Sahilkumar_IDRL305_assign3.doc - Sahil Patel Assignment 3...

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Sahil Patel Assignment 3 Nov 6 th , 2011 Identify 5 contract clauses that provide rights most likely to arise out of an employer’s agenda at the bargaining table. 1. Union Representative (Sec. 27) – This clause may be brought to the bargaining table by the employer for one key reason. It is because the clause states that “Union Representatives of the employees shall not be subject to discipline or discharge for any act in the performance of their duties as representatives of the union.” The clause doesn’t give details on what kind or type of employee performance they are talking about. This is one big remark that is very easy for an employer to point out. Significantly, because if the reps are not going to be disciplined or discharged for poor performance it will be a reason to disrupt the entire work channel. It may send wrong signals and the company might face problems of poor productivity. Therefore, I think it is probably going to be the first clause that will be on the employer’s agenda at the bargaining table. The employer might ask to create special grounds of discharging or disciplining a rep for given specific reasons for which there will not be any exceptions or avoidance. This means, that after those basic ground rules are added; union reps can be discharged or disciplined for appropriate causes and reasons. 2. Severance Pay (Sec. 15) – This clause might be asked to modify with regards to the type of employee (i.e. Contract, Apprentice, Seasonal or Temporary). The employer might ask for changes to be made where they will ask for any contractual or temporary employee to be voided out of this category for being suspended. Simply because several times the organization might only be planning on getting contract and temporary staff to have the flexibility to have them work for the organization on the terms the company decides. Therefore, the employer will be having this clause on their agenda for a possible amendment to be made likewise. 3. Call Back (Sec 20) – This clause does not state whether or not the employee is voluntary going to be coming in to work upon a call back. In such a case, the employer might be willing to re- negotiate the clause with only the ones forcefully asked for a Call Back to work will be getting the premium pay on top of the prescribed pay. This amendment shall ask to be made by the Employer and could be discussed much in detail at the bargaining table. Also, when stated that “Employees who have worked a previous shift and are called back within an hour of quitting time shall be paid for the interval at the prescribed rate of pay”; it does not mention how long that first shift was and if it was a short shift what are the provision in such a case. Therefore, even that part of the clause will be on the agenda from the employer to be discussed at the bargaining table. 4.
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Sahilkumar_IDRL305_assign3.doc - Sahil Patel Assignment 3...

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