> so, what constitutes an employee association, is collective bargaining a
> common
> feature, are such orgs prohibited from going on strike (there appears to
> be this
> legal difference between unions and associations in canada), if so, does
> this mean
> (legally speaking, not just because they have association in their name as
> with nea/
> afscme) that u.s. public employee unions, are by and large, associations
> and not unions
> given that most do not have the right to strike...
>
> consider american association of university professors (aaup), clearly not
> a union, never
> intended to be one, yet, about 70 aaup chapters bargain collectively on
> their campuses...
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Yes, you're right, collective bargaining is the common feature.
Employee associations at all levels first formed, in effect, to "consult" with their employers and to secure "policies" to improve pay and working conditions which, being policies, could be unilaterally rescinded or changed at any time.
Collective bargaining introduces the element of coercion. Employees use legal mechanisms to compel employers to adopt policies reflected in binding agreements which can't be unilaterally altered by either party.
There are weaker and stronger collective bargaining systems, usually defined in terms of whether and to what extent strike action is permitted. Particularly in the public sector, binding arbitration on the parties is often imposed, to the detriment of the unions. In some jurisdictions like the Canadian public service, unions can opt for one or another before negotiations, but can't change routes in the course of the talks. Due to the highly fragmented bargaining system, it effectively forces the smaller units to choose arbitration. Nevertheless, arbitrated agreements are also binding on both parties, which means employers sometimes have to accept conditions they oppose.
Unions which have coercive instruments available to them to compel the employer to accept to be bound by mutually agreed conditions are engaging in collective bargaining of one sort or another, whether they call themselves unions or, in more genteel fashion, "associations".