used to achieve union objectives. Improving terms and conditions of work - Organizing employees Protecting against arbitrary management action - Contract negotiation Providing conflict resolution and employee input - Strikes and boycotts Pursuing social and economic change - Grievances and arbitration - Court (legal) action - Political activity - Public relations - Union-management collaboration - Other unilateral action Unions: - Types of - Density - Environment - Characteristics - The Business Agent (or Union Steward) - Answer: - Craft unions may be traced back to the guild system of the Middle Ages: Blacksmiths, carpenters and coopers set prices for their work and provided financial support to their peers in times of injury or illness. - Industrial unions organize different types of workers in a company, including skilled and unskilled workers. Unifor is an example of an industrial union. - Union density: percentage of non-agricultural workers who are union members. It indicates the percentage of potential union members who have actually joined a union. Union Structure and Functions - Answer: - Businesses have organizational structures that range from simple to complex in design and function. - A union local represents the basic structural unit found in a work setting. Distinguish between: Locals - Answer: - The union local is an administrative unit of a national or international union organization. - The roles and responsibilities of union locals are required constitution and bylaws of the larger union organizational structures. - There are over 14,000 locals in Canada. - Union locals may also become involved with the education of their members, often with the assistance of a national or international representative. Nationals and Internationals - Answer: The term national union is a bit misleading; it refers to a union whose membership is confined to Canada, although it may not have members in all provinces. An international union has members in more than one country (e.g., both Canada and the United States) with its headquarters in one of the countries. Labour Federation and Congresses - Answer: Alberta Federation of Labour (AFL) British Columbia Federation of Labour (BCFL) Manitoba Federation of Labour (MFL) New Brunswick Federation of Labour (NBFL) Newfoundland and Labrador Federation of Labour (NLFL) Northern Territories Federation of Labour (NTFL) Northwest Territories and Nunavut Nova Scotia Federation of Labour (NSFL) Ontario Federation of Labour (OFL) Prince Edward Island Federation of Labour Quebec Federation of Labour (FTQ) Saskatchewan Federation of Labour (SFL) Yukon Federation of Labour Distinguish between labour relations and industrial relations as defined in this book. - Answer: What are two ways in which the macroeconomic environment affects unions and employers? - Answer: What is the "social environment," and why is it important to labour relations? - Answer: Identify three different factors affecting an employer's labour relations strategy. - Answer: Describe the implications of a cost leadership or differentiation strategy for labour relations. - Answer: What is union density, and why is this measure important? - Answer: What are some of the characteristics of Canadian union membership, and what is the significance of these features? - Answer: What is a key distinguishing characteristic between national and international unions? - Answer: What are two functions of a "parent" union in relation to their union locals? - Answer: What is a labour federation? Name two key functions provided to its member unions. - Answer: Why are national and international unions lobbying political leaders in Canada regarding economic treaties such as NAFTA? - Answer: Why does government become involved in labour relations? - Answer: What methods do governments use to regulate and influence the labour relations system? - Answer: How do Labour Relations Boards serve as key actors in the labour relations system? - Answer: Identify the required terms to be included in a collective agreement. - Answer: Explain the meaning of the term "contract out" of bargaining unit work and provide reasons why unions seek restrictions on contracting out. - Answer: Why would an employer seek to have a specific penalty for misconduct included in the collective agreement? - Answer: Describe the preferences of the union and the employer regarding any personal leave provisions in the collective agreement. - Answer: What is meant by "bargaining structure" and how can it affect negotiation? - Answer: What is the meaning and significance of each of the following: intra-organizational bargaining, distributive bargaining, integrative bargaining and attitudinal structuring? - Answer: Identify steps the union and the employer will likely follow in the course of preparing for negotiations. - Answer: Describe two hardball tactics that a party could use in negotiations. - Answer: Identify the key policy variables relating to third-party assistance in contract dispute resolution. - Answer: Distinguish between conciliation or mediation, and arbitration. - Answer: Describe the possible problems that are associated with arbitration. - Answer: What concerns may unions and employers have regarding final offer selection? - Answer: Identify the factors that affect the incidence of strikes. - Answer: List the legal requirements for a strike or lockout in your jurisdiction. - Answer: Distinguish between labour, employee, and industrial relations - Answer: Labour: the study of all aspects of the union-management relationship, including the establishment of union bargaining rights, the negotiation process, & the administration of a collective agreement. Employee: Refer to activities & processes aimed at maintaining a productive workplace while meeting the needs of employees. Includes communication, workplace discipline, employee involvement, diversity, etc. Industrial: Broad interdisciplinary field of study & practice that encompasses all aspects of the employment relationship The "Open System" - Environment - Parties - Processes - Outputs - Feedback - Answer: - Coined by Alton Craig Environment - Refers to the economic, technological, social, political & legal factors that affect the parties & their activities & processes Actors or Parties - Three main parties: Employers, unions, & governments - Concerned with the objectives, power, & values of each Processes - Third element of the framework - Refers to the various processes & activities the parties or actors might engage in Outputs - Fourth component - Possible results of the processes & activities of the parties Feedback - Final & essential - Feedback loops; Processes to parties, outputs to process & activities, outputs to actors or parties, outputs to the environment The Environment Which Affects Labour Relations - Economic - Government policy - Industry trends/company decisions - Technology/innovation - Demographic - Social and political - Legal - Answer: Economic - Recession; parties will be adversely affected - Macroeconomic; state of the economy as a whole. including whether it is in a period of recession or growth Technology - Developments in knowledge occurring in the external market place by firms such as Microsoft, Google, SAP & others. Demographic - Aging workforce, baby-boomers, etc Social - Values & beliefs Political - Political system Legal - Must follow laws & regulations - Employment standards legislation Government Objectives and Processes - Figure 5.1 in textbook - Labour relations board o Composition o Responsibilities o Procedure/remedies - Distinguish mediation from arbitration - Answer: Regulation of labour relations processes - Legislation relating to labour relations, employment standards, human rights, health and safety, pay equity and employment equity Regulation of labour relations outcomes - Specific dispute resolution (back-to-work) legislation Protection of the public interest - Contract negotiation Regulation of the economy: employment and inflation - Grievances and arbitration Aid to particular industries - Public relations initiatives Regulation of the results of a market economy: monitoring equitable opportunity, rewards, and minimum employment conditions - Provide assistance and information to employers and unions regarding labour relations issues Government employers: efficiency and control - Monetary and fiscal policy Maintenance of political office - Ownership of some enterprises - Legal action Factors affecting employer/company labour relations strategies - Answer: Competitive Strategy Cost Leadership - Compete on price Differentiation - Unique products Experience w a union Compare high & low commitment strategies - Answer: High commitment - Adoption of better technology & requires investment in training & development of human resources Low commitment - Traditional production methods & a low emphasis on development of workforce skills What are the types of unions? - Answer: Craft unions - Organize members of a trade or occupation Industrial unions - Organize workers in different occupations in a company or firm What is union density? - Answer: Percentage of non-agricultural workers who are union members Indicates the percentage of potential union members who have actually joined a union Distinguish between o Locals o National and international o Labour federations and congress - Answer: Local - Administrative unit of a national or international union organization - Responsible for organizing workers, community service, collective bargaining, & administration National & International - National is confined to Canada, but may not be in all provinces - International are 2+ countries with the parent union headquarters located in one country Labour federations & congress - Association of unions - Every province has a labour federation, belonging to a national umbrella - Involved in lobbying, pursuing economic policies, etc What are the components of the CA? - Answer: What are the mandatory terms under the CA? - Answer: Provisions that must be included in the collective agreement because they are required by law - A recognition clause indicating that management recognizes the union as the exclusive bargaining agent for its members in the workplace - A prohibition against strikes and lockouts during the term of the agreement - A provision for the arbitration of disputes relating to the interpretation, application and administration of the agreement - A minimum term of one year for the agreement A check-off of union dues clause or "check off" clause, if the union requests it, requiring the employer to deduct union dues from the pay of unionized employees (in place in a majority of Canadian jurisdictions) What is the grievance & arbitration process? - Answer: Step one - Grievance shall be reduced to writing & be presented to supervisor within 5 working days Step two - If the decision of the supervisor is not satisfactory, the chief steward within 8 working days must present to department manager Step three - Failing satisfactory settlement of the grievance at step 2 the union president shall present to manager of labour How does seniority affect a CA? - Answer: - Key factor in many elements of collective agreement administration - Seniority is recorded in accordance with the collective agreement & the law - Seniority continues to accumulate during periods when employees are not working, including a leave or layoff Explain the following in regard to the CA: - Hours of work & scheduling - Overtime - Wages & benefits - Vacation & public holidays - Answer: Hours of work - Minimum & maximum hours, with lunch & breaks - Not to be confused with over time Overtime - Premiums, restrictions, definition, rate of pay, compensation on meals etc Wage and benefits - COLA adjustments - When they will be paid, percentage deductions, etc Public Holidays - How many are provided? - Who is entitled to it? - What is the rate of pay? - What happens if a public holiday falls on a day off? - What is the formula for vacation pay? What is "contracting out"? - Answer: Occurs when an employer arranges for another firm to do work that is or could be done by the employers own employees - Is there any restriction in the CA? When negotiating the CA, what are some bargaining structures? - Answer: Bargaining structures refer to the number of unions, employers, & establishments involved in contract negotiations - Single employer, single establishment, single union: Common in Canada, the employer may have more than one location or more than one union, however negotiations are conducted between the employer & union representing one location - Single employer, multiple establishments, single union: Auto industry, may be a master agreement What are some types of union-management relationships? - Answer: Conflict - Hostile - Employer opposes the unions representation of employees & only deals with the union as required by law Containment-Aggression - Union attempts to increase its influence & the employer attempts to contain or minimize the union's impact in bargaining Accommodation - Each party recognizes the legitimacy of the other, & there is a moderate amount of respect between them - However, limited trust is present Cooperative - Completely accept each other's legitimacy in the workplace & are willing to collaborate Collusion - Coalition between the union & the employer to pursue common goals & practices that may be illegal What is the negotiation process? - Answer: Notice to bargain -Bargaining teams selected - Preparation of demands - Meetings - Mediation- Arbitration-Lockouts-Agreement or impasse What are Strikes, Lockouts and Contract Dispute Resolution? - Answer: Strikes & Lockouts - Strikes are refusals to work or the restriction of output by unionized employees - Cessation of work or refusal to work - Lockouts: Employers refusal to allow unionized employees to work in order to force the union to agree to certain terms of employment What is picketing? - Answer: Picket line Pickets cannot trespass on private property. Legally, a picket line can only be established to inform or persuade the public. The law does not allow pickets to obstruct entry or intimidate. - will usually carry signs to advise the public about the strike and may also hand out leaflets. - In some strikes, unions have also attempted to inform the community by putting notices in newspapers and distributing leaflets to homes. - block entry End of a strike - Answer: Will usually continue until the parties reach a collective agreement; however, a union may call an end to the strike w/o an agreement being negotiated What is conciliation? - Answer: Attempt to assist the parties reach an agreement on the unresolved issues in collective bargaining If your boss has decided to redesign your job using job enlargement, what does this mean? A) your will have more job scope B) you will have less job breadth and more job depth C) you will have more job breadth D) you will have more job breadth and less job depth E) you will have more job depth - Answer: C) you will have more job breadth Of the five core job characteristics, which ones have been found to be negatively and consistently related to absenteeism? A) skill variety, task identity, and autonomy B) skill variety, feedback, and autonomy C) skill variety, task significance, and autonomy D) skill variety, task identity, and task significance E) task identity, task significance, and feedback - Answer: A) skill variety, task identity, and autonomy In its most simple form, people who work under a compressed workweek work A) less weeks per year than normal. B) fewer hours per month than normal. C)less hours per day than normal. D) fewer hours per week than normal. E) fewer days per week than normal. - Answer: E) fewer days per week than normal. The systematic mis-estimates that managers make of the pay of others in their firm suggests that they will often A) underestimate the pay of employees. B) underestimate the value of a promotion. C) experience equity with regard to peers. D) experience equity with regard to employees. E) overestimate the value of a promotion. - Answer: B) underestimate the value of a promotion. Which of the following is most accurate about the importance of pay as a motivator? A) employees overestimate the importance of pay as a motivator B) employees and managers underestimate the importance of pay as a motivator C) employees overestimate and managers underestimate the importance of pay as a motivator D) employees and managers overestimate the importance of pay as a motivator E) employees underestimate and managers overestimate the importance of pay as a motivator - Answer: B) employees and managers underestimate the importance of pay as a motivator According to the Job Characteristics Model, what should be done to increase experienced responsibility for work outcomes? A) Reduce feedback B) Increase task significance C)increase skill variety D) Increase autonomy E) Reduce task identity - Answer: D) Increase autonomy Which motivational technique is most closely associated with goal setting? A) Wage incentives B) Job sharing C) MBO D) Job enrichment E) Flextime - Answer: C) MBO Piece rate pay systems A) are especially useful when few objective performance criteria exist. B) usually increase cooperation among workers on peripheral, nonproduction tasks (for example, keeping the shop clean). C) generally lead to increased productivity unless restriction occurs. D) have generally been supported by unions. E) are most effective when applied to white-collar jobs. - Answer: C) generally lead to increased productivity unless restriction occurs. Which job enrichment technique would prove most threatening to workers with poor social skills? A) Reducing supervision B) Making feedback more direct C) Reducing reliance on others D) Establishing client relationships E) Combining tasks - Answer: D) Establishing client relationships Establishing client relationships is an example of which motivational strategy? A) Gain sharing B) Flextime C) Job enrichment D)Goal setting E) Job sharing - Answer: C) Job enrichment Which system is specifically based on cost reduction? A) Skill-based pay B) Goal setting C) Gain sharing D) Merit pay E) MBO - Answer: C) Gain sharing The owner of Acme Manufacturing Company is thinking about introducing the Scanlon Plan. This plan will most likely have the greatest impact on his employees' A) skill level. B) autonomy. C) job design. D) pay. E) working hours. - Answer: D) pay. What is the motivating potential score (MPS) for this job profile? Variety = 1; identity = 2; significance = 3; autonomy = 3; feedback = 5. A) 28 B) 90 C) 30 D) 14 E) 45 - Answer: C) 30 A review of research on the compressed workweek concluded that A) there is a positive effect on satisfaction with one's boss B) there is a positive effect on life satisfaction C) there is a positive effect on job satisfaction D) there is a positive effect on absenteeism E) there is a positive effect on productivity - Answer: C) there is a positive effect on job satisfaction In a recent study in a unionized auto parts manufacturing plant, a Scanlon gainsharing program had a positive effect on A) number of suggestions provided by employees B) labour required C) scrap and waste reduction D) number of errors made by employees E) quality and quantity of parts - Answer: A) number of suggestions provided by employees The practices of Scientific Management seem LEAST compatible with A) job enrichment. B) piece rate pay. C) high specialization. D) close supervision. E) goal setting. - Answer: A) job enrichment. Joe, Margaret, and Denise are coworkers. Joe produces five widgets and is paid $5. Margaret produces twenty widgets and is paid $20. Denise produces fifty widgets and is paid $50. These workers are being paid according to a(n)________ pay plan. A) merit B) hourly C) piece rate D) lump sum E) Scanlon - Answer: C) piece rate One problem that may cause MBO to fail is that A) workers may become fatigued because of longer working days. B) MBO may lead to problems in achieving adequate supervisory coverage. C) the objectives are too specific. D) top management gets too involved in the MBO program. E) performance reviews may become an exercise in punishing employees. - Answer: E) performance reviews may become an exercise in punishing employees. In a flex-time system, the period when all employees must be present at work is called A) full force. B) flexband. C) nonflex. D) compressed time. E) core time. - Answer: E) core time. Ross's job is very low in feedback. According to Hackman and Oldham's Job Characteristics Model, which psychological state will be most affected by this low feedback? A) Experienced autonomy B) Experienced meaningfulness of the work C) Experienced identity of the work D) Knowledge of results of the work E) Experienced responsibility for work outcomes - Answer: D) Knowledge of results of the work In terms of job design, satisfaction with ________ would not be an example of context satisfaction. A) supervision B) autonomy C) workplace safety D) company policy E) pay - Answer: B) autonomy If your company allows employees to work at their business office, a satellite office, and/or a home office, what kind of program do they have? A) telecommuting program B) distributed work program C) alternative work office program D) flexible work program E) telework centre program - Answer: B) distributed work program Very strict union rules about who does what work are most likely to pose a problem for installing which system? A) Job enrichment B) Scanlon plan C) Merit pay D) Flextime E) Gainsharing - Answer: A) Job enrichment Which of the following consequences is least likely to occur as a result of flex-time or a compressed workweek? A) Decreased absenteeism B) Worker acceptance of the system C) Increased performance D) Increased satisfaction E) More time with family - Answer: C) Increased performance Which of the following is both a core job characteristic and a necessary condition for goals to motivate performance? A) Context satisfaction B) Feedback C) Growth need strength D)Pay E)Identity - Answer: B) Feedback Al's job is very broad, but it has almost no depth. Al has a(n) ________ job. A) high-scope B) enriched C) high autonomy D) low-scope E) high MPS - Answer: D) low-scope If you work for a company that has a distributed work program, what does this mean? A) your can arrive and leave work when you want within certain time periods B) you must work at home and telecommute C) you can work at a satellite office near your home. D) you can work at home, at a satellite office, or at the company's offices E) you can either work at home and telecommute or work at the company's offices - Answer: D) you can work at home, at a satellite office, or at the company's offices Where does the Job Characteristics Model falter in its predictions? A) knowledge and skills and context satisfaction B) growth need strength and context satisfaction C) growth need strength and knowledge and skill D) feedback and knowledge of results E) task identity and the critical psychological states - Answer: B) growth need strength and context satisfaction In general, we would not expect a high scope job to ________ than a low scope job. A) have more job depth B) have higher "motivating potential" C) involve more task variety D) pay more E) conform more closely to the principles of Scientific Management - Answer: E) conform more closely to the principles of Scientific Management What is job sharing? A) Two jobs are combined into one and shared by two people B) Two people do the work of three people C) Two people help each other do their separate jobs D) Two jobs are given to one individual E) Two people do one job - Answer: E) Two people do one job When an organization faces a slow-down in business activity, there may be a reduction in the number of hours employees work in order to avoid layoffs. This is called: A) Work sustainability. B) Job contingency. C) Work sharing. D)Layoff avoidance. E) Reduction contingency. - Answer: C) Work sharing. Research on financial incentives and pay-for-performance plans have found that they A) lower performance and lower turnover. B) lower performance and increase turnover. C) increase performance and lower turnover. D) increase performance but have no effect on turnover. E) have no effect on performance or turnover. - Answer: C) increase performance and lower turnover. At Bell Canada, employees are eligible to participate in the company's ________ program. A) compressed workweek B) distant staffing C) distributed work D) job sharing E) telework centre - Answer: C) distributed work In order to increase the scope of employees' jobs and help them build greater skills and expertise by performing different jobs, many organizations have implemented ________ programs. A) job scouting B) job splicing C) career scouting D) career ramping E) job rotation - Answer: E) job rotation Managers have a tendency to ________ the pay of their boss and ________ the pay of their employees. A) overestimate; underestimate B)overestimate; overestimate C) underestimate; underestimate D) correctly estimate; underestimate E) underestimate; overestimate - Answer: E) underestimate; overestimate If your organization has just offered you the opportunity to work at a telework centre, what does this mean? A) you will no longer be able to have your own office B) you can spend part of the week working anywhere you want C) you can work anywhere you want all the time D) you can work at home and telecommute E) you can work out of an office located near your home - Answer: E) you can work out of an office located near your home Where do the moderator variables in the Job Characteristics Model intervene? A) between job characteristics and outcomes B) between job characteristics and growth need strength C) between the critical psychological states and outcomes D) between job characteristics and the critical psychological states E) between job characteristics and the critical psychological states and between the critical psychological states and outcomes - Answer: E) between job characteristics and the critical psychological states and between the critical psychological states and outcomes According to Hackman and Oldham's Job Characteristic Model, employees should respond most favourably to job enrichment when growth need strength is ________ and satisfaction with job context factors is ________. A) high; high B) high; low C) moderate; low D) low; high E) low; low - Answer: A) high; high If your boss has given you a stretch assignment, what does this mean? A) you have many more tasks to perform as part of your job B)you will be working on a variety of tasks with new responsibilities C) you will be working on a new task for an extended period of time D) you will have to get more accomplished in a shorter period of time E) you will have to share your job with another employee - Answer: B)you will be working on a variety of tasks with new responsibilities As the size of the team ________, the relationship between any individual's productivity and his or her pay ________. A) increases; increases B) decreases; will approach zero C) decreases; decreases; D) increases; decreases E) increases; becomes stable - Ans

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HROB 2200 Notes
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Denning [Date] [Course title]

,** Why do employees unionize? - Answer: - Unions are "in the business" of representing workers who
at some point became so unhappy with their jobs, they sought out external advocates



- Could be due to; poor supervision, compensation, fairness/equity, job security, work load, employer
policies, & so on



** Why would employees not want to unionize? - Answer: - Union dues



- Political and social activities of unions



- Strikes



- Loyalty to the employer



- Conflict



- Merit



- Perception of union member work habits and attitudes



- Flexibility



- Employee retaliation



- Job loss



- Lack of opportunity to unionize



What are some external factors that affect unionization? - Answer: Economic: During periods of
inflation, employees perceive that unions may protect their real income. In a recession, higher

,unemployment rates might prompt concerns regarding job security, causing employees to seek
unionization.



Attitude: Social media, TV, movies, friends, & family usually portray unions in a negative light



** What are bargaining rights of a union? - Answer: Crucial to labour relations



There are two ways to obtain; voluntary recognition or application to LR board



Essentially is obtaining a certificate that grants the union the right to serve as the exclusive bargaining
agent for employees



** What is the certification of a union? - Answer: A union may obtain right to represent a group of
employees by applying to the LR board



If successful, board will issue a certificate that affirms the union as exclusive bargaining agent



** What is an organizing campaign, union organizer, & organizing committee? - Answer: Campaign:
union's attempt to convince employees that they should become union members



Organizer: a person on the staff of the union who attempts to sign-up enough employees as members
for an application for certification.



Committee: a group of employees who support the union and work with the union organizer.



** Provide a brief overview of the application for certification process. - Answer: Application for
certification:



1. It is a trade union as defined in labour relations legislation



2. The application is timely

, 3. The group of employees specified in the application is an appropriate bargaining unit



4. The union has adequate support of employees in the proposed unit



Briefly discuss appropriateness in regard to the BU - Answer: A union cannot simply apply for a union
group - the group must be deemed appropriate & a union must be necessary



** How should employees conduct themselves during the process? - Answer: Cannot threat,
intimidate, or use coercion



Cannot use unfair labour practices. Must all be in good faith



** What are some unfair labour practices? - Answer: Change terms & conditions of work during
certification process



Discriminate



Impose condition in a contract of employment that restraints employee from joining a union



** What are some remedies for unfair policies? - Answer: Cease & desist



Compensation



Freeze working conditions



New representation vote



Prosecution

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