In light of the fact that the use was permitted if the employee had no sick leave available, how were the employees damaged?
Class Member Discussion Topic Responses
Grading Criteria
You are required to respond with depth, breadth and insight to the discussion question(s) as well as one of your class members. Your response to the discussion question(s) must be tied back to the chapter material and outside research is expected. When I ask you to support your answer, you are expected to combine opinion with, minimum 2, citations, insight from your experiences, observations of others experiences, analysis of the facts/information and a conclusion. PLEASE do not limit your citations to just the book! Find other supporting material outside of the class structure. You are also required to answer the question posed by the instructor and class members’. (Please note: The guidance outlined above will contribute to you “meeting the expectations” for the discussion. Additional participation will contribute to a grade that will “exceed the expectations” for the discussion
The combined original reply and two responses are worth up to 20 points per student. The criteria used to determine the point distribution will be:
| Original Reply: | 10 points |
| Initiated Peer Reply (2): | 8 points |
| Uses of sources: | 2 points |
Cite examples, textbook material, or your own supporting material to back up your opinion.
Action: Read the below peer discussion board posts and provide your classmate with feedback on your opinion of their position. Do you agree and why? Do you disagree and why? Replies to your class members’ are intended to move the discussion forward. Telling them that they simply did a good job is not acceptable. Statements like “I feel”, “I believe” and/or “I think” are difficult to measure and, highly, subjective. Asking a question or two about the position they took will move the discussion forward. Replies are 200 word minimum
Peer Reply #1
Case 8-1 : Paid Leaves of Absense
by Karen Rosinski – Wednesday, November 6, 2019, 11:03 PM
The Union claimed that the employees lost a benefit when the company changed the use of compensatory time for illness. In light of the fact that the use was permitted if the employee had no sick leave available, how were the employees damaged? Support your answer.
In this case, the only item that I view as potentially damaging to the employee is that because she was not able to use compensatory time for March 1, she did not receive time and one-half pay (overtime). The collective bargaining agreement states that compensatory time is paid at an overtime rate. Because the supervisor made her use a sick day for her day off on March 1, she did not receive overtime pay.
I feel that the decision was correct and the provision was properly applied to this employee’s day off as it was related to an immediate family member’s illness. Also, the employee did still have sick time available for use. The CBA states that compensatory time is used if no sick time is available.
Past practice was not a controlling factor in this case. “A past practice is any longstanding, frequent practice that is accepted and known by both union and management. Bona fide past practices are considered part of the contract, so grievances can be filed if management violates them. Be sure to check your contract for language that limits their use for grievances. In most cases management cannot end a past practice without first bargaining with the union. In some cases management must wait until contract negotiations to change a past practice.” (Cohen, D., 2008.)
Overall, I do not believe that the employees were damaged in this case. The company had authority to make changes to the use of compensatory time and how it is applied. Furthermore, the management rights clause of the collective bargaining agreement allows the company to make changes in the way it manages the workplace. (Carrell & Heavrin, 2014.)
Peer Reply #2
The Union claimed that the employees lost a benefit when the company changed the use of compensatory time for illness. In light of the fact that the use was permitted if the employee had no sick leave available, how were the employees damaged? Support your answer.
The employees’ rights were infringed upon as the company sought to alter the benefits established as outlined by the collective bargaining agreement. Making alterations to the collective bargaining agreement after negotiations have concluded is not permissible.
The unilateral decision by the company to altered the manner in which compensatory time was used and approved without consent from the union. Utilizing compensatory time in lieu of sick leave was a benefit that the employees enjoyed. Benefits are contractually tied to employment as wages and benefits are decided during collective bargaining agreement negotiations (Landau, 2019). A company cannot unilaterally decide to alter the terms of a collective bargaining agreement without the prior consent of the union (Carrell and Heavrin, 2013). The company removed the employees’ benefit and usage of compensatory time versus sick leave not only without approaching the union of this decision, but also by unilaterally deciding to implement this change arbitrarily.
Additionally, the company nor the supervisors informed the employee of the change to sick leave rather than compensatory time until after the fact. If the employee did not have any remaining sick leave days left, she would have been able to use the compensatory time for her absence and this practice was permissible two weeks prior. However, the employee could still use compensatory time if no sick leave is available. There is no mention of needing approval for compensatory time if it is used in lieu of the lack of sick leave.
Had the employee decided to not divulge that her possible absence the following day would be contingent on her son’s illness, the company and the supervisor would not have questioned her compensatory time listed on her filed time sheet. By divulging her situation and communicating with her supervisor, the employee was negatively impacted. The change to the usage of both sick leave and compensatory pay is damaging to employees as the subtle distinctions are made to determine which provision fits the situation. This encourages the employees to either not communicate with their supervisors or withhold information in fear that they will be negatively impacted if details are divulged.
Class Member Discussion Topic Responses
Grading Criteria
You are required to respond with depth, breadth and insight to the discussion question(s) as well as
one of your class
members. Your response to the discussion question(s) must be tied
back to the chapter material and outside research is
expected. When I ask you to support your answer, you are expected to combine opinion with, minimum 2, citations, insight
from your experiences, observations of others experiences, analysis of the facts/
information and a conclusion.
PLEASE do
not limit your citations to just the book!
Find other supporting material outside of the class structure.
You are also
required to answer the question posed by the instructor and class members’. (Please note: The gu
idance outlined above will
contribute to you “meeting the expectations” for the discussion. Additional participation will contribute to a grade that wil
l
“exceed the expectations” for the discussion
The combined original reply and two responses are worth
up to
20 points per student. The criteria used to
determine the point distribution will be:
Original Reply:
10
points
Initiated Peer
Reply (2):
8
points
Uses of sources:
2 points
Cite examples, textbook material, or your own supporting material to bac
k up your opinion.
Action:
Read the below peer discussion board posts and provide your classmate with feedback on your opinion of their
position. Do you agree and why? Do you disagree and why?
Replies
to your class members’ are intended to move the
discussion forward. Telling them that they simply did a good job is not acceptable. Statements like “I feel”, “I believe” and
/or “I
think” are difficult to measure and, highly, subjective. Asking a question
or two about the position they took will move the
discussion forward
.
Replies are 200 word minimum
Peer Reply #1
Case 8
–
1 : Paid Leaves of Absense
by
Karen Rosinski
–
Wednesday, November 6, 2019, 11:03 PM
The Union claimed that the employees lost a benefit when the company changed the use of compensatory time for
illness. In light of the fact that the use was permitted if the employee had no sick leave available, how were the
employees damaged? Support your
answer.
In this case, the only item that I view as potentially damaging to the employee is that because she was not able to use
compensatory time for March 1, she did not receive time and one
–
half pay (overtime).
The collective bargaining
agreement sta
tes that compensatory time is paid at an overtime rate.
Because the supervisor made her use a sick day
for her day off on March 1, she did not receive overtime pay.
I feel that the decision was correct and the provision was properly applied to this emplo
yee’s day off as it was related to
an immediate family member’s illness.
Also, the employee did still have sick time available for use.
The CBA states that
compensatory time is used if no sick time is available.
Past practice was not a controlling factor
in this case.
“A past practice is any longstanding, frequent practice that is
accepted and known by both union and management. Bona fide past practices are considered part of the contract, so
grievances can be filed if management violates them. Be sure t
o check your contract for language that limits their use for
grievances. In most cases management cannot end a past practice without first bargaining with the union. In some cases
management must wait until contract negotiations to change a past practice.”
(Cohen, D., 2008.)
Class Member Discussion Topic Responses
Grading Criteria
You are required to respond with depth, breadth and insight to the discussion question(s) as well as one of your class
members. Your response to the discussion question(s) must be tied back to the chapter material and outside research is
expected. When I ask you to support your answer, you are expected to combine opinion with, minimum 2, citations, insight
from your experiences, observations of others experiences, analysis of the facts/information and a conclusion. PLEASE do
not limit your citations to just the book! Find other supporting material outside of the class structure. You are also
required to answer the question posed by the instructor and class members’. (Please note: The guidance outlined above will
contribute to you “meeting the expectations” for the discussion. Additional participation will contribute to a grade that will
“exceed the expectations” for the discussion
The combined original reply and two responses are worth up to 20 points per student. The criteria used to
determine the point distribution will be:
Original Reply: 10 points
Initiated Peer Reply (2): 8 points
Uses of sources: 2 points
Cite examples, textbook material, or your own supporting material to back up your opinion.
Action: Read the below peer discussion board posts and provide your classmate with feedback on your opinion of their
position. Do you agree and why? Do you disagree and why? Replies to your class members’ are intended to move the
discussion forward. Telling them that they simply did a good job is not acceptable. Statements like “I feel”, “I believe” and/or “I
think” are difficult to measure and, highly, subjective. Asking a question or two about the position they took will move the
discussion forward. Replies are 200 word minimum
Peer Reply #1
Case 8-1 : Paid Leaves of Absense
by Karen Rosinski – Wednesday, November 6, 2019, 11:03 PM
The Union claimed that the employees lost a benefit when the company changed the use of compensatory time for
illness. In light of the fact that the use was permitted if the employee had no sick leave available, how were the
employees damaged? Support your answer.
In this case, the only item that I view as potentially damaging to the employee is that because she was not able to use
compensatory time for March 1, she did not receive time and one-half pay (overtime). The collective bargaining
agreement states that compensatory time is paid at an overtime rate. Because the supervisor made her use a sick day
for her day off on March 1, she did not receive overtime pay.
I feel that the decision was correct and the provision was properly applied to this employee’s day off as it was related to
an immediate family member’s illness. Also, the employee did still have sick time available for use. The CBA states that
compensatory time is used if no sick time is available.
Past practice was not a controlling factor in this case. “A past practice is any longstanding, frequent practice that is
accepted and known by both union and management. Bona fide past practices are considered part of the contract, so
grievances can be filed if management violates them. Be sure to check your contract for language that limits their use for
grievances. In most cases management cannot end a past practice without first bargaining with the union. In some cases
management must wait until contract negotiations to change a past practice.” (Cohen, D., 2008.)
