You be the Arbitrator: Scheduling Saturday as Part of the Workweek pg. 282-284
Issue – Did the employer violate the collective bargaining agreement by scheduling Saturday as a part of the basic workweek?
1.) As the arbitrator, what would be your award and opinion in this arbitration?
Article II – Union-Management Relations Section 2.5 Management of the CBA states the employer retains all rights, powers and authority exercised or had by it prior to the time the employer entered into its first collective bargaining agreement with the Union, and the right to control the workforce, the assignment and scheduling of work. The company has the right to alter work schedules to meet the needs of its consumer in accordance with Article II, Section 2.5 of the CBA. The work hours listed in Article V, Section 5.1; the basic workweek shall be from 12:01 a.m. Sunday and end at mid-night 12:00 a.m. Saturday. These hours do preclude the company from scheduling anyone on Sunday in accordance with Article V, Section 5.5(b). If the company wants to schedule someone during those hours they are entitled to earn (1) work credit share for each Sunday worked under any non-consecutive day work schedule. Double time is not applicable unless those employees work more than the 40 hours of scheduled workweek.
2.) Identify the key,
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relevant section(s), phrases, or words of the collective bargaining agreement (CBA), and explain why they were critical in making your decision. Article II – Union-Management Relations Section 2.5 Management of the CBA states the employer retains all rights, powers and authority exercised or had by it prior to the time the employer entered into its first collective bargaining agreement with the Union, and the right to control the workforce, the assignment and scheduling of work.
This allows the company to change and alter the work schedule as needed. Article V, Section 5.1; the basic workweek shall be from 12:01 a.m. Sunday and end at mid-night 12:00 a.m. Saturday. Sunday is not a scheduled day, no matter how each side argues, Sunday is a day off and if not, credit is to be given to that
employee. 3.) What actions might the employer and/or the unions have taken to avoid this conflict? The Company and the union should enter into a collective bargaining agreement to resolve new scheduling conflicts. Meeting the needs of the consumer is the primary focus of the company. The union should recognize the company’s key tasks/mission and find solutions to meet those needs. Company growth is good for both employer and employee. Coming to terms with new commitments are both the company’s and the union’s responsibility. They are both at fault to not finding solutions to such a problem before it goes to litigation.
At the beginning of the year, a work schedule policy change was made to increase production hours as a result of company growth. The previous Monday through Friday work schedule
You are required to work a minimum of 50 hours in a week if you are in management and this is done on a tracking system. You are expected to work two night shifts in a week, weekends and every holiday excluding Thanksgiving,
“Industrial unions dominated the landscape of the late nineteen century U.S. labor movement.” They gathered all level workers together without discrimination of gender, race, or nationality. They declared the eight-hour workday for the first time when normal work time should be 12. Low wage of workers caused the “Great Strike of 1877”, which began with railroad workers in Pennsylvania and West Virginia. After the “Great Strike”, industrial union started to
Tensions between union supporters and management began mounting in the years preceding the strike. In April of 1994, the International Union led a three-week strike against major tracking companies in the freight hauling industry in attempts to stop management from creating $9 per hour part-time positions. This would only foreshadow battles to come between management and union. Later, in 1995, teamsters mounted an unprecedented national union campaign in attempts to defeat the labor-management “cooperation” scheme that UPS management tried to establish in order to weaken the union before contract talks (Witt, Wilson). This strike was distinguished from other strikes of recent years in that it was an offensive strike, not a defensive one. It was a struggle in which the union was prepared, fought over issues which it defined, and one which relied overwhelmingly on the efforts of the members themselves (http://www.igc.org/dbacon/Strikes/07ups.htm).
calendar They never went on strike without permission They worked ten days a week and were
This incident set the eight -hour-day movement back by a few years. In the early parts of the 20th century, many struggles between unions and corporations over hard work, unsafe and unhealthy working conditions for very low wages were surfacing. One confrontation, that in the end was stoped by a federal court raised many questions about weather the government could simply force union workers to return to work though an injunction.
one of the points in the act is ‘An employee asked to work on a Sunday
In this essay, I will be examining how the court system can fail to deliver justice for particular cases and people’s circumstances, as well as looking at alternatives to court, like circle sentencing, restorative sentencing and alternatives for children to the formal court system, as outlined in the Young Offenders Act 1997 (NSW). Crime is defined in the Oxford Dictionary as an action or omission which constitutes an offence and is punishable by law. On the other side of this is justice; the quality of being fair and reasonable.
In the 1870s, several Radical Republicans agitated for the eight hour day and improved conditions and treatment for the working people. But, with limited power and isolation in Congress, the Radical Republicans were unable to persuade Congress to pass legislation to protect the emerging trade union movement.
The defendant is an Airlines Company that had 900 employees. The economic crisis followed with monetary crisis gave bad effects to the defendant. They should decrease the number of their airplanes form 9 to 2 airplanes. They also had to do the efficiency on their employees to 700. On the efficiency process, there was an agreement between the defendant and employees representation on October 30 1998. The agreement stated that they would bring Independent Public Accountant to analyze company financial condition. During the process, all side should work on their duty. The Defendant should pay employees’ wage. The agreement was not guarantee that didn’t mean the dispute process was over, but the negotiation still moved on. During the process, there was another agreement between the defendant and several employees. They agreed the finish the disputed process and the employees would get separation pay. Meanwhile, other employees, who were 153 people didn’t agree with that agreement. Because they didn’t agree each other, so the employees gave the case to the “Panitia Penyelesaian Perselisihan Perburuhan Pusat (P4P)”.
...t be at least minimum wage. The employer is required to pay the employee his overtime pay on the regular payday for the pay period in which the wages were received. An agreement made by an employee and employer does not wave overtime pay. It is also against FLSA compliance for an agreement to be made that 8 hours in a 40 hour work week will count as working time.
In line with the continuous improvement initiative to uplift the service delivery system to the public, flexible working hour’s schedule which is also known as Staggered Working Hours (SWH) has been implemented in the Federal Territory of...
Commission for Labor Cooperation (2002) “ United States Labor Law.” Viewed online on 11/18/2004 at http://www.naalc.org/english/publications/labormain.htm
...so, other violations included that they failed to give employees an extra hour of pay at minimum wage when 10 or more hours is worked.
CBA  Collective Bargaining Agreements A collective bargaining agreement collectively sets the terms on which an employer offers individual work contracts to each of its employees in the bargaining unit. A bargaining agreement, also herein referred to as a labour agreement, is a legally enforceable written commitment, which states the rights and duties of all parties involved. The labour agreement should be made in good faith and is intended to be observed and not violated. The National Labour Relations Act obligates employers and unions to bargain in good faith concerning terms and conditions of employment, including hours and wages. Like any normal contract, competent parties must enter into a labour agreement.