Day 4.

1 OBHR 493

Multiparty negotiations

 Number of parties will increase

o More interests to manage
o Power differences
 Information and computational complexity
 Social complexity
o Strong pressures to conform
 Procedural complexity
o Takes more time
o Rules unclear
 Strategic complexity
o Being watched by other parties
o Can build coalitions

Coalitions

 Two parties cooperating

 Forms when unequal power ditributions
 Unlikely to form when there is insufficient resources or a party blocks the formation
Day 4.2 Disputes and 3rd party

Union

 Formal association with collective power

 Canadian labour laws states workers may join if they wish

Collective bargaining issues

 Mandatory terms –
 Voluntary terms

Good Faith bargaining

 Must bargain in good faith

o Refusing to meet
o Scheduling unreasonable times
o Presenting initial offer as final offer
o Providing misleading or incomplete info
o Not informing other parties that may be impacted

Ratification

 Process when union members vote to accept terms

Mediation

 Process where neutral third party helps reach a settlement

Arbitration

 Neutral third party makes final and legally binding agreement

Unions Bargaining power

 Strikes
 Pickets
 Boycotts

Management Bargaining power

 Lockouts
 Replacement workers (scabs)
 Stockpile inventory
 Transfer work

Replacement workers (scabs)

 Cant do this in Quebec or BC

Wrongful dismissal

 May get money, wont get job back

 Unless in union

Constructive dismissal

 Employer does not directly dismiss employee but changes the job entirely that it becomes a new
job
 Can reduce salary