Labour Law Bargaining and Employment Individual Bargaining Many
Labour Law
Bargaining and Employment
Individual Bargaining § Many workers enter into individual contracts with their employer § Each side negotiates to reach a fair compensation package and the terms of the agreement last until the contract ends § Such contracts are often standardized § Federal and provincial employment legislation and contract law apply here § For less skilled workers this can be a disadvantage
Bargaining Through an Agent § Famous sports figures, media personalities, musicians and actors are often too busy to negotiate contracts § They can also afford to hire skilled negotiators § Most employees will never use an agent § As more people who work in industries are hired on a contract basis agents may become more widespread
Bargaining Collectively § A group of workers may chose to elect a representative or association to bargain with an employer on their behalf- known as collective bargaining § Unionized collective bargaining is the process by which a union represents employees in relation with their employer § Don’t need to be unionized to have collective bargaining
Governments and the Workplace
Federal Legislation § Trade Unions Act: 1872, made it legal for workers in Canada to organize and form unions, under defined conditions § Industrial Disputes Investigations Act: 1907, response to widespread strikes, created a conciliation board that would act as a neutral third party
Labour Milestones § Winnipeg General Strike: 1919 § 1000’s of workers brought the city to a halt by walking off the job over their right to bargain collectively for fair wages § Before it was over 2 people were killed and 100’s of protestors were injured § Some concessions were made: union recognition, 8 hour work day
§ Old Age Pensions Act: 1927, allowed workers to retire with a small measure of financial security § Unemployment Insurance Act: 1941, financial support to laid off workers § Canada Labour Code: 1967, consolidated all of Canada’s Labour Laws
Provincial Legislation § Covers everything from workplace safety and minimum wages to compensation for work-related illness and injury § Employment Standards Act: each province has their own § Lays out the basic rights and responsibilities of employees and employers and establishes minimum workplace standards
Labour boards and Tribunals § Workplace disputes can be solved outside the court system § Created specialized boards that would be expert in labour relations, less intimidating to workers, and less costly and time consuming § Their job is to determine if rights have been denied and to find a remedy
Seatwork § Shifting Perspectives: Child Labour pg. 373 § Questions pg. 375 # 7
Unions: Past and Present
Why Join a Union? § For many it is so the union can negotiate for them in such things as a living wage, increased equity in the workplace, etc. § Through a union, workers may gain more influence § Many also provide a wide range of services
Union Structure § Union local: § includes a number of union reps who deal with local grievances & health and safety issues, also inform members on issues § May be quite autonomous with own rules and structure § Some can be completely independent but for the most part they are part of a larger union
Types of Unionized Workplace § Three types § Closed shop: employer agrees to hire only workers who are already members of a specific union (e. g. certain trade unions) § Union shop: more common, employees must join the union after being hired (e. g. public school teachers) § Agency shop: employees don’t have to join the union, but they must still pay union dues
Unionization Process
Certification Process § Organizers must collect evidence that a majority of workers support the union and submit it to the provincial labour relations board § If it wins a majority vote then the union becomes certified
Legal Protection During Organizing § Labour boards protect the right of employees to organize and forbid activities that would interfere with an open, democratic process during a union drive § During the certification process management must not alter the conditions of work to influence workers’ decisions
The Bargaining Unit § Particular group of workers the union is expected to represent § E. g. plant workers § In a large workplace there may be different unions to represent different bargaining units
Decertification § If members are dissatisfied they can take action to remove it § A majority of union members must vote to remove it § Generally overseen by the labour board
Seatwork § Pg. 378 Q. # 2, 4, 8 § Case Study: Lavigne v. Ontario Public Service Employees Union pg. 378 § Pg. 380 Q. # 4
Collective Bargaining § Once a bargaining unit has been established and the union certified, unions reps are expected to come to a collective agreement § An contract that sets out the terms and conditions of employment between the employees and employer § Union members usually make a list of demands, then give management then notice of intent § The union must bring any negotiations back to the members for ratification
Alternative Dispute Resolutions § Mediation: neutral third party provides both sides with info and suggests a possible compromise § Binding Arbitration: both sides must find the arbitrator acceptable, it’s binding § Final Offer Selection: form of B. A. , both parties present their bottom lines and the arbitrator picks one
Strikes and Lockouts § Strike: employees withdraw their labour to back up their contract demands § Lockout: management locks workers out of their workplace § Work-to-rule: workers follow the terms of the existing contract to the letter and do absolutely nothing more
The Collective Agreement § Key factor shaping work and the workplace § Functions in the same way as any other agreement, terms and conditions must be clearly defined § Union reps and business managers spend a lot of time making sure the other side lives up to it § Labour arbitrators settle grievances according to the agreement
Union vs. Non-Union Activity: Pros and Cons
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