Critically evaluate the article presented below. Your analysis should include: (1) a discussion of why employers and unions have such a difficult time reaching a collective agreement, (2) what advice you would give to the parties based on what you have learned from the course and your experience completing the collective bargaining simulation, and (3) your recommendation regarding how the parties should resolve the dispute (alternative dispute resolution techniques). Overall, do you support the position of the union (and its members) or the employer? Be sure and support your position. Application of concepts and materials from the course will strengthen your answer.

Locked-out St. John's Auto Dealership Staff Disheartened Over Employer's Demands

Locked-out sales staff at the Hickman Chrysler Jeep dealership in St. Johns wish they could resume selling vehicles, but little headway has been made in the four-week labour dispute. Nine employees were impacted by the employers decision to lock staff out. According to Roger Spracklin, business agent for Teamsters Local 855, the main issue standing in the way of a new collective agreement is the future of commissions on wholesale deals. He said the company is looking for concessions that would either fully take away or seriously reduce what staff can earn from these transactions.

Theyre commission based, Spracklin said of the staff. If they dont sell, they dont make any money. Theres a small guarantee, a minimum theyll get paid every month, but its sort of a false safety net, because if you find yourself availing of that for too many months, youll be let go, because youre clearly not selling anything. The concessions the employer is looking for could impact annual employee income by 15 to 20 per cent.

Spracklin said the employer demands are particularly concerning during the COVID-19 pandemic, as the availability of vehicles to sell has slowed down due to a global shortage of computer chips. If there ends up being very little product to sell, these folks cant make any money anyway, because if theres nothing to sell, theres no commission to be made. Spracklin suspects the timing of the lockout works to the employers advantage, noting this time of year tends to be slow for vehicle sales.

The lockout started following the end of the workday on Friday, January 22, 2021. Spracklin said the company did reach out this past week to set up a meeting but talks between the two sides and a conciliator failed to make any progress. The workers last contract expired in the fall of 2019. According to Spracklin, that contract was rolled over for one year, and staff initially expected that would happen again last fall (2020) but the employer served notice to negotiate, which ultimately forced us to the table.

Hickman Chrysler Jeep is part of Hickman Automotive Group, a company with more than a dozen vehicle and motorcycle dealerships spread throughout eastern and central Newfoundland. A spokeswoman for Hickman Automotive Group stated that the company is not commenting publicly on the lockout.