Case 39: Who Should Maintain The Parks And Ballfields (analysis And Review) – Case Study Example
Case 39: Who Should Maintain the Parks and Ballfields? Analysis and review The parties agreed on the following issues to be decided: “Is the maintenance of lawns and ballfields in the town parks bargaining unit work? If no, is subcontracting of the maintenance of town lawns and ballfields a violation of the agreement? If so, what shall the remedy be?”
In the case it is given that the Union has been recognized as sole and exclusive bargaining agency. It included the truck drivers, laborers employed by the Highway and Landfill Division who are responsible for all the maintenance and construction repair duties related to public work projects and others. On the other hand, this is management’s right to get all the maintenance work timely. It is clear from the case that the work of side slopes, ditches and brush clearance has not been done regularly by anyone, irrespective of the fact that the Contractual provision covers all the maintenance and repair duties including the recreation and forestry work. It is also clear from the case that the Union has not been able to fulfill its responsibilities due to lack of proper maintenance vehicles and other equipments. This has been the same reason for the temporary workers, students or the bargaining unit employees to fail to complete the job.
It is clear from the case that the maintenance of the lawns and ballfields in the town parks is the bargaining unit’s work. However the bargaining unit has not been able to do the work due to lack of appropriate equipments. This is responsibility of the employer to provide proper working condition including the equipments. This is a breach of contract. Instead of verbal notification, employer would have discussed the issues and seek for a solution together. Now if the Union agrees than the employer can contract out that part of the job which is disputed. In the case Union does not agree to contracting any part of maintenance work than Union has to provide a solution so that disputed work and the other maintenance work is done regularly.