Assignment

Introduction

In this module, you have learned about the players in the labour relations system. The purpose of this assignment is to test your comprehension of these concepts.

Instructions

Part A: Duty of Fair Representation

In the "Duty of Fair Representation" activity in Topic 2, you considered a situation in which you the unionized worker, were concerned that your union did not advance your grievance to arbitration. While this fact pattern; on its own; would not generally be the basis for a duty of face representation complaint, there are other situations-that have been held to be valid complaint against the union.

Find an actual duty of fair representation case, using one of the following methods:

- Review a summary of the main Section 12 (duty of fair representation) cases in British Columbia.

- Most provincial Labour Relations Board Web sites will contain a way to search for decisions of the Board. Search any provincial labour relations board Web site for a duty of fair representation case.

Write a 250-word summary of the case, including your comments on whether the decision making was fair and reasonable.

Part B: Rationales for Joining Unions

In 250 words, examine your feelings about the motivations for employees to join unions today.

You may wish to consider the following:

In Topic 2, you watched the movie Norma Rae. Do you feel that the same reasons exist today for joining unions as in Norma Rae, or do you feel that unions are not needed as much anymore?

Can you think of a personal example in which you feel a union could have assisted you or someone else in the workplace? What was the underlying motivation for joining the union?

Which of the rationales for joining unions that you read about in the "Why Employees Join Unions" Activity in Topic 2 do you feel are the strongest? The weakest?

Part C: Provincial Employment Statutes

In the "Canada's Constitution" activity in Topic 4, you learned about where the provincial and federal governments obtain their power to make employment and labour laws. In 250 words, compare the provisions of two provincial employment statutes in regard to a specific topic. For example, you may choose to:

- Compare Saskatchewan's human rights legislation with British Columbia's human rights legislation in terms of how they protect an employee against discrimination in hiring; or

- Compare Ontario's workers compensation legislation with Manitoba's workers compensation legislation in regard to how an employee is compensated for a workplace injury: or

- Compare Alberta's employment standards legislation with British Columbia's employment standards legislation in terms of how the two provinces define overtime. and how they compensate employees for working overtime.

To find federal labour legislation you can do your own search of the internet using keywords such labour legislation, Canada. etc. You will also find references to federal labour legislation in the shared Websites option in the "Discussion' area of your course.

Part D: Major Module Assignment

Write a 250-word summary for each of the following:

- Assume that you are in charge of a union's bargaining team. You have surveyed your members about the issues that they want the union to pursue in bargaining. One third of the workforce is made up of women, and their main objective is to obtain a full top-up on their wages (over and above Employment Insurance) while on maternity leave. This benefit would cost the employer $1 million. There is another faction of your bargaining unit that are approaching retirement age, and they have been very vocal about telling the union that they expect the employer to provide increased retirement packages for long service employees. This benefit would also cost the employer $1 million. From your research, it is not likely that the employer can afford both benefits. How would you approach this issue at bargaining and with your members? In the "Pressures on Unions" activity in Topic 1, you considered three case studies.

Do you feel more sympathy for the union's position in the above situation or in the third case study? Why?

Jane is a union member in an industrial plant. She makes $20 per hour and has full medical, dental, and pension benefits: Her regular shift is from 6:00 a.m. to 2:00 p.m.: however, due to the section of the plant that she is in and the fact that this department is always short-staffed, Jane is often asked to work overtime. In fact, it is not uncommon for her to work fourteen-hour days. The collective agreement states that employees are paid at their regular rate of pay for all hours worked up to twelve hours; at the twelve-hour mark, double time must be paid for all remaining time. Jane finds out that the Employment Standards Act states that all time worked in excess of eight hours must be paid at one and a half times the regular rate, with double time being paid at the twelve-hour mark. She is upset that she does not get paid one and a half times her rate for hours in excess of eight, but less than twelve. Assume that you represent management. How would you deal with this situation when it is brought to your attention? Think in terms of the labour relations management strategies that you read about in the Labour Relations ManagementStrategies" activity in Topic 3. and determine whether the employer has breached the Employment Standards Act, according to the reading that you completed in the -Union vs. Non-Union Comparison activity in Topic 3.