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The Labor Relations Process 9th Edition William H Holley, Kenneth M Jennings, Roger S Wolters - Solutions
1. 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.
2. Should the merged product doctrine be applied in this case to declare that the union’s product picket action was unlawful?Explain your reasoning. A union engaged in a lawful economic strike against the Brown Bag Company(the primary employer) decided to establish a product picket line at the
1. Would the Stop and Shop grocery store in this case be classified as a neutral, secondary employer, or business ally of the Brown Bag Company? Explain your reasoning. A union engaged in a lawful economic strike against the Brown Bag Company(the primary employer) decided to establish a product
3. If the employer did propose a waiver of sympathy strike rights in the future, would this bargaining issue likely represent a high, medium, or low priority item for the union and its membership? Explain your reasoning. The employer operates two production facilities, one in Michigan and the other
2. When the current contract governing the Michigan plant expires, would you advise the employer to negotiate specific contract language as part of a no-strike agreement clearly waiving bargaining unit members’right to engage in a sympathy strike during the term of the labor agreement? Explain
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. The employer operates two
2. Did the company make a lawful reinstatement offer to the two employees, thus terminating the employer’s backpay liability after 15 days from their original termination date? Explain your reasoning. On September 13 two employees went on strike to protest their employer’s refusal to bargain in
1. Did the strike on September 13 by the two employees represent an economic or unfair labor practice strike? On September 13 two employees went on strike to protest their employer’s refusal to bargain in good faith. The two employees were approached on the picket line by the company’s manager
3. Did the employer unlawfully discharge the four truck drivers who never returned to work?Explain your reasoning. Seven of the employer’s 11 concrete truck drivers met several times during the week of September 16 to discuss their current wage rates, the lack of a medical insurance plan, and
2. What is the difference between the reinstatement rights of an unfair labor practice striker and an economic striker? Seven of the employer’s 11 concrete truck drivers met several times during the week of September 16 to discuss their current wage rates, the lack of a medical insurance plan,
1. Does the work stoppage by the truck drivers in this case represent an economic strike or an unfair labor practice strike? Seven of the employer’s 11 concrete truck drivers met several times during the week of September 16 to discuss their current wage rates, the lack of a medical insurance
4. Did the supervisors’ removal of the posted union material and threats to discipline union members for reposting the ‘‘Definition of a Scab’’ constitute an unfair labor practice under the LMRA? Explain your reasoning. On August 6, the collective bargaining agreement between the company
3. Since the union is already recognized as the exclusive bargaining unit representative and the new contract terms have been settled, how or why does Section (8)(a)(1)apply to this case? On August 6, the collective bargaining agreement between the company and the union expired. Two days later, the
2. Why was the union so insistent on having the ‘‘Definition of a Scab’’ posted on the bulletin board? On August 6, the collective bargaining agreement between the company and the union expired. Two days later, the union called a strike at the company’s facilities, including those at 3303
1. How does a union gain the right to use bulletin boards on a company’s premises? On August 6, the collective bargaining agreement between the company and the union expired. Two days later, the union called a strike at the company’s facilities, including those at 3303 Express Lane, St. Louis,
5. Definitions of Labor Terms. Search the Web to find the definitions of the following terms used in labor relations. Be sure to use a credible Internet source with a glossary of labor terms or check to see if your college or university has a subscription to an online encyclopedia. Wikipedia is not
4. Mediation. The Federal Mediation and Conciliation Service is an ‘‘independent agency whose mission is to preserve and promote labor-management peace and cooperation.’’ Locate the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes on the FMCS Web site.Check
3. Professional Sports Strikes and Lockouts. Return to the Web site for the Bureau of Labor Statistics.Search for the following articles written by Paul Staudohar and published in the Monthly Labor Review:‘‘The Baseball Strike of 1994–95’’ (March 1997)‘‘Labor Relations in Basketball:
2. Collective Bargaining and the U.S. Code. Title 29 is the section of the U.S. Code that contains Federal law on labor. Go to Cornell’s Legal Information Institute and search Title 29 for the following terms:picketing, strikes, advanced workplace practices.What is included in the list of unfair
1. Bureau of Labor Statistics Reports on Collective Bargaining. Go to the Collective Bargaining Agreements page on the BLS site and read the summary of the most recent annual Major Work Stoppages.Which strike created the most time lost for the year?
9. Reviewing the information presented in the ‘‘Labor Relations in Action’’ segment on the Goodyear strike, could the terms of the final contract settlement have been achieved by the parties without the union’s use of the economic strike tactic? Explain your reasoning.
8. Should employees engaged in lawful strike activity be protected from permanent replacement? Explain your reasoning.
7. Define and discuss the various types of economic pressure tactics union members may use during a primary labor dispute which could affect a secondary employer.
6. What are some potential costs or risks parties face during a work stoppage, and how may such costs or risks be reduced or minimized?
5. What types of preparation do management and union leaders need to engage in prior to a work stoppage?
4. To what extent would you agree or disagree with the following statement: ‘‘Strikes are an intrinsic and essential element of the collective bargaining process.’’ Explain your reasoning.
3. Why is interest arbitration used so infrequently in the private sector?
2. What specific qualities should a mediator possess?Why do these qualities facilitate impasse resolution?
1. Define the major types of third-party interest dispute resolution procedures. How do they differ, and how are they similar?
3. If you had been advising JTI on the safety bonus issue, would you have recommended the company retain half the bonus money for the purposes described by the company (i.e., buy safety equipment and pay for the annual Christmas party)? Why or why not? Bob Dale and Sam Brady were employed as truck
2. Was the decision by JTI to award only half of the safety bonus money available to its truck drivers a lawful employer decision? Bob Dale and Sam Brady were employed as truck drivers by Jackson Transportation Inc. (JTI) a nonunion firm engaged in interstate commerce. JTI provided transportation
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? Bob Dale and Sam Brady were employed as truck drivers by Jackson Transportation Inc. (JTI) a nonunion firm engaged in interstate commerce. JTI provided
4. What, if any, legitimate business interest of an employer is served by agreeing to a so-called work preservation agreement with one or more unions? Rocket Motor Corporation(RMC) entered into a project labor agreement with 17 local building trades’unions concerning a building remodeling project
3. Is it legitimate for a labor organization to negotiate a work preservation clause which seeks to encourage contractors to perform work on the job site using union labor by imposing an economic incentive not to outsource the work elsewhere to lower paid employees? Rocket Motor Corporation(RMC)
2. Was the project labor agreement only meant to apply to work performed on the job site as BE contends, or could the terms of the project labor agreement also be applied to offsite work as well as the Union contends? Rocket Motor Corporation(RMC) entered into a project labor agreement with 17
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? Rocket Motor Corporation(RMC) entered into a project labor agreement with 17 local building trades’unions
2. If an employer has some light-duty jobs in which individuals with injuries similar to Hand’s have been previously or are currently employed, could the employer be required to create such a job vacancy for Hand to fill in order to provide him with a reasonable accommodation under the ADA? Jack
1. Does Hand meet the legal definition of a qualified individual with a disability who, with a reasonable accommodation, could perform the essential job functions of the light-duty position he seeks with the firm? Jack Hand was employed as a pipefitter’s helper when he injured his back on the
4. Labor Unions and the ADA. Go to the Web site for the Institute for Legal Research at Cornell. In the Employment and Disability Institute Collection, search for the document, ‘‘The ADA and Collective Bargaining Issues’’ and find out the obligations that unions have under the Americans
3. Electronic Monitoring. Following is a sampling of Web pages that offer publications on videotaping and use of e-mail and electronic communications as a way to monitor the activity of employees in the workplace.Go to the Web site of the American Civil Liberties Union (ACLU) and search for the
2. Safety and Health. Summarize the opinion from the Supreme Court case in 1991 involving Johnson Controls, Inc., United Automobile workers, and other unions (499 U.S. 1817). To locate the opinion, use the Supreme Court Collection at Cornell’s Legal Information Institute or the Oyez Web site.What
1. WARN. What is the WARN Act and when was it enacted? Under what circumstances is an employer not required to give notice of a plant closing?Where in the Code of Regulations may the regulations resulting from the Act be found? Use the Web site of the U.S. Department of Labor to answer these
8. Consider an organization with which you are familiar. What are some actions that could be taken on various jobs to reasonably accommodate an employee with a disability without causing undue hardship to the employer or unreasonably infringing on the collective bargaining rights of other
7. To what extent are labor laws, such as those discussed in this chapter, still necessary today?What changes might occur if such laws were repealed?
6. Who has the responsibility of ensuring a safe and healthy work environment? Should it be the employer, union, employees, or government?
5. Explain why unions often place a priority on seniority in personnel decisions, whereas employers tend to emphasize ability to perform the job.
4. Discuss some of the advantages and disadvantages of using seniority as a factor to determine shift preference or overtime assignments.
3. Discuss the advantages and disadvantages of offshoring jobs.
2. 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?
1. Why do unions’ reactions to technological change vary in accordance with their industry affiliation?
C. If asked to perform the same ranking task from an employer’s perspective, would your rankings change and if so, how or why?
B. List the factors that were most important to you in determining your ranking priorities among the benefits listed above (e.g., age, sex, current job, prior work experience, marital status, number of dependents, expected time period until retirement, or knowledge of employment conditions at other
A. From an employee’s perspective, rank order the importance of the following employee benefits as a part of a compensation plan where 1 ¼ the most important benefit and 16 ¼ the least important benefit. Employee assistance plan Defined benefit pension plan Defined contribution pension plan
2. If an employer were found guilty of bad-faith bargaining in a case like this, should employees be entitled to a back-pay remedy? If so, how could the NLRB determine the appropriate amount to be awarded? For a three-year period the employer granted no wage increases to employees due to 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. For a three-year period the employer granted no wage increases to employees due to the
4. Does the employer have a legal right to implement the change to a new insurance carrier (medical insurance plan) in this case without bargaining with the union? Why or why not? The employer designs, installs, and maintains private telephone systems for customers.Employees in the bargaining unit
3. Is it the union’s job to represent the views of the majority of its members to management or try to change union member’s views to be consistent with management’s preferred business strategy? The employer designs, installs, and maintains private telephone systems for customers.Employees in
2. In your opinion, was it reasonable for employees to oppose the new insurance plan because they perceived the prescription drug benefit would shift substantial new cost to them compared to the existing (old) plan? Explain your reasoning. The employer designs, installs, and maintains private
1. In your opinion, was management’s request to change the insurance carrier (plan) reasonable?Explain your reasoning. The employer designs, installs, and maintains private telephone systems for customers.Employees in the bargaining unit have been represented for many years by the union.The
2. Circuit City employees are not represented by a labor organization and have no collective bargaining contract specifying terms and conditions of employment. How might Circuit City’s labor cost-cutting strategy be affected if its retail employees were union members in a bargaining unit covered
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? InMarch 2007, the second largest
4. Gain Sharing. Locate a working paper, ‘‘Productivity Gainsharing’’ by C. Bernolak on the Web site of the International Labour Organization and scan down to Chapter 3. Define ‘‘gain sharing’’ and discuss the histories and differences in the four basic types: Scanlon Plan, Rucker
3. NCS and OPR. Find the latest National Compensation Survey (NCS) published by the U.S. Department of Labor. What is the Employment Cost Index and when and why was it developed? In March 2007, what was the figure for the average employer costs for employee compensation per hour worked. What
2. Comparable Worth. Deborah Walker, a research fellow at the Center for the Study of Market Processes at George Mason University, presents an argument against comparable worth policies in an article published on the Cato Institute Web site.The Cato Institute is a nonpartisan public policy research
1. Sources of Economic Data. It is important to know how to find information on economic indicators that affect wages and benefits. Using the Web site for the Bureau of Labor Statistics, answer the following questions.What was the annual inflation rate at the end of 2006? (Remember that the
9. 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?
8. 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
7. 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.
6. 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?
5. 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?
4. For each of the wage criteria given in the chapter, state the union’s expected arguments and management’s expected counter-arguments, given the following conditions:a. High profits, a growing firm, a healthy economy, and the cost of living rising at four percent per year.b. Low profit, sales
3. 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
2. Explain why job evaluation plans must take into consideration external and internal factors if they are to be successful.
1. List the main factors that may help to explain the wage differential between three jobs in an organization with which you are familiar.
2. Did the company’s refusal to bargain over the decision to relocate the hog-kill-and-cut operation from the Nebraska plant to a new plant in Illinois violate the employer’s duty to bargain in good faith? If so, what should be the appropriate remedy? Explain your reasoning. The employer
1. What is the difference between so-called decision bargaining and effects bargaining? The employer operates a meat slaughtering, processing, and packing business at several U.S. plant locations, including Hog Heaven, Nebraska, where this labor dispute occurred. The company and union have been
1. Does the Company’s refusal to furnish the Union a copy of the RFP document represent a violation of the duty to bargain in good faith under Sec. 8 (a) (5) and (1) of the LMRA, as amended? If so, what should be the appropriate remedy? The employer operates a large electrical utility company
3. Did management’s unilateral implementation of the two new work rules without providing the union with prior notice or an opportunity to bargain constitute a violation of the duty to bargain in good faith under the LMRA, as amended? If so, what should be the appropriate remedy? Over the years,
2. Which, if any, of the two new rules involve a mandatory subject of bargaining? Explain your reasoning. Over the years, the company had unilaterally implemented several plant rules (e.g., use of company telephones, excused absences from work), including the following two rules:1. Perfect
1. What is the purpose of a zipper clause? Over the years, the company had unilaterally implemented several plant rules (e.g., use of company telephones, excused absences from work), including the following two rules:1. Perfect attendance—All employees who have a perfect attendance record in a
3. Was management’s refusal to bargain over the subject of surveillance camera usage in the workplace a violation of the duty to bargain in good faith under the LMRA, as amended? If so, what should be the appropriate remedy? Discuss the merits of the parties’ respective positions in this case.
2. Can a union waive its right to bargain over a mandatory subject of bargaining? The company and union have had a bargaining relationship for more than 20 years. On July 11, bargaining unit member Allan Engle was performing his assigned work duties of cleaning the bathroom on the second floor of
1. What is a mandatory subject of bargaining? The company and union have had a bargaining relationship for more than 20 years. On July 11, bargaining unit member Allan Engle was performing his assigned work duties of cleaning the bathroom on the second floor of the company’s administrative
Who has authority on behalf of the employer to grant or deny an employee’s funeral leave request? Taking into consideration the relevant interests of your assigned role and the advice contained in Exhibit 6.3, prepare a written bargaining proposal to establish a funeral leave policy
How far in advance must an employee request funeral leave to cover a period of absence from work?Taking into consideration the relevant interests of your assigned role and the advice contained in Exhibit 6.3, prepare a written bargaining proposal to establish a funeral leave policy
What is the procedure an employee must follow to request funeral leave?Taking into consideration the relevant interests of your assigned role and the advice contained in Exhibit 6.3, prepare a written bargaining proposal to establish a funeral leave policy
Must an employee offer any proof to verify a death has occurred in order to receive funeral leave? If so, what type of evidence or proof would be acceptable?Taking into consideration the relevant interests of your assigned role and the advice contained in Exhibit 6.3, prepare a written bargaining
Must an employee actually attend the funeral in order to receive funeral leave? If so, what might constitute adequate proof of an employee’s attendance at a funeral?Taking into consideration the relevant interests of your assigned role and the advice contained in Exhibit 6.3, prepare a written
If paid leave is granted for a specified period of time, could an employee extend their leave time by using either other paid-leave time (e.g., vacation days, holidays, sickleave days) or by using unpaid-leave days?Taking into consideration the relevant interests of your assigned role and the
Should funeral leave be granted upon the death of a ‘‘domestic partner,’’ ‘‘significant other,’’ or ‘‘personal friend’’?Taking into consideration the relevant interests of your assigned role and the advice contained in Exhibit 6.3, prepare a written bargaining proposal to
Whose death would qualify as an occurrence permitting an employee to take funeral leave? Be sure to be specific when defining terms such as ‘‘immediate family member’’or ‘‘relative.’’Taking into consideration the relevant interests of your assigned role and the advice contained in
Will part-time employees qualify to receive the funeral leave benefit? Taking into consideration the relevant interests of your assigned role and the advice contained in Exhibit 6.3, prepare a written bargaining proposal to establish a funeral leave policy
Will time off from work for funeral leave be paid or unpaid? If paid, at what rate of pay?Taking into consideration the relevant interests of your assigned role and the advice contained in Exhibit 6.3, prepare a written bargaining proposal to establish a funeral leave policy
How many days (hours) of funeral leave will be provided? Taking into consideration the relevant interests of your assigned role and the advice contained in Exhibit 6.3, prepare a written bargaining proposal to establish a funeral leave policy
3. Auto Industry and Collective Bargaining. Listen to audio clips from National Public Radio on the 2007 United Auto Workers’ (UAW) negotiations with the Big Three in the automobile industry. On the UAW site, explore articles on the negotiations in ‘‘Solidarity Magazine.’’ Then go to the
2. Bankruptcy and Collective Bargaining. The Bildisco decision is a landmark Supreme Court case dealing with bankruptcy and collective bargaining.Use the Oyez Web site to read the opinion and discuss the significance of the case. Search for other cases involving bankruptcy and collective bargaining
1. Definitions. How does the U.S. Department of Labor define ‘‘collective bargaining’’? Check the Glossary on the Department of Labor’s Web site.Find a good definition of ‘‘good-faith bargaining’’in the online glossary of the U.S. Office of Personnel Management.Go to the
6. 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?
5. 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.
4. Identify some sources of information a union or management negotiator could consult to get timely and relevant information about the following:a. recent bargaining settlements in a particular industryb. current wage rates for specific types of labor in a specific geographic areac. health care
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