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Avalon Manufacturing

Avalon Manufacturing has a collective agreement with Local $123$ of the

Canadian Manufacturers Union. Excerpts from the agreement, which

expires in six months, are set out below. The current contract was the

first agreement between the union and the employer. The employer

manufactures bicycle frames and employs $100$ full$-$time and $50$ part$-$time

employees. An additional $15$ to $25$ students are hired in the summer

months.

Article $1$ Recognition

$1\mathrm{.}1$ The employer recognizes the union as the sole collective bargaining

agent for all its employees employed in Hamilton, Ontario, save and

except supervisors, persons above the rank of supervisor, office and

sales staff.

Article $2$ Union Security

$2\mathrm{.}1$ All employees who on the effective date of this agreement are

members of the union and all employees who subsequently become members,

shall, as a condition of employment, remain members of the union.

$2\mathrm{.}2$ The Company agrees to deduct union dues from the pay of all

employees covered by this agreement. Deductions shall be forwarded to

the secretary$-$treasurer of the union accompanied by a list of names of

those employees whose dues have been remitted. Dues shall be remitted to

the union no later than fourteen days after the end of each month.

Article $3$ Non$-$discrimination

$3\mathrm{.}1$ The employer must not discriminate against any employee because of

age, race, colour, creed, national origin, political or religious

affiliation, sex, sexual preference, marital status, physical

disability, mental disability or because of membership or non$-$membership

or activity in the union.

$3\mathrm{.}2$ The parties recognise the right of employees to work in an

environment free from sexual and personal harassment.

Article $4$ Management Rights

$4\mathrm{.}1$ It is recognized that the employer exercises all rights and

responsibilities of management, subject to the terms of this collective

agreement.

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Article $5$ Strikes and Lockouts

$5\mathrm{.}1$ The union and the employer agree that there will be no strikes or

lockouts during the term of this agreement.

Article $6$ Grievance and Arbitration Procedure

$6\mathrm{.}1$ It is the mutual desire of the parties that concerns of employees be

addressed. It is recommended that employees attempt to resolve any

concerns with their designated

supervisor. However, this does not restrict the employee from processing

a grievance as follows:

Step $1.$ The grievor, together with his or her shop steward, must

discuss the grievance with his or her supervisor within five

working days.

Step $2.$ If the dispute is not settled under step $1,$ the grievance

must be put in writing and submitted to the supervisor within ten

working days of the incident giving rise to the grievance. The

supervisor will provide the employers response in writing within

three working days of receipt of the written grievance.

Step $3.$ If the decision of the supervisor is unsatisfactory or a

written reply has not been received within the time provided, then

within seven working days of the date upon which the supervisors

decision was provided or should have been provided, the grievance

will be discussed between the president of the union, the shop

steward, and the director of labour relations or his or her

designate. The director of labour relations or his or her

designate will give the employers decision in writing within

five working days.

Step $4.$ If the grievance cannot be resolved at step $3,$ then within

ten days of the written decision provided in step $3$ or the date

the written decision should have been provided, the matter may be

referred to arbitration.

$6\mathrm{.}2$ The parties will share equally the fees and expenses of the

arbitrator.

Article $7$ Seniority

$7\mathrm{.}1$ Seniority is the total duration of continuous service by an employee

within the bargaining unit, since the employees last date of hire.

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$7\mathrm{.}2$ All employees hired are on probation for the first $3$ months of

service. Upon successful completion of the probationary period, the

employees seniority will be effective

the first day of the probationary period.

$7\mathrm{.}3$ An employee will be deemed to be terminated and will lose all

seniority rights and privileges and the employer shall have no further

obligation to the employee in the event

that the employee:

$($a$)$ voluntarily quits;

$($b$)$ is discharged and not subsequently reinstated;

$($c$)$ is absent without leave for three days;

$($d$)$ has been laid off and has refused to return to work within $48$

hours after being recalled;

$($e$)$ is laid off and not recalled for a period of eight consecutive

months; or

$($f$)$ has been absent from work by reason of a medically

certified illness or injury, for a $24-$month period.

Article $8$ Layoff and Recall

$8\mathrm{.}1$ In the event of a layoff, the employer must lay off in reverse order

of seniority$,$ provided that the remaining employees have the skill and

ability to do the job required.

$8\mathrm{.}2$ Employees will be recalled in order of seniority provided that they

have the skill and ability to do the job required.

Article $9$ Promotions and Job Postings

$9\mathrm{.}1$ The Company must post notices of all job vacancies within the

bargaining unit and will receive applications for at least five working

days.

$9\mathrm{.}2$ The employer will consider the skill, ability, and seniority of the

applicants. Where skill and ability are equal, the employer will select

the employee with the most seniority$.$

Article $10$ Leave

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$10\mathrm{.}1$ Bereavement leave. An employee shall be granted three regularly

scheduled consecutive workdays leave without loss of regular pay and

benefits, in the case of the death of a member of the immediate family.

$10\mathrm{.}2$ Personal leave. Leaves of absence shall be granted without loss of

seniority for good cause, including personal illness or accident,

illness or accident in the immediate family, and jury duty.

Article $11$ Holidays

$11\mathrm{.}1$ The employer will observe the holidays required by employment

standards legislation.

$11\mathrm{.}2$ The employee is entitled to holiday pay, equivalent to eight hours

of regular pay.

Article $12$ Vacations

$12\mathrm{.}1$ Employees shall be entitled to annual vacation and vacation pay

pursuant to employment standards legislation.

Article $13$ Technological Change

$13\mathrm{.}1$ The employer shall notify the union four months before any

technological change that adversely affects the job security or working

conditions of employees.

Article $14$ Contracting Out

$14\mathrm{.}1$ The employer, except in the case of an emergency, shall provide the

union with at least five months notice before contracting out any work

that would cause the layoff of any employees.

Article $15$ Bargaining Unit Work

$15\mathrm{.}1$ Persons not covered by this agreement shall not perform work that

is normally performed by bargaining unit employees.

Article $16$ Term

$16\mathrm{.}1$ This agreement will remain in full force and effect for one year

from the date of its commencement.

Both sides have begun to prepare for the negotiation of a renewal to the

collective agreement.

Questions

$1.$ Identify $5$ issues in the existing contract that could be improved

upon from the employers perspective. Identify the Article, the

$5$

change the employer might demand in negotiations and a brief

explanation of why the employer would want the change.

$2.$ Identify $5$ issues in the existing contract that could be improved

upon from the unions perspective. Identify the Article, the

change the union may push for and a brief explanation of why the

union would want the change.