AGREEMENT, COLLECTIVE

A contract (agreement and contract are used interchangeably) between one or more unions acting as a bargaining agent, and one or more employers, covering wages, hours,working conditions, fringe benefits, rights of workers and the union, and procedures to be followed in settling disputes and grievances.

ARBITRATION

A method of settling disputes through the intervention of a third party whose decision is final and binding. Such a third party can be either a single arbitrator, or a board consisting of a chair and one or more representatives. Arbitration is often used to settle major grievances and to settle contract interpretation disputes. Voluntary arbitration is that agreed to by the parties without statutory compulsion.Compulsory arbitration is that imposed by law.Governments sometimes Impose it to avoid a strike or to end one.

BARGAINING UNIT

Group of workers in a craft, department. plant, firm, industry or occupation, determined by a labour relations board or similar body as appropriate for representation by a union for purposes of collective bargaining.

BLUE COLLAR WORKERS

Production and maintenance workers as contrasted to office and professional personnel.

CANADIAN LABOUR CONGRESS (CLC)

Canada's national labour body representing over 70 percent of organized labour in thecountry.

CERTIFICATION

Official designation by a labour relations board or similar government agency of a union assole and exclusive bargaining agent following proof of majority support among employees in a bargaining unit.

CONTRACTING OUT

Practice of employer having work performed by an outside contractor and not by regular employees in the unit. Not to be confused with subcontracting, which is the practice of a contractor delegating part of his work to a subcontractor.

CONTRACT

See Agreement, Collective

CONTRACT PROPOSALS

Proposed changes to the collective agreement put forward by the union or the employer and subject to collective bargaining.

COST -OF-LIVING ALLOWANCE (C.O.L.A.)

Periodic pay increase based on changes in the Consumer Price Index, sometimes with a stated top limit.

CRAFT UNION

Also called horizontal union. A trade union which organizes on the principle of limiting membership to some specific craft or skill, e.g., electricians, plumbers. In practice, many traditional craft unions now also enrol members outside the craft field, thereby resembling industrial unions.

FEDERATION OF LABOUR.

A federation, chartered by the Canadian Labour Congress, grouping local unions and labour councils in a given province.

FRINGE BENEFITS

Non-wage benefits, such as paid vacations, pensions, health and welfare provisions, and life insurance, the cost of which is borne in whole or in part by the employer.

LOCAL (UNION)

Also known as lodge, or branch. The basic unit of union organization. Trade unions usually divided into a number of locals for the purposes of local administration. These locals have their own constitutions and elect their own officers; they are usually responsible for the negotiation and day-to-day administration of collective agreements covering their members.

LOCKOUT

A phase of a labour dispute in which management refuses work to employees or closes its establishment in order to force a settlement on its terms

MODIFIED UNION SHOP

A place of work in which non-union workers already employed need not join, but all new employees must join, and those already members must remain in the union.

See Union Security, Union Shop

MOONLIGHTING

The holding by a single individual of more than one paid job at the same time.

PICKETING

Patrolling near an employer’s place of business by union members - pickets - to publicize the existence of a labour dispute, persuade workers to join a strike or join the union, and discourage customers from buying or using the employer’s goods or service

PINK COLLAR

Predominately female office and professional personnel as contrasted to the predominately male production and maintenance workers.

Also called the Pink Ghetto

PREMIUM PAY

A wage rate higher than straight time, payable for overtime work, work on holidays or scheduled days off, or for work under

STRIKE

A cessation of work or a refusal to work or to continue work by employees in combination or in accordance with a common understanding for the purpose of compelling an employer to agree to terms or conditions of employment. Usually the last stage of collective bargaining when all other means have failed. Except in special cases, strikes are legal when a collective agreement is not in force. A Rotating or Hit-and-Run strike is a strike organized in such a way that only part of the employees stop work at any given time, each group taking its turn. A Sympathy strike is a strike by workers not directly involved in a labour dispute — an attempt to show labour solidarity and bring pressure on an employer in a labour dispute. A Wildcat strike is a strike violating the collective agreement and not authorized by the union

STRIKE BEARER; SCAB

A person who continues to work or who accepts employment to replace workers who are on strike. By doing so, he or she may weaken or break the strike.

STRIKE VOTE

Vote conducted among members of a union to determine whether or not to go on strike

TECHNOLOGICAL CHANGE

Technical progress in industrial methods such as the introduction of labour-saving machinery or new production techniques. These often result in personnel reductions.

CHECK-OFF

A clause in a collective agreement authorizing an employer to deduct union dues or other assessments, and transmit these funds to the union. There are four main types: the first three apply to union members only:
(1 )Voluntary revocable;
(2) Voluntary irrevocable;
(3) Compulsory;
(4) Rand Formula (duesdeducted from. union and non-union employees).

CLOSED SHOP

A provision in a collective agreement whereby all employees in a bargaining unit must be union members in good standing before being hired, and new employees must be hired through the union.

COLLECTIVE BARGAINING

Method of determining wages, hours and other conditions of employment through direct negotiations between the union and employer. Normally the result of collective bargaining is a written contract which covers all employees in the bargaining unit, both union members and non-members.

COMPANY UNION

A one-company group of employees, frequently organized or inspired by management and usually dominated by the employer.

CONCILIATION AND MEDIATION

A process which attempts to resolve labour disputes by compromise or voluntary agreement. In contrast with those who bring about arbitration, the mediator, conciliator or conciliation board does not bring in a bind award and the parties are free to accept or to reject its recommendation. The conciliator is often a government official, while the mediator is usually a private individual appointed as a last resort, sometimes even after the start of a strike.

GRIEVANCE

Complaint against management by one or more employees, or a union, concerning an alleged breach of the collective agreement or an alleged injustice. Procedure for the handling of grievances is usually defined in the agreement. The last step of the procedure is usually arbitration.

INDUSTRIAL UNION

Also called vertical union. A trade union which organizes on the principle of including workers from one industry, regardless of the craft or whether they are skilled -or unskilled. See Craft Union.

INJUNCTION

A court order restraining an employer or union from committing or engaging in certain acts. An ex parte injunction is one in which the application for an injunction is made in the absence of the party affected.

INTERNATIONAL UNION

A union which has members in both Canada and the United States.

JOB EVALUATION

A system designed to create a hierarchy of jobs based on factors such as skill, responsibility or experience, time and effort.

Often used for the purpose of arriving at a rational system of wages.for specific jobs or classes of jobs.

LABOUR COUNCIL

Organization composed of locals of CLC- affiliated unions in a given community or district.

LABOUR RELATIONS BOARD

A board established under provincial or federal labour relations legislation to administer labour law, including certification of trade unions as bargaining agents, investigation of  unfair labour practices and other functions prescribed under the legislation.

RAIDING

An attempt by one union to induce members of another union to defect and join its ranks.

RAND FORMULA

Also called Agency shop. A union security clause in a collective agreement stating that the employer agrees to deduct an amount equal to the union dues from all members of the bargaining unit, whether or not they are members of the union, for the duration of the collective agreement. See Check-Off

 

SENIORITY

Term used to designate and employee’s status relative to other employees, as in determining order of lay-off, promotion, recall, transfer, and vacations. Depending on the provisions of the collective agreement, seniority can be based on length of service alone or on additional factors such as ability or union duties.

SHIFT

The stated daily working period for a group of employees, e.g., 8 a.m. to 4 p.m., 4 p.m. to midnight, midnight to 8 a.m.

SHIFT DIFFERENTIAL

Added pay for work preformed at other than regular daytime hours.

SHOP STEWARD

A union official who represents a specific group of members and the union in union duties, grievance matters and other employment conditions. Stewards are usually part of the work force they represent.

SLOWDOWN

A deliberate lessening of work effort without an actual strike, in order to force concessions from an employer. A variation is called work-to-rule strike — a concentrated slowdown in which workers, tongue in cheek, simply obey all laws and rules applying to their work.

TRADE UNION

Workers organized into a voluntary association, or union, to further their mutual interests with respect to wages, hours, working conditions and other matters of interest to the workers

UNION SHOP

A place of work where every worker covered by the collective agreement must become and remain a member of the union. New workers need not be union members to be hired but must join after a certain number of days. See Modified Union Shop.

WHITE COLLAR WORKERS

Term applied to workers in offices and other non-production phases of industry.

WORK-TO-RULE

See Slowdown

WORKING CONDITIONS

Conditions pertaining to the workers’ job environment, such as hours of work, safety, paid holidays and vacations, rest period, free clothing or uniforms, or possibilities of advancement. Many of these are included in the collective agreement and subject to collective bargaining

LABOUR UNIONS

Labour laws in Ontario

Labour Law in Ontario is made up predominantly of 6 pieces of legislation.

1. LABOUR RELATIONS ACT

Deals with rights and duties of unions and management in the private, and to some degree, in the public sector. Guarantees right to strike, to join a union and to arbitrate workplace grievance. Administered by the Labour Relations Board

2. EMPLOYMENT STANDARDS ACT

Deals with the minimum obligations of employer towards employees – Wages, hours, holidays, vacations. For non-union employees this Act is the main source of employee rights. Complaints are handled by specially appointed referees.

3. WORKERS’ COMPENSATION ACT

Provides workers disabled by a work-related injury or illness with wage-related financial compensation. Overseen by the Workers’ Compensation Board no fault compensation program. Employees claiming Workers’ Compensation surrender their right to sue their employer.

4. HUMAN RIGHTS ACT

Forbids discrimination on the grounds of age, sex, race, colour, religion, national origin, martial status and sexual orientation. Administered by the Ontario Human Rights Commission

5. OCCUPATIONAL HEALTH AND SAFETY ACT

Regulates health and safety in the workplace. Covers dust, noise, chemicals and heat. Gives worker the right to refuse unsafe work. Administered by the Ontario Human Rights Commission

6. UNEMPLOYMENT INSURANCE ACT

This is a Federal law financed by mandatory employee and employer contributions. Provides partial wage-replacement for a limited time period. Adjudicated by special boards of referees and umpires.