After reading the Collusion in Major League Baseball Case from our textbook, respond to…
SOLUTION AT Australian Expert Writers
After reading the Collusion in Major League Baseball Case from our textbook, respond to the following prompts in one to four sentences:Based on the information in the case (and as of the case’s date, 1988-1990)According to the case’s description, during the following periods did collusion exist between MLB owners and, if so, was it tacit or explicit (briefly describe why)?In the offseason preceding the 1985 seasonIn the offseason preceding the 1986 seasonIn the offseason preceding the 1987 seasonIn the offseason preceding the 1988 seasonWhy might Major League Baseball be at risk if there is not explicit collusion, but there is tacit collusion (i.e. not communicated between owners, nor through the commissioner’s office)?Which industry attributes affected the likelihood of successful collusion in Major League Baseball (see Table 7.6) and how so?Additional information: Between 1984 and 1988, there were 26 MLB teams. New teams could not be added without approval of existing teams’ owners, andMajor League Baseball had limited ability to prevent other parties in its supply chain from working with other leagues (in baseball or in other sports)How are the ethical implications of collusion in Major League Baseball similar and/or dissimilar from other examples of collusion (specific as given by the textbook, or in general as described by the textbook)?
Select “yes” for those statements below that are accurate and choose “no” for those statements that are not. a. Under
Select “yes” for those statements below that are accurate and choose “no” for those statements that are not. a. Under Armour seems to have been hit with falling buyer demand much harder than Nike and adidas. (Click to select) Yes No b. Under Armour’s strong sales offensive in North America in 2017 seems to have hit both adidas and Nike. (Click to select) Yes No c. Buyer appeal for adidas products in North America surged in 2017 in comparison to sales at Nike and especially sales at Under Armour. (Click to select) Yes No d. Top executives at adidas launched an unusually strong series of strategic initiatives at the beginning of 2017 to increase its share of the sports apparel, active wear, and athletic footwear market in North America from an estimated 10 percent to around 15-20 percent. (Click to select) Yes No e. Kevin Plank seems to have taken his eyes off the ball at Under Armour during late 2016 and throughout 2017, opting to spend “too much” time on his other investments and interests. (Click to select) Yes No f. Under Armour’s brand power in North America seems to be coming back steadily in 2018. (Click to select) Yes No
Someone is uploading wrong answers. I failed once already and working of my retake but I just noticed that the
Someone is uploading wrong answers. I failed once already and working of my retake but I just noticed that the answers I found are not matching the others. Like this ones…ISA 1010 Exam 3b of 111. When acquiring software using a traditional (non-Agile) mindset, when are software requirements determined? After the system requirements are known and the functions that require software control are identified2. When acquiring software using a traditional (non-Agile) mindset, what does the functional baseline describe for software configuration management? The functional, interoperability, and interface characteristics of a system3. When acquiring software using a traditional (non-Agile) mindset, which alternative correctly finishes the following statement? The Critical Design Review (CDR) is the point to Millstone C where it is described that: Product design is stable. Initial product baseline established4. When acquiring software using a traditional (non-Agile) mindset, of the system engineering technical processes used for designing systems, what is the purpose of requirements development? Takes all inputs from users and stakeholders and translate these inputs into Technical Requirements5. When acquiring software using a traditional (non-Agile) mindset, what is generally true about documentation for a software development effort? DoD Project Offices have wide latitude in tailoring these activities and items to the needs of a specific project
Curveball: Strategies to Fool the Competition. (A strategic curveball, one that will lead them either to https://hbr.org/2006/09/curveball-strategies-to-fool-the-competition)do something dumb that
Curveball: Strategies to Fool the Competition. (A strategic curveball, one that will lead them either to https://hbr.org/2006/09/curveball-strategies-to-fool-the-competition)do something dumb that they otherwise wouldn’t have done. You have four types of curveball:Draw your rival out of the profit zone. Lure competitors into disadvantageous areas—for example, by competing for, but intentionally failing to win, the business of less profitable customers.Employ unfamiliar techniques. Knock rivals off balance by importing a technique used in another industry—for example, employing the retailer’s hard sell in the stodgy world of retail financial services.Disguise your success. Veil your success by achieving an advantage through unlikely means—for example, generating product sales through your service operations.Let rivals misinterpret your success. Allow rivals to act on a conventional but incomplete explanation for your success—for example, squeezing costs rather than aggressively utilizing assets.Provide examples of these strategies used by companies you know. DONT WRITE THE EXAMPLES GIVEN IN THE TEXT (Ecolab, Halifax Building Society and Southwest airlines) = only examples from your own point of view
-Which different definitions of “Contextual Intelligence” exist that you can apply in the area of international management (e.g.
-Which different definitions of “Contextual Intelligence” exist that you can apply in the area of international management (e.g. market entry/market expansion projects)? -How is “Contextual Intelligence” related to Organizational Information Processing Theory (IPT) (e.g. Galbraith, 1973)? Specifically, address the following questions: -Which role does the “fit concept” of IPT play in “Contextual Intelligence”? -What kind of information gathering
Solve these question: Give perfect answer..Question:1: What is the bullwhip effect and how does it relate to lack of coordination
Management Assignment Writing ServiceSolve these question: Give perfect answer..Question:1: What is the bullwhip effect and how does it relate to lack of coordination in the supply chain? Please illustrate your answer with two realistic examples. Question-2What factors should be considered when making sourcing decisions? And why are they important for firms? Please list out at least three factors and illustrate your answer with one realistic example for each factor. Question:3 What trade-offs do managers need to consider when making transportation decisions? Please illustrate your answer with two realistic examples. Give Answer ASAP
1. Within a few short months between the summer of 2019 and early 2020, Tesla added more than $100 billion
1. Within a few short months between the summer of 2019 and early 2020, Tesla added more than $100 billion to its market cap. Do you believe that Tesla’s stock market valuation making it the second most valuable car company globally is rational or do you think it is a hyped-up overvaluation?2. What business model is Tesla pursuing? How is Tesla’s business model different from traditional car manufacturers?3. Historically, the automotive industry in the United States has been identified by high barriers to entry. How was Tesla able to enter the automotive mass-market industry?4. What type of innovation strategy is Tesla pursuing? Tie your explanation to Elon Musk’s “Master Plan, Part 1.”5. Evaluate Elon Musk’s “Master Plan, Part 2” and assess if Tesla can gain and sustain a competitive advantage.
Casey Belzer runs a small machine shop that fabricates parts for sprayers used in foam insulation equipment. With the renewed
Casey Belzer runs a small machine shop that fabricates parts for sprayers used in foam insulation equipment. With the renewed interest in green building practices and high energy costs demand for his products has increased dramatically. The shop has three CNC machines that can serve a variety of purposes. As customer orders come in, a routing sheet is developed and the order is diagrammed as shown below. When demand was low, it didn’t really matter how the jobs were scheduled. Now, Casey wants to finish each job as quickly as possible so he can move on to the next one. Help Casey develop a schedule that would finish customer order for 200 units of part A as soon as possible. Assume one B, C, and D are needed for each A.• a) Which resource is bottleneck? • b-revised: Discuss which job(s) is eligible to be first scheduled for the bottleneck machine(resource), and which job(s) is not eligible to be first scheduled?Job(s) eligible to be first scheduled: Job(s) NOT eligible to be first scheduled: • d) Map out the optimum schedule on a Gantt chart. What is the completion time? Assume that the process batch size is 200 and the transfer batch size is 1. Mark all times on your Gantt chart clearly. And upload your assignment as ONE file.)
What is the area of consideration in the sentences below?Background A global energy company incorporated in the United States has
What is the area of consideration in the sentences below?Background A global energy company incorporated in the United States has approximately 54,000employees in more than 180 countries. The U.S.-based human resource informationsystem (HRIS) currently houses approximately 20,000 employee records and tracksboth bi-monthly and bi-weekly payrolls. The system also tracks employees who arerepresented by a variety of unions. The U.S.-based HRIS is owned and operated by theHR functional group but supported by a different HR group within the informationtechnology (IT) department. The IT support group has approximately 140 employeesand contractors. The HR IT support manager reports to the IT support manager with adotted line to the global HR manager. There are plans to integrate the Europeandivision’s HRIS into the U.S.-based HRIS. The European division’s HRIS housesapproximately 1,000 employee records and one union representing a small percentageof the 1,000 employees. The European HRIS is owned and supported by the HR groupwhose manager reports to the global HR manager. At the same time of the HRISintegration, a merger has caused changes to the existing U.S.-based HRIS. In addition,another part of the company is about to bring in 88 countries into the U.S.-basedenterprise resource planning (ERP) system, including the HR portion. The integrationshave different timelines for completion, and coordination is critical so that changes thataffect each of the integrations do not create problems that affect the current productionsystem.Description of Project TeamThe HR department in London owns and supports the European HRIS for the portion ofthe company that will be integrated into the U.S. HRIS. Their current system lacksproper controls and received an unsatisfactory internal audit. It was determined that thesystem would require extensive changes and that it would be more cost effective toreplace the system than to make the changes. The London-based HR office selected anHRIS implementation partner, Limited Experience, Inc., to facilitate the integration. Thefirm has no knowledge of the U.S.-based system and has relatively little experience withintegrating part of an HRIS into an already existing system. The London-based HRoffice has provided the project manager for the integration, Frankie. Frankie hasknowledge of the European HRIS but no experience with IT projects and the currentU.S.-based HRIS. Limited Experience, Inc. has provided a co-project manager, Pat. Pathas never led a project of this size nor does Pat have knowledge of the U.S. system orhow current HR projects would affect their project. In the end, Frankie and Pat ended upbeing co-project managers, though Frankie was more of the lead. Lyn was also hired bythe London office to be the technical team lead. Lyn has no experience as a technicalteam lead on an IT project that uses this HRIS software and does not know the cultureof the London-based group or the U.S.-based group. Lyn comes from an organizationwhere it is acceptable to yell at employees who do not meet expectations. This is notthe culture for the HR organization in either London or the United States. Lyn also hasno experience with the U.S. software or the U.S. technical team’s processes. A U.S.-based senior design analyst, Jamie, was added to the team on a consultation basis.Jamie travels between London and the United States, spending approximately 50percent of the time in each location. Jamie has led similar projects, is familiar with otherconcurrent HR projects and is knowledgeable about the production support processes.Jamie has no knowledge of the London-based HRIS. Jamie’s responsibility is to informthe project and HR leadership of any design issues that may cause concerns with thecurrent production system or the concurrent projects. The project team consists ofpeople from various HR groups within Europe. None of these team members haveprevious HR IT project experience. There are also people from the projectimplementation partner company on the team.Challenges of IntegrationFor one of the first steps of the project, the team documented the current HR processesand systems. As the team went through each process, the team member assigned tothat particular area would describe and chart the current processes and the differencesbetween the European and U.S. processes. After this documentation was completed,the project team invited subject matter experts (SMEs) to meetings lasting from half aday to three days to discuss the current processes and the effects of changing from theEuropean processes to the U.S. processes. The U.S. senior design analyst attended asmany of these meetings as possible to ensure that the project team understood thecurrent processes. However, the design analyst would often need to ask someone fromthe U.S. support team to clarify specific details. Because of the time difference betweenthe London and U.S. teams, this often involved at least a one-day delay. When certainprocesses—such as reporting, payroll and interfaces—were analyzed or discussed, thesenior design analyst encouraged that these areas be reviewed. These areas were notreviewed in an appropriate manner because the project team manager (Frankie) andco-manager (Pat) were adamant that these areas didn’t need to be reviewed at thetime. They said that reporting would be reviewed at each of the various SMEs meetingsand that payroll was being outsourced and did not need to be reviewed at the project-team level. It was discovered much later in the project that reporting should have beenanalyzed earlier; much of the reporting is based on management needs and does notnecessarily need to be created for a particular area. Also, many of the codes that wereused for reporting were not appropriate or consistent. For example, the U.S. EqualEmployment Opportunity report with the designation of African American was notrelevant for European employees. Also, employees on family leave are designated as”on leave” for U.S. reporting, while European reporting requires they be designated as”active,” per HR Revenue and Customs (previously called the Inland Revenue Office). Itwas also later discovered that the payroll process should have been analyzed. Masterdata was collected in the HRIS, and certain fields had to be sent to an outsourcedcompany. The data needed to be interfaced back to the financial system for reportingrequirements. In addition, audit and control requirements necessitated that additionalpayroll data be interfaced back to the new integrated HRIS. Also, the confidentiality ofthe payroll data required that specific encryption software be used. The outsourcedcompany had never used the encryption software used in the U.S. system. At the end ofthe project, the outsourced company realized it had to obtain the encryption software,train their technical team to use it and design a process that would meet the U.S.technical team’s standards. This required some project team members to travel to theUnited States to work with the U.S. network support team. As the project teamprogressed from documenting current processes and the effect of using U.S. processes,a methodology was created to determine what new coding would be acceptable for theglobal integration. If the project team leaders, the senior design analyst (with agreementfrom concurrent project team leaders) and the HR production support manager agreedon the new process, the coding or technical decision was implemented. If there was noconsensus, project team leaders and the senior design analyst would present options tothe global HR manager and the HR IT support manager. The issues were oftentechnical and complex. The project team would schedule meetings at times when thesenior design analyst was unable to attend and then present the issue in a way thattheir preferred outcome would be approved. In many cases, the decisions turned out tobe unworkable and were reversed, causing additional delays. One of the most difficultdecisions during the integration was determining if a change was a legal requirement.SMEs would often say that the current process was required by law, but when theywere asked to provide the actual law, it turned out that it was not a legal requirement buta preferred solution by current managers or employees. Some U.S. processes alsothought to be legal requirements turned out not to be the case. When the onlineinterface for the HRIS was being designed, various issues arose. One issue waslanguage. At the start of the project, it was thought that language would not be an issuebecause both groups spoke and wrote English. However, the spelling of many wordswas different, such as “center” or “centre” and sometimes different terms were used forthe same meaning. It was decided to use U.S. English, a decision that was not popularwith the project team. Another challenge of the online interface for the HRIS was todecide which data could be changed online by employees. When a U.S. employeewanted to change an address, he or she could not change that information onlinebecause it may involve benefits changes. For example, if an employee moved fromCalifornia to Texas, her current health care provider may not be available in Texas,requiring the employee to coordinate the address change with a medical plan choice. Inaddition, some address changes needed to allow for a new home address for taxpurposes (versus a work address for a tax location) in the system. For example, if anAtlanta, Georgia, employee moved to Aiken, South Carolina, so that his home addresswas in South Carolina and his work address was in Georgia, this tax combination maynot be in the system, requiring a system change that would need to be created, testedand moved to production before the address change could be made. In Europe,however, address changes did not affect benefits or tax data. As the project teammoved to the coding and testing phases of the project, it became apparent that havingonly one U.S. representative on the team was not sufficient. Many decisions requiredinvolving multiple members of the current production support team. After variousmembers met together, one person or a few people created the changes in the testsystem and tested the procedure. It would often take many tries before a successfultest. By the end of the project, most of the London team spent two to four weeks in theUnited States to resolve issues that couldn’t be resolved with team members “acrossthe pond.” When the system went live, the current U.S. production support team sent ateam to London to help resolve issues that arose during the first two weeks ofimplementation. They had not met the entire project team or most of the SMEs locatedin London. During the time they spent in London, members of the U.S. productionsupport team tried to quickly resolve production issues from the implementation, workedwith new people and adjusted to the time difference. They also had to coordinate timesto meet with their U.S.-based counterparts. Because of the time difference, thesemeetings often occurred during the U.S.-based team’s off hours.What hours support would be available and who would provide what level of supportwas a lively discussion. In the first couple of weeks after going live, the U.S. supportteams had representatives in Europe and were able to provide support during their workday. Once that time had passed, adequate support had to be provided for a muchlonger time than had previously been required.
Can you Summarize this in short? The collective agreement is critically important to the employer, the union, employees, and the
Can you Summarize this in short? The collective agreement is critically important to the employer, the union, employees, and the public. The employer’s control over the workplace and profitability will be affected by its contents. Wage and benefit provisions affect the employer’s compensation costs. Seniority provisions may impose constraints on layoffs and promotions. The grievance and arbitration process could lead to the review and reversal of management decisions such as the termination of an employee. The union’s rights to continue to represent employees and its influence are affected by the contents of the agreement. The union is protected from a raid by another union or a decertification application by employees for most of the term of a collective agreement. Union security provisions in the contract, which may require membership and the payment of dues by employees, are vital. In addition, provisions that might limit contracting out or technological change can affect the employees’ job security. A collective agreement might also impact the public by affecting the cost and availability of services. For example, collective agreements in education might contain restrictions on student-teacher ratios, affecting the quality of education. Legal Requirements for Collective Agreements Collective agreements must comply with employment standards, human rights, and labour relations legislation in the employer’s jurisdiction(s). Labour relations legislation provides that a few terms must be included in collective agreements. Mandatory and Voluntary Terms A distinction can be drawn between mandatory and voluntary terms in a collective agreement. Mandatory terms are provisions that must be included because they are required by law. Voluntary terms are provisions that the parties agree to include but are not required by legislation. Labour relations legislation requires the contract to include the following mandatory terms, which are discussed below: A prohibition against strikes and lockouts during the term of the agreement n A provision for the arbitration of disputes relating to the administration of the agreement in A minimum term of one year In some jurisdictions, the parties must include a term that provides that the employer recognizes the union as the bargaining agent for employees specified in the bargaining unit. In the private sector, the parties can include any additional voluntary terms in a collective agreement that do not violate the law. In the public sector, the governing legislation may provide that there are some issues or terms of employment that cannot be included in collective agreementsMandatory terms are provisions that must be included in collective agreements because they are required by legislation. Voluntary terms are provisions that the parties agree to include in the collective agreement; however, they are not required by legislation. Articles are the terms or clauses in a collective agreement. 1. Recognition 2. Grievance and arbitration process 3. Bargaining unit work 4. Strikes and lockouts 5. Duration or term of agreement 6. Union security 7. Management rights 8. Contracting out 9. Discipline and discharge procedure 10. Discrimination 11. Seniority 12. Health and safety 13. Wages 14. Holidays 15. Vacations 16. Benefits 17. Hours of work and scheduling 18. Overtime 19. Technological change 20. Leave 21. Union business.2. Collective Agreement Terms A collective agreement will have major implications for human resources management in an organization. As each of the terms most commonly found in collective agreements is considered here, we should be thinking about the possible consequences for recruiting, selection, training, compensation, and other human resource management activities. Recognition The recognition article, which may be referred to as the scope clause, is usually found at the beginning of the collective agreement. It provides that the employer recognizes the union as the bargaining agent for a specified group of employees that make up the bargaining unit. The recognition article will usually describe or limit the bargaining unit in terms of location and jobs. This is important because it will identify the jobs which are in the bargaining unit and covered by the collective agreement, and by implication will indicate which employees are not in the bargaining unit. When the union is certified, the Labour Relations Board issues a certificate that confirms the jobs included in the bargaining unit. Accordingly, if the employer moved or established another plant within the municipality, it would be covered by the collective agreement. In Sample Article 3, the bargaining unit includes employees located anywhere in the province; however, there are a number of exceptions, including nurses. The employees in the jobs excepted might be included in a separate bargaining unit, represented by the same or a different union, or might not be unionized. Sample Article 2 illustrates a bargaining unit that includes part-time employees. In Sample Article 3, part-time employees are not included. Generally employers would prefer to have part-time employees and students excluded, so that individual contracts of employment can be established with them. Unions would prefer to have part-time employees included in the bargaining unit or organized in a separate bargaining unit, because they are concerned that work might be shifted to these non-union employees. If part-time employees are not unionized, the union would like to see the agreement contain restrictions on work A recognition article is a term in a collective agreement providing that the employer recognizes the union as the bargaining agent for a specified group of employees. The employer might also prefer to have each location in a separate bargaining unit so that negotiation for each location could be conducted separately. The advantages and disadvantages of this are referred to in the chapter on negotiation. The point to be emphasized is that it is the recognition article that sets out the parameters of the bargaining unit. When the parties attempt to negotiate their first agreement after the union is certified, they might ask whether the recognition clause can be varied from the bargaining unit set out in the certificate issued by the Labour Relations Board, and whether the parties can agree to change the bargaining unit or amend the recognition clause when they negotiate a renewal of the collective agreement. The short answer to both of these questions is yes. The employer might wish to amend the recognition article so that it excludes a new job classification, or the union might wish to expand the bargaining unit to include employees presently excluded, such as part-time workers. However, there is a restriction on the negotiation of changes to the recognition clause. Neither side can press this issue to an impasse that would cause a strike or lockout. The parties can discuss the recognition clause and agree to a change; however, insisting on a change and taking the issue to a strike or lockout would be a breach of the duty to bargain in good faith. Grievance and Arbitration Procedure which deals with the administration of the collective agreement, will review the application of the grievance and arbitration process in particular areas, such as terminations and disputes regarding the application of seniority to job vacancies and layoffs. We cover this topic here only because the discussion of other contract terms requires an understanding of the grievance and arbitration procedure—in most collective agreements, it would not follow the recognition clause. For additional information on the legal aspects of grievance and arbitration, readers may wish to refer to specialized sources.1 Grievance Defined At one time, a “grievance” simply referred to a claim that the collective agreement had been violated. Some arbitrators held that because their jurisdiction flowed from the agreement, they did not have jurisdiction in a dispute that involved legislation unless the agreement provided a connection to the legislation. However, the Supreme Court of Canada has recently held that all employment and human rights statutes are incorporated into collective agreements.2 Accordingly, a grievance can be filed whenever it is claimed that such legislation has been violated. In view of this development, a grievance should now be defined as an allegation that the collective agreement or an employment statute, including human rights legislation, has been violated, together with the remedy that is claimed to rectify the situation. The grievance procedure includes a series of steps, usually three or four, in which union and employer representatives at progressively higher levels meet to A grievance is an allegation that the collective agreement or an employment statute has been violated, together with the remedy that is claimed to rectify the situation. Grievance: I grieve that I have been laid off contrary to the terms of the collective agreement. Settlement desired: Compliance with the collective agreement, including compensation, interest, reinstatement in [position], and any other appropriate remedies. The grievance procedure is a series of steps in which union and employer representatives at progressively higher levels meet to try to resolve the dispute. The collective agreement will set out the number of steps in the process and time limits for each. A steward is an elected local union official who assists employees with issues, including grievances, that arise in the course of administration of the collective agreement. His or her duties include explaining collective agreement terms to employees, preparing grievances, attending grievance meetings, and attempting to settle grievances. Labour relations legislation requires collective agreements to contain a term providing that any disputes regarding the administration of the agreement that the parties cannot resolve be referred to arbitration. Arbitration is a dispute resolution method in which the parties present evidence and arguments to a third party who makes a final, binding decision. Types of Grievances A grievance might be filed by an individual employee, a group of employees, the union, or the employer. There is no requirement that the grievance specify the articles of the collective agreement that have been violated unless the collective agreement says they must be provided. An employer might prefer that the grievance identify the articles, but unions generally prefer to avoid this. As is noted below, there might be rules in the collective agreement that affect who can file a grievance in a given situation. There are several types of grievances. An individual grievance is an allegation by an employee that the employer has violated the collective agreement or statute and it includes A steward is an elected local union official who assists employees with issues, including grievances, that arise in the course of administration of the collective agreement. Arbitration is a dispute resolution method in which the parties present evidence and arguments to a third party who makes a final, binding decision. An individual grievance is an allegation by an employee that the employer has violated the collective agreement or a statute and includes a statement of the remedy sought. It is understood that an employee has no grievance until they first give their immediate supervisor an opportunity to deal with their complaint. If an employee has a complaint they shall discuss it with their supervisor. In order to be considered a grievance, such discussion must take place within five working days after the circumstances giving rise to the complaint first occurred. If the complaint of an employee is not settled to the satisfaction of the employee then the following steps of the grievance procedure may be invoked. Step 1 The grievance shall be reduced to writing and shall be presented to the supervisor, with the assistance of a union steward, within five working days from the reply of the supervisor. After such discussion as is necessary, the supervisor shall deliver a decision in writing within five working days following the day on which the grievance was presented. Step 2 If the decision of the supervisor is not satisfactory, the chief steward shall within eight working days present the grievance to the department manager. The department manager will meet with the chief steward and the department steward within eight working days to discuss the grievance and will give a decision in writing to the chief steward within four working days after the meeting has been held. Step 3 Failing satisfactory settlement of the grievance at Step 2 the union president shall within five working days of receipt of the department manager’s decision present the grievance to the manager of labour relations or their designate. A meeting between the union president and the manager of labour relations will be held within a further four working days. The written decision of the labour relations manager shall be rendered within five working days following the date of such meeting. Failing a satisfactory settlement being reached in Step 3, then the grievance may be referred by either party to arbitration as provided in Article ____, at any time within 14 working days after the decision is given in Step 3. T h e C o l l e c t i v e A g r e e m e n t 151 a statement of the remedy sought by the employee. For example, if an employee was unsuccessful in a bid for a job vacancy, he or she might think the employer did not properly take seniority into account. An individual grievance might be filed that alleged the employer had violated the seniority provisions of the agreement and state that the remedy sought is the placement of the grievor in the job. A group grievance is a claim by a number of employees that the employer has violated the collective agreement in the same manner for all the employees affected. For example, a group may claim that the employer incorrectly calculated their holiday pay and claim compensation. A policy grievance is an allegation by either the union or the employer that the other has violated the collective agreement. An example of a policy grievance is a claim that the employer has violated the collective agreement by banning the use of personal cell phones on company property, in violation of the management rights article, with a request for an order that the rule be rescinded. The grievance procedure article will set out the process to be followed for any grievances. Employers would prefer that the procedure provide for an employee to first make a complaint before filing a grievance. At each step in the process the grievance could be settled, withdrawn, or denied by the employer. If the employer denies the grievance the union will have to decide whether to withdraw it or proceed to the next step. If the grievance is not resolved it might be referred to arbitration. The collective agreement usually provides that some types of grievances are started at a higher step in the process or have different time limits. For example, the agreement may provide that a policy grievance starts at Step 2 and a discharge grievance starts at Step 3. Unless the collective agreement prevents it, the union may file a grievance even if an individual employee does not. Time Limits The time limits in the grievance process may be either mandatory or directory. A mandatory time limit is one that must be met, and the grievance might be dismissed if a step is not taken within the time allowed. Directory time limits are viewed as a guide, and the grievance may be allowed to proceed even if they are not met. If the agreement provides that a step “may” be taken within a specified number of days, it is directory only and failure to meet it does not prevent the grievance from going to arbitration. The grievance is still arbitrable. If the time limits are mandatory and a step is not taken within the time specified, the grievance cannot proceed to arbitration unless there is an extension granted by the arbitrator, as explained below. Many arbitrators are of the opinion that the word “shall” in a time limit is not enough to make the time limit mandatory. They have held that unless the agreement also provides specific consequences for failing to meet the time limit, such as “the grievance shall be deemed to have been abandoned,” the time limit is not mandatory. Employers usually prefer to have mandatory time limits and may seek language in the agreement that will meet this objective. Unions usually prefer that time limits be directory. The issue of time limits is further complicated by labour relations legislation in six jurisdictions—Canada, British Columbia, Manitoba, New Brunswick, Ontario, and Saskatchewan—that gives an arbitrator authority to extend a time limit in the grievance process.3 This means that even if the time limits are mandatory, an arbitrator could allow a grievance to go to arbitration. Employers may wish to attempt to have the agreement provide that the arbitrator does not have the authority to extend time limits, but the union would likely resist this. When a party, usually the employer, fails to reply within the time specified it does not mean that the grievance is decided in the other party’s favour. But it permits the other party to proceed to the next step in the process. Probationary Employees Employers may wish to know if the agreement can prevent probationary employees from grieving a dismissal. Labour Relations Issue 7-1 illustrates that the agreement should not directly prohibit the probationary employee from filing a grievance. However, with the proper wording, the agreement could provide that the employer has the sole discretion to hire and will be able to avoid grievances relating to the dismissal of probationary employees. A group grievance is an allegation by a number of employees that the employer has violated the collective agreement or a statute in the same manner for all the employees affected and a statement of the remedy sought. A policy grievance is an allegation by either the union or the employer that the other has violated the collective agreement. A mandatory time limit must be met and the grievance might be dismissed if a step is not taken within the time allowed. Directory time limits are viewed as a guide and it is possible that the grievance will be allowed to proceed even if the time limit is not met. 152 C h a p t e r 7 Labour Relations Issue 7-1 Can the Collective Agreement Prevent Probationary Employees from Challenging Dismissal? The question of whether a collective agreement can prevent probationary employees from filing a grievance if they are dismissed has been the subject of several arbitration and court cases. Consider the following: 1. A collective agreement provided that “No employees shall be discharged without just cause” and further provided that “The grievance procedure in respect of dismissal is not applicable to new employees during the first three months.” This provision, which barred probationary employees from accessing the arbitration process, was held to be void because it contravened labour relations legislation that provides that any differences between the parties must be resolved by way of arbitration. A collective agreement provision that directly states probationary employees cannot grieve dismissal is invalid. 2. In another case, the collective agreement provided that “Employees will be regarded as probationary employees for the first sixty working days. . . . During this period the employer will be the sole judge of their ability and suitability for employment, and termination will be at the employer’s discretion.” When probationary employees were terminated, grievances were filed, but were dismissed as not arbitrable. The arbitrator found that because the collective agreement stated that the employer would be the sole judge of an employee’s suitability, the decision could not be reviewed. The difference between these two cases is that in number 2 the agreement did not expressly deny probationary employees the right to grieve. The agreement in number 2 did provide that the employer had the sole discretion to decide whether to employ. It might very well be asked if this is not just a technical word game, especially when another arbitrator summed up the situation as follows: “What the above cases . . . appear in their totality to be saying then is the following: parties can write a collective agreement specifying the employer’s right to discharge that, by converse inference, clearly takes away the right of a probationary employee to grieve a discharge for cause, and that is lawful; however, the parties cannot write a collective agreement whose only bar to the right of a probationary employee to grieve (and arbitrate) a discharge for cause is expressed as just that.” Figure 7-4 Alternative Forms of Arbitration Type of Arbitration Potential Advantages Potential Disadvantages Single arbitrator Faster and less expensive than Arbitrator may be less familiar with the an arbitration board. collective agreement and the technical issues in the industry. Arbitrator board: employer Union and employer nominees Delay and higher cost nominee, union nominee, are able to advise chair and may and neutral chairperson ensure that each side’s view is fully heard. Single arbitrator—list of Faster and less expensive than Parties are limited to using arbitrators arbitrators set out in an arbitration board. Arbitrators named. collective agreement may become familiar with collective agreement and parties. Single arbitrator (permanent Faster and less expensive than Possibility of too much work umpire) appointed to hear an arbitration board. Arbitrator causing a delay. May not be all grievances for a is familiar with collective able to avoid an arbitrator specified period of time agreement and parties. whose decisions are viewed as adverse. Forms of Arbitration Alternative forms of grievance arbitration are summarized in Figure 7-4. The agreement will specify the form of arbitration, and the parties should consider this issue, especially before the negotiation of the first collective agreement. A single or ad hoc arbitrator is an individual appointed to hear and decide a grievance. An arbitration board is T h e C o l l e c t i v e A g r e e m e n t 153 a three-person panel and at one time was the most common form of arbitration. Each of the parties nominates its representative to the board, who in turn select a neutral chairperson. A board is more costly because each side has to pay for its own representative on the board in addition to half the fees of the chairperson. Because more people are involved, an arbitration board also requires more time to establish and function. The costs and delay associated with arbitration boards have led to the increased use of single (sole) arbitrators. Some agreements specify a list of arbitrators, and the dispute is referred to the next available one on the list. It is also possible for the parties to appoint one person to hear all disputes for a period of time. This person is sometimes referred to as a permanent umpire. Problems with Arbitration One of the criticisms of the arbitration process is that it is too slow; delays of a year or more from the filing of a grievance to the completion of the arbitration are possible. To deal with this problem, the agreement can provide for an expedited arbitration process, which might include a single arbitrator, and shorter time limits for his or her appointment, the hearing, and a decision. The agreement may provide that the expedited procedure is available only for certain issues or requires the consent of both parties. Each of the parties will be responsible for their own legal and other expenses associated with arbitration. Most collective agreements provide that the parties will split the common expenses such as the arbitrator’s fees and the cost of a meeting location. A few agreements have provided that the losing side will pay these expenses, but a union would likely oppose such a term. A few unions have been able to negotiate a “justice and dignity” provision in the process that provides that, subject to some restrictions, an employee who has been suspended or discharged will be allowed to retain his or her job while the process is going on. An employer would likely oppose such a term. Some of the key questions that must be addressed when the grievance and arbitration procedure is considered. Bargaining Unit Work The phrase bargaining unit work refers to the work normally done by employees in the bargaining unit. If there is no provision in the collective agreement preventing the employer from assigning work to employees who are not in the bargaining unit, the employer is free Expedited arbitration is an alternative arbitration process that provides for a faster result. Bargaining unit work is the work normally done by employees in the bargaining unit. Arbitrators have held that if an individual not in the bargaining unit does a certain level of bargaining unit work, he or she will be included in the unit. Unfortunately, arbitration decisions vary on how much work must be done to make someone part of the bargaining unit. Unions would prefer an article that prevents non-bargaining unit employees from doing the work of employees in the bargaining unit, and employers would prefer to avoid this type of restriction. Sample Article 1 provides a complete ban on work being done by employees outside of the bargaining unit. The union would prefer this type of protection. Sample Article 2 is a prohibition with exceptions for training and emergencies. Sample Article 3 prohibits supervisors and others outside the bargaining unit from doing bargaining unit work if that would cause a layoff or reduction of hours for bargaining unit employees. Strikes and Lockouts A strike is the refusal to work or the restriction of output by bargaining unit members.
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