1. Explain what is certification?
Certification is the process whereby the Labour and Employment Board designates a trade union as the sole and exclusive bargaining agent for a group of employees, referred to as a bargaining unit, following proof that the bargaining agent has majority support among the employees in the bargaining unit.
2. Tell us can amendments be made to a collective agreement?
Yes, revisions of any provision in the agreement, other than a provision relating to the term of the agreement's operation, may be made at any time with mutual consent of the parties.
3. Tell me what is voluntary recognition?
Voluntary recognition is where a trade union acquires the status of exclusive bargaining agent for a group of employees in a defined bargaining unit because an employer voluntarily agrees to recognize it as such.
4. Tell me how do unions get bargaining rights?
There are two methods of gaining bargaining rights. The first is certification and the second is voluntary recognition.
5. Explain what is interest arbitration?
Referred to as "Collective Agreement" arbitration it occurs where the parties cannot agree to the terms and conditions of a proposed collective agreement. Interest arbitration may be voluntary or compulsory. (In New Brunswick, it is compulsory for firefighters and police officers, voluntary for all other groups of employees).
6. Tell me what do you mean by Industrial dispute?
Industrial dispute can be defined as conflict between management and workers regarding payments or conditions related to work.
7. Explain what is rights arbitration?
Referred to as "Grievance" arbitration it occurs where a difference arises between the parties relative to the interpretation, application or to the administration a collective agreement.
8. Suppose what if no agreement is reached during the conciliation process?
If no agreement can be reached by the parties, they may agree to submit their differences to binding arbitration (firefighters and police officers must proceed in this fashion) or they may, after 9 days from the date the conciliation board report is filed, engage in a strike or lock-out.
9. Explain Indian labour market?
Indian labour market can be mainly classified into 3 categories:
i.) Rural workers
ii.) Organized
iii.) Unorganized
10. Tell us can there be a strike or lock-out during the term of the collective agreement?
No, there can be no strike or lock-out during the term of a collective agreement.
11. Explain what is a lock-out?
A lock-out is the closing of a place of employment, a suspension of work, or a refusal by an employer to continue to employ a number of its employees, for the purpose of compelling bargaining unit employees to agree to terms or conditions of employment.
12. What are Substantive agreements?
This kind of an agreement deals with specific issues like basic pay, leave policy, bonus payment etc.
13. Explain who selects the arbitrator or members of an arbitration board?
An arbitrator is appointed by the parties on mutual agreement and, in the case of an arbitration board, each party appoints one person to be a member of the board. These two members appoint a third to be chairperson. If these appointments are not made, the Minister Post-Secondary Education, Training and Labour upon the request of either party, may make such appointments.
14. What are Procedural agreements?
They usually deal with the relationship between employees and employers to resolve individual and group issues. These are usually filed in the company's rule book.
15. Tell me which major factors motivate employees to join trade union?
The major factors which motivate the employees to join trade union are:
i.) Increase in bargaining power
ii.) Lesser discrimination
iii.) Higher sense of security and belongingness
iv.) Stage for self expression
v.) Ability to participate in management activities giving a sense of involvement
16. What is Distributive bargaining?
Also termed as conjunctive bargaining, this form of bargaining aims at re-distribution of benefits between the management and the group of workers. In this form of bargaining, one group gains while the other looses something.
17. Explain who can participate in collective bargaining?
Every employee (except managers; superintendents; and persons who in the opinion of the Labour and Employment Board are employed in a confidential capacity in matters relating to labour relations or who exercise management functions) has the right to be a member of a trade union and to participate in the union's lawful activities, including collective bargaining.
18. Explain the three levels at which collective bargaining works?
The three levels at which collective bargaining works are:
i.) National level
ii.) Sector/ Industry level
iii.) Company level
19. Tell me who pays for arbitration?
Each of the parties pay one-half the remuneration and expenses of an arbitrator and, in the case of an arbitration board, each party pays for the person they appointed and one-half of the Chairperson's remuneration and expenses.
20. What is Attitudinal restructuring?
This type of bargaining mainly aims at developing a change in the attitude of the management and the employees. The purpose is to reduce the bitterness and develop a congenial atmosphere.
21. Tell me when is a strike or lock-out illegal?
A strike or lock-out is illegal while a collective agreement is in operation.
22. Explain what is marxist perspective of IR system?
☛ The focus of Marxist perspective of IR system is on fundamental division of interest between capital and labour.
☛ It assumes that the conflict at work place is a reflection of conflict in the society.
☛ Trade unions are deemed as a natural response from workers to protect themselves against exploitation.
23. Tell us when can a union apply for certification?
Where no collective agreement is in force and no trade union is certified under the Act, an application for certification may be made at any time before the Labour and Employment Board.
24. Explain what is expedited arbitration?
It is an option open to parties to a grievance that allows the grievance to be settled by an arbitrator within a set time limit. You can request expedited arbitration after you have exhausted the grievance procedure under your collective agreement or, 30 days have elapsed since the grievance was first brought to the attention of the other party, whichever comes first.
25. Explain and Classify the functions performed by trade unions?
The functions performed by trade unions can be classified into two groups:
i.) Militant Functions
ii.) Fraternal Functions
☛ Militant functions:
These activities include strike, lock outs, gherao etc which means putting up a fight with the management. Hence, they are called militant functions. They are carried out for following purposes:
a.) Rise in wages
b.) Rise in the status of workers
c.) Protection against injustice
☛ Fraternal functions
These functions are carried out by the trade unions for the welfare of their employees which includes:
a.) Measures to boost up the workers' morale
b.) Foster self confidence
c.) Develop sincerity and discipline
d.) Protection to women workers against discrimination
26. Explain what are the characteristic features of collective bargaining?
The main features of collective bargaining are:
☛ It is a group process involving at least two parties.
☛ It is a process of negotiations through mutual discussions and compromise.
☛ It is a formal process in which employers and formal trade unions participate for discussions.
☛ It is a flexible process consisting of various steps.
☛ The process works on the basis of mutual trust and understanding between the two parties.
☛ It is a complementary process where each party has something to offer to each other.
☛ It is a constructive ongoing process.
27. Explain what power does the arbitrator or arbitration board have?
Arbitrators and arbitration boards have broad powers, including the power to summons witnesses before them; to hear evidence under oath; to receive and accept relevant evidence; and to correct any clerical mistake, error or oversight found in their award. They also have the power to enter any premises concerning the matter(s) in dispute for a site visit. A decision of an arbitrator or of an arbitration board is final and conclusive to the matter in dispute.
28. Explain must there be a strike or lock-out vote before a strike or lock-out can take place?
Yes, a strike or lock-out vote taken by secret ballot must precede any strike or lock-out action. All employees in the bargaining unit are entitled to vote, and a majority must vote in favour in order for the declaration of a strike or lock-out to be made. A lock-out vote is only necessary where an employers' organization is involved.
A vote to ratify the employer's offer under the proposed collective agreement and a strike vote may be combined together on a single ballot.
29. Explain what is the normal procedure to use expedited arbitration?
An application must be filed with the Minister of Post-Secondary Education, Training and Labour for expedited arbitration (application forms are available via the Industrial Relations Branch of the department) at (506) 453-2261. Within 28 days of receiving a request, an arbitrator will be appointed and conduct a hearing. If both parties agree, a mediator may be appointed to assist in settling the grievance before the hearing. If the grievance is not settled, the grievance will proceed to arbitration. If requested by the parties, the arbitrator will provide written reasons for the decision within 21 days of the end of the hearing. This decision is filed with the Minister.
30. Tell me can the employer file a grievance if the union is not complying with the agreement?
Yes, such grievances are handled in much the same way that employee or trade union grievances are handled.
31. What is collective bargaining?
Collective bargaining is the framework under which the negotiation of the collective agreement takes place. It is a process in which a trade union and an employer negotiate, in good faith, the rights and obligations of a first collective agreement or the renewal of a previous collective agreement. In this process, the parties usually focus on such issues as wages, working conditions, grievance procedures and fringe benefits.
32. What services do they provide to the members?
Trade unions provide following services to their members:
☛ They educate workers about their basic rights and train them with professional skills.
☛ They provide legal assistance to the worker when needed
☛ They offer financial loans on mortgages to their members
☛ They offer financial help to members when they are invalid or unemployed.
33. Explain what are the main objectives of industrial relations system?
The main objectives of an Industrial relations system are:
☛ To protect the interest of employees and employers by building up a congenial relationship.
☛ To avoid the human conflicts which can harm the business, the employees and the economic growth of the country.
☛ To increase the productivity.
☛ To improve the economic conditions of the workers
☛ To reduce the number of industrial disputes like strikes, lock outs etc.
34. Explain who can go on strike or be locked out?
All employees defined in a bargaining unit represented by a trade union may legally strike or be locked out by an employer, except those employed as firefighters and police officers who do not have the right to strike.
35. Explain how are grievances settled?
☛ a) Every collective agreement must contain a grievance procedure for settling disagreements without work stoppages with respect to the application, interpretation, and administration of the agreement. Where a collective agreement does not contain such a provision, the Industrial Relations Act deems such a procedure to be included in the agreement.
☛ b) The grievance mediation procedure is a voluntary process which can be an effective alternative to grievance arbitration. Grievance mediation does not interfere with the rights of the parties to have access to the grievance and arbitration processes. The parties to a collective agreement through the assistance of a grievance mediator, attempt to resolve a grievance through negotiations, therefore allowing the parties to control and shape settlements. If no agreement is reached, the grievance may still be referred to Arbitration. The only expense incurred by the parties in grievance mediation is the cost of the facilities, if necessary.
☛ c) Arbitration is a process by which a third party makes a settlement decision that is final and binding on the parties. The Arbitrator is not familiar with the negotiations that have taken place between the parties. All he or she knows, and all he or she can base the decision on is what the Arbitrator hears and sees at the Arbitration.
