1103_Collective Bargaining_1_webct

1103_Collective Bargaining_1_webct - Collective Bargaining...

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Unformatted text preview: Collective Bargaining I COMM392: Managing Employment Relationship 103/104 Fall 2009 Yoshio Yanadori Announcements Midterm exam will be returned on November 10th Collective Bargaining Exercise November 13th(Fri.), 6:30 9:30 pm DL Library research presentation on Thursday Teach how to find relevant information Team assignment and case on WebCT It is your responsibility to contact your team members Email via WebCT Discussion board and chat room for each team on WebCT Final exam December 16th(Wed.), 12:00 2:30 pm Collective Bargaining and Collective Agreement Collective bargaining Determination of terms and conditions of employment through negotiations between employers and employee representatives (i.e., union) Outcome Collective agreement Wage and benefits issues in bargaining Other issues Collective agreement Terms and conditions of employment that apply equally to all employees Regulate many aspects of the daytosay relationships between workers, unions, and employers Typical Negotiation Process (Figure 13.1 (Page 403) modified) Notice to bargain Bargaining teams selected Preparation of demands Meetings Conciliation/mediation Agreement Ratification vote by union members Agreement rejected Arbitration Strike/Lockout Impasse Agreement ratified Collective Agreement Terms (Figure 12.1, page 355) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Recognition Grievance and arbitration process Bargaining unit work Strikes and lockouts Duration or term of agreement Union security Management rights Contracting out Discipline and discharge procedure Discrimination Seniority 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Health and safety Wages Holidays Vacations Benefits Hours of work and scheduling Overtime Technological change Leave Union business Mandatory Terms and Voluntary Terms Mandatory terms Must be included because they are required by legislation (i.e., Labor Relations Code) 1. Minimum of one year period 2. Prohibition against strikes & lockouts during the term of agreement 3. Provision for arbitration of dispute Voluntary terms Parties agree to include these provisions but they are not required by legislation Commonly found voluntary terms: Wage, benefits, working hours and scheduling, contracting out Samples of all common terms are in textbook, or go to (http://www.lrb.bc.ca/) for http://www.lrb.bc.ca/) terms existing collective agreements in BC Mandatory Terms Duration of term of the agreement At least one year Employers prefer longer terms Unions prefer shorter terms Strikes and lockouts Strikes and lockouts are prohibited during the term of the collective agreement in Canada Grievance and arbitration procedure Next topic: "Discipline and Fairness in the Workplace" CB Exercise (November 13): Six Issues To Be Negotiated 1. 2. 3. 4. 5. 6. Length of the agreement General wage adjustment (wage increases) Benefits payment Paid Holidays Seniority Contracting out Opening positions already provided No need to negotiate other issues No need to include other terms in agreement (e.g., no strike/lockout clause, grievance) CB Exercise: Four Deliverables 1. Bargaining strategy document (4 points) 2. Contract (agreement) (5 points) Due on November 13th at 6:15pm (before negotiation) HA565 (Yoshio) Due on November 13th at 9:30pm HA565 (Yoshio) Due on November 24th at 4:00pm HA562 (Nancy Tang) Due on November 24th at 4:00pm Attach to the written analysis 3. A written analysis of the process (8 points) 4. Cost calculation (3 points) Deadlines November 13th (Fri.) BSD handed in to me at 6:15pm before you start bargaining Room & opposing team announced (also on WebCT at 615pm) Buchanan Submit one hard copy of the collective agreement to me signed by both parties by 9:30pm Please submit typed document November 24th (Tue.) Written assignment and costing are due in HA562 (Nancy Tang) by 4pm Peer evaluation for each team member Seniority Provision The seniority principle Union support for objectivity and fairness Note that senior is not same as "oldest" Varieties apply to different issues (e.g., layoffs vs. promotions) Involve varying balancing of seniority and performance measures Only applies to the terms of employment specified in the collective agreement Seniority vs. Ability Straight seniority Applied to benefits (i.e., vacation days, sick leave) Sometimes layoffs Sufficient ability "In the event of a layoff, the employer must lay off in the reverse order of seniority." Senior person with minimal qualifications wins promotion Relative ability or competitive ability "(After layoff,) employees will be recalled in order of seniority provided that they have the skill and ability to do the job required." Person with best skills and ability wins, seniority breaks ties only "(To fill job vacancies,) the employer will consider the skill, ability, and seniority of the applicants. Where skill and ability are equal, the employer will select the employee with the most seniority." * Bumping: Replacing an incumbent with an employee with more seniority and would otherwise be laid off Contracting Out Arranges for another firm to do work that could be done by the employ's own employees Any restriction? What kind of restriction? Whose job may/may not be contracted out? When can employers can contract out? Notice period/severance pay? * Wide variation look at actual examples of contracting out clause (textbook also has 4 examples (p. 369)) Film: Inside Look at CB (40 min.) Old US film 1978 Important to focus on bargaining process, how a "caucus" works, how a "deal" is made, and etc. Case of character The scene Management team: LR specialist, front line supervisor, plant manager Union team: Local president, member of the local bargaining committee Final attempt for parties to reach a collective agreement before a strike deadline The collective agreement will cover one plant in a large corporation November 5 Class: Collective Bargaining II David Lam research presentation November 10 Class: Collective Bargaining III Return midterm November 12 No class: Team preparation for CB exercise November 13 Bargaining exercise November 17 Class: Debrief and Collective Bargaining IV November 19 No class: Team preparation for written analysis and cost calculation November 24 Guest speaker Written analysis and cost calculation due Schedule ...
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