Detailed Collective Bargaining Report: Diamond Casino and Gaming Union

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This report provides a detailed analysis of the collective bargaining process at Diamond Casino, focusing on the negotiation logs, costing of proposals, and strategic importance of the issues discussed between the management and the Gaming Employees Union. The report outlines the objectives of collective bargaining, the key tasks of the meetings, and the positions of both the union and the employer on critical issues such as hourly wages, absenteeism, employee termination, and maternity leave. It includes an overview of the bargaining zone limits, team strategies, and initial offers, along with the target and resistance points of the negotiating parties. The document also presents the proposed changes to the collective agreement, along with the rationale behind the strategic importance of these issues to the team.
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Running head: COLLECTIVE BARGAINING
1
Collective Bargaining
Name:
Institution:
Date:
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COLLECTIVE BARGAINING
Introduction -Collective Bargaining & Dispute Resolution
The main objective of the collective bargaining and dispute resolution is to regulate the
economic, social and labor related issues for the employees of Diamond Casino through the
labor union. Its aim is to coordinate the interests of both the workers and employees therefore
ensuring a sustainable working relationship and development of employees’ interest. The
labor union comprises of all the employees of the casino who are around 400 in number but
the casino through its management wants to contract out certain functions such as security
(Barhate, 2016)..
1. Negotiation Logs
Day 1-Minutes
Diamond Casino Employee & Labor Union Meeting
Held On- 29/2/2020
Employees Present
1. Michael Tuff-Aznailles- President
2. Monica DE Clark- Vice president
3. Daniel Birmingham
Members Not Present
Peter Hofstadter
Approval of Minutes
Mission : to approve previous minutes held on 19/2/2020
To carry on the business of the day
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COLLECTIVE BARGAINING
Business
The main tasks of the meeting are:
- Consideration of proposals of the parties and their agreement between the parties;
- Collective bargaining, project preparation and conclusion of a Labor union agreement;
- Consideration of the implementation of the Agreement and summing up the results of its
implementation;
- Promoting the development of social partnership in the Casino;
- making proposals to state authorities, local authorities of municipalities of the Diamond
Casino Contractual out on the adoption in the prescribed manner of regulatory legal acts in
the field of social and labor and related economic relations (Beck, 2018).
- Coordination of the positions of the casino in the main areas of socio-economic policy
- Development and implementation of measures to prevent, facilitate the resolution of
collective labor disputes and conflicts in Diamond Casino and the Employees
- Dissemination of experience of social partnership, informing the employees about salary
negotiations
- Development of a draft agreement on the minimum wage in and conclusion of this
agreement in the manner prescribed by federal law;
Meeting adjourned by Peter Hofstadter at 11;30 AM.
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COLLECTIVE BARGAINING
Day 2-Minutes
Diamond Casino Employee & Labor Union Meeting
Held On- 29/2/2020
Employees Present
1. Michael Tuff-Aznailles- President
2. Monica DE Clark- Vice president
3. Elizabeth McIntyre
4. Daniel Birmingham
Members Not Present
1. July Sykes
Approval of Minutes
Mission : to approve previous minutes held on 19/2/2020
To carry on the business of the day
Business
- participation in consultations with representatives of employers and the elected body of the
primary trade union organization uniting the workers of this employer who refused to join the
minimum wage agreement in entertainment industry like Casino
- Participation in informing employers about the procedure for preparing proposals on the
need to attract other workers without outsourcing
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COLLECTIVE BARGAINING
- Participation in the formation and work of the interdepartmental commission on the
attraction and use of other workers. One of the main documents of the work of the Labor
union Commission is the conclusion and implementation of the Labor union Agreement
between the state authorities of the Casino and the labor unions (De Bruyn, & Sotshononda,
2017).The Labor union Agreement concluded for the period is currently in effect.
The aim of the Labor union Agreement is to pursue a socio-economic policy aimed at
creating conditions ensuring a decent life and free development of a person, improving the
quality of life of workers and their families, ensuring universal accessibility and quality of
basic social services. In accordance with the concluded Labor union Agreement, the parties to
the Labor union determined the priority areas of interaction and mutual obligations:
- in the field of economic policy;
- in the field of employment and labor market development;
- in the field of remuneration;
- in the field of pension provision;
- in the field of labor protection;
- in the field of development of social partnership and interaction of the parties to the
Agreement. At meetings of the Labor union, the results of the implementation of the Labor
union Agreement are summarized.
The Labor union , on the basis of the authority granted by the Labor Code of Canada and
with the aim of improving the living standards of the population, establishes the Labor union
Agreement “On the Minimum Wage in the Diamond Disco club.
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COLLECTIVE BARGAINING
Currently, the minimum wage is set at the rate equal to the minimum wage established by the
law, applying to it a regional coefficient and a percentage bonus to wages for work
experience in the industry and equivalent areas, but not lower than the cost of living.
Meeting adjourned by Elizabeth McIntyre at 11;30 AM.
2. Costing of proposals and counterproposals that are key to bargaining
Its main goal is to protect the rights of employees, as well as solve the problem for those
people who are part-time workers. The minimum hourly wage rate is determined by the Law
on the State Budget of Canada for 2017 to 2019. $17.75 per hour of work, from July should
be increased by an average of $2 each. For union employees demand is that as from 2019, the
hourly minimum wage will be calculated based on the minimum monthly wage and the
number of working hours in it. The basis for calculating the minimum hourly wage will be
the minimum monthly. But employers cannot do without coordination with trade unions.
Such agreement is laid down in the decision itself.
As trade union representatives explained, it was they who insisted on writing the
following in the document: increasing the minimum wage on an hourly basis is not a basis for
increasing production standards per hour of work, and setting an hourly wage is not a reason
for reducing the length of working time, which could be used by the employer with the so-
called purpose of saving. But hired workers should not expect salary increases with the
introduction of hourly wages. Moreover, the implementation of trade agreements can help
increase wages and social security of the worker. The fact is that with the introduction of
hourly wages, the employer has the opportunity to evade the currently mandatory payment of
the difference in the actual cost of living stipulated in the employers Budget and significantly
lower than the current minimum wage.
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A) The unions position
Hourly pay is a special case of a time-based form of pay. It is appropriate in cases where it is
difficult to standardize the work of an employee. Exist:
1) simple hourly wage (fixed cost per hour, regardless of the result);
2) hourly payment with a bonus for the result while
3) hourly payment with a standardized task.
Actually, now in Canada there are workers who receive wages “for hours”. At the
same time, this resolution (on increase of hourly wages). They will no longer pay attention to
part-time work, because it’s enough to hire a person for a couple of hours and he will be
considered busy rather than unemployed. Thus, the unemployment problem will be "solved" -
this is a direct way to increase hidden unemployment. This innovation opens up
opportunities for increasing the rate of exploitation of labor and increasing the intensity of the
use of the labor potential of workers employed hourly. For the employer, this decision does
not establish a methodology for calculating the size of hourly wages, but merely provides an
elementary mechanism for determining it by dividing the minimum monthly wage by the
established number of working hours (Forsyth, 2018).
B) Employers Position
Despite statements about increasing the protection of workers, in fact, according to employers
at Diamond Casino everything is not so clear: Yes, the employer will not be able to lower the
payment below standard rate per hour. But in the current instability in the labor market, when
the demand for work significantly exceeds supply, such an innovation can provoke pressure
on workers from employers to transfer them to hourly pay, reducing the amount of working
time. "
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COLLECTIVE BARGAINING
Now imagine that an employee who has been paid $10 can be deducted to the Pension Fund
and for social insurance? As a result, we are replicating poverty among workers. Today this is
already quite a large-scale phenomenon, but it can become even more widespread.
Talk about increasing hourly wages has been going on for a long time. Everyone sees this
as their benefit. Employers see this as an opportunity to introduce flexible employment and
withdraw obligations. When, taking into account the real load, you will divide not by 40
hours a week, but, say, by 36 hours, then after that you will say that the teacher today
receives more than the official.
Employers holds a very tough stance regarding hourly wages: hourly wages can only be
talked about under conditions of guaranteed normal working hours. The use of hourly wages
worsens the situation of people working part-time. This primarily affects those who are
forced to work part-time due to downtime due to the fault of the employer. In the second -
disabled people, minors, pregnant women, mothers with children under the age of three years,
workers employed in jobs in harmful and dangerous conditions.
3. Summary of your team’s bargaining zone limits and team strategies for demands
you
5 bargaining items presented by labor union
1. Increase in hourly wages for every category of employees- this is to cushion them
against a high cost of living and the fact that most of this employees frequently lose
their work/employment.
2. Absenteeism and turnover.- for the union, they want employees to be given notices
with ample days. A three day notice to travel to 2000 miles back and forth is too
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COLLECTIVE BARGAINING
small. The employee union position is to increase the number of days given and to
this would reduce the turnover.
3. Probationary employees- for probationary employees, the union wants an in-depth
and a thorough investigation on the reason why the employee contract is being
terminated. Some of the reasons do not meet the threshold required for employee
suspension from duty.
4. Work done by management- the union is concerned that the management is using
supervisors in wrongly allocation or allocating smaller employees in certain shifts.
The union is concerned that some employees in some shifts are being overworked and
this poses a serious problem.
5. Meals and maternity leave. For the meals, both parties, the management and the union
hold different positions. The union wants more discount on meals up to an average of
$4.50 while for maternity, the union wants an increase in the maternity period (Gely,
2016)..
The teams bargaining zone limits
For the teams bargaining zone limits, they propose that unit work should have an 8
hour shift with a break for lunch which is 30-minutes. For a full time employee, the annual
number of hours worked for are 1950. This means that he works for 7.5 hours per day for 5
days a week. The total number of weeks per year are 52 weeks. This brings an annual of 1950
annual paid hours.
Number of employees Number of hours worked Annually
Total number of unionized employees 360 7.5 1950 hrs
Management staff 36
Union members 4
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COLLECTIVE BARGAINING
Total number of employees 400
For these five presented proposed changes to the collective agreement
a) Why this issue was of strategic importance of the issue to your team;
This is because most of the employee working in different shifts were being worked more or
less depending on the shift they are in. the second reason was termination and probation
given by management. The third reason was turnover and absenteeism due to the number of
days and notifications given (Katz,., Kochan, & Colvin, 2017).
b) Initial offer on the position
The initial offer is that the union want employees to be given notices with ample days,
increase the number of notice given by the management to prevent absenteeism and turnover
and maternity should be improved.
c) Your target point (in terms of where you hoped to end up);
Dissemination of experience of social partnership, informing the employees about salary
negotiations.
d) Your resistance point and why this point was set at its stated level
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COLLECTIVE BARGAINING
The aim of the Labor union Agreement is to pursue a socio-economic policy aimed at
creating conditions ensuring a decent life and free development of a person, improving the
quality of life of workers and their families, ensuring universal accessibility and quality of
basic social services (Yang, & Chen, 2019).
d) Was the agreement reached?
Yes, the agreement was reached on various aspects including; hourly wages, shifts worked
for, contract workers and meals & maternity agreements.
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COLLECTIVE BARGAINING
References
Barhate, S. S. (2016). Industrial disputes and the alternate dispute resolution system under the
industrial disputes act 1947 a critical study.
Beck, A. (2018). The Case for Dialogue and Dispute Resolution in the Future@ Work. LERA
For Libraries, 22(1).
De Bruyn, A. J., & Sotshononda, N. (2017). Harnessing dispute resolution in a metropolitan
bargaining council of South Africa. African Journal of Public Affairs, 9(8), 135-150.
Forsyth, A. (2018). Faculty Collective Bargaining in Australia. Journal of Collective
Bargaining in the Academy, (13), 44.
Gely, R. (2016). Collective Bargaining and Dispute System Design. U. St. Thomas LJ, 13,
218.
Katz, H. C., Kochan, T. A., & Colvin, A. J. (2017). An introduction to US collective
bargaining and labor relations. Cornell University Press.
Yang, X., & Chen, F. (2019). Seeking solutions: how local governments handle collective
labour disputes. In Handbook on Urban Development in China. Edward Elgar
Publishing.
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