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Human Resource Management
Session 11
LO3: Employment Relations and Legislations
Trade Unions and Workplace
Representations
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Session Objectives
By the end of the session students should be able to :
Understand the roles of trade unions.
Understand the process of collective bargaining
Understand grievance and disciplinary procedures.
What is a Trade union
A trade union is an organized group of workers. Its main goal is to protect and
advance the interests of its members.
Trade unions aim to represent the interest of people at work and negotiate
with employers or management for better terms and conditions for their
members.
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Definition of Trade Union
“Trade Union” means any combinations whether temporary or permeant,
formed primarily for the purpose of regulating the relations between workers
and employers or management or between workers and workers or between
employers and employers.
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What Trade Unions Do
Negotiation: where union representatives discuss with management issues
which affect people work in an organizations. The unions find out the
members views and relay these views to management. There may be a
difference of opinion between management and union members. Negotiation
is about finding the solutions to these differences. This process is also known
as collective bargaining.
Representations: trade unions also represent individual members when they
have problem at work. If an employee feels he/she is being unfairly treated
he/she can ask the union to help sort out the difficulty with the employer.
Member Service: trade unions have a range of services offered to their
members. They include
Education and training.
Welfare benefits- provide financial helps to their members when they are sick
or unemployed.
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Collective Agreement
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LABOUR LAW DEFINED
Broad
All areas of law concerned with the employment relationship
Narrow
Collective Bargaining
Trade unions
The system of rules that governs collective relations amongst management, trade
unions, their members, and the institutions involved in such relations
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COLLECTIVE BARGAINING
Collective bargaining
The process whereby an employer and a trade union seek to negotiate a collective
agreement
Done through legislation
Employees choose an agent (union) through which negotiations take place
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LABOUR RELATIONS
Labour relations board – a body that administers labour
relations legislation
Trade union – an organization chosen by the employees to
regulate the relations between the employer and the
collective of employees
Collective bargaining – a mechanism by which parties
enter a collective agreement or contract
Collective agreement – the employment agreement
reached between the union and employer setting out the
bargaining unit employees’ terms and conditions of
employment
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BARGAINING UNIT
Bargaining Agent – one per bargaining unit
Given exclusive authority to negotiate with employer
Any contract negotiated is binding on all employees within the unit
Voluntary recognition
Employer agrees to recognize a trade union as the bargaining
agent for its employees
Often challenged by employees who do not want to be represented
by the recognized bargaining agent
Membership drive
A union attempts to persuade a majority of employees in an
appropriate bargaining unit to become union members
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BARGAINING UNIT
Only “employees” entitled to bargain collectively
Excluded groups
Professionals employed in professional capacity
Management employees
Employees employed in confidential capacity
Essential services – most states have legislation dealing with such services
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THE NEGOTIATION PROCESS
Union negotiates on behalf of its members with the goal of reaching a
collective agreement
Collective Agreements
Each party can give notice to commence bargaining
Parties must make reasonable efforts to reach an agreement
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NEGOTIATION PROCESS
Duty to Bargain in Good Faith
Both parties must make reasonable efforts to negotiate an agreement
includes the duty to
Meet with the other party
Engage in full and informed discussion
Supply information
Complete negotiations
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COLLECTIVE AGREEMENTS
Collective Agreements
Must be in writing
Set forth the terms and conditions of employment
Be ratified by both parties
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DISPUTE SETTLEMENT
Types of disputes
Recognition disputes – between union and employers during organizational process
Recognized as bargaining unit/agent
Interest dispute – dispute about terms of the collective agreement
Rights dispute – disagreement over meaning or interpretation of a provision in
collective agreement
Jurisdictional dispute – between 2 unions as to who should represent a group or do
a particular job
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DISPUTE SETTLEMENT
Collective agreement provides a process for settling disputes
Grievance
Mediation
Arbitration
Grievance process – a procedure for resolving disputes within a collective
agreement
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Grievance procedure
| | By law employers must set out a grievance procedure and share it in writing with all employees. It includes: * who the employee should contact about a grievance *how to contact this person. It should also: |
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say that if the problem can’t be resolved informally, there will be a meeting with
the employee, called a grievance hearing
set out time limits for each stage of the process
identify who to contact if the normal contact person is involved in the grievance
explain how to appeal a grievance decision
state that employees can be accompanied in any meetings by a colleague or union
representative
outline what happens if a grievance is raised during disciplinary action
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MEDIATION
Intervention by a third party to help facilitate an agreement
Conciliation or mediation may be mandated by legislation
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ARBITRATION
Arbitration – a method for settling disputes and grievances arising out of the
agreement
Mandatory in rights disputes
Decisions of arbitrator’s are binding on parties
The final step in the grievance process – usually third party binding arbitration
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CONFLICT
Parties fail to reach a collective agreement or a collective agreement has
expired
One or both parties may resort to various actions
Types of Actions
Strike
Lockout
Picketing
Secondary Picketing
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STRIKES
Strike – a cessation of work or a withdrawal of services by
a group of employees
Purpose is to compel employer to a certain conditions of
employment
A concerted activity with a common purpose which limits or
restricts some industrial activity
Only allowed if not otherwise prohibited by law
Called by the union
Strike not allowed when a collective agreement is in place
Illegal strike otherwise
“Wildcat” Strike – spontaneous walkout by employees
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LOCKOUT
Refusal of employee enter to the workplace by an employer when collective
bargaining with the employees fails to produce a collective agreement
Action by employer to prevent employees from working
Purpose is to compel employees to accept certain conditions of employment
Only allowed if not otherwise prohibited at law
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UNION-MEMBER RELATIONSHIP
An unincorporated entity
No existence separate from its members
Relationship with members is contractual
Rights of members governed by contract
Collective-Bargaining legislation
Limitations on rights of trade unions to refuse membership or to expel members
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UNION-MEMBER RELATIONSHIP
Unjustified Grounds
Race, creed, colour, sex, nationality, place of origin, other discriminatory factors
Members must adhere to rules and obligations set out in organization’s
constitution
Failure to do so may result in expulsion
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DISCIPLINE AND DISCHARGE
Arbitrator in assessing whether the penalty is appropriate will consider
The record and service of the employee
Provocation
Any special economic hardship imposed on the employee by the penalty
The seriousness of the offence
Premeditation
Uniform enforcement of policies and rules
Circumstances negating intent
Condonation