Case study and assessment of Bargaining position

Case study and assessment of Bargaining position Order Description : write 3 ½ pages for the Case Study Enterprise Wire co, read the case study and use the 7 steps, in the attached document, I also have the 7 steps below, but i prefer is you use the documents 7 steps. This is what the teacher wants: The first Case Study is about ENTERPRISE WIRE CO.(46 LA 359, 1966) and read case outcome and asses based on the 7 steps below. *****Case Study *****– The instructor will assign a case study involving the discipline or discharge of an employee. Students will be expected to review the case study and write and analysis of the case. The case analysis should address the question of whether there was just cause for the disciplinary action using the 7 seven steps for cause framework. A finding of cause must be supported by the facts of the case. If the conclusion is there was not sufficient cause to discipline/discharge then an explanation of the deficiencies in the case must be presented along with the student’s recommendation as to what action management should have taken. Follow the 7 Steps: ? TEST APPLICABLE FOR LEARNING WHETHER EMPLOYER HAD JUST AND PROPER CAUSE FOR DISCIPLINING AN EMPLOYEE 1) Notice Of Rules Of Conduct (arbitrator going to look at did the employee know what was expected of them in terms of performance standards, policy violation etc. ) ? 2) Reasonable Rules And Orders (was it reasonable, and not forced or illegal or immoral the job we gave them). Attributor will look if the rules and orders were reasonable) ? 3) Investigation – “Due Process” ? Timely ( Supervisors did not immediately address the issues and correct it immediately). Talk to the employee to change the behavior of the employee. ? Talk To Grievant (no pre-judgment, have to talked to the employee) ? Get Witnesses Statements (statements are better in writing, or orally if it goes to arbitrator) ? Preserve Evidence (take picture, prove what the person did, if it goes to arbitrator) ? Union Representatives in investigations (per NLRA investigatory interview, were the likely outcome is disciplined they can have a representative) Other Representatives in investigations (family members, lawyer) ? 4) Fair Investigation ? Review Of Investigation By Others (you are need to follow up with security, and don’t assume), did the employee for example was given an representative. ? Evidence Collected To Clear Employee (job of the supervisor, ) ? 5) Proof ? Preponderance Of Evidence ( there are two standards of proof in the arbitration world, one: propanence of evidence (no big prof), however if this is misconduct leads the criminal charge, the attributor could apply criminal charges. ? Reasonable Doubt (have the arbitrator decide) ? 6) Equal Treatment ? Lax Enforcement. Consistency (make sure no discrimitory actions) treat everyone the same. (disciple ) ? 7) Penalty (does the penalty fits the crime) ********Assignment 2 1½ pages for the Assessment of Bargaining Position. (management and union talking at the bargaining table) The Second Assigned is 1 1/2 pages APA format, just read the case agreements (its attached) and write about how good will the union do as t (me against the management). Write couple of paragraph about how we stand against and how good are our chances are to get the below proposals agains the Management. Do we have more union negotiates power, over the management. Is the union in a good position or bad position? What is the unions leverage? Union want to negotiate the following with the management at the bargaining table Economical proposals: - -1 additional holiday per year - holiday premium pay, -4 days a year - pay increase of one dollar over the next three years -education pay for two people - - double the insurance to 2 million Noneconomic proposals: -Union Security Clause (all employees including technicians) -Optional flexible Hours. 4 X10 (This will create flexibility, a better culture, and result in lower sick leave, therefore reduce costs). Management will most likely agree. -Improvement in grievance time limits. (argue 3 months settle for 6 months). The success of this deal will make employees feel like they are being heard. -Reduction in the probationary period. (The proposal is to get a three months’ probationary period. The goal is to reduce the turnaround, and make employees feel more secure). -Addition of a union Steward (Low cost, and helpful in creating a good employee and union, and management relationship). The Management want to negotiate: • Asking for more Technicians, to lower costs. (We will agree, but in conjunction of a $1 a year pay increase, keeping the HW as same, and an additional day of holiday) • Reduction of paid leave (Not lower than 1 Week for the 1 year, 2 weeks for the second to the fourth year, 3 weeks leave for 5 to 10 years). • Sunday premium reduction (Sunday premium reduction is possible, but not lower than $1). • Reduction of Holidays. (Holidays is not negotiable). • Night Premium (Is totally negotiable, and we can knock it out) • Jury Duty (we will not negotiate) • Funeral Leave (we will not negotiate) • Sick leave (not negotiable, its already low) • Reduction to Lunch and Break (No change to 1 Hour lunch and 2X15minutes breaks) I think here we could possibly do 30minute lunch and 2x15 minutes break because many employees would rather go home a bit earlier each day) • Management proposing no restrictions on the addition of technology and/or additional training by the company on any new equipment or technology adopted in the pharmacy (We preferable want to keep this as same) • Taking a dime reduction in the pension plan to keep it from going into the red.