Industrial Labour

☛ Pluralism perspective views the organization being made up of two groups - Management and trade unions. Both of them are considered strong.

☛ It sees the conflicts over distribution of profits as normal and unavoidable.

☛ It believes that the role of management is more of persuading and co-ordinating

☛ Conflict is not viewed as a bad thing and is dealt with through collective bargaining

☛ Trade unions are viewed as legitimate representatives of employees.

If the grievance procedure outlined in the collective agreement has been exhausted and the grievance has not been settled, the parties may submit the grievance to arbitration for a final and binding determination. Arbitration may be done by a sole arbitrator or by an arbitration board.

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.

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.

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.

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.

Yes, such grievances are handled in much the same way that employee or trade union grievances are handled.

Industrial dispute can be defined as conflict between management and workers regarding payments or conditions related to work.

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).

There are two methods of gaining bargaining rights. The first is certification and the second is voluntary recognition.

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.

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.

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.

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.

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.

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.