OL 318 Module Five Discussion: CBA Example—Employee Wages and Benefits

For use in Task 5-1, Discussion Topic: Collective Bargaining—Employee Wages and Benefits, in preparation for Final Project Milestone Two.

The following Collective Bargaining Agreement Example is provided as a starting point for the development of a more detailed section that would eliminate confusion and conflict surrounding the specific issues of employee protective clothing, equipment, and tools.

From the standpoint of management:

Overtime has been abused in the past; employees would work slowly during the day to ensure plenty of work after hours.

We should all be a team and work together to get the extra tasks completed, regardless of who is doing the actual work; the budget limits how much overtime we can give out so sometimes the supervisors need to help get the job done.

No matter how we divide up overtime, there are always complaints from the workers.

From the standpoint of the union:

Management shows favoritism and selectively chooses certain employees to get overtime.

Management takes away the overtime of workers when they get out there and start doing our jobs; we were hired to do a job and management keeps taking away our rights to overtime.

Questions that need to be answered in the discussion forum:

Should a supervisor (management) be allowed to work alongside an employee covered by the CBA and thereby minimize or eliminate the opportunity for employees to earn overtime?

Specifically, how should the overtime be distributed to ensure it is done in a fair and equitable manner?

If an overtime list is created, how should it be managed since there are certain workers qualified for some tasks but not others? Should there be several task specific lists created, or an overall shop list?

How does seniority play a role in how overtime is scheduled?

ARTICLE 37

OVERTIME

A. The Employer agrees to an equitable distribution of overtime. Overtime will be assigned for accomplishment to those employees in an organizational unit where the overtime has become necessary and who would normally perform such work during a regular duty assignment. Overtime is the sole responsibility of the organization supervisor. The Employer will not be restrained from giving consideration to matters of health and differences in individual productivity where supervision is either restricted or absent, special skills, requirements and continuity of work.

B. The Employer agrees that unless it gives written notice, neither it nor any function will unilaterally take or permit action that will arbitrarily extend the normal workday without paying overtime or compensatory time, as applicable.

C. The Employer agrees to give first consideration to bargaining unit employees in the assignment of overtime before assigning such duties to non-unit employees. Such consideration will include health and safety factors, budget constraints, and employee qualifications.

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