Information:

Question:

instructor . . 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 instruc that may affect bargaining unit members ing contracting out or mergers and acquisition scenarios tions regarding the analysis and a possible renewal of the collective agreement provided below between Clean Canada. The outlined collective agreement has an expiry Agreement Right Partners Incorporated and the Allied Service Union Issues Arising Under the Collective date listed in this simulation which may be altered by your The union's business agent, union local president and bar- 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 the two brothers, the business grew quickly and over the hiring more part-time employees to cover vacation 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-TV Clean Right Partners was unionized on two occasions: first, weeks (4%) after one year but less than three (3) years in 2007, for production and maintenance personnel (a total three weeks (6%) after three (3) years' service but less than of 110 full-time and part-time staff represented by SEIU). seven (7) years: Four-weeks (8%) 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- 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- duced by government through employment standa The Cummings brothers are approaching retirement age yet 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. . . . . non . . 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 4New) 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 17 Job Posting 17.01 The Company will provide a notice of a permanent route opening which it intends to fill. The notice shall be posted by the Company on the bulletin board. An inter- ested employee shall request in writing to the human resources department by the stated deadline to fill the posted vacancy. In the event an employee's request is not granted, the human resources manager, at the employee's request, will meet with the employee to explain the reason(s) for the decision. The Company is not required to provide notice of subsequent openings which occur as the result of the above procedure. An employee who has not been on one route for at least two (2) years will not be entitled to apply for a position according to this procedure, and an employee who filled a position as a result of this proce- dure will not be entitled to apply for a subsequent position within two (2) years of filling the position. Article 17 Job Posting Provides for the process of employees applying and obtaining a route. Routes are not assigned by seniority. Employees are restricted when they can reapply. Employees cannot apply if on current route for less than two years, and if successful cannot apply for another opening for two years. The Union should make demands in the following areas: 1. Openings should be posted for a defined period. Typically, opportunities are posted for one week. 2. Employees should be placed on available openings by seniority. 3. Employees should have an opportunity to apply for any secondary openings. 4. Shorten the timeframe when an employee can apply after successfully applying for an open position