How does the retroactive date affect the holidays

Assignment Help Other Subject

Reference no: EM133811600

Question

The CBA between Knights Manufacturing and Blue United was coming to an end, and negotiations had begun before its expiration date of September 30, 2019. An agreement could not be reached before that date, so negotiations continued, and the expired contract was extended until the new CBA took effect.

During the negotiations, the union asked for the Friday after Thanksgiving to be designated as a holiday. The old contract included 10 holidays, which would increase the total to 11. The company countered that by adding the Friday after Thanksgiving but removing the Columbus Day holiday, keeping the total number of holidays at 10. The union accepted this exchange, and the new contract was ratified on November 5, 2019. The parties agreed that the effective date of the contract would be retroactive to the day after the previous contract expired, October 1, 2019.

The company did not pay employees holiday pay for Columbus Day 2019, and the union filed a grievance against Knights Manufacturing, stating that because the contingent agreement was in effect at the time of the holiday, employees should have been paid for the holiday.

The company responded that all holidays, including the new Friday after Thanksgiving holiday, were paid in accordance with the ratified contract.

The grievance was sent to an arbitrator.

Date: On which date should the arbitrator put more focus: ratification date or effective date? Why?

Holidays: How does the retroactive date affect the holidays?

Proof: Does the burden of proof lie with the union or the company? Why?

Grievance: Should the grievance be upheld or denied? Why?

Language: Why is clear and unambiguous language important in writing a contract, and how does it affect arbitration?

Reference no: EM133811600

Questions Cloud

Driver notices error on the shipping document : is the Consignor's (Shipper's) responsibility to classify dangerous goods; however, if the driver notices an error on the shipping document

One day after publicizing and releasing solicitation : One day after publicizing and releasing a solicitation, the contracting officer realizes that the contract line items need to be reorganized.

Contract actions in the governmentwide point of entry : Whenever a contracting officer (CO) is required to publicize notice of proposed contract actions in the governmentwide point of entry

Laws governing digital rights management : You read about copyright and some of the laws governing digital rights management.

How does the retroactive date affect the holidays : How does the retroactive date affect the holidays? Does the burden of proof lie with the union or the company? Why?

Determination and findings : In a Determination and Findings, what is true about the findings? In a Determination and Findings, what is true about the findings?

Require corroboration of confession : Do you think that the law should require corroboration of a confession, as it used to, or do you think that the current requirement of substantial independent

Utilizes uniform contract format : You are reviewing a contract that utilizes the uniform contract format. In Section J you see an exhibit. How will the exhibit be displayed?

Plaintiff-defendant railroad reached oral contract whereby : Plaintiff and defendant railroad reached an oral contract whereby, for a five-year term, plaintiff would have the exclusive concession for advertising

User Account

All Pages