HRM4010 Labour Relations And Collective Agreements Assignment-Australia.

Introduction and Purpose:
The purpose of this bargaining simulation is to let students experience some of the dynamics of collective bargaining. The exercise will help students develop an understanding of the importance of the interactions of a negotiating team, the issues they might encounter while working together, and the process of developing a negotiating strategy. Through the bargaining simulation itself, students will develop an understanding of the problems often faced by negotiating teams as they strive to resolve
their differences and come to an agreement that will satisfy both sides.
HRM4010 Labour Relations And Collective Agreements Assignment-Australia.

HRM4010 Labour Relations And Collective Agreements Assignment-Australia.

For this exercise, the class will be divided into teams, each representing either the union or management. Each team has access to the same information about the company, Clean Right Partners Inc. and the collective agreement between the company and Local 254 of the Allied Service Union Canada.

NOTE: For the purposes of this simulation, the collective agreement in Appendix C of the e-text between Clean Right Partners Inc. and Allied Service Union Canada Local#254 should be updated to read that it runs
from February 1, 2018 to January 31, 2021. The hourly wage rates in the current Article 11 should reflect wages as of Feb. 1, 2018, Feb. 1, 2019 and Feb. 1, 2020.

Given time constraints, it is only possible to negotiate a limited number of contract issues, rather than the entire collective agreement. Issues to be negotiated will be provided to each union and management team in a separate, confidential document that will form the basis of each side’s bargaining agenda.

Step 1 – Preparation:
Nothing is achieved in labour relations without considerable preparation and this stage is essential for success in bargaining. Collective bargaining demands attention to detail before, during and after actual negotiations.

Your team should review the background information and the negotiation issues. You should not add other issues to be negotiated. Make sure that you understand all the information and issues presented. You should review the company information as well as the collective agreement articles in the e-text that will form the basis from which you will be negotiating.

Step 2 – Pre-Bargaining Strategy:
Once your team has fully reviewed the background information and understands the bargaining issues, work can begin on developing the team’s bargaining strategy. For this step, teams must:

  • Discuss an overall bargaining strategy
  • Prioritize each issue in order of importance to the overall strategy
  • Clarify your objectives on each issue, and develop for each issue:
    a) your team’s initial/opening position
    b) your team’s target position
    c) your team’s resistance point
  • Prepare and present your bargaining objectives in the Bargaining Strategy Paper (Appendix A). The Paper will document your team’s overall bargaining priorities, the initial, target and resistance points for each issue as well as the rationale for each bargaining issue. The rationale should provide a clear, well thought-out and detailed analysis of your team’s bargaining objectives and should demonstrate a logical progression of positions taken for each issue.
  • Plan any other tactics or bargaining strategies your team will use in negotiations.
  • Determine the roles to be taken by team members. Select one person to be the spokesperson for the group or you may want to have team members act as the spokesperson on a specific issue or play some other role in the strategy and tactics of the team. Having clear roles and responsibilities avoids confusion and in stills a measure of discipline on the bargaining team. If you need to raise a point during negotiations with the spokesperson, write a note or ask for a caucus.

Step 3
a) Bargaining Simulation – 8:00 a.m. – 11:00 a.m., Tuesday, March 30, 2021 –
(Attendance Mandatory)

Upon meeting, it is important to set the stage and tone for bargaining. This includes discussing and setting ground rules for bargaining and the exchange of proposals and your explanations for each issue.

Note: In addition to handing in the Bargaining Strategy Paper at the start of bargaining, your team should prepare and make available to the other team your team’s INITIAL bargaining position for each issue to facilitate the discussion at the start of negotiations where you will also provide an explanation of your initial positions.

You will have the entire class time to negotiate and attempt to arrive at a settlement by the end of the time available. Use your time wisely. Remember that your team is allowed to call a caucus at any point.

A strike/lock-out deadline for the negotiations is set for 11 a.m. on Tuesday, March 30, 2021 This may not be extended.

By this deadline, you must submit the terms of the agreement on the Memorandum of Settlement (Appendix B) to your professor, using precise and complete language that reflects what was agreed to. The Memorandum that is jointly developed and agreed to by both union and management teams should be reviewed by each member of the two teams to ensure it properly reflects what was agreed to. Each team member of union and
management should get a copy of the tentative agreement. In addition, someone from the union or management must forward the Memorandum of Settlement to your professor by the 11 a.m. deadline. While the Memorandum would normally be signed off by the members of both teams, given that bargaining is online, naming one representative for each team will be acceptable

If you are in a strike or lock-out position, you must advise your professor of this by the deadline for negotiations.

HRM4010 Labour Relations And Collective Agreements Assignment-Australia.

HRM4010 Labour Relations And Collective Agreements Assignment-Australia.

Step 5 – Bargaining Review – Analysis of Outcomes Paper (Appendix C)
When bargaining is completed, individual teams meet to evaluate the process and results and prepare a five to six (5 – 6) page Analysis of Outcomes paper. The Analysis of Outcomes paper is due at 8:30 a.m. Tuesday, April 6, 2021.

Strike/Lockout Teams
Teams failing to turn in an agreement signed by both teams by the deadline will be asked to submit an additional two-page paper explaining to their side (senior management or union membership as the case may be) why a strike/lock-out occurred, their strategy (if any) in going on strike or responding to a lock-out (union) or taking a strike or creating a lock-out (management) and the implications of the strike/lock-out. Teams will still
submit an Analysis of Outcomes essay, but this essay will now be based on final positions before the work stoppage or, if available, agreement on issues reached prior to the stoppage. Along with the Analysis of Outcomes, the additional two-page paper is due at 8:30 a.m. Tuesday, April 6, 2021.

(i) Bargaining Strategy Paper (10 marks) – Note the rubric in Appendix D.

Overall quality of the bargaining objectives:

Are they realistic, well thought out and clearly written? Is there a logical progression from initial to target to resistance points? Are the positions taken well supported by the rationale provided for each issue? Is there a well-developed overall strategy? Does any priority you have determined for an issue reflect the objectives of your stakeholders?

(ii) Memorandum of Settlement (2 marks) – Note the rubric in Appendix E.
Teams will be graded on the completeness and quality of the wording of the settlement. There should not be ambiguities in the writing that would cause the parties to misunderstand the agreement in the future. For example, when does the year start and end? Do you mean calendar days or working days?

(iii) Analysis of Outcomes Paper (8 marks) – Note the rubric in Appendix F.
The paper is to be five to six (5-6) pages in length, double-spaced, with a 12-point font. The Analysis includes:

a) Assessment of the wording of the Memorandum of Settlement
Analyze the wording for each issue in the Memorandum of Settlement. Is the settlement language clear, complete and unambiguous? Is there wording that could cause the parties to misunderstand or interpret the agreement differently? Now that you have an opportunity to look at the language that has been drafted, are there any issues with it or anything that you would have worded differently?

HRM4010 Labour Relations And Collective Agreements Assignment-Australia.

HRM4010 Labour Relations And Collective Agreements Assignment-Australia.

b) Analysis and assessment of each issue in the Memorandum of Settlement
Undertake a critical assessment of the impact of the settlement of each issue. What is the impact of the terms you have negotiated for each issue for you as either management or union? How will what you negotiated affect the group you represent positively and in what way(s) potentially less positively? Any concerns about the bargaining unit ratifying the tentative agreement?

Presentation of lessons learned
Present the lessons learned from the exercise and what the team would do differently, based on your actual experience, given another opportunity.

NOTE: The paper should not be a reiteration of what happened at the bargaining table. Instead, it should be an objective assessment of your team’s bargaining strategy,the results achieved and the impact and implication of the contract terms on the group you represent.

Additional 2-page essay for Teams on Strike or Lockout
Teams on strike or lockout will have to write an additional two (2) page letter explaining the reason for the impasse to their natural constituency: the union team will write a letter to the membership, the management team will write a letter to the company President and Board of Directors. This letter will substitute for any issue not agreed to in the Memorandum of Settlement. The letter will be graded according to the professionalism, clear communication, and ability to articulate an explanation for the failure at the bargaining table.

A penalty will be applied for teams that arrive late for the bargaining session or who arrive unprepared to hand in the Bargaining Strategy Paper or copies of their initial bargaining positions to the team they are bargaining with.

HRM4010 Labour Relations And Collective Agreements Assignment-Australia.

HRM4010 Labour Relations And Collective Agreements Assignment-Australia.

A penalty will be applied to individuals who fail to attend the bargaining simulation. If there is any issue regarding attendance, the professor must be notified in advance to discuss any extenuating circumstances or documentation that may be required regarding the absence.

A penalty of 10% per day will be applied for late papers.

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