BBUS 3841 _ Assignment 6

docx

School

Thompson Rivers University *

*We aren’t endorsed by this school

Course

3841

Subject

Management

Date

Feb 20, 2024

Type

docx

Pages

Uploaded by Ojdatt

Assignment 6: Administration of the Collective Agreement Part A: Attendance Management An employer announcing workplace policies is a common way to make rules regarding issues that are not captured in the collective agreement. The employer would need to prove the policy being added is in harmony with the KVP test. Employee attendance is one of the key concerns for an employer as it costs the employer in sick leave, inefficiencies and decrease in morale for the employee picking

Assignment 6: Administration of the Collective Agreement up the burden. Due to these issues, many employers do implement attendance management programs. However, these programs are non-disciplinary and are set to promote a productive employee culture. During bargaining agreement negotiations, Unions ensure that the employer implements the program in a fair manner. In the Molson case study an attendance program policy was not agreed upon. The Union did establish sick days in the collective agreement. If the employer wants to set up this policy for the employees, the Union can challenge the policy and the employer must prove the policy is being added in harmony with the KVP test. (Skinner, 2004, module 6, topic 1). The KVP test mandates: 1. The new policy must not be inconsistent with the current Molson’s collective agreement. 2. It must not be unreasonable. 3. It must be clear. 4. It must be brought to the attention of the employees affected. By reviewing the mandates above, the new attendance policy would not uphold as it’s inconsistent with the collective agreement. It states employees have sick days they can use. Plus, poor attendance is a non-culpable action. Hence, management cannot issue a written warning or terminate an employee based on a non-culpable issue. However, management must sit down to discuss possible accommodation options. Part B: Discipline In the Krain v. Toronto-Dominion Bank case, Krain was terminated due to inappropriate internet usage. The employee was found guilty using company computers for accessing (Krain Vs Toronto- Dominion Bank, 2002): I. Pornographic material during work hours. II. Downloaded pirated software, games and movies and sending it to his home PC.

Assignment 6: Administration of the Collective Agreement TD’s company policy relating to internet usage states that it must be for professional and company use only. Viewing, downloading sexual and pirated content material can lead to dismissal. There are several mitigating factors that TD could have looked at in determining whether termination was appropriate. Although the act committed was serious, as it leaves TD on the hook to be sued for infringement of copyright as well as tarnish the bank's reputation. Considering the fact Krain was a long-standing employee, TD could have given him an unpaid suspension. TD could have applied the principles of the William Scott arbitration. (i) The immediate offense of the employee that lead to the termination: The offense was very serious as downloading illegal content puts TD at risk for being sued. (ii) Was the employee's conduct premeditated, or repetitive: The offense was done more than once. However, Krain admitted he was sorry and didn’t know about the written policy and would not engage in such actions in the future. (iii) Does the employee have a long length of employment and remained disciplinary free: Krain had been with TD for 10 years and never had any disciplinary actions. (iv)Has the employer attempted earlier and more moderate forms of corrective discipline of this employee: Krain was aware of the company policy but never saw it in writing. This was the first-time TD contacted him regarding the issue. (v) Is the discharge of this individual employee in accordance with the consistent policies of the employer: The Company policy states the internet usage is only for professional and company work. Viewing and downloading sexual and pirated content material can lead to dismissal. (Skinner, 2004, module 6, topic 2) Part C: Contract Interpretation In this case study, Homer is a nuclear power plant worker who is set to go on vacation on the 22 nd April – 29 th April. On the 22 nd April, his sister passes away due to lung cancer. He calls his manager on 26 th April, asking for 4 days of his vacation to be reinstated as bereavement days.

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

Assignment 6: Administration of the Collective Agreement According to Article 10.04, Homer is entitled to 3 vacation days for vacation reinstatement for vacation leave. The Article also states the above is applicable if the employee notifies his manager a day before his vacation starts. Although Homer didn’t notify the manager about the bereavement till the 26 th April, I would still grant him the 3 days to be reinstated as bereavement as per the agreement under Article 10.4. Part D: Major Module Assignment A disciplinary process is instated when an employee neglects to follow employer’s policies and or engages in other culpable conduct. The objective here is to correct the behavior. (Skinner, 2004, module 6, topic 2). I do not agree that Jane should be fired. This may be the case for an accommodation matter. First, the hospital would need to prove if Jane’s behavior was culpable and in fact has been stealing prescription medication without filling in the inventory form. Secondly, the employer alongside a Union representative needs to understand why Jane is always late, as she already has many written warnings regarding this issue. Third, the company and the union representative need to discuss the incident where Jane was witnessed drugged with blood shot eyes. By following that scenario, they can either rule out a duty for accommodation, because by-law an employer must sit down with an employee who is constantly absent or talk to them about their absences. The Hospital management must first determine if the employee suffers from a disability as covered by Human Rights Legislation. Examples include: A. Fibromyalgia B. Depression and anxiety C. Bipolar disorder D. Cerebral palsy E. Diabetes F. Drug/alcohol dependency G. Amputated foot H. Carpal tunnel syndrome

Assignment 6: Administration of the Collective Agreement I. Visual/hearing impairments J. HIV positive Jane cannot be fired because if its determined that her absence and behavior is due to a mental or physical illness. If Jane has a legitimate medical condition or if she has a drug dependency, she cannot be fired as the Canadian Human Rights Act sees dependency on alcohol or drugs as a disability and provincial laws forbid discrimination based on physical or mental disabilities. (Canada Human Rights Commission, 2013) Instead, the Hospital must “accommodate” the employee to the point of “undue hardship.” (Skinner, 2004, module 6, topic 3) References 1. Gunderson, M., Ponak, A., & Taras, D. G. (2005). Union-management relations in Canada. Toronto: Pearson Addison-Wesley. 2. Krain V. Toronto- Dominion Bank, No. YM2707-5654 (Canada Labour Arbitration September 23, 2002). 3. Skinner, S. (2004). BBUS 3841: Labour Relations. Study Guide. 3rd Edition. 4. S. (2014, December 16). How are human rights protected in Canada? Retrieved April 09, 2017, from http://www.chrc-ccdp.gc.ca/eng/content/how-are-human- rights-protected-canada

Related Documents

LS 145 Disc_Week 9_Handout_Solved.pdf

LS 145 Disc_Week 2_Handout.pdf

Discussion Assignment Rubric 5pts(1).docx

_Solution__Quality_Control_HW.docx

VisionIntoAction2021 Assignment .docx

OB Theory.docx

1st discussion.docx

BBUS 3841 _ Assignment 2.docx

Journal 2 Rickman.docx

Leadership Preference Reflection Essay- Final Draft.docx

WorkingDefinitionLeadership(1).docx

QuestionnaireActivity2021 _ Blank Template April 2021(2).docx

Recommended textbooks for you

Management, Loose-Leaf Version

Management

ISBN:9781305969308

Author:Richard L. Daft

Publisher:South-Western College Pub

Understanding Management (MindTap Course List)

Management

ISBN:9781305502215

Author:Richard L. Daft, Dorothy Marcic

Publisher:Cengage Learning

Marketing

ISBN:9780357033791

Author:Pride, William M

Publisher:South Western Educational Publishing

Practical Management Science

Operations Management

ISBN:9781337406659

Author:WINSTON, Wayne L.

Publisher:Cengage,

Principles of Management

Management

ISBN:9780998625768

Author:OpenStax

Publisher:OpenStax College

SEE MORE TEXTBOOKS

Recommended textbooks for you

Management, Loose-Leaf Version
Management
ISBN:9781305969308
Author:Richard L. Daft
Publisher:South-Western College Pub
Understanding Management (MindTap Course List)
Management
ISBN:9781305502215
Author:Richard L. Daft, Dorothy Marcic
Publisher:Cengage Learning
Marketing
Marketing
ISBN:9780357033791
Author:Pride, William M
Publisher:South Western Educational Publishing
Practical Management Science
Operations Management
ISBN:9781337406659
Author:WINSTON, Wayne L.
Publisher:Cengage,
Principles of Management
Management
ISBN:9780998625768
Author:OpenStax
Publisher:OpenStax College