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Assignment 4 is worth 20% of your final grade. This assignment should be submitted after you have completed the readings and learning activities for Unit 6. Assignment 4 assesses your understanding, analysis, and practical application of the law as it relates to the exercise of bargaining rights. In Assignment 4, you are expected to analyze and form a number of conclusions on a case in which collective bargaining rights are tested, as they are so often, by an industrial dispute. Read the following case study, and study the questions that appear at the end of the case. Then, combine your answers to these questions in an essay that does not exceed 1,500 words. Once you have successfully completed and submitted your assignment, you are welcome to contact your academic expert to find out what happened next in the case. A Note on This Case This case is summarized from an actual complaint to the Alberta Labour Relations Board, UFCW 1118 v . Airtex Manufacturing Partnership, [1991] Alta. L.R.B.R. 783. The names of the complainants and the respondents have not been changed, but some facts and descriptions have been modified. Reading the Alberta Board’s award is unlikely to help you complete this assignment. Legislation in Alberta has changed and you may well be covered by different legislation. And labour relations boards can also be wrong! The Case in Brief The employer (Airtex) has commenced a lawful lockout of its employees before the bargaining agent (the union) was able to commence a lawful strike. Airtex has announced that it will lift the lockout after one day and employees are expected to return to work under interim working conditions. It has threatened dismissal for employees who do not return to work under the interim conditions. The interim conditions have been set out in a detailed booklet resembling a collective agreement. The interim conditions, however, omit all references to the union embodied in the employer’s proposal: the recognition clause, union security clause, grievance procedure, non-discrimination clause, and provisions for union communication with employees. The union has complained that among other things, Airtex has violated its duty to bargain in good faith, has interfered with the union’s representation of employees, and has refused to employ employees because they are exercising their rights under the Labour Relations Code . The Issue Under provincial labour relations legislation, what are the respective rights and duties of employees, the union, and the employer as they work through the lockout and agreement? The Case in Detail For purposes of this case, assume that the date is December 12, 1993. Airtex Manufacturing Partnership makes air conditioning equipment under the name Engineered Air. United Food and Commercial Workers Local 1118 (the union) represents Engineer Air's plant employees. The union has taken over as bargaining agent from an employee association recently, following a contentiou.
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Assignment 4 is worth 20% of your final grade. This assignment should be submitted after you have completed the readings and learning activities for Unit 6. Assignment 4 assesses your understanding, analysis, and practical application of the law as it relates to the exercise of bargaining rights. In Assignment 4, you are expected to analyze and form a number of conclusions on a case in which collective bargaining rights are tested, as they are so often, by an industrial dispute. Read the following case study, and study the questions that appear at the end of the case. Then, combine your answers to these questions in an essay that does not exceed 1,500 words. Once you have successfully completed and submitted your assignment, you are welcome to contact your academic expert to find out what happened next in the case. A Note on This Case This case is summarized from an actual complaint to the Alberta Labour Relations Board, UFCW 1118 v . Airtex Manufacturing Partnership, [1991] Alta. L.R.B.R. 783. The names of the complainants and the respondents have not been changed, but some facts and descriptions have been modified. Reading the Alberta Board’s award is unlikely to help you complete this assignment. Legislation in Alberta has changed and you may well be covered by different legislation. And labour relations boards can also be wrong! The Case in Brief The employer (Airtex) has commenced a lawful lockout of its employees before the bargaining agent (the union) was able to commence a lawful strike. Airtex has announced that it will lift the lockout after one day and employees are expected to return to work under interim working conditions. It has threatened dismissal for employees who do not return to work under the interim conditions. The interim conditions have been set out in a detailed booklet resembling a collective agreement. The interim conditions, however, omit all references to the union embodied in the employer’s proposal: the recognition clause, union security clause, grievance procedure, non-discrimination clause, and provisions for union communication with employees. The union has complained that among other things, Airtex has violated its duty to bargain in good faith, has interfered with the union’s representation of employees, and has refused to employ employees because they are exercising their rights under the Labour Relations Code . The Issue Under provincial labour relations legislation, what are the respective rights and duties of employees, the union, and the employer as they work through the lockout and agreement? The Case in Detail For purposes of this case, assume that the date is December 12, 1993. Airtex Manufacturing Partnership makes air conditioning equipment under the name Engineered Air. United Food and Commercial Workers Local 1118 (the union) represents Engineer Air's plant employees. The union has taken over as bargaining agent from an employee association recently, following a contentiou.
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PERSONAL ACCOUNT OF THE NEGOTIATING PROCESS 1 PERSONAL ACCOUNT OF THE NEGOTIATING PROCESS 7 Personal Account of the Negotiating Process Trystia Savor Southern New Hampshire University Personal Account of the Negotiating Process FINAL AGREEMENT SECTION 25.05: PROTECTIVE CLOTHING, EQUIPMENT, TOOLS 3/26/17 8pm The purpose of the Personal Protective Equipment Policy is to protect employees fromexposure to work place hazards and the risk of injury through the use of personal protective equipment (PPE). The Employer agrees to provide to employees required tools and safety or protective equipment, reasonably fitted safety clothing, necessary to provide protection of employees from hazardous conditions. Such equipment will be provided as authorized by applicable Occupational Safety and Health Administration (OSHA) standards. Personal protective equipment will be provided, used, and maintained when it has been determined that its use is required to ensure the safety and health of our employees and that such use will lessen the likelihood of occupational injury and/or illness. Employer further agrees to cover acceptable, reasonably-fitted protective clothing, gear, and devices — including insulated coats, pants, gloves, and necessary nonprescription safety eye wear for all employees during the winter months, as well as thinner protective coat, work pants, any necessary nonprescription safety eye wear, and protective gloves for all employees during warmer months — necessary for providing protection of employee from hazardous conditions including inclement weather encountered during performance of duties. Details are noted below: The Union agrees to assist the Employer in aggressively publicizing the benefits of the use of protective devices and equipment by employees, and their adhering to good safety practices, policies, and procedures. In the event of a disagreement between the employee and the employee’s supervisor, the Business Manager/Director of Business Services will make a determination of the necessity of the gear. 1.0 Foot Wear Protection: · Protective footwear entitlement will be determined based on your job responsibilities as per your job description. · If said job description indicates that both summer and winter footwear are required, both types of footwear will be provided at a cost not to exceed $280 per calendar year. · In order to ensure work boots meet safety standards, the boots must be purchased at an authorized dealer the company provides to you. If Employee chooses to purchase boots above the $280 allowance he/she will be responsible for the additional cost. · Employee will be expected to properly maintain footwear in order to ensure the longevity of the items. The Employer will replace damaged footwear when damage is determined to be outside of normal wear and tear. Any gear which is replaced must be turned into the Employer before new items may be issued. 1..
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Breach of an Implied Contract A small number of employees including professional athletes, high-level managers like Dov Charney (see the “Clippings” feature), and entertainers have “express” (i.e., explicit, mutually acknowledged) contracts of employment that are negotiated, executed in writing, signed, and specify a particular term of employment (or specific grounds under which the contract can be terminated). If an employee with an express contract is terminated prior to the expiration of the contract, the employer will be liable for damages for breach of contract unless the employer can show that there was cause to terminate. Most often, contractual disputes of this type are settled by negotiations between the parties. But the vast majority of employees do not have express contracts of employment and are employed at will. Nevertheless, under the implied contract exception to employment at will, the right of employers to terminate at will can be limited by promises of job security. Even in the absence of an express contract of employment, written or oral statements by employers—and their entire course of conduct in dealing with employees—can give rise to enforceable contractual rights to something other than employment at will. The “something other” might be employment for a specified term, termination only for certain reasons (e.g., “for cause”), or use of specified procedures when making termination decisions (e.g., progressive discipline). If an implied contract exists, discharged employees can sue for wrongful termination based on breach of the implied contract. Criteria for Determining the Existence of an Implied Contract Most statements made by employers, whether orally or in writing, are not contractually binding. However, the following factors point to the existence of an implied contract: · • A specific promise was made. · • The promise was made frequently and consistently. · • The source of the promise was someone with sufficient authority to offer it. · • The promise was communicated to the employee. · • The promise was not highly conditional (i.e., dependent on the employer’s own judgment). · • The employer’s entire “course of conduct” (e.g., policies, practices, statements, industry practices, employee tenure) was consistent with the promise. · • There was an exhaustive listing of dischargeable offenses in a handbook (and the offense for which termination occurred was not included in that list). · • A change to a less protective policy was not communicated to employees. · • There was no effective disclaimer. Vague, stray, or highly conditional promises do not evidence intent to depart from employment at will. Statements such as “you have a promising future with the company” (lack of specificity) or “you will have a job here for as long as we are pleased with you” (conditionality) are unlikely to be enforceable. The statements relied on must be sufficiently specific to constitute “offers,” rather than mere general statements of ...
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