Employment Relations Canada Labor Code

Question: Discuss about the Employment Relationsfor Canada Labor Code. Answer: Introduction The Canada Labor Code is the statue, which is responsible for the purpose of governing disputes in the provincial private sector. The disputes in Canada between the unions and the management are solved through the process of collective bargaining relationship, interest arbitration provincial or federal law (Burger, 2014). There are various factors, which affect the barging powers of the unions and the management. For the unions the factors, which affect the barging powers, are Unions barging powers are high when The new employers have significant barriers to enter in the industry The concentration of industries is high( oligopolies) Low foreign competition Dominant unions and high union coverage in industries exist. KSA worker portability between industries Control over external supply of labor. All factors, which diminish managements powers, enhance the unions power. Factors effecting management barging power are Ability to withstand a strike Timings, for example avoiding disputes during peak seasons and scheduling negotiations prior to holidays Nature of goods if the goods are of a perishable nature they decrease management power and if the goods are of non-perishable nature, they increase labor power. The finished goods inventory increases the managements powers. The availability of technology reducing the need of labor increases managements barging power The availability of workers as strike replacement also increases managements powers. Advantages of employee seniority to Employees: the senior employees are entitled to rewards and appreciation because of their experience and knowledge with respect to the industries business. The other employees also gain experience from the senior employees (Carrell Heavrin, 2013) Management: the senior employees have better knowledge about the business of the industries as compared to the management as they have immense knowledge and experience Disadvantage of employee seniority Employee: the other employees always have to be behind the senior employees even if they are more talented and hardworking and results in a slow career growth for them. Management: Senior labors are slow workers and have strong influence of the junior works who look up to them as role models. They have more barging power with respect to their seniority. Difference between interest and rights arbitration Rights: this kind of arbitration involves application and interpretation of collective agreements during the ongoing of such agreement. Interest: this kind of arbitration involves the process of establishing a new agreement collectively with respect to both the parties. This collective agreement in this case is established without the rights to go on strike and lock-outs. This is mostly common in the nursing home and hospital workers (Brown et al., 2014). The management have to right to include the provisions in the collective agreement with respect to discipline, performance appraisal work scheduling and level of staffing. With respect to discipline, the management has the rights to include the provisions for Reporting time for work Provisions related to theft and fraud Provisions related to behavior with fellow workers and management Provisions related to discrimination and work place bullying Discipline in workplace is the tool by which, the management keeps a surveillance of the workers conduct with respect to the workplace. Discipline involves the procedure of rectifying and the misconducts of the workers and employees through corrective measures. The main purpose of discipline in workplace is to correct the behavior of the workers in context and not to embarrass or punish tem unnecessarily. A problem within a workplace can often be solved through a positive approach rather than the application of punishment. However, if the unethical or unacceptable behavior of a worker is a regular problem , punishment has to be used in order to correct thet worker and set a positive example for the other workers in the workplace (Schz, 2014). In a work place discipline should be conducted through issuing warning letters , suspension letters and ultimately if there is no positive result or the misconduct is gross in nature then through a letter of termination (Hillier, 2016). The process of discipline is needed in workplace because it helps the management to ensure that the workers are working according to the rules of the company. It also provides scope for the management to ensure a positive working environment for the proper growth and development of the company (Bjrn, Fehr Schmid, 2012). From the given case scenario, we shall deduce the Unions argument on behalf of the grievor, the employers argument and the decision of the arbitrator; From the given facts it can be deduced that the grievor was suspended from his service for three dys without pay on the ground that he ate lasagna from the hospitals freezer. The allegation was based on the company policy which defines taking of beverages and food for own consumption as theft. Unions Argument Under the given circumstances the Unions arguments in favor of the grievor would be as follows; The above conduct falls under the definition of unfair labour conduct under Section 186 of the Labour Relations Act, 1995. Section 186(b) defines Unfair labour practice as unfairly suspending an employee or taking any unfair disciplinary action against an employee which falls short of dismissal. In this case the employee was suspended without pay for not committing the offence of stealing (Deakin Morris, 2012). Under the given circumstances the arguments which the employer can put forward is as follows; The grievor has acted contrary to the company policy of not taking food for personal consumption. Evidence to support the fact has also been provided. The Dietary technician has testified that the grievor has accepted the fact of stealing lasagna to her. Hence, the suspension without pay is justified. Decision of the Arbitrator Under the given circumstances and the testament of the Dietary Technician it is evident that the grievor had stolen food from the refrigerator against the company policy. It is not illegal to suspend an employee as a form of enforcing discipline. However, suspension without pay is not justified in this case as the employee was suspended with immediate effect pending investigation. The issue was not grave enough to suspend the employee without pay with immediate effect. Suspension with pay until investigation would have been justified as the employee has contravened provision of company policy and the same has been backed with sufficient evidence. References Bjrn, B., Fehr, E., Schmid, K. M. (2012). Use and Abuse of Authority: A Behavioral Foundation of the Employment Relation.CEPR Discussion Papers,9231. Brown, W. I. L. L. I. A. M. (2014). Third-party processes in employment disputes.The Oxford Handbook of Conflict Management in Organizations, 135-149. Burger, W. E. (2014). Using arbitration to achieve justice.ADR, Arbitration, and Mediation, 352. Carrell, M. R., Heavrin, C. (2013). Labor relations and collective bargaining. Deakin, S. F., Morris, G. S. (2012).Labour law. Hart publishing. Freeland, R. F. (2016). The employment relation and Coases theory of the firm.Chapters, 148-159. Hillier, V. (2016). Workplace violence: moving toward restorative practices as an alternative to traditional progressive discipline at Canada Post Calgary. Schz, G. (2014). Making Out All Right in a Triangular Employment Relation: The Case of Outsourced Receptionists.Revue franaise de sociologie (English Edition),55(1), 61-85.