Reference no: EM133390178

Question 1. Discuss how collective bargaining legislation created new legal rights to protect workers who joined unions that did not exist prior.

Question 2. Explain the main aspects of the Wagner model that are still a part of thecollective bargainingframework today.

Question 3. Explain the difference between a "craft union" and an "industrial union," and identify two current Canadian organizations that support each model.

Question 4. Discuss the basis for Justice Rand's decision and the impact of the Rand decision on collective bargaining today.

Question 5. Bill Wilson, the president of County Beer Company, learns some employees have contacted the Beer Workers Union and that the union is getting ready to file an application for certification. Bill calls Amanda, the HRManager, into his office, and the two discuss how to respond. They decide that they should speak to the employees, and they order the workers to attend a meeting in the cafeteria. Bill welcomes everyone, and then reads the following statement:

I've called you here today because there is a rumour circulating of a union organizing campaign. I want to explain some things to you. First, you do not need a union to represent you. This is a small, family-run business and we have always treated you like family here. Unions are a business that is interested in collecting more union dues. They cannot make this business more successful, and a successful business is the only thing that can lead to better pay and benefits for all of you. So don't believe the union's promises.

We are in a very competitive industry, and we operate with a small profit margin already. Any actions by employees that disrupt production or cause production costs to rise could threaten the viability of the business. Unions sometimes go on strike, and a strike could seriously threaten the viability of this business, since we may lose customers that we may not be able to get back. It's your choice whether to join the union or not, and we respect your right to choose, but I recommend that you do not support unionization. Please feel free to talk to me if you have any questions.

Do you believe that Bill's speech falls within the scope of fair labour practices protected by collective bargaining legislation? Explain your response.

Question 6. Bill Wilson (refer to question 5) learns that the employee who is leading the unionization campaign is Mark Anthony, a shipping and receiving employee. Mark has been suspended in the past for poor work performance, and yesterday he punched in 15 minutes late without any reason given. Bill thinks that the lateness combined with the earlier suspension shows Mark's performance has deteriorated. He decides to terminate Mark's employment with caus. Is Mark's termination lawful?

Question 7. What is the difference between monetary and non-monetary issues in collective bargaining? For each type of issue, provide an example of a proposal that might be raised in collective bargaining by either a union or an employer.

Question 8. Discuss the following:

a. What is a strike and what are the conditions that must be satisfied before a strike is lawful in Alberta? What makes a strike illegal and what can be the result of an illegal strike?
b. What is a lockout and what is the impact of a lockout on employees?

Question 9. What are the four key tests arbitrator's use when deciding on a grievance resulting from a just cause termination? If an arbitrator rules that an employer did not have just cause to dismiss an employee, what remedies can that arbitrator order?

Question 10. Joe works at a large, unionized hotel as a restaurant server. He's been employed for three years and had no prior discipline. He is 40 years old and the sole income earner for his wife and two children. The employer was experiencing problems of pilferage, including theft of alcohol, food, and toiletries. Therefore, it hired a private investigator to pose as a custodian. The "custodian" roamed around looking for employee misconduct, occasionally filming suspicious activity on his phone. One night, Joe returned to the kitchen with a half-drunk expensive bottle of wine that a customer had left. Joe knows that he is supposed to pour the wine down a drain and send the bottle to recycling. However, Joe instead offers to give the bottle of wine to the "custodian" and tells him he can have it, but he should pretend to be taking it out to the trash in case he is seen. The custodian thanks him and secretly records the next exchange in which Joe says, "I shouldn't be doing this, but you seem like a nice guy and the wine is too good to waste." The investigator reports the incident to the employer, including the video, and the employer terminates Joe with cause. The union files a grievance alleging the employer had no just cause for termination. At the arbitration hearing, Joe is apologetic and admits what he did was wrong and stupid.

a. If you represented Joe and the union in this grievance, what argument(s) would you make?
b. What would the employer argue?
c. Should the arbitrator reinstate Joe? Explain your reason.

Question 11. Donald was fired from his job of 20 years at Canada Post after the employer accused him of mail theft after several gift certificates were found in his bag. The employer claims that a video shows Donald taking the gift certificates from an envelope he was processing and putting them in his pocket. Donald denies that he got the certificates from the workplace and says they were a birthday gift. Donald's union filed a grievance alleging unjust dismissal. The union representative meets with the employer to hear their version of events. He watches the video, which is too unclear to see what Donald is doing. However, even though Donald has no prior discipline, the union representative has never trusted Donald, thinks he will be a bad witness, and he believes Donald probably stole the gift certificates. Also, Donald once criticized the union rep in an open meeting, and the rep has always been annoyed about that. The union rep decides to drop the grievance. Donald files a duty of fair representation complaint.

a. What would Donald argue in his complaint?
b. If Donald wins his duty of fair representation complaint, what remedy would likely be ordered by the labour relations board?

Question 12. What are some of the main differences between an individual employment contract (in a non-unionized workplace) anda collective agreement (in a unionized workplace).