Negotiations Assignment FINAL
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Negotiation Assignment: Wilson Brothers vs. UFCW
Jennifer Lyons, Industrial Relations HRM845
November 19, 2023
Question 1
Jim will need to calculate the impact of the 20% wage increase proposed by the union. In
order to do this he will have to make the following calculations:-
a-show the impact on AHWR
b-show the impact on WIB
c-show the impact on NWIB
d-calculate the new TCR for Wilson Bros in the first year of the new agreement if the company
actually agreed to a 20% wage proposal as presented by the union.
Impact on AHWR (
Average Hourly Wage Rate)
Current AHWR = $30.00 + 20% increase as per UFCW proposal
AHWR = $30.00 x 1.20 = $36.00
Impact on WIB (Wage Impacted Benefits) :
WIB = 15% of current AHWR ($30.00)
WIB = $30.00 x 0.15 = $5.40
Impact on NWIB (Non-Wage Impacted Benefits) :
NWIB = 10% of current AHWR ($30.00-no increase)
NWIB = $30.00 x 0.1 = $3.00
AHWR
: $36.00
WIB:
$5.40
NWIB:
$3.00
THE PROPOSED TCR WOULD BE:
$44.40
Question 2
2) Jim will need to calculate the impact of the safety boot and pension proposal
on the non-wage impacted benefit calculation in the first year of the new
agreement. He will assume each employee works a 40-hour week, 52 weeks per
year. Calculate the new non-wage impacted benefit (NWIB that would result from
accepting the union’s proposals)?
There are 800 unionized employees at Wilson Bros who work 40 hours per week for 52
weeks in a year result in 2080 working hours per year. The union proposes the
following:
Safety Boots Requirement proposal: The Company pays $50 per year per employee
Company Contribution for pension plan proposal: $500,000 in the first year
If Jim accepts these proposals, these are the impacts: $500,050 (per year per
employee) 1,664,000 (total hours for 800 employees working 2080 hours per year) =
$0.30
The total of Non-Wage impacted benefits will equal $0.30.
The pension and safety boots and proposal will affect the Wilson Bros company
by increasing the NWIB by $0.30 changing the TCR to $44.70 (44.40 + $0.30)
Question 3
Jim doesn’t think he can agree to the union’s language on contracting out because as written
it could severely limit the company’s flexibility. What language, if any, should Jim propose to
attempt to resolve this issue?
The initial proposal, by the union states that the company cannot outsource any work
currently done by members of the bargaining unit without obtaining written consent from
the union. Additionally, it emphasizes that there should be no employee layoffs resulting
from outsourcing.
Flexibility Concerns for the Company:
There are concerns about how this clause
may limit the company’s flexibility for companies like Wilson Brothers that require
turnaround times and thrive on innovation. It is important to have the ability to outsource
tasks without facing restrictive constraints.
Proposed Modifications:
Clause 3.0;
This suggests that while the company will ensure job security for
employees, there can be exceptions if some union members lack skills or if specific
tasks require equipment not available within the company.
Clause 3.1;
This offers a solution, for temporarily reassigning employees affected by
outsourcing with a notice period of 60 days to facilitate smooth transitions.
Additional Proposals:
It is recommended to specify that alternative employment
opportunities should be provided to affected employees with at least 90 days’ notice
before any work is contracted out which might result in staff layoffs.
The company should also try to reassign employees within two weeks of giving notice of
outsourcing the work if they have the necessary resources and capable employees to
perform the task.
Jim should suggest language that allows flexibility, for the company while ensuring job
security for employees. This includes:
·
Avoid layoffs caused by outsourcing.
·
Requiring union approval before regularly outsourcing work performed by
bargaining unit members.
·
Offering alternative job assignments or transfers within the company to
affected employees.
Communicating these policies and intentions to the union and the company fosters
understanding and acting in faith.
The proposed language should balance protecting employee interests and providing
flexibility for the company. It is crucial to define situations where outsourcing does not
lead to layoffs of bargaining unit employees and specify exceptions when outsourcing is
permissible due, to lack of skills or equipment. Additionally, the company must commit
to offering alternative employment opportunities and providing notice to both the union
and affected employees.
Question 4
Jim doesn’t think he can agree to the union’s language on technological change because as
written it could severely limit the company’s flexibility. What language, if any, should Jim
propose to attempt to resolve this issue?
The union has proposed a 12-month written notice requirement, for any changes ensuring that
no employees within the bargaining unit will be laid off due to these changes. Notice proposals
of technological change is commonly seen in workforces such as these. For instance, in the 2016
agreement of United Steelworkers Local 1944 the following agreement was reached (please
note this is a federally regulated union/company)
"In ARTICLE B10. TECHNOLOGICAL CHANGE it is understood that technological change will be
defined according to section 51(1) of Division IV Part 1 of the Canada Labour Code. The parties
involved in this agreement have mutually agreed that sections 52, 54 and 55 of Division IV Part 1
of the Canada Labour Code do not apply. Both the company and the union are committed to
discussing measures that can support employees affected by change in adapting to its effects. If
a regular employee with one year or more of service is terminated due, to the introduction of
change they will be entitled to severance pay based on completed years of service as outlined in
the provided table (refer to reference link for details)."In response, to the proposal the employer
has raised concerns about the 12 month notice period viewing it as restrictive and potentially
harmful to the companys competitiveness. They propose revising it to a 120 day notice period.
Additionally they emphasize the importance of engaging in discussions with the union after
giving notice regarding training and adapting to changes. The employer is committed to
providing training for employees who may be affected by these changes.”
Technological advancements are crucial for the success of the company and in turn the success
of the employees; however, these changes could result in redundancies and automation,
ultimately leading to job replacements or eliminations. In order to ensure company profitability.
Jim should suggest an amendment to the duration of the 12-month notice period.
This is the language Jim should propose:
·
Implementing a notice period (120 days) before introducing changes.
·
Providing information in the notice regarding implementation dates relevant
departments involved, nature of change and its impact on employees.
·
Ensuring appropriate training opportunities for employees who require skills due to
changes.
·
Recognizing the benefits of progress while also acknowledging the importance of
minimizing any impact on employees.
·
Ensuring that provisions for layoffs are subject to at least 90 days’ notice to the
employees affected, due to the changes.
Question 5:
How should Jim respond to Union Proposals #7, #8, #9 and #10
#7: The company will provide the union with bulletin boards on company premises to use for
union business.
The company has agreed to install notice boards at locations, within its premises to display
union-related information. These boards will be strategically placed in areas for all union
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