Employee Labor Relations and Subcontracting

The assignment content discusses employee labor relations, including the management's right to subcontract and its implications on the union members' recognition clause. It also touches on disciplinary actions, strikes, and the legality of termination of employees. The discussion highlights the need for a balanced approach in labor-management relationships, with fair treatment and just cause for disciplinary actions.

Running head: Employee Labor Relations 1
Employee Labor Relations

Employee Labor Relations 2
Part C
Answer 1
The management’s right to subcontract has been the subject of a number of
grievances by the union arbitrators. The parties to whom any sub-contract is made do not
belong to the union group, instead they follow the policies, regulations, framework that are
initiated by the company to them (Sabitu Oyegoke, 2001). The sub-contracting has emerged
as an alternative solution for the management. Identifying the Recognition Clause in a labor
agreement, the union members feel that they are sole bargaining agent who would not be
removed from their work at all. On the other hand, the management feels that the Recognition
Clause describes the unit of employees and not the work which may have done by them. In
addition to this, the management also believes in exploring all the efficiency related measures
which also includes subcontracting.
Answer 2
Generally, the disciplinary actions are majorly of 2 types, one is Performance -
oriented and the other is Behavior-Oriented. According to the point of view of the scholar
Parker (2007), when a staff exhibits misconduct at office or place of work such as illegal or
unethical behavior, which as a result spoils the decorum of the workplace is categorized as
behavior-oriented disciplinary action. On the other hand, when an employee exhibit
misconduct in their performance, which hampers the productivity, it is categorized as
performance oriented disciplinary action. The domain of the labor relation exists in a
dynamic environment and the action of the employees affect the labor-management
relationship as well when it comes to taking disciplinary action based on just cause, which is
equal for all.
Part D
Answer 1
Strikes takes place due to conflicts that arises between labour unions and the
management of an organization. According to the point of view of the scholar Parker (2007),
most strikes are made by labour unions during collective bargaining or negotiations, which is
also regarded as their last resort. The primary objective of strikes during negotiations,
particularly during collective bargaining is for the employers as well as the union to come to
an agreement, generally which involves issues such as working conditions, wages, employees

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benefits. These are the reasons behind the collective bargaining which hampers the
productivity as well as the performance of the workforce. The legality of the strikes is
determined for the cause for which it is called. In the present case, calling for the strike was
legal for the reason that the fight was for the renewal of their contract which is generally a
legal fight.
Answer 2
The 10-strike replacement make arguments that their termination was not at all legal.
They were being appointed in place of those employees who went on strike and it was the
decision of the company to hire them by replacing those existing employees. Therefore, it
was the responsibility of the management of the company to either make a contract of such
clause beforehand or abide by their legal and ethical employee policy. In the present case, the
Union must represent the 10-strike replacement as it is a matter of disciplinary action and
unethical employment policy, working condition. The grievances of the 10-strike
replacements are permitted because it was a illegal termination done by he management on
the return of the existing employees back to work. This is as well disciplinary action against
the management and not the employees. They will be permitted to present their point of
views before the arbitral community. In addition to this, they must be compensated in due of
their termination. This in turn will also affect the image and reputation of the organization in
the market in case the management terminates the 10-strike replacements without any
compensation or agreement being made beforehand.
The Ironsteel’s argument in rebuttal must be as follows:
The new employees were hired in place of the existing employees when they went on strike.
They were hired at entry level classifications of the company. Therefore, the employers have
the right to terminate them based on the code of ethics and as per the employee manual, it
states that the company has the right to take disciplinary action and terminate any employee
in case their work is not able to sustain the productivity levels. Thus, we can terminate the
said employees as we have got back our existing employees who are expertise and superior in
their work field.

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References
Parker, S. (2007). `That is my job'. Human Relations, 60 (3), 403-434. doi:
10.1177/0018726707076684
Sabitu Oyegoke, A. (2001). UK and US construction management contracting procedures and
practices: a comparative study. Engineering, Construction And Architectural
Management, 8(5/6), 403-417. doi: 10.1108/eb021200