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The Labor Relations Process 10th edition William Holley, Kenneth Jennings, Roger Wolters - Solutions
Compare the government of the local union to student governments and municipal governments, paying special attention to participation by members?
Explain why and how national union presidents have been able to accumulate so much authority and power?
Differentiate between the business agent of a local union, a shop steward, and an international union representative. How do their roles differ?
Because the AFL-CIO does not negotiate labor agreements on behalf of national unions, how can it claim to be the "spokesperson for organized labor" in the United States?
Refer to the reasons why employees become members of unions to assess the means used by union organizers to meet these needs?
Select an organization with which you are familiar, and determine the number of possible bargaining units that would be appropriate for collective bargaining in its structure?
Explain the contract bar doctrine. How would it influence the negotiation of the first labor agreement?
Appraise the shifting position of the NLRB regarding representation election campaigning?
Prescribe a "do" and "don't" list for supervisors involved in unionization campaigns so they will not commit any unfair labor practices?
Why do you believe employers are becoming more interested in decertification elections?
Explain the following statement: "It is not the union that organizes the employees; it is management."?
What would be a good response from a union organizer for each Statement in the "Labor Relations in Action" on page 198?
Review the arguments for and against the Employee Free Choice Act and the Mandatory Secret Ballot Protection Act. How would you vote? Give your reasons?
During an economic recession, discuss how management's or a union's bargaining power might be affected. Give an example to illustrate what you mean?
Assume that you are a management negotiator and the union presents the following proposal: Any overtime assignment will be guaranteed a minimum of two hours at time-and-a-half the base hourly rate for the classification. Previously, employees working overtime received time-and-a-half pay for the
Good and bad faith bargaining might be easier to define than implement. Discuss different types of evidence that might be used prove or disprove a charge of bad faith bargaining?
Are current legal remedies for bad faith bargaining adequate to promote compliance with the LMRA's goal of good faith bargaining? Why or why not? What recommendations would you suggest for improving compliance with the goal of promoting good faith bargaining?
List the main factors that may help to explain the wage differential between three jobs in an organization with which you are familiar?
Explain why job-evaluation plans must take into consideration external and internal factors if they are to be successful?
Assume that labor and management are negotiating a labor agreement and the wage spread becomes an issue of disagreement-management wants a wider wage spread, and the union wants a smaller wage spread. Why should management be cautious about the union's proposal, even though the total costs may be
Which party (union or management) would likely be in a stronger position to bargain for its preferred wage outcome under the following conditions and why?
Assuming that a firm's costs for employee benefits are 38 percent of payroll, why doesn't the firm just let the union determine the manner in which the amounts are apportioned to various benefits, such as insurance, holidays, and vacations, without negotiating each specific clause?
Which type of pension plan would you prefer to be covered under (i.e., defined benefit, defined contribution, or cash balance) and why if you were an employee? An employer?
To what extent can a union exploit benefit issues (e.g., health care insurance, pension, child-care benefits, and family leave) in an effort to organize more union members? Explain your reasoning?
What type of control should an employee have over shares issued under an employee stock ownership plan? For example, should an employee have a right to sell their plan shares at any time or vote those shares in shareholder meetings to elect Board of Director candidates or approve a merger or
Is early retirement (prior to age 62) still a realistic option for most employees to achieve without experiencing a substantial decline in their preretirement standard of living?
My employer monitors my e-mail and internet usage at work and tracks my location through the GPS feature of my cell phone. I receive work- related text messages or voice mails almost every day of the week and often after normal scheduled work hours. These messages are often seeking information or
Think of an industry or company with which you are familiar, and assume that you are the local union president. What types of clauses regarding technological issues would you attempt to negotiate with your employer?
Discuss the advantages and disadvantages of outsourcing or off shoring jobs. Should a worker in today's economy have any reasonable expectation of job security? Explain your reasoning?
Discuss some of the advantages or disadvantages in using seniority as a factor to determine shift preference or overtime assignments?
Explain why unions often place a priority on seniority in personnel decisions, whereas employers tend to emphasize ability to perform the job. Based on your own experience with work performance appraisals conducted by managers, how confident are you that managers can effectively judge legitimate
1. Who has the responsibility of ensuring a safe and healthy work environment? Who should pay to provide this work environment? Should it be the employer, union, employees, or government? 2. Number / seven Several alternative work schedules (e.g., part-time, flex-time, compressed work week) were
What are some similarities and differences between mediation, fact finding, and interest arbitration?
What characteristics or qualities should a practitioner look for in selecting a mediator to help resolve a labor dispute?
Why is interest arbitration used so infrequently in the private sector?
To what extent do you agree or disagree with the following statement: "Strikes are an intricate and essential element of the collective bargaining process." Explain your reasoning?
If you were a secondary employer confronted with a threatened product picket action at your retail store, what factors would you consider in deciding whether to voluntarily cease sales or continue to sell the primary employer's products during the labor dispute?
Should employees engaged in lawful strike activity be protected from permanent replacement? Explain your reasoning.
A thin line differentiates employee grievances and employee complaints. Discuss the problems involved in defining a grievance, indicating why a broad definition of employee grievances is both confusing and necessary?
Discuss two reasons grievances might be filed, furnishing examples of these reasons other than those found in the text?
Why does a typical grievance procedure have so many steps when the employee is either right or wrong, and a one- or two-step procedure would save time and money? In your answer, discuss the various functions, opportunities, and problems each of the grievance steps can offer?
Why is it difficult for union and management officials to resolve each grievance on its own merits?
Briefly discuss the broad judicial guidelines concerning unions' fair representation obligations to members. Also discuss the reasoning behind these obligations, furnishing some appropriate examples?
Discuss the following: "The refusal to use grievance mediation as a step prior to arbitration illustrates the stubbornness of many management and union officials"?
How did World War II and the National War Labor Board greatly expand the use of arbitration?
The Steelworkers' Trilogy greatly enhanced the arbitrator's authority when compared to previous years, yet did not give the arbitrator final jurisdiction over certain issues. Discuss the preceding statement in terms of the specific features of these judicial decisions; also consider current
Discuss the similarities and differences of arbitration and judicial hearings, with particular emphasis on the common law of the shop, admission of evidence, and the role of the arbitrator versus that of the judge?
Why are arbitrators' decisions usually lengthy, when one sentence could indicate who was right and wrong? Your discussion of this question should include the purpose of arbitration and advantages as well as disadvantages of an extensive arbitral decision?
Discuss two decision-making criteria used by arbitrators, furnishing specific examples (not mentioned in the text) of how these criteria can come into play?
Why is discipline the most significant issue for the union and management organizations? Describe how this significance has shifted over time?
One union newspaper indicated how it saved an employee's job. The employee was in the mechanic's classification and was discharged for refusing to comply with management's sudden, unilateral rule that mechanics must perform janitorial duties. Given this sketchy situation, discuss the many possible
Explain in some detail the difficulties management would have in administering the following work rule in accordance with the disciplinary principles established in the chapter: "Any employee reporting to work under the influence of alcohol will be subject to discharge"?
Indicate the comparative advantages and disadvantages of a disciplinary price list (see exhibit 12.3 - page 539) of discipline prerogatives in the labor agreement and a one-sentence contractual provision indicating "management has the right to discipline or discharge an employee for cause"?
Although not subject to judicial scrutiny, evidence in an arbitration hearing still has its complexities. Discuss related considerations that could be involved in an arbitration hearing involving an employee who was discharged for smoking marijuana on the job?
Assume you are in charge of establishing a training program for supervisors in administering discipline. Based on the supervisor's potential role in the disciplinary process, formulate and discuss three major principles you would stress in this session?
Should all public employees have a right to submit interest disputes to final and binding arbitration in exchange for giving up the right to engage in legal strike activity? Why or why not?
Using the same public organization as in Question 1, discuss the similarities between collective bargaining in this organization and a typical negotiation between a private company and its union?
Explain why some states do and other states don't have a public sector bargaining law or laws that cover some public employees but not others?
Describe the different types of impasse-resolution procedures used in the public sector, and discuss the relative effectiveness of each?
What are the advantages of ''Night Baseball'' arbitration over conventional interest arbitration and FOA arbitration?
Evaluate the differences in approaches to labor- management relations between the George W. Bush and Obama administrations?
What are some possible advantages or disadvantages of expanding the scope of bargaining in the federal sector to include issues like wages and benefits?
Should public employees have the same right to strike as private-sector employees are granted under the LMRA? Why or why not?
Although we share a common border with Canada, its labor relations system is affected by a number of variables that do not greatly affect the United States. Enumerate and explain these variables?
Explain why labor unions in many of the Central American countries have developed more slowly than those in the United States?
Western Europe seems to be uniquely involved with various forms of worker participation. What are some reasons that these worker participation systems have developed so fully there instead of elsewhere?
What are the five special features of the Japanese system? Why haven't they been adopted in the United States?
Although multinational corporations seem to be growing in size and influence, what must occur before transnational collective bargaining can be effectively carried out?
Which features of Canada's labor relations system would you transfer to the United States?
Assess the transformation of the Australian labor relations system?
Give your assessment of the requirements for Cuba to develop a free-independent trade union. It is essential for a free society?
Assess the strategy of Wal-Mart in China where the company has recognized unions in all 62 stores, to its strategy in the United States, which is to combat any type of union representation?
1. As a matter of public policy, should an employer be required to reinstate an unlawfully terminated employee even when that person is an illegal alien? Explain your reasoning. 2. In this case, is it possible for the court to enforce the voluntary settlement agreement between the employer and NLRB
1. Why would a labor union want to organize and represent TAs, RAs, and proctors? 2. Why would TAs, RAs, and proctors want union representation? 3. What rights would TAs, RAs, and proctors have if the NLRB rules they are ''employees'' under the NLRA? 4. Which group(s), if any, would be
1. Was this matter within the jurisdiction of the National Labor Relations Board? 2. Were Leiner's actions considered a protected activity under the Labor Management Relations Act? 3. How should the NLRB rule? Give your reasons?
1. Must illegal conduct occur in order to overturn the results of a union representation election? 2. Compare the present case to the following ones:
1. Is an employer required to have bulletin boards at the work place? 2. If an employer did not provide bulletin boards at the work place, would employees have a right to provide and mount their own bulletin boards? 3. If company provided bulletin boards are provided at the work place, does the
1. Did the Employer unlawfully deny the two nonemployee union organizers access to the hospital's cafeteria? If so, what should be the appropriate remedy? 2. Would the Employer's no solicitation policy prohibit the two non-employee union organizers from entering the hospital's property anywhere
1. Do these employer statements constitute an unlawful threat in violation of Section 8 (a) (1) of the LMRA? Why or why not? 2. Do the employer statements constitute an unlawful promise of benefits in violation of Section 8 (a) (1) of the act? Why or why not? 3. Did the questioning or statements by
1. What is a mandatory subject of bargaining? 2. Can a union waive its right to bargain over a mandatory subject of bargaining? 3. Was management's refusal to bargain over the subject of surveillance camera usage in the work place a violation of the duty to bargain in good faith under the LMRA, as
1. What is the purpose of a zipper clause? 2. Which, if any, of the two new rules involve a mandatory subject of bargaining? Explain your reasoning. 3. Did management's unilateral implementation of the two new work rules without providing the union with prior notice or an opportunity to bargain
Evaluate each of the three unfair labor practice charges concerning the company's refusal to supply requested bargaining information and decide if each charge represents a violation of the employer's duty to bargain in good faith?
Did the employer violate its duty to bargain in good faith by failing to increase bargaining unit members' mileage rate to the same level on the same date as such an increase was implemented for nonbargaining unit employees? Explain your reasoning?
1. Should the federal appeals court deny Broom and Miller's appeal and enforce the decision of the state district court finding upholding the discharge of the two whistleblowers? Explain your reasoning. 2. How might this case have been handled differently if Broom and Miller had been members of a
1. Discuss your opinion regarding the merits of Circuit City's labor cost-cutting strategy. How might the strategy affect the following competitive issues: ability to cut prices on goods sold, customer service, and recruitment and retention of retail employees? 2. Circuit City employees are not
1. Did the hospital violate Article 19, Section 12 of the labor agreement when it unilaterally implemented a pension plan freeze effective January 2, 2010? Explain your1 reasoning. 2. If the hospital's action did violate the parties' labor agreement, what would be an appropriate remedy for the
1. Does the company's failure to make a wage adjustment consistent with past practice on July 1, 2002 constitute a violation of the employer's duty to bargain in good faith? Explain your reasoning. 2. If an employer were found guilty of bad-faith bargaining in a case like this, should employees be
1. Does an employer have any legal right to discipline or discharge an employee for comments the employee makes about the company? 2. If you were representing the company in this case and the NLRB regional director asked if you would be willing to settle the union's charges voluntarily, would you
1. Is BE bound by the terms of the project labor agreement, which it did not directly sign, including the duty to submit this labor dispute to final and binding arbitration for resolution? 2. Was the project labor agreement only meant to apply only to work performed on the job site as BE contends,
1. Was the discharge of Dale and Brady a violation of Sec. 8 (a) (1) and (3) of the LMRA? If so, what should be the appropriate remedy? 2. Was the decision by JTI to award only half of the safety bonus money available to its truck drivers a lawful employer decision? 3. If you had been advising JTI
1. Should the NFL Players' Association be permitted to purchase ad time for the purpose of broadcasting a message seeking public support for its position during labor negotiations? 2. What do you think about the union strategy of attempting to communicate its position to the public through the use
1. What actions would you recommend the secondary employers involved in this case take to minimize any adverse consequences of the union's handbilling and banner activity? 2. Does the union's handbilling and banner activity represent an unfair labor practice violation under the LMRA? If so, what
1. How does a union gain the right to use bulletin boards on company's premises? 2. Why was the union so insistent on having the "Definition of a Scab" posted on the bulletin board? 3. Since the union is already recognized as the exclusive bargaining unit representative and the new contract terms
1. Since Drake and Keller's employer meets the standard for coverage under the LMRA by engaging in interstate commerce, which specific employee right protected under Section 7 of the Labor Management Relations Act could Drake and Keeler argue they were engaged in that at least partially motivated
1. Does the work stoppage by the truck drivers in this case represent an economic strike or an unfair labor practice strike? 2. What is the difference between the reinstatement rights of an unfair labor practice striker and an economic striker? 3. Did the employer unlawfully discharge the four
1. Should the arbitrator uphold the union's grievance and find that the company's withdrawal of medical benefits from striking workers violated their contractual right to receive such benefits? If so, what should the appropriate remedy be? Explain your reasoning? 2. When the current contract
1. Would the Stop & Shop grocery store in this case be classified as neutral, secondary employer or a business ally of the Brown Bag Company? Explain your reasoning? 2. Should the merged product doctrine be applied in this case to declare that the union's product picket action was unlawful? Explain
1. Assess the union's argument that the parties in the past have agreed to extend time limits. 2. Should the arbitrator be influenced by any evidence over the reasons for the termination of those two employees? 3. What are the company's best evidence and arguments? What are the union's best
1. What are nonunion employee rights under LMRA? 2. What is meant by fair representation? 3. When has the Union met its obligation of fair representation? 4. Has the Union in this case met its fair representation obligation? Explain.
1. Which party has the burden of proof in this case? Which level of proof will be used? Why? 2. Is this case a matter of ''good faith'' on the part of the Company or a contract interpretation issue? Why? Why not? 3. Develop some general guidelines for companies to retain the right to contract out
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