Question: Henry has worked for North 4 9 , a small manufacturer of transistors, as a production supervisor for 1 5 years. He is 4 2
Henry has worked for North a small manufacturer of transistors, as a production supervisor for years. He is years old, and the oldest member of the young workforce. He is also the only member of the production team paid a regular salary, rather than an hourly wage, and the only one with a noncompetition agreement which restricts him from working for any other electronics component manufacturer in the province for years following termination of his employment with North except as a result of a layoff.
As part of a Recession Work Plan, management at North demanded that he and the other production workers be reduced to hour shifts but to be oncall, including weekends, without any extra pay if there is a demand spike. Henry explained to his boss, Ted, that he couldnt follow this plan, as it would require him to be available on the weekends when he must be available to look after his young children during his wifes Hailey, shifts as an emergency medical service dispatcher.
North is not a unionized environment, though one of Henrys colleagues has suggested getting certified; as a supervisor, and as the only salaried employee, Henry is not sure if he would be part of any such bargaining agreement.
Indeed, management believes that it might have to shut down the company if a union was formed and they were forced to capitulate to a unions demands. Haileys sister is married to Ted, who spearheaded and approved the recession work plan in the first place. Caressas a stayathome mom to challenged twins and the family, even potentially her sister Hailey and her husband Henry, would be severely impacted if Teds job were to be in jeopardy.
Henry has come to you for help for possible solutions to his dilemma.
What rights does he have to request accommodation? What can his company demand of him? Would joining a union necessarily be the best solution?
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