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1, You have been hired as a consultant to the N.S. Labour Board to examine the situation and file a report. Be sure to identify the various issues present In the case, discuss whether the actions are legal or illegal, provide your recommendations to end the dispute, and include the reasoning in support of your discussion. Labour relations at Truro Industries Limited (TIL) have been strained ever since the Laborer’s Union of Nova Scotia (LUNS) was certified 6 years ago. The most recent collective agreement between the employer and union expired on January 1, 2021. Three weeks earlier, on December 10, 2020, LUNS members left work halfway through their shift to protest proposed changes to the Labour Standards Code. In addition, LUNS members have been engaging in a work slowdown and work-to-rule since January 27, 2021 (although this was not authorized by the union). The parties completed conciliation and the conciliator’s report was filed on February 23, 2021. Members of LUNS engaged in a one-day strike on February 27 but then returned to work until March 14. On March 11, the union gave notice that they were going out on strike on March 15 (in the words of the local union president, “we need to give 3 days (72 hours) notice before we can strike”). On March 15, the workers went out on strike again and have not returned to work. A few members of LUNS have crossed the picket line and are continuing to work. In addition, the employer (TIL) has run ads on social media looking for replacement workers; to date, about 14 outside workers have been hired and are currently working for TIL. Workers crossing the picket line have been subjected to considerable verbal and physical abuse by the strikers who argue that TIL is required by law to shut down in the event of a strike. Jojo Bitten, President and CEO of TIL, told striking workers to be on the job tomorrow or she would fire the whole lot of them. Presently, about 75 workers are picketing at the main entrance to the plant and a small number of picketers have been picketing in the employer’s parking lot. There have been a number of fights between the strikers and those labourers choosing to work. In addition, the strikers have tried to prevent clerical staff, managers and customers from going into the plant. It just so happens that there is a pedestrian crosswalk almost right in front of the main plant gate; picketers have taken to walking slowly across the cross Union officials have responded to complaints from the public by arguing that LUNS members are guaranteed freedom of speech under the Charter of Rights and have as much right as anybody else to use the crosswalk. Furthermore, LUNS has taken out advertisements in the local newspaper and posted on social media asking the public to boycott TIL products and members of LUNS have been picketing customers and suppliers of TIL. on a continual basis, thus tying up the traffic. The picketers are trying to prevent delivery trucks from entering onto TIL property and one nonunion delivery firm has told its employees that they must cross the picket line and make the necessary deliveries
2, Consider the following case which Is going to arbitration. First, outline the arguments for both the employer and union. Second, act as an arbitrator and render a decision (with reasons). As an arbitrator, your remedy options include (1) immediate reinstatement,(2) verbal warning,(3) written warning,(4) suspension of _ days/weeks/months – If you opt for suspension, you must specify the length of the suspension,(5) termination. You may also add other conditions to your decision. Brittany Jackson is a supplies transport employee at the Greater Halifax Regional Hospital (GHRH) in Halifax, Nova Scotia. Brittany, who is 28 years of age, has been employed at GHRH for just over seven years. Brittany is a single parent with one dependent child who is 6 years old. Brittany’s primary job duties involve transporting supplies (such as bed linens, food items, medical supplies and other items) to the appropriate department within the hospital. Brittany is one of 38 supplies transport employees who are represented by the Canadian Union of Transport Employees (CUTE). The relationship between the company (GHRH) and the union (CUTE) has been quite good over the years but is becoming more adversarial since the Covid-19 pandemic as employee concerns about health and safety increase. GHRH does not have a formal performance appraisal system for its unionized workforce because the union has been opposed to such a system. However, co-workers and her supervisor say that Jackson is a “good performer” who is easy to get along with. Her supervisor reported that Jackson would rank in the top 35% of supplies transport employees. The only negative comment about Jackson, according to her supervisor and co-workers, is that she occasionally is unwilling to follow rules that she doesn’t agree with. The current collective agreement permits the employer to look back on disciplinary offences that occurred within the past four years. During that tỉme period, Jackson has 2 offences on her record. Thirty-eight months ago, the union and employer agreed on a written warning for Jackson being 22 minutes late with delivery to the hospital cafeteria. Jackson indicated that she was busy with a phone call and didn’t realize that the delivery was urgent. The second offence occurred in May of 2020 (shortly after the pandemic began). Jackson was asked to transport Covid-19 specimens to the testing unit at the hospital. The specimens are placed in a sealed tube and then in a sealed plastic bag. Jackson refused to transport the specimens, arguing that she believed it was unsafe to do so. The employer and union met to review the situation and issued a joint statement that transporting such specimens posed no health risk to employees. Jackson reluctantly made the deliveries but, on her own social media accounts and outside of work hours, posted that she was concerned about her health and safety and that the hospital was unwilling to take reasonable precautions to protect its employees. The employer and union settled on a 5-day suspension for Jackson. The current arbitration case arises out of an incident that occurred just over 5 months ago. The union (CUTE) had just elected a new executive and part of the tradition was having a pizza party at the union office which was located in the hospital. When the pizzas arrived at the hospital entrance, a “screener” (whose job was to make sure that anyone entering the hospital complied with Covid-19 safety rules) refused to allow the pizza delivery person to enter the hospital. Several months earlier, the hospital had introduced rules prohibiting social gatherings such as parties and the sharing of food within the hospital. Jackson went outside to meet the pizza delivery person who took the pizzas. and brought them into the union office within the rules) refused to allow the pizza delivery person to enter the hospital. Several months earlier, the hospital had introduced rules prohibiting social gatherings such as parties and the sharing of food within the hospital. Jackson went outside to meet the pizza delivery person, took the pizzas, and brought them into the union office within the hospital. About 20 minutes after the party began, hospital security showed up at the union office and broke up the gathering. Jackson became very upset and started yelling and swearing at the security personnel. The dispute ended when Jackson’s supervisor and the Director of Human Resources intervened. Jackson was sent home for the rest of her shift. During the subsequent investigation, Jackson said that she did not bring the pizzas into the hospital, but video evidence showed that her bringing the food into the hospital. After meeting with Jackson and her union and investigating the matter, the hospital (GHRH) decided to terminate Jackson’s employment. The collective agreement gives GHRH the right to discipline and terminate an employee for “just cause”. The union (CUTE) is grieving the dismissal which is proceeding to arbitration
3, Critically evaluate the article presented below. Your analysis should include: (1) a discussion of why employers and unions have such a difficult time reaching a collective agreement,(2) what advice you would give to the parties based on what you have learned from the course and your experience completing the collective bargaining simulation, and (3) your recommendation regarding how the parties should resolve the dispute (alternative dispute resolution techniques). Overall, do you support the position of the union (and its members) or the employer? Be sure and support your position. The application of concepts and materials from the course will strengthen your answer. Locked-out St. Brittany’s Auto Dealership Staff Disheartened Over Employer’s Demands Locked-out sales staff at the Hickman Chrysler Jeep dealership in St. Brittany’s wish they could resume selling vehicles, but little headway has been made in the four-week labour dispute. Nine employees were impacted by the employer’s decision to lock staff out. According to Roger Spracklin, business agent for Teamsters Local 855, the main issue standing in the way of a new collective agreement is the future of commissions on wholesale deals. He said the company is looking for concessions that would “either fully take away or seriously reduce” what staff can earn from these transactions. “They’re commission-based,” Spracklin said of the staff. “If they don’t sell, they don’t make any money. There’s a small guarantee, a minimum they’ll get paid every month, but it’s sort of a false safety net because if you find yourself availing of that for too many months, you’ll be let go because you’re clearly not selling anything The concessions the employer is looking for could impact annual employee income by 15 to 20 percent”. Spracklin said the employer demands are particularly concerning during the COVID- 19 pandemic, as the availability of vehicles to sell has slowed down due to a global shortage of computer chips. “If there ends up being very little product to sell, these folks can’t make any money anyway, because if there’s nothing to sell, there’s no commission to be made.” Spracklin suspects the timing of the lockout works to the employer’s advantage, noting this time of year tends to be slow for vehicle sales. The lockout started following the end of the workday on Friday, January 22, 2021. Spracklin said the company did reach out this past week to set up a meeting but talks between the two sides and a conciliator failed to make any progress. The workers’ last contract expired in the fall of 2019. According to Spracklin, that contract was rolled over for one year, and staff initially expected that would happen again last fall (2020) but the employer served notice to negotiate, which ultimately forced us to the table. Hickman Chrysler Jeep is part of Hickman Automotive Group, a company with more than a dozen vehicle and motorcycle dealerships spread throughout eastern and central Newfoundland. A spokeswoman for Hickman Automotive Group stated that the company is not commenting publicly on the lockout.