Diamond Casino Case study

Part A Collective Agreement Analysis

Part 1 Changes to the current contract terms.

Article Union Changes Management Change

Article 3.01 provides that the employer The union proposes an

has the right to make and alter from additional provision to this
time to time, reasonable rules, article requiring the employer
regulations and policies to be observed to conduct consultations with
by the employees. Such rules, employees before making any
regulation and policies shall not be changes on the rules,
inconsistent with the provisions of this regulations and policies.
agreement.
Article 5.02 provides that an employee A proposal by the Union
who has disciplinary record placed in towards this provision is to
their personnel file may request in reduce the period in which the
writing the removal of the record if 36 employee may request the
months have passed since the removal of the disciplinary
disciplinary record was issued and no record to 24 months.
other subsequent disciplinary records
have been issued.
Article 09.01 provides that there will be Provides that there will be no
no strikes and lockouts during the term strikes and lockouts during the
of this agreement. term of this agreement unless
there is a breaching the
agreement.
Article 10.04 provides that if two or Provides that the order of
more employees have the same start seniority should not be
date, the order of their seniority shall be determined by their birth dates.
determined by their birth dates. The It should be determined by their
older employee shall be deemed to experience and their work
have the most seniority. skills.
Article 11.04 requires that newly hired The employers feel that three
employees be on a trial period for three months is too long a time
months after which their employment especially when the performance
shall become permanent and upon of the employees is not
satisfactory performance. For performing. The employer argues
employees in new positions, they shall that maintaining poor
be returned to their previous posts if performance for three months
they do not perform while new could be unsustainable, and want
employees can be released (fired) in this reduced to 10 weeks.
case they do not perform.
Article 12.02 provides that the The Union considers with
employer shall lay off employees in provision as a discriminative to
reverse order of seniority junior to employees and
proposes layoffs be pegged on
poor performance and
indiscipline.
Article 14.02 provides that employees Provides that employer should
need to purchase the uniforms with give them the uniform for free
equivalent to the cost incurred by and that should not be deduct
employer and that will be deducted from the payroll.
form payroll.
Article 15.04 requires that when an The management wants to reserve
employee works on a statutory holiday, he the mandate of deciding who works
or she can take a day off later upon making on holidays and how this will be
an agreement with the immediate compensated by a day off within
supervisor. seven days.
Article 16.01 – This article makes some The employer feels a need to clarify
clarifications regarding the statutory that double pay is only when the
holidays. It further states that an employee employees does not take a day off –
who works on a statutory holiday to be which must be agreed upon between
paid double the regular daily rate. the employee and supervisor. If the
employee takes a day off, he or she
takes the regular daily rates plus a
$15-dollar allowance.
Article 17.01 provides that employees The Union proposes extension
shall be entitled to two days paid leave of the leave to seven days for
upon the death of a member of their employees who are bereaved.
immediate family member.
Article 20.02 provides that personal This provision is retrogressive.
leaves of absence are only available to The Union proposes a provision
employees who have completed one to have employees who have
year of service. served for at least 6 months to
be entitled to personal leaves of
absence. New employees will
also get time for personal
reflection.
Article 21.01 provides that each The Union proposes an increase
calendar year, an Employee shall be in number of special leave days.
entitled to four special leave days 4 days is a short period to
without loss of pay, as either family employees who have health
leave or pressing necessity leave. issues.
Article 22.01 says that the employers can The employer thinks it is
consider an employee convicted of an unsustainable to allow a period of 12
offense under the criminal code and who consecutive months as a leave. The
has not returned to work for 12 consecutive employer wants 3 consecutive
months to be treated as if he or she was on months after which the employment
a leave of absence without pay or benefits. contract expires
Article 24.04 provides that Employees Provides that Employees will
will be off at least 11 hours between be off at least 14 hours between
shifts. shifts.
Part 2 New Contract terms.
The union wants a provision relating to Meals and Discounts added to the agreement.
This term will provide that All employees shall receive a fifty percent (50%) discount
on food orders for their personal consumption, in the Casino restaurant.

The employer wants a provision relating to Employee Availability added to the agreement.
This term will provide that All regular employees must establish their availability with the
Department Manager at the time of hire or at the time the employee converts from full-
time to part-time or vice versa.