Haden Manufacturing Ltd. was a large producer of automotive parts and supplies and employed a…

Haden Manufacturing Ltd. was a large producer of automotive
parts and supplies and employed a workforce of over 400 employees. The
employees had been represented by the local of a large international union for
several years. An unexpected upturn in consumer demand forced Haden to schedule
additional production shifts to meet backlogged orders. This necessitated most
employees working at least one overtime shift per week, on either Saturday or
Sunday, for which the collective agreement provided that employees be paid
time-and-a-half wage rates. When the new work schedule was posted, Susan,
»

Haden Manufacturing Ltd. was a large producer of automotive
parts and supplies and employed a workforce of over 400 employees. The
employees had been represented by the local of a large international union for
several years. An unexpected upturn in consumer demand forced Haden to schedule
additional production shifts to meet backlogged orders. This necessitated most
employees working at least one overtime shift per week, on either Saturday or
Sunday, for which the collective agreement provided that employees be paid
time-and-a-half wage rates. When the new work schedule was posted, Susan, who
was a parts painter, found herself scheduled to work the overtime shifts on
Saturdays. Susan belonged to a religious order that observed Saturday as its
day of worship and, as a result, Susan did not wish to work this particular
shift. She went to see the production scheduler to explain her situation and to
suggest that he schedule her for the Sunday shift but at the normal,
nonovertime rate of pay. Susan felt that her offer was a fair compromise and
would be accepted by management. Her suggestion was, in fact, quite acceptable
to management, which promised to accommodate her request. The union shop
steward was informed of Susan’s request and the arrangement which she had made
with management. Shortly thereafter the union sent a memo to management stating
that it would not permit management to schedule Susan for the Sunday shift
without paying her the time-and-a-half rate stipulated by the collective
agreement. When management approached Susan about the memo, she stated that she
knew nothing about it and that it had not been sent at her request. She also
stated that her offer still stood since that arrangement worked out very well
for her. Management took the position that if the union would not waive the
overtime pay provision for Susan on Sunday, thereby effectively barring her
from that shift, it would have no choice but to require her to work on the
Saturday shift. Susan refused to do this and was subsequently dismissed by Haden.
What recourse and rights, if any, does Susan have against the parties in this
case? Discuss the arguments each might employ and what remedies might be
imposed by a court or arbitrator.

»

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