BARGAINING SIMULATION
Clean Right Partners was unionized on two occasions: first, in 2007, for production and
maintenance personnel (a total of 110 full-time and part-time staff represented by SEIU); then in
2010, by Allied Services Union Canada (ASU) for drivers and loading dock employees (a total of
19 full-time and part-time).
There have been two prior collective agreements between ASU and the company. While the first
collective agreement was achieved with the help of mediation after a rather acrimonious start, the
second round of bargaining proceeded to a successful conclusion without the threats of either a
strike or a lockout.
While Clean Right Partners is a major player in the health care and industrial uniform and linen
markets in their region, there has been a strong rumor over the last six months of a possible
corporate acquisition by a renowned provincial cleaning and linen service company. The
Cummings brothers are approaching retirement age yet maintain they are not entertaining any
overtures from this or any other potential buyer. Needless to say, union members throughout the
company are somewhat anxious with this situation. The current collective agreement between the
company and ASU does not contain any language regarding contracting out or mergers and
acquisition scenarios that may affect bargaining unit members.
Grievance procedure—introduce language before the reference to Step 1 that articulates
the necessity of first having a “complaint stage” to allow the affected employee(s) to discuss
the issue with the supervisor in an attempt to resolve the matter. Also suggest time limits
associated with this process (Article 4—New).
Discipline and discharge—strike out “verbal” from first line in Article 5.02.
Employee record—replace time limit for clearing record from 10 months to 24 months
(Article 6.01).
Compensation—change “will” to “may” in Article 11.02 regarding company payment of
parking tickets. The Company will pay for parking tickets received by drivers in the course
of their duties for unavoidable parking infractions. It is agreed that the Company shall be
the judge of whether or not the infraction was unavoidable.
Compensation—change safety shoe allowance period from 12 to 18 months (Article
11.03). The Company agrees to contribute the sum of one hundred and thirty-five dollars
($135.00) for one pair of safety shoes per calendar year.
Sick leave—current accumulation formula but stop any “carry-over” or “pay-out” of
unused credits from one year to the next (Article 20).
Bargaining
1) Compensation- what we are arguing
- We will argue that we want to change the will to may for paying for unavoidable parking
tickets
- Rationale: the employer should not be required to cover the parking tickets because that
could a) reduce the employees incentive to obey parking laws; the lack of financial
consequences from speeding is close to a moral hazard, insuring against the risks of
socially undesirable behavior + can ruin company’s image.
This study source was downloaded by 100000845738910 from CourseHero.com on 05-18-2022 08:32:48 GMT -05:00
https://www.coursehero.com/file/56772677/Bargaining-Simulationdocx/
, - Nothing in law or common sense requires the employer to pay for the costs associated
with parking tickets.
- We want to change the safety shoe allowance ($135) period from 12 months to 18
months MINIMUM we will accept is 15 months
- Rationale: legislation requires employer to provide PPE, that statement does not mean it
must be provided without cost to the employee.
2) Sick Leave
- We want to keep the current accumulation formula (Seniority employees will accumulate
a half-day per month to a maximum of six (6) days (forty-eight (48) hours) in a full
calendar year. Any unused days will be paid out annually.)
- We want to stop any carry overs or pay outs of unused credits from one year to the next
Or have a certain maximum that they can carry over (1 week max?)- last
resort
- Rationale: converting sick leave into cash is economically impracticable; it is an
extraordinary expansive demand. If the employer agrees to it, it would have to be
immediately budget for all accumulated credits to be paid out in the future. That is an
enormous amount of funds the employer would need to set aside to cover future liability.
Putting sick leave cash out on the table opens the door for the employer to attack
severance pay. Workers who have worked 25 years for the employer get 26 weeks of
severance when they retire. That is far better than what most emploees would receive if
they have payout of unused sick leave;
- Moreover, sick leave payour discriminates on the basis of disability. It gives privileges to
those who are healthies and it has an adverse impact on those who have had to draw on
their sick leave because of their physical/ psychological health or disability.
3) Discipline and discharge
strike out “verbal” from first line in Article 5.02.
Current: A Steward shall be present at any disciplinary meeting regarding verbal, written
warnings, suspensions and discharges or any other meeting called to administer discipline.
What we want now: A Steward shall be present at any disciplinary meeting regarding written
warnings, suspensions and discharges or any other meeting called to administer discipline.
4) Employee record
Replace time limit for clearing record from 10 months to 24 months (Article 6.01). MINIMUM
we will settle for is 17 months. Management will argue that this is insufficient time to assess if
behaviours have changed. Amend to 24 months or longer.
Current: Notice of disciplinary action, which may have been placed on the personnel file of an
employee, shall not be relied upon after ten (10) months have elapsed since the disciplinary
action was taken. This clause does not apply to infractions where violence in the workplace has
taken place.
What we want: Notice of disciplinary action, which may have been placed on the personnel file
of an employee, shall not be relied upon after (24) months have elapsed since the disciplinary
action was taken. This clause does not apply to infractions where violence in the workplace has
taken place.
5) Grievance procedure
Introduce language before the reference to Step 1 that articulates the necessity of first having a
“complaint stage” to allow the affected employee(s) to discuss the issue with the supervisor in an
This study source was downloaded by 100000845738910 from CourseHero.com on 05-18-2022 08:32:48 GMT -05:00
https://www.coursehero.com/file/56772677/Bargaining-Simulationdocx/
Clean Right Partners was unionized on two occasions: first, in 2007, for production and
maintenance personnel (a total of 110 full-time and part-time staff represented by SEIU); then in
2010, by Allied Services Union Canada (ASU) for drivers and loading dock employees (a total of
19 full-time and part-time).
There have been two prior collective agreements between ASU and the company. While the first
collective agreement was achieved with the help of mediation after a rather acrimonious start, the
second round of bargaining proceeded to a successful conclusion without the threats of either a
strike or a lockout.
While Clean Right Partners is a major player in the health care and industrial uniform and linen
markets in their region, there has been a strong rumor over the last six months of a possible
corporate acquisition by a renowned provincial cleaning and linen service company. The
Cummings brothers are approaching retirement age yet maintain they are not entertaining any
overtures from this or any other potential buyer. Needless to say, union members throughout the
company are somewhat anxious with this situation. The current collective agreement between the
company and ASU does not contain any language regarding contracting out or mergers and
acquisition scenarios that may affect bargaining unit members.
Grievance procedure—introduce language before the reference to Step 1 that articulates
the necessity of first having a “complaint stage” to allow the affected employee(s) to discuss
the issue with the supervisor in an attempt to resolve the matter. Also suggest time limits
associated with this process (Article 4—New).
Discipline and discharge—strike out “verbal” from first line in Article 5.02.
Employee record—replace time limit for clearing record from 10 months to 24 months
(Article 6.01).
Compensation—change “will” to “may” in Article 11.02 regarding company payment of
parking tickets. The Company will pay for parking tickets received by drivers in the course
of their duties for unavoidable parking infractions. It is agreed that the Company shall be
the judge of whether or not the infraction was unavoidable.
Compensation—change safety shoe allowance period from 12 to 18 months (Article
11.03). The Company agrees to contribute the sum of one hundred and thirty-five dollars
($135.00) for one pair of safety shoes per calendar year.
Sick leave—current accumulation formula but stop any “carry-over” or “pay-out” of
unused credits from one year to the next (Article 20).
Bargaining
1) Compensation- what we are arguing
- We will argue that we want to change the will to may for paying for unavoidable parking
tickets
- Rationale: the employer should not be required to cover the parking tickets because that
could a) reduce the employees incentive to obey parking laws; the lack of financial
consequences from speeding is close to a moral hazard, insuring against the risks of
socially undesirable behavior + can ruin company’s image.
This study source was downloaded by 100000845738910 from CourseHero.com on 05-18-2022 08:32:48 GMT -05:00
https://www.coursehero.com/file/56772677/Bargaining-Simulationdocx/
, - Nothing in law or common sense requires the employer to pay for the costs associated
with parking tickets.
- We want to change the safety shoe allowance ($135) period from 12 months to 18
months MINIMUM we will accept is 15 months
- Rationale: legislation requires employer to provide PPE, that statement does not mean it
must be provided without cost to the employee.
2) Sick Leave
- We want to keep the current accumulation formula (Seniority employees will accumulate
a half-day per month to a maximum of six (6) days (forty-eight (48) hours) in a full
calendar year. Any unused days will be paid out annually.)
- We want to stop any carry overs or pay outs of unused credits from one year to the next
Or have a certain maximum that they can carry over (1 week max?)- last
resort
- Rationale: converting sick leave into cash is economically impracticable; it is an
extraordinary expansive demand. If the employer agrees to it, it would have to be
immediately budget for all accumulated credits to be paid out in the future. That is an
enormous amount of funds the employer would need to set aside to cover future liability.
Putting sick leave cash out on the table opens the door for the employer to attack
severance pay. Workers who have worked 25 years for the employer get 26 weeks of
severance when they retire. That is far better than what most emploees would receive if
they have payout of unused sick leave;
- Moreover, sick leave payour discriminates on the basis of disability. It gives privileges to
those who are healthies and it has an adverse impact on those who have had to draw on
their sick leave because of their physical/ psychological health or disability.
3) Discipline and discharge
strike out “verbal” from first line in Article 5.02.
Current: A Steward shall be present at any disciplinary meeting regarding verbal, written
warnings, suspensions and discharges or any other meeting called to administer discipline.
What we want now: A Steward shall be present at any disciplinary meeting regarding written
warnings, suspensions and discharges or any other meeting called to administer discipline.
4) Employee record
Replace time limit for clearing record from 10 months to 24 months (Article 6.01). MINIMUM
we will settle for is 17 months. Management will argue that this is insufficient time to assess if
behaviours have changed. Amend to 24 months or longer.
Current: Notice of disciplinary action, which may have been placed on the personnel file of an
employee, shall not be relied upon after ten (10) months have elapsed since the disciplinary
action was taken. This clause does not apply to infractions where violence in the workplace has
taken place.
What we want: Notice of disciplinary action, which may have been placed on the personnel file
of an employee, shall not be relied upon after (24) months have elapsed since the disciplinary
action was taken. This clause does not apply to infractions where violence in the workplace has
taken place.
5) Grievance procedure
Introduce language before the reference to Step 1 that articulates the necessity of first having a
“complaint stage” to allow the affected employee(s) to discuss the issue with the supervisor in an
This study source was downloaded by 100000845738910 from CourseHero.com on 05-18-2022 08:32:48 GMT -05:00
https://www.coursehero.com/file/56772677/Bargaining-Simulationdocx/
