Collective Bargaining Regime in Canada: Analysis and Recommendations

This report provides an analysis of the collective bargaining regime applied in Canada, highlighting its role in regulating union-management relationships. The author identifies and discusses three crucial modifications to enhance the regime's effectiveness. The first modification emphasizes the early resolution of workplace issues to prevent escalation, suggesting proactive measures and the use of mediators or first-contract arbitration (FCA) to facilitate agreement. The second modification proposes that non-economic aspects of negotiations should be turned over to complete arbitration. Finally, the report suggests that neither management nor the union should be forced to embrace retroactive solutions, encouraging efficient decision-making. The report concludes that these modifications would foster stronger management-union relationships and optimize organizational performance. The report references several academic papers to support its arguments.

Running head: COLLECTIVE BARGAINING REGIME
Collective Bargaining Regime
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1COLLECTIVE BARGAINING REGIME
The collective bargaining regime, applied in Canada, is a structure that works to
regulate almost all union-management relationships. These legislations not only regulate the
formation of the bargaining relationship, but it also governs the terms of an agreement (Troy,
2016). However, there are some modifications that must be implemented within this regime.
This discussion identifies three adjustments that should be made in the regime and how they
would positively impact the organization in addition to the union-management relationships.
The first modification that must be done is to minimize and mitigate issues as
soon as they arrive within the working environment. By doing so the management ensures
that the issues are resolved at the earliest instead of it rising to an unmanageable problem.
Delaying these negotiations without addressing them can lead to a building of resentment
(Rose, 2016). This would not only hurt the management in the long run, but it would hamper
the overall organization. In order to properly carry this out, it is essential to keep a check on
the workers and if they are facing any problems. Moreover, if there are any issues that are too
difficult for the management committee to handle, then mediators can be brought in to
resolve the problems.
In addition, the management can also enable the workers to fully exercise their
rights by providing them first-contract arbitration (FCA). Under this, when the union and
the employer are discussing their issues, either of the parties can apply for a quick resolution
through arbitration (Weinberg, 2015). Through this, both of the parties would be able to reach
a collective agreement rather than allowing the employer to fight his case again. Even though
this contract is applicable in some of the organizations in Canada, it would be favorable if
this could have been applied in all of the organizations throughout Canada. Moreover, if there
are any negotiations that are not being handled properly, especially the non-economic
aspects, then they should definitely be turned over to complete arbitration.

2COLLECTIVE BARGAINING REGIME
Finally, another modification that can be administered in the collective
bargaining regime is to implement the suggestion that neither the management nor the
union would be forced to embrace any retroactive solutions. This would extensively
encourage both of the parties to reach a decision in the quickest and most efficient manner so
that they could be put into effect at the earliest (Ash, MacLeod & Naidu, 2017). This would
allow for pre-activities. Hence, many parts of the contract can be executed rather than waiting
for all of the aspects of to come into effect. This would benefit both the management level
and the workers of an organization.
Thus, it can be deciphered that with some modifications, the collective bargaining
regime of Canada would stand in a position to foster and nurture the management-union
relationships within an organization. Implementing these alterations would also ensure that
the organization is operating at its optimal level. Therefore, it can be concluded that these
changes would positively serve the organization by supporting the communication channel
between the employer and employee.

3COLLECTIVE BARGAINING REGIME
References
Ash, E., MacLeod, B., & Naidu, S. (2017). The language of contract: Promises and power in
union collective bargaining agreements. Working Paper.
Rose, J. B. (2016). Constraints on public sector bargaining in Canada. Journal of Industrial
Relations, 58(1), 93-110.
Troy, L. (2016). Beyond unions and collective bargaining. Routledge.
Weinberg, B. R. (2015). A quantitative assessment of the effect of first contract arbitration on
bargaining relationships. Industrial Relations: A Journal of Economy and
Society, 54(3), 449-477.