The Union-Management

FrameworkChapter 13
Krista Uggerslev, NAIT

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 Learning Objectives
1. Discuss the major reasons why workers join unions.
2. Describe the structure of Canadian unions.
3. Summarize the core legal principles relating to collective bargaining.
4. Explain how a union organizing campaign is carried out.
5. Outline the key steps in negotiating a union contract.
6. List common techniques to resolve disputes.
7. Describe how unions affect the human resource management
environment.
8. Suggest ways to build union–management cooperation.

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 Union Defined
A union is an organization with the legal authority to
represent workers, negotiate the terms and conditions
of employment with the employer, and administer the
collective agreement
.

Unions do not just happen—caused by management

action or inaction that workers perceive as unfair

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 Collective Agreement
Contract negotiated between the union and employer
outlining terms and conditions of employment
.

Addresses a variety of issues (e.g., wages and benefits, hours

of work, working conditions, grievance procedures)
Places restrictions on management’s rights in managing
the workplace

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 Causes of Unions
Union Push Explanation
.

Some employees are pushed or forced into joining a

union because of employer treatment of the workforce,
peer pressure by coworkers to join a union, or collective
agreement provisions requiring employees to join if they
want the job in question
Union Pull Explanation
.

Employees are pulled into the union because of the

benefits of union representation (such as higher wages,
greater benefits, job security, and grievance
representation)

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Why Employees Seek Union Representation
Reasons for Joining
Job dissatisfaction
Individual attitudes
toward unions
Perceived union
instrumentality
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Reasons for NOT Joining
Belief that union
membership may harm
chances for promotion
Viewed as having another
“boss”
Extra costs (dues)
Employer policies and
treatment are fair
 Canadian’s Views Toward Unions
Among current union members, 71% would
prefer to be unionized and 46% of formerly
unionized workers would prefer to be unionized
Only 19% of non-union employees reported
being interested in being unionized

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 Union Goals and Philosophy
Business Unionism Social (Reform) Unionism

Practice of unions Seeking to further

seeking to improve members’ interests
wages, hours, and by influencing
working conditions in social, economic,
a businesslike and legal policies of
manner governments

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 Union Structure and Function
Local Unions Craft Unions

Provide the • Composed of

members, the workers who possess
revenue, and the the same skills or trade
power of the union (e.g. carpenters)
movement

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 Union Structure and Function
Cont’d

Industrial Unions National and

International Unions
• Include the Many local unions
unskilled and semi- are part of a larger
skilled workers at a national or
particular location international union

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 Canadian Labour Congress
(CLC)
Represents many unions in Canada (about 3.3 million
members)
Five main functions:
.

representing Canada at the International Labour

Organization
influencing public policy at the federal level
enforcing the code of ethics set out in its constitution
providing services (such as research and education) for its
member unions
resolving jurisdictional disputes among its member
unions

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 Trends in Union Membership
Union Growth and Decline
.

31.3% of the non-agricultural paid workforce (4.77

million workers) belonged to unions in 2020
More than 50% of union members are female
Unions are organizing service employees
Part-time employees less likely to be unionized
Larger workplaces more likely to be unionized

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Impact of Union Representation

Strikes • Most collective agreements

are settled without a strike or
lockout

Wages & • Higher

wages
benefits More comprehensive benefits

• Relationship between
Productivity unionization and productivity is
subject to debate

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 Canadian Labour Legislation
Right to join
a union

Conciliation Good faith

Common Core bargaining
of Labour
Legislation

Prohibition of No strikes or
unfair labour lockouts during
practices agreement

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 Labour Relations Boards
Boards set up in the federal and provincial jurisdictions
to administer labour relations legislation
Investigate violation of the law and have the power
to investigate and make decisions
.

e.g., enforce unfair labour practice

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 Union Organizing
A union exists only when workers create it
During regular working hours, employees are not
allowed to discuss unionization with co-workers
Other techniques are used to encourage workers to
sign authorization cards including handbills,
speeches, conversations, and home visits
A union is typically certified either on the basis of card
signatures or as a result of an election

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 Signs of Union Organizing
Prior to union organizing campaigns, there are often
signs of employee interest:
.

Turnover and absenteeism rates are higher than

industry/community norms
Employee satisfaction surveys show that employees are
dissatisfied
Pay and benefits are below average
Ineffective procedures for resolving employee complaints

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 Unfair Labour Practices
Unio
Management
Interfering in the Trying ton
bargain when the
formation of a union union is not the certified
Financial contribution agent
Discriminating based on Persuading employees
union membership during working hours, or at
Intimidating or coercing the workplace to join or not
an employee to join or join
not join Illegal strikes
Failing to represent
employees fairly

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 Obtaining Bargaining Rights
Legal recognition or bargaining rights may be
obtained in three ways:
1.

1. Voluntary recognition
2. Through certification by a labour relations board
3. A prehearing vote or automatic certification
resulting from unfair labour practice.

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Negotiating a Collective Agreement

Phase 1 Phase 2 Phase 3

Preparing Negotiating Approving the

for with the union proposed
negotiations agreement

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 Preparing for Negotiations
The purpose of negotiations is to achieve a
collective agreement
Management Rights:
.

Residual rights theory of management

Management rights clause

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 Mutual Gains Bargaining
Moves away from traditional adversarial approach
Win-win approach – joint problem solving
Usually preceded by training in conflict resolution
Requires both parties to have commitment, trust,
respect, and a long-term focus

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 Conciliation and Mediation
All jurisdictions provide for conciliation and mediation
services when labour and management negotiations
break down
Conciliation
.

Uses a government-appointed third party to bring

together the parties
Mediation
.

Disputing parties choose voluntarily to reconcile their

differences through a third-party
Both parties have to give up their rights

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 Administering the Agreement
Grievance
.

Complaint by an employee or employer that some aspect

of a collective agreement has been violated
Grievance procedures
.

Most collective agreements include formal multi-step

procedures to resolve grievances
Arbitration
.

Used as a provision for final settlement

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 Contract Provisions
Union Shop
.

All workers must join the union in specified time

Dues Check-off/Rand Formula
.

Employer must deduct union dues from employees’ wages and

remit funds to the union
Seniority
.

Used for determining order of promotions, etc.

Discipline
.

Employer must have “just cause” to dismiss

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 Public Sector Bargaining
Public Service Staff Relations Act (PSSRA)
.

Provides federal public servants with the right to either

opt for compulsory arbitration or strike.
Another difference from the private sector is that
the law allows the employer to designate certain
employees as performing essential services, thus
divesting them of the right to strike.

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 Human Resource Practices in the Union
Environment
The four dominant activities labour relations professionals:
1.

1. Conflict resolution management

2. Coaching with regard to labour relations best practices
3. Administration of the collective agreement
4. Grievance settlement
A key issue for human resource management practitioners
involves obtaining union involvement in managing change

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 Implications of Union Avoidance
Union Suppression
.

Fighting union representation

Employer may try to intimidate workers, threaten closing
or moving the plant or facility
Union Substitution
.

Examines what unions bring to the employment

relationship and tries to introduce these features
Advocated by many HR practitioners, consultants, and
labour lawyers

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 Features of Union Substitution

Pay/benefits Design Maximize

are parallel satisfying jobs opportunities

Employee Union Select

“voice” qualified
Substitution workers

Evaluate Establish fair

based Train workers
& managers standards
on
performance

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 Managing in a Union Environment
Unions impact the HR function:
.

HR department may be expanded to add labour

relations specialists
Greater centralization of employee record-
keeping and discipline—for uniformity
Management has less freedom to make
unilateral changes

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 Labour-Management Cooperation
Increasing acceptance that labour and management
must cooperate
Cooperative methods include:
.

Prior consultation with union leaders

Sincere concern for employee welfare
Training programs
Joint study committees to find solutions
Third parties who provide guidance and programs

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 The Union-Management

13 Framework Summary
After mastering this chapter content, you should be able to:
1. Discuss the major reasons why workers join unions.
2. Describe the structure of Canadian unions.
3. Summarize the core legal principles relating to collective bargaining.
4. Explain how a union organizing campaign is carried out.
5. Outline the key steps in negotiating a union contract.
6. List common techniques to resolve disputes.
7. Describe how unions affect the human resource management environment.
8. Suggest ways to build union–management cooperation.

© 2022 McGraw-Hill Ryerson Ltd.