HN2100Collective Agreement

AdministrationWith

Paul Tilley

Unit 3Collective Agreement

Administration - Part 1

Unit 3Collective Agreement Administration - Part 1

•After completing this unit, you should be able to:• Discuss the role of Arbitration in avoiding Industrial Conflict• Describe forms of Industrial Conflict• Outline the components of a strike• Outline the components of a lockout• Explain the essential elements of primary and secondary

picketing• Define boycotts

Overview of this Unit• Industrial conflict dominates the headlines with regards to collective

agreement administration, quite often bringing out the worst in all parties involved. This unit serves to provide technical definitions of terms related to strikes and lockouts, and develops an appreciation for the nuances involved in each definition.• The legal interpretation of secondary picketing has changed

substantially in recent years. This unit will examine a recent court decision and examine the impact that it has had on industrial conflict.

Arbitration in resolving Industrial ConflictArbitration• Arbitration is a form of dispute resolution by an independent third

party. In using Arbitration, union and management hand over their power to decide the dispute to the arbitrator.

Provision for First Contract Arbitration• First collective agreements are sometimes difficult to negotiate. • Many jurisdictions, including NL provide for the arbitration of

unresolved first contract disputes. • This function is performed by the Labour Relations Board. • The arbitrator’s decisions are binding on both parties

Forms of Industrial Conflict• When the union and management bargaining teams are unable to

reach an agreement, an "impasse" is said to have occured.• Industrial conflict, then, can take many forms. Examples include:• Strikes• Lockouts• Picketing• Boycotts

Forms of Industrial Conflict - Strikes• A Strike is defined as a a cessation of work, or refusal to work or to continue to work, by

employees, in combination or in concert or in accordance with a common understanding, or alternatively, a slow-down of work or other concerted activity on the part of employees in relation to their work that is designed to restrict or limit output. • Both forms of strike have the intended purpose to compel an employer to agree to

terms and conditions of employment."• The strike is the most obvious and widely practiced form of economic sanction used in

industrial relations. • While most labour negotiations in Canada are settled without a work stoppage, strikes

usually generate a great deal of media attention, quite often highlighting the worst in the parties involved.• All labour legislation in Canadian jurisdictions require that there be no strikes or

lockouts during the term of the collective agreement and usually requires that this be stated in the collective agreement

Forms of Industrial Conflict - Lockouts• A lockout occurs when the employer prohibits bargaining unit

employees from entering company premises, as a means to put pressure on the union negotiating team to agree to the terms and conditions being offered by management. (a reverse strike)• Lockouts are less common than strikes, as it is usually the union that

is looking for improvements and most employers are satisfied with the status quo.

Forms of Industrial Conflict - Picketing• When workers go on strike, they want to limit the

production capabilities of the company in order to force the employer back to the bargaining table with an offer that is more acceptable to the union. • Bargaining unit members often "picket" the employer. • Picketers stand at business entrances and exits, usually

carrying signs, publicizing the issues in dispute and discouraging people from entering or leaving the premises.

Forms of Industrial Conflict - Boycotts• Another economic weapon available to unions is a boycott, in which

unions appeal to the general public, its members and the employer's customers and clients, not to patronize the business involved in the labour dispute by way of advertisements, pamphlets, leaflets, and even videos. • This type of action can harm the employer if enough people support

the boycott. • It can also have serious long-term consequences for the employer if

customers and clients develop a bias and/or make a change in buying habits or service providers that is not reversed after the dispute.