Section 1.6

‘Management rights’ section must be removed because this clause is not helpful for the membership. We must be able to interfere in the management of the business, workplace and working conditions.

We here in why did you join the union believe we should never grant the management ‘the unquestioned right to exercise’ - that right must be modified to a very limited scope with approval from TWU Local 100. Clearly the membership of TWU Local 100 are not benefiting from this accord. The membership should be able to have a say in an organization that they are apart of.

We are not interested about who granted that right to the management. However we the membership are interested in reducing management control. We are not going to accept that the management can think of the unthinkable - to break the union than bargain with it. 

‘Impose layoffs’ - clearly the layoff of 2010 was based on an obscure loophole in a 1938 Supreme Court decision where Mackay Radio permitted employers to continue operations by ‘permanently replacing’ rather than firing striking workers. That loophole was against private-sector workers who had no legal protection back then.

We cannot accept this harmful management right clause guaranteeing the management unilateral rights - we here in why did you join the union believe that clause is bad thus harming the membership. We must limit the management control, we must also diminish the control they already have. In the contract of 2011 we must reduce significantly the management control - each part of the 2011 contract should be scrutinized with an eye toward its effect upon the managerial control. No part of the 2011 contract should give all things to the management to reserve the right to decide unilaterally.