The first grievance started between the union and the company in regard to work schedule shift for the maintenance staff. It is important to note the company and the union had a contract that spelled out the shift schedule that union members have to work. In the face of it, the union grievance was much to make about nothing. Nonetheless, employer and the union had a contract, which they collective bargained on the bylaws. Clearly, the work schedule was one of the items that both side agreed that should not be changed, unless, of course, both side negotiate and agree to modify the contract. The employer clearly violated the union contract when the maintenance schedule was change to a different lunch time as oppose …show more content…
One of the agreements in the contract was that employee transfers to temporary position was suppose to be base on seniority. According to the case, the union and Ridgeway Minerals Corporation were not agree on some of the execution of temporary transfer as conducted under the Collective Bargaining Agreement. This disagreement was based on the seniority provisions. The National Bureau of Economic Research pointed out that seniority plays a major in job movement from category to category whether it is temporary or not. “A review by the BLS of approximately 1,800 major contracts in 1971 (Bulletin no. 1425—11) found that seniority was the "sole" or "primary" determinant of promotions in 37.9 percent of all agreements covering 23.4 percent of all workers.” (NBER, 1986) Some of these terms are not realistic. The employer should have the right to classify its job vacancy; furthermore truck driver duties cannot be perform by an individual who do not meet certain classifications that qualify them to operate a …show more content…
According to the union grievances, Ridgeway Minerals Corporation violated the contract that both parties collectively bargained and agreed upon. Of course, their argument was made abut nothing; it is irrelevant that the change was minor. Second 8 of the Wagner Act states that to bargain collectively is for both side has an obligation to perform the negotiation in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement and other future tenure. The contract clearly stated that any modification to the contract that included modification of work hours. Therefore, the union won the grievance because the employer failed to amend the contract before changing the work