Industrial relations - Arbitration Assignment
HRMN 3840 – Winter 2020 Arbitration Assignment You have now explored the topic of Grievance Arbitration through your readings, news stories and the lectures and discussions. Now it is your turn to reflect on your learning. Part 1: Choose one (1) of the news stories posted in Moodle (CNR Rail or Regina Catholic Schools). Read the story and using what you have learned about this topic from all sources, please answer the following questions: 1. What are the key arguments for both the union (grievor) and the employer? (4 marks) 2. Which party (union or employer) would have procedural onus in this case? (2 marks) 3. If you were the Arbitrator in this case what other information/evidence would you want before ruling on this case? (4 marks) 4. Using Table 10.1 from your discussion slides as a guide to the Arbitrator’s decision; do you agree with the Arbitrators ruling in this case? Why or why not? (6 marks) Copying your work from websites or another student violates the TRU Academic Integrity Policy and any violation of this policy will result in sanctions as described in the policy. This policy can be found in our Moodle page in the top section. Marks will be received on each question for the following components: Component Full marks will be received if you… Identification of key issues or problems Identify and demonstrate an understanding of the key issues and/or present an insightful and thorough analysis of the issues/problems. Full and complete responses to all questions using information obtain through the course materials. Supports responses and opinions with strong arguments and well documented evidence based on materials presented or studied in the class and recommendations are specific to this simulation based on the information presented during the proceeding simulation. Quality of writing and formatting Demonstrates clarity, conciseness and correctness; formatting is appropriate and writing is free of grammar and spelling errors. Assignments MUST be typed and uploaded to the Moodle drop box as a WORD document. You are not required to conduct any outside research to answer the case questions, but if you do utilize outside sources (including your textbook) to support your answers you must reference them using APA style. Please ensure your submission has a cover page with your name and student number clearly identified. Your Arbitration Assignment should include the following sections: Arbitration Simulation Report Element Description Cover Page Name, Student Number, Assignment Name Report Questions Answers to all questions in both parts. Bibliography If needed to support outside research/sources. Assignments MUST be typed and uploaded to the Moodle drop box as a WORD document. You are not required to conduct any outside research to answer the case questions, but if you do utilize outside sources (including your textbook) to support your answers you must reference them using APA style. Please ensure your submission has a cover page with your name and student number clearly identified. Your Arbitration Assignment should include the following sections: Arbitration Simulation Report Element Description Cover Page Name, Student Number, Assignment Name Report Questions Answers to all questions in both parts. Bibliography If needed to support outside research/sources. A CNR train conductor was terminated after a derailment investigation By Anique Dublin and Stuart Rudner Source: https://www.hrreporter.com/opinion/canadian-hr-law/no-duty-to-accommodate-if- employee-not-suffering-from-addiction/322448 As most of us are aware, employers are required to accommodate employees up to the point of “undue hardship” where the need for accommodation relates to a ground protected by human rights legislation, such as a disability. Addiction is recognized as a disability, which means that an employee diagnosed with substance dependency has the same rights to be accommodated as those suffering from other disabilities. The employer’s duty to accommodate is often triggered when the employee requests accommodation. As with all requests for accommodation, the employee must cooperate with the employer in order to find a reasonable accommodation. However, what happens if the employee does not request accommodation and is later terminated following a positive post-incident drug and alcohol test? This was the issue before the Canadian Railway Office of Arbitration & Dispute Resolution in the case of Canadian National Railway and Teamsters Rail Conference (F.A.), Re. The worker was employed by the Canadian National Railway (CNR) as an assistant conductor for six years. During that period, he had been disciplined 11 times. On July 22, 2016, when his active demerits totalled 55, the worker’s disciplinary record was reviewed with him to ensure that he fully understood the seriousness of his situation and what was expected of him. Additionally, CNR explained the availability of the Employee and Family Assistance Program (EFAP), if required. Following that meeting, on Jan. 19, 2017, the worker was given a written reprimand for attendance issues as well as a final opportunity to change his behaviour. Despite all these warnings, on Nov. 15, 2017, the worker’s violation of a company rule caused the derailment of a train. He was immediately removed from service and asked to provide a formal statement, which he provided on Nov. 28, 2017. An investigation was conducted and at the conclusion of the investigation, the worker was found to be at fault and given 15 demerits. This resulted in the worker having 70 active demerits. The worker was also required to undergo drug and alcohol testing which resulted in him testing positive for cocaine. https://www.hrreporter.com/opinion/canadian-hr-law/no-duty-to-accommodate-if-employee-not-suffering-from-addiction/322448 https://www.hrreporter.com/opinion/canadian-hr-law/no-duty-to-accommodate-if-employee-not-suffering-from-addiction/322448 In his post-incident statements, the worker attempted to hide his drug use by stating that he had the flu and the first time he raised the issue of a drug problem was in his volunteered response at the conclusion of his formal investigatory statement. On Nov. 30, 2017, the worker’s employment was terminated for accumulating 70 active demerits and for violation of the company’s drug and alcohol policy. As a result, the worker brought a grievance against CNR seeking reinstatement. He argued that he was suffering from substance dependence at the time of the incident and urged the arbitrator to take into consideration the great lengths he had gone to post- incident to prove his suitability for reinstatement The arbitrator dismissed the grievance. (Ruled in favour of the employer) The arbitrator concluded that at the time of the incident, the worker did not have a substance abuse problem that could be considered a disability under the Charter of Rights because he was only an occasional user of cocaine. The arbitrator held that absent an addiction, CNR was not under a duty to accommodate. Th arbitrator further found that the derailment was caused by the worker’s negligent inattention. The arbitrator concluded that given the circumstances, including the safety- sensitive nature of the position, the worker’s disciplinary record and his short service with CNR, 15 demerits were warranted and justified. The arbitrator concluded that even if he ignored the imposition of the 15 demerits that made the worker subject to dismissal, his coming to work under the influence of cocaine represented a serious offence deserving of severe discipline. This case highlights that where an employee is terminated following a post-violation drug and alcohol test, the employee must establish that they have a disability and that there is a connection or causal link between the disability and the violation that occurred. This may require medical or expert evidence. Absent such evidence, or where the employee denies that they have a substance abuse problem, the issue is not whether the employer discriminated against the employee but whether the employer had just cause to terminate the employment. BBUS 3810_04 Winter 2014 HRMN 3840_Winter 2020 Instructor: Melanie Reed HRMN 3840 – Winter 2020 Arbitration Assignment You have now explored the topic of Grievance Arbitration through your readings, news stories and the lectures and discussions. Now it is your turn to reflect on your learning. Part 1: Please answer the following contextual questions about Grievance Arbitration (5 marks each) 1. Discuss the advantages and disadvantages of grievance mediation as an alternative dispute resolution method. 2. Explain what it means to have “procedural onus” in an arbitration case? 3. Describe the steps of a typical arbitration process. 4. Based on what you have learned about arbitrations (text, lecture, and videos), do you feel the grievance arbitration process is effective for resolving disputes between the employer and employees/union? Why or why not? Part 2: Choose one (1) of the news stories posted in Moodle (CNR Rail or Regina Catholic Schools). Read the story and using what you have learned about this topic from all sources, please answer the following questions: 1. What are the key arguments for both the union (grievor) and the employer? (4 marks) 2. Which party (union or employer) would have procedural onus in this case? (2 marks) 3. If you were the Arbitrator in this case what other information/evidence would you want before ruling on this case? (4 marks) 4. Using Table 10.1 from your discussion slides as a guide to the Arbitrator’s decision; do you agree with the Arbitrators ruling in this case? Why or why not? (6 marks) Small group discussion is an important part of your learning. Following your individual preparation of these question, you may compliment your learning by engaging with other members of the class to discuss the questions and possible responses. However, your final submission must be an individually prepared response. Copying your work from websites or another student violates the TRU Academic Integrity Policy and any violation of this policy will result in sanctions as described in the policy. This policy can be found in our Moodle page in the top section. HRMN 3840_Winter 2020 Instructor: Melanie Reed Assignments MUST be typed and uploaded to the Moodle drop box as a WORD document. You are not required to conduct any outside research to answer the case questions, but if you do utilize outside sources (including your textbook) to support your answers you must reference them using APA style. Please ensure your submission has a cover page with your name and student number clearly identified. Your Arbitration Assignment should include the following sections: Arbitration Simulation Report Element Description Cover Page Name