STRIKES SIGNIFICANCE OF STRIKES Most people familiar with

STRIKES

SIGNIFICANCE OF STRIKES • Most people familiar with strikes • Strikes tend to get media attention yet 90% of all agreements settled without strikes • Perception is that strikes only way to settle industrial conflict • Need to be viewed as part of larger context of industrial conflict • Labour relations laws developed largely in response to strike activity

WHAT IS A STRIKE? • Concerted activity involving collective refusal to work – Slowdown – Work-to-rule • Restrictions and provisions to when a strike can occur • Strike restrictions may exist in public sector

MEASURING STRIKE ACTIVITY AND INTENSITY • Measures of strike activity – Frequency – Number of workers involved – Duration – Person-days lost

MEASURING STRIKE ACTIVITY AND INTENSITY (continued) • Recent trends – Steadily declining since 1970 s – Increase in public sector – Community, business, personal services, transportation, communication, and utilities account for more than one-half

MEASURING STRIKE ACTIVITY AND INTENSITY (continued) • Recent trends (continued) – Different types of strikes occur for different reasons • First-contract--employer’s willingness to bargain • Renegotiation--money • Wildcat--specific issue during life of agreement – Most person-days lost during renegotiation strike – Strikes tend to rise and fall in relation to business cycle

CAUSES OF STRIKES • Serious medium- or long-term worker frustration – Poor labour-management relations – Extremely difficult economic environment • Triggering incident • Complex issue

CAUSES OF STRIKES (continued) • Avoidable – True positions overlap – Sufficient information • Unavoidable – Fundamental disagreement over issue of principle – No settlement zone – Desire to change bargaining framework

CAUSES OF STRIKES (continued) • Mistakes – Immature or flawed bargaining relationships – Lack of skill and experience – Inability to get along – Intraorganizational conflict – One party having more/better information than other party • Collective voice

CAUSES OF STRIKES (continued) • Big picture – One of many forms of workplace conflict – Conflict can be individual or group – Some mechanisms for resolving conflict better than others

DISPUTE RESOLUTION METHODS • • Wide variety Involve third party Work in different ways Government intervention attempts to strike balance • Without government intervention parties may be forced to find more creative ways

DISPUTE RESOLUTION METHODS (continued) • Compulsory conciliation – Government official meets with parties – Attempts to determine possibilities of settlement – Increasingly becoming more like mediation – Could consist of tri-partite board

DISPUTE RESOLUTION METHODS (continued) • Mediation – Neutral third party – Voluntary – Variety of roles and functions • • Determine key issues Identify settlement zone Act as go-between Deal with media

DISPUTE RESOLUTION METHODS (continued) • Arbitration – Interest • Neutral establishes terms and conditions of new collective agreement • Normal method of resolving contract disputes involving essential employees (police, fire) • Compulsory infrequently used in private sector • Governments reluctant to use arbitration for fear arbitrator will impose high costs

DISPUTE RESOLUTION METHODS (continued) • Arbitration (continued) – Interest (continued) • Conventional--arbitrator given latitude to shape final award • Final-offer--arbitrator picks between final position of each party – Rights or grievance • Neutral determines interpretation of collective agreement language

DISPUTE RESOLUTION METHODS (continued) • Mediation-arbitration (med-arb) – Hybrid – Neutral functions first as mediator – If no settlement within set period of time, neutral functions as arbitrator – Probably works best where neutral has worked with parties and knows them well

DISPUTE RESOLUTION METHODS (continued) • Fact-finding – – Neutral gathers information and facts Usually involves presentations by parties Prepares report with recommendations Recommendations never binding • Back-to-work legislation – Issued to end public sector strikes – Done when government feels risk to public health, safety, order or welfare

FUTURE OF STRIKE ACTIVITY • On the rise • Primarily in public sector due to previous wage freezes • Collective bargaining process less able to defuse conflict • Dispute resolutions methods not enough • May need fundamental re-thinking, particularly in public sector