Question
Read the following situation and answer the questionsbelow using the facts from the case, the portion of the collectiveagreement provided and your knowledge of how
Read the following situation and answer the questionsbelow using the facts from the case, the portion of the collectiveagreement provided and your knowledge of how to argue inarbitration.
"Bill is an employee of the Shoppers Drug Mart location atDupont Street and Spadina Road in Toronto. Bill is a member of theUnited Food and Commercial Workers Union (UFCW) that has organizedthis location of Shoppers Drug Mart. Bill earns an hourly wage rateof $20.00. Bill only worked 20 hours during a particular week andrequested more hours from his supervisor. His supervisor did nothave any day shifts available, but she did offer Bill what wascommonly known and referred to as ‘the Friday night shift’ onFriday night starting at 11:00pm and ending at 7:00am on Saturdaymorning. Bill happily accepted and worked this shift. When hereceived his paycheque the following week, he noticed that he waspaid a gross wage of $160.00 (8 hours x $20.00 per hour) for thatshift. He felt he should have been paid at his regular wage for theone (1) hour he worked on Friday and 1.5 times his regular wage forthe other 7 hours that he worked on Saturday in accordance withSection 6 of the collective agreement. This dispute proceededcorrectly through all the stages of the grievance procedure and hasnow progressed to arbitration. The following is the section of thecollective agreement in dispute:"
Section 6
6.01 Employees shall be paid at a rate of 1.5 times (time and ahalf) their normal wage rate for
a shift on a Saturday or Sunday.
1) What argument(s) would Shoppers Drug Mart make inarbitration to support their position?
2) What argument(s) would the UFCW make in arbitration to supporttheir position?
3) You have been appointed as the arbitrator to hear this case.What decision would you issue to the parties? What is the rationalefor your decision?
4) In subsequent collective bargaining negotiations betweenShoppers Drug Mart and the UFCW, what suggestions would you make tothe parties regarding Section 6 of the collective agreement?Provide the clause you would suggest to replace Section6.01.
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