strikes & dispute resolution chapter 9 © 2012 nelson education ltd

Strikes & Dispute Resolution

Chapter 9

© 2012 Nelson Education Ltd.

Copyright © 2012 Nelson Education Ltd.

Learning Objectives At the end of this chapter, you will be able

to discuss: the different types of industrial disputes the various statistics used to measure strikes the theories, causes and impacts of strikes typical grievances and arbitration procedures other common conversion and alternative dispute

resolution procedures and why nonunion employers also use grievance and

alternative dispute resolution mechanisms

9-2


Defining Industrial Disputes Industrial Dispute

disagreement arising in connection with a collective agreement

entering, renewing, or revising Strike

work stoppage invoked by a union

9-3


Defining Industrial Disputes Work to Rule

employees perform only to minimum standard required

Wildcat Strikes illegal strike during the term of the collective

agreement

9-4


Defining Industrial Disputes Lockout

a work stoppage invoked by management

9-5

Strike Statistics Total number, frequency Number of workers involved Person-days not worked Percentage of working time lost

9-6


Strike Statistics9-7


Strike Statistics9-8


Strike Trends By region

PEI, Territories vs Ontario, BC By industry

tourism vs manufacturing Internationally

standards for reporting vary comparisons difficult

9-9


9-10

Theories, Causes, & Impacts of StrikesKramer and Hyclak: three common theories of strikes

Accident theory Total joint costs Asymmetric information


9-11

Strikes represent accidents Rational negotiators avoid high costs of

work stoppage Strikes should be unexpected

errors at the bargaining table misunderstandings of goals mismatched expectations

Accident (or Hicks) Theory


9-12

Strikes more likely when cost of strike is relatively low for both

parties cost of settling is high compared to cost of

striking Difference in cost of strike to one party

relative to the other shifts bargaining power


Total Joint Costs Theory

9-13

Asymmetric Information Theory Strike or lock to call the other side’s bluff Strike to gather more information about

other party’s claims information not easily accessible in other

ways


9-14

Catalysts single event

Insolated and Homogeneous Groups unpleasant work strong bonds


Strike Causes

9-15

Management Indifference or Unresolved Grievances

Frustration-Aggression Economic Factors Intra-Organizational Factors


Strike Causes

9-16

Economic Value of firm Employee finances

Worker Well-Being Relationships, rapport Commitment


Strike Impacts

9-17

Grievances Grievance

A formal complaint that a specific clause in the collective agreement has been violated

Types of grievances Individual Group Union or Policy

initiated by union leadership


9-18

Grievance ProcedureParties

employee often the initiator of the grievance

union usually first represented by shop steward

management usually first represented by immediate

supervisor third parties

mediators, arbitrators


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Process Informal stage

not required, often not in collective agreement

Formal Step 1 employee, supervisor, written

Continued…

Grievance Procedure


9-20

Formal Step 2 next level of management/union reviews

Formal Step 3 executive level review, several members

present Formal Step 4

third party intervention

Grievance Procedure


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Grievor Characteristics minor role

Management Characteristics stricter discipline consideration

Union Characteristics informal resolution, training

Grievance Initiation


9-22

Rights (or Grievance) Arbitrationconcerning alleged violations of the collective agreement

Interest Arbitration determines terms and conditions of collective agreement while its being negotiated

Arbitration


9-23

Similar to legal proceedings prima facie case evidence culpable

Key differences may follow Jurisprudence but not required probable cause final and binding

The Process


Mitigation Factors argued by the union to reduce a sanction

work record length of service isolated event inconsistent application of rules

9-24

The Process


Written decision grievance denied grievance upheld grievance partially upheld

9-25

The Process


9-26

Key Arbitration Issues


9-27

The Forms of Arbitration Conventional Tripartite Arbitration

most common three member board neutral chairperson

Sole Arbitration neutral chair only

Expedited Arbitration short time frame, no choice


Problems with Grievance Arbitration Long delay Costly “Outsider” factor Increasingly legalistic

9-28


9-29

Interest Arbitration Resolves disagreement during bargaining Alternative to prohibited strike Conventional Interest Arbitration

arbitrator can choose among the proposals or fashion another


9-30

Interest Arbitration


Final Offer Arbitration arbitrator must choose one of the

parties’ proposals First Agreement (First Contract) Arbitration

arbitration that determines the first collective agreement

9-31

Alternative Dispute Resolution ADR

resolving disputes without going to court Grievance Mediation

voluntary non-bidding process neutral third party examines the grievance


Alternative Dispute Resolution Adopted in non union firms

high performance work system alternative to litigation union substitution

9-32


SummaryA variety of conversion mechanisms Strikes

theories and impacts Grievances Arbitration

rights, interest Alternative dispute mechanisms

mediation and conciliation


9-33

strikes & dispute resolution chapter 9 © 2012 nelson education ltd

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