MHR 441 Test 2

25. What is a grievance?

Official statement of a compliant over something believed to be wrong or unfair

6. What have you learned in class (or heard in class) that is most surprising (positive, neutral, or negative) to you and why?

How much work goes into a negotiation process and the preparation, long hours, writing up contracts

5. What's the role of the main participant groups in the labor relations process (identify the participants and their major roles).

a. Union: to negotiate contract covering employment conditions and the union-mgt relationship that is favorable to the union b. Manager: To negotiate a contract covering employment condition and the union mgt relationship that is favorable to the company

22. In the situation where a union member refused to unload some boxes and left work for allegedly being sick, why did the arbitrator decide to deny his grievance? Explain the situation and the important considerations for the arbitrator's decisions.

worksheet

30. Three things that contribute the most to determining the basic wage rates at a company are the ability to pay, the comparative norm, and the standard of living. Briefly describe how each of these influence the negotiated wage rates.

• Ability to pay: o The level of income and profits. Unions expect a firm in good financial conditions to pay higher wages; but not reduce wages when the condition of the firm declines. o Uncertainty about future "ability" o Capital improvements v. higher wages v. product price reductions type of decisions • The Comparative norm: o Production Standards - Expected employee output consistent with the working capacities of normal (typical) operators. Determined by time studies of effort and motion, use as the basis for calculating standard and incentive wages o Employee Reward-Incentive Plans - Bonuses, Profit Sharing Plans, Skill-base pay (SBP) • Standard of living: o COLA provisions -scheduled wage increases based on the degree of change in the CPI-W Selection index (Generally, CPI-W) Frequency and timing of COLAs Adoption of formula (e.g., one cent increase in wages for each three point rise in CPI) Effects of COLA in increasing the costs of other compensation elements

13. Of all the personal attributes that the book has indicated are important for labor relations negotiators to have, which three do you consider the most important and why?

• Is able to plan effectively and conduct research: in order to be determine to contents in the proposal for the said party, negotiators need a high understanding of research to find out the basis for demands, basis for denial of union demands, basis for denial of management's demands, and manipulation and fun with statistics • Is an excellent communicator and listener: in order to communicate the demands you are negotiating for, you need to be able to explain the reasoning for them, but also listen to the other parties request as to why that is not feasible. • Even Tempered; able to tolerate ambiguity and conflict: when you are trying to come to an agreement, there are often different political views, and emotions can rule the table. So be able to keep even tempered can help the negotiating party focus on what they need to negotiate for and not lose sight of that.

16. Consider the motivations of management and of unions and compare and contrast the factors affecting their agreement or disagreement about the costs of a proposed contract.

• Prevailing General Economic Conditions o Unemployment Rate o Labor Supply o Sales Volumes • Specific Company Financial Condition and Outlook • Other Union Contracts Within the company • Bargaining Parties Themselves o Goodwill Public Image • Financial supplements available o Strike pay o Other Outside compensation earned or received by strikers • Public Aid o Welfare payments o Unemployment compensation o Charitable organizations • External Compensation Factors o Ability to pass on increased cost to customers o Global Competition o Government regulations and controls • Company specific factors o Low inventories and high demand o Loss of Customers to competitors o High fixed and variable operating cost

Sometimes a company will take a disciplinary action against an employee. That employee will file a grievance and it will progress up until it goes to arbitration. What are some of the common reasons arbitrators claim for reversing or modifying the disciplinary actions?

-Failure to conduct a full and fair investigation of the employee's misconduct -Failure to consider mitigating circumstances -Engaging in arbitrary, capricious, discriminatory or disparate treatment in determining discipline -Improper administration of the employer's rules and requirements

39. In Employee Relations (non-unionized) organizations, agreeing to arbitration for concerns you have is a common hiring document agreement. What do these agreements mean for employee relations in these non-unionized settings?

-hiring new employee and wish to specify the rights and obligations of both the employee and the employer

28. What are the advantages of arbitration as a method of resolving grievances?

1. Save money and time. They can also require a decision by the arbitrator In 30 to 60 days. 2. Parties select an arbitrator who has expertise in labor-management relations as opposed to a judge who may or may not have any experience in labor-management relations being assigned to the case. 3. Arbitration is a system of self-government which the parties design the rules and procedures 4. The parties negotiate and agree to the terms of their collective-bargaining agreement as opposed to a law enacted by a legislative body. 5. Labor arbitration is private process between the union and the company as opposed to a public tribunal with a public record; the arbitrator's decision may be published only with the consent of both parties.

38. For an arbitrator's decision to be well-done, it needs to have several components. What should be included in an arbitrator's decision?

Burden of proof, witness credibility, and cross- examination -provisions of the labor agreement -intent of the parties -past practices -previous arbitration awards

23. Identify typical remedies associated with violations of the duty to bargain in good faith. Also what are the remedies, in general, supposed to do (what are they designed to do)?

Each party must demonstrate a sincere and honest intent to reach a labor agreement and be reasonable in their bargaining positions, tactics, and activities. Sources of Violations of Good Faith Bargaining • The nature of the bargaining issues • Specific bargaining (per se) violations • Totality of conduct • Successor employer bargaining obligations REMEDIES: • A cease-and-desist order that halts further ULPs. • A requirement to post written notices of employee basic rights under the LMRA, ULPs, and the respondent's pledge to cease ULPs. Require employer to take affirmative actions (make whole remedies) that restore employees' rights and remove the effects of past practices: o Reinstatement, back pay, restoration of seniority, resumption of bargaining

17. Compare and contrast the early stages and the final stages of bargaining.

Early stage: Name calling, positioning Sometimes far-fetched demands Make some demands as trading points Unrealistic counterproposals Rank and file often present early on - so no give Timing is part of the "poker game" Final stage: Again looking at "The Package" Strike deadlines motivate agreements Examine strike vs. change stance Commonly see both parties a little "worn down" Impasses happen Sometimes emotions rule the table There may be reasons to want a strike

a. What is employee relations? What's the overlap and what's the differences with labor relations?

Employee Relations offers consultation, facilitation and resolution strategies for workplace issues. Employee Relations assists in communications between employees and supervisors, corrective action and planning, disciplinary actions, and explanation and clarification of University policies and procedures. Labor relations are relations between the unions and employer relations are between the managers and employees. Overlap involved is that at times labor relations are dealing with unions and trying to reach an agreement (collective bargaining) between managers and the union. Both of which are for the good of the employees.

35. How does seniority typically operate in a unionized work group? Explain.

Highest respected, get first pick for hours and time off, very valuable like a leader - An employee's continuous service with the firm. • An objective measure that is readily determined. • Possessed by all employees covered by the contract. - Used to apportion out rights unrelated to job performance: • Benefit rights: eligibility for and scheduling of vacation time • Job rights: bidding on jobs, layoffs, shift preferences, bumping during layoffs - Superseniority • Protects certain union officials from layoff to assure continuity in the functioning of the union.

15. Explain what is meant by a "mandatory subject" in collective bargaining.

Issues that directly affect wages, hours, and terms and conditions of employment that can be bargained to impasse (neither party will agree to a change of position on the issue). Ex: hourly wage, bonus pay, hours of work

19. What was the main lesson deriving from our coverage of the NLRB's DECISION AND ORDER pertaining to Hendrickson Trucking Company and Local 164, International Brotherhood of Teamsters?

Judge Dawson was appointed at a time when the Board lacked a quorum, and therefore her appointment was invalid and she had no lawful authority to act Nevertheless, the Board remanded this matter to Judge Dawson to consider anew the issues presented now that her appointment has been ratified by a fully confirmed five-member Board.

18. The NLRB issued a DECISION AND ORDER in October 2017 pertaining to Hendrickson Trucking Company and Local 164, International Brotherhood of Teamsters. Briefly summarize the situation and the NLRB's decision and order.

Local 164 was on strike for employees to contribute to health insurance and other requests Didn't want to union at the auction but, the union wanted to go to the public auction peacefully union: filed unfair labor charges company: filed charges alleging that the union and employees have acted inappropriately and threatening towards customers and staff

36. Union members are often concerned with layoffs, especially if management is looking for ways to cut costs. What are some of the alternatives to layoffs? What strategies might unions use to reduce the likelihood of layoffs?

Pay Freezes, Pay cuts, new products, normal attrition, hiring freezes, early retirement, voluntary leave, working hours reduction, rotating layoffs, working relocation, and work sharing. Unions could implement a bona fide (lawful) seniority systems are permitted. Employees can be awarded retroactive seniority as a remedy for past discriminatory practices. The use of seniority in layoffs is permitted even where they layoff may or does adversely impact minorities. They could also do work restructuring programs (employee involvement, worker participation, cross-training, multiskilling, self-managed work teams). Benefits of innovative practices: (increased energy, creativity, and dignity for employees, increase profit for employees).

37. How does the arbitration process work? Describe the pre-hearing, hearing, and post-hearing elements of the arbitration process.

Pre hearing: Prehearing Stipulations -Joint union-management statements as to the issues involved and certain applicable grievance "facts" Hearing: Averages one day in length Formats: • Informal quasi-litigation (legalistic approach) • Formal, ongoing collective bargaining (problem-solving approach) Elements of Post hearing Briefs • Statement of the facts of the case • Citation of the relevant contract language • Arguments in support of the party's position • Arguments countering the opposing party's position • The requested decision from the arbitrator

24. Is subcontracting a mandatory subject of bargaining? Explain your answer and also provide the definition of "mandatory subject of bargaining

Subcontracting: Contracting work to an outside vendor when the employer cannot do all or part of the work or when the vendor can do the work at a lower cost. a. Mandatory Subjects i. Issues that directly affect wages, hours, and terms and conditions of employment that can be bargained to impasse (neither party will agree to a change of position on the issue).

20. What are the main lessons from The NLRB decision and the situation in The Rock Wood Fired Pizza and Spirits Case?

Use great caution when disciplining employees who openly disparage the company on social media -perceived as insubordination and harmful to business relations may lead to unfair labor practices

21. In the situation where a few union members (also employees) called in sick for their shift, and later that day attended a union meeting, why did the arbitrator decide to uphold the grievance about not getting paid from paid sick days?

WORKSHEET

40. What does the "just cause" principle mean in employee and labor relations? Criteria for "Just Cause" Discipline

a. Clear and convincing evidence that the grievant committed a disciplinary offense. b. Disciplinary action taken was appropriate for the offense committed. Discipline was not arbitrary or discriminatory and similar in nature to discipline in similar circumstances If all tests at left are answered "Yes", then make two additional considerations for: • Due process violations • Mitigating circumstances 7 tests for 'Just Cause": 1. Due notice 2. Reasonable rule or order 3. Investigation 4. Fair investigation 5. Proof 6. Equal treatment 7. Penalty

4. What are some of the essential functions of an Employee Relations Manager?

a. Directs and coordinates preparation of position descriptions, ensures FLSA classification and oversees job evaluations b. Administers and interprets various labor agreements, administers grievance procedures and provides labor relations support during contract negotiations c. Acts as a liaison between department managers and union representatives d. Develops and builds hiring processes for a variety of levels from temporary staffing to executive placements

31. From the textbook, compare and contrast "escalator clauses" and "wage reopeners".

a. Escalator clauses: cost of living adjustment provisions in labor contracts that let wages rise and fall automatically with fluctuations in the cost of living. There is usually a floor to which wages can fall in response to a decline in the cost of living index. The escalator formula does not normally contain a ceiling on wage increases occasioned by increasing prices. Only 20% of the workers covered by this agreement are currently subject to a ceiling, also called a cap, on their cost of living wage increases. b. Wage reopeners: Contractual provisions that permit either the employer or the union to reopen the labor agreement prior to its expiration to renegotiate wage issues. Although such provisions are technically to be used only to negotiate a new wage structure, some employers and unions have used the opportunity to gain changes in other areas of the contract, using the wage issue as the pretext.

27. What happens (order of business) during an arbitration hearing?

a. Introduction of joint exhibits i. Contract in question ii. Copies of grievance and responses iii. Stipulated facts b. Issue to be addressed - arbitrator's framing if not agreed c. Presentation of exhibits (joint, company, and union) d. Opening statements (company and union) e. Testimony and cross examination of witnesses f. Summaries and closing statements or posthearing briefs

7. Why do negotiations today call for more sophistication than they once did?

a. Many steps in the process in terms of preparation. You have to think about selecting the negotiation team, determining the contents in the proposal (this is a big item). You have to determine the cost of the proposal and then determine the meetings: When, where, how, publicity). Participants will also have to understand the complexity of the negotiation influences and process.

3. How does effective employee relations help both supervisors and employees?

a. Provides counsel and advice to supervisors and employees regarding employment related inquiries b. Assists in the interpretation of University policies and procedures c. Provides confidential consultation d. Advises employees regarding their employment rights e. Facilitates dialogue on employee/employer issues

2. What is labor relations

a. The relationship between the management of a company or organization and its workforce. It can also be the study and practice of managing unionized employment solutions. In the United States, labor relations in the private sector is regulated by the National Labor Relations Act.

8. What motivates bargaining table agreement and, in some cases, disagreement?

a. The strike deadline. It is a great motivator of labor relations agreement. The management may also prove more willing to compromise as the strike deadline approaches. These threats, in short, bring each party faced to face with reality and can normally be expected to cause a marked reassessment of positions. The approach of the deadline revises upward each party's estimate of probability that a strike or lockout will be consequent upon adherence to his/her own position. An approaching deadline goes much more than simply squeeze elements of bluff and deception out of the negotiation process. It brings terms upon which each party is willing to settle. It operates as a force tending to bring about conditions necessary for agreement.

9. What is involved in testing and proofing the negotiated contract?

a. Use of clear, concise language, again check on all cost changes, clearly explained grievance procedures, proof read the contract, celebrate successes

29. What the four big categories (big areas) of major focus for most labor relations negations?

a. Wages issues (economic) b. Benefits and fringe (economic) c. Institutional Issues d. Administrative Issues

33. Briefly, what are "Benefits and Fringe" elements under collective bargaining? (from our class powerpoint language).

premium pay -medical/healthcare benefits -pension -income maintenance benefits -payments for time NOT worked (vacations, holidays, personal days)