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Labour Law. Bargaining and Employment. Individual Bargaining. Many workers enter into individual contracts with their employer Each side negotiates to reach a fair compensation package and the terms of the agreement last until the contract ends Such contracts are often standardized
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Individual Bargaining • Many workers enter into individual contracts with their employer • Each side negotiates to reach a fair compensation package and the terms of the agreement last until the contract ends • Such contracts are often standardized • Federal and provincial employment legislation and contract law apply here • For less skilled workers this can be a disadvantage
Bargaining Through an Agent • Famous sports figures, media personalities, musicians and actors are often too busy to negotiate contracts • They can also afford to hire skilled negotiators • Most employees will never use an agent • As more people who work in industries are hired on a contract basis agents may become more widespread
Bargaining Collectively • A group of workers may chose to elect a representative or association to bargain with an employer on their behalf- known as collective bargaining • Unionized collective bargaining is the process by which a union represents employees in relation with their employer • Don’t need to be unionized to have collective bargaining
Federal Legislation • Trade Unions Act: 1872, made it legal for workers in Canada to organize and form unions, under defined conditions • Industrial Disputes Investigations Act:1907, response to widespread strikes, created a conciliation board that would act as a neutral third party
Labour Milestones • Winnipeg General Strike: 1919 • 1000’s of workers brought the city to a halt by walking off the job over their right to bargain collectively for fair wages • Before it was over 2 people were killed and 100’s of protestors were injured • Some concessions were made: union recognition, 8 hour work day
Old Age Pensions Act: 1927, allowed workers to retire with a small measure of financial security • Unemployment Insurance Act: 1941, financial support to laid off workers • Canada Labour Code: 1967, consolidated all of Canada’s Labour Laws
Provincial Legislation • Covers everything from workplace safety and minimum wages to compensation for work-related illness and injury • Employment Standards Act: each province has their own • Lays out the basic rights and responsibilities of employees and employers and establishes minimum workplace standards
Labour boards and Tribunals • Workplace disputes can be solved outside the court system • Created specialized boards that would be expert in labour relations, less intimidating to workers, and less costly and time consuming • Their job is to determine if rights have been denied and to find a remedy
Seatwork • Shifting Perspectives: Child Labour pg. 373 • Questions pg. 375 # 7
Why Join a Union? • For many it is so the union can negotiate for them in such things as a living wage, increased equity in the workplace, etc. • Through a union, workers may gain more influence • Many also provide a wide range of services
Union Structure • Union local: • includes a number of union reps who deal with local grievances & health and safety issues, also inform members on issues • May be quite autonomous with own rules and structure • Some can be completely independent but for the most part they are part of a larger union
Types of Unionized Workplace • Three types • Closed shop: employer agrees to hire only workers who are already members of a specific union (e.g. certain trade unions) • Union shop: more common, employees must join the union after being hired (e.g. public school teachers) • Agency shop: employees don’t have to join the union, but they must still pay union dues
Certification Process • Organizers must collect evidence that a majority of workers support the union and submit it to the provincial labour relations board • If it wins a majority vote then the union becomes certified
Legal Protection During Organizing • Labour boards protect the right of employees to organize and forbid activities that would interfere with an open, democratic process during a union drive • During the certification process management must not alter the conditions of work to influence workers’ decisions
The Bargaining Unit • Particular group of workers the union is expected to represent • E.g. plant workers • In a large workplace there may be different unions to represent different bargaining units
Decertification • If members are dissatisfied they can take action to remove it • A majority of union members must vote to remove it • Generally overseen by the labour board
Seatwork • Pg. 378 Q. # 2, 4, 8 • Case Study: Lavigne v. Ontario Public Service Employees Union pg. 378 • Pg. 380 Q. # 4
Collective Bargaining • Once a bargaining unit has been established and the union certified, unions reps are expected to come to a collective agreement • An contract that sets out the terms and conditions of employment between the employees and employer • Union members usually make a list of demands, then give management then notice of intent • The union must bring any negotiations back to the members for ratification
Alternative Dispute Resolutions • Mediation: neutral third party provides both sides with info and suggests a possible compromise • Binding Arbitration: both sides must find the arbitrator acceptable, it’s binding • Final Offer Selection: form of B.A., both parties present their bottom lines and the arbitrator picks one
Strikes and Lockouts • Strike: employees withdraw their labour to back up their contract demands • Lockout: management locks workers out of their workplace • Work-to-rule: workers follow the terms of the existing contract to the letter and do absolutely nothing more
The Collective Agreement • Key factor shaping work and the workplace • Functions in the same way as any other agreement, terms and conditions must be clearly defined • Union reps and business managers spend a lot of time making sure the other side lives up to it • Labour arbitrators settle grievances according to the agreement
