Case Scenario 2Collective Agreement Interpretation and Recommendations (20 marks)

This morning, the Department Manager, Joe Harvey, came to your office to discuss a grievance transmittal he received on his desk 9 days ago.He spoke to the grievor's supervisor, Mike Paquette, and obtained a copy of the grievance, which reads:

Grievor's Name:Alba Martinez

Date, Time, Location: December 13 2019, Mike's Office

Details:

I grieve the Employer's misapplication of article 17.03 (bereavement leave) of the applicable collective agreement as communicated to me on December 13^th 2019 when my supervisor denied my request for bereavement leave.

As corrective measures, I seek:

-that the grievance be granted;

-that my leave without pay for December 16-20, 2019 be substituted for paid bereavement leave;

-that all lost wages, benefits and pension contributions be adjusted to reflect the situation;

-that there be a notice on the union bulletin board regarding the interpretation and application of the bereavement leave provision; and,

-any other measures deemed necessary to remedy the situation.

Ms. Martinez and her union representative, Barry Herbert, both signed the submitted grievance.

Joe tells you that he asked Mike what happened on December 13^th and during the grievance meeting.Mike recalled that on December 13^th Alba came into his office crying saying she had just received a call that her aunt Rosa had passed away and that she needed the next week off as bereavement leave to grieve and attend the funeral.Mike remembered that he reviewed the provision in the collective agreement and told Alba she was not entitled to it and seeing as she had no other leave in her leave bank until January 1^st that she could take the week off as other leave without pay. Mike told Joe that he received the grievance on January 22^nd 2020. Joe tells you that Mike explained that during the first level grievance meeting Alba mentioned how her aunt Rosa was more than just an aunt; she was like a second mom to her, especially since her mom passed away 2 years ago.Joe also tells you that Mike recounted that during the grievance meeting it was the union representative, Barry, who was pushing for posting the interpretation on the Union bulletin board.Barry was adamant that Mike's interpretation was wrong.

Joe tells you that Alba was hired on October 23^rd 2019 and is a probationary employee.He adds that he now wants to fire her because filing this grievance is making him and Mike look bad and she used up all her leave before the end of the year."We are management! We have rights too.We can fire her and that's what we want to do. Get the paper work ready!"

As the Senior Labour Relations Advisor assigned to Joe's department, please discuss the issues and provide a recommendation to Joe pertaining to each issue you raised.

The pertinent provisions of the applicable collective agreement are as such:

Article 1: Management's Rights-Residual

Article 5: General

5.3: Bulletin Boards:The Employer shall provide to the Union adequate bulletin board space in each unionized Wilson Brothers location in such place so as to inform all Employees in the bargaining unit of the activities of the Union. No notice will be posted without the prior consent of the Vice President of Operations of the Employer or her designated representative.

Article 9: Grievance Procedure-As Per Legislation

9.01 The parties may agree to waive or extend any of the time limits established in the grievance procedure.

Article 17.03: Bereavement leave

17.03 For the purpose of this Article, family is defined as spouse, child, (including spouse's child), stepchild or ward of the employee, father, mother (or alternatively stepfather, stepmother, or foster parent), father-in-law, mother-in-law, grandparent, grandchild, sibling, and relative permanently residing in the employee's household or with whom the employee permanently resides.

a)When a member of the employee's family dies, an employee shall be entitled to a bereavement period of five (5) consecutive calendar days including the day of the funeral. During such period the employee shall be paid for those days which are not regularly scheduled days of rest for the employee.

b)An employee is entitled to one (1) day's bereavement leave with pay for the purpose related to the death of his or her son-in-law, daughter-in-law, brother-in-law or sister-in-law, spouse's grandparent, guardian, and step relative.

c)If, during a period of vacation leave, an employee is bereaved in circumstances under which he or she would have been eligible for bereavement leave with pay under paragraph (a) or (b) of this clause, the employee shall be granted bereavement leave with pay and his or her leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.

17.17: Other leave without pay

17.17At its discretion, the Employer may grant leave without pay for purposes other than those specified in this Agreement, including enrolment in the Canadian Armed Forces and election to a full-time municipal office.

Article 25: Probationary Employees

25.1Employees will be regarded as probationary employees for the first 180 working days of their employment.During this period the employer will be the sole judge of their ability and suitability for employment, and termination will at the employer's discretion. Wilson Brothers' discretion must be exercised in good faith, without discrimination and in a non-arbitrary fashion.

25.2Probationary employees' rights under this collective agreement will take into consideration when they were hired in the calendar year and the rights will be pro-rated accordingly with exception of bereavement leave, personal day leave, and jury-duty leave.

Question: As the Senior Labour Relations Advisor assigned to Joe's department, please discuss the issues and provide a recommendation to Joe pertaining to each issue you raised.