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The Labor Relations Process 9th Edition William H Holley, Kenneth M Jennings, Roger S Wolters - Solutions
3. 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
2. Using the information provided in the Labor Relations in Action segment on auto industry bargaining, analyze the relative bargaining power of union and management in those negotiations. What factors appear to increase each party’s bargaining power or weaken their bargaining power and why?
1. What are some situations in which management or the union would prefer centralized bargaining? In what situations might both prefer centralized bargaining? Discussion should take into account specific legal considerations affecting centralized bargaining.
6. How should the NLRB rule? Do the oral or written statements made by employer representatives during a representation election campaign contain any unlawful threats or implied promises of benefit in violation of Section 8(a)(1) of the LMRA?In early June, the Union filed a petition with the NLRB
5. Develop some guidelines for managers who may be talking with employees about the Union during an organizing campaign. Do the oral or written statements made by employer representatives during a representation election campaign contain any unlawful threats or implied promises of benefit in
4. Should the NLRB give consideration to its ‘‘Totality of Conduct’’ doctrine in reaching a conclusion about the alleged violations in this case? Explain your answer. Do the oral or written statements made by employer representatives during a representation election campaign contain any
3. Did the questioning or statements by either supervisor Bates or supervisor Lofton constitute unlawful interrogation in violation of Section 8(a)(1) of the act?Why or why not? Do the oral or written statements made by employer representatives during a representation election campaign contain any
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? Do the oral or written statements made by employer representatives during a representation election campaign contain any unlawful threats or implied promises of
1. Do these employer statements constitute an unlawful threat in violation of Section 8(a)(1) of the LMRA? Why or why not? Do the oral or written statements made by employer representatives during a representation election campaign contain any unlawful threats or implied promises of benefit in
2. Would the Employer’s no-solicitation policy prohibit the two nonemployee union organizers from entering the hospital’s property anywhere at any time? In October, the Union began an organizing drive involving nursing personnel employed at the Medco Hospital (the Employer).In November,
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? In October, the Union began an organizing drive involving nursing personnel employed at the Medco Hospital (the Employer).In November,
4. In this case, did the Employer unlawfully deny union supporters access to use company bulletin boards for Union solicitation purposes? Explain your reasoning. The Employer operates a merchandise catalog distribution center in Wichita, Kansas, employing 1,000 workers.The Union began an organizing
3. If there are company-provided bulletin boards at the workplace, does the Employer have a right to restrict the purpose or type of material that can be posted on such boards? The Employer operates a merchandise catalog distribution center in Wichita, Kansas, employing 1,000 workers.The Union
2. If an Employer did not provide bulletin boards at the workplace, would employees have a right to provide and mount their own bulletin boards? The Employer operates a merchandise catalog distribution center in Wichita, Kansas, employing 1,000 workers.The Union began an organizing campaign among
1. Is an Employer required to have bulletin boards at the workplace? The Employer operates a merchandise catalog distribution center in Wichita, Kansas, employing 1,000 workers.The Union began an organizing campaign among distribution center employees. For many years, the Employer has published an
3. Did the Union’s broadcast violate the captiveaudience rule? If so, should the results of the election be overturned and a rerun election scheduled? Why or why not? Acoustical Enterprises (the Employer)manufactures commercial acoustic soundproofing material at a plant in Echo, South Dakota. On
2. Why does the Employer typically have a significant advantage over a Union in conveying its message during a representation election campaign? Acoustical Enterprises (the Employer)manufactures commercial acoustic soundproofing material at a plant in Echo, South Dakota. On December 20, the Union
1. Review the captive-audience, 24-hour rule.Should the rule apply in this case, although the Union was not on the Employer’s property and had no legal authority to require employeeswho were on the employer’s property to listen to the Union’s broadcasts? Acoustical Enterprises (the
5. How will the NLRB rule?On the day before the Union election, the Union hosted a free picnic luncheon for employees during the first and second shifts’meal breaks in a parking lot adjacent to the Young Skin’s plant. At the picnic, the Union took 88 snapshots. During the luncheon, union
4. Did the Union interfere with the outcome of the election by taking the photographs at the picnic? Why or why not?On the day before the Union election, the Union hosted a free picnic luncheon for employees during the first and second shifts’meal breaks in a parking lot adjacent to the Young
3. Did the Union interfere with the outcome of the election by offering the T-shirts? Why or why not? On the day before the Union election, the Union hosted a free picnic luncheon for employees during the first and second shifts’meal breaks in a parking lot adjacent to the Young Skin’s plant.
2. Compare the present case to the following ones: NLRB v. Savair Mfg. Co., 414 U.S. 270(1973); 84 LRRM 2929 (1973) Pepsi Cola Bottling Co., 289 NLRB 736(1988); 128 LRRM 1275 (1988) Mike Yurosek & Sons, Inc., 292 NLRB 1074(1989); 130 LRRM 1308 (1989)On the day before the Union election, the
1. Must illegal conduct occur to overturn the results of a Union representation election? On the day before the Union election, the Union hosted a free picnic luncheon for employees during the first and second shifts’meal breaks in a parking lot adjacent to the Young Skin’s plant. At the
3. How should the NLRB rule? Give your reasons. DCP manufactures data collection products. The chief operational officer is Barry Marks. Larry Leiner is one of 23 employees located in two buildings and was hired in April 2005 as a ‘‘software engineer’’ who prepared computer programs.On
2. Were Leiner’s actions considered a protected activity under the Labor Management Relations Act? DCP manufactures data collection products. The chief operational officer is Barry Marks. Larry Leiner is one of 23 employees located in two buildings and was hired in April 2005 as a ‘‘software
1. Was this matter within the jurisdiction of the National Labor Relations Board? DCP manufactures data collection products. The chief operational officer is Barry Marks. Larry Leiner is one of 23 employees located in two buildings and was hired in April 2005 as a ‘‘software engineer’’ who
3. How should the NLRB rule? Give your reasons. Wingfield Hotel operates a 250-room downtown hotel in Santa Fe.The Company recognized the Union in 2007, pursuant to a card-check agreement.The parties had negotiated, but not yet executed, a collective bargaining agreement.The Company markets itself
2. To what extent do employees have the right to express their support for the Union on the job? Wingfield Hotel operates a 250-room downtown hotel in Santa Fe.The Company recognized the Union in 2007, pursuant to a card-check agreement.The parties had negotiated, but not yet executed, a collective
1. Discuss the burden of proof in this case. Wingfield Hotel operates a 250-room downtown hotel in Santa Fe.The Company recognized the Union in 2007, pursuant to a card-check agreement.The parties had negotiated, but not yet executed, a collective bargaining agreement.The Company markets itself as
4. Which group(s), if any, would be ‘‘employees’’under the NLRA and, thereby, be allowed to form a union? Yellowstone University (YU)is a private university and within the jurisdiction of the NLRA. Its mission is to serve as a university in which the graduate and undergraduate schools
3. What rights would TAs, RAs, and proctors have if the NLRB rules they are ‘‘employees’’under the NLRA? Yellowstone University (YU)is a private university and within the jurisdiction of the NLRA. Its mission is to serve as a university in which the graduate and undergraduate schools
2. Why would TAs, RAs, and proctors want union representation? Yellowstone University (YU)is a private university and within the jurisdiction of the NLRA. Its mission is to serve as a university in which the graduate and undergraduate schools operate as a single integrated facility.YU has over 50
1. Why would a labor union want to organize and represent TAs, RAs, and proctors? Yellowstone University (YU)is a private university and within the jurisdiction of the NLRA. Its mission is to serve as a university in which the graduate and undergraduate schools operate as a single integrated
5. Why does it matter to the Union and Oakhurst? CASE STUDY 5-1 Oakhurst Hospital, an acute care hospital with 257 licensed beds, has approximately 181 staff registered nurses (RNs) who provide direct care to patients in 10 patient care units. The patient care units are behavioral health, emergency
4. Should rotating charge nurses be included in the bargaining unit? CASE STUDY 5-1 Oakhurst Hospital, an acute care hospital with 257 licensed beds, has approximately 181 staff registered nurses (RNs) who provide direct care to patients in 10 patient care units. The patient care units are
3. Should charge nurses be included in the bargaining unit? CASE STUDY 5-1 Oakhurst Hospital, an acute care hospital with 257 licensed beds, has approximately 181 staff registered nurses (RNs) who provide direct care to patients in 10 patient care units. The patient care units are behavioral
2. What are Oakhust’s best arguments? CASE STUDY 5-1 Oakhurst Hospital, an acute care hospital with 257 licensed beds, has approximately 181 staff registered nurses (RNs) who provide direct care to patients in 10 patient care units. The patient care units are behavioral health, emergency room,
1. What are the Union’s best arguments? CASE STUDY 5-1 Oakhurst Hospital, an acute care hospital with 257 licensed beds, has approximately 181 staff registered nurses (RNs) who provide direct care to patients in 10 patient care units. The patient care units are behavioral health, emergency room,
3. Salting and Congress Go to THOMAS, the Library of Congress Web site that provides legislative information and locate the text of two bills that were introduced in Congress in June 2007 to ‘‘amend the National Labor Relations Act to protect employer rights.’’ This is the ‘‘Truth in
2. Salting and the Courts Use Cornell’s law pages or OYEZ to locate a major 1995 Supreme Court case in which the Court overturned an Eighth Circuit Court of Appeals holding and affirmed an earlier opinion by the National Labor Relations Board. The NLRB had ruled that a worker may be a company’s
1. Definition What is salting? Go to the Web site of the Industrial Workers of the World (IWW) and read a definition published from a union’s point of view.On the Web site for the Associated Builders and Contractors, a national trade association, locate‘‘ABC’s Legislative Position on
9. 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.
8. What would be a good response from a union organizer for each statement in the Labor Relations in Action feature on page 195?
7. Explain the following statement: ‘‘It is not the union that organizes the employees; it is management.’’
6. Why do you believe employers are becoming more interested in decertification elections?
5. Prescribe a ‘‘do’’ and ‘‘don’t’’ list for supervisors involved in unionization campaigns so that they will not commit any unfair labor practices.
4. Discuss the shifting position of the NLRB on representation election campaigning. Appraise each position.
3. Explain the contract bar doctrine. How would it influence the negotiation of the first labor agreement?
2. Select an organization with which you are familiar, and determine the number of bargaining units that would be appropriate for its structure.
1. Refer to the reasons why employees become members of unions to assess the means used by union organizers to meet these needs.
2. Did the union commit an Unfair Labor Practice in this case? If so, what should be the appropriate remedy? The company and union are parties to a collective bargaining agreement that contains the following valid union security clause:It shall be a condition of employment that all employees of the
1. What are the union’s legal obligations? The company and union are parties to a collective bargaining agreement that contains the following valid union security clause:It shall be a condition of employment that all employees of the company covered by this agreement who are members of the union
2. Would it be legal under Title IV of the Landrum-Griffin Act for the union in this case to adopt a rule that required all candidates for union office to be proficient in both Spanish and English? Why or why not? Paul Sanchez, a member of Local 1 of the Bartenders Union, speaks Spanish and is not
1. Did the Union violate Title I, Section 101 (a)of the Landrum-Griffin Act in this case? If so, what should be the appropriate remedy? Paul Sanchez, a member of Local 1 of the Bartenders Union, speaks Spanish and is not sufficiently bilingual to understand the English language in either written or
5. Union Security Provisions in Labor Agreements Search the Web for examples of labor agreements.In the examples, which forms have been taken by the union security provision? (Forms are closed shop, union hiring hall, union shop, agency shop, maintenance of membership, quasi-union shop, contingency
4. Articles on Union Mergers Read the article, ‘‘Falling Union Membership Prompting Mergers,’’ excepted from Laura M. Litvan’s‘‘Unions Have an Urge to Merge,’’ published in Investor’s Business Daily, August 8, 1997, and reproduced on the Web page for the National Center for
3. Bureau of Labor Statistics and Current Union Membership The Bureau of Labor Statistics publishes an annual report on union membership. Find and read the summary for the 2006 report to discover more about the current status of labor unions. What percentage of the total people employed in
2. Merger of the USW and the AFGWU The tenth merger for the United Steelworkers took place when the USW and the American Flint Glass Workers Union (AFGWU) agreed to merge. Look on the USW’s Web site for the story of the merger and a short history of the Flint Glass Workers.Search, also, for a
1. UNITE and the History and Merger of Textile Unions UNITE (formerly the Union of Needletrades, Industrial and Textile Employees) and HERE (Hotel Employees and Restaurant Employees International Union)merged on July 8, 2004, forming UNITE HERE.Part of the history of UNITE includes a fire at the
11. Formulate a one- or two-sentence argument for or against the right-to-work philosophy. Fully defend your statement from arguments that could be made against your position.
10. Compare the requirements for union democracy to any student organization with which you are familiar.
9. 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?
8. Differentiate among the business agent of a local union, a shop steward, and an international union representative. How do their roles differ?
7. Explain why and how national unions’ presidents have been able to accumulate so much authority and power.
6. Compare the government of the local union with student governments and municipal governments, paying special attention to participation by members.
5. Select a craft union and an industrial union and point out differing characteristics of these two types of unions.
4. Locate a local union and a local plant, and draw an organizational chart for each.
3. Assess the strategic plans of the AFL-CIO and CTW, and determine whether these plans provide direction for growth.
2. What suggestions can you offer to emphasize common goals of companies and unions as opposed to conflicting goals?
1. Compare the steps companies may take to implement a positive human resources management program with principles of effective management.
2. Does the employer’s policy ‘‘Inquiries by Government Representative’’ represent a violation of Sec. 8 (a) (4), LMRA? If so, what should be the appropriate remedy? Sec. 8 (a) (1), LMRA makes it an unfair labor practice for an employer to interfere with, restrain, or coerce employees in
1. Does the employer’s policy ‘‘Inquiries by Government Representative’’ represent a violation of Sec. 8 (a) (1), LMRA? If so, what should be the appropriate remedy? Sec. 8 (a) (1), LMRA makes it an unfair labor practice for an employer to interfere with, restrain, or coerce employees in
1. Should the docking pilots be classified as supervisors and thus excluded from participating in a bargaining unit for purposes of collective bargaining? Explain your reasoning. The union sought to become the exclusive bargaining representative for a group of five harbor pilots employed by Pacific
2. Was Ramon Ortiz unlawfully discharged in violation of Sec. 8 (a) (1) and (3) of the LMRA, and if so, what should be the appropriate remedy? Explain your reasoning. Ramon Ortiz had been employed for six years as a waiter in the employer’s restaurant at the time of his June 19 discharge. On May
1. Evaluate the employer’s decision not to call any management witnesses or offer any written evidence to support the employer’s stated position in the case.What are some examples of testimony or written documentation that an employer in a similar situation could use to prove the employer’s
3. Was the Employer’s discharge of Drake and Keeler an unfair labor practice under the LMRA, as amended? If so, what should be the appropriate remedy? CASE STUDY 3-1 The Employer is a small, nonunion furniture manufacturer with 15 employees engaged in interstate commerce. Both of the employees
2. On what grounds might the Employer try to argue that the discharge of Drake and Keeler was an appropriate (legal) exercise of management’s rights? CASE STUDY 3-1 The Employer is a small, nonunion furniture manufacturer with 15 employees engaged in interstate commerce. Both of the employees
1. Because Drake and Keeler’s employer meets the standard for coverage under the LMRA by engaging in interstate commerce, which specific employee right protected by Sec. 7 of the LMRA could Drake and Keeler argue they were engaged in which at least partially motivated the employer’s decision to
3. U.S. Code. When legislation becomes law, it is incorporated into the U.S. Code in the appropriate sections. Identify sections of the Code affected by these acts related to labor relations: Railway Labor Act, Norris La-Guardia, Taft-Hartley, and Landrum Griffin.Searching hints:Search by Popular
2. National Labor Relations Board. Go to the Web site for the National Labor Relations Board to see the NLRB’s current organization, rules and regulations, decisions, and manuals. Read the section that describes the National Labor Relations Act. Which groups of workers are not covered by the NLRA
1. Case Law. Go to the Web site for the Supreme Judicial Court of Massachusetts and locate the landmark case, Commonwealth v. Hunt. Why is this case important?Find a recent (2002) Supreme Court opinion involving the National Labor Relations Board in which the case Loewe v. Lawlor is
8. Should the LMRA be amended toa) cover agricultural laborers orb) index the NLRB’s jurisdictional standards (i.e., monetary threshold for affecting interstate commerce) to take into account the effects of inflation?
7. Why is there still a separate labor relations law for the railway and airline industries?
6. Should the NLRB’s administration of the LMRA be termed a success? Why or why not?
5. Although the National Labor Relations Act gives employees certain rights, these rights are not unlimited. Discuss.
4. What was the intent or purpose of Congress in passinga) the 1932 Norris–La Guardia Act;b) the 1935 National Labor Relations (Wagner) Act; andc) the 1947 Labor Management Relations (Taft-Hartley) Act?
3. Why did the 1914 Clayton Act, called U.S. Labor’s Magna Charta by AFL president Samuel Gompers, fail to live up to union leaders’ expectations?
2. How were yellow-dog contracts and labor injunctions used to limit the activities of union organizers or slow union growth?
1. How have the major labor relations laws helped or hindered the development of unions?
5. Haymarket Riots. The Chicago Historical Society offers The Haymarket Digital Collection, composed of photographs and narrative related to the Haymarket Riots that occurred in Chicago on May 4, 1886. Enter the Drama of Haymarket and read about the ‘‘sequence of events that ignited the
4. Pullman Strike. In the Illinois Labor History pages hosted by the Chicago-Kent College of Law Web site, read the Parable of Pullman. What events led up to the Pullman Strike? See also the PBS Online NewsHour with Jim Lehrer transcript on the‘‘The Origins of Labor Day’’ and the discussion
3. The Pinkertons. What role did the Pinkerton Detective Agency play in labor relations in the 1880s?Find ‘‘The Strike at Homestead Mill: The Hated Men in Blue,’’ a Web account published by the Public Broadcasting Service (PBS).
2. Labor Unions. Locate the preambles to the constitutions of the Knights of Labor (Hint: Chicago Historical Society) and the Industrial Workers of the World (Hint: Culture link on the IWW Web site). Compare the structure and mission of the two groups. Who were the wobblies, and what is the origin
1. Key People. Go to the Web site for the Bureau of Labor Statistics and look for ‘‘Birth of a federation:Mr. Gompers endeavors ‘not to build a bubble’,’’ an article published in the Monthly Labor Review, November 1981. Why is the event described in the article significant to the
7. In the future there are likely to be fewer but larger labor organizations. Discuss some advantages and disadvantages of the so called One Big Union approach to representing employees’ interests.
6. Discuss some key similarities and differences between the AFL-CIO and the Change to Win federation. What impact do you think the Change to Win federation will have on union membership growth and union involvement in politics over the next 5 to 10 years?
5. Discuss some key similarities and differences between the AFL and the CIO.
4. Discuss some employer tactics used to prevent or minimize union membership growth prior to the passage of the National Labor Relations (Wagner)Act in 1935. Which, if any, of these tactics would be lawful today?
3. Explain how the Haymarket Riot, Homestead strike, and Pullman strike helped as well as hurt the AFL.
2. Use the four criteria mentioned in the introduction of this chapter for evaluating the strength of a labor organization, and discuss why the AFL survived and the IWW faded into obscurity as labor organizations.
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