Index

Abandonment of bargaining rights, 186, 358–359 Arbitral jurisprudence, 221 Accounts receivable, transfers of, 352 Arbitration, expedited, 324–327 Accreditation, for , 182 Arbitration award: Adversarial confl icts, 223 creation of, 321–322 Adverse impact discrimination, 15 legalism in, 324 Affi liates, 103 Arbitration hearings, 318–320 Affordable Care Act, 415 Arbitrators, appointment of, 316–317 AFL, see American Federation of Labor Arthurs, Jimmy, 52 AFL-CIO, 415 Asbestos strike, 73 Air Canada, 362 Ashley, Susan, 290 Alberta: Asian Canadian Labour Alliance, 394 disputes inquiry board in, 297 Assets, transfer of, 351–352 labour codes on grievances in, 306 Attitudes toward unions: mediation in, 286 employees, 119–122 preserving labour history of, 52 society, 123–124 provisions for employees returning during strike in, 261 Attitudinal structuring, 212–215, 223 supermarket employees in, 28 Australia: Alberta Federation of Labour, 94 and globalization model, 406 Alberta Labour History Institute (ALHI), 52 work stoppages in, 267–268 “Alive After 5” workshops, 395 Auto industry, whipsawing in, 181–182 Allan, Mark, 293 Automatic certifi cation, 132, 360 All-Canadian Congress of Labour, 67 Automation, 408 American Airlines Inc. v. Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Back-to-work legislation: Employees, 166 and Canadian National Railway strike, 238 American Association of University Professors, 256 use of, to end public sector strikes, 252 American Federation of Labor (AFL), 61, 69, 71 Bakke, E. Wight, 39–40, 44 American industrial relation legislation, 127 Balance of probabilities: Anti-Infl ation Board, 77 in arbitration, 319 Anti-union animus, 165 for unfair labour practices, 165–166 actions of employers showing, 165 Bangladesh, 407 in changes to employers, 348–349,COPYRIGHTED 353 Bargaining MATERIAL agents, 124–125 in workplace restructuring, 369–370 Bargaining councils, 182 Appeals, to arbitration awards, 321–322 Bargaining in good faith, 193–196 Application bars, 154–155 Bargaining power, 218–220 Application for certifi cation, 129–139 Bargaining process, effect of, on strikes and lockouts, 246–247 appropriate bargaining units described in, 133–139 Bargaining range, narrowing of, 208–209 assessment of, 150–156 Bargaining rights, abandonment of, 186, 358–359 determining employee support for, 150–151 Bargaining structure, and likelihood of strikes, 244 hearing for, 155–156 (s), 133–139 representation vote following, 151–155 defi ning employees for, 136–137 suffi cient membership support for, 130–133 defi ning employers for, 137–139 withdrawals of, 153 defi ning trade unions for, 139 workplace notice of, 150 managerial and non-managerial employees in, 134–136 Apprenticeship, 31 size and location of, 134, 244 444 Index

Barrett, Steven, 18 as national labour federation, 102–107 Beatty, Rex, 238 one-day strike organized by, 77–78 Bettman, Gary, 210 structure of, 103–107 Beyond a reasonable doubt standard, 319 Canadian labour relations board, 127 Binding (term), 281, 288 Canadian Labour Union, 59 Bjornson, Rosella, 388 Canadian Media Guild (CMG), 387 Booking out, in third-party interventions, 285 Canadian National Railway (CN), 238 Bottom line, 208, 218 Canadian Union of Postal Workers, 415 Boulwarism, 194 Canadian Union of Public Employees (CUPE), 76, 176, 302, Boycotts, during strikes, 255–256 307, 394, 395, 399 Braverman, Harry, 45–46, 49 Capital, division between labour and, 35 British Columbia: Cappelli, Peter, 46–47, 49 health care workers in, 204 Carr, Mike, 293 industrial inquiry commission, 297 Case Administrator, of labour relations board, 148 industrial relations legislation in, 18 Catholicism, 65–66 labour codes on grievances in, 306 Cavanagh, Danny, 302 Labour Relations Code in, 412 CAW, see Canadian Auto Workers mediation in, 286 CCF (Co-operative Commonwealth Federation), 69 restrictions on replacement workers in, 257 CCL (Canadian Congress of Labour), 71 British Columbia Federation of Labour, 395 CCU (Confederation of Canadian Unions), 79 British Columbia Labour Relations Board, 148 CDLC (Calgary and District ), 86 British North America Act (1867), 11 “Censure lists,” 256 British Privy Council, 68 Centrale des syndicats du Québec (CSQ), 108–109 Brown, George, 58 Centralized labour federations, 107–110 Business agents, 91 Centralized union structures, 74 and agenda of local unions, 92 CEP (Communications, Energy and Paperworkers) union, in grievance procedures, 313–314 344, 361 Business cycle, 245–246 Certifi cation: Business mergers, 362 application for, see Application for certifi cation Business unions, 94 and collective bargaining, 178–180 , 38 collective bargaining required following, 180 if parties change, 160 Calgary, Alberta, 400 labour relations laws concerning, 12 Calgary and District Labour Council (CDLC), 86 for previously unionized workplace, 156–160 Call centres, lack of unionization at, 28 and successorship, 346–347 Canada: Certifi cation order, 153 characteristics of, 54–56 Changes to union or employer, 344–372 and globalization model, 406 case examples of, 373–380 industrial relations in, 47–49 decertifi cation, 354–361 jurisdiction over industrial relations in United States vs., and re-certifi cation, 160 411–412 successorship, 346–354 labor law in United States vs., 418–421 technological changes, 364–368 strike record of, 263–268 union mergers, 344, 361–364 work stoppages in, 267–268 workplace restructuring, 368–371 Canada , 178, 257, 305 Charbonneau, Joseph, 73 Canada Post, 415 Charter of Rights and Freedoms, 16–19, 78, 253 Canadian Airlines, 362 Chaykowski, Richard, 47–49 Canadian Association of University Teachers, 256 Child labour, 34 Canadian Auto Workers (CAW), 344, 361, 382, 404–405, 416 Chilling effect, in interest arbitration, 291 Canadian Charter of Rights and Freedoms, 418–419 Christie, Gordon, 86 Canadian Congress of Labour (CCL), 71 CIO (Congress of Industrial Organizations), 69, 71 Canadian International Development Agency, 409 Class struggle, 44–45 (CLC), 74, 79, 392, 409 Class systems, and unions, 36–37 and affi liation with labour councils, 99 CLC, see Canadian Labour Congress functions of, 107 Clear and cogent evidence, 320 Index 445

Clement, Tony, 191 Community of interest, for bargaining units, 134 Client leverage campaigns, 116 Company unions, 139–140 Clinton, Bill, 415 Compensation, and employee support for unions, 120–122 Closed shops, 72, 179 Comprehensive Economic and Trade Agreement, 409 CMG (Canadian Media Guild), 387 Compressed workweeks, 397 CMG Freelance, 387 Concessions, 209 CN (Canadian National Railway), 238 Conciliation, as third-party intervention, 278–283 CNTU (Confederation of National Trade Unions), 66 Conciliation Act (1900), 61 Coal mining industry, 62 Confédération des syndicats nationaux (CSN), 66, Code of ethical organizing (CLC), 104, 105 109–110, 395 Code of ethics (CLC), 104 Confédération des travailleurs catholiques du Canada Code of union citizenship (CLC), 103 (CTCC), 65–66 Cole, Desmond, 387 Confederation of Canadian Unions (CCU), 79 Collective agreements: Confederation of National Trade Unions (CNTU), 66 formed by item-by-item fi nal offer selection, 290–292 Congresses, of parent unions, 96 formed by total-package fi nal offer selection, Congress of Industrial Organizations (CIO), 69, 71 289–290 Conscription, 62 and human rights legislation, 16 Consensual adjudication, 316 imposition of, by labour relations boards, 196 Construction industry, unionization in, 140, 179 labour relations laws concerning, 12 Continental movement, 57 and raiding, 158–160 Continuing grievances, 307 timeframes for, 185 Continuity, in successorship, 349 Collective bargaining, 176–197 Contracts, transfers of, 352 areas addressed by, 185–186 Control: case examples of, 198–202 deskilling and maintenance of, 45–46 and certifi cation, 178–180 in successorship, 349 in good faith, 193–196 and union membership, 40 by local unions, 92 Conventions, of parent unions, 96 method of, in Webbs’ theories, 35 Co-operative Commonwealth Federation (CCF), 69 at Mount Allison University, 176 Cosh, Colby, 10 participants in, 182–184 “Cost of disputes “model (collective bargaining process), preparation for, 186–196 220–222 as protected right, 18 Craft guilds, 30–32 setting priorities for, 188–192 Craft union model, 56 structure of, 180–182 Creature comforts, 40 timelines for, 186–188 Crisis stage of negotiations, 209, 210 as workplace democracy, 9 Cross-examination (grievance arbitration), 320 Collective bargaining process, 204–224 Crossing picket lines, 255 case examples of, 225–231 CSN, see Confédération des syndicats nationaux “cost of disputes “model of, 220–222 CSQ (Centrale des syndicats du Québec), 108–109 mutual gains model of, 222–223 CTCC (Confédération des travailleurs catholiques du and negotiations process, 206 Canada), 65–66 power of union members in, 204 Cultures, in Canada, 54–55 role of, in negotiations, 218–220 CUPE, see Canadian Union of Public Employees simulation exercise, 231–236 Customers, and continuity of business, 353–354 stages of negotiations, 206–212 Customer lists, transfer of, 352 subprocesses of negotiations stages, 212–218 Common employers, 138–139 Daly, Bill, 209, 210 Common employer declaration, 353–354 Decertifi cation, after changes to union or employer, 354–361 Common rule, device of, 36 Decertifi cation vote, 359 Commons, John, 37–38 Delay, in grievance arbitration process, 322–323 Communications, Energy and Paperworkers (CEP) union, Democratic Party (United States), 414–415 344, 361 Demographics: Communication Workers of America, 387 union, 19–22 Communism, 67 workforce, see workforce demographics 446 Index

Denmark, 267–268 unions and new roles of, 46–47 Dental care, 390 unions controlled by, 139–140 Deskilling, 45–46 unions voluntarily recognized by, 140–141 Device of restriction of numbers, 36 Employers’ council, 182 Device of the common rule, 36 Employment Equity Act, 391, 392 Dias, Jerry, 129–130, 344 Employment standards legislation, 15 Direct contact, and successorship, 351 Engels, Friedrich, 44–45, 49 Direct examination (grievance arbitration), 320 Environmental factors, 218–219 Discrimination: Essential services: in collective agreements, 185 and collective bargaining, 190–191 and duty of fair representation, 314 conciliation process used for disputes in, 281 under human rights legislation, 15–16 and replacement workers, 260 reverse, 392 strike restrictions for, 251 Disputes inquiry board, 297–298 Ethnic diversity in the workforce, 391–393 Distributive bargaining, 213, 216–218 Evans, Bill, 176 Dolphin Delivery case, 16–17 Evraz Place arena, 293 Downsizing, 403–404 Executive council (Canadian Labour Congress), 106 Dues, see Exempt employees, 136 Dues check-off provision, 178 Expedited arbitration, 324–327 Dunlop, John, 40–44 Dunmore v. Ontario (Attorney-General), 18 Fabian Society, 34 Dunning, Mike, 241 Facilities Bargaining Association (FBA), 204 Duty of fair representation: Fact fi nders, as third-party intervention, 287 and grievance arbitration process, 311, 314–316 Factional confl ict, 214 in workplace restructuring decisions, 371 Fagnan, Len, 52 FBA (Facilities Bargaining Association), 204 Economic factors: Federal jurisdiction, provincial vs., 11 and employee support for unions, 122–123 Fédération des travailleurs et travailleuses du Québec, with strikes and lockouts, 245–246 see Quebec Federation of Labour Employees: Fehr, Don, 209 continuing work by, and successorship, 352 Fehr, Steve, 209–210 defi ning, for bargaining units, 136–137 Female workers, 388–390 exempt, 136 Filing, of grievances, 309–312 managerial vs. non-managerial, 134–136 Film industry, 400 participation of, in organizing campaigns, 128 Final offer selection, in interest mediation, 299 vulnerability of, before certifi cation, 163 Final offer votes, as intervention in bargaining process, 296 Employee Free Choice Act (EFCA), 412, 415 Finnson, Doug, 238 Employee support: First Nations workers, 394 determining, for certifi cation application, 150–151 First World War: for organizing campaign, 116–124 Canadian union movement after, 66–70 of strikes, 244–245 Canadian union movement during, 63–66 for union certifi cation, 130–133 Fishbein, Bernard, 360 Employers: Fisher, Roger E., 222 attitudes of, toward unions, 128–129 Fitzgibbon, Michael, 2 changes to, see Changes to union or employer Flatter organizations, 402 common, 138–139 Flett, John, 61 defi ned, in industrial relations, 4 Flextime, 397, 400 defi ning, in bargaining units, 137–139 Fondcation (fund), 110 infl uence of, on success of organizing campaigns, Foreign workers, 94, 395–396 128–129 Formality, in grievance arbitration process, 323–324 legal rights of, 162–163 Fortin, Jean-Pierre, 190–191 re-certifi cation after change in, 160 “Framework of Fairness” agreement, 405 single, 138–139 Fraud, decertifi cation following fi nding of, 358 in systems theory, 42 Freeze, during collective bargaining, 195 unfair labour practices engaged in by, 163 Friendly unionism, 38–39 Index 447

Galivan, Tom, 116 Hearings: Garment industry, 407–408, 410 arbitration, 317–320 Gender, and union organizing efforts, 388–390 in interest arbitration, 289 GLBT workers, 394 HEU (Hospital Employees’ Union), 204, 311–312 Globalization, 405–410 , 179 and union mergers, 362 History of Canadian union movement, 52–82 union responses to, 408–410 during 1800s, 56–60 Globalization model, 406 in early 1900s, 60–62 Goodwin, Albert “Ginger,” 63–64 during First World War, 63–66 Green, Datejie, 387 after First World War, 66–70 Grievance(s): during Second World War, 70–72 continuing, 307 after Second World War, 72–73 defi ning, 304–306 during 1950s and 1960s, 74–77 group, 306 during 1970s and 1980s, 77–79 individual, 306 in 21st century, 79–81 and local unions, 92 in Canadian context, 54–56 policy, 307 and role of Alberta Labour History Institute, 52 procedure for resolving, 308–314 HIV/AIDS, 409 reviewing, in preparation for collective bargaining, 190 H&M, 409 timeliness of, 307–308 Hornung, Richard, 293 Grievance arbitration process, 302–332 Hospital Employees’ Union (HEU), 204, alternatives to traditional, 324–331 311–312 arbitration hearing, 318–320 Hostility, after strikes and lockouts, 263 case examples of, 333–341 Hot declarations, during strikes, 255–256 creation of arbitration award, 321–322 Hoxie, Robert, 38–39, 44 defi ning, 304–305 Hudak, Tim, 416 and duty of fair representation, 314–316 Human resource management, 5–6, 399 grievance arbitration simulation, 341 Human rights commission, 16 grievances in, 305–308 Human rights legislation, 15–16 interest arbitration vs., 287 order of proceeding, 320–321 IBM, 401 preparation, 316–318 IBN (interest-based negotiation), 176 problems with traditional, 322–324 Identifi cation of companies, after changes, 352 and shop stewards, 302 IKEA, 409 steps in grievance procedure, 308–314 ILO (International Labour Organization), 111, 409 Grievance committee, 310 Image, of unions, 120 Grievance mediation, 327–330 Immigrants, 395–396 Grievance resolution procedures: Immigration Act, 64–65 in collective agreements, 185 Implied obligations doctrine, 368–369 labour relations laws concerning, 12 Individual grievances, 306 “Grieve, then work” rule, 310–311 , 240 Grievors, 309 Industrial confl ict, 240 Group grievances, 306 Industrial councils, 66–67 Industrial Disputes Investigation Act (1907), 62, 68, 71 Hainsey, Ron, 210 Industrial inquiry commission, 296–297 Haiven, Judy, 28 Industrial relations, 2–25 Harbison, Frederick, 43 as academic subject, 6–10 Harper, Stephen, 416 defi ning, 4–6 Harris, Mike, 412 factors infl uencing future of, 410–421 Harvey, Anne, 312 legislation concerning, 10–19, 127, 411–414 Health care industry, 252 political infl uence affecting future of, 414–417 Health Employers Association of British Columbia and unionization in Canada, 19–22 (HEABC), 204 union organizing affecting future of, 417–421 Health Services and Support—Facilities Subsector Bargaining variations in approaches to, 2 Assn. v. British Columbia, 18 Industrial Relations Act (New Brunswick), 306, 347 448 Index

Industrial Relations and Disputes Investigation Act (1948), Kerr, Clark, 43 72–73 Key person doctrine, 353 Industrial Relations Offi cer (IRO), 148 King, William Lyon Mackenzie, 62 Industrial Revolution, 32–34 Knights of Labor, 59–60 , 57 Kochan, Thomas, 46–47, 49 Industrial Workers of the World (IWW), 62 Kumar, Pradeep, 344 Infl ation, and employee support for unions, 122–123 Informal mediation, 286 Labor and Monopoly Capital (Harry Braverman), 45 Information, unions as source of, 40 Labour, division between capital and, 35 Information meeting (organizing campaigns), 125–126 Labour Act (Prince Edward Island), 251 In good standing (term), 98 Labour Code (Quebec), 306 Institutionalist model, 406 Labour College of Canada, 107 Instrumentality, of unions, 119–120 Labour councils, 98–100 Integrated approach, 406 functions of, 99–100 Integrative bargaining, 213, 215–217 structure of, 98–99 Integrity, 40 Labourer(s): Intentional discrimination, 15 choosing to join unions, 39–40 Interests, 220 psychology of, 36–37 Interest arbitration: Labour federations, boycotts supported by, 256 item-by-item fi nal offer selection, 290–292 Labour Industrial Development Program, 409 and mediation-arbitration, 293–294 Labour relations, see Industrial relations rights arbitration vs., 304 Labour Relations Act (Newfoundland and Labrador), 306 as third-party intervention, 287–294 Labour Relations Act (Ontario), 412 total-package fi nal offer selection, 289–290 Labour relations board: Interest-based negotiation (IBN), 176 application for certifi cation considered by, 132 International labour federations, 110–111 and bargaining in bad faith, 195–196 International Labour Organization (ILO), 111, 409 establishment of, 13 International trade: for public sector employees, 14 and Canadian economy, 55 Labour Relations Code (Alberta), 306 and industrial relations, 48 Labour Relations Code (British Columbia), 306, 412 International Confederation (ITUC), 111 Labour relations laws, 11–13 International union executives, 95 Labour-sponsored investment funds, 108, 110 International unions, 57, 60–61, 74, 95. See also “Labour trilogy” cases, 17 Parent unions Lapointe, Katherine, 387 International Woodworkers of America (IWA), 69, 75 “Laundry” lists of proposals, 207 Internet, 395 Lavigne case, 17 Interprovincial component, to business, 11 Laws, compliance with during , 254 Intra-organizational bargaining, 212–215 Lawyers, benefi ts of using, in grievance arbitration process, 323 Inventory, transfers of, 352 Layoffs, 368 Ireland, 406 Layton, Jack, 414 IRO (Industrial Relations Offi cer), 148 Legal enactment, method of, 35 Iron law of oligarchy, 93 Legalism, in grievance arbitration process, 323–324 Islam, Nazrul, 360 Legislation: ITUC (International Trade Union Confederation), 111 on changes in certifi ed unions, 362–363 IWA (International Woodworkers of America), 69, 75 on collective agreements, 185 IWW (Industrial Workers of the World), 62 on conciliation, 278–279 on decertifi cation, 355–358 Japan, 267–268 and employee support of unions, 124 Job sharing, 397, 399–400 and future of industrial relations, 411–414 Joint union-management training, 222–223 on grievance arbitration, 305 Jurisdiction: on grievance procedure, 308–309 federal vs. provincial, 56 on industrial relations, 10–19 for industrial relations legislation, 10–11 on interest arbitration, 287–288 Justice for Janitors organizing campaign, 116 on mediation, 284 Justifi cation, in organizing, 105 on raiding, 157 Index 449

on replacement workers, 257–260 Marx, Karl, 44–45, 49 on representation votes, 152 Matacheskie, Allison, 148 on strikes and lockouts, 246 Matrix organizations, 402 on successorship, 347, 350–351 Med-arb, see Mediation-arbitration technological changes addressed in, 365–367 Media attention: on union structure, 90 during conciliation, 280 Lewenza, Ken, 344 and length of strikes, 262 Libel, and picketing, 254–255 during mediation, 285 Living wage policy, 100 Mediation: Local unions, 89–94 grievance, 327–330 functions of, 91–94 in private sector bargaining disputes, 295 parent unions’ support for, 97–98 as third-party intervention, 283–287 structure of, 90–91 Mediation-arbitration (med-arb): Lockout(s): for grievance arbitration, 330–331 and bargaining process, 246–247 as interest arbitration, 293–294 case example of, 272–273 Medical care, 390 certifi cation during, 161–162 Meetings, in collective bargaining process, 206, 207 conciliation required before, 280 Meighen, Arthur, 65 defi ning, 240–241 Member participation, in activities of local unions, 92–93 and economic conditions, 245–246 Mergers, 362 effect of conciliation on, 282–283 Method of collective bargaining, 35 ending, 261–263 Method of legal enactment, 35 factors affecting likelihood of, 241–247 Method of mutual insurance, 35 fi nal offer votes during, 296 Mexico, work stoppages in, 267–268 labour relations laws concerning, 12 Ministry of Labour (Quebec), 276 legislative restrictions concerning, 246 Minorities, and bargaining priorities, 191 motivations for, 242–244 Monopoly laws, 58 negotiations during, 252–253 Morgan, Don, 293 picketing during, 253–256 Mount Allison University, 176 preconditions for, 247–252 Muir, James, 52 and replacement workers, 256–261 Multiple union—multiple locations bargaining, 181, 182 Lost person-days, due to strikes and lockouts, 263–266 Multiple union—single employer bargaining, 181, 182 Murdochville strike, 74–75 McDiarmid, Tyler, 242 Mutual gains model of bargaining, 176, 222–223 MacDonald, Sir John A., 58 Mutual insurance, method of, 35 McDonald’s Workers’ Union (Syndicat des travailleuses et Myers, Charles, 43 travailleurs du McDO-CSN), 89 McGinnis, Greg, 360 NAFTA (North American Free Trade Agreement), 79–80, McGowan, Gil, 94 408–409 McKersie, Robert, 46–47, 49, 211 Narcotic effect, in interest arbitration, 291–292 Magna International, 405 National Hockey League (NHL), 209–210 Make whole, as remedy, 167–168 National Labor Relations Board (NLRB), 412 Management, stages of negotiation with, in collective bargaining, National labour federations, 102–107 206–212 National unions, 95. See also Parent unions Management negotiating teams: National union executives, 95 bargaining priorities set by, 192 NAV Canada, 281–282 participants of, 183–184 NDP, see New Democratic Party Management rights clause, in collective agreements, 185 Negotiating range, establishment of, 207–208 Management rights doctrine, 368 Negotiations (in general): Managerial employees: mediation in, 284 in bargaining units, 134–136 during strikes and lockouts, 252–253 work done by, during strikes and lockouts, 257 Negotiations (collective bargaining process), 206 Manitoba, 257 role of, 218–220 Marchbank, Michael, 204 stages of negotiations, 206–212 Markets, unions and expanding, 37–38 subprocesses of negotiations stages, 212–218 450 Index

Neo-liberalism, 415 case examples of, 142–145 Network (web) organizations, 402 in construction industry, 140 Neutrality, of third parties, 278 defi ned, 118 New Brunswick, 306 ethics involving, 104, 105 New Democratic Party (NDP), 80, 414, 416–417 factors affecting employee support for, 116–124 Newfoundland and Labrador, 306 factors affecting success of, 127–129 The Newspaper Guild, 361 and information meeting, 125–126 New Zealand, 406 in logging operations, 70 NHL (National Hockey League), 209–210 and organizing committee, 126–127 Niagara Falls casino, 382 and previously unionized workers, 157–158 Nine-Hour Movement, 58 by SEIU Local 2 BGPWU, 116 NLRB (National Labor Relations Board), 412 steps in, 124–127 Non-managerial employees, 134–136 unfair labour practices during, 163 Non-permanent employment relationships, 398–399 and voluntary recognition, 140–141 Non-standard work, 385 Organizing committee, 126–127 Nontraditional employment relationships, 398–399 O’Riley, Lee, 388 Non-unionized workers, grievances fi led by, 305 Ottawa Public Library, 307 North American Agreement on Labour Cooperation, 409 Outsourcing, 136 North American Free Trade Agreement (NAFTA), 79–80, 408–409 Para-public sector: No-strike laws, 246 employees in, 13 Notice to bargain, issuing, 186 unionization in, 76 “Notwithstanding” provision, 16 use of third-party interventions in, 295 Nova Scotia: Parent unions, 95–98 labour codes on grievances in, 305, 306 bargaining priorities based on, 189 mediation in, 286 functions of, 97–98 supermarket employees in, 28 representatives of, in collective bargaining, 183 structure of, 95–97 Obama, Barack, 412, 415 Parkin, Al, 70 OBU (), 63, 65 Participants (in collective bargaining), 182–184 Occupation-specifi c labour relations legislation, 14 Participation rate, 390 Older workers, 390–391 Part-time workers, 386 Oligarchy, 93 Past practice, principle of, 308 One Big Union (OBU), 63, 65 , 181 Ontario: P.C. 1003, 71 disputes inquiry board in, 297 Pearson, Bonnie, 204, 312 gender and union organizing campaigns in, 388–389 “Period of local unionism,” 56 Labour Relations Act in, 412 Perlman, Selig, 36–38 labour relations in, 2 Personal factors, and employee support for unions, 119–120 provisions for employees returning during strike in, 261 Picketing, 253–256 restrictions on replacement workers in, 257 Picket line, 253 unionization of agricultural workers in, 17–18 Pledges of noncompetition, 352 Ontario Labour Relations Board, 353, 413 Policy grievances, 307 Ontario (Attorney-General) v. Fraser, 18 Political activities by local unions, 92 “On to Ottawa Trek,” 67 Political factors, in future of industrial relations, Open periods, for raiding, 158–160 414–417 Oral History Project, 52 Political structure of Canada, 55–56 Organizational factors, 219 Position, 208–209, 220 Organizational structures: Post Foods Canada, 382 in bargaining units, 138–139 “Post offi ce riots,” 67 changes in, 401–405 Precarious employment, 385 and employee support for unions, 121–122 Preconditions, for strikes and lockouts, 247–252 union responses to changes in, 404–405 Predatory unionism, 39 Organizing campaign(s), 116–141 Pre-negotiation stage (collective bargaining), 207 and application for certifi cation, 129–139 Preventive mediation, 286 Index 451

Primary industries, 55 Rand, Ivan, 72 Principle of past practice, 308 Rand Formula, 72, 178–179 Priorities, setting, for collective bargaining, 188–192 Ratifi cation, 210–211 Private sector: Ratifi cation votes, 262–263 restrictions on strikes in, 246 Ready, Vince, 311–312 third-party intervention in bargaining disputes in, 295 Recognition strikes, 240 unionization in, 28 Recurrence, 221 Procedural onus, in grievance arbitration, 319 Re-examination, 320 Professional , restrictions on use of, 257 Regina Exhibition Association Limited (REAL), 293 Professional strikebreaking fi rms, 47 Regional unions, 95. See also Parent unions Progressive Conservative Party, 416 Regional union executives, 95 Prohibited grounds, 15 Registered retirement savings plans (RRSPs), 391 Protected grounds, 15 Relief camps, 67 Provincial jurisdiction, federal vs., 11 Relieve, in grievance arbitration, 319 Provincial labour federations, 100–102 Religious exemption, to union dues, 178 functions of, 101–102 Reopener clauses: structure of, 101 and technological changes, 365–368 PSAC (Public Service Alliance of Canada), 190–191, 394 and workplace restructuring, 369 Psychology of the labourer, 36–37 Replacement workers: Public sector: legislation concerning, 47, 48 interest arbitration in, 291 use of, during strikes and lockouts, 256–261 labour relation laws concerning employees in, 13–14 Representation vote, for union recognition, 151–155 restrictions on strikes in, 246 Residual rights doctrine, 368 third-party intervention in bargaining disputes in, 295 Restriction of numbers, device of, 36 unionization in, 75–76 Retail sector, lack of unionization in, 28 Public sector labour relations legislation, 13–14 Reverse discrimination, 392 Public Service Alliance of Canada (PSAC), 190–191, 394 Reverse onus, for unfair labour practices, 165 Public Service Staff Relations Act, 76 Revolutionary unionism, 39 Public support: Richtree Market restaurant (Toronto, Ontario), 360 and conciliation, 280 Rights, 220–221 for strikes, 262 Rights arbitration, 304 “Putting-out system,” 32 Role confl ict, 214 Roosevelt, Franklin D., 68 QFL (Quebec Federation of Labour), 74, 107–108 Rosenthal, Eric, 52 Quasi-judicial status, of labour relations board, 13 Ross, Stephanie, 387 Quasi-public sector employees, 13 Rotating strikes, 240 Quebec: and Asbestos strike, 73 Salting, 396 centralized labour federations in, 107 Sanders, David, 360 development of unions in, 65–66 Saskatchewan: industrial relations legislation in, 18–19 conciliation in, 280 Knights of Labor in, 59–60 interest arbitration in, 288 labour codes on grievances in, 305, 306 legislation in, 412–413 mediation in, 286 mediation in, 286 restrictions on replacement workers in, 257 supermarket employees in, 28 third-party intervention in, 276 Saskatchewan Employment Act, 413 Quebec Federation of Labour (QFL), 74, 107–108 Saskatchewan Institute of Applied Science and Technology (SIAST), 152–153 Race to the bottom, 407 Scabs, 255 Racial diversity in the workforce, 391–393 Scheduling, work, 397 Raiding, 156–160 Secondary industries, 55 and decertifi cation, 359–360 Secondary picketing, 254 and ethical organizing, 105 Second World War: Railway industry, unionization in, 61–62 Canadian union movement after, 72–73 Rana Plaza disaster (Bangladesh), 407 Canadian union movement during, 70–72 452 Index

SEIU Local 2 BGPWU, 116 and economic conditions, 245–246 Service Employees International Union, 419 effect of conciliation on, 282–283 Service industries, 55 ending, 261–263 Settlement orientation, in grievance mediation, 330 factors affecting likelihood of, 241–247 Shared premises, and picketing, 253–254 fi nal offer votes during, 296 Shevalier, Alex, 86 individual factors affecting likelihood of, Shewchuk, Daniel, 238 244–245 Shop stewards: labour relations laws concerning, 12 in grievance arbitration process, 302 legislative restrictions concerning, 246 grievances fi led by, 310 and mediation, 285 in union structure, 90–91 motivations for, 242–244 SIAST (Saskatchewan Institute of Applied Science and Murdochville strike, 74–75 Technology), 152–153 negotiations during, 252–253 Single employers, 138–139 picketing during, 253–256 Single union—multiple locations bargaining, preconditions for, 247–252 181–182 by public sector employees, 13–14 Single union—single employer bargaining, by railway industry, 61–62 180, 181 recognition, 240 SIO (Special Investigating Offi cer), 148 and replacement workers, 256–261 , as strike, 240 rotating, 240 Smallwood, Joey, 75 during Second World War, 71 Snider v. Toronto Electrical Commission, 68 slowdown as, 240 Social activities: sympathy, 252 by local unions, 92 Vancouver public transit bus drivers’ strike, 285 of provincial labour federations, 102 virtual, 401 Social assistance programs, 78 wildcat, 248 Social media, 395 Winnipeg , 64–65 Social status, and union membership, 39 work-to-rule campaigns as, 240–241 Societal attitudes, toward unions, 123–124 Strike-as-collective voice perspective, 243–244 Societal factors, and support for unions, 123–124 Strike-as-mistake perspective, 242–243 Socio-demographic factors, 219 Strike funds, 98 Socio-economic status, 119, 120 Strike mandates, 250 Solidarity Fund, 108 , 252, 261 Sonier, Carly, 382 Strike votes, 250 Spain, work stoppages in, 267–268 Structure of Canadian unions, 86–112 Special Investigating Offi cer (SIO), 148 and Calgary and District Labour Council, 86 Special mediation, 286–287 centralized labour federations, 107–110 Standard of proof, in grievance arbitration, 319–320 international labour federations, 110–111 Stanford, Jim, 344 labour councils, 98–100 The Story Board, 387 local unions, 89–94 Strike(s), 238–269 national labour federations, 102–107 after implementation of wage and price control parent unions, 95–98 program, 77–78 provincial labour federations, 100–102 after Second World War, 72 Subpoenas, in grievance arbitration, 317–318 Asbestos strike, 73 Successorship: in Atlantic Canada, 62 after changes to employer, 346–354 and bargaining process, 246–247 and certifi cation, 160 and bargaining structure, 244 “Super union,” 344 Canada’s record of, 263–268 Supreme Court of Canada, 16–19, 253, 418–419 at Canadian National Railway, 238 Surface bargaining, 194 case example of, 270–272 Sutherland, Ron, 176 certifi cation during, 161–162 Sweetheart agreements, 139 conciliation required before, 280 Sympathy strikes, 252 defi ning, 240–241 Syndicat des travailleuses et travailleurs du McDO-CSN during 1970s and 1980s, 78 (McDonald’s Workers’ Union), 89 Index 453

Systemic discrimination, 15 Traditional grievance arbitration process: Systems theory, of industrial relations, 40–44 alternatives to, 324–331 problems with, 322–324 Tax-Free Savings Accounts (Thomasa), 391 Training: Teamsters Canada Rail Conference under craft guilds, 31 (CROTCH), 238 joint union-management, 222–223 Technological changes, and work structure, 76, for technological changes, 367 364–368 Transaction costs, 221 Telecommunications Workers Union (TWU), 361 Transfer of assets, and successorship, 351–352 Telecommuting (telework, e-work), 397–398 Transformative orientation, in grievance mediation, 330 Temporary foreign workers, 94 Trigger agreements, 116 Temporary Foreign Workers Program, 395 Tripartite board: Temporary workers, 386 for conciliation, 280–281 Terminal date, on workplace notice, 150 for grievance arbitration, 317 Termination, in collective agreements, 368 TUAC-OECD (Trades Union Advisory Committee of Tertiary industries, 55 the Organisation for Economic Co-operation and TFSAs (Tax-Free Savings Accounts), 391 Development), 111 Theories of industrial relations, 28–50 and contemporary Canadian unions, 28 UCCO-SAAC (Union of Canadian Correctional on functions of unions, 38–44 Offi cers), 109 on future of unions, 44–49 UFCW (United Food and Commercial Workers), 2 and origins of unions, 30–34 Underemployment, 392 on union origins, 34–38 Unemployment: Thérien, Suzanne, 276 and employee support for unions, 122, 123 Third parties, neutrality of, 278 and length of strikes, 261 Third-party intervention, 276–298 and likelihood of strikes, 245 alternatives to, 296–298 Unfair labour practices, 162–169 case example of, 299–301 bargaining in bad faith as, 194–196 conciliation as, 278–283 dealing with complaints of, 165–167 interest arbitration as, 287–294 defi ning, 162–163 mediation as, 283–287 legislation concerning, 164–165 in private sector bargaining disputes, 295 during organizing campaigns, 127 in public sector bargaining disputes, 295 refusal to bargain as, 186 in Quebec, 276 remedies for, 167–169 required before strikes and lockouts, 248–251 at Saskatchewan Institute of Applied Science and selection of, 294 Technology, 152–153 Thompson, Mark, 9 Unifor, 80, 129–130, 344, 361, 419 Time bars: Unifor Local 195, 241–242 to certifi cation applications after failed certifi cation, Union(s): 154–155 in Canada, 19–22 to certifi cation during strike or lockout, 161–162 changes to, see Changes to union or employer to raiding, 157–160 and class struggle, 44–45 Time limits, for grievances, 311 and the class system, 36–37 Timelines: defi ned, in industrial relations, 4 for collective bargaining, 186–188 demographics of, 19–22 for decertifi cation, 354–357 intercooperation by, 58–59 Toyota Motor Manufacturing Canada, 129–130 labourers choosing to join, 39–40 Trades and Labour Congress (TLC), 59, 69, 71 membership in, as job requirement, 7 Trades Union Act (1872), 58 and new roles of employers, 46–47 Trades Union Advisory Committee of the Organisation origins of, 30–34 for Economic Co-operation and Development role of, in restructuring decisions, 368–371 (TUAC-OECD), 111 stages of negotiations with management, in collective Trade unions, defi ning, 139 bargaining, 206–212 Trade Union Act (Nova Scotia), 306 “super union,” 344 Trade Union Act (Saskatchewan), 413 and theories of industrial relations, 28 454 Index

Union(s) (continued) jurisdiction over industrial relations in Canada vs., theories on functions of, 38–44 411–412 theories on future of, 44–49 labor law in Canada vs., 418–421 theories on origins of, 34–38 legislation reducing power of unions in, 47 trade, 139 union organizers from, 61 Union density: whipsawing in, 181 Canadian vs. American, 28 work stoppages in, 267–268 drop in Canadian, 10 United Steel, Paper and Forestry, Rubber, Manufacturing, Union dues: Energy, Allied Industrial and Service Workers defi ned, 134 International Union, 80 local unions supported by, 91 United Steelworkers (USW), 75, 361, 407 parent unions supported by, 98 UNITE HERE, 410, 419 required by union security clause, 178 UNITE HERE Local 75, 360 Union-employer relationships, 5 Uplifting unionism, 38–39 Union executives: Ury, William L., 222 in local unions, 90 USW, see United Steelworkers in parent unions, 95 Unionism, types of, 38–39 Vale Inco, 407 Union members: Vancouver, British Columbia, 399 bargaining priorities infl uenced by, 191–192 Vancouver Coastal Health Authority, 311–312 expulsion of, 179 Vancouver public transit bus drivers’ strike, 285 in good standing, 98 Verma, Anil, 47–49 power of, in collective bargaining process, 204 Virtual strikes, 401 surveyed, for priorities in collective bargaining, 189 “Visible minority,” 391 Union mergers, 344, 361–364 Volkswagen, 409 Union negotiating teams: Voluntary recognition, 140–141 bargaining priorities set by, 191–192 participants of, 183, 184 Wage and price control program, 77–78 Union of Canadian Correctional Offi cers Wagner Act (United States), 68–69 (UCCO-SAAC), 109 Wal-Mart, 18–19, 387 Union recognition, 148–169 Walton, Richard, 211 assessment of application for certifi cation, 150–156 Waterfront Hotel (Windsor, Ontario), 241–242 and British Columbia Labour Relations Board, 148 Webb, Beatrice, 34–36, 38 case examples of, 170–174 Webb, Sidney, 34–36, 38 certifi cation during a strike or lockout, 161–162 Web (network) organizations, 402 certifi cation for a previously unionized workplace, WestJet Professional Pilots Association (WPPA), 41 156–160 Whipsawing, 181 certifi cation if parties change, 160 White, Warren, 152 and unfair labour practices, 162–169 Wildcat strikes, 248 Union security clauses, 178 Wiley, Natalie, 2 Union shops, 179 Winnipeg General Strike, 64 “Union threat effect,” 121 Wirsig, Karen, 387 Union wage premiums, 123 Withdrawals, of certifi cation applications, 153 UNITE, 410 “Wobblies,” 62 United Auto Workers (United States), 181 Wolfe-Wylie, William, 387 United Church of Canada, 419 Women in the workforce, 388–390 United Food and Commercial Workers (UFCW), 2 “Women of Steel” program, 394 United Kingdom: Wool Guild, 31–32 and globalization model, 406 Work arrangements, 396–401 work stoppages in, 267–268 in case example, 422–426 United States: and human resource management practices, 399 employer response to organizing campaigns in, nontraditional employment relationships, 398–399 128–129 telecommuting, 397–398 and globalization model, 406 union responses to changes in, 399–401 industrial relations legislation in, 68 work scheduling, 397 Index 455

Workforce demographics, 384–396 Work stoppages, 264–268, 295. See also Lockout(s); Strike(s) ethnic and racial diversity in, 391–393 Work structure: female workers, 388–390 pre– vs. post–Industrial Revolution, 32–34 older workers, 390–391 and technological changes, 364 union responses to changes in, 393–396 Work-to-rule campaigns, 240–241 young workers, 384–387 World War I, see First World War Workplace(s): World War II, see Second World War certifi cation for previously unionized, 156–160 WPPA (WestJet Professional Pilots Association), 41 collective bargaining as democracy in, 9 Written complaint, grievance as, 312 dissatisfaction with, 120–121 local unions dealing with problems in, 92 Yee, Sagan, 387 Workplace factors, and support for unions, 120–122 Young workers, 384–387 Workplace notice, of certifi cation application, 150 Yussuff, Hassan, 106 Workplace restructuring, 368–371 Work scheduling, 397 Zone of agreement, 208–209