What arguments will be made by the union and the employer


Problem

Read the following situation and answer the questions below using the facts from the case. Use concepts, examples and discussions from class and course materials as necessary.

Pulse Guard Security sells and services home and commercial security systems. The company employs 15 technicians who do installations and service customers within a 200-kilometre radius of its office and warehouse in Centreville. The technicians are represented by a union; and although the collective agreement did not refer to the issue of company vehicles, Pulse Guard supplied each technician with a van, tools, supplies, and equipment. Technicians were allowed to drive their company van home and go directly to a customer's location at the start of each day. An attempt was made to assign technicians to jobs close to their residence. Most technicians were able to carry out their job duties without attending the company's office more than twice a week to pick up supplies. The company interviewed Melanie Clarke for a position as a technician. During the interview, it was discovered that Clarke resided 70 kilometres away from the company's office in Centreville. Most of the company's technicians reside in Centreville; however, seven technicians lived in other municipalities between 27 and 79 kilometres away from this location. Pulse Guard was concerned about the costs of operating the van assigned to Clarke if she was allowed to drive her van home. The company made an offer of employment to Clarke, which provided that she would have to provide her own transportation to the company's office where her van would be kept. Clarke accepted the company's offer and began work, commuting to Centreville. After working for the company for a few weeks and becoming aware that other technicians were allowed to drive their vans home, Clarke sought the advice of the union. A union representative took up the matter with the company, and they were told that (i) the company was concerned about the costs of allowing Clarke to drive the company van to her home and (ii) Clarke had agreed to terms of employment that did not provide for her to have use of a van to travel to her job.

If this dispute goes to a hearing, what arguments will be made by the union and the employer before an arbitrator?

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