...Employment and Labour Law (1) The Union is concerned that the Employer is not bargaining in good faith. Legal Arguments For Union: | * The employer failed to bargain in good faith by refusing to meet; cancelling meetings, rescheduling meetings, not giving the negotiating team any power to bargain, surface bargaining, deliberate provocation, refusing to justify a position, (Olivio, 2013) * Section 17 of the OLRA states that the parties must have the true decision maker at the table. (Olivio, 2013). The negotiating team was included more junior members of the human resource department. * Surface bargaining is evident as the employer agrees to meet and discuss the issues but a real effort was not made to reach an agreement when the employer withdrew several concessions it had made without any explanation. | For Employer: | - According to Section 17 of the Ontario Labour Relations Act, the parties must meet within 15 days after the notice to bargain has been given or they must agree on a later meeting time. (Olivio, 2013)- Section 16 of the Ontario Labour Relations Act states that once the union is certified or voluntarily recognized, it must give notice to the employer to bargain. (Olivio, 2013)- Section 65 of the Act says that if the union fails to do so within 60 days, it risks being decertified because it is “sleeping on its rights”. Also according to section 65 of the act, if the union fails to give notice to bargain for renewal in accordance with...
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...MANAGEMENT ADVANCEMENT PROGRAMME 120 LABOUR RELATIONS INDIVIDUAL ASSIGNMENT Facilitator : Mrs Vanessa Botha Student Name : Carine Sanama Student Number: 1311024 Date : Monday 29 June 2015 Words Count: 1189 Table of Contents i. Executive Summary ii. Introduction and Background iii. Literature Review a. Definition of Terms b. The Evolution of the South African Labour Relations : Pre and Post-Apartheid c. The right to strike in South Africa : Legal VS Illegal iv. Discussions v. Conclusion vi. References Appendix 1 I. Executive Summary The rising number of labor strikes in South Africa should be a wake-up call the government. They should take the following into consideration so the improve on the country socio-economic state: First, look at labor markets with a renewed interest to revise laws governing the role and powers accorded to collective bargaining unions with a view to streamline them. Second, revise minimum wages, wage increases and dispute resolution policies in line with the latest economic developments in the country and international standards to ensure fairness and equity. Third, ensure that negotiations involving unions that represent essential emergency professionals do not break down and go to strike since people’s lives could be at stake. Finally, deliberately incorporate wage increase policies in the national budgeting process. These reforms would go a long way in minimizing the growing number of strikes...
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...Labour Relations Challenges of Today Currently in Canada, there are approximately 4.7 million unionized workers. Although this accounts for 31.5% of workers, this membership count has been diminishing across our Country. Employer and government pressures to accept wage freezes and reduced benefits are taking its toll on all unions in general. Some universal challenges that unions face today are listed below. 1. Competition: Global markets have put considerable pressure on unions. Many products are being manufactured in other countries for a fraction of the cost; specifically when being compared to unionized factories in a developed country with much higher labour costs. Due to minimal union presence in under developed countries and extremely low fabrication costs, foreign competition has become quite the challenge. 2. Technology: Technology has changed the content of several existing jobs. “Touch Labour” is quickly diminishing due to today’s state of the art machinery, robotics and automation. As a result, workers are forced to expand their skill levels and adapt to new roles. For example, in the mining industry, which is known to have large union membership presence, positions have changed drastically. In the 1960s it took approximately 10 men an entire week to move one ton of ore to surface. It is estimated that today, 1 man & 1 scoop could complete this task in 2 hours. This “ONE” task has eliminated how many jobs? Has caused strong unions to lose how many members...
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...shift but, but he didn’t advise his supervisor that he would be absent. Absenteeism in the plant averages six shifts a year. The company has noticed a significant deterioration in Peter’s performance over the past four years and it is getting progressively worse. There seems to be a pattern of Monday and Friday absences and there are strong and persistent rumours from other employees and supervisors that Peter’s breath smells of alcohol on a regular basis. When Peter is at work, his mood swings are totally unpredictable. Some employees have even gone so far as to complain to management about Peter’s absenteeism, attitude and performance suggesting that his behaviour is disruptive to the entire workforce. The newly appointed Labour Relations Manager is Bob Graham. His first directive from senior management is to get rid of Peter Frost. Bob reviews Peter’s file and, to his horror he discovers that...
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...Chapter 16: Labour Relations Labour union: an officially recognized association of employees practicing a similar trade or employed in the same company or industry who have joined together to present a united front and collective voice in dealing with management. -the purpose of unionization are to influence HR policies and practices that affect bargaining unit members such as pay and benefits. Labour- management relations: the ongoing interactions between labour unions and management in organizations -managerial discretion and flexibility in dealing with employees and in implementing and administering HR policies/procedures are reduced. Collective agreement (union contract): a formal agreement between an employer and the union representing a group of its employees regarding terms and conditions of employment. Collective bargaining: negotiations between a union and an employer to arrive at a mutually acceptable collective agreement -an organization’s labour relations strategy, one component of its HR strategy, is its overall plan for dealing with unions, which sets the tone for its union-management relationships. -union acceptance strategy- view the union as the legitimate representative of the employees. -union avoidance strategy- prefer to operate in a non unionized environment. (Walmart) -to avoid unions, companies can either adopt a: -union substitution approach- become so responsive to employees’ needs that there is no incentive for them to unionize ...
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...immigrants, recruitment and management of individuals gained vitality. Managers were higher than the employees. This system created a gap between the labour force and the management. Social welfare approached in the early HRM helped the immigrants to get adjusted to their jobs and to 'American' way of life. The programs was assigned to ensured an increase in productivity. In the 1790s, employees empower considerably and increased at a quick pace .In the 1800s and 1900s the advent of Labour Union led HR department more capable in politics and diplomacy. HR department has management, labour unions, and Frederick W. Taylor's (1856-1915) theory of 'Scientific Management'. In 1902, National Cash Register was formed to handle employee grievances, record keeping, wage management and other employee-related functions. In 1913, the US Department of Labour promoted the welfare of employees. In 1920s and 30s, the impact of the Hawthorne studies enhanced the physical work conditions for employees changes from workers' efficiency to efficiency through work satisfaction. In 1938, the Fair Labour Standards Act provided security and helped increased the standard of the employees. Since then, the welfare of workers have more new and efficient laws. Therefore, human relations became a prominent feature of organizational behaviour. The National Labour...
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...The Industrial Court is a non-departmental tribunal from the public body with legal powers. It was initially established in 1919 to provide settlement for industrial disputes and it still provide voluntary arbitration role. It also has a constitutional power about taking decisions between trade unions and employers or the management. The Industrial court is also known as the labour court. According to the Industrial Court Act in Mauritius the Industrial court is established by section 3 of the Industrial Court Act. The Industrial Court is composed of two Magistrates who are appointed by the Judicial and Legal Service Commission. The industrial law has some other powers that is any worker facing any difficulties at work can apply to the magistrate...
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...Industrial Relations in India Introduction The relationship between the employers, employees, trade unions and the government is called Industrial Relations. India is an emerging economy and the large informal sector poses a big challenge. 94% of our work force is in the informal sector where implementation of labour laws is difficult. Harmonious relationship is necessary for both the employers and employees to safeguard the interests of both the parties of production and all the other stakeholders. Evolution of IR in India The first phase (1947 to 1966): It was a time of import-substitution industrialization and national capitalism. Large employment-intensive public enterprises were forming and largely centralized bargaining with static real wages. The public sector unionism was growing and industrial relation was majorly Government controlled and regulated. The second phase (1967 to 1980): The employment growth was slowing down and real wages were declining. The IR system faced a major crisis during this phase. There were massive strikes, industrial conflicts, multiple unionism and decline in strength. The government was losing control over the IR system. The third phase (1981 to 1991): This was a period of ‘jobless growth’. The ‘independent’ enterprise unionism was rising and several city/ regional IR systems were operating. The government was slowly withdrawing from IR system. The post-reform decade (1992-2007): About 15% of the workforce (approximately 1.1 million) lost...
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...1. Labour or Industrial Relations. The term labour relations, also known as industrial relations, refers to the system in which employers, workers and their representatives and, directly or indirectly, the government interact to set the ground rules for the governance of work relationships. It also describes a field of study dedicated to examining such relationships. The field is an outgrowth of the industrial revolution, whose excesses led to the emergence of trade unions to represent workers and to the development of collective labour relations. A labour or industrial relations system reflects the interaction between the main actors in it: the state, the employer (or employers or an employers’ association), trade unions and employees (who may participate or not in unions and other bodies affording workers’ representation). The phrases “labour relations” and “industrial relations” are also used in connection with various forms of workers’ participation; they can also encompass individual employment relationships between an employer and a worker under a written or implied contract of employment, although these are usually referred to as “employment relations”. There is considerable variation in the use of the terms, partly reflecting the evolving nature of the field over time and place. There is general agreement, however, that the field embraces collective bargaining, various forms of workers’ participation (such as works councils and joint health and safety committees) and mechanisms...
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...Role of labour and industrial laws are of paramount importance. We know that the total economy of a country greatly depends upon the industrial sector. In addition, the growth of the industrial sector involves with some major aspect. These major aspects are the local investment policy, foreign direct investment policy, labour management etc. Besides the necessary infrastructure for investment natural resources are also important and it is very clear that if all these essential elements are not available then growth of industrial sector is unfeasible. Besides all these things labour issues are also very important. Proper management of labour is an essential matter for growth of industrial sector. Timely disposal of labour disputes are also important. We see that in most of the cases the labour law disputes do not solve with in short time. So the remedy which is essential from the case becomes delayed. The labour law is very much important in Bangladesh perspective. It is highly important for the industrial development of Bangladesh. We know that labour is a most important part of an industry. So, we can not think an industry with out labour. Labour right is most essential in Bangladesh. But the labours are in ignorance about their right. They don’t know properly about labour laws and education. It is a great problem. For this reason, they retrenched by the employee. Very often, they retrenched with out any legal process. Labour Laws in Bangladesh: In Bangladesh 47 labour laws are...
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...issued a lockout notice to the workers at their plant on December 02, 1993, and all of the issues surrounding what happened next. The case raises a lot of questions and I will try to expand on my answers to those questions. One of the questions asked in this assignment was whether a strike or lockout ends a collective agreement. A strike or lockout cannot legally take place until a collective agreement has expired. While negotiations are taking place, there is a bridging provision that extends the collective agreement for a period of time. So essentially, after a collective agreement expires, it is still in effect as long as both sides are negotiating. A strike or lockout ends that collective agreement bridge. According to the Alberta Labour Relations Board, “the bridging provisions of Section 130 that extended the collective agreement during negotiations terminate.” “Employers may choose to lockout their employees for a short period of time as a way to end the bridging provisions of Section 130 and thereby apply additional pressure on the union to settle the dispute. Although commonly called a “24-hour lockout”, there is no minimum duration required for a lockout and, in Ironworkers 850 v. Western Archrib [1998] Alta.L.R.B.R. 90, the Board ruled the employer had entered a state of lockout without any interruption in work.” The next question asks whether an employer can unilaterally impose terms and conditions of employment once a lockout action ends a collective agreement. The...
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...“The last 25-30 years has seen major changes in the context of employee relations within UK organisations. The factors that have had the most significant influence on these changes are political, economic, social and technological of which I will be discussing to identify what particular influences these factors have had on employee relations over the last 25-30 years. To do this I first need to define the meaning of employee relations, which can be defined as according to Rose (2004):the study of the regulation of the employment relationship between employer and employee, both collectively and individually and the determination of substantive and procedural issues at industrial organisational and workplace levels. (Rose, 2004 p.8)There are a number of political factors that have had a significant influence on employee relations over the last 25-30 years such as the influence of the Conservative government from 1979-1997, which included a decline in trade unions, new acts and legislations put in place, and the emergence of the Labour government from 1997 to the present day which has also brought a number of changes to the employee relations context. The Conservative government has had a significant influence on employee relations in terms of changes to the legal framework of labour law. These changes involved the relationships between the employer and employee, the employer and the union and the relationship between the union and the membership. In regards to the employer and...
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...Available online at www.managementjournal.info RESEARCH ARTICLE Industrial Relations System as a Factor of Tripartite Consultation Influencing the Performance of State Corporations in Kenya Nzioki S*, Mukulu E Department of Human Resource Management, School of Human Resource Development, Jomo Kenyatta University of Agriculture and Technology (JKUAT), Kenya. *Corresponding Author: Email: sknzioki@yahoo.com Abstract The study sought to establish the effect of Industrial relations system in Kenya on the performance of state corporations. Methodology: Data was obtained through a descriptive design involving 279 employees both unionized and non-unionized of state corporations in Nairobi County. A structured questionnaire with likert scale questions was used to collect data from the selected subjects of the study. Interviews were also conducted with human resource managers/ employee relations officers, shop floor union officials, officers of the Ministry of Labour, officers of Federation of Kenya Employers (FKE), officers of Central Organizations of Trade Unions, Kenya. The study used the Dunlop’s systems model credited with the application of the systems approach to Industrial Relations (IR). The model explains the input acquisition, input transformation, output and feedback to explain the process of Kenyan Industrial Relations System. Finding: The study found that there existed a prescribed Industrial Relations System in Kenya, but its adherence had been faced with a lot of challenges...
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...Keisler Drinks and Foods Incorporated (DKDF). DKDF produces a range of food and drinks products across the so-called “fast-moving consumer goods” spectrum of products. The DDI manufacturing site in southern Ireland is now also the DDI worldwide head quarters. At the DDI Irish site the firm employs around 1,300 staff. Of these 1,000 are factory-workers and 300 based in head office. The major DDI corporate support functions are located at head office including human resources, finance, marketing, sales, product development and logistics (shipping and distributions management). Most factory staff are members of the GWLU (General Workers Labour Union) whereas only about a third of the staff at head office are in a Labour Union. Union members at Head Office are represented by the Clerical and Office Labour Union (COLU). Employee Relations at DDI traditionally very good. This is partly because, in Ireland, industrial peace is managed through agreements which are negotiated within a National Programme for Economic Development framework. These programmes include major stakeholders like the large unions, employer representatives, government agencies and small firms. When issues do arise...
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...Chapter 5 COLLECTIVE BARGAINING: LEVELS AND COVERAGE* A. INTRODUCTION AND MAIN FINDINGS Industrial relations systems, operating at national, sectoral and local levels, play an important role in determining economic and labour market performance. They constitute a “web of rules” relating economic agents who, while pursuing their self-interests, generally find it beneficial to reach a degree of consent and some form of (more or less conflictual) co-operation. In providing procedures for consensus-building and conflict resolution, these arrangcments are shaped by specific national legislation and labour market conditions, and by each country’s prevailing attitudes towards work, conflict and co-operation. There are many ways to analyse systems of labour relations in OECD countries. For example, Chapter 4 of the 1991 Employment Outlook examined trade union density (the proportion of workers who are union members), and noted widely differing rates of unionisation across countries, ranging from around 10 per cent in France to over 80 per cent in Sweden. Union density is just one indicator of the character of a country’s industrial relations system. The extent to which employees are covered by collectivc agrccments concluded at various levels - national, regional, sectoral or company - is another important feature of the system by which wages and other employment conditions are set. In many countriec, workers who are not union members are in fact - through extension and enlargement...
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