The Dispute: A few positions were posted in an organization for a new apprentice Electrician on-the-job training

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Question:

The Dispute: A few positions were posted in an organization for a new apprentice Electrician on-the-job training program. The program has a five-year commitment and consists of on-the-job hours and a study component. The recent posting attracted several recent college graduates and Joe, who has been working for 25 years in the organization. The hiring process was completed on relative ability and consisted of a written test and a panel interview. Joe was not awarded the role and he was told that he was not successful in the interview stage. Four new external individuals (new graduates) were awarded the positions.

Joe's Perspective: Joe is a unionized employee in the organization, working as a groundskeeper. He is well liked by everyone and is number 5 on the seniority list. Joe's hobby is tinkering with small electrical projects. His father was a Master Electrician and Joe still remembers how his father taught him the trade. Joe's true passion is in solar panels as his house is equipped with new paneling. Joe never had an opportunity to go to college and would like to offer his additional skills to this organization. He feels under-utilized in his current role. All the jobs posted previously were based on seniority, and there is a current posting for a maintenance worker that will be based on qualifications and seniority. Also, Joe was awarded his current role based on qualifications and seniority. This is the first time this new program was offered, and he was told seniority was not a factor since it's an entry-level apprenticeship. Joe is really upset that he did not enter the program. He does not understand why he was unsuccessful and believes that it must be his age. Based on the new hires, Joe believes he is "too old" for the program. Joe argues that he is qualified for the program. He further argues that the young generation is always talking on social media and have an advantage over him on the interview. He is frustrated that his seniority was not considered as a factor. Embarrassed, Joe approached his Union representative to file a discrimination grievance and a job denial grievance.

Francesco's Perspective: Francesco is the hiring Manager, and is also the manager of the maintenance staff, including groundskeepers. He developed the new program and the written test for the hiring process. The organization has a problem retaining electricians. He is hoping that the four-year commitment will result in the new hires in the program staying in the organization as electricians. Francesco believes that he has conducted a fair hiring process. Although he developed the written test, he did receive assistance from the Human Resources Manager in developing the interview questions. Each question had a point value, and Joe simply failed to achieve a passing mark with his responses. Also, Francesco has a difficult time hiring groundskeepers and needs Joe to stay in the maintenance department. Francesco understands that Joe is upset, and Francesco does not want to waste any time going through a grievance process. Since the program has set timelines and scheduled exams, Francesco does not want to disrupt his new hires and wants to ensure that his hiring decision is upheld.

Union's Perspective: After speaking with Joe, the Union Representative identified that Joe is not a "talker" and presumes that was the reason he was unsuccessful in the interview stage. The Union Representative argued that since the position is based on skills and since Joe must have passed the written test, he should have been awarded the role. Especially since Joe has the most seniority and is respected among the workers. The collective agreement states that hiring decisions made based on skills, abilities, and qualifications and when those criteria are equal, seniority shall be the determining factor.

For each perspective of Francesco and Joe, identify:

Their positions in the dispute
Their underlying interests
Their BATNA (Best Alternative to a Negotiated Agreement) - in other words, what is the best option available to each party in the event they are not able to negotiate a resolution together?