Title: Online Course Assignments: Module 6 Discussion and Assignment Workbook

 

Module 6 Discussion

Topic 1: Management Rights and Company Policies 

Activity 2: Dress Codes

In your reflective journal, consider if you think an arbitrator using the KVP test would uphold the dress codes below:

(i) No union pins might be worn on employee uniforms.

(ii) No nose rings or beards are allowed.

(iii) Men cannot wear shorts in the office.

In addition, consider if you or a person you know has ever been subject to a dress code at the place of work. Would the dress code pass the KVP test?

Number of words: 352

Topic 2: Discipline

Activity 4: Internet Usage

Case Study: Gary

In your reflective journal, use the William Scott test to evaluate if you think a termination would be upheld in this case. To discover the real outcome of this case, read the Krain v. Toronto Dominion Bank case.pdf Were you surprised by the decision? Why or why not?

Number of words: 401

 

Topic 3: Attendance Management and the Duty to Accommodate

Activity 5: Duty to Accommodate Web Site Resource

There is a very good Canadian website about the duty to accommodate at http://www.accommodate.ca Browse the website. Document in your reflective journal three concepts that you find surprising about the duty to accommodate and the role it places on the employer.

In your reflective journal, comment on the following: Have you or has any person you know ever required to be accommodated in a workplace? How did the employer meet (or did not meet) its duty?

Number of words: 278

Topic 4: Contract Interpretation

Activity 6: Meal Allowance

Assume that the union has filed grievances on behalf of three employees, claiming that the corporation improperly denied them meal allowances for assigned overtime that was worked on March 18, 2001. You have reviewed the file and determined the following:

(i) Employee A's regular hours of work are 9:00 a.m. to 5:30 p.m. He came in to work early on March 18, 2001 and worked from 7:00 a.m. to 5:30 p.m.

(ii) Employee B's regular hours of work are 9:00 a.m. to 5:30 p.m. She came in to work early on March 18, 2001 and worked from 8:00 a.m. to 6:30 p.m.

(iii) Employee C's regular hours of work are 9:00 a.m. to 5:30 p.m. He worked late March 18, 2001 and worked from 9:00 a.m. to 7:30 p.m.

The collective agreement reads as follows:

3.10 Meal Allowances

The corporation will offer a meal allowance of up to $9.00 to an employee:

(i) Where an employee is required to work overtime and the actual overtime worked, exclusive of any meal period, is two (2) hours or longer past the regular day or shift; and

(ii) Where the expense was actually incurred and can be supported by receipts.

In your reflective journal, provide examples of several aids to interpretation that might be used to decide which worker has a valid claim. Which employee(s) do you feel have a legitimate grievance? Why?

Numbers of words: 138

Total Number of Words for the Module 6 Discussion/activities: 1, 169 (3.9 pages)

Module 6 Assignment

Part A: Attendance Management

Case Study: Molson's

At the Molson's plant, a unionized workplace, management is very concerned about employee attendance. The company is suspicious that several employees are calling in sick and then working at other jobs. Nonetheless, it also identifies that several employees are truly ill once in a while. Some managers are very proactive in monitoring their employees' attendance and holding discussions with particular workers. Other managers are pretty lax about the whole attendance issue. They feel that the workers bargained for the sick leave provision and should not be given a hard time about using it.

The company has requested you to look at the following attendance management policy that they are thinking of implementing, and to advice on whether, if challenged, an arbitrator would uphold it.

Attendance Policy

All employees must attend work regularly. When an employee is ill and cannot work, he or she should call his or her immediate supervisor and reveal the nature of the sickness and the expected return to work date. All absences should be authenticated with a note from the employee's doctor. Meetings between the employee, his or her manager, and a union representative will be held when a full-time employee is absent on more than four days per month. This meeting will be followed up with a written warning placed on the employee's personnel file. Any employee who gets four letters in any year will be terminated without recourse to the grievance procedure.

Use the KVP test to evaluate the clause.

Number of words: 336

Part B: Discipline

In the “Internet Usage” activity in Topic 2, you read the Krain case. Reread the case. Using your reflections, write about the mitigating factors that were considered (or might have been considered) in determining whether termination was an appropriate response by the employer. Feel free to create new facts if you need them (but ensure you recognize them as such).

Number of words: 257

Part C: Contract Interpretation

          In the “Meal Allowance” activity in Topic 4, you considered an interpretation issue that involved a meal reimbursement. Another common area of disagreement in collective agreements is the provisions about leaves of absence. Consider the following example:

Case Study: Homer

          Homer is a safety inspector at a unionized nuclear power plant. He was scheduled to go on a five-day vacation beginning on Monday, April 22 and return to work on Monday, April 29. On the morning of his first day of vacation, Homer's sister-in-law died suddenly of undiagnosed lung cancer. Homer called his manager on Friday, April 26. He asked to have four (4) days of his vacation (April 23–26) reinstated and paid as bereavement leave “based on Article 10.04.”

               The collective agreement reads as follows:

Article 10.04: Vacation Reinstatement for Bereavement Leave

         A worker who is informed of the death of a relative prior to the start of his/her scheduled vacation may have up to three (3) vacation days reinstated and paid as bereavement leave. What would you tell Homer? Would you grant him his request? Why or why not? Make whatever assumptions you feel are necessary in order to defend your answer.

Number of words: 236

Part D: Major Module Assignment

Case Study: Jane

Jane has been a unionized nurse at Happy Patients Hospital for a period of 15 years. She has never been disciplined before. Her personnel file, however, does contain several letters about her poor attendance over the years. Two weeks ago, one of Jane's co-employees came forward. She told you that she had seen Jane take some prescription painkillers from the medicine closet. She has done so without filling out the proper inventory form. Jane then disappeared into the bathroom for 15 minutes. For the rest of the day, Jane's eyes were red. She seemed “stoned.” You have spoken to some of your colleagues who inform you Jane should be fired immediately.

Do you agree that Jane must be fired? Is this a discipline matter? Or is it an accommodation matter? Explain.

Number of words: 331

Total Number of Words for Module 6 Assignment: 1, 160 (pages)

 

Total Number of Words for Module 6 Discussion and Assignment: 2, 329 (approximately 7.7 pages)