Industrial Relations in Canada [4 ed.] 9780176891701

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BRIEF CONTENTS About the Series Preface

xxu

xxiii

About the Authors

xxx

Acknowledgments xxxu

Chapter 1

Introduction

1

Chapter 2

Labour History 26

Chapter 3

Economic, Social, and Political Environments

Chapter4

The Legal Environment

92

Chapter 5

The Union Perspective

123

Chapter6

The Management Perspective

Chapter 7

Collective Bargaining 202

Chapter 8

Collective Agreement Administration

Chapter9

Conflict Resolution: Grievances and Strikes 273

Chapter 10

Third-Party Dispute Resolution Procedures

Chapter 11

Impacts ofUnionization

Chapter 12

Public-Sector Issues

61

167 233 313

331

369

Appendix A: Collective Bargaining Simulation: Coastal Crops Ltd. (CCL)

400

Appendix B: Collective Bargaining Simulation: Two-Tier Contract at Community Grocery Appendix C: Arbitration: The Case ofRobyn Andrews Glossary Index

412

418

424

429

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CONTENTS About the Series Preface xxm

..

XXll

About the Authors xxx Acknowledgments XXXll Introduction 1 Chapter Learning Objectives 1

Chapter 1

Opening Vignette: Ontario College Strike What Is Industrial Relations?

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Industrial Relations 3 IR Today 1.1: Industrial Relations in Universities

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Labour Relations 4 Human Resources 4 Employee Relations 4 Employment Relations 4 Industrial Relations and This Textbook The Industrial Relations System

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Dunlop's Industrial Relations System Model 5 Criticisms ofDunlop's Industrial Relations System External Inputs 8

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IR Today 1.2: Precarious Employment, Youth and the Gig Economy 11

Actors 12 Internal Inputs l 3 Conversion Mechanisms Outputs 14

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IRNotebook 1.1 : RelevantJournals Views oflndustrial Relations

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Neoclassical Economics View l 6 Pluralist and Institutional View l 6 NE L

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Vii

Human Resources/Strategic Choice Political Economy 17 Outline of the Text Summary Key Terms

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19 19

Discussion Qyestions Exercises

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Case : Ontario College Strike References Chapter 2

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22 26

Labour History

Chapter Learning Objectives

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Opening Vignette: The Winnipeg General Strike Preunionization

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Master-Servant Relationship 28 The Movement to Unionization

The Early Years (Pre-1900)

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IR Notebook 2.1: The Nine-Hour Movement

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IR Notebook 2.2: Labour History- Some Regional Highlights

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1900- 1920: The Years ofStruggle 34 The 1930s and 1940s: Decline and Resurrection 37 The 1950s and 1960s: Reconciliation and Expansion into the Public Sector 39 The 1970s and 1980s: Changing Relationships with Governments and the United States 40 The 1990s: Increased Resistance 42 The 2000s and Beyond: Major Economic Restructuring Continues 44 IR Today 2.1: The "Gig" Economy

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Implications for the Future of Labour

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Larger Unions 48 Social Unionism 48 IR Today 2.2: Business versus Social Unionism

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Global versus National 49

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CONTENTS

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Summary 50 KeyTerms

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Discussion Qiestions Exercises

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51

Case : From UAW to CAW to Unifor References

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Chapter 3

Economic, Social, and Political Environments 61 Chapter Learning Objectives 61

Opening Vignette: How Income Inequality Hurts Every Canadian's Chance of Building a Better Life 62 The Economic Context

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Macroeconomic Policy 62 The Labour Market 63 IR Today 3 .1: GM Announces $170m Investment in Oshawa Plant That Will Save 300 Jobs 66 Supply ofLabour 67 Work-Leisure Decisions 67 IR Notebook 3.1: Immigrants Crucial for Canada's Economic Growth 68 IR Notebook 3.2: Canada's Demographic Transition

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Social Conditions 70

Public Attitudes toward Unions

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IR Notebook 3.3: Poll Results Show Majority of Canadians Hold Favourable View of Unions 72

Work A ttitudes 73 Trends in Income Distribution and Poverty

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IR Notebook 3.4: Poverty Is Declining in Canada-Especially for Children 75

Changing Workforce Composition 76 Labour and Employment Relations Challenges 79 The Political Environment 81

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CONTENTS

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ix

IR Today 3.2: B.C. Labour Code Changes to Provide Greater Protection for Workers 81

Globalization and Politics Summary 85 Key Terms

85

Discussion Qiestions Exercises

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Case: Outsourcing and Canada-A Good Place to Outsource To! Endnote References

Chapter 4

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87 87

The Legal Environment

92

Chapter Learning Objectives 92 Opening Vignette: Agricultural Workers Voice Concerns in Federal Review of Temporary Foreign Worker Program (TFWP) 93

'Wagner A ct History 94 The Snider Case 94 Union Recognition under the 'Wagner Act Model

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Labour Boards 96 Duty ofFair Representation Collective Bargaining 98

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Good Faith Bargaining 98 IR Notebook 4.1: Unfair Labour Practices under the P.E.I. Labour Act 99 Dispute Resolution 100 Examples ofthe Expanded Government Role in Collective Bargaining 100 Replacement Worker Laws 102 Collective Agreement Administration 102 IR Today 4 .1: Excerpt from Nova Scotia Trade Union Act 103 IR Today 4.2: Ontario Labour Relations Act: Arbitrator Powers Role of the Charter x

CONTENTS

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IR Today 4 .3: Charter ofRights and Freedoms

104

Review ofSupreme Court Charter Decisions 105 A New Direction for the Supreme Court 108 IR Today 4.4: Supreme Court Relies on ILO Standards

109

IR Today 4.5: Supreme Court Rules on Collective Bargaining for Agricultural Workers 110

A Right to Strike 110 IR Today 4.6: Canadian Workers Now Have a Constitutionally Protected Right to Strike 111 Employment Law

111

Employment Conditions

111

IR Today 4.7: CUPE Celebrates Landmark Decision Reaffirming the Right to Strike in Qiebec 112

Employee Rights 113 International Law 115 Summary

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Key Terms

117

Discussion Qiestions Exercises

117

118

Case 1: Recognition under the Canada Labour Code

118

Case 2: A USWA Organizing Drive at Canada Metals, Winnipeg Endnote References

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120 120

Chapter 5 The Union Perspective 123 Chapter Learning Objectives 123 Opening Vignette: Why Join a Union? Top 5 Reasons according to the United Steelworkers 124 The Contemporary Unionized Workplace 124

Worker Rights and Privileges 125 Advocatingfor Working People 125 IR Today 5.1: CLC Mourns the Passing of Nelson Mandela N ew Challenges for Unions

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CONTENTS

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Union Philosophies

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Economics 126 Politics 127 IR Today 5.2: Joint Union/Management Task Force on Diversity and Inclusion in the Public Service 127 IR Today 5.3: Co-op Strike at 3-Month Mark

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Human Rights 128 Union Models 129 Craft/Occupational Unionism 130 IR Today 5.4: Craft Union: International Brotherhood of Electrical Workers Constitution 131 Industrial or Multi-skill Unionism 131 IR Today 5.5: Craft Union: Ontario Nurses' Association

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IR Notebook 5.1: Unifor (Formerly the CAW) Aims to Defeat Harper Tories 134 IR Today 5.6: Industrial Union: United Food and Commercial Workers Canada 135 IR Today 5.7: Nurses Union Urges Action on Long-Term Care Staffing 136 IR Today 5.8: Public Sector Union: Canadian Union of Public Employees Constitution 137 IR Today 5.9: Discord within the House of Labour IR Today 5.10: Inside NHLPA: Business Affairs Organization and Structure

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Union Size 13 9 Union Affiliation l 39 IR Today 5.11: CAW, CEP Union Merger Suggests Greater Power in Numbers 141 IR Today 5.12: About the CLC

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IR Notebook 5.2: The Supreme Court of Canada Recognizes Right to Strike 143

Union Democracy

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Why Employees Join Unions

145

Collective Voice 145 Utility 146 IR Notebook 5.3 : Democracy at Work in the Public Service Alliance of Canada (PSAC) 147 IR Notebook 5.4: Gain Advantage-Join the Union

Politics or Ideology 148 IR Today 5.13: Union Advantage Why Employees Leave Unions

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148 148

Why Do Unions Choose Certain Workplaces to Unionize? Membership Patterns

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The Changing Face of Unionization

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The Growing Proportion of Women 153 Lower Union Density among Younger Workers

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Differences by Region 155 Labour and the Environment 156 IR Today 5.14: Greenpeace : Tar Sands Destroying the Environment 157 IR Today 5.15 : Excerpt from CLC Plan for Green Jobs

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Blue-Green Coalitions 158 IR Today 5.16: Better Municipal Transit Creates Jobs, Cuts Greenhouse Gases 159 Summary

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Key Terms

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Discussion Q!lestions Exercises

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Case: Democracy and Finances in an OPSEU Local References Chapter 6

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163 The Management Perspective

Chapter Learning Objectives

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Opening Vignette: Canadian Hockey League: Employees or Student Athletes? 168

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The Evolving Managerial View

169

Master- Servant Relationship 169 Scientific Management (Iaylorism) 170 Human Relations 170 IR Notebook 6.1: Amazon: The Qiest for Efficiency

Human Resources Management (HRM) The Growing Role of Management 173 The Strategic Choice Framework

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Industrial Relations and Business Strategies

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Management Strategies Related to Unions 177 IR Today 6.1: Union Avoidance Training 179 Current Managerial Perspectives and Trends

180

High-Peiformance Workplaces and Work Practices (HPWPs) 181 Non-union Employee Representation 183 IR Notebook 6.2: The NLMA: A Professional Association or a Union? 186 Nonstandard Work Arrangements 187 IR Today 6.2: Precarious Employment in Higher Education Summary

190

Key Terms

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Discussion Qiestions Exercises

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Case : Provincial Cannabis Retailers References Chapter 7

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194 Collective Bargaining

Chapter Learning Objectives

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Opening Vignette: CUPW Gives Notice of Rotating Strikes in Toronto & the GTA 203 Conflict-of-Interest Assumption

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How Collective Bargaining Differs from Individual Negotiations 204 IR Today 7.1: Strategic Negotiations

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CONTENTS

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The Four Subprocesses of Collective Bargaining 205

Distributive Bargaining 206 Integrative Bargaining 206 Intra-team Bargaining 206 Attitudinal Structuring 207 Strategies and Tactics of the Bargaining

207

Subprocesses 207 Distributive Bargaining Tactics 208 Integrative Bargaining Tactics 208 Intra-team Tactics 208 Building Trust Tactics 209 A Collective Bargaining Model 209 Union-Employer Pressures 212 IR Today 7.2: Day 646 ofD-J Composites Lockout Marked by Big Union Rally 213 Employer- Union Member/ Employee Pressures 216 Union-Union Member Pressures 216 Bargaining Step by Step 216 The Dos and Don'ts ofBargaining 218 IR Today 7.3: A Negotiated Settlement 219 Interest-Based Bargaining (IBB)

219

What Is It? 219 IBB Steps 221 Why Is IBB So Difficult to Achieve? 221 Does IBB Work? 222 Summary 225 Key Terms

225

Discussion Qpestions Exercises

225

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Case : The Strike at Vale, 2009- 2010 Endnotes References

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231 232

CONTENTS

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Chapter 8 Collective Agreement Administration Chapter Learning Objectives 233 Opening Vignette: University Hospital

233

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Role and Layout of a Collective Agreement

234

'Jjpes of Clauses 235 IR Notebook 8.1: Sample Table of Contents: The University of Western Ontario Graduate Teaching Assistants 236 Rights ofParties 237 IR Today 8.1: Gender References in Collective Agreement Language 239

Organization of Work 240 IR Today 8.2: Tone of the Union-Management Relationship

241

Labour Relations 244 Education, Training, and Employee Development 248 Conditions of Work 249 IR Today 8.3: Collective Agreement Language Concerning Cannabis 258 Special Issues in Collective Agreements

259

Bumping 259 Super-Seniority 260 The Subtleties ofLanguage 260 IR Notebook 8.2: Complexity of Collective Agreement Language 261 A Special Case: The First Collective Agreement 262 Summary 262 Key Terms

263

Discussion Qiestions

263

Exercises 264 C ase: Automotive Restructuring 267 Endnotes

268

References 268

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Chapter9

Conflict Resolution: Grievances and Strikes

Chapter Learning Objectives

273

Opening Vignette: Thunder Bay Public Health Nurses' Strike Strikes

273

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Defining Industrial Disputes 275 Strike Steps 277 IR Today 9.1: Requirements for a Legal Strike

Strike Statistics 278 Theories, Causes, and Impacts of Strikes

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Strike Theories 287 Strike Causes 288 Strike Impacts 290 IR Today 9.2: Unexpected Results: The Relationship between Strikes and Legislation 291 IR Today 9.3: The Role ofThird Parties Grievances in Unionized Workplaces

292 292

Grievances Defined 293 The Grievance Procedure 295 Grievance Initiation 298 Grievance Effectiveness and Outcomes 299 IR Notebook 9.1: Grievances as a Union Advantage Non-union Grievances

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301

Tjpes ofNon-union Grievances 301 W'hy Would Management Optfor a Non-union Grievance Procedure? 302 Summary 302 Key Terms

303

Discussion Qpestions Exercises

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Case : D-J Composites Dispute References

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306

CONTENTS

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Chapter 10 Third-Party Dispute Resolution Procedures 313 Chapter Learning Objectives 313 Opening Vignette: Canadian Google Employees Stage Walkout over Sexual Misconduct Allegations 314 Introduction 315 Grievance Arbitration

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Rights Arbitration 315 IR Today 10.1: Cygnus Gymnastics The Forms of Arbitration

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Conventional Tripartite Arbitration Sole Arbitration 32 l Expedited Arbitration 32 l

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Problems with Current Grievance Arbitration Processes Interest Arbitration

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Conventional Interest Arbitration 323 Final-Offer Arbitration 323 First Agreement Arbitration 323 The Pros and Cons ofInterest Arbitration Other Conversion Mechanisms 323

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Conciliation and Mediation 323 Alternative Dispute Resolution (ADR) Options 324 Alternative Dispute Resolution in Non-union Firms 324 IR Notebook 10.1 : Grievance Mediation: An Alternative to Costly Arbitration 325 Summary 326 Key Terms

326

Discussion Qiestions Exercises

326

327

Case: A Christmas Greeting 328 Endnote References

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CONTENTS

329 329

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Chapter 11

Impacts ofUnionization 331

Chapter Learning Objectives

331

Opening Vignette: No Pain, No Gain

332

Impact of Unions on the Canadian Workplace IR Today 11.1 : "Bargaining Is at a Standstill"

The Existing Evidence 334 Union Impact on Management Practices

332 333

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Staffing 336 IR Notebook 11.1: Fact Sheet: Two-Tier Bargaining-How to Recognize It and Reject It 337 Training and Development 339 Peiformance Appraisal 340 job Evaluation andjob Analysis 340 Compensation

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IRNotebook 11.2: The Union Dilemma: Pay or Jobs?

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IR Notebook 11.3 : The Gender Pay Gap in Canada

346

IR Today 11.2: 7 Reasons You ShouldJoin a Union

347

Equality, Participation, and Safety

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IR Today 11.3: Canada's Unions Mourn the Death of Three Rail Workers in BC 349

HR Practices in Unions Overall Impact 350 Unions and Firm Measures

350 350

Productivity 351 Profitability and Innovation

353

Investment and Return on Investment 354 The Impact of Unionization on Employee Measures

Voluntary Turnover (Quit Rates)

354

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job Satiifaction and Intention to Quit 355 The Social Good 357 Summary

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CONTENTS

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Key Terms

358

Discussion Qiestions Exercises

359

359

Case: A Union of Sex Workers? References Chapter 12

360

362 Public-Sector Issues

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Chapter Learning Objectives 369 Opening Vignette: Ontario Judge Finds Back-to-Work Legislation Aimed at Postal Workers Violates Charter 370 Why Study Public-Sector Labour-Management Relations?

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A Significant Industry 371 Highly Unionized 371 Important Part ofthe Labour Movement in Canada 371 Different Legislative Framework 371 Role of Government 372 Impeifect Labour Market 372 Politics and Public Opinion 373 IR Today 12.1: 9,600 Postal Workers on Strike

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History of Public Sector Bargaining 374

Union Growth Factors 374 IR Today 12.2: Memphis Sanitation Strike, 1968

374

An Economic Analysis of Union Power 375 Dispute Resolution in the Public Sector

377

Recent Developments in Dispute Resolution 378 IR Notebook 12.1: Nova Scotia Teachers Union Says Government "Has Done Enough" to Avoid Strike 380 Innovations in Dispute Resolution 381 The Four Generations of Public-Sector Bargaining Management Issues

382

Restructuring: An International Phenomenon The Canadian Context 383

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Implications of Restructuring for Union-Management Relations in Canada 385

Government Policies 385 Management Employees 3 85 Unionized Employees 385 IR Today 12.3: Manitoba Government, Unions Heading to Court over Wage Freeze Bill 386

Management Issues Union Issues 388 Summary

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389

Key Terms

389

Discussion Qiestions Exercises

3 90

3 90

Case: The Case of the Ontario Office of the Registrar General

390

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Endnotes References

3 97

Appendix A: Collective Bargaining Simulation: Coastal Crops Ltd. (CCL)

400

Appendix B: Collective Bargaining Simulation: Two-Tier Contract at Community Grocery 412 Appendix C: Arbitration: The Case ofRobyn Andrews 418 Glossary

424

Index 429

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INTRODUCTION LEARNING OBJECTIVES AFTER READING THIS CHAPTER, YOU SHOULD BE ABLE TO • identify the similarities and differences among such terms as labour relations, human resources, employment relations, and industrial relations; • describe a systems framework that can be used to assess and understand industrial relations issues; • discuss the differing views in the field of industrial relations; • understand how this textbook is structured to follow the industrial relations system framework.

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ONTARIO COLLEGE STRIKE The subway stops, the chime sounds, the doors open, and Mike Johnston and Emily Wang enter the train and look for seats. They have about a 30-minute ride before they reach their stop for Ryerson, where they are both taking classes. Emily looks at Mike and says, "My roommate Maddi is so happy today. The college strike is finally over. The last five weeks have really been tough on her. She can't wait to get back to class at George Brown. She was afraid she would lose the entire semester." Mike nods, "Yeah, saw something about that on lnstagram." Pulling out his phone, he starts to scroll through some news articles. " ... the strike lasted about 5 weeks ... Faculty were on strike for pay, job security and issues related to the number of part-time instructors ... Yes, you 're right, there were concerns about whether the term would be lost. In fact, looks like the term has been extended by about two weeks to make up for the lost teaching time." Leaning over to look at his phone, Emily asks, "What else does it say?" Mike replies: "Let's see ... it says that the strike ended with back-to-work legislation and that any remaining issues will be solved by binding arbitration ... Seems that students can leave their programs for the next two weeks and get a full refund. Students can also apply for up to $500 to cover some of the costs they had to pay because of the strike. Wow ... says the colleges are paying for these refunds as they saved over 50 million dollars during the strike! You should see the comments posted on these stories. Some say faculty going on strike really hurt students, others saying that in the long run, the strike

Faculty walk the picket line at George Brown College.

will benefit students. What divided views! What else? I see discussion related to precarious employment, mediation, strike vote ... Do you know what any of these terms mean?" Emily says, "I really wish I better understood these issues. I have no idea about arbitration, back-to-work legislation, or strike votes-do you know much about this stuff?" Mike laughs. "Me? Studying mechanical engineering, I can tell you how this train operates, but I have absolutely no idea about any of this stuff." Sources: Chiose (2017); CTV News (20 November 2017); Huffington Post (201 7); Janus (2017); Jones (201 7); McGillivray, (2017).

11 WHAT IS INDUSTRIAL RELATIONS? strike an action by workers in which they cease to perform work duties and do not report to work precarious employment employment with limited security, lower wages, and less protection

While you may not realize it yet, issues related to this textbook occur all around you. Ifyou look at any media outlet, you will see news coverage oflabour disputes and strikes such as the Ontario college strike that opens this chapter. You will also see stories about employment discrimination, poor working conditions in developing countries, protests over the growing inequality between "good jobs" and precarious employment, issues concerning the strength of the economy as it relates to employment, and so on. Similar topics are often discussed among your friends and family in conversations concerning the pros and cons of different careers, jobs, and workplaces. Broadly speaking, all of these topics relate to employment. Relationships between employers and employees can be characterized in a number of ways. In this section of the book, we review and discuss a number of terms relevant to this course and provide recent examples for each. These include: • industrial relations • labour relations

2

Industrial Relations in Canada

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• human resources management (human resources) • employee relations • employment relations

INDUSTRIAL RELATIONS In academic circles, the term industrial relations is often used to describe a field of study that examines all employment issues and relationships between employees (and their union if they are unionized), employers (and managers who act on their behalf), and government agencies (as well as associated legislation and policies). Thus, it has been argued that industrial relations includes the study of union and non-union employment relationships. In practice, though, industrial relations has become synonymous with issues surrounding unionized employment relationships (e.g., Heathfield, 2018). For example, a recent job posting for the position of Senior Consultant Industrial Relations with CBC presents duties related to collective agreement interpretation and administration as well as collective bargaining-all issues pertaining to a unionized workplace (Senior Consultant Industrial Relations, 2015). Perhaps because of the narrowing view of the term, some academic programs have changed their name in recent years. For example, the former Master oflndustrial Relations (MIR) degree at the University of Toronto is now the Master oflndustrial Relations and Human Resources (MIRHR). In contrast, a similar program offered at Qieen's University continues to use the MIR designation (See IR Today 1.1.)

IR TODAY

union a group of workers recognized by law who collectively negotiate terms and conditions of employment with their employer industrial relations the study of employment relationships and issues, often in unionized workplaces collective agreement a written document outlining the terms and conditions of employment in a unionized workplace collective bargaining the process by which management and labour negotiate the terms and conditions of employment in a unionized workplace

1.1

INDUSTRIAL RELATIONS IN UNIVERSITIES Part of students' university experience is self-exploration and determining potential career interests. Since you will be studying the field of industrial relations this term, it's a good time to explore different programs and career options in the field. A number of programs in North America focus on employment relationships. We list some below.

University of Toronto's MIRHR program http://www. c i rh r. uto ronto. ca/prog rams/mi rh roverview University of Toronto's undergraduate employment relations program http ://dev3.wdw. utoronto .ca/i ndex. ph p/programs/ employment_relations/overview

English Programs Cornell University's ILR School http://www.ilr.cornell.edu McGill University's undergraduate industrial relations program https://www.mcgill.ca/indr/program-information Memorial University's MER program https://www.business.mun.ca/graduate/mer Queen's University's MIR program mir.queensu.ca

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French Programs L'Universite Laval- undergraduate and graduate programs https://www.rlt.ulaval.ca/?pid=431 L'Universite de Montreal-undergraduate and graduate programs http://eri.umontreal.ca/programmes-cours

CHAPTER 1 Introduction

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3

LABOUR RELATIONS labour relations the study of employment relationships and issues between groups of employees (usually in unions) and management; also known as unionmanagement relations

Labour relations refers to the relationship between groups of employees (usually labour unions) and their employers (including management groups). Consequently, the term is often considered interchangeable with union-management relations and has often focused on issues related to the union-management relationship (collective bargaining, collective agreements, collective agreement administration, etc.). Not surprisingly, Heathfield, when discussing careers, states that "labour relations staff members deal almost exclusively with unionized workplaces" and that they focus on issues related to collective agreements, collective bargaining, and conflict resolution (Heathfield, 2018).

HUMAN RESOURCES

human resources the study of the employment relationship between employers and individual employees

While labour relations examines employment relationships between groups of employees (usually in labour unions) and their employer, human resources focuses on the employment relationship between the individual employee and his or her manager or employer. This area, then, examines topics such as selection, compensation, and training. For example, a recent job posting for a Human Resources Manager with Air Rouge (Manager Human Resources, 2018) references the successful applicant's role in overseeing several human resources areas : recruitment and selection, compensation, performance appraisal, disability management, and so on. However, the posting makes no reference to unionization or union-management processes. Increasingly, jobs in this field are requiring applicants to have a professional certification in human resources. Such certification often requires a combination of a knowledge-based exam(s) and relevant experience. One such example would be the Chartered Professional in Human Resources (CPHR) designation, which is recognized today in nine provinces and three territories (CPHR, 2018). More details about human resources can be found in Chapter 6.

EMPLOYEE RELATIONS employee relations the study of the employment relationship between employers and individual employees, usually in non-union settings

employment relations the study of employment relationships and issues in union and non-union workplaces

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Like human resource management, the phrase employee relations has been used to describe relations between individual employees and their employers, particularly in the United States. In fact, in the labour movement, it has often been considered a strong antiunion term. In Canada, we hear the term used in various contexts, including in unionized workplaces. For instance, Alberta's Public Service Employee Relations Act relates to unionized public-sector employees, and some unions use the term employee relations in some of their staff titles. Likewise, the website of the Nova Scotia Government and General Employees Union (NSGEU) uses the term employee relations officers for some of its staff roles (NSGEU, 2016). Moreover, we see job postings where the focus seems to be on union- management relations (see the Employee Relations Specialist [2018] position with the BC Public Service) or, very broadly, on what can be considered human resources and labour relations tasks (see job posting for Employee Relations Manager, [2018] with BC Ferries). Given the diversity in perspectives concerning the term employee relations, it will not be used in this text.

EMPLOYMENT RELATIONS Employment relations is perhaps the newest term. It was proposed by Meltz (1997) to represent the comprehensive study of all employment relations (i.e., union and non-union). In many ways, it seems to encompass the academic term industrial Industrial Relations in Canada

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relations. The term is now being used more frequently in the academia. For example, U of T's Woodworth College offers an undergraduate employment relations program, and Memorial University offers a Master of Employment Relations (MER) degree (see IR Today 1.1). Similarly, the 70-year-old academic organization formerly known as the Industrial Relations Research Association (IRRA), recently changed its name to the Labor and Employment Relations Association (LERA). The organizations' website highlights that LERA's membership includes " .. .professionals interested in all aspects of labor and employment relations ... " examining what can be considered both union and non-union issues (LERA, n.d.).

INDUSTRIAL RELATIONS AND THIS TEXTBOOK Because there are a variety of terms representing different fo rms of employment relationships, it is important that we map out the focus of this text. All three authors of this text have been educated in the field of industrial relations and, more specifically, completed graduate education centred on the broader definition of industrial relations as the comprehensive study of all employment relationships (both union and non-union). Thus, we use industrial relations frameworks to examine issues relevant to this text. In addition, the focus of much of this text will be on labour relations. For example, you will see chapters examining collective agreement administration, collective bargaining, strikes, and so on. To better understand some of the core industrial frameworks used to examine employment relationships, we now turn to a discussion of the industrial relations system framework that grounds this text.

11 THE INDUSTRIAL RELATIONS SYSTEM Unlike other courses you may have taken, the field of industrial relations is relatively new. It is an interdisciplinary field that encompasses knowledge and scholars from a broad range of subject areas (e.g., business, economics, law, history, sociology, psychology, and political science) to examine employment relationships and issues. For example, business scholars may look at the impact of collective agreement language on management flexibility; scholarship on economics may examine the impact of unions on wages; scholarship on law may examine the impact oflegislation on access to unionization ; scholarship on history may examine the evolving and historical nature of employment relationships and collective representation; scholarship on sociology may examine the dynamics and processes involved in workgroups; scholarship on psychology may look at issues related to employee satisfaction and motivation to unionize; and scholarship on political science may examine issues related to the roles of unions in the political process. Given the broad scope of the topic, attempts to build unifying frameworks and theories are relatively new, dating back only to the 1950s. In this section, we present the two most commonly used system frameworks in North America- namely, that of American John Dunlop and that of Canadian Alton Craig.

DUNLOP'S INDUSTRIAL RELATIONS SYSTEM MODEL John Dunlop was one of the first scholars to develop a systematic method for analyzing employment relationships in North America. This model consists of actors, a shared ideology, and contexts, as well as a web of rules.

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ACTORS When Dunlop studied employment relationships and issues, he described three distinct actors. SPECIALIZED GOVERNMENTAL AGENCIES The role of this actor is to develop, implement, and administer legislation and policies pertinent to the employment relationship. AHIERARCHY OF MANAGERS AND THEIR REPRESENTATIVES This actor represents the business owners as well as the managers hired to run the business. The role of this actor is to manage the workers and workplace in question. In North America, we often look at a single management actor within a single organization when examining an employment relationship. For example, a recent news story discussed the unionization of flight attendants within a single organization, namely, WestJet (Stephenson, 2018). Yet there are also a number of associations that represent groups of employers. One example would be the College Employer Council (2018), which negotiated for all management groups of all colleges during the Ontario college strike case referenced at the start of this chapter. A HIERARCHY OF WORKERS (NONMANAGEMENT) AND ANY SPOKESPERSONS This actor represents the nonmanagement workers in the employment relationship and any relevant associations. In most cases, these associations consist of labour unions representing the workers.

SHARED IDEOLOGY Dunlop (1958, p. 16) defined shared ideology as "a set of ideas and beliefs commonly held by the actors that helps to bind or integrate the system together as an entity." This shared ideology was seen to define the role and function of each of the actors and required that all three actors respect and value the roles of the other two.

CONTEXTS D unlop envisioned that the three actors might be influenced by any of several environmental contexts. MARKET AND BUDGETARY CONSTRAINTS While Dunlop focused mostly on the product market, he saw two key areas as critical to the employment relationship: product and labour. As we will discuss in Chapter 5, unions seek to influence both the supply of and the demand for labour. In so doing, unions can impact the wages employees earn, as well as the final cost of the product/ service that is produced by the organization. Thus, the issue of budgetary constraints becomes important, particularly for the actor of management, as we discuss in Chapter 6. TECHNICAL CHARACTERISTICS OF THE WORKPLACE AND WORK COMMUNITY This context focuses on how work is structured and performed, including such factors as the processes used to produce goods and services, the stability of the workforce and operations, the size of the

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workgroup, job tasks, hours of work, and the technology/machinery used. As you will see in Chapter 8, many of these factors become the foundation for language in collective agreements. DISTRIBUTION OF POWER IN THE LARGER SOCIETY This context examines the power relations

among the actors within a particular employment relationship in the broader society. In particular, Dunlop (1958, p . 11) noted that the distribution of power among the actors reflects "their prestige, position, and access to authority figures within the larger society [that] shapes and constrains an industrial relations system." As we discuss in Chapter 7 when we consider collective bargaining, power is important because the actor with the most power will have the greatest ability to influence both the dynamics of the employment relationship and the terms and conditions of employment.

WEB OF RULES Perhaps the most complicated and contested element of Dunlop's system is the web of rules. According to him, the employment relationship consisted of a web of rules that outlined the rights and responsibilities of the actors in question. More specifically, he presented three key elements concerning rules. PROCEDURES FOR ESTABLISHING RULES This element focuses on the processes used for

making the rules and on who has the authority to make and administer the rules that govern the workplace. SUBSTANTIVE RULES These rules pertain to outcomes of the employment relationshipfor example, for the employee, compensation, job and performance expectations, and worker rights and duties. As we discuss in Chapter 8, collective agreements often contain language related to the elements of pay, performance, and rights of the parties. PROCEDURAL RULES Dunlop envisioned procedural rules as those rules that could

determine and/or apply substantive rules- for example, rules concerning how wages are determined, rules concerning work schedules, and rules concerning how an employee is able to use or earn vacation time. Not surprisingly, such procedural rules in unionized workplaces are often included in collective agreements (see Chapter 8).

CRITICISMS OF DUNLOP'S INDUSTRIAL RELATIONS SYSTEM As outlined by several authors, there has been considerable debate concerning the merits of Dunlop's systems approach (Craig, 1988; Hyman, 1989; Kochan, Katz & McKersie, 1986; Meltz & Adams, 1993; Wood et al., 1975). Criticisms ofDunlop's systems approach follow. First, the model is descriptive in nature, as it essentially consists of a classification system. Thus, while it allows us to examine an industrial relations issue, it lacks the ability to predict outcomes and/or relationships. Second, the model underes timates the importance of power and conflict. For example, the model assumes the concept of shared ideology- that all actors see a

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feedback loop the mechanism by which outputs of the industrial relations system flow back to the external environment

legitimate role for each of the three actors. As we will see in greater detail in Chapter 6, many scholars are questioning this concept of shared ideology, particularly as it relates to the importance and role of labour unions. Third, the model is static in nature. At no point does it examine how events in one employment relationship can impact other employment relationships, or even the same relationship at a later time. Fourth, the model cannot explain the rapid decrease in unionization, particularly in the United States. Rather, the framework is often assumed to ground itself in the premise that unionized workplaces are the norm. In summary, Dunlop's model is a classic work in the field of industrial relations that will continue to be studied for years to come. However, as is often the case with the first model in any discipline, it has been, and will continue to be, expanded upon by subsequent work. In the Canadian context, one of the most studied expansions of Dunlop's model is that of Craig (1967, 1988; see also revision in Craig & Solomon, 1996). Readers familiar with the sciences will note that Craig's model is similar to the systems models used in biology. In biology, we see that a plant takes air from the environment and, through a series of internal conversion systems, takes the carbon dioxide it needs and then releases oxygen back into the environment. Similarly, in Craig's model, we see that the industrial relations actors take elements from the external environment and convert these inputs into outputs through a series of conversion mechanisms. These outputs then flow back into the environment through a feedback loop. Figure 1.1 shows our adaptation of Craig's model. As this expanded systems framework will form the basis of this textbook, we will now take time to walk through it.

EXTERNAL INPUTS The left-hand side of the model shows that several external inputs (or environmental subsystems) are important elements of the industrial relations system. These inputs can be legal, economic, ecological, political, or sociocultural.

LEGAL SUBSYSTEM In Chapter 4, we more fully discuss the importance of the legal subsystem in industrial relations. In brief, three areas oflaw are key to the study of employment relationships: • common law, which is the earliest form of employment law and applies to nonunion employment relationships; • statutory law, or laws pertaining to both union and non-union employment relationships; they include minimum employment standards (e.g., minimum wage) and employment discrimination (e.g., discrimination based on race, gender, and sexual orientation); and • collective bargaining law, or legislation pertaining to unionized employment relationships.

It is also important to note that Canada has a decentralized legal framework, with most provinces having their own provincial laws. Except for industries key to national safety and security (e.g., communications, interprovincial transportation, railways, airlines, banks), most workplaces fall under provincial legislation. As such, the Ontario college

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External Inputs (External Subsystems) Legal •Common Law • Statutory Law • Collective Bargaining Law Economic • Product/ Service Market • Labour Market • Money Market • Technology

Ecological •Climate • Natural Resources • Physical Environment

Political • Legislative Action • Executive Action Sociocultural •Values

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Actors

Labour (Employees & Associations)

Employers & Associations

Government & Associated Agencies

End Users

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Internal Inputs Values

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Conversion Mechanisms

Collective Bargaining

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Grievances

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Goals

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Strategies

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Power

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Day-to-Day Relations

Third-Party Dispute Resolution Interventions • Interest Arbitration •Mediation • Grievance Arbitration • Conciliation/ Fact-Finding •Mediation/Arbitration Joint Committees

Strikes/Lockouts

Feedback Loop