Can you, please, assist me with this case analysis/ Thank you.

Union Recognition clause

Company’s proposal = The company recognizes the Union as the sole and exclusive bargaining representative of all production, maintenance, and product control employees in the New York facilities. This excludes office and clerical employees, technical employees, sales staff, professionals, and security staff. Supervisors, as defined by the National Labor Relations Act, are also excluded.

Union’s proposal = Remove “New York” from the company’s paragraph.

Management Right’s clause

Company’s proposal = The Union recognizes that management has full and sole rights to direct the workforce, including the right to hire, transfer, discipline, suspend or discharge employees. It includes the right to determine working hours, to assign overtime, to modify jobs, and to transfer work to any other company location or to subcontract work.

Union’s proposal = The Union recognizes that management has full and sole rights to direct the workforce, including the right to hire, transfer, discipline, suspend or discharge employees. It includes the right to determine working hours, to assign overtime, and to modify jobs. Exercising these management rights cannot violate any other term of this contract.

The union also proposes to add this provision in the contract: Reassignment of Work

Work that is transferred to any other company location or subcontracted must be offered first to the New York employees. If the first-refusal offer is not made, the company will pay both the NY employees and the workers who perform the work for the time. If the NY employees decline the offer, no penalty will apply.

Company’s proposal = Employees will pay 20% of their health care premiums in the second and third years of the contract.

Union’s proposal = The company will pay 100% of the health care premiums in all years of the contract.

 

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