INSTRUCTOR'S MANUAL Claude J. Dupuis Athabasca University Casey Hellawell WC Hellawell Consulting Services Inc.
Canadian Labour and Employment Relations Sixth Edition
Morley Gunderson University of Toronto Daphne Taras University of Calgary
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Contents Chapter 1
Canadian Labour and Employment Relations
1
Chapter 2
Understanding the Unionization Decision
8
Chapter 3
Labour History and the Development of Modern Capitalism
Chapter 4
17
Unions: Membership, Structures, Actions and Challenges
27
Chapter 5
The Management of Industrial Relations
37
Chapter 6
Managing the High-Involvement Workplace
45
Chapter 7
Social, Political, and Economic Environments
57
Chapter 8
Collective Bargaining Legislation in Canada
69
Chapter 9
The Individual Employment Contract and Employment Legislation in Canada
80
Chapter 10 Collective Bargaining: Structure, Process, and Innovation
92
Chapter 11 The Collective Agreement
104
Chapter 12 Strikes and Dispute Resolution
117
Chapter 13 The Grievance Arbitration Process and Workplace Conflict Resolution
131
Chapter 14 Union Impact on Compensation, Productivity, and Management of the Organization
142
Chapter 15 Public-Sector Collective Bargaining
151
Chapter 16 Union–Management Relations in Quebec
162
Chapter 17 Trade Unions and Labour Relations Regimes: International Perspectives in a Globalizing World
173
Appendix A Fine Family Foods Bargaining Simulation
182
Appendix B Arbitration Cases and Simulations
199
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Preface This Instructor’s Resource Manual represents a significant addition to what I have always considered the best industrial relations textbook available in Canada. The manual’s design reflects a fusion of the needs of students and their instructors. Its content was beta tested on third year undergraduate business students at the University of Lethbridge. Chapter Overviews Instructors are as limited by time as their students. The overviews provide a quick thumbnail sketch of the content of each chapter, enabling instructors to quickly decide how best to use the subject matter for teaching purposes. The overviews also provide a jumping off point when introducing a chapter or lecture. Chapter Notes Chapter notes were carefully written to encapsulate the most germane concepts in each chapter. Concepts and discussion points are in many cases explained using a different perspective and writing style than in the text. In other words, the notes in the Instructor Resource Manual provide a complimentary way of conveying the material found in the text. The goal from the onset was to write a companion resource and not simply an annotated summary of the text. ®
Another unique feature of this resource manual is the embedding of PowerPoint presentations within the notes. The slides were carefully placed within the text to provide ideal segues between discussion and presentations. The purpose of this approach is to enhance the flow of your lectures. Class Activities Keeping students engaged in the material is a challenge in any class. Suggested films along with important information such as duration and synopsises are included to facilitate your teaching. In addition, two appendices are included, which contain a simulation, and several arbitrations exercises. All of these have been used by Allen Ponak and Daphne Taras and in my own classes over the years with tremendous success. Microsoft® PowerPoint® Presentations ®
Your students will appreciate the 220 PowerPoint slides that capture the major concepts in each chapter. These were developed using geometric shapes and objects that aid the learning process. Every overhead contains crisp vibrant colours meant to draw and focus the attention of students. Every effort was made to avoid boring formulaic bulleted lists wherever possible. In some instances, you will notice slipped-in humour, which the more observant students will likely pick up. This is in keeping with my teaching philosophy that, “learning is fun and not a chore.”
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Test Items The textbook is used at a variety of post secondary institutions from the introductory college to the graduate-level. The test items were written in consideration of the unique pedagogical needs of instructors teaching at any level. The test bank contains over 450 carefully written questions classified into three categories: 1) Within-the-text, 2) challenge, and 3) beyond-the-text. The questions were written by Claude Dupuis and have been used and refined in the classroom over the years. Within-the-Text Questions are designed to test comprehension of chapter material. These questions are compatible with a wide variety of assessment instruments, and class discussions. The questions in this category come with page references and in some cases suggested answers. Beyond-the-Text Questions provide opportunities for students to stretch beyond the material in the book and indulge in research. These questions touch on important topics that lend themselves to group presentations or papers. Instructors with graduate and senior-level students will benefit from the challenge questions, which are meant to test advanced learners. Challenge Questions were written to be suitable for term projects, or extended class discussions. Many of the questions are provocative in nature and may elicit strong responses and opinions from students. In some cases, these questions challenge the information provided in the text itself. This is the foundation of academic debate, which students do not often have the opportunity to experience. The answers that students provide for these questions will give you insight into their higher-order cognitive reasoning skills. The value is in the quality and construction of their positions rather than the correct answers.
Acknowledgments The completion of this Instructor Manual required a sizeable infusion of dedication, perseverance and faith. Throughout this project, Allen Ponak was a tremendous source of inspiration for which I am eternally grateful. I am also indebted to Daphne Taras, and Morley Gunderson for providing valuable feedback, which I incorporated within these pages. I would also like to acknowledge the assistance I received from Pamela Voves at Pearson Publishing. Last but not least, I would like to thank the contributions of my many undergraduate business students at the University of Calgary and the University of Lethbridge. Every year I teach them, they teach me. This instructor manual is a testament to teamwork among colleagues who truly respect and value each other’s work and contributions in the field of industrial relations. For my part, it was an honour and a privilege to work alongside consummate professionals who share my passion for teaching and learning.
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Instructor’s Manual to accompany Gunderson/Taras, 6e
Chapter 1
Canadian Labour and Employment Relations Chapter Overview In some ways the introductory chapter of any textbook is perhaps the most important for students. Typically, this is where authors orient students and prepare them for what is to come. To some extent this text is no exception. The vignette serves to humanize, or make practical, the field of industrial relations for readers. What student cannot identify with holding down, for lack of a better word, a lousy job with low pay, no benefits, and less than ideal working conditions? Such a less than pleasant, hopefully temporary employment situation typifies what industrial relations is about; namely, all aspects of the employment relationship.
Some important developments in industrial relations are highlighted, including the growing diversity of the Canadian labour force. The 2007 decision of the Supreme Court of Canada illustrates how the legal view of industrial relations has evolved within the context of the Charter of Rights and Freedoms. After some basic terminology is addressed, the dominant approaches, or “schools,” in Canadian industrial relations are explained and expanded upon. The first is the systems theory perspective with its model of industrial relations and the second is the political economy approach. The basic tenets and criticisms of each approach are highlighted. The field of human resources management (HRM) is introduced and compared with that of industrial relations. The similarities and four main differences are discussed in order to give students a stronger conceptual grasp of the diversity of perspectives that are found in industrial relations. Often, the solutions proposed by various stakeholders to resolve workplace issues or problems are the direct result of their respective perspectives, or underlying ideologies, about what the employment relationship means to them. Conceptually-speaking, we can think of these stakeholders as belonging to distinctive ideological “camps” within the industrial relations system. To further strengthen students’ understanding, they are introduced to the critical ingredients of Canadian industrial relations such as decentralization, our distinctive values, multi-party system, and the significant contributions of Mackenzie King. The influence of United States and the differences between the two countries are highlighted. The chapter ends with important points about the changing nature of the workplace and the resulting effects on individual workers in Canada, as well as a summary of three major challenges facing Canadian industrial relations.
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