CANADIAN HUMAN RESOURCE MANAGEMENT

The Union-

13
Management
Framework

Chapter
Thirteen

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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LO1 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 an employee to join if he
or she wants 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 Reasons for NOT Joining

• Job dissatisfaction • Belief that union

membership may harm
• Individual attitudes chances for promotion
toward unions • Viewed as having
• Perceived union another “boss”
instrumentality • Extra costs (dues)
• Employer policies and
treatment are fair

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Canadian’s Views Toward Unions

• Among current union members, 71 percent
would prefer to be unionized and 46 percent
of formerly unionized workers would prefer
to be unionized
• Only 1/5 of non-union employees reported
being interested in being unionized

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LO2
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 manner and legal policies of
governments

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Union Structure and Function

Local Unions Craft Unions

• Provide the members, •Composed of workers

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

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Union Structure and Function

National and
Industrial Unions International Unions

•Include the unskilled • Many local unions are

and semi-skilled part of a larger
workers at a particular national or
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
– 30.4% of the non-agricultural paid workforce (4.5 million
workers) belonged to unions in 2017
– 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

• Mostcollective agreements
Strikes are settled without a strike or
lockout

Wages & • Higherwages

benefits • More comprehensive benefits

• Relationship between
Productivity unionization and productivity
is subject to debate

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LO3 Canadian Labour Legislation

Right to join
a union

Good faith
Conciliation
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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LO4
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

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

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Obtaining Bargaining Rights

• Legal recognition or bargaining rights may be
obtained in three ways:
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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LO5
Negotiating a Collective Agreement

Phase 1 Phase 2 Phase 3

Preparing Approving the

Negotiating
for proposed
with the union
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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LO6
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

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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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LO7
Human Resource Practices in the
Union Environment
• The four dominant activities labour relations professionals:
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 qualified

“voice” Substitution workers

Evaluate based
Train workers Establish fair
on performance standards
& managers

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LO8
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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13 The Union-Management 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.

© 2019 McGraw-Hill Ryerson Education Limited Schwind 12th Edition 13-32