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Questions and Answers of
Business Law
Compare bargaining unit determination in the public and private sectors.
Discuss the issues from the employer's standpoint on union "salting" efforts.
Explain the respective roles of the four levels of unions: local, national, intermediate, and federation.
1. Explain why you think confrontations such as the one described in this case still occur in the workplace after more than 100 years of union organizing in the United States. 2. Do you think
1. Was it fair for the NLRB not to take "changed circumstances" into account in deciding this case simply because the Employer failed to present the information? 2. Is it reasonable for the NLRB to
1. Explain why you agree or disagree with the court ruling in this case. 2. Why would a union hope to have a smaller employee base declared an "appropriate unit"?
1. In this instance, state law did not mirror the National Labor Relations Act as to those employees excluded from coverage. The court felt this was done intentionally to allow supervisory employees
1. The court felt geographic proximity was not enough to establish community of interest. If the local manager had more control over employment issues, do you think the court's decision would have
1. Do you think the court dismissed the union "misrepresentations" too quickly as campaign propaganda? 2. Would the decision have been different if the union had just barely won the election? 3. An
1. Did the AFL-CIO representatives violate their duty to fairly represent the Teamster members when they did not allow them to vote on the contract before telling the company it was approved? Why or
1. It was significant to the Board's decision that employees of the six stores were not being asked to unionize. If they had no interest in a union, why should the employees of the seventh store be
1. As arbitrator, what would be your award and opinion in this arbitration?2. Explain why the relevant provisions of the CBA as applied to the facts of this case dictate the award.3. What actions
1. If you were deciding this case, would you include the two employees in the unit total? Explain your answer. 2. If you were deciding this case, would you have accepted the disputed authorization
What is the purpose and jurisdiction of the NLRB?
Summarize the rights of employees and employers as provided by the National Labor Relations Act.
When are states totally preempted from regulation of the labor field, according to Supreme Court decisions?
Define union security and explain its importance to labor leaders.
Discuss why labor leaders have tried to repeal Section 14(b) (the right-to-work section) of the Taft-Hartley Amendments since its passage in 1947.
1. Do you believe that the company was or was not bound to sign the agreement? Explain.2. Explain why it might be an unfair labor practice for the company to rescind the pay raise without first
1. Do you think that the Company's insistence on treating the employee-members of the bargaining team the same as all other employees requesting unpaid time off was just a bargaining tactic?
What are the three key elements to a negotiation situation that should be evaluated before bargaining begins? Why is each a key to the process?
Give an example that clearly illustrates the difference between positions and interests? Why is the difference important to integrative bargaining?
How might a negotiator use timing to his or her advantage in a negotiation?
Define BATNA. How can one utilize a strong BATNA during negotiations?
What ethical and unethical tactics in Table 5-1 do you disagree with and why?
Describe in general the distributive and integrative bargaining approaches. How do these methods differ?
What are the three values that one should decide before negotiating an economic issue such as wage rates?
List and explain each of the norms a negotiator might use to justify a position. Which do you believe would be the most useful in negotiations? Why?
Instead of rejecting a proposal, what are three general reframing questions one might use as a response?
Why do you believe the categorization method of integrative bargaining might help two sides reach agreement on a new contract more easily than the distributive approach?
1. As arbitrator, what would be your award and opinion in this arbitration? 2. Explain why the relevant provisions of the CBA as applied to the facts of this case dictate the award. 3. What actions
1. Was the company bargaining in good faith? Explain your answer. 2. Which company proposal was the most important in determining the in good faith issue? 3. Suggest how either principled
1. Would the Company's willingness to share financial information on the health care plans with the Union help the Board decide on whether there was an impasse? Explain. 2. What other options were
Who are the principal parties involved in the collective bargaining process? What are their roles?
What are the pros & cons of state right-to-work laws?
What is the purpose of a management rights clause? Do you agree with the reserved rights theory, why or why not?
Discuss how negotiators prepare for negotiations.
Why have the number of major economic strikes in the U.S. declined?
What is the purpose of a union picket line? Why are they less successful today than in past years?
Generally why do both management and the union favor no-strike, no-lockout provisions?
Describe commonly used methods for peacefully resolving a negotiation impasse, the advantages and disadvantages of each.
How do negotiators meet the "provisional intent test"?
Describe different union security provisions found in CBAs.
1. Explain how the CBA provision, which would have prevented the employer from requiring the employees to pass picket lines established by other Locals of their union in an authorized strike, is an
1. As arbitrator, what would be your award and opinion in this arbitration? 2. Explain why the relevant provisions of the CBA as applied to the facts of this case dictate the award. 3. What actions
1. Although it is very rare for an employer to begin negotiations with a request to reduce wages, do you think it is always a symptom of bad faith for a company to do so? 2. Would you think
1. Could "principled negotiation" and "collective bargaining by objective" techniques have been used to remedy this situation? 2. The dissenting judge in this case held the union responsible for the
1. The court would accept legitimate and substantial business justification for refusing to reinstate striking employees. Can you give some examples the court might accept? 2. The court did not
1. Would you rule for the union or the company? Why? 2. Could the union have used either principled negotiations or collective bargaining by objectives techniques to resolve this disagreement?
1. This case would seem to hold that "agreeing to disagree" on a mandatory bargaining subject does not violate the duty to bargain. Does it violate the spirit of collective bargaining as a
1. How could the union have used either the principled negotiations or the collective bargaining by objectives techniques in this case to move the company closer to an agreement? 2. The company had
1. The city had suggested that instead of binding arbitration, an advisory arbitration system be invoked which would require that the arbitrator's award be returned to the council for final action.
List some guidelines negotiators can use in aiding the negotiation process.
Distinguish among mandatory, permissive, and illegal bargaining subjects.
How do the parties determine the issues that should or may arise at the bargaining table?
What types of strikes could result in employees being legally fired?
Describe commonly used methods for resolving a negotiation impasse.
Explain the significance of the proposed change to the NLRA that would prohibit an employer from replacing striking workers with permanent replacements.
Why are negotiations in the public sector different from negotiations in the private sector?
Explain how the inability of public employees to strike affects the bargaining process.
1. What do you think would be the "fair" way to resolve this case? 2. (a) Should the company have waited to bring up this issue when the CBA was being renegotiated? (b) Does it change your answer to
What is the general wage concern that management and employee representatives bring to the negotiating table?
What are the pros and cons of two-tier pay system?
Why have profit-sharing plans replaced COLAs in some recently negotiated agreements?
How can wage surveys be effectively used in collective bargaining?
Why are labor and management negotiators likely to respond to consideration of the company's ability to pay higher wages?
Why must labor and management be able to accurately determine the cost of wage proposals?
How should negotiators treat the roll-up costs when negotiating wage changes?
Why might union negotiators favor front-end loaded deferred wage increases? Are there potential drawbacks?
Why do you think profit-sharing and lump-sum provisions have increased in usage in recent years, whereas COLAs and wage reopeners have decreased in use?
Why have unions and employers negotiated more wage concessions in recent years?
1. Explain why you agree or disagree with the court's ruling that it did not commit an unfair labor practice by requiring unit drivers to continue to perform dispatch and telephone duties after
1. How is it relevant that the company's changed operation caused the substitution of fiberglass installation for foil?2. Do you agree with the arbitrator? Explain your answer.
1. As arbitrator, what would be your award and opinion in this arbitration? 2. Explain why the relevant provisions of the CBA as applied to the facts of this case dictate the award. 3. What actions
1. Did the company violate Article V by having employees begin and end their workdays at different times? 2. Would the union be able to make the same argument in this case if the schedule for the
1. The arbitrator would have sided with the school board if the contract had stated that the change in the number of required days was retroactive. Do you think such a provision would be fair? 2. Do
1. What was the significance of the before 1976 and after 1979 variability of employee performance noted in the arbitrator's decision? 2. Could the arbitrator have found for the union in this case on
1. Would you have advised Earl to take the test and still grieve the issue? 2. If the company had shown that it often required a test for promotions in the past, even if the most senior employee
1. Do you take this award to mean that if Zelda had been able to bump into the job in question, she might still have been removed from it later when management decided to add heavy work to the job
1. As the arbitrator in this case, would you have decided the union waived its right to negotiate changes in the Flextime Plan? Why? 2. How can the employer in this case justify its position of
1. The union claimed the employees lost a benefit when the company changed the use of compensatory time for illness. As the use was permitted if the employee had no sick leave available, how were the
1. Premiums for health insurance have had a tendency to increase appreciatively from year to year. Has the union negotiated a "good" benefit provision here? Explain. 2. Do you think that the union's
How can negotiators reduce health care costs and maintain good health care benefits?
Why does management dislike pyramiding of overtime?
In recent years, management negotiators have become more resistant to increases in private pension plan funding. Why?
Why might workers be ineligible for retirement funds from a private pension plan, although they have worked all their lives?
What is meant by "eligibility" in a holiday clause?
(a) Why do workers try to negotiate wage employment guarantees? (b) Supplemental Unemployment Benefits (SUB)?
Who is responsible for COBRA payments?
(a) What types of health care plans are normally negotiated? (b) How can a Health Maintenance Organization (HMO) be considered as an alternative to such plans? (c) What are the purposes of HMOs?
(a) Why do employees today place a high priority on paid time off? (b) How has the Monday holiday caused administrative problems? (c) How can holiday provision problems be minimized?
Which paid leaves of absence are usually provided by labor agreements?
1. Do you think the arbitrator should have decided the ability question or referred the issue back to the Pension Board? Explain. 2. Do you think a Pension Board should decide "disability" or
1. Explain why you agree or disagree with the court's decision. 2. Do you think the employer purposefully picked July 1 as the layoff date in order to not pay these employees one vacation week of pay?
1. As arbitrator, what would be your award and opinion in this arbitration? 2. Explain why the relevant provisions of the CBA as applied to the facts of this case dictate the award. 3. What actions
1. Did the company's action of withholding vacation pay illegally affect the employees' right to collectively bargain? Explain your answer. 2. Would you have reached a different decision if
1. Do you think the company would have paid the serious distress pay if the employee had been a woman instead of a man? 2. Do you agree with the arbitrator?
1. If this discount were not a "gratuity" outside the scope of the contract, what kind of things would be? 2. If the company had not eliminated the discounts but reduced it to 1 percent, would the
1. In view of the decision in this case, if the same situation arose again during the same contract, do you think an employee quitting at the end of January, after completing 100 days of work since
1. Should the claimant in this case be awarded maternity leave or not? 2. If the claimant only intended to take a six-month leave, why should it make any difference what kind of leave she was
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