Exam 10: Labour Relations and Collective Bargaining

What does good-faith bargaining require the employer to do?

Whose major responsibilities include negotiating and administering the labour agreement and working to resolve problems arising in connection with it?

If after hearing an arbitration case,the arbitrator agrees that the employee is guilty of the infraction,the arbitrator cannot change the penalty imposed by management on the griever.

Where is the majority of power within the Canadian labour movement concentrated?

The labour relations board is a department within Human Resources Development Canada.

What is the neutral third-party role that decides what the settlement shall be when the parties are at a deadlock?

Employee associations may function in the same way as unions,being just as aggressive in organizing and representing their members.

Scenario 10.1: Big Business,Big Union A union drive at the Weyburn,Saskatchewan Walmart,by the United Food and Commercial Workers (UFCW),has been involved in lengthy court battles resulting from continuing unresolved matters between these two organizations for a decade.The UFCW,one of Canada's largest unions,first applied to the Saskatchewan Labour Relations Board (SLRB)to represent the Weyburn Saskatchewan Walmart workers in 2004.The union was certified in 2008,but it was overturned in court.Then in 2010,the Court of Appeal upheld the earlier decision.In December 2010,a de-certification vote by the Walmart employees was held,which is now at the Court of Appeal to see if the votes will be counted.While the union has been certified,it has yet to achieve a first collective agreement.Recently the Walmart store in Weyburn,Saskatchewan,has been found guilty of unfair labour practices by the SLRB and has been charged with interfering with the union's efforts to communicate with the workers. -Please refer to Scenario 10.1.Contrary to popular belief,most organizing campaigns are begun by employees.Who began the organizing campaign at the Weyburn Walmart store?

When comparing the president of a national union with the president of a local union,who should feel more secure in his elected position?

One criticism of the arbitration process is that it is slow and costly.

If the ability of the employer to continue operations during a strike is great,how likely is it that the union will finally win on its strike issues?

The typical organizing campaign follows a series of progressive steps that can lead to employee representation.One of those steps is bargaining negotiation.

Why is a strike authorization vote usually undertaken?

The foundation for an arbitrator's decision is the wording in the collective agreement and the rights it establishes for each party.

Unionization restricts the freedom of management to formulate HR policy and can challenge the authority of supervisors.

One reason why a union will advance a weak grievance to arbitration is because a member can bring suit against them for failing to adequately represent their grievance.

There is no requirement that the parties actually sign the written document if they come to an agreement;they simply must come to an agreement.

Most of Canada's unionized workforce is under federal labour relations jurisdiction.

Explain the steps that make up a grievance procedure in a typical collective agreement.

Employees will join a union if they perceive inequity in pay and benefits,experience dissatisfaction with supervisors and managers,and feel that their needs for status and recognition are frustrated.