Labor Management Exam 4

Types of Evidence In Investigations

Testimonial Documentary Physical Demonstative

How is this Public-Sector Unions in Wisconsin: Act 10 "Budget Repair Bill" possible

The NLRA and related legislation only applies to the private sector. There are no constitutional-granted labor rights. Each state has the right to govern their own employees. Variation among state and federal agencies are also common because they were created and are governed by separate acts of law This is what the majority of people want

Arbitration Advantages

can pick expert decision makers in a particular area, parties set rules, uses the common law of the sho rather than being bound by legal precedent, burden of proof standard is lower, cheaper, quicker, and more private.

Implied Contract Exception:

can't discharge an employe at-will is when implied or verbal contracts exist.

Covenant of Good Faith or Fair Dealing

can't discharge an employee as an unjust act or is in bad faith.

Legitimate Purposes of Disciple

is setting an example of appropriate behavior, transmitting the rules of the organization, promoting efficient production, maintaining respect for the supervisor, and correcting employee behavior.

Open-Door Policies

is that employees are encouraged to approach successively higher-level supervisors without union involvement

Breach of Obligation for Union's Duty of Fair Representation

is that employees can and do take unions to court, burden of proof on employee, and standard of proof is high.

Settling Issues Without Prejudice

is that neither side admits wrongdong, multiple grievances often settled at a single meeting between representives, and often informal and outside labor agreement.

Beyond a Reasonable Doubt of Evidence:

is that no alternative interpretation of facts is sufficient.

Lincoln Mills Case (1957)

is that textile workers had a contract specifying arbitration, employer tried to weasel out of it, and the court ruled that arbitration is binding, however the merits of arbitration can be fought in a lawsuit in court.

Enforcement of Last Chance Agreements

is that they are typically considered valid and arbitrators usually only consider whether the agreement was fulfilled as written.

Public Policy Exception

is that you can't discharge an employee for exercising a legal right or for refusing to violate a law.

Ad Hoc Arbitrator:

is the arbitrator is selected on a case-by-case basis, providing flexibility in the use of different arbitrators in addressing specific grievance issues.

Employment Arbitration

is the emplyers promulgates Arbitration to resolve statutry flames, process is designed y the employer. Employee agrees to solve any claims via arbitration

Directive/Results-Oriented Mediation

is the mediator communicate separately with each party and focuses on reaching a specific solution.

Transformational/Collaborative Mediation

is the mediator encourages an integrative approach emphasizing perspective taking.

Evaluative Mediation

is the mediator encourages each party to recognize the relative strengths and weakneses of their argument.

Clear and Convincing Evidence:

is the truth of asserted facts is highly probable

Goal of Progressive Discipline

is to emphasize the seriousness of repeated rule infractions, and gives employees chance to self-correct.

Illegitimate reasons

is to make the grievances and union feel important, as retribution for a perceived slight, to get something for nothing.

Obligation for Union's Duty of Fair Representation

is to represent workers positions honestly, in good faith, and without hostility.

Goal of Last Chance Agreements

is to send employees a signal regarding the seriousness of their behavior and one last chance to self-correct.

Good Work Rules

is to support orderly, safe, and efficient operations, are reasonable, are clearly stated, explai the consequences of breaking the rules, and are consistently applied.

How to Expediting Arbitration

is use the same arbitrator, set deadlines for decisions, limiting the number of witnesses, limiting time allowed to present one's case, and establishing maximum payment for arbitration decision.

The freeriding problem

is where public employees receive the benefits of collective representation but do not pay dues is also growing.

Arbitration Disadvantages:

not all arbitrators treat all parties with respect, not skilled in keeping control arbitrators, awards direction to brief, long, or unclear, have difficulty maintaining neutrality. Quicker and cheaper than court but not al that cheap or quick

Grievances

occur anytime employees or employers have violated the labor agreement. Complaints not related to the agreement are not grievances, can be handled within established policies, by mediated or arbitrator.

Preponderance of Evidence

one side evidence is of higher quality and outweighs the other side's evidence. Typically in play for labor arbitration

Common Law of the Shop:

past practices of both managers and labor serves as legal precedent

Mandatory Bargaing for Federal Contracts:

personell polices and practices as permited by law and working conditions

Labor Arbitration

results from disputes (grievances) related to the labor agreement

The Significans of Public-Sector Labor Relations

More than 1/3 of federal, state, and local employees belong to unions. There is growing government willingness to resist public sector unions. The free riding problem

Civil Service Reform Act of 1978

rules for non-military employees, created the Federal Labor Relations Authority (FLRA) which investigatsunfair labor practices and resolves negotiation disputes, sometimes through arbitration.

Fair Investigations

should not have an interest in the outcome. Collect evidence from the person that reported it, visit the scene (collect physical evidence), prepare demonstrative evidence, collect more testimonials, review evidence, and write up final report.

Definition of Progressive Discipline

site application of increasingly severe penalties for repeated offenses.

Grievance Subjects.

Administrative Issues Economic issue Employee discipline

Arbitration Appeals:

Arbitration has limited appeals other than civil right issues.

Testimonial

First Hand Account

Investigations

can happen at anytime, are a good thing, and should be timely and thorough.

Arbitration Decision Criteria

Burden of Proof is on the accuser. Language of the contract Witness credibility Results of cross-examination Domain of Labor Agreement Intent of the Parties Past Practices Previous Arbitration Awards

deferral policy of the NLRB

Deferral to an arbitrator is appropriate "where the arbitration procedure appear to have been fair and regular, the parties agreed to be bound, and the party urging deferral demonstrates that: (1) the arbitrator was explicitly authorized to decide the unfair labor practice issue (2) the arbitrator was presented with and considered the statutory issue, or was prevented from doing so by the party appoint deferral. (3) Board law 'reasonably permits' the arbitration award"

Striking and Ranking Selection Procedure for Arbitraton

Eliminates names from a list and selecting the highest-ranked remaining name.

Striking Selection Procedure for Arbitrator:

Eliminates nams from a list until one arbitrator's name remains.

Arbitrator Listings:

Federal Mediation and Concilation Service (FMCS),American Arbitration Association (AAA), and State and Local Agencies

Preparing for Grievance Meetings

Gather Relevnt Evidence Determine the Credibility and Accurary of Facts Frame Arguments Coherently, Consistently, and Credibly Prepare Protocols for Questioning Witnesses Prepare Admissibility Chalanges Prepare your Defense

Factors that potentially reduce penalties

Management culpability, is it unlikely to occur again, did it do the behavior while fulfilling union duties, was the event caused by personal factors that could have teporarily overwhelmed an employee, and does the employee have a long and positive work record.

Public-Sector Unions in Wisconsin: Act 10 "Budget Repair Bill"

Increased Contributions to pensions and health insurance. Wage Increases cannot exceed CPI unless pproved by referendum 1 year contracts and wages are frozen until new contract is settled Collective BargainingUnits Require annual certification voes Employers are prohibited from collecting union dues. Employees cannot be require to pay dues Exempt: Law enforcement, fire employees, and inspectors. Reapeels all collective brgaing rights.

Arbitration Hearing Sequence

Introduction of Exhibits Arbitrators framing of the issue Opening Statements Testimony and cross-examination of witness Presentation of exhibits Closing statements Issuing a post-hearing brief.

Janus vs. AFSCME: Supreme Court June 2018

Made it so public sector unions cannot collect dues because it is a violation of fre speech, reversed10 year old perecedent, and effectively outlaws public-sector agency shops and increases potential for freeriding.

Federal and State Merit Systems of the Public Sector:

Overrule Employmet at will to protect against politica maneuvering.

Preheating

Prehearing stipulations and joint-statement of facts. The Hearing: usually a single day ad legalistic or problemsolving Approach.

Public Service Monopolies

Provider services that are difficult for 'the market' to provide.

Employment-at-Will Exceptions

Public Policy Exception Implied Contract Exception Covenant of Good Faith or Fair Dealing

Documentary

Recording, email, etc.

Weingarten Rights (1975)

Rule 1: the employee can request union representation before or during the interview without fear of punishment. Rule 2: After the request the employer must either grant the request and delay questioning until the union arrives or deny the request ad end the interview immediately, or give the employee a clear choice between having the interview without representation or ending the interview. Rule 3: if the employer denies the request representation and continues questioning, it commits an unfair labor practice and the employee has a right to refuse to answer.

Steelworkers' Trilogy Decisions (1960s Supreme Court)

Ruling 1: Arbitrators, not court, determine the merits of the grievance Ruling 2: Arbitratin only holds jurisdiction in matters related to the labor agreement Ruling 3: Arbitration ruling is binding Arbitrators also don't have to give reason for reward, privatized a portion of the legal system.

Homeland Security Act of 2002:

The effects it has on federal labor, is it explicitly allows the president to waive employee and union rights granted under the civil service reform act.

Problematic Language

can lead to ambiguous meaning and people don't really know how to enterprite it.

Steps of Progressive Disciple:

Verbal Warning, Written Warning, Suspension, and Discharge.

Prohibited Bargaining for Federal Contract:

Wages, the law dictates wages follow market rate as determined by job evaluation.

Case 12.1: Was MR. Babcock's Termination for Just Cause?

Was there Management Culpability? Is this a singular event that is unlikely to occur again? Did employees perform the behavior while fulfilling union duties? Was the event caused by personal factors that templorarily overwhelmed an employee? Is there a long and positive work record? Was a full and fair investigation conducted? Were mitigating circumstances considered? Was there Arbitrary or discriminatory behavior? Improper administration or interpretation of rules? Lack of due process representation not present, notification or provided,proper sequence and progression of discipline not followed Violation of Weingarten Rights?

Written Greivance Procedures

are legal documents, reduce emotion and irrationality, provide focus, and reduce nuisance grievances.

Administrative Issues

are things like seniority, promotions, transfers, layoffs, work assignments, and training.

Contract Arbitration

determines the labor agreements content

Employment-at-Will

either party can terminate the work relationship at any time for any or no reason.

Public Obligation of Public Sector:

employees represent the goverment, even in their private live.

Wisconsin and Illinois Employment-at-wil Exception:

has a public Policy Exception, has implied contract exception, and no covenant of good faith and fair dealing exception.

Federal Service Impasse Panel (FSIP)

helps resolve negotiation impasse for unionized employees.

Peer Review System

is a panel of employees hears both sides of the argument.

Early Neutral Evaluation

is a third-party evaluates the merits of the problem and provides a non-binding reccommendation before taking a complaint further into the resolution process.

Definition of Last Chance Agreements

is an agreement that requires an employee's 100% future compliance with work policies to avoid dismissal.

Permanent Arbitrator or Umpire:

is an arbitrator who will resolve all disputes during the life of a labor agreement. Permanent status allows the arbitrator to become intimately knowledgeable about the industry, the company, and the union.

Ombudspeerson

is an employee advocate, can be chosen through the collaboration of both the union and management.

Arbitration

is an outsider creates a legally binding agreement.

Prole Evidents Rule:

is extrinsic evidence that is intended to create ambiguity, clarify, or contradict a written contract, this rarely works.

Federal Merit System

is governs the process of promoting and hiring government employees based on their ability to perform a job, put i place to keep the political consideration out of operational concerns.

Arbitrators and Discipline

is in an organized labor environment, labor arbitration deals with discipline: determines what constitutes just cause for discipline, establish standards of proof and evidence, review and modify penalties imposed by management. Can reinstate employees with back pay.

Factors that Potentailly Result in Reversal or Modification of Disciplinary Action 56

is investigation not full and fair, mitigating circumstances are not considered, arbitrary or discrimantory behavior, improper administration of rules, lack of due process, and violatio of Weingarten Rights

Perfunctory Conduct Creating Liability for Breach of Representation

is providing inadequate defense, delaying grievance processing beyound valid time period, failing to inform employee of different remedies, and failing to keep members informed.

Employee discipline

is reasonable rules, fair and thorough investigations, equal treatment, due process, excessive discipline.

Explicit Managment Rights of Federal Contracts:

they have the mission of the organization, operations of the organization, hiring work assignments and layoffs and disciplinary actions.

Economic issue

things like wages, job classification on pay schedule, incentives, shift differentials, and benefits.

Ligitamate Reasons

to resolve an apparent contract violation or draw attention to a workplace problem.