Solution for Labor Relations and Collective Bargaining: Private and Public Sectors 10th Edition Chapter 8, Problem 1

by Michael R. Carrell, Christina Heavrin, J.D.
475 Solutions 13 Chapters 57244 Studied ISBN: 9780132730013 Supply Chain Management 5 (1)

Chapter 8, Problem Case_Study_8.1_Questions_for_Discussion 1 : Case Study 8.1: Paid Leave of Absence ...

Case Study 8.1: Paid Leave of Absence


The arbitrator ruled in the union’s favor. She found the past practice testimony to be credible. Under prior arbitration decisions, if the past practice establishes a “benefit” it is very unusual to allow the employer to point to a management rights clause as the basis for a unilateral change. The arbitrator noted that while the company had argued that the sick leave provision required the use of sick leave for illnesses, there was no attempt by the company to require the employee to use a sick day for the March 1 absence for which the employee used a vacation day.

Questions for Discussion

1.The union claimed the employees lost a benefit when the company changed the use of compensatory time for illness. As the use was permitted if the employee had no sick leave available, how were the employees damaged?


Step-By-Step Solution

1 Answer 1. The employees were not damaged because if they had accrued sick leave, they would be paid while on sick leave; and if they did not, then the supervisor could approve the use of compensatory time.

Answer 2. Under the change initiated by the company, the use of compensatory time for illness, when sick leave was not available, was at the discretion of the supervisor and not “of right,” a benefit the employees felt they had under the past practice argument.


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