The collective agreement between the United Train Conductors of Canada (Local 49) and Rails and Trails Inc

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The collective agreement between the United Train Conductors of Canada (Local 49) and Rails and Trails Inc (R&T), a private railway system, has come up for renewal. The parties are finding it difficult to come to an agreement on an issue related to health benefits, and the negotiations appear to be getting nowhere. Both parties are concerned that there might soon be a strike or a lockout. It has recently come to Local 49’s attention that some R&T managers are being trained as conductors, and are even driving trains containing passengers as part of their training. R&T claims that training managers as conductors has always been its practice so that managers can better understand the positions that they supervise. However, since the recent manager-training program began, R&T has seemed unwilling to listen to Local 49 and has held more firmly than usual to its bargaining position. The union has accused R&T of breaching its duty to bargain in good faith by training the managers to replace the unionized employees. Describe what the duty to accommodate entails. What argument can R&T make to support its claim that the manager training is not a breach of its duty? What argument can the union make to support its claim?

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Managing the Law The Legal Aspects of Doing Business

ISBN: 978-0132164429

4th edition

Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer

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