Pre Work Case

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George Brown College Canada *

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2023

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Political Science

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Jan 9, 2024

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docx

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Uploaded by AgentExploration9502

Case Incident: Hospital Employees’ Union Vs. British Columbia Nurses Union Questions 1. What concerns, if any, would hospital employers have in this situation? 2. What arguments can be made in criticism or in defence of raiding? Answers 1. Hospital Employers' Concerns: a. Service Disruption : The labour dispute between the HEU and BCNU could disrupt the seamless functioning of healthcare services in the hospital. b. Increased Expenses : Labour disputes can lead to higher hospital labour costs. If LPNs switch unions, may potentially result in higher wages or benefits. c. Employee Morale Impact : If LPNs are torn between two unions, it could create divisions among staff and reduce workplace unity. d. Legal and Regulatory Compliance : The involvement of multiple unions and the potential for switching unions may introduce legal complexities. 2. Arguments Supporting Raiding : a. Worker Choice: It allows workers to exercise their right to choose the union that best represents their interests. It promotes democracy within the labour movement. b. Benefits of Competition: Union competition encourages them to provide better services, advocate more effectively, and negotiate better terms for their members. c. Promoting Accountability: Raiding can hold unions accountable for their actions and policies. It can incentivize unions to respond more to their members' needs to prevent defections. Arguments Criticizing Raiding : a. Divisiveness: Raiding can create divisions among workers and within the labour movement, potentially leading to conflicts and weakening the collective bargaining power of unions. b. Resource Waste Concerns: The resources spent on raiding campaigns could be better utilized to improve conditions for existing members. c. Stability Undermining: Frequent Raiding can undermine labour stability, resulting in frequent changes in representation. This can make it challenging for unions to establish stable labour relations. d. Impact on Employers and Services: As explained in the above answer, Raiding can have consequences for employers and services, including disruptions, increased costs, and potential legal complications. Case Incident: A Case of Union Discrimination? Questions 1. What form of discrimination is seen in this case? 2. What was the “protected ground” under the Code revealed in Mr. Bubb- Clarke’s circumstances? 3. Based on the case facts, what argument did the ATU advance for its inability to change what had already been done for Mr. Bubb-Clarke? 4. As a labour relations manager for the TTC, after initially hearing of Bubb- Clarke’s medical diagnosis and also understanding the collective agreement language related to seniority transfer, what steps would you have taken to avoid this situation? Explain why. Answers 1) Form of Discrimination: In this case, we observe systemic discrimination . The collective agreement's seniority rules, which prohibit seniority transfer between different job families were not created to discriminate against people with disabilities.

However, they unintentionally created a systemic obstacle for Mr. Bubb-Clarke who need to switch job families due to disability. 2) Protected Ground under the Code: Under the relevant human rights code, the "protected ground" in Mr. Bubb-Clarke's situation is his disability . His narcolepsy diagnosis qualifies as a disability under human rights legislation, and he sought accommodations related to his disability, such as a transfer to a suitable role within the TTC. 3) ATU's Argument for Inability to Change: The ATU argued that the collective agreement , which had been mutually agreed upon, and the seniority rules outlined within it gave them no authority to take further action in Mr. Bubb-Clarke's case. 4) Steps to Avoid the Situation as a Labour Relations Manager: In my role as a labour relations manager for the TTC, several proactive measures I could have implement to prevent this situation: Collective Agreement Review : I would review the collective agreement to grasp the specific provisions related to seniority transfer and any accommodations for employees with disabilities. Legal Consultation : Seeking legal counsel's guidance would be essential to clearly understand the legal obligations and rights regarding employees with disabilities as per human rights legislation. Open Dialogue with Mr. Bubb-Clarke and Union : Initiating a direct and empathetic conversation with Mr. Bubb-Clarke would be crucial. Understanding his medical condition, work limitations, and preferences for alternative roles within the organization that align with his abilities and medical situation is essential. Also Engaging in open discussions with the ATU, emphasizing the importance of accommodating Mr. Bubb-Clarke within the collective agreement's framework, would be a priority. Exploring potential solutions that consider both the collective agreement and human rights obligations would be crucial. Accommodation Assessment : A comprehensive accommodation assessment, conducted in collaboration with healthcare professionals, would identify suitable positions within the TTC to accommodate Mr. Bubb-Clarke's disability while adhering to the collective agreement. Mediation : If necessary, the involvement of a mediator or arbitrator could facilitate discussions between Mr. Bubb-Clarke, the ATU, and TTC management to reach a fair and legally compliant resolution that accommodates his disability. Policy Review : Reviewing and updating organizational policies and procedures to ensure alignment with human rights legislation and to prevent similar situations in the future would be essential. References: Suffield L. & Gannon, G. L. (2020). Labour Relations (5 th ed.) [Pearson Canada]. Retrieved from https://etext- ise.pearson.com/courses/5d77cdf0e4b02ae8681c42a9/pages/a07a7c246c6ae44d8ba5 1f92a8e2a42fd4290ac6c?source=scheduled Suffield L. & Gannon, G. L. (2020). Labour Relations (5 th ed.) [Pearson Canada]. Retrieved from https://etext- ise.pearson.com/courses/5d77cdf0e4b02ae8681c42a9/pages/a07a7c246c6ae44d8ba5 1f92a8e2a42fd4290ac6c?source=scheduled

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