Assignment 4 In Assignment 4, you are expected to analyze and form a number of conclusions on a case in which collective bargaining rights are tested, as they are so often, by an industrial dispute. Read the following case study, and study the questions that appear at the end of the case. Then, combine your answers to these questions in an essay that does not exceed 1,000 to 1,200 words. Once you have successfully completed and submitted your assignment, you are welcome to contact your Academic Expert to find out what happened next in the case. A Note on this Case This case is summarized from an actual complaint to the Alberta Labour Relations Board, UFCW 1118 v. AirtexManufacturing Partnership [1991] Alta. L.R.B.R. 783. The names of the complainants and the respondents have not been changed, but some facts and descriptions have been modified for economy sake. Reading the Alberta Board’s award is unlikely to help you complete this assignment. Legislation in Alberta has changed and you may well be covered by different legislation. And labour relations boards can also be wrong! The Case in Brief The employer (Airtex) has commenced a lawful lockout of its employees before the bargaining agent (the union) was able to commence a lawful strike. Airtex has announced that it will lift the lockout after one day and employees are expected to return to work under interim working conditions. It has threatened dismissal for employees who do not return to work under the interim conditions. The interim conditions have been set out in a detailed booklet resembling a collective agreement. The interim conditions, however, omit all references to the union embodied in the employer’s proposal:: the recognition clause, union security clause, grievance procedure, non-discrimination clause, and provisions for union communication with employees. The union has complained that, among other things, Airtex has violated its duty to bargain in good faith, has interfered with the union’s representation of employees, and has refused to employ employees because they are exercising their rights under the Labour Relations Code. The issue Under provincial labour relations legislation, what are the respective rights and duties of employees, the union, and the employer as they work through the lockout and agreement? The Case in Detail For purposes of this case, assume that the date is December 12, 1993. Airtex Manufacturing Partnership makes air conditioning equipment under the name Engineered Air. United Food and Commercial Workers Local 1118 (the union) represents Engineer Air's plant employees. The union has taken over as bargaining agent from an employee association recently following a contentious certification. The union and Engineered Air are now negotiating towards a new collective agreement. On Dec. 2, the company gave the union the following notice of lockout: NOTICE OF LOCKOUT This is written notice pursuant to Section XX of the Labour Relations Code locking ...

1. Assignment 4
In Assignment 4, you are expected to analyze and form a
number of conclusions on a case in which collective bargaining
rights are tested, as they are so often, by an industrial dispute.
Read the following case study, and study the questions that
appear at the end of the case. Then, combine your answers to
these questions in an essay that does not exceed 1,000 to 1,200
words.
Once you have successfully completed and submitted your
assignment, you are welcome to contact your Academic Expert
to find out what happened next in the case.
A Note on this Case
This case is summarized from an actual complaint to the Alberta
Labour Relations Board, UFCW 1118 v. AirtexManufacturing
Partnership [1991] Alta. L.R.B.R. 783. The names of the
complainants and the respondents have not been changed, but
some facts and descriptions have been modified for economy
sake.
Reading the Alberta Board’s award is unlikely to help you
complete this assignment. Legislation in Alberta has changed
and you may well be covered by different legislation. And
labour relations boards can also be wrong!
The Case in Brief
The employer (Airtex) has commenced a lawful lockout of its
employees before the bargaining agent (the union) was able to
commence a lawful strike. Airtex has announced that it will lift
the lockout after one day and employees are expected to return
to work under interim working conditions. It has threatened
dismissal for employees who do not return to work under the
interim conditions.
The interim conditions have been set out in a detailed booklet

2. resembling a collective agreement. The interim conditions,
however, omit all references to the union embodied in the
employer’s proposal:: the recognition clause, union security
clause, grievance procedure, non-discrimination clause, and
provisions for union communication with employees. The union
has complained that, among other things, Airtex has violated its
duty to bargain in good faith, has interfered with the union’s
representation of employees, and has refused to employ
employees because they are exercising their rights under the
Labour Relations Code.
The issue
Under provincial labour relations legislation, what are the
respective rights and duties of employees, the union, and the
employer as they work through the lockout and agreement?
The Case in Detail
For purposes of this case, assume that the date is December 12,
1993.
Airtex Manufacturing Partnership makes air conditioning
equipment under the name Engineered Air. United Food and
Commercial Workers Local 1118 (the union) represents
Engineer Air's plant employees. The union has taken over as
bargaining agent from an employee association recently
following a contentious certification. The union and Engineered
Air are now negotiating towards a new collective agreement.
On Dec. 2, the company gave the union the following notice of
lockout:
NOTICE OF LOCKOUT
This is written notice pursuant to Section XX of the Labour
Relations Code locking out all the employees represented by

3. Local 1118 and employed by Airtex Manufacturing Partnership.
This lockout will commence at 6 a.m., Friday, Dec. 6, 1993, at
all Company plants.
Take notice that the lockout will include, without limiting the
generality of the foregoing, any or all activities within the
definition of the term “lockout” as defined in the Labour
Relations Code.
All employees represented by Local 1118 will be locked out
from 6 a.m. on Friday, Dec. 6, 1993, to 6 a.m. on Saturday, Dec.
7, 1993. All employees will be instructed to report for their
normal shift commencing Monday, Dec. 9, 1993. Employees
who do not report to work will be considered to have abandoned
their employment and to have terminated their employment with
the Company for not having reported for work.
The existing Collective Agreement will terminate at the
commencement of the lockout. Interim employment conditions
will be implemented by the Company for the duration of the
dispute. A copy of these employment conditions is included for
your reference.
The Company will continue benefit coverage and Company
contributions to benefits at this stage of the lockout. The
Company reserves the right to discontinue premium payments at
any time during the lockout. We request a written reply from
the Union by Dec. 16 respecting your position on remitting
premiums in respect of all employees covered by benefits
should the Company discontinue payments. If the Union is
prepared to pay the full premiums in advance, benefits will be
continued as provided in Section XXX of the Labour Relations
Code.
Relevant Facts

4. The parties agree on some basic facts, and the documentary
evidence discloses others:
· The parties were bound by a collective agreement originally
entered into between Engineered Air and The Engineered Air
Employees’ Association. This agreement included a nominal
expiry date of Nov. 30, 1993.
· Prior to serving lockout notice, the company engaged in
serious collective bargaining with the union and it has stated its
intention to continue to do so after the lockout.
· The employer proposed terms for a new five-year collective
agreement on Nov. 8. The union proposed terms for a two-year
collective agreement on Nov. 27.
· The company’s lockout notice, dated Dec. 2, was not served
until after all the legal prerequisites under the Labour Relations
Code—for example, notice to commence collective bargaining
served, mandatory mediation completed, cooling-off period
expired—had been met.;
· The union elected not to pursue its right to apply for a strike
vote until Dec. 4, two days after the company served its legal
lockout notice.
· The union’s strike vote is scheduled for Dec. 12. If members
vote in favour of the strike action, the earliest the union could
strike would be Dec. 16.
· Along with the lockout notice, Engineered Air gave each

5. bargaining unit employee a two-page Employee Information
Bulletin with questions and answers about the lockout. It also
gave employees a detailed 10-page booklet entitled Engineered
Air Employment Conditions.
Proposed Employment Conditions
As mentioned, the employer accompanied its lockout notice
with a sophisticated set of Employment Conditions and an
Employee Information Bulletin. They are important because of
the things they include or omit, but even more they are
important because of the impression they create for employees.
The union and employer have both tabled full proposals that the
other side so far refuses to accept. The employer’s last proposal
forms the basis for its employment conditions, but is stripped of
virtually all reference to the role of the union in the workplace.
To some extent, this is because the document does not purport
to be a collective agreement, nor can it be. However, as the
following summary will show, many of the deleted employer
proposals go to the heart of the union’s role as a bargaining
agent, a role that continues whether a collective agreement is in
place or not. In each case, the clauses referred to below are in
the employer’s original proposal but have been deleted or
amended significantly to remove any references to the union in
the proposed Employment Conditions. All the clauses had been
agreed to in bargaining, so none are in dispute.
Article No.
Provides
Description of Article
Proposed Amendment
2
Recognition
Recognizes union as sole bargaining agent for all employees
within the scope of the bargaining unit.
Delete

6. 3
Union security
3.01
Maintenance-of-membership clause for all present-member
employees, and a requirement that all new hires become union
members within 30 days of hire.
Delete
3.02
Requires the employer to have new hires sign up for the union;
general obligation to deduct and remit union dues.
Delete
3.03
An obligation to record union dues deducted on employees’ T-4
slips.
Delete
3.04
Permits union stewards to represent employees in grievances. A
promise by the employer to give union stewards time off, up to
15 minutes for each grievance, and a promise by the union to
conduct investigations and meetings outside working time to
keep up production.
Delete
3.05
A list of stewards, by area.
Delete
3.06
A union promise not to conduct union business on company
time without permission.

7. Delete
3.07
Company allows a bulletin board for union notices. Union
promises not to distribute leaflets on the premises.
Delete
3.08
Gives the union a confidential monthly list of employees.
Delete
4
Non-discrimination
4.01
The company and the union agree there will be no
discrimination, intimidation, interference, restraint or coercion
exercised or practised by the company or the union or by any of
their representatives with respect to any employee because of
activity or non-activity by the union.
Delete
4.02
Union agrees not to cause or sanction any work stoppages
during the term of the agreement. It recognizes that such action
may warrant dismissal. The employer agrees not to lock out
during the term of the agreement.
Delete
5
Management responsibilities
Provides comprehensive statement of management’s rights.
Delete
6
Negotiating committee
Recognizes the union’s negotiating committee and provides

8. limited time off without pay for negotiations during working
hours.
Delete
In addition to the deletion of these clauses and provisions, the
Employment Conditions also propose the following changes and
modifications:
Article No.
Issue addressed
Proposed Amendment in Employment Conditions
7
Grievance procedure
Original clause defined a comprehensive grievance and
arbitration provision. It divided grievances into two classes:
Employment grievances (7.01), and Policy grievances (7.02).
This process to be replaced in the Employment Conditions with
Articles 2, 16, 17, and 19 below::
2
Employee concerns
2.1
Complaint process
If an employee has any complaint about fair treatment or the
application of these Employment Conditions, they may discuss
their concerns with any member of management, including the
general manager or the president. This will in no way adversely
affect their employment with the company.
2.2
Discipline Review Committee
A Discipline Review Committee consisting of two management
representatives and two representatives appointed by employees
will be available at all times. In the event of a suspension or
dismissal, the company will review such proposed discipline
with the committee before taking action. An employee who feels
he or she has been unfairly disciplined may appeal these
decisions to the Discipline Review Committee.
16

9. Safety
This article sets up joint health and safety committees. The
Employment Terms preserve the committee but delete reference
to the union as appointer of the employee representatives. The
new term deletes a prohibition on the committee dealing with
grievance or collective bargaining matters.
17
Discipline
The new article is the same as that proposal except for two
things. All reference to a grievance procedure is removed, and
so is the promise to notify the union in writing within one day
of notice of disciplinary action given to an employee.
19
Leaves of Absence
Article 19.04 allowed leaves of absences for union schools,
conventions or conferences. It also provided for an employee to
take a long-term leave, while maintaining service, to occupy a
full-time union position.
20
Duration of Agreement
The employer’s proposal was for a five-year term, an unusually
long period. The employment terms understandably contain no
such term, and no automatic renewal or renegotiation term.
Instead, the employment terms end with:
15.1 These employment conditions may be amended from time
to time, as conditions require updating or clarification. These
conditions will apply while negotiations are unresolved with the
UFCW.
Finally, the Employment Conditions add an article dealing with
a social club/employee association that has existed for some
time but has not previously been mentioned in the collective
agreement or any proposals. It reads:

10. Article 14 – Hot Air Social Club
The company offers and encourages membership in the Hot Air
Social Club. The club promotes favourable employee relations
through social functions planned by employees. Funding of
these functions is through a $1 monthly contribution by each
employee, which is matched by the company on an equal basis.
Membership will be offered upon commencement of
employment.
The Issues for You to Decide
In the light of the course material and your own provincial
labour relations legislation, answer the following questions:
1. Does a strike or lockout end a collective agreement?
2. If so, does an employer have the ability to unilaterally
impose terms and conditions of employment once strike or
lockout action ends the collective agreement?
3. If an employer unilaterally implements such terms, are
employees required to work under those terms, without their
individual, or the union’s collective, approval?
4. Can the employer exclude from the terms it unilaterally
imposes all terms that are related to the union?
5. Do the employer’s actions in this case constitute bargaining
in bad faith?
Combine your answers to these questions in an essay

11. 7 of 7