labor relations: striking a rievance Discussion Case 2: Full Consideration Senio
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labor relations: striking a rievance Discussion Case 2: Full Consideration Seniority and Ability Hatch aho indicated some flexibility ird shift leader. In particular, Hatcha lems with the second shift leader, but tie rived late. In fact, Elder had never bendi BACKGROUND The Picasso Company's paint gun factory includes three presented by Lodge 821 arrive early enough to discuns Aerospace Workers (IAM). Historically, the day shift did boution, unlike the second and third able to because he was in a carpool. Ed shifts. However, a group of first shift (day) employees first shift leader. The employees also developed a list tchine with a longer cyce time a petition calling for a had achieved nearly perfect attendance, H ated to Murphy that he encour qualifications for the job. After some investigation, the factory manager, Sharon Murphy, decided that this the same was a good idea and began the process of selecting an shift employee for first shift leader machine Younger used) whenun ader so he could spend more time with employees. Elder, however, felt it would be unts the other employees if he didn't rotate machin Murphy first developed her own list of qualifica turned out to be quite everyone else. As the third shift leader, Eldes similar to the employees list. In particular, it was felt possession of the that the position required "a knowledgeable employee to whom others could turn for help and who would troubleshoot and offer suggestions, or do whatever else was necessary to make the operation run more the superviser clocked out each night After her interviews with Elder and Younger and conversations with Hatch, Murphy selected Younger th first shift leader position. Her decision o Moreover, Murphy thought on "her assessment of Younger as having the edge t the position needed "a self-starter who did not need to be told what to do." terpersonal skills, communication skills, initiati attitude in that Younger seemed to enjoy doi was posted, there were two ap- kinds of things that would be required of a leader plicants: Machinist First Class Robert Elder (seniority also felt -employees would be date March 10, 1987) and Machinist Second Class Mary Younger (seniority date July 6, 1991).Younger was to Younger with their questions" and stated that "she considered seniority in making the decision." rated lified for machinist first class but had not received Subsequently. Elder filed a grievance claiming the f vacancies. Elder was company violated the collective bargaining agreemert a promotion because of a lack a second and third shift leader for five years until he by failing to give full voluntarily resigned as leader to bump into a day shift position so that he could spend more time with his fam employee. was company consideration to Elder's seniority and qualifications and by promoting the more junior There was a $0.93 per hour pay differential between machinist first class and second cl 50.43 per hour above the machinist first class rate. In POTENTIALLY RELEVANT CONTRACT PROVISIONS ass. Leaders received the past, the second and third shift leader positions Section 20.1. Awarding a Job Bid. When job openings were awarded to the senior applicant the majority of occur or there are vacancies in classifications covered the time. No grievances were ever filed when the less by this agreement, excluding leader classifications senior person was selected. There was no record of a second class machinist ever being promoted to leader the corporation shall post on its bulletin boards a tice of such opening or vacancy, indicating the rate of phy interviewed both individuals and also dis- pay for a period of three (3) days, in order to cussed the candidates with a supervisor, Rick Hatch. In employees an opportunity to qualify for such open- the interviews Murphy asked questions regarding ini ing or vacancy on the basis of seniority and ability tiative, communication skills, decision-making abilities, to perform the available work. The corporation shalil and scheduling flexibility. Supervisor Hatch evaluatednot be required to consider the bid of a probat Younger higher than Elder: He felt Younger had bet- ter interpersonal skills and greater initiative (Younger would take it upon herself to act whereas Elder would wait to be asked). ary employee. At the end of the third (3rd) day, the job opening or vacancy shall be filled by the employes who qualifies as soon as possible, but not to excees ten (10) working days 334Explanation / Answer
Ans 1:
“Collective bargaining agreement is a written legal contract between an employer and organized labor. It involves extensive negotiation to arrive at wages, hours of work, terms of employment, between the employer and the labor union on behalf of the employees.”
As the president of IAM lodge 821, I would convince the arbitrator in regard to violation of terms of the collective bargaining as I was qualified for the post of leader and due for promotion, Further, I was also having a seniority in term of a number of years and experience in the organization.
As per section 20.4 of the collective bargaining agreement, “it states in filling vacancies in leader position covered by this agreement, the corporation agrees to give full consideration to the qualifications and seniority of employees in filling such vacancies.” Hence, the appointment of Mary Younger violated these terms, as I am more senior and suitably qualified for the job; also I have a better experience in this role. Secondly, Mary Younger was a Machinist second class, (Seniority date July 6, 1991) and I was a Machinist first class (Seniority date March 10, 1987). I am well acquainted with the role of a leader, which I performed for a second and third shift for 5 years until I voluntarily resigned as I got an option to work in the first shift, which was a suitable opportunity as I could give more time to my family responsibilities. There was also no record of a second machinist promoted to post of a leader.
Ans 2:
As the Human Resource Manager, I would state as follows:
Factors in Favor of Mary Younger’s appointment over Robert elder:
1.Mary Younger was equally qualified for the post and due to a promotion.
2.Rick hatch the supervisor was also in favor of Mary Younger who took initiative and had a flexible approach to working hours and the machine he worked on.
3.Elder was also inflexible in his working hours and had a difference of opinion with Hatch on the usage and rotation of machine use.
4.Murphy also felt that Mary Younger had better interpersonal skills, communication skills, initiative, and attitude was suitable for a post of leader.
5.She also felt the employees would find it easier to communicate with Younger.
Ans 3:
As an Arbitrator, I would rule in Favor of Mary Younger due to following reasons:
1.Mary Younger was recommended both by supervisor Hatch and Murphy after considering qualifications, experience, aptitude, and attitude.
2.Mary Younger was flexible in terms of work hours and open to using any machine.
3.Mary younger had all qualities of a good leader
Points against Elder were that he had an inflexible attitude and was not open to any change in timing or rotation of machines, further he was not ready to adapt to any requirement in a number of working hours or working process even when requested by Hatch.
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