In BC, Herme works as a private instructor with students who are differently abled. Five years ago,
Question:
In BC, Herme works as a private instructor with students who are differently abled. Five years ago, Herme was considered a fantastic employee and, as part of her contract, she received triple-time pay for any of her shifts that were outside of the time window of 9:00 am - 5:00pm. This was a huge bonus and Herme appreciated the extra money. Two years ago, Herme's workplace became unionized and she was advised that the negotiated collective agreement stated that employees would only receive double-time for shifts beyond 9:00 am-5:00pm. Recently, the collective agreement expired and the employer and the union have started bargaining. Months have passed and unable to reach an agreement, the union has commenced a strike. The government of BC is concerned about the impact of a strike on Herme's students and want the strike ended as quickly as possible.
Questions:
1. Is Herme entitled to the triple-time, given that it was contractually agreed to by the employer five years ago? Can Herme sue to enforce the obligation now?
2. Assume Herme received a notice from the union that it would not pursue a grievance on the hours issue. Is there any claim that Herme could make against the union? Explain process.
3.Explain ways that government could compel an end to the strike?