2.
How would you suggest that unions and employers improve their ability to correctly interpret the collective agreement?
From the perspective of employees, one of the principal benefits of collective bargaining and union representation is assuring a reasonable balance of power between labor and management in workplace decision-making. Many collective bargaining agreements attempt to achieve such a balance by, among other things, giving employees the right to participate in certain decisions about how work will be assigned, how jobs will be classified, and how workers will be paid. The collective bargaining agreement at issue in Case Study 11-1 attempts to strike a balance between giving employees a role in important decision-making while reserving traditional management prerogatives to control fundamental decisions about profit and loss.
The problem in Case Study 11-1 arises because the terms of the collective bargaining agreement are somewhat ambiguous about how certain decisions are classified and about which of those decisions are reserved to the exclusive discretion of management and which ones are reserved for collaborative decision-making between the union and management. Effective union participation in managerial decision-making is only possible when the provisions of the collective bargaining agreement are absolutely clear about how decision-making authority is to be allocated. In this case, the ambiguity relates to the distinction between decisions about delegating certain categories of work to contractors, over which management has sole discretion, and decisions about creating new jobs, in which employees have the right to participate.
Management justifies its decision to contract out janitorial work by relying on Article 4.1.2 of the collective bargaining agreement, which provides that the "rights of management" include the "right to direct the working forces, including the . . . introduction of new, improved, or different production, maintenance, service, or distribution methods or facilities, the placing of production, service maintenance, or distribution work with outside contractors or subcontractors. Management...
The union, as the filer and continued impetus behind the grievance, has the burden of proving that the company in some way violated its labor contract in so doing. The level of proof needed is fairly basic; the contract can be carefully read by the arbitrator, and any actions that were illegal according to the terms of the contract could be identified. The burden of proof must lie with
The last step is rating the elements on the constructs based on a 5, 7 or 10 point rating system Smith, 1980() Another method is work sampling whereby the proportion of time a worker spends on a particular activity such as fixing a machine or designing a new system is measured. Hierarchical task analysis is another method and it involves giving a description of the performance of the employee based
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Previously the element of interest and personal motivation were found missing, the technical capabilities of the employees have never been a matter of debate, however the personal and mental capacities and limitations are either ignored or not respected which resulted in the poor performance of the organization. Apparently, the rise in the demands pertaining to the particpation of the employees and the industrial democracy has also distorted the professional
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