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Assignment #2

Case Study #1

A Case of Union Discrimination, Bubb-Clarke

Faculty of Business, IT & Management

Durham College

HURM 5202: Employee & Labour Relations

Human Resource Management (Graduate Certificate)

Steve Campbell

January 24,2022

Q#1)
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The following are the facts that led to this case being heard in court:

 Mr. Bubb Clarke was diagnosed with narcolepsy, and TTC moved his seniority to the

maintenance group as a result.

 If Mr. Bubb Clarke is unable to drive a bus, how can he work in maintenance despite his

condition; this is a violation of his human rights as both task needs fit and mentally stable

person to deal with. And as per this case Mr. Bubb Clarke is said to be unfit for both

tasks according to himself.

 In addition, due to his physical condition, he is unable to be transferred to the collectors

group.

 Because there was no other choice and they cannot terminate him just because of his

disability as per the Employment standards Act and because ATU and TTC had an

agreement which prevented them to transfer him to maintenance group, TTC went

against the agreement and broke the agreement and assigned him to maintenance group

with just 5 years of seniority, despite his 10 years of bus driving experience.

 Mr. Bubb Clarke is entitled to ten years of seniority regardless of where he is transferred

within the organisation.

 Mr. Bubb Clarke was only transferred due of his handicap, which is still another form of

discrimination.
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Q#2)

Prejudice based on disability is the form of discrimination observed here. Mr. Bubb Clarke has

been diagnosed with narcolepsy and is having difficulty driving a bus. The Toronto Transit

Commission (TTC) and the combined transit union (ATU) have a contract that states that

seniority earned in the transit community cannot be transferred to the maintenance group.

Similarly, Mr. Bubb Clarke made his living in the transportation group and, after receiving

authorization to work in the maintenance division, he still encounters issues such as mental

anguish and a difference in his job and responsibilities compared to other maintenance units.

Q#3)

The facts that covers the code which are disclosed in Mr. Bubb Clarke's circumstances are as

follows below:

 Due to his disability, the amalgamated transit union (ATU) should provide Mr. Bubb

Clarke full seniority in the maintenance category and shall protect him from insulting at-

work behaviour.

 While serving in the Toronto Transit Union maintenance community, Mr. Bubb Clarke

must be protected against general injury and mental suffering as a result of bias in

workplace tasks.

 The handicapped or disabled employee shall be moved to another position, with no

adverse effect on the other employee's position or performance or productivity at work.

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 There should be benefit or allowance given as an award to the employee because he or

she has caused some form of harm within the Toronto Transit Union.

Q#4)

The ATU's argument for its inability to change was already made for Mr. Bubb Clarke based on

the facts of the case, as under collective bargaining, an employee working in the transportation

group could not be transferred to the maintenance group, but the Amalgamated Transit Union

(ATU) management shifted him to the maintenance group based on Mr. Bubb Clarke’s

compassionate rationale. Five years of seniority will be transferred as part of the transfer

package. Now, the Amalgamated Transit Union (ATU) is powerless to modify its stance owing

to a mutually agreed-upon collective agreement between the ATU and the Toronto Transit

Commission, which includes certain seniority roles.

Q#5)

As a labour relations manager for the TTC, I can hear the problems or issues of both the ATU

and Mr. Bubb Clarke conducts the meeting with the two parties and also acts as the peace

promoter for them after first hearing Bubb Clarke's medical diagnosis and also understanding the

language of the collective agreement related to the issue of seniority. Such action will aid in the

mutual resolution of the problem without involving third parties in the circumstance. It can also
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be beneficial in resolving the argument or disagreement between them in a productive manner.

As a labour relations manager, I can also take steps like making judgments based on personal

observation or a workplace study of the situation. It may be useful in assisting the Toronto

Transit Commission and Mr. Bubb Clarke in finding a solution. In any business or corporation, a

problem or issue emerges in several areas, and it is the Manager's obligation to successfully

resolve the issue.

Reference

 Larry Suffield, Gary L. Gannon. (2022). Chapter-2. Labour Relations