Question: Safe Environment Services Safe Environmental Services resolves environmental prob. employer to rernit to the union 3 percent of gross wages to fl- lems in buildings

Safe Environment Services Safe Environmental

Safe Environment Services Safe Environmental Services resolves environmental prob. employer to rernit to the union 3 percent of gross wages to fl- lems in buildings including asbestos and mould removal. Nance the plan. In 2010 a few employees had problems with The company is a privately held corporation owned by Rob their benefits because the employer did not remit all of the Canting. The company employs 30 technicians who do the money it should have to the union and also failed to report day-to-day work required. There is one supervisor, Janice the names of employees to the union. There was extensive Smith, whose main responsibilities are scheduling and on discussion in the workplace about the union and employees site inspections, and three lead hands who direct the technie discontent on some issues. Employees were particularly con cians and complete any paperwork required. cerned over the fact that the business agent had resigned and The Safety Technicians Union was certified as the bar was not replaced for four months, that other firms in the in gaining agent for the technicians and lead hands in 1998. dustry were not unionized, and the problems with benefits. Subsequently there has been a series of collective agree in December 2010, Parker moved to try to get rid of the ments between the union and the employer, the most recent union. After some discussion with employees Parker raised of which ran from 2007 through 2010. The collective agree the issue of decertification at two employee meetings. The ment provides a wage schedule for the technicians and lead first meeting was held on December 10th when Parker raised hands. The top hourly rate for technicians is $20 per hour the issue at the end of a meeting that had been set up by and the hourly rate for lead hands is $23 per hour. The agree-Smith to discuss safety issues. Smith remained in the room ment also contains a closed shop provision requiring the em- while the discussion relating to the union took place. On the ployer to hire new technicians who are union members issue of benefits Parker told employees he would investigate through the union's office. If the union is not able to respond an alternative plan with an independent firm. When some to a request for a technician within 48 hours the agreement employees referred to the possibility of a pension or retire- allows the employer to proceed to hire someone who is not a ment savings plan if the union was decertified, Parker said union member, however, the individual hired must join the that he would check with Mr. Canting to see what contribu union. The collective agreement requires technicians to have tions he was willing to make to a pension plan. After the at least 6000 hours of work experience before they are eligi- December 10th meeting Parker obtained the forms necessary ble to move to the lead hand position to apply for decertification. He completed the forms with a The company hired john Parker as a technician in 2005 technician who also opposed the union using a computer in without contacting the union. Parker had no previous training Canting's office. Parker and his colleague arranged an em- or experience with hazardous materials and he was not a ployee meeting on December 20th at a restaurant to discuss union member. Parker had a social connection with Janice the decertification and get employees to sign the application. Smith-his daughter took music lessons from Smith's spouse. They encouraged employees to attend the meeting by indi- After he worked for the company for eight months Parker was cating they would pay for their lunch. The employee's nor promoted to a lead hand position. When Parker was made a mal lunch break is 30 minutes long; however, on December lead hand his hourly rate was increased to $25 per hour. The 20th the meeting at the restaurant went on for two hours. company paid several employees more money than the col Prior to the employees signing the application Parker told the lective agreement required. At the time of Parker's appoint group that no one should feel that they were being forced to ment there was another technician with over 20 years experi sign the application. The majority of the employees present ence who the employer passed over. Parker operated with signed the application for decertification and Parker filed it more freedom and authority than the other lead hands, for ex- with the Labour Relations Board one day later. ample, he was the only lead hand to choose the technicians who worked on his projects. There was no formal announce Questions ment of Parker's appointment as a lead hand and some em- ployees thought that he was a supervisor. The business agent 1. Assume that you are an official in the union and you for the union held bimonthly union meetings, however, have an opportunity to respond to the decertification Parker only attended one meeting to become a union mem- application. What would your response be? ber after he was told union membership was required. 2. Explain how you think the Labour Relations Board will The union had a benefit plan that was financed by em- dispose of the application for decertification. ployer contributions. The collective agreement required the

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