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Appendix C Contract Negotiation Simulation Clean Right Partners Inc. company and ASU does not contain any language regard- ing contracting out of mergers and acquisition scenarios You will be provided with further information and instruc that may affect bargaining unit members 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 date listed in this simulation which may be altered by your The union's business agent, union local president and bar Agreement instructor gaining committee began a concerted intra-organizational 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 included: 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. industrial uniform and linen cleaning services in the region. Vacation entitlement-increase entitlements-TW weeks (4%) after one year but less than three (3) years: Clean Right Partners was unionized on two occasions first three weeks (6%) after three (3) years' service but less than in 2007, for production and maintenance personnel (a total of 110 full-time and part-time staff represented by SEIU); seven (7) years: Four-weeks (86) after seven (7) years but then in 2010, by Allied Services Union Canada (ASU) for less than eleven (11 years): and five (5) weeks (10%) after eleven (11) years (Article 11). drivers and loading dock employees a total of 19 full-time 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 5175 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-language guaranteeing minimum # of achieved with the help of mediation after a rather acrimo- nious start, the second round of bargaining proceeded to a hours reporting pay if shift is cancelled. (New). successful conclusion without the threats of either a strike Seniority-reduce probationary period (after which or a lockout seniority is accumulated) from one hundred and eighty While Clean Right Partners is a major player in the (180) calendar days to sixty (60) calendar days and health care and industrial uniform and linen markets in will have no seniority rights during that period (Article 14.02) their region, there has been a strong rumour over the last six months of a possible corporate acquisition by a Leaves of absence-add any leave of absence language 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 maintain they are not entertaining any overtures from this or other legislation during the term of the expir or any other potential buyer. Needless to say, union mem- agreement. Negotiate up to ten paid days for any bers throughout the company are somewhat anxious with approved LOA now not paid by employer (New). 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. . . 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. Seniority: Article 14.02. Reduction of probationary period and that no seniority rights apply during that period. a) Explain why this is an issue from the union's perspective and explain any proposed revisions. b) Write a new article that would replace 14.02 that would reflect the union's position. 3 marks available for part (a). Marks based on accuracy in identifying/explaining union perspective on this issue/article. 3 marks available for part (b). Marks based on clarity in the writing and formatting, and the accurate reflection of union perspective and priorities. Job Posting Article 6 marks total antir