Local 861 has brought a grievance against ESPO Broadcasting on behalf of one of its former employees,
Question:
Local 861 has brought a grievance against ESPO Broadcasting on behalf of one of its former employees, Addey Farberino. The grievance alleges that employees who resigned during the term of the first collective agreement, but before ratification of a retroactive wage increase, were entitled to the wage increase recently issued by ESPO. The union alleges that it had proposed specific entitlement of retroactive pay to anyone who had been an employee under the first collective agreement but that the proposal had somehow been dropped during the course of negotiations. The union claims that it allowed the specific proposal to be dropped because it had relied on a general presumption of retroactivity for wages and benefits. Nothing in the collective agreement explicitly contemplates this presumption. What position should management at ESPO take?
Step by Step Answer:
Managing the Law The Legal Aspects of Doing Business
ISBN: 978-0132164429
4th edition
Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer