Labour Relations


Unions in Canada

  • Prevalence: 30% of all Canadian employees are unionized; higher rates in the public sector (71%) compared to private sector (16%).

  • Key Functions: Unions are vital, particularly in public sectors, focusing on daily management of collective agreements rather than just strikes or certification.

Government Regulation of Labour Relations

  • Key Legislation:

    • The Industrial Relations Disputes and Investigation Act (1948)

    • Canada Labour Code

    • Canada Industrial Relations Board (CIRB): Established to enforce the Canada Labour Code.

  • CIRB Functions: Monitor industrial relations, promote harmony in federally regulated organizations.

Labour Relations Board

  • Each province has its own Labour Relations Board which administers provincial labour law.

The Labour Relations Process

  • Steps:

    1. Workers desire collective representation.

    2. Union begins organizing campaign.

    3. Negotiation leads to a contract.

    4. Contract administered.

Reasons for Unionization

  • Economic Needs: Higher pay, better working conditions.

  • Social Concerns: Dissatisfaction with management, desire for equality.

  • Millennial Trends: Increased approval of unions (66%), focus on equality and transparency.

  • Union Shop: Requires union membership as a condition of employment.

Organizing Steps

  1. Contact by employees and union.

  2. Initial organizational meeting.

  3. In-house organizing committee formed.

  4. Application to Labour Relations Board.

  5. Election of bargaining committee.

  6. Contract negotiations.

Employer and Union Tactics

  • Employer Must:

    • Emphasize current advantages (wages, benefits) but not promise improvements.

    • Not interfere with certification process or threaten employees.

  • Union Must:

    • Not intimidate for membership.

    • Represent all in the bargaining unit.

Union Certification

  • Union certification procedures vary by jurisdiction; require documentation to Labour Relations Board.

Contract Negotiation

  • Collective agreements last 1-3 years.

  • Notifications required prior to negotiations for renewal.

Decertification

  • Can occur if majority of employees no longer want union representation or if the union fails to bargain.

Impact of Unionization on Management

  • Challenges: Subcontracting work, labor standards, and loss of supervisory authority in management decisions.

Structures of Labour Unions

  • Types:

    • Craft Unions: Skilled craft workers (e.g., United Brotherhood of Carpenters).

    • Industrial Unions: All industry workers, skilled or unskilled (e.g., Unifor).

    • Employee Associations: Professional and white-collar groups (e.g., Alberta Teachers’ Association).

The Canadian Labour Congress (CLC)

  • Represents over two-thirds of unionized Canadian workers, seeks to influence labor-related legislation and programs.

International and National Unions

  • Approx. 40 international and 196 national unions in Canada.

  • Decision-making varies: international unions exert top-down control, while national unions are more bottom-up.

Local Unions

  • Can form independently, seeking help from national unions when needed.

Union Representation

  • Shop Steward: Represents interests in management relations (non-paid).

  • Business Agent: Negotiates agreements and resolves member issues (paid).

Public Sector Labour Relations

  • 70% of public employees are unionized; CUPE is the largest union.

  • Political Nature: Differences in governmental vs. business labor relations, manifestation during strikes.

Strikes in the Public Sector

  • Strikes are mostly prohibited but allowed for certain groups.

  • Arbitration Methods: Include binding arbitration and final offer arbitration to resolve deadlocks.

The Collective Bargaining Process

  • Steps: Preparation, developing strategies, negotiations, and resolving proposals.

  • Conflict may arise leading to strikes or lockouts if deadlocked.

Interest-Based Bargaining (IBB)

  • A collaborative approach aimed at developing positive long-term relationships between labor and management.

Collective Agreement and Management Rights

  • Management retains authority except where limited by the agreement.

  • Union Security Agreements: Require mandatory membership to ensure fair contribution from all members.

Grievance Procedures and Arbitration

  • Formal procedures enable unions to represent grievances.

  • Arbitration awards are binding and structured.

  • Activities can range from case studies to exploring student unions' roles.