Labour Laws - Key Lime Printing - Essay Example

? Labor Laws Labor relations have been a sensitive topic over the years. There is a growing feeling that corporations areseeking to benefit unduly form the exploitation of workers. This, coupled with an improving awareness on the part of workers concerning their rights, has made labor relations a battleground. This is certainly the case with Key Lime Printing. There is a feeling on the part of the workers that they are at best getting a very bad deal from a company that has already been in business for a relatively long time and should be able to do better. As a lawyer, there are a few issues that I shall seek to reinforce. I shall seek to inform the client, Joe Blow, that there is little legal recourse once the matter gets to this point. After all, the Notice of Certification from the labor relations board has already been received. There are three main issues that seem to underline the employees’ decision to unionize. First of all, there is the issue of pay. Pay disputes are always a minimum expectancy when it comes to labor relations. This is where most of the labor unrest that we witness centers around. The next issue lies with dismissal of employees. Fair or unfair dismissal is a contentious issue that cannot be resolved anytime soon. On the part of the dismissed employee, their default position is that the dismissal is always unfair (Cihon & Castagnera, 2010). Finally, there is the whole issue of unionization. I shall seek to show my client his rights and responsibilities as far as unionization of employees is concerned. The first issue deals with income. I shall handle this issue in two parts. The first part shall be with relation to the right amount that each employee should receive. This is an extremely complicated issue. If each one of us were given the option to suggest how much we want to be paid, then we might suggest amounts that are impractical for the profitable conduct of business. We cannot leave this weighty decision to the employers alone either. There is a need for both the employer and the employee to sit down and discuss each of their positions as far as remuneration is concerned. My client does not seem to have done this. Therefore, first step during the anticipated meeting shall be to hear each side’s position in as far as salaries are concerned (Pay and Wages, 2013). The second angle in as far as salaries are concerned is the nature of employment. There is the need to find the right balance between benefits, commissions and salaries. The idea of only paying a commission to the three workers without either salaries or benefits is a very emotive one. Initially, it was thought that being paid on commission motivated the workers to apply themselves fully so that in a way they can ‘determine their own salaries’. This is not the case anymore. Finding business is not guaranteed, yet at the end of the month these employees have bills to pay and other responsibilities to fulfill. This needs to be looked at considering that the leading light in this revolt is an employee who is subject to this draconian employment terms (Pay and Wages, 2013). Dismissal is another issue that needs to be addressed. Arguably, perhaps it is the place where the bitterest battles with regard to employee rights are witnessed. There should be a firm basis for any dismissal that is effected in the workplace. After all, this is a place where people from different backgrounds coalesce to satisfy their needs for employment. Additionally, in such a place one cannot dismiss the effect of culture and background on general conduct and productivity in the workplace. Therefore, dismissal must be looked at with this backdrop in mind. There seems to have been instances where the foreman, Top, dismissed employees. He has no right to do this. This is un-procedural. There needs to be a properly laid procedure through which dismissals are carried out. Only the owner, Blow, should have the power to mete out such punishment. In most cases, dismissal should be the last resort (Arthurs & Carter, 2000). Working hours is another emotive issue. I realized that two employees work on an on-call basis. This is hardly the ideal for anyone. The employees should be given predictable terms of service (Collins, 2010). Working on-call cannot allow them to pursue other means of sustenance because they might receive the call to report for one job when they are already attending to the other The other issue, which is also very important in this case has to do with the employees’ application for bargaining rights. It has to be borne in mind that the application has already been approved and the evidence of that is the certificate. Blow should seek to convince the employees that he shall be ready to listen to them, even outside the unionisable framework that they are keen to work within. However, this is not likely to be convincing since he has already sent a letter to each of them saying in part that he will ‘subsume all of the business and operations of Key Lime Printing’. This is another veiled threat of dismissal. Above everything, I shall seek to reinforce the idea that the employees are within their rights to form a union. Many employers find the idea of a union as adversarial (Unionized Employees, 2013). They think that the employees are somehow trying to usurp their unilateral powers. This should not be the case. Employers should in fact welcome unionization since it brings the best out of them. The workers learn to demand their rights and the employers learn the value of constantly engaging the workers. Research shows that in organizations where labor relations are advanced, there are high chances of high advanced productivity (Unionized Employees, 2013). The power dynamics within this organization should be more symmetrical. Therefore, in my plan of action; there is no provision or suggestion that the workers withdraw their application in favor of the benefits that Blow is set to offer during this meeting. It might look like the natural step to take, but in the long term it will not work out especially for the employer. Joe might be blackmailed with threats of unionization next time the employees make new demands. The most important issue is to sit around a table and seek an agreement on the way forward. However, my client must have in mind that he shall have to make concessions. One of those concessions has to do with terms of service. They should be predictable and also reflect the economic reality both of the company and that of the world outside. Therefore, a pay increase is a distinct possibility. Another possibility is attending to demands of permanent employment from those who are currently employed on an on-call basis. A company that has been in operation can certainly afford to do this (Arthurs & Carter, 2000). It is important to note that the issue of dismissal will also undoubtedly make it to the agenda. The owner has to make it clear that he is the only person to do the hiring and firing in the company. Giving a foreman such sweeping powers might not be good for the reputation of the company. Otherwise, there shall be dismissal on frivolous grounds or even hiring that is informed by nepotism. In conclusion, it is evident that Joe has tough decisions to make. However, he should realize that unionization is not an end in itself but rather a means to an end. Therefore, he should seek to cure the cause; rather than the symptom. He should allow the workers to register their union, but also start listening to them henceforth. With time, there shall be the realization that the union is not meant to tie his hands, but rather to encourage him to come to the bargaining table and make decisions that are for the general good and not those that serve his own interests. My decision not to advise the employer to compel the employees to withdraw the case is also based on the practical assumption that the law cuts both ways (Unionized Employees, 2013). Therefore, I cannot recommend a course of action that breaks the law or impedes on the freedoms of other. References Arthurs, H., & Carter, D. (2000). Labor law and industrial relations in Canada. London, UK: Butterworth’s Publishers. Cihon, P. J., & Castagnera, J. O. (2010). Employment & labor law. Chula Vista, CA: South-Western College/West. Collins, H. (2010). Employment law. London, UK: Oxford University Press. Pay and Wages. (2013). Labour and advanced education. Retrieved from http://gov.ns.ca/lae/employmentrights/pay.asp Unionized Employees. (2013). Labour and advanced education. Retrieved from http://www.gov.ns.ca/lae/employmentrights/unionemployees.asp Read More