33 po . . = Larry Suffield - Labour Relations.pdf CASE INCIDENT ROADWAY SERVICES + X Roadway Services maintains highways in British Columbia pursuant to a contract with the Ministry of Transportation. In addition to clearing debris in the summer, and plowing snow in the winter, the company operates several ferries crossing waterways. Roadway employees are represented by a union. One of the ferries operated by Roadway crosses a river at Beautytown. Most of the municipality is located on the east side of the river, and the town's medical, police, and fire services are headquartered on the east side. The only gas stations and grocery store serving the community are also located on the east side. Approximately 500 residents of the town live on the west side of the river. There are two alternative routes to the ferry: residents can walk along trails and cross the river using a railway bridge near the centre of town, or they can drive one hour along the river one way to another ferry and then drive back along the other side. The relevant portions of the Labour Relations Code provide as follows: Apps YouTube Maps M Gmail Home | Chegg.com A Not secure | 67.21.150.42:5056/moodle/pluginfile.php/42657/mod_resource/content/1/Case%20Study.pdf Essential services 1 / 2 72 (1) If a dispute arises after collective bargaining has commenced, the chair may, on the chair's own motion or on application by either of the parties to the dispute, (a) investigate whether or not the dispute poses a threat to (i) the health, safety, or welfare of the residents of British Columbia, (b) report the results of the investigation to the minister, (2) If the minister (a) after receiving a report of the chair respecting a dispute, or (b) on the minister's own initiative considers that a dispute poses a threat to the health, safety or welfare of the residents of British Columbia, the minister may direct the board to designate as essential services those facilities, productions and services that the board considers necessary or essential to prevent immediate and serious danger to the health, safety or welfare of the residents of British Columbia, (3) When thet minister makes a direction under subsection (2) the associate chair of the Mediation Division may appoint one or more mediators to assist the parties to reach an agreement on essential services designations. + %001 - (8) If the board designates facilities, productions and services as essential services, the employer and the trade union must supply, provide or maintain in full measure those facilities, productions and services and must not restrict or limit a facility, production or service so designated. (9) A designation made under this section may be amended, varied or revoked and another made in its place Normally the ferry service operates 6:30 A.m. to 10:30 P. M. seven days a week. Prior to the expiry of the collective agreement, the company and the union entered into an essen- tial services agreement in March 2010 that provided that if there was a strike the ferry would operate from 6:30 to 9:30 A.M. and from 2:30 to 5:30 P.m. weekdays, and in the event of an emergency an additional crossing would be arranged. A strike started on April 16, 2010, and the ferry operated pursuant to the essential services agreement until June. For three weeks in the month of June, the operation of the ferry was suspended because of high water. On June 28, at the end of the school year, the union filed an application with the Labour Relations Board to reduce the level of service provided by the ferry, claiming that during the summer school break the service should be reduced. In the school year, there are two large buses and three small buses using the ferry making round trips each day. In July and August, there would be only one school bus making a round trip each day. The union 3 Public Sector Labour Relations 287 Ora () ENG 1:30 PM 2021-03-27 | E 33 Oo + L. . = Larry Suffield - Labour Relations.pdf Apps YouTube Maps M Gmail proposed that the hours of operation be reduced to 7:45 to 8:45 A.M. and 1 to 2 P.M. in July and August. The union's application also provided that the hours of operation be restored to those provided in the original essential services agreement when the new school year started. The employer opposed the reduction in hours, and made a counterapplication request- ing that the service hours be restored to normal hours of operation. The employer based its application on complaints it had received during the operation of the essential services agreement and a few specific incidents. Many residents on the west side were using the railway bridge and wheelbarrows to obtain groceries. At the end of the hours of operation provided in the essential services agreement, there were on average five cars lined up on each side. A pregnant woman who required medical attention had walked across the rail- way bridge. Several farmers on the west side who normally use the ferry to transport pro- duce were concerned that they had been forced to take the alternative road route. There had also been an incident in which an ambulance was delayed crossing when the ferry was not operating because there was no cellular phone service in the area, and employees had to be tracked down to operate the ferry. + X Home | Chegg.com A Not secure | 67.21.150.42:5056/moodle/pluginfile.php/42657/mod_resource/content/1/Case%20Study.pdf Questions 1. Outline the argument that the employer will make before the Labour Relations Board. 2. Outline the response the union would make to the employer's request for a return to normal hours of operation. 3. What powers does the British Columbia provincial minister responsible for labour relations have in this situation? How might this work stoppage be ended? 212 | - 100% + Ora (.)) ENG 1:30 PM OneDrive OneDrive. The screenshot was added to your Screenshot saved | 2021-03-27 33 po . . = Larry Suffield - Labour Relations.pdf CASE INCIDENT ROADWAY SERVICES + X Roadway Services maintains highways in British Columbia pursuant to a contract with the Ministry of Transportation. In addition to clearing debris in the summer, and plowing snow in the winter, the company operates several ferries crossing waterways. Roadway employees are represented by a union. One of the ferries operated by Roadway crosses a river at Beautytown. Most of the municipality is located on the east side of the river, and the town's medical, police, and fire services are headquartered on the east side. The only gas stations and grocery store serving the community are also located on the east side. Approximately 500 residents of the town live on the west side of the river. There are two alternative routes to the ferry: residents can walk along trails and cross the river using a railway bridge near the centre of town, or they can drive one hour along the river one way to another ferry and then drive back along the other side. The relevant portions of the Labour Relations Code provide as follows: Apps YouTube Maps M Gmail Home | Chegg.com A Not secure | 67.21.150.42:5056/moodle/pluginfile.php/42657/mod_resource/content/1/Case%20Study.pdf Essential services 1 / 2 72 (1) If a dispute arises after collective bargaining has commenced, the chair may, on the chair's own motion or on application by either of the parties to the dispute, (a) investigate whether or not the dispute poses a threat to (i) the health, safety, or welfare of the residents of British Columbia, (b) report the results of the investigation to the minister, (2) If the minister (a) after receiving a report of the chair respecting a dispute, or (b) on the minister's own initiative considers that a dispute poses a threat to the health, safety or welfare of the residents of British Columbia, the minister may direct the board to designate as essential services those facilities, productions and services that the board considers necessary or essential to prevent immediate and serious danger to the health, safety or welfare of the residents of British Columbia, (3) When thet minister makes a direction under subsection (2) the associate chair of the Mediation Division may appoint one or more mediators to assist the parties to reach an agreement on essential services designations. + %001 - (8) If the board designates facilities, productions and services as essential services, the employer and the trade union must supply, provide or maintain in full measure those facilities, productions and services and must not restrict or limit a facility, production or service so designated. (9) A designation made under this section may be amended, varied or revoked and another made in its place Normally the ferry service operates 6:30 A.m. to 10:30 P. M. seven days a week. Prior to the expiry of the collective agreement, the company and the union entered into an essen- tial services agreement in March 2010 that provided that if there was a strike the ferry would operate from 6:30 to 9:30 A.M. and from 2:30 to 5:30 P.m. weekdays, and in the event of an emergency an additional crossing would be arranged. A strike started on April 16, 2010, and the ferry operated pursuant to the essential services agreement until June. For three weeks in the month of June, the operation of the ferry was suspended because of high water. On June 28, at the end of the school year, the union filed an application with the Labour Relations Board to reduce the level of service provided by the ferry, claiming that during the summer school break the service should be reduced. In the school year, there are two large buses and three small buses using the ferry making round trips each day. In July and August, there would be only one school bus making a round trip each day. The union 3 Public Sector Labour Relations 287 Ora () ENG 1:30 PM 2021-03-27 | E 33 Oo + L. . = Larry Suffield - Labour Relations.pdf Apps YouTube Maps M Gmail proposed that the hours of operation be reduced to 7:45 to 8:45 A.M. and 1 to 2 P.M. in July and August. The union's application also provided that the hours of operation be restored to those provided in the original essential services agreement when the new school year started. The employer opposed the reduction in hours, and made a counterapplication request- ing that the service hours be restored to normal hours of operation. The employer based its application on complaints it had received during the operation of the essential services agreement and a few specific incidents. Many residents on the west side were using the railway bridge and wheelbarrows to obtain groceries. At the end of the hours of operation provided in the essential services agreement, there were on average five cars lined up on each side. A pregnant woman who required medical attention had walked across the rail- way bridge. Several farmers on the west side who normally use the ferry to transport pro- duce were concerned that they had been forced to take the alternative road route. There had also been an incident in which an ambulance was delayed crossing when the ferry was not operating because there was no cellular phone service in the area, and employees had to be tracked down to operate the ferry. + X Home | Chegg.com A Not secure | 67.21.150.42:5056/moodle/pluginfile.php/42657/mod_resource/content/1/Case%20Study.pdf Questions 1. Outline the argument that the employer will make before the Labour Relations Board. 2. Outline the response the union would make to the employer's request for a return to normal hours of operation. 3. What powers does the British Columbia provincial minister responsible for labour relations have in this situation? How might this work stoppage be ended? 212 | - 100% + Ora (.)) ENG 1:30 PM OneDrive OneDrive. The screenshot was added to your Screenshot saved | 2021-03-27