HRMN 3840 01 Unfair Labour Practices

HRMN 3840 01 Unfair Labour Practices

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HRMN 3840 01 Unfair Labour Practices

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HRMN 3840 01 Unfair Labour Practices

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Course Code: HRMN384001
University: Thompson Rivers University

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Country: Canada

Question: 
1. Do you think that John Mills or the union have grounds for a complaint to the Labour Relations Board of BC? Why or why not?
2. If John Mills or the union filed a complaint with the LRB of BC, how do you think the employer would respond? Why?
3. If you were the Investigator at the BC LRB what would your decision be? Why? What outcomes/recommendations would you make or expect of either party or both?
Small group discussion is an important part of case study learning. Following your individual preparation of the case, you may compliment your learning by engaging with other members of the class to discuss the questions and possible solutions. However, your final submission must be an individually prepared response. Students will receive a zero mark if it is determined thatyour work has been copied from other students or external sources.
Answer: 

Introduction:
The study is focused towards understanding the major implications of unfair labor practices across various organizations. It is known that organizations at times engage in activities that have negative impact on the employees. Unfair labor practices reefer to the actions of employers or unions that unfairly influence employees to make unwanted decisions during processes of certification. The various work related factors are essentially managed by the higher management across various organization are often found to be flawed. Hence, there is a significant requirement for better employee oriented labor practices. A case concerning the termination of an employee of the Township of Rain Lake has been considered in the light of the implications of some existing labor practices.
Key Issues
The identified issues within the case that is being considered are relevant to scenarios of unfair labor practices. Firstly, the tenure of John Mills in the public works department of Township of Rain Lake should have been considered more judiciously by the management while making the final decision (McQuarrie, 2015). The demands of John Mills and the others with regards to increasing the work hours were not essentially considered by the council. The council only gave much lesser work hours than the requested 130 hours of work. Thirdly, the termination of John Mills stating his accident record was very harsh given the fact that he had provided 8 years of disciplined services to the organization.
Assumptions
The significant assumption that are being made in the case for the better analysis of the scenario are.

John Mills has been a dedicated long standing serviceman who needed to be retained for the post
The demands of the workers for the 130 hours work time was legitimate as no salary increase was demanded
The council tried to underestimate the union
The council did not provide the resolution that was promised in the second meeting an instead  terminated a tenured and well-disciplined employee
The implications of the council’s decisions can pose greater problems for the workers in the future if not questioned

                                                           

Ground for complaint
There is a strong ground for complaint as far as the case is concerned as towards the later part of the case study it is shown that a meeting is organized by the council to discuss the complications and false promises are given just to stop the unionization process (McQuarrie, 2015). As per the Canadian labor code the employer cannot interfere with the process of forming union. However, there is a clear indication in the case that the council try to influence union formation (McQuarrie, 2015). Moreover, it became clear from the meeting that the employer or council was aware of the fact that Mills was interested on becoming a part of the union. If this is the case then as per the Canadian labor law, an employee cannot be terminated on the basis of his inclinations towards the union (Bogg, 2017). Moreover, the justifications provided by the employers about the accident record of Mills is also not valid as none of the accidents were charged by any traffic ticket. Moreover, as per the scenario the council will have to justify its purpose of making the decision. Thus, there is ample amount of reasons for both John Mills and especially the labor union to approach the Labor relations board. The union has a greater case as the process of unionization have been attempted to be manipulated by the organization.
Response of the Employer
In case of a complaint being filed by either John Mills or the Labor union the organization will definitely respond. This is mainly due to the fact that the grounds on which the decisions were made were never sufficient. The organization will respond to the investigation by providing the relevant causes for which it had to terminate the employee. The organization will show the first reason for the termination as business requirement (Bogg, 2017). It has been stated in the case that deployment of newer equipment made the work function of John Mills unnecessary. The most obvious reason that can be given by the council is the cost cutting that they showed as the primary reason behind the termination (Nissen, 2016). The council can argue that it was the demand of the situation that difficult decisions such as the termination was taken. The employer will have to show proof of their non-involvement in trying to manipulate any employee from joining the union (Baert & Omey, 2015). The interference in the unionization process is an important allegation. It is more important as the promised changes were not made by the council. The council will have to provide essential data in regards to its clear intentions. The council can project its right to freedom of speech and other essential rights to counter the claims of the union or John Mills.
Recommendations as an Investigator
As an investigator it will be very important to view and analyze each significant identified issue in the light of the labor codes of Canada (Zhang & Zuberi, 2017). The two most significant issue that need essential analysis concerning the case are, the justifications of the organization behind the termination of John Mills and the involvement of the organization in the process of unionization. Unionization is a major factor that has influenced this case (Foster, Taylor & Khan, 2015). This is mostly because the union had a large role in providing support to the demands of the five employees including John Mills. A balance of probability approach needs to be taken by the investigator in order to understand the relative positions of the organization and the employee and union (McQuarrie, 2015). In the case the role of the organization is definitely flawed in many respects. However, the key identified issues need to be investigated keeping in mind all the essential happenings considering the case. Given the situation the council is liable to reinstate the employee or compensate him for the losses that it caused to John Mills (Gunderson, 2015). Moreover, the council has to sign a pact in regards to not interfering with the unionization process as it is guilty of anti-union actions.
Conclusion:
In conclusion it can be said that the case is genuinely in favor of the union and John Mills. This is mostly due to the fact that the decisions made by the council were not fair. Moreover, the council was guilty in more than one unfair labor practice. It made unjustified actions towards terminating employees, tried to manipulate unionism and made false promises to employees.
References:
Baert, S., & Omey, E. (2015). Hiring discrimination against pro-union applicants: the role of union density and firm size. De Economist, 163(3), 263-280.
Bogg, A. (2017). ‘Individualism’and ‘Collectivism’in Collective Labour Law. Industrial Law Journal, 46(1), 72-108.
Bogg, A. (2017). Labour, Love and Futility: Philosophical Perspectives on Labour Law.
Foster, J., Taylor, A., & Khan, C. (2015). The dynamics of union responses to migrant workers in Canada. Work, employment and society, 29(3), 409-426.
Gunderson, M. (2015). Changing Pressures Affecting the Workplace and Implications for Employment Standards and Labour Relations Legislation.
McQuarrie, F. (2015). Industrial relations in Canada. John Wiley & Sons.
Nissen, B. (2016). Unions in a Globalized Environment: Changing Borders, Organizational Boundaries and Social Roles: Changing Borders, Organizational Boundaries and Social Roles. Routledge.
Zhang, S., & Zuberi, D. (2017). Evening the keel: Measuring and responding to precarity in the Canadian labour economy. Canadian Public Administration, 60(1), 28-47.

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