Rose 2004 employment relationship and collective bargaining

rose 2004 employment relationship and collective bargaining

of unions and the increasing individualisation of the employment relationship. .. worked shifts rose between and , from 24% to 32%. Shift- working. In employee relations the trade unions are the organizations which play very vital role in the For example, in January , the workers in Land Rover at Solihull (West As part of employee involvement Rose () note that downward. Keywords Canada, collective bargaining, labour legislation, public sector analytic framework of the employment relationship (Budd, ).

This paper argues that public sector collective bargaining entered a new stage of development around The post-retrenchment period or what is referred to as the consolidation stage was marked by economic expansion, the restoration of fiscal stability among the senior levels of government and increases in public employment.

rose 2004 employment relationship and collective bargaining

Under these conditions, governments and public sector employers sought to consolidate the gains they achieved during the retrenchment years through legislation and hard bargaining.

Public sector unions attempted to improve their position by increasing membership and negotiating catch-up wage settlements.

Based on a review of selected collective bargaining indicators, employers appear to have consolidated their gains from the retrenchment years. Article body The s was a time of profound change in public sector labour relations. The paper is divided into four parts.

rose 2004 employment relationship and collective bargaining

The first section traces the evolution of public sector bargaining in Canada over the past forty years. It begins by describing the emergence and development of public sector collective bargaining in the s. At that time, the Canadian model was considered permissive, especially in regard to the right to strike. However, a more restrictive approach began to emerge in the s and continued in the s.

rose 2004 employment relationship and collective bargaining

As was the case in other advanced industrial countries, the public sector in Canada experienced significant retrenchment and restructuring during the s Beaumont The second section explores the emergence of a new stage of public sector bargaining aroundi. This change was brought about by economic expansion and the improved fiscal position of senior levels of government.

Next, the paper considers the impact of improvements in the climate for bargaining on selected collective bargaining indicators during the consolidation stage. These include union growth, bargaining structure, the bargaining process and bargaining outcomes.

Public Sector Bargaining : From Retrenchment to – Relations industrielles – Érudit

In the final section, the implications of the findings are discussed. The Evolution of Public Sector Barganing: An Overview Most observers submit that public sector bargaining has gone through three stages of development Ponak and Thompson During this period, there was a transformation in public sector labour relations.

The period was marked by the adoption of enabling legislation. Initially, this led to the spread of collective bargaining among federal and provincial government workers and subsequently to employees in the broader public sector, e. There was a rapid expansion of public sector union membership in response to new collective bargaining laws.

Union growth was sustained by the expansion of public employment and union security arrangements. From the outset, the scope of bargaining has been narrower in the public sector than in the private sector.

Various federal and provincial statutes restricted bargaining over the organization of the public service e. That said, there were no significant restrictions imposed on public sector bargaining during the expansionary years. The federal government introduced wage and price controls the Anti-Inflation Program in an attempt to stem high rates of inflation in the mids. The Anti-Inflation Program constrained collective bargaining for a three-year period and established annual wage guidelines albeit flexible ones.

The controls program restrained wages in two ways: As discussed below, this program differed from the restraint measures adopted in the s and s in that it was a broad initiative aimed at controlling both prices and wages. Although wages constitute one of the most important issues in bargaining, this was a relatively benign intrusion into collective bargaining in so far as it was limited to constraining negotiated compensation gains for a fixed period of time. Further, while it provided for a review of negotiated wage settlements, it did not suspend collective bargaining i.

As well, collective agreements reached prior to the commencement of the controls program were not rolled back. This initiative, which was followed in varying degrees by most of the provinces, specifically targeted the public sector.

Accordingly, governments argued it was essential to introduce wage controls once again. The federal government believed that imposing restraints on public sector pay increases would set the tone for restraining private sector wage bargaining. At the federal level, the government imposed a wage ceiling of 6 percent on settlements for fiscal year —83 and 5 percent for the following year. In actual point of fact, settlements of 6 and 5 percent became the norm.

While the legislation was described as a compensation restraint measure, it went much further than that.

It unilaterally extended collective agreements for a period of two years, thereby suspending collective bargaining. However, some jurisdictions were less intrusive in New Brunswick there was a voluntary wage freeze in exchange for no layoffsothers were more intrusive.

In British Columbia, twenty-six laws were passed covering compensation restraints, other industrial relations matters and social welfare. This represented a major departure from the national pattern of imposing public sector wage restraints.

Of particular note was the Public Sector Restraint Act, which granted employers the right to terminate employees without regard to job security. Following protests and negotiations between Operation Solidarity and the government, an agreement was reached granting exemptions from the restrictions on bargaining rights Thompson ; Panitch and Swartz The adoption of public sector wage restraint measures was justified both in terms of the need to thwart inflation and to gain a measure of stability in the wake of a major recession.

They were also viewed as a forerunner of more permanent and restrictive changes to public sector bargaining Swimmer During the remainder of the s, wage settlements were moderate, even after wage restraints were removed, and strike activity declined. There was also a slowdown in the rate of growth of public employment and public sector union membership expansion slowed as well.

In the wake of a severe recession and escalating budget deficits, government policies increasingly relied on market forces Ponak and Thompson These policies can be distinguished in several ways from the wage restraint measures of the s. First, they were not introduced in response to rampant inflation. Rather, governments were concerned with controlling expenditures, reducing budget deficits and addressing public debt.

Second, the various measures adopted were not limited to compensation restraints. Given the determination to reduce costs, the issues were far broader. They included downsizing, restructuring and redefining the role of government and the delivery of public services Warrian Whereas most of the changes that were made in the s involved unilateral legislative action, in almost all instances, legal infringements were once again largely confined to compensation issues.

Nevertheless, where compensation restraints were adopted, they were often more onerous. They included wage freezes, wage rollbacks, the extension of collective agreements and unpaid leaves of absence. Clearly, unilateral legislative action became the method of choice by governments for regulating public sector collective bargaining. A comprehensive analysis of government restraint and restructuring at the federal and provincial government levels found that 11 of the 15 governments in power in the s relied on legislative action exclusively or in conjunction with adversarial bargaining to achieve their objectives Swimmer The legislative approach was preferred over adversarial bargaining and labour-management cooperation because it offered the prospect of fast and reliable results.

A prime example of this was the Social Contract experience in Ontario. After failing to achieve a consensus with public sector partners on an agreement to provide job security in exchange for expenditure reductions, the government adopted a coercive strategy and passed the Social Contract Act Hebdon and Warrian Moreover, the legislative approach was supported by the business community and financial markets, and was sellable to the general public.

Legislative measures included restrictions on the right to strike, wage restraints freezes, rollbacks or limited increasesthe extension of collective agreements, unpaid leaves of absence, and suspending access to interest arbitration federal sector or altering arbitral criteria and the process for appointing arbitrators Rose There were also several high-profile laws which limited or foreclosed bargaining over matters related to job security.

Such measures were directed at strong job security agreements reached through bargaining or consultation. Mounting deficits prompted governments to adopt legal measures to weaken job security arrangements that were seen as barriers to achieving significant job cuts.

The WFAD, which was developed in the National Joint Council NJC and evolved over three, three-year plans —provided a guaranteed reasonable job offer to permanent employees declared surplus. After concluding that the WFAD was incompatible with its need to downsize, the federal government decided not to renew the reasonable job offer.

Instead, it instituted changes to the WFAD after announcing plans to cut 45, public service jobs in Although the initial intent was to temporarily suspend the WFAD, it was permanently modified in several ways, including: A less direct, but nonetheless significant attempt to undermine job security involved Ontario teachers in Although the government stated its rationale was to have teachers spend more time in the classroom instructing students, it later conceded the purpose was to reduce teaching positions and expenditures Rose In addition to these legal restrictions, governments increasingly sought to control bargaining outcomes by imposing restrictions on interest arbitration.

In Ontario, several controversial laws altered traditional arbitral criteria and the process for appointing arbitrators. This led to a legal challenge to the appointment of retired judges to chair arbitration boards. Inthe Supreme Court of Canada held that the appointment of retired judges as interest arbitrators was patently unreasonable, noting that arbitrators were to be selected from candidates who were qualified in terms of their impartiality, expertise and general acceptability in the labour relations community C.

The impact of the retrenchment years was profound. Reductions in government spending contributed to the curtailment of public services and to a decline in public employment Peters As a result, there was little opportunity for union growth and some unions suffered membership losses. Further, the Marxist perspective gives different reasons of bringing about conflict Campbell, However, organizations ensure to maximise the effort exerted by their employees and keep wages to the minimum and in contrast employees will have the opposite agenda.

The precondition of good working conditions determines unnecessary industrial conflicts, balanced wages and working practices toward consistent economic and social needs Werhane, Radin and Bowie, Industrial perspective on employment relations deals with the problem of employment, conditions of work, pay, security and other issues such as labour grievances, trade disputes and their resolution within the framework of rules and regulations, mutually by employer and employees Houseman and Koshiro, Alternatively, collective bargaining can therefore be described as the industrial machinery for determining wages and conditions of employment with a view to improve the quality of working life of the employees.

It is also encourages the power of the union to enter contract with management to determine the terms and conditions of service of its members as well as establish the procedure to handling disputes Herriot, HRM approach on employment relations provides motivation, commitment to maximize productivity by using human resource within good working conditions.

It is also gives strategic approach to improve loyalty and morality in the workplace Kaufman, Human resource perspective emphasizes teamwork, flexibility in working arrangements, and harmonizes terms and conditions for all employees of the organization Rosenthal, Sociological perception develops industrial culture by providing techniques to achieve management goals. It is also demonstrates to build new relationship and influence social factors for examples, rationality, and customs in the organization Herriot, Further, Sociological and Psychological approaches encourages industrial development by minimising conflicts between employers, employees and trade unions and also handles human resource issues Brewster and Mayrhofer, Therefore, it may causes conflict between trade unions and employers which results disputes and might not be solved by negotiation and also used as a bargaining weapon Daniels, According to Gouldnera strike is a social phenomenon of enormous complexity, which in its totality is susceptible to complete explanation.

It is a very visible weapon and can be very powerful if the strikes represent irreplaceable workers or if the production loss incurred by the employer during the strike is very significant Fajana, However, strikes help management to take trade unions as serious institutions for negotiations purpose.

On the other hand, from the employer perspective strikes therefore identified four categories of cost arising from the shortfall in expected earnings. These are prestrike cost, cost during the strike, long-term cost and uncommon cost. Thus, the cost of the strikes to the employer is so great that it should be enough consideration to warrant the adoption of timely treatment of conflicts before the strike action is involved CIPD, ; Fajana, Picketing is a lawful and official form of industrial action which may represents protest against terms and conditions of their employment contract Taylor and Emir, It may also happen when job allocation, disciplinary matters and trade union recognition disputes arise between employers and workers.

Normally, it is carried out by individuals when any disputes occurred in the workplace. Trade unions members may participate to coordinate and communicate between employers and Page 4 of 12 picketers in order to solve disputes.

Employee relations, Industrial action, Employee voice | Shailendra Bhowmik -

The basic rule of carrying picketing is to undertake lawfully and purposes of picketing must be ensured at place of work. According to Webb and Webbcollective bargaining is one of the methods for trade unions which can apply to achieve goals and improves employment benefits by reducing industrial conflicts. They also suggested that, mutual insurance which is the provision of benefit payments also helps to resolve industrial actions who are involves with strikes, sickness or unemployment.

Further, legal enactment improves legislation of the organization for examples; discipline, reward, or training and protects employment rights for examples; discrimination, favouritism, arbitrary decision making between management and employees.

rose 2004 employment relationship and collective bargaining

On the other hand, negotiation is an on-going relationship for commercial purpose and carried out by authorised representatives therefore balance of power in the employment relationship between employers and employees reduced the conflicts and resolve industrial action Daniels, Conciliation helps to identify negotiation process by determining causes and differences to establish solutions mutually of the organization.

However, the conciliator conducting negotiates and reaches further by imposing and compromising agreements between all the parties. Mediation process introduces and establishes creditability to gain trust and acceptance between disputing parties for examples; employers, employees or trade unions. It is also discovers disputes and identify obstacles for possible settlement Dibben, Klerck and Wood, However, mediation process steering the negotiations to determines compromises and proposals and also identify solution.

It helps to move final settlement by finalizing proposals and encourages settling disputes ACAS, ; Moore, Arbitration process comes to resolve disputes when it may not be solved by conciliation and mediation before.

However, Arbitration involves with right and interest disputes during collective Page 5 of 12 bargaining process and helps to solve the disputes completely by giving final solution Dibben, Klerck and Wood, Employee voice is the joint consultation of deflect problems and enhance employees performances to participate in decision making process of an organization.

According to Boxall and Purcellemployee voice gives empowerment to the employees and enables them to take decisions to improve organizational performance. Employee voice demonstrates the collective bargaining and consultation in the industrial relations Boxall and Purcell, According to Wilkinson unions play vital role in the labour market in terms of voicing employee issues for examples; financial benefits, health and pensions issues in order to provide effective communication and negotiation between management and employees.

They are also works as institutions of collective voice and as negotiator of strengthening workers communities in collective forums Wunnava, Employee voice expresses formal information by two forms of joint consultation Joint Consultative Committees and Works Councils and informal information by managers, supervisors.

These mechanisms jointly concerns about negotiations, right and fair decisions, or leads management to make discussions through representatives. However, joint consultation ideas are equally benefitted for management and employees perspective and resulted weakness for employee representation in unionised structured firms Wilkinson, Further, it helps management to increase productivity and commitment to achieve organizational goals.

It is also influence management to identify specific solutions to problems, reduce operational problems by retaining right to decide final outcome without joint agreement and consultation with the employees or representatives Benson and Brown, Organizational Performance might be productivity.

It might be employee discretionary effort among others while some evidence shows links to commitment, satisfaction or engagement, other evidence also points to the fact that many organisations do not keep adequate records to validate the performance link, even though this is what they claim. Thus there is a cause and effect relationship that is not as strong as many claims make Wilkinson, Employee participation and involvement helps to enhance job satisfaction and reduce organizational conflicts.

It is also increases productivity by sharing proper communication Freeman and Medoff, However, Employee voice analyses psychological contracts by exchanging services and compensation between management and employee. It is also ensures collective manifestation by introducing management training modules which helps organization to do better performance and stay in sustainable trend. Further, training and education develops organizational development through management practices, industrial democracy and employee unity and also generate more profitability Smither, Moreover, employee satisfaction, commitment, empowerment enables high levels of performance rather than compensation or benefit.

They are producing some best loved brands in this region. Moreover, this academy enables opportunities for the employees to develop functional expertise and leadership skills to drive the sustainable business in their lifetime learning period.

They also recognised that traditional interview pattern needs to be replaced for entry level applications by adopting new recruitment methodology Nestle UK, Disciplinary policies and procedures are equally important for all organizations so that employer and employees may develop their performance, as a result, they will understand expectation from the employers perspective and also consistent failures will identify the employees set of standards in the workplace Dibben, Klerck and Wood, According to CIPDdisciplinary procedures provide fair and consistent treatment to resolve discipline issue informally by developing rules and procedures.

There are some steps need to be taken to resolve disciplinary issues for examples; keeping written records, dealing fairly with formal disciplinary action, establishing the facts, arranging meeting and allowing employee participation, appealing opportunities for the employees.

They never be compromised with laws and regulations and their employees bound to follow internal and external rules and regulations. Therefore, they will solve the situation in a fair and transparent manner according to compliance system.


They also take strong action against bribery and corruption and charges criminal offence if any employees directly or indirectly involves with that.

Therefore, written statement will be reviewed with employees file and send it to seek management decision Nestle UK, Disciplinary meeting will be held in order to prior to take decisions between management, HR department and compliance team.

Top level management and human resource department will be conducted appeal and set standard procedures to follow the decisions Nestle UK, This report examined the factors affecting performance in the workplace including the nature of conflict in work organizations and also described about aims, structure, and function of the employer, employees and trade unions.