Allegation of Unfair Labour Practices Value: 15 marks Due May 30 5 pm For a number of years, the Employer hosted an annu
Posted: Mon May 30, 2022 5:03 pm
Allegation of Unfair Labour Practices Value: 15 marks Due May 30
5 pm For a number of years, the Employer hosted an annual Christmas
luncheon for all bargaining unit and non-bargaining unit employees.
It is a catered dinner planned by some managers and some office
staff for all bargaining unit and non-bargaining unit employees
each year. A notice of the date and time of the luncheon is usually
posted at the workplace along with a request for employees to
contact one of the office staff to confirm their attendance. In
January 2016 the union had a lengthy strike lasting approximately 3
months. Subsequently in December management posted notice of the
Christmas luncheon in the usual fashion. In addition, a number of
managers asked a number of employees whether they were planning to
attend the Christmas dinner. Some employees may have been asked by
more than one manager. The dinner went ahead as usual. Following
the dinner, there had been a rumour in the workplace that some
employees had been harassed by co-workers for having attended the
event. Specifically, they were called “suck holes” for having
attended. On December 20, 2016, the Employer posted a notice to
employees in order to address the rumour. The notice said: NOTICE
TO ALL EMPLOYEES Following the Christmas Luncheon last week, there
was an extremely unsettling rumor that some employees had been
harassed by co-workers for attending the event which was hosted by
members of the Employer. This event is intended to express our
appreciation to all of you for your hard work and commitment during
the year. To have it marred by such appalling conduct is extremely
unfortunate. As all employees are aware, any form of harassment in
our workplace is not acceptable and will not be tolerated. It is
the right of every employee to have a workplace free from bullying
and harassment. When such rights are not respected, it must be
dealt with in a firm manner. Therefore, should it come to our
attention that any employee or group of employees was involved in
this or any other form of workplace harassment or bullying,
appropriate disciplinary measures will be taken in accordance with
our policies on Workplace Harassment and Anti-Bullying. For more
information on our workplace policies, please check the website
under the OH&S section or contact Human Resources Management.
Three weeks after the Employer posted its letter, the President of
the Union posted a copy of a letter from him to the General Manager
on the Union’s locked bulletin boards. In it, he alleged that
bargaining unit employees had been harassed by management to compel
them to attend the Christmas dinner. The letter said: January 13,
2017 Attention: General Manager Re: Notice to Employees I write in
relation to the “Notice to Employees” you posted on December 20,
2016. It is extremely irresponsible for you to engage in such
conduct on the basis of what you admit are nothing more than
rumours. It is clear that the Commission had no factual basis for
such allegations, and the Notice merely represents a clumsy attempt
to disrupt the union membership. Furthermore, on behalf of the
members I wish to formally object to the manner in which employees
were harassed by management seeking to compel employees to attend
the Christmas Luncheon. Employees felt pressured and intimidated to
attend although they did not want to be present. If the workplace
is to be free of harassment, management should set an example and
not engage in the very behavior which you claim to be trying to
prevent. Sincerely, Union President On the same day, the Employer
posted a second notice to all employees at the workplace. That
notice said: NOTICE TO ALL EMPLOYEES I refer to the letter of
January 13, 2017, from the Union President, to the General Manager,
that has been posted on the Union bulletin boards. I wish to
clarify the purpose of the December 20, 2016, Notice to Employees.
Under the provincial Occupational Health and Safety legislation,
your employer, has a general duty to safeguard the health, safety
and welfare of employees. This includes addressing any issues of
possible harassment in our workplace. As outlined in the letter of
January 13, 2017, the Union does not support the Employer in its
stand on possible workplace intimidation and bullying and has
chosen instead to publicly criticize our efforts to put an end to
this type of harmful conduct. We remain committed to our position
that any form of harassment in our workplace is not acceptable and
will not be tolerated. It is the right of every employee to have a
workplace free from bullying and harassment. For more information
on the workplace policies, please check the website under the
OH&S section or contact Human Resources. Manager, Human
Resources On January 23, 2017, the General Manager met with the
Union President and discussed his January 13 letter. In particular,
the General Manager gave the Union President ten days to provide
documented proof of the truth of the harassment allegations or to
issue a written public apology to management to be posted on all
Union bulletin boards at the workplace. During the 10 day period,
the Union President refused to provide such proof or a written
apology. By way of a letter dated February 3, 2017, the Employer,
issued the Union President a suspension for one week without pay
for his disrespectful behavior directed towards management,
including his publicly displayed statements, his failure to comply
with the direction of January 23, 2017 and his violation of the
harassment policy. In addition to filing a grievance regarding the
suspension, the Union brought an application to the Labour
Relations Board requesting the following:
1. a. The Board find the actions of the Employer in threatening
and imposing discipline on the Union President and accusing the
Union President of libel, are unfair labour practices in violations
of Section 23(1), 25(1) and 25(2) of the Act; ANS.
b. On January 13, 2017 the employer responded to a letter from
the Union President that was posted in the union bulletin board.
The union alleges this letter is an unfair labour practice.
ANS.
Assume you are the Chairperson of the Labour Relations Board and
have been asked to rule on the union’s submission (a-b). How would
you rule on the union’s application? Please explain your position
in relation to the relevant section of the Labour Relations
Act.
2.Assume that the employer threatened to prohibit the union from
accessing union bulletin boards until the union president issued an
apology, would this be considered an unfair labour practices in
violations of Section 23(1), 25(1) and 25(2) of the Act. Please
explain your position. ANS.
5 pm For a number of years, the Employer hosted an annual Christmas
luncheon for all bargaining unit and non-bargaining unit employees.
It is a catered dinner planned by some managers and some office
staff for all bargaining unit and non-bargaining unit employees
each year. A notice of the date and time of the luncheon is usually
posted at the workplace along with a request for employees to
contact one of the office staff to confirm their attendance. In
January 2016 the union had a lengthy strike lasting approximately 3
months. Subsequently in December management posted notice of the
Christmas luncheon in the usual fashion. In addition, a number of
managers asked a number of employees whether they were planning to
attend the Christmas dinner. Some employees may have been asked by
more than one manager. The dinner went ahead as usual. Following
the dinner, there had been a rumour in the workplace that some
employees had been harassed by co-workers for having attended the
event. Specifically, they were called “suck holes” for having
attended. On December 20, 2016, the Employer posted a notice to
employees in order to address the rumour. The notice said: NOTICE
TO ALL EMPLOYEES Following the Christmas Luncheon last week, there
was an extremely unsettling rumor that some employees had been
harassed by co-workers for attending the event which was hosted by
members of the Employer. This event is intended to express our
appreciation to all of you for your hard work and commitment during
the year. To have it marred by such appalling conduct is extremely
unfortunate. As all employees are aware, any form of harassment in
our workplace is not acceptable and will not be tolerated. It is
the right of every employee to have a workplace free from bullying
and harassment. When such rights are not respected, it must be
dealt with in a firm manner. Therefore, should it come to our
attention that any employee or group of employees was involved in
this or any other form of workplace harassment or bullying,
appropriate disciplinary measures will be taken in accordance with
our policies on Workplace Harassment and Anti-Bullying. For more
information on our workplace policies, please check the website
under the OH&S section or contact Human Resources Management.
Three weeks after the Employer posted its letter, the President of
the Union posted a copy of a letter from him to the General Manager
on the Union’s locked bulletin boards. In it, he alleged that
bargaining unit employees had been harassed by management to compel
them to attend the Christmas dinner. The letter said: January 13,
2017 Attention: General Manager Re: Notice to Employees I write in
relation to the “Notice to Employees” you posted on December 20,
2016. It is extremely irresponsible for you to engage in such
conduct on the basis of what you admit are nothing more than
rumours. It is clear that the Commission had no factual basis for
such allegations, and the Notice merely represents a clumsy attempt
to disrupt the union membership. Furthermore, on behalf of the
members I wish to formally object to the manner in which employees
were harassed by management seeking to compel employees to attend
the Christmas Luncheon. Employees felt pressured and intimidated to
attend although they did not want to be present. If the workplace
is to be free of harassment, management should set an example and
not engage in the very behavior which you claim to be trying to
prevent. Sincerely, Union President On the same day, the Employer
posted a second notice to all employees at the workplace. That
notice said: NOTICE TO ALL EMPLOYEES I refer to the letter of
January 13, 2017, from the Union President, to the General Manager,
that has been posted on the Union bulletin boards. I wish to
clarify the purpose of the December 20, 2016, Notice to Employees.
Under the provincial Occupational Health and Safety legislation,
your employer, has a general duty to safeguard the health, safety
and welfare of employees. This includes addressing any issues of
possible harassment in our workplace. As outlined in the letter of
January 13, 2017, the Union does not support the Employer in its
stand on possible workplace intimidation and bullying and has
chosen instead to publicly criticize our efforts to put an end to
this type of harmful conduct. We remain committed to our position
that any form of harassment in our workplace is not acceptable and
will not be tolerated. It is the right of every employee to have a
workplace free from bullying and harassment. For more information
on the workplace policies, please check the website under the
OH&S section or contact Human Resources. Manager, Human
Resources On January 23, 2017, the General Manager met with the
Union President and discussed his January 13 letter. In particular,
the General Manager gave the Union President ten days to provide
documented proof of the truth of the harassment allegations or to
issue a written public apology to management to be posted on all
Union bulletin boards at the workplace. During the 10 day period,
the Union President refused to provide such proof or a written
apology. By way of a letter dated February 3, 2017, the Employer,
issued the Union President a suspension for one week without pay
for his disrespectful behavior directed towards management,
including his publicly displayed statements, his failure to comply
with the direction of January 23, 2017 and his violation of the
harassment policy. In addition to filing a grievance regarding the
suspension, the Union brought an application to the Labour
Relations Board requesting the following:
1. a. The Board find the actions of the Employer in threatening
and imposing discipline on the Union President and accusing the
Union President of libel, are unfair labour practices in violations
of Section 23(1), 25(1) and 25(2) of the Act; ANS.
b. On January 13, 2017 the employer responded to a letter from
the Union President that was posted in the union bulletin board.
The union alleges this letter is an unfair labour practice.
ANS.
Assume you are the Chairperson of the Labour Relations Board and
have been asked to rule on the union’s submission (a-b). How would
you rule on the union’s application? Please explain your position
in relation to the relevant section of the Labour Relations
Act.
2.Assume that the employer threatened to prohibit the union from
accessing union bulletin boards until the union president issued an
apology, would this be considered an unfair labour practices in
violations of Section 23(1), 25(1) and 25(2) of the Act. Please
explain your position. ANS.