Need help with my week three assignment. Its for Labor Relations book is called

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Need help with my week three assignment. Its for Labor Relations book is called Labor Relations Striking a Balance.

In a Word document answer the questions after the following Mini Cases - Chapter 9, page 340, Case 6: "Work Requirements for Holiday Pay".

1) Assume the role of director of Human Resources for Saga Food Services. How would you present your case that John Arnett is not entitled to his holiday pay for Labor Day?

2) As a business agent for Local 444, how would you argue that John Arnett is due his holiday pay?

3) As an arbitrator, how would you rule? Why?

e 6: Work Requirements Grievance Discussion Cas Holiday Pay POTENTIALLY RELEVANT CONTR SIONS Article 7: Holidays BACKGROUND John Arnett was a truck driver for Saga Food Services. He was part of a bargaining unit represented by Teamsters Local 444. Arnett's normal workweek consisted of four allowances wili be Section 703. Holiday pay al ject to the following terms and cond o-hour workdays, Tuesday through Fridoy. The Labor Day holiday fell on a Monday, and as was past practice (B) The employee shall have worked his fue work day immediately before and i holiday except for proven sickness or injuryT ager may offer t ees who were normally not scheduled to work Monday mmeu atety ater The shft mn observed the holiday on Tuesday Thus Arnett's Labor Day holiday was actually scheduled for Tuesday. At 11.00 PM. on Tuesday night Arnett called o waive this rule in advance of the the company and informed the clerk on duty that he was and acceptance thereof by an employe not coming to work on the following day because he was taking a personal leave day. Amett did not receive per- mission from his shift manager or any supervisor to take Wednesday as a personal leave day. However, as estab- lished by past practice, the company did not refuse a per- sonal leave day if the leave was requested an hour and a shall be on a seniority basis Article 23: Leaves of Absence Section 23.06. Each present employee wi to four (4) days of personal leave per cont personal leave will be noncumulative, days will be paid if not used. and said peson In sum, Labor Day was on a Monday, but Arnett was not scheduled to work Mondays so his Labor Day holiday was on Tuesday. Arnett then took a personal leave day on Wednesday. The company subsequently refused to pay Arnett for his holiday (Tuesday), claiming that he did not ful- fill the requirements of the collective bargaining agreement. ed a grievance requesting that Arnett be paid his holiday pay because he fulfilled the requirement for holiday pay computation set forth in the collective bar- QUESTIONS Assume the role of director of human t Saga Food Services. How would you presem that John Arnett is not entitled to his holiday pay for Labor Day? yout tase 2. As a business agent ior Local 444, how would you The union filed grievan argue that John Arnetc is due his holiday pay? 3. As an arbitrator, how would you rule? Why? gaining agreement.

Explanation / Answer

(1)

According to the article section 7.03(B) of the employment contract, an employee is only entitled to take a leave before and after a holiday when it is on the premise of proven sickness. Any other ground of taking leave before and after the holiday will require prior approval from the shift manager who has the authority to approve or reject the application of leave. Arnett, after his labor day holiday, neither going for a sick leave not gets prior approval from his shift manager. So, as the director of HR for Saga Food Services, one should not entitle Arnett for the payment against his leave.

(2)

The Union may argue that as mentioned in the Article 23 of the employment contract an employee is entitled to take a personal leave on the scheduled day for the company and once such leave is taken, the day does not remain the employee's scheduled day. Article 7 is specific about the employee's (not the term 'his' in the contract) scheduled day before and after the holiday and not company's scheduled day. So, as a Union representative, I would argue that Arnett's scheduled day started from Thursday and not from Wednesday and thus there was no gap between the holiday and his scheduled day of work. Therefore, he may be entitled to paid leave for that day.

(3)

As an arbitrator, one should treat three things most crucial in any contract - the language, intent, and past practices. As long as the language is concerned, the Union's claim seems valid. The language of the Article 7 with the 'his full scheduled workday' can perhaps mean that personal leaves are excluded. But from the 'intent' point of view, this argument is futile. The whole intent of the Article 7 is to keep the business running before and after the holiday because the employees tend to take holidays at that time and there is a chance of having an operational loss which the employer needs to prevent. Though specifically not mentioned, personal leaves also come under the purview of the Article seven and that only sick leaves are allowed must be interpreted and understood from the context. Also, the article 23.06 does not elaborate any specifics regarding the method of applying and granting the personal leave and thus it is presumed that the method remains identical for any other leave. From the context, it is clear that the employee didn't take any approval for his leave on a particular day. So, as an arbitrator, one should give the award in favor of the company.

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