4BC3 - Winter 2016 - 1 of 8
Commerce 4BC3
Collective Bargaining
Winter 2016 Course Outline
Human Resources
DeGroote School of Business
McMaster University
COURSE OBJECTIVE
The purpose of this course is to give students an appreciation of the context, process and
outcomes of collective bargaining in Canada today.
INSTRUCTOR AND CONTACT INFORMATION
Tuesday 2:30 – 5:20
Dr. J. Rose
Instructor
[email protected]
Office: DSB/407
Office Hours: Mon. 3:30 – 4:20pm
OR by appointment
Tel: (905) 525-9140 x23951
TA
Megan Murphy
[email protected]
Office: DSB
Office Hours: TBA
Tel: (905) 525-9140 X26179
COURSE ELEMENTS
Credit Value:
3
Avenue: Yes
Participation: No
Evidence-based: Yes
Leadership: Yes
Ethics: Yes
Innovation: No
Experiential: No
IT skills: No
Numeracy: Yes
Group work: Yes
Final Exam: Yes
Global view:
Written skills:
Oral skills:
Guest speaker(s):
Yes
Yes
Yes
No
COURSE DESCRIPTION
This course provides a detailed examination of the institution and process of collective
bargaining. Topics include the evolution of bargaining, theories of bargaining power and
behaviour, and the relevant legislative framework. The range of bargaining issues is described
along with the problems incurred through the consolidation and fragmentation of bargaining
units. The impact of unions on wage rates and management is examined in detail. Consideration
of the grievance and arbitration process is examined in regard to its role in the application and
interpretation of agreements. Additionally, specific collective bargaining systems are examined
in greater detail with particular emphasis on changes in labour-management relations.
Occasionally, there will be class discussions based on an actual collective bargaining situation or
a comparison of selected collective agreement clauses. The discussions will be based on class
handouts.
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REQUIRED COURSE MATERIALS AND READINGS
4BC3 CUSTOM COURSEWARE (CC)
 Purchase a copy at the bookstore.
EVALUATION
Components and Weights
Midterm
30%
Final Exam
40%
Bargaining Game
30%*
Total
100%
*The evaluation of the bargaining game will be based on a bargaining game report that each
team will have to prepare. It is due no later than Wednesday, December 4, 2013. Late papers
will be penalized 20% per day.
Conversion
At the end of the course your overall percentage grade will be converted to your letter grade in
accordance with the following conversion scheme.
… please note that the Commerce grade conversion is …
LETTER GRADE
A+
A
AB+
B
B-
PERCENT
90 - 100
85 - 89
80 - 84
77 - 79
73 - 76
70 - 72
LETTER GRADE
C+
C
CD+
D
DF
PERCENT
67 - 69
63 - 66
60 - 62
57 - 59
53 - 56
50 - 52
00 - 49
Communication and Feedback
Students that are uncomfortable in directly approaching an instructor regarding a course concern
may send a confidential and anonymous email to the respective Area Chair or Associate Dean:
http://www.degroote.mcmaster.ca/curr/emailchairs.aspx
Students who wish to correspond with instructors or TAs directly via email must send messages
that originate from their official McMaster University email account. This protects the
confidentiality and sensitivity of information as well as confirms the identity of the student.
Emails regarding course issues should NOT be sent to the Administrative Assistant.
Instructors should conduct an informal course review with students by Week #4 to allow time for
modifications in curriculum delivery. Instructors should provide evaluation feedback for at least
10% of the final grade to students prior to Week #8 in the term.
4BC3 - Winter 2016 - 3 of 8
Students who wish to have a course component re-evaluated must complete the following form:
http://www.mcmaster.ca/policy/Students-AcademicStudies/Form_A.pdf
In order for the component to be re-read:





the component must be worth 10% or more of the final grade in the course
students pay a fee of $50 in Gilmour Hall #209 (receipt is then brought to APO)
the Area Chair will seek out an independent adjudicator to re-grade the component
an adjustment to the grade for the component will be made if a grade change of three points
or greater on the 12 point scale (equivalent to 10 marks out of 100) has been suggested by the
adjudicator as assigned by the Area Chair
if a grade change is made, the student fee will be refunded
ACADEMIC DISHONESTY
It is the student’s responsibility to understand what constitutes academic dishonesty. Please refer
to the University Senate Academic Integrity Policy at the following URL:
http://www.mcmaster.ca/policy/Students-AcademicStudies/AcademicIntegrity.pdf
This policy describes the responsibilities, procedures, and guidelines for students and faculty
should a case of academic dishonesty arise. Academic dishonesty is defined as to knowingly act
or fail to act in a way that results or could result in unearned academic credit or advantage.
Please refer to the policy for a list of examples. The policy also provides faculty with procedures
to follow in cases of academic dishonesty as well as general guidelines for penalties. For further
information related to the policy, please refer to the Office of Academic Integrity at:
http://www.mcmaster.ca/academicintegrity
REQUESTING RELIEF FOR MISSED ACADEMIC TERM WORK
Students may request relief from a regularly scheduled midterm, test, assignment or other course
component in the following ways:
a)
b)
c)
for absences from classes lasting up to three (3) days; or
for absences from classes lasting more than three (3) days.
for conflicts arising from Student Experience - Academic Office approved events
a)
For absences from classes lasting up to three (3) days
Students must use the MSAF (McMaster Student Absence Form). This is an on-line, selfreporting tool, for which submission of medical or other types of supporting documentation is
normally not required. Students may use this tool to submit a maximum of one (1) request for
relief of missed academic work per term as long as the weighting of the component is worth less
than 25% of the course weight. Students must follow up with their course instructors regarding
the nature of the relief within two days of submitting the form. Failure to do so may negate the
opportunity for relief. It is the prerogative of the instructor of the course to determine the
appropriate relief for missed term work in his/her course. Details are described below.
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If the value of the component is worth 25% or more, students must report to their Faculty Office
(the Student Experience – Academic Office for Commerce students) to discuss their situation
and will be required to provide appropriate supporting documentation.
Please visit the following page for more information about MSAF:
http://academiccalendars.romcmaster.ca/content.php?catoid=13&navoid=2208#Requests_for_Re
lief_for_Missed_Academic_Term_Work
b)
For absences from classes lasting more than three (3) days
Students cannot use the MSAF. They MUST report to their Faculty Office (the Student
Experience – Academic Office for Commerce students) to discuss their situation and will be
required to provide appropriate supporting documentation.
Students who wish to submit more than one request for relief of missed academic work per term
cannot use the MSAF. They must report to the Student Experience – Academic Office and
discuss their situation with an academic advisor. They will be required to provide supporting
documentation and possibly meet with the Manager.
c) For conflicts arising from Faculty Office approved events
Students unable to write a mid-term at the posted exam time due to the following reasons:
religious; work-related (for part-time students only); representing university at an academic or
varsity athletic event; conflicts between two overlapping scheduled mid-term exams; or other
extenuating circumstances, have the option of applying for special exam arrangements. Please
see the DeGroote Missed Course Work Policy for a list of conflicts that qualify for academic
accommodation
http://ug.degroote.mcmaster.ca/forms-and-resources/missed-course-work-policy/
Such requests must be made to the Student Experience – Academic Office at least ten (10)
working days before the scheduled exam along with acceptable documentation.
Non-Commerce students must submit their documentation to their own Faculty Office and then
alert the Student Experience – Academic Office of their interest in an alternate sitting of the
midterm.
Adjudication of all requests must be handled by the Student Experience – Academic Office.
Instructors cannot allow students to unofficially write make-up exams/tests.
The MSAF cannot be used during any final examination period.
If a mid-term exam is missed without a valid reason, students will receive a grade of zero (0) for
that component.
POLICY FOR APPROVED MISSED ACADEMIC WORK
Students who cannot write a test, and have advanced knowledge and permission as described
above, will be given the opportunity to write an alternate version of the test and an alternate time.
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Students who did not write a test, and subsequently provide an MSAF submission, or
documentation for which they have been approved by the Student Experience – Academic
Office, will have the weight of the missed work reallocated across other course components.
The student must follow up with the instructor to understand this process and decision.
Students who submit an MSAF, or have been approved by the Student Experience – Academic
Office, for an assignment deadline, will be given an extension of 3 days for the assignment.
Please note, the student will ultimately be required to submit the assignment.
STUDENT ACCESSIBILITY SERVICES
Students who require academic accommodation must contact Student Accessibility Services
(SAS) to make arrangements with a Program Coordinator. Academic accommodations must be
arranged for each term of study. Student Accessibility Services can be contacted by phone 905525-9140 ext. 28652 or e-mail [email protected] . For further information, consult McMaster
University’s Policy for Academic Accommodation of Students with Disabilities.
POTENTIAL MODIFICATIONS TO THE COURSE
The instructor and university reserve the right to modify elements of the course during the term.
The university may change the dates and deadlines for any or all courses in extreme
circumstances. If either type of modification becomes necessary, reasonable notice and
communication with the students will be given with explanation and the opportunity to comment
on changes. It is the responsibility of the student to check their McMaster email and course
websites weekly during the term and to note any changes.
CERTIFIED HUMAN RESOURCE PROFESSIONAL (CHRP)
This course can be used as one of the course requirements for obtaining the Certified Human
Resource Professional (CHRP) designation. CHRP is the professional designation offered by
The Human Resources Professionals Association. The courses offered in the DeGroote
Commerce program that contribute to CHRP requirements are: 2BA3 Organizational
Behaviour, 2BC3 Human Resource Management and Labour Relations, 4BB3 Personnel
Selection, 4BC3 Collective Bargaining, 4BE3 Compensation/Reward Systems, 4BI3
Training and Development, 4BL3 Occupational Health and Safety, 4BM3 Strategic Human
Resource Planning, 2AA3 Financial Accounting I, 2AB3 Managerial Accounting I.
More details are available on the Human Resource Professionals Association website,
http://www.hrpa.ca.
4BC3 - Winter 2016 - 6 of 8
COURSE SCHEDULE
Commerce 4BC3E
Collective Bargaining
Winter 2016 Course Schedule
** The midterm will be on Tuesday February 23rd, 2:30 – 4:30pm
** Students will be required to participate in a collective bargaining simulation on
Tuesday, March 22nd in class. Further details will be provided at a later date.
Week
Date
Jan. 5 - 12
1-2
Introduction to
Collective
Bargaining
Assignment
An introduction to collective bargaining is provided, including a comprehensive
model or framework for assessing the performance of collective bargaining. Special
attention is given to the influence of the external environment (e.g., economic,
political legal, demographic and technological factors), on the parties at different
levels (e.g., the strategic, collective bargaining and shop floor levels) and on the
bargaining process and bargaining outcomes. We consider distinctive features of
industrial relations in Ontario and whether collective bargaining has changed in an era
of globalization and trade liberalization.
1. Harry C. Katz and Thomas A. Kochan, “A Framework…” and “The Role of
the Environment,” in An Introduction to Collective Bargaining and Industrial
Relations, 4th edition in CC.
2. Lancaster House, “Analysis: Supreme Court Reverses Direction…” in CC.
Students are expected to be able to define bargaining structure, explain what factors
influence bargaining structure, understand the consequences of decentralized and
centralized structures, and appreciate why bargaining structure is important to
understanding collective bargaining. We examine the impact of the Labour Relations
Act on certification and the establishment of bargaining rights and appropriate
bargaining units. Recent trends in bargaining structure are examined and two case
studies are presented to illustrate how and why structures change and the
consequences of such changes.
Jan. 19
3
The Structure of
Collective
Bargaining
1. Richard P. Chaykowski, "The Structure and Process of Collective
Bargaining", in Gunderson and Taras, eds., Canadian Labour and
Employment Relations, , 6th edition, in CC. (Read section on bargaining
structure: pp. 246-254 of the original text pagination).
2. Table 7.1: Percentage Distribution of Negotiating Units in CC.
3. Joseph B. Rose, "Centralized Bargaining and the Construction Industry”
(2011), 25 pp, in CC.
4BC3 - Winter 2016 - 7 of 8
Week
Date
Assignment
We begin by broadly considering what is required to bargain effectively and the basis
of union and management bargaining goals and strategies. This includes why workers
join unions and the issues they emphasize and management responses including
economic priorities and the need for flexibility. The impact of legal requirements on
the bargaining process (e.g., good faith bargaining and compulsory conciliation) and
bargaining outcomes (mandatory subjects of bargaining) Next, key negotiating
concepts are introduced: "expectations", "bargaining power" and "leverage". The
stages of negotiations are outlined and legal context of collective bargaining is
examined. The dynamics of the bargaining process is illustrated by using the "contract
zone framework" and explaining the importance of opening positions, targets and
bottom line positions. Behavioural negotiating subprocesses are defined and
explained: distributive bargaining, integrative bargaining, attitudinal structuring and
intraorganizational bargaining.
4&5
Jan.26 and Feb.2
The Bargaining
Process
1. Mark Thompson, "The Management of Industrial Relations", in Gunderson
and Taras, eds. Canadian Labour and Employment Relations, 6th edition, in
CC.
2. Rick Chaykowski, op. cit., in CC (Read section on bargaining process: pp.
254-282 of the original text pagination).
3. Michel Grant, “Shifting from Traditional to Mutual Gains Bargaining:
Implementing Change in Canada”. Current Issues Series. Kingston: IRC
Press, 1997, p. 1-18 in CC.
4. “Costing Wage Proposals” in Michael R. Carrella and Christina Heavrin,
Labor Relations and Collective Bargaining, 10th edition, pp.273-278 in CC.
6
7
Feb.9
Public Sector
Collective
Bargaining
Feb 15-Feb 20
The public sector is defined, the evolution of bargaining is explored and the
distinctive features of public sector bargaining are explained. The distinctive features
of public sector bargaining laws is examined and compared with private sector
legislation. Two of the most controversial aspects of public sector bargaining - strikes
and compensation - are examined in greater detail. Public sector restructuring in the
1990s is outlined and the future prospects for bargaining are considered.
1. Mark Thompson and Sara Slinn, “Public Sector Industrial Relations in
Canada: Does It Threaten or Sustain Democracy”, Comparative Labor Law &
Policy, v.34 (Winter 2013), pp. 101- 121 in CC.
READING WEEK
MIDTERM EXAM
8
9
Feb. 23
Mar. 1
Interest Disputes
and Their
Resolution
(COVERS MATERIAL FROM JAN.5 TO FEB. 9 INCLUSIVE)
While most collective bargaining laws permit strikes and lockouts, they also establish
disputes procedures for the prevention and settlement of labour disputes. In assessing
how well collective bargaining works, we consider the parties ability to achieve
peaceful settlements and provide a statistical profile of strike activity. Consideration is
also given to strike determinants, e.g., the role of macrodeterminants such as the state
of the economy and microdeterminants (factors peculiar to the industry and the
4BC3 - Winter 2016 - 8 of 8
Week
Date
Assignment
particular labour-management relationship). Various dispute settlement procedures
are defined and their use is explained.
1. Jon Peirce and Karen Joy Bentham, “Strikes, Lockouts and Dispute
Resolution,” in Canadian Industrial Relations, 3rd edition, in CC.
2. Heather Scoffield, “Canada a World Leader for Hitting the Bricks,” Globe
and Mail, June 4, 2007, in CC.
3. Tony Van Alphen, “Strikes at All-Time Lows,” Toronto Star, June 11, 2007,
in CC.
Several approaches can be used to explain the impact of collective bargaining. The
macro approach considers overall impacts, e.g., the union impact on wage rates and
the general impact of seniority. The micro approach looks at the individual collective
agreement. Another way of examining bargaining outcomes is to divide them into to
wage outcomes and nonwage outcomes.
Mar. 8 - 15
10 – 11
Bargaining
Outcomes
1. Morley Gunderson and Douglas Hyatt, “Union Impact on Compensation,
Productivity and Management of the Organization”, in Gunderson and Taras,
eds., Canadian Labour and Employment Relations, 6th edition, pp. 383 – 402
in CC.
2. Robert Hebdon and Travor C. Brown, “Collective Agreement
Administration,” in Industrial Relations in Canada (Toronto: Nelson, 2008),
in CC.
3. Jim Leech and Jacquie McNish, The Third Rail. Toronto: McClelland &
Stewart 2013, pp. 8-32 in CC.
12
13
Mar.22
Mar. 29
Contract
Administration and
Grievance
Arbitration.
******BARGAINING SIMULATION: DURING CLASS******
In this section we will review the grievance handling and arbitration process and
consider some of the strengths and weaknesses of the present system of resolving
rights disputes. The requirements of the Labour Relations Act are examined, including
every collective agreement must provide for grievance arbitration and regulations
covering all aspects of grievance arbitration process.
1. Jon Peirce and Karen Joy Bentham, “Grievance: Function, Resolution and
Prevention,” in Canadian Industrial Relations, 3rd edition in CC.
***** BARGAINING GAME REPORTS
DUE April 4, 2016 *****