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Appendix C Contract Negotiation Simulation . Clean Right Partners Inc. company and ASU does not contain any language regard You will be provided with further information and instruct may affect bargaining unit members. ing contracting out of mergers and acquisition scenarios tions regarding the analysis and a possible renewal of the collective agreement provided below between Clean Right Partners Incorporated and the Allied Service Union Issues Arising Under the Collective Canada. The outlined collective agreement has an expiry Agreement date listed in this simulation which may be altered by your The union's business agent union local president and bar- instructor gaining committee began a concerted intr-organisational Background bargaining process with their parent union's business agent and legal counsel union local leaders and the general Clean Right Partners is an independent, private sector op membership once notice to bargain had been served on the eration located in a major urban centre in your province company. The following priorities for the upcoming round The company was established in 1997 by brothers Michael of bargaining induded: and Zack Cummings. The brothers had previously owned a chain of dry cleaning stores which they sold to open Clean FOR THE UNION Right Partners. Their initial clients were two area hospitals Union security-delete Article 1.02(e) and demand and one nursing home. Due to the entrepreneurial spirit of hiring more part-time employees to cover vacation the two brothers, the business grew quickly and over the leaves next two decades has become a major player in health care Vacation entitlement-increase entitlements-TV industrial uniform and linen cleaning services in the region Clean Right Partners was unionined on two occasions first weeks (%) after one year but less than three (3) years in 2007, for production and maintenance personnel (a total the wees (6) after three years' service but less than seven years, Four weeks (8%) after seven (7) years but of 110 full-time and part-time staff represented by SEIL then in 2010, by Allied Services Union Canada (ASU) for less than eleven (11 years and five (5) weeks (10%) after drivers and loading dock employees a total of 19 full-time dieven (11) years (Article 11). and part-time). The company has a small human resources Management rights-eliminate language "who has department with a director, health and safety coordinator, acquired seniority from current Article 3.01. benefits coordinator, HR assistant and HR clerk receptionist Compensation--increase annual shoe allowance to The HR director handles all union-related matters with the $175 per year (Article 11.03) support from time to time of outside legal counsel. There Compensation-cost-of-living adjustment to be nego have been two prior collective agreements between ASU tiated in new contract (New) and the company. While the first collective agreement was Hours of work--Innguage guaranteeing minimum of achieved with the help of mediation after a rather acrimo hours reporting pay if shift is cancelled. (New). nious start, the second round of bargaining proceeded to a Seniority--reduce probationary period (after which successful conclusion without the threats of either a strike seniority is accumulated) from one hundred and eighty or a lockout. (180) calendar days to sixty (60) calendar days, and While Clean Right Partners is a major player in the will have no seniority rights during that period health care and industrial uniform and linen markets in (Article 14.02) their region, there has been a strong rumour over the Leaves of absence-add any leave of absence language last six months of a possible corporate acquisition by a renowned provincial cleaning and linen service company into the agreement in keeping with any LOA intro The Cummings brothers are approaching retirement age yet duced by government through employment standa or other legislation during the term of the expir maintain they are not entertaining any overtures from this agreement. Negotiate up to ten paid days for any or any other potential buyer. Needless to say, union mem- approved LOA now not paid by employer (New). bers throughout the company are somewhat anxious with this situation. The current collective agreement between the Job posting-eliminate second paragraph of Article 17.01. 290 . . . . . . . Employee benefits--no action taken on promised Compensation-change safety shoe allowance period employer commitment on long-term disability protect - from 12 to 18 months (Article 11.03). see last sentence in Article 19.01. Sick leave-current accumulation formula but stop Sick leave-increase monthly sick leave credit accu- any "carry-over" or "pay-out" of unused credits from mulation to two days (16 hours) per month and make one year to the next (Article 20). adjustments based on this change to Article 20.01 and 20.02. Another Important Matter FOR THE COMPANY While Clean Right Partners is a major player in the Grievance procedure-introduce language before the health care and industrial uniform and linen markets in reference to Step 1 that articulates the necessity of first their region, there has been a strong rumour over the having a "complaint stage to allow the affected last six months of a possible corporate acquisition by a employee(s) to discuss the issue with the supervisor in renowned provincial cleaning and linen service corpora- an attempt to resolve the matter. Also suggest time lim- tion. The Cummings brothers are approaching retire- its associated with this process (Article 4 New), ment age yet maintain they are not entertaining any Discipline and discharge-strike out "verbal" from overtures from this or any other potential buyer. Need- first line in Article 5.02. less to say, union members throughout the company are somewhat anxious with this situation. The current col- Employee record-replace time limit for clearing lective agreement between the company and ASU does record from 10 months to 24 months (Article 6.01). not contain any language regarding contracting out or Compensation-change "will" to "may" in Article mergers and acquisition scenarios that may affect bar- 11.02 regarding company payment of parking tickets. gaining unit members. SO . . Article 14 Seniority 14.01 Seniority as referred to in this Agreement shall mean length of continuous employ- ment in the Bargaining Unit, dating from the date the employee was last hired as a member of the Bargaining Unit. 14.02 An employee will be considered temporary for the first one hundred and eighty (180) calendar days and will have no seniority rights during that period. After one hundred and eighty (180) calendar days, his seniority shall date back to the day on which his employment began. 14.03 The last employee hired shall, in the case of layoff, be the first laid off and the last laid off shall be the first rehired provided the senior employee is qualified and capable of performing the work. 14.04 Employees who have been laid off due to lack of work and subsequently re- employed will have their length of service determined by the actual time they have been on the Company's payroll, provided such employees return to work when notified, and subject to the conditions of Section 14.06. 14.05 Any employee who has been laid off for a continuous period of twelve (12) months or more will lose any previously acquired seniority and will be rehired only as a new employee. 14.06 Any employee who has been laid off, but who still retains his seniority, and who notified to return to work, will lose his seniority unless he notifies the Compa within five (5) days that he is intending to return to work and unless he returns to work as soon as possible after receiving notification, and in any event, within seven (7) days after the mailing or other communication of such notice. Such noti- fication shall be by telephone, confirmed by a letter, sent by a Courier Service. e 14.07 An employee shall lose his seniority and employment will be terminated it he: (a) voluntarily quits: () is discharged and not reinstated through the Grievance and Arbitration Procedures: (c) is absent from work for three (3) consecutive days without a valid reason; (d) overstays an authorized leave of absence without valid reason (e) fails to report for work within seven (7) calendar days after the date when a notice of recall to full-time work has been sent by the Company by courier to his last address on file. 14.08 Seniority lists will be revised each six (6) months; a copy of the lists will be posted in the plant and a copy given to the Union and unless objected to within seven (7) days, shall be deemed to be conclusive. 14.09 In the event that any employee covered by this Agreement should be promoted to a supervisory or confidential position beyond the scope of this Agreement, he shall retain the seniority previously acquired and shall have added thereto the seniority accumulated during the first three (3) months while serving in such supervisory or confidential capacity. Such an employee shall be permitted to return to the Bargaining Unit to the route he held at the time of promotion: (a) if the route he held at the time of promotion is held by an employee with less seniority, and (b) the route he held at the time of promotion is largely intact; and (c) the return is within three (3) months from the date of his promotion. 14.10 it shall be the duty of the employee to notify the Company and the Union promptly of any change of address and telephone number. If the employee fails to do so, the Company and the Union shall not be held responsible for failure to reach such employee Article 14 Seniority The current agreement provides that an employee remain temporary for 180 days. The union should demand that this temporary period be reduced to 60 days. There are no provisions for advanced notice of layoff. The Union should seek to provide for advanced notice of layoffs. Further, the amount of advanced notice be greater for employees with greater seniority