Industrial Labour Interview Preparation Guide

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Certification is the process whereby the Labour and Employment Board designates a trade union as the sole and exclusive bargaining agent for a group of employees, referred to as a bargaining unit, following proof that the bargaining agent has majority support among the employees in the bargaining unit.

Yes, revisions of any provision in the agreement, other than a provision relating to the term of the agreement's operation, may be made at any time with mutual consent of the parties.

Voluntary recognition is where a trade union acquires the status of exclusive bargaining agent for a group of employees in a defined bargaining unit because an employer voluntarily agrees to recognize it as such.

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

Referred to as "Collective Agreement" arbitration it occurs where the parties cannot agree to the terms and conditions of a proposed collective agreement. Interest arbitration may be voluntary or compulsory. (In New Brunswick, it is compulsory for firefighters and police officers, voluntary for all other groups of employees).

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

Referred to as "Grievance" arbitration it occurs where a difference arises between the parties relative to the interpretation, application or to the administration a collective agreement.

If no agreement can be reached by the parties, they may agree to submit their differences to binding arbitration (firefighters and police officers must proceed in this fashion) or they may, after 9 days from the date the conciliation board report is filed, engage in a strike or lock-out.

Indian labour market can be mainly classified into 3 categories:

i.) Rural workers
ii.) Organized
iii.) Unorganized

No, there can be no strike or lock-out during the term of a collective agreement.

A lock-out is the closing of a place of employment, a suspension of work, or a refusal by an employer to continue to employ a number of its employees, for the purpose of compelling bargaining unit employees to agree to terms or conditions of employment.

This kind of an agreement deals with specific issues like basic pay, leave policy, bonus payment etc.

An arbitrator is appointed by the parties on mutual agreement and, in the case of an arbitration board, each party appoints one person to be a member of the board. These two members appoint a third to be chairperson. If these appointments are not made, the Minister Post-Secondary Education, Training and Labour upon the request of either party, may make such appointments.

They usually deal with the relationship between employees and employers to resolve individual and group issues. These are usually filed in the company's rule book.

No, there can be no strike or lock-out during the term of a collective agreement.

The major factors which motivate the employees to join trade union are:

i.) Increase in bargaining power
ii.) Lesser discrimination
iii.) Higher sense of security and belongingness
iv.) Stage for self expression
v.) Ability to participate in management activities giving a sense of involvement

Also termed as conjunctive bargaining, this form of bargaining aims at re-distribution of benefits between the management and the group of workers. In this form of bargaining, one group gains while the other looses something.

Every employee (except managers; superintendents; and persons who in the opinion of the Labour and Employment Board are employed in a confidential capacity in matters relating to labour relations or who exercise management functions) has the right to be a member of a trade union and to participate in the union's lawful activities, including collective bargaining.

The three levels at which collective bargaining works are:

i.) National level
ii.) Sector/ Industry level
iii.) Company level

Each of the parties pay one-half the remuneration and expenses of an arbitrator and, in the case of an arbitration board, each party pays for the person they appointed and one-half of the Chairperson's remuneration and expenses.

This type of bargaining mainly aims at developing a change in the attitude of the management and the employees. The purpose is to reduce the bitterness and develop a congenial atmosphere.

A strike or lock-out is illegal while a collective agreement is in operation.

☛ The focus of Marxist perspective of IR system is on fundamental division of interest between capital and labour.
☛ It assumes that the conflict at work place is a reflection of conflict in the society.
☛ Trade unions are deemed as a natural response from workers to protect themselves against exploitation.

Where no collective agreement is in force and no trade union is certified under the Act, an application for certification may be made at any time before the Labour and Employment Board.

It is an option open to parties to a grievance that allows the grievance to be settled by an arbitrator within a set time limit. You can request expedited arbitration after you have exhausted the grievance procedure under your collective agreement or, 30 days have elapsed since the grievance was first brought to the attention of the other party, whichever comes first.