BBUS 3841 _ Assignment 7

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Feb 20, 2024

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Assignment 7: Resolving Disputes Arising Under the Collective Agreement Part A: Grievance Settlements “Settlement of Grievances” Settling a grievance is a method where the Union and the employer resolve a grievance by compromising. In this scenario, neither party admits they are wrong and the Union withdraws the grievance in exchange for the remedy agreed by both parties. Additionally, the settlement cannot be used over in a subsequent dispute. (Skinner,

Assignment 7: Resolving Disputes Arising Under the Collective Agreement 2004, module 7, topic 2). This is a strategy that is usually adopted by employers when their chances are high of losing the case, is cost effective and faster to settle the dispute before going to arbitration. Pros of settling termination grievance: I. Faster Settlement: Taking a grievance to arbitration is a long process and may not always result in the desired outcome. II. More Cost Efficient: The arbitration process usually ends up costing more than compromising and settling the grievance. If a case is taken into arbitration, arbitrators charge approximately $2000 per day, plus the cost of the room rental and any legal fees. (Skinner, 2004, module 7, topic 2). Cons of settling termination grievance : I. Long and Expensive Process: Arbitrators have the power to summon witnesses to testify and/or to bring relevant documents to the hearing which can be a lengthy process. II. Falsification: In a termination grievance, where the employee may have engaged in a major violation such as theft and a settlement is done without prejudice, the employer may agree to replace the termination letter with a resignation. The employer may also provide an agreed-upon reference letter. This leaves the next employer in a bad spot. The best manner to resolve a termination grievance if the Collective Agreement allows the ability to send a dispute to mediation, a troubleshooter, a med-arb. E.g. In BC, either party may apply to the Collective Agreement Arbitration Bureau to have a settlement officer appointed to assist the parties in resolving the issue prior to it going to formal arbitration. (Skinner, 2004, module 7, topic 2).

Assignment 7: Resolving Disputes Arising Under the Collective Agreement Part B: Dispute Resolution Type of dispute resolution process that would be appropriate for the following are: 1. An employee is terminated for theft. The employee steadfastly denies taking the merchandise, and the employer has one witness who says that she saw the theft happen. - I would recommend using an arbitrator for dispute resolution as an arbitrator would have the power to summon witnesses to testify and be crossed examined. Although, the employer would need to give proof if the employee did, in fact, steal the merchandise from the employer. This should also be supported by any previous progressive disciplinary the company might have against the employee. The arbitrator can cross- examine the witness to make sure there are no personal grudges between the witness and the employee in question. The other reason of taking this into arbitration is that the resolution would be binding and enforceable. 2. An employee is denied “marriage leave” under the Collective Agreement because she requests it six months after the wedding to go on a honeymoon. There is no dispute on the facts, but the wording of the Collective Agreement could be interpreted in two different ways. - I would recommend the parties use a mediator who is impartial and able to interpret the Agreement. Since the facts on the Collective Agreement are not in question, The mediator can facilitate a "meet and confer" between the Union and the employer regarding marriage leave issue. (Labour relation board BC, 2013).

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Assignment 7: Resolving Disputes Arising Under the Collective Agreement 3. An employee files a personal harassment grievance against her supervisor, alleging that there have been ten years of ongoing harassing comments and actions taken against her. The hearing would be long and involve a significant amount of evidence being called, including the evidence of every subordinate of this supervisor which would put a great deal of pressure on the entire workforce. - Firstly, I would recommend considering the current company policies and Collective Agreement that may talk about handling such situations. - We also understand the case is going to be long and will put great pressure on the workforce. To save time, expenses and effort, I recommend using a summary form of arbitration as there would be a lot of oral or written arguments submitted to an arbitrator. Part C: Extra Damages Awarding punitive or extra damages in arbitration An arbitrator is supposed to be a facilitator between parties to reach a mutually agreeable and beneficial solution. The Arbitration Board chair in most cases is a lawyer with extensive arbitration experience. The decision made by an arbitrator or Arbitration Board is final. Arbitration decisions can be filed in the Supreme Court and are enforceable as court orders. (Labour Relations Code Province of British Columbia, 2017). Appeals to the arbitration decisions can only be made to the Board as well as to the courts if: 1. One of the parties did not get a fair hearing. 2. The decision is inconsistent with the principles of the Code. Pros of an arbitrator having the ability to award extra damages: I. Set an Example: Arbitrators having the powers to award extra damages may set the wrongdoers as an example. This could lead to fewer parties bringing their cases to arbitration and trying to resolve via alternative dispute resolutions.

Assignment 7: Resolving Disputes Arising Under the Collective Agreement II. More Efficient and Cost-Effective: Arbitration boards could act as an arm of the courts when it comes to rewarding damages. The cost would be lower if the matter is taken to courts. Plus, more grievances would be settled via arbitration rather than the court system. III. Timing: An arbitration procedure is faster than taking its decision to the court. This means a resolution will be quicker. Cons of an arbitrator having the ability to award extra damages: I. Loss of Power: The courts would not be able to enforce their ruling since the decision and enforcing would be done by arbitration. This may result in arbitrators overstepping boundaries. II. Experience: Not all arbitrators are experts in the law and in some cases not even lawyers, leaving them open to many liabilities and wrong verdicts. (Skinner, 2004, module 7, topic 3). In my opinion, an arbitrator should not be able to award punitive damages to "teach the employer a lesson". This power should rest within our courts. Arbitrators and mediators are an inexpensive dispute resolution method selected mutually. Their goal should be to mediate and resolve parties’ grievance in a constructive manner, not setting examples. Part D: Major Module Assignment Case Scenario: Robert Findlay Robert has recently moved from Winnipeg to Vancouver to take a position as a maintenance engineer. He feels he is always been given the most labour intensive and brainless work at the plant. One day, Robert came late to work as he had been taking care of his wife and children suffering from the flu. The supervisor didn’t pay attention to Robert but gave him a verbal warning regarding the lateness as it could lead up to termination. Robert recently heard that there would be no bonus this year and decided to talk to the Union about all these arrangements. He was advised that the company

Assignment 7: Resolving Disputes Arising Under the Collective Agreement was within the Collective Agreement and nothing could be done. Robert was frustrated and took matters into his own hands and walked to his supervisor and quit. After a cooling off period, he called his supervisor and said he took the decision hastily and would like to have his position back. The supervisor advised that he had already resigned and that there is nothing he could do about it. Robert called the Union to see if this is grounds for a grievance. If the Union does file a grievance against the company, it would be for Robert to get his job back. The nature of the grievance would be for the Union worker. Robert has been through a lot of stress from moving from a different province, the cost associated to the moving. Plus, he had been taking care of his ill wife and children. The Union may make a case for Robert being given the most labour intensive job, however, there is not much evidence about this in this case, if Robert did mention this issue to his supervisor. Considering the above situations, Robert had quit verbally due to stress levels because of his situation at home and working conditions at the company. The remedy of the situation would be to give Robert his job back and allow Robert to take a paid week off from his vacation time to get some rest and take care of his family at home. On the company’s side, they could argue that they didn’t make a profit this year and the work may have been tough and slow. As mentioned above, Robert may have never mentioned the work-related issue to his supervisor. Firstly, I don’t think an issue of this magnitude would come to arbitration as this could be solved by the company and the Union. However, If the case did come to arbitration and I was the arbitrator, I would decide on Robert getting his job back, as he did verbally resign from work due to stress levels at work and home. Any days missed at work prior to the arbitration should be unpaid as Robert did verbally quit the job. If a settlement of grievance is done on a “without prejudice” basis, where neither party admits any wrongdoing plus the facts that the parties have settled, the matter cannot be used again in a subsequent dispute (Canada Labour Code, 1985). This scenario would

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Assignment 7: Resolving Disputes Arising Under the Collective Agreement not benefit either party as Robert did discuss his situation with his co-workers and his supervisor. Part E: Participation Summary

Assignment 7: Resolving Disputes Arising Under the Collective Agreement I contributed to 4 monthly online discussions. I analyzed each monthly discussion topic by first reading the article and or a case provided. My first online discussion was regarding the teachers' strike in British Columbia. The story was very contentious as to how the government wore multiple hats during the strike. The strategy of offering parents $40 was a very tactical move from the government's side to keep the harmony among parents during the strike. This strategy played well in gaining support from parents. In my opinion, It was not fair play when the government can change roles so easily as it weighs down its opponents. This should have been a level plain field for both parties, epically when discussing the Collective Agreement. The second discussion was B.C.’s Southern Railway employing lockout on their unionized workers to showcasing exercising power. We know a company may engage in locking out unionized employees if the following criteria were meet: • Collective agreement had expired. • Both parties had reached an impasse in bargaining. • A majority vote in support of a lockout was obtained. • A 72-hour notice to the Labor Relations Board as well as the Union was given. • A mediator was appointed. In the case it does appear, the company had exhausted all the above-listed points. Since the non-unionized staff members and managers can complete the work, this could lead to either a retaliation by the Union or a need to get back to the table and finalize the contract. Now, if the management & non-union employees can sustain carrying out operations, this does give the management/organization extra leverage at the bargaining table. Although, using management and non-union staff to carry out daily activities might just be a short-term solution.

Assignment 7: Resolving Disputes Arising Under the Collective Agreement The third case talks about the Supreme Court of Canada giving RCMP the right to form a Union. First things first, all essential service legislation prevents organizations such as police from going on strike. Therefore, going on a strike should not be an issue here. I did read in the news, cases on harassment PTSD related to RCMP which were not managed properly, this is probably a spinoff of that issue. Now, being unionized would surely bring about more protocols and transparency on how to proceed if the officers are mistreated. Some known pros for being unionized are better working conditions, job security, pay, benefits but the main one I would like to highlight is having the unity of all RCMP officers as a collective voice. On the other hand, Cons are difficulty to manage labor relation for a unionized RCMP, leading to increase costs to the tax payers. Promotions and pay hikes tied to seniority rather than ability. In my opinion, the benefits out run the cons when it comes to unionizing the RCMP officers. The fourth case talks about the RCMP being charged under the Canada Labour Board where specific sections of the Code were violated. I do agree the charges are necessary and justified. RCMP should be mandated to provide a safe environment for the public and officers which includes providing training and giving them access to the equipment they need for their jobs. I understand the RCMP was not unionized and therefore did not have a governing body ensuring a safe work environment but it’s a duty of an employer to provide a safe working environment. Contributing to the online discussions helped me to understand different perspectives to the same question. It was an example of how ten minds are better than one. The online discussions made me reference the material in depth to apply it to the question and or discussion. The participation and examples given by other students helped me understand the concepts better. Analyzing other students’ view on the same discussion helped me bring about new perspectives. Via online discussions, I have a better understanding of the concepts, labour codes, how the Code differs between provincial and federal level.

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Assignment 7: Resolving Disputes Arising Under the Collective Agreement I didn’t agree nor disagree with everything I read. The readings helped me understand the topics and modules better. In fact, they brought about a different view that I may not have noticed. Although I read the material recommended to come up with solutions for the discussion, sometimes I would stumble on a new or different view that would change my perspective on a topic all together . E.g. Initially, when I started the course, I was pro-union. However, participating and going through the discussions, I believe there should be a collective strategy between Companies and Union, like the mutual gains approach but from both fronts to work together to stay competitive and put more focus on the customer. References 1. Gunderson, M., Ponak, A., & Taras, D. G. (2005). Union-management relations in Canada. Toronto: Pearson Addison-Wesley. 2. Skinner, S. (2004). BBUS 3841: Labour Relations. Study Guide. 3rd Edition. 3. Guide to the Labour Relations Code Province of British Columbia. Retrieved April 12, 2017, from http://www.lrb.bc.ca/codeguide/appendixb.htm 4. Guide to the Labour Relations Code Province of British Columbia. Retrieved April 12, 2017, from http://www.lrb.bc.ca/codeguide/chapter9.htm 5. Branch, L. S. (2017, April 07). Consolidated federal laws of Canada, Canada Labour Code. Retrieved April 13, 2017, from http://laws-lois.justice.gc.ca/eng/acts/L-2/FullText.html

BBUS 3841 _ Assignment 7

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