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Question: Need help with my week three assignment. Its for

Labor Relations book is called Labor Relations S...
Need help with my week
three assignment. Its for Labor Relations book is called Labor
Relations Striking a
Balance.

In a Word document
answer the questions after the following Mini Cases - Chapter 9,
page 340, Case 6:
"Work Requirements for Holiday Pay".

1) Assume the role of

director of Human Resources for Saga Food Services. How would you
present your
case that John Arnett is not entitled to his holiday
pay for Labor Day?

2) As a business agent
for Local 444, how would you argue that John Arnett is due his
holiday pay?

3) As an arbitrator,
how would you rule? Why?

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Expert Answer

Soumitra
answered this

(1)

According to the article section

7.03(B) of the employment contract, an employee is only entitled to
take a
leave before and after a holiday when it is on the premise
of proven sickness. Any other ground of taking
leave before and
after the holiday will require prior approval from the shift
manager who has the authority
to approve or reject the application
of leave. Arnett, after his labor day holiday, neither going for a
sick
leave not gets prior approval from his shift manager. So, as
the director of HR for Saga Food Services, one
should not entitle
Arnett for the payment against his leave.

(2)

The Union may argue that as

mentioned in the Article 23 of the employment contract an employee
is
entitled to take a personal leave on the scheduled day for the
company and once such leave is taken, the
day does not remain the
employee's scheduled day. Article 7 is specific about the
employee's (not the term
'his' in the contract) scheduled day
before and after the holiday and not company's scheduled day. So,
as a
Union representative, I would argue that Arnett's scheduled
day started from Thursday and not from
Wednesday and thus there was
no gap between the holiday and his scheduled day of work.
Therefore, he
may be entitled to paid leave for that day.

(3)

As an arbitrator, one should treat

three things most crucial in any contract - the language, intent,
and past
practices. As long as the language is concerned, the
Union's claim seems valid. The language of the Article
7 with the
'his full scheduled workday' can perhaps mean that personal leaves
are excluded. But from the
'intent' point of view, this argument is
futile. The whole intent of the Article 7 is to keep the business
running before and after the holiday because the employees tend to
take holidays at that time and there is
a chance of having an
operational loss which the employer needs to prevent. Though
specifically not
mentioned, personal leaves also come under the
purview of the Article seven and that only sick leaves are
allowed
must be interpreted and understood from the context. Also, the
article 23.06 does not elaborate
any specifics regarding the method
of applying and granting the personal leave and thus it is presumed
that the method remains identical for any other leave. From the
context, it is clear that the employee didn't
take any approval for
his leave on a particular day. So, as an arbitrator, one should
give the award in favor
of the company.

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Need help with my week three assignment. Its for Labor Relations
book is called Labor Relations
Striking a Balance.
In a Word document answer the questions after the following Mini
Cases - Chapter
9, page 340, Case 6: "Work Requirements for Holiday
Pay".
1) Assume the role of director of Human
Resources for Saga Food
Services. How would you present your case that John Arnett is not...
See answer 100% (1 rating)

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