Flashcards Studio

Zenith Packaging, Inc., with 160 employees represented by a union, informs that starting next month the night shift’s daily hours will be extended from 8 hours (10:00 p.m. to 6:00 a.m.) to 9 hours (9:00 p.m. to 6:00 a.m.), with a 15-minute rest break replacing the usual 60-minute meal break. Weekly hours rise from 40 to 45, while base wages remain unchanged. No hearing or collective bargaining is conducted; 14 days’ written notice is given. Management cites prerogative to improve productivity and reduce overtime costs. Some workers protest that the change constitutes a substantial alteration of terms and conditions and may amount to constructive dismissal or reduced earnings for those who receive allowances tied to the 40-hour week or to night differential. The union demands revert to the old schedule or negotiate; the company refuses. (a) Identify the controlling doctrine on change of working hours. (b) Distinguish the controlling rule for when a management prerogative may lawfully change working hours without consent. (c) Apply the facts to determine whether the unilateral change is lawful or amounts to an improper change in terms and conditions of employment.