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The Labor Relations Process 9th Edition William H Holley, Kenneth M Jennings, Roger S Wolters - Solutions
4. What are the five special features of the Japanese system? Why haven’t these features been widely adopted in the United States?
3. 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?
2. Explain why labor unions in many Central American countries have developed more slowly than those in the United States.
1. 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.
8. Weigh the evidence and consider the burden of proof and the levels of proof. Be the arbitrator and support your decision. This matter of arbitration stems from an indictment of Thomas Allen for one count of arson–first degree and ten counts of burglary in Quitman County, Mississippi, on March
7. What level of proof should be used in this matter? Why? This matter of arbitration stems from an indictment of Thomas Allen for one count of arson–first degree and ten counts of burglary in Quitman County, Mississippi, on March 28, 1999.In a letter dated March 30, 1999, Billy Como, postmaster,
6. Should the Union be allowed to provide‘‘character’’ witnesses on behalf of Mr. Allen?If so, why? If not, why not? This matter of arbitration stems from an indictment of Thomas Allen for one count of arson–first degree and ten counts of burglary in Quitman County, Mississippi, on March
5. Did the Postal Service act appropriately when it did not grant Mr. Bolton’s (attorney for Mr. Allen) request for information relevant to Mr. Allen’s Grievance? If so, explain. If not, explain. This matter of arbitration stems from an indictment of Thomas Allen for one count of arson–first
4. Does it make any difference that Mr. Allen is employed in the public sector, instead of the private sector? Give your reasoning.This matter of arbitration stems from an indictment of Thomas Allen for one count of arson–first degree and ten counts of burglary in Quitman County, Mississippi, on
3. How much weight should be given to the following:a. Mr. Como’s testimony that he did not make the decision to remove Allenb. Ms. Balk’s testimony that Mr. Allen has restored the burned cabinc. The district attorney has not taken the case to triald. The support from Allen’s customers and
2. Distinguish between arrests, indictments, and convictions. This matter of arbitration stems from an indictment of Thomas Allen for one count of arson–first degree and ten counts of burglary in Quitman County, Mississippi, on March 28, 1999.In a letter dated March 30, 1999, Billy Como,
1. Explain the principle of ‘‘nexus’’ as it applies to off-duty misconduct. How does it apply in this case? This matter of arbitration stems from an indictment of Thomas Allen for one count of arson–first degree and ten counts of burglary in Quitman County, Mississippi, on March 28,
4. You be the arbitrator. How will you rule?Give your reasoning. At the Coral Gables VA Medical Center, the position for Gardener Leader PD#086550, WL-5003-08, Engineering & Construction Dept. FAC was posted with an opening date of June 12, 2006, and closing date of June 30, 2006. Mr. Mike Box,
3. If there is a contract violation found and the arbitrator sustains Mr. Mitchell’s Grievance, should he be promoted and receive back pay for the failure to promote him?Why? Why not? At the Coral Gables VA Medical Center, the position for Gardener Leader PD#086550, WL-5003-08, Engineering &
2. Since the Priority Consideration under Article 22, Section 13 is included by the parties as a solution to a selection violation, is this priority selection the proper remedy? Why? Why not? At the Coral Gables VA Medical Center, the position for Gardener Leader PD#086550, WL-5003-08, Engineering
1. Which party has the burden of proof in this case? Which level of proof will be used? At the Coral Gables VA Medical Center, the position for Gardener Leader PD#086550, WL-5003-08, Engineering & Construction Dept. FAC was posted with an opening date of June 12, 2006, and closing date of June 30,
4. Bureau of Labor Statistics on Work Stoppages in the Public Sector. The BLS reports ‘‘major work stoppages,’’ which include worker-initiated strikes and lockouts by their employers involving 1,000 workers or more. What percentage of the total work stoppages in 2006 occurred in the public
3. Labor Relations and Teachers. Locate and read David Denholm’s ‘‘The Impact of Unionism on the Quality of Education’’ as well.The Education Policy Institute in Washington, D.C., provides links to information on teacher unions. What are some of the differences between the National
2. Articles on Public-Sector Unionism. The Public Service Research Foundation, a private nonprofit organization, makes available papers and pamphlets that ‘‘address a variety of issues related to public-sector unionism and union influence on public policy.’’ Locate the article, ‘‘Beyond
1. Federal-Sector Labor Relations Legislation. The Federal Labor Relations Authority is an independent agency responsible for administering the labor management relations program for Federal non-postal employees. Go to the Web site of the Authority and find the section that describes the purpose of
9. 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?
8. Should public employees have the same right to strike as private-sector employees are granted under the Labor Management Relations Act? Why or why not?
7. Why does the federal government have multiple labor management relations models?
6. What are some possible advantages or disadvantages of expanding the scope of bargaining in the federal sector to include issues such as wages and benefits?
5. What are the advantages of ‘‘Night Baseball’’arbitration over conventional interest arbitration and FOS arbitration?
4. Describe the different types of impasse-resolution procedures used in the public sector and discuss the relative effectiveness of each.
3. Explain why some states do and other states do not have a public-sector bargaining law or laws that cover some public employees but not others.
2. 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.
1. Think of a public organization with which you are familiar. Explain how it differs from a private company in terms of the following:a. Nature of its serviceb. Relationship between its budget and collective bargaining processesc. Bargaining structure and decision-making processesd. Negotiable
4. Should this suspension be upheld? Explain. TerryWilliams is an employee at a unionized plant in Memphis, Tennessee.Williams is a member of and represented by Local #10 of the United Brotherhood of America.Williams clocked out on Friday afternoon at 3:30 P.M., half an hour before his regular
3. What would be your ruling if the plant in Memphis had no union? Explain. TerryWilliams is an employee at a unionized plant in Memphis, Tennessee.Williams is a member of and represented by Local #10 of the United Brotherhood of America.Williams clocked out on Friday afternoon at 3:30 P.M., half
2. To what remedy is an employee entitled if his or her rights have been violated? TerryWilliams is an employee at a unionized plant in Memphis, Tennessee.Williams is a member of and represented by Local #10 of the United Brotherhood of America.Williams clocked out on Friday afternoon at 3:30 P.M.,
1. Was Williams entitled to have a witness at the meeting with Harless, Gray, and Fisher? Explain. TerryWilliams is an employee at a unionized plant in Memphis, Tennessee.Williams is a member of and represented by Local #10 of the United Brotherhood of America.Williams clocked out on Friday
6. You be the arbitrator. You decide and give your reasoning. On March 27, 1998, the Company, the Union, and Mr. Danny Webb, the Grievant, entered into and signed the following Agreement:Without precedent, the Company, the Union, and Mr. Danny Webb agree to the following:1. Mr. Webb has reached the
5. What are the mitigating factors in this case? Should the arbitrator consider these mitigating factors in reviewing the penalty assessed by the Company? On March 27, 1998, the Company, the Union, and Mr. Danny Webb, the Grievant, entered into and signed the following Agreement:Without precedent,
4. What proof does the Company have that the Grievant did what he was accused of? On March 27, 1998, the Company, the Union, and Mr. Danny Webb, the Grievant, entered into and signed the following Agreement:Without precedent, the Company, the Union, and Mr. Danny Webb agree to the following:1. Mr.
3. Is the length of the probationary period in the last chance agreement reasonable?If not, does this period make the last chance agreement unreasonable? On March 27, 1998, the Company, the Union, and Mr. Danny Webb, the Grievant, entered into and signed the following Agreement:Without precedent,
2. Does a last chance agreement limit the arbitrator’s authority? If so, how? If not, why not? On March 27, 1998, the Company, the Union, and Mr. Danny Webb, the Grievant, entered into and signed the following Agreement:Without precedent, the Company, the Union, and Mr. Danny Webb agree to the
1. What is a last chance agreement? On March 27, 1998, the Company, the Union, and Mr. Danny Webb, the Grievant, entered into and signed the following Agreement:Without precedent, the Company, the Union, and Mr. Danny Webb agree to the following:1. Mr. Webb has reached the discharge step for
5. You be the arbitrator. Should the Grievance be sustained or denied? Explain your reasoning. Background On March 30, 2006, David Gates was arrested and charged with felony Conspiracy to Distribute Schedule II Narcotics and Felony Possession of Schedule VI Marijuana.In a letter dated March 31,
4. Should the Company’s offer to pay back pay and to restore seniority and benefits if Gates is found not guilty be considered by the arbitrator? Why or why not? Background On March 30, 2006, David Gates was arrested and charged with felony Conspiracy to Distribute Schedule II Narcotics and
3. What type of evidence are the e-mails received from employees about Gates’s on-duty behavior? Should this evidence be considered by the arbitrator? Why or why not? Background On March 30, 2006, David Gates was arrested and charged with felony Conspiracy to Distribute Schedule II Narcotics and
2. What is the rule about off-duty conduct in regard to employee discipline? Background On March 30, 2006, David Gates was arrested and charged with felony Conspiracy to Distribute Schedule II Narcotics and Felony Possession of Schedule VI Marijuana.In a letter dated March 31, 2006 Mr. Jamie
1. Which party has the burden of proof in this case? Why? Background On March 30, 2006, David Gates was arrested and charged with felony Conspiracy to Distribute Schedule II Narcotics and Felony Possession of Schedule VI Marijuana.In a letter dated March 31, 2006 Mr. Jamie Calvin, plant manager,
5. Work Rules. CCH, a Wolters Kluwer company, provides a business owner’s toolkit through their Tax and Accounting service. CCH is a leading provider of business, legal, and tax information. Locate the sample work rules provided by CCH. Work rules established by management must be clear and
4. Seven Tests for Just Cause. A common test for determining whether just cause exists for imposing disciplinary actions was developed by arbitrator Carroll Daugherty in 1966. The standard is known as ‘‘The Seven Tests for Just Cause.’’ Go to the Web site of the International Brotherhood of
3. Employment Discrimination. The Legal Information Institute at Cornell has an excellent Web site that allows for searching federal and state statutes and case law and provides additional Web links by subject. Search on ‘‘employment discrimination’’and find a recent Supreme Court case.You
2. Evidence in Disciplinary Cases. The OYEZ Project is a multimedia archive devoted to the Supreme Court of the United States and its work. According to the OYEZ Web site, it ‘‘aims to be a complete and authoritative source for all audio recorded in the Court since the installation of a
1. Wrongful Discharge. A reference is made in this chapter to a RAND study on the economic consequences of wrongful termination. Find an abstract of the study on RAND’s Web site. What effect does the abstract indicate that fear of wrongful termination suits could have on managers? Go
6. 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.
5. 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.
4. Indicate the comparative advantages and disadvantages of a disciplinary price list (see Exhibit 12.3 on pg. 531) of disciplinary prerogatives in the labor agreement and a onesentence contractual provision indicating‘‘management has the right to discipline or discharge an employee for
3. 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.’’
2. 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
1. Why is discipline the most significant issue for the union and management organizations? Describe how this significance has shifted over time.
5. You are the arbitrator. What is your decision?Why? This matter of arbitration stems from a bid on a job posting for the extra-hand position in the Technical Department on August 5, 2004. Ms. Pat Boone was notified that she was the senior bidder and was required to take a Work Keys test. Ms.
4. If the Union alleged that the Work Keys Assessment was not valid, which party would have to prove the validity? This matter of arbitration stems from a bid on a job posting for the extra-hand position in the Technical Department on August 5, 2004. Ms. Pat Boone was notified that she was the
3. Does it matter which type of assessment is used by the Company? This matter of arbitration stems from a bid on a job posting for the extra-hand position in the Technical Department on August 5, 2004. Ms. Pat Boone was notified that she was the senior bidder and was required to take a Work Keys
2. Evaluate the Union’s past practice argument. This matter of arbitration stems from a bid on a job posting for the extra-hand position in the Technical Department on August 5, 2004. Ms. Pat Boone was notified that she was the senior bidder and was required to take a Work Keys test. Ms. Boone
1. Which party has the burden of proof? Which level of proof will be used? Why? This matter of arbitration stems from a bid on a job posting for the extra-hand position in the Technical Department on August 5, 2004. Ms. Pat Boone was notified that she was the senior bidder and was required to take
5. Be the Arbitrator. How would you rule? Give your reasons. During September 2005, the parties were negotiating the Labor Agreement due to expire on October 31, 2005. The Union had proposed to add Martin Luther King, Jr.’s birthday and Memorial Day as non-work holidays. The Company countered
4. Should the holiday pay be included in the category of ‘‘wages and benefits’’? During September 2005, the parties were negotiating the Labor Agreement due to expire on October 31, 2005. The Union had proposed to add Martin Luther King, Jr.’s birthday and Memorial Day as non-work
3. Evaluate theCompany’s argument that the parties agreed to make the effective date retroactive. During September 2005, the parties were negotiating the Labor Agreement due to expire on October 31, 2005. The Union had proposed to add Martin Luther King, Jr.’s birthday and Memorial Day as
2. Evaluate the Union’s argument that, since George Washington’s birthday holiday had occurred before the Agreement was ratified, employees were entitled to holiday pay. During September 2005, the parties were negotiating the Labor Agreement due to expire on October 31, 2005. The Union had
1. Which party has the burden of proof in this case? Which level of proof will be used? Why? During September 2005, the parties were negotiating the Labor Agreement due to expire on October 31, 2005. The Union had proposed to add Martin Luther King, Jr.’s birthday and Memorial Day as non-work
5. Be the arbitrator. How do you rule? Why? This matter of arbitration stems from the following grievance: ‘‘The Company has unilaterally eliminated all janitor jobs and did not honor the contract.After foundry janitor jobs were evaluated, the Company informed the Union in a job evaluation
4. When a company contracts out work formerly performed by bargaining unit employees, is the company violating the recognition clause of the Labor Agreement? This matter of arbitration stems from the following grievance: ‘‘The Company has unilaterally eliminated all janitor jobs and did not
3. Develop some general guidelines for companies to retain the right to contract out bargaining unit work. This matter of arbitration stems from the following grievance: ‘‘The Company has unilaterally eliminated all janitor jobs and did not honor the contract.After foundry janitor jobs were
2. Is this case a matter of ‘‘good faith’’ on the part of the Company or a contract interpretation issue? Why? Why not? This matter of arbitration stems from the following grievance: ‘‘The Company has unilaterally eliminated all janitor jobs and did not honor the contract.After foundry
1. Which party has the burden of proof?Which level of proof should be used?Why? This matter of arbitration stems from the following grievance: ‘‘The Company has unilaterally eliminated all janitor jobs and did not honor the contract.After foundry janitor jobs were evaluated, the Company
4. American Arbitration Association. The Web site for the American Arbitration Association provides information on labor arbitration procedures and techniques as well as law and regulations. To find the statute on dispute resolution for your state, go to the Association’s Web site, click on the
3. Arbitration and Title VII of the Civil Rights Act.The U.S. Court of Appeals for the Ninth Circuit ruled in 1998 that employees cannot be required, as a condition of employment, to arbitrate claims brought under Title VII of the Civil Rights Act. To read a discussion of the case, go to the Web
2. Steelworkers’ Trilogy. Using GPO Access or Findlaw, locate the three Supreme Court cases that are commonly referred to as the Steelworkers’Trilogy. Why are the cases important to labor arbitration?United Steelworkers v. American Manufacturing(363 US 564)United Steelworkers v. Warrior and
1. Federal Mediation and Conciliation Service. The Federal Mediation and Conciliation Service(FMCS) was created by Congress in 1947 as an independent agency to the U.S. government and, according to the FMCS Web site, was ‘‘given the mission of preventing or minimizing the impact of
9. Do you believe that labor unions should use the benefits of labor arbitration as part of the union’s strategy to recruit new members? Give your reasons.
8. After reviewing Exhibit 11.9, would you rather be in an environment of labor arbitration or employment arbitration? Why? Why not?
7. Discuss the following: ‘‘The refusal to use grievance mediation as a step prior to arbitration illustrates the stubbornness of many union and management officials.’’
6. Cite and defend three specific methods you would use to make the typical arbitration procedure more effective. Also indicate the advantages and disadvantages of your suggestions.
5. Discuss two decision-making guidelines used by arbitrators, furnishing specific examples (not mentioned in the text) of how these guidelines apply.
4. Why are arbitrators’ decisions usually lengthy when one sentence could indicate who was right and wrong?Your discussion of this question should include the purposes of arbitration and advantages, as well as disadvantages of an extensive arbitrator decision.
3. Discuss the similarities and differences between 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.
2. The Steelworkers’ Trilogy greatly enhanced the arbitrator’s authority when compared with previous years, yet it 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
1. How did World War II and the National War Labor Board greatly expand the use of arbitration?
4. Has the Union in this case met its fair representation obligation? Explain. On August 15, employees Billie Green, Mary Swallows, Betty Jones, and Edie Barnett lunched together in the company’s parking lot.The discussion centered on Barnett’s pending grievance concerning her recently
3. When has the Union met its obligation of fair representation? On August 15, employees Billie Green, Mary Swallows, Betty Jones, and Edie Barnett lunched together in the company’s parking lot.The discussion centered on Barnett’s pending grievance concerning her recently completed
2. What is meant by the union’s duty of fair representation? On August 15, employees Billie Green, Mary Swallows, Betty Jones, and Edie Barnett lunched together in the company’s parking lot.The discussion centered on Barnett’s pending grievance concerning her recently completed layoff.Green,
1. What are nonunion employee rights under the LMRA? On August 15, employees Billie Green, Mary Swallows, Betty Jones, and Edie Barnett lunched together in the company’s parking lot.The discussion centered on Barnett’s pending grievance concerning her recently completed layoff.Green, a nonunion
5. Decide whether the Grievance is arbitrable. If so, why? If not, why? Issue Was the grievance filed by Clinton Rowlett on May 5, 1996 processed in a timely manner in accordance with Section II of the labor agreement?Background OnMay 2, 1996, drivers of Delta Timberlands Corporation (the Company)
4. Assess the relative strengths of each party’s position. Issue Was the grievance filed by Clinton Rowlett on May 5, 1996 processed in a timely manner in accordance with Section II of the labor agreement?Background OnMay 2, 1996, drivers of Delta Timberlands Corporation (the Company) were
3. Would the issue of whether the case was arbitrable be considered procedural or substantive?Why? Issue Was the grievance filed by Clinton Rowlett on May 5, 1996 processed in a timely manner in accordance with Section II of the labor agreement?Background OnMay 2, 1996, drivers of Delta Timberlands
2. Assess the meaning of the last sentence in the Grievance procedure that states: ‘‘The time limits on the various steps of the grievance and arbitration procedures will be suspended during economic shutdowns and repair shutdowns.’’ Issue Was the grievance filed by Clinton Rowlett on May
1. To what degree does the Grievance procedure in this case meet the requirements for an effective Grievance procedure? Issue Was the grievance filed by Clinton Rowlett on May 5, 1996 processed in a timely manner in accordance with Section II of the labor agreement?Background OnMay 2, 1996, drivers
4. Grievance Mediation and the EEOC. Mediation is a form of Alternative Dispute Resolution (ADR)that is offered by the U.S. Equal Employment Opportunity Commission (EEOC) as an alternative to the traditional investigative or litigation process.According to the EEOC, mediation is an informal process
3. Alternative Dispute Resolution and the USPS.The United States Postal Services alternative dispute resolution mediation program, REDRESS (Resolve Employment Disputes, Reach Equitable Solutions Swiftly) is recognized as one of the country’s leading conflict resolution programs, according to the
2. Shop Stewards. Find the section of the Web site for the International Brotherhood of Electrical Workers (IBEW) that discusses the rights of shop stewards. What are the ‘‘Weingarten rules’’ mentioned in the list of rights and why are they important to include in the discussion on shop
1. Examples of Union Grievance Procedures. The Oil, Chemical and Atomic Workers International Union (OCAW) and the United Paperworkers International Union (UPIU) merged in 1999 to form PACE, the Paper Allied-Industrial, Chemical and Energy Workers International Union. In 2005 the United
5. Briefly discuss the broad judicial guidelines concerning unions’ fair representation obligations to members. Also discuss the reasoning behind these obligations, furnishing some appropriate examples.
4. Why is it difficult for union and management officials to resolve each grievance on its own merits?
3. 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.
2. Discuss two reasons grievances might be filed, furnishing examples of these reasons other than those found in the text.
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