Chapter 8 Impasse, Strikes, and Dispute Resolution
A strike is fundamentally: A. An expression of protest and dissatisfaction B. An act of treason C. A way for management to show its strength D. A measure of the Union's bargaining competence
A
Fact-finding helps resolve bargaining disputes in all of the following ways except: A. It allows the neutral third party to demand certain concessions from one or both of the parties B. It reports unbiased evaluations of the parties positions which helps them to reassess their demands C. It allows the parties to save face when concessions are made because they can "blame" it on the fact-finder's report recommendations D. It can open the parties up to public scrutiny which in turns pressures them to reach an agreement
A
In _______________________ arbitration, the arbitrator is not constrained to choose either the management or union's offer(s); rather she can make up whatever final contract terms she deems appropriate and fair. A. Conventional B. Issue-by-issue final offer C. Whole package final offer D. Mediation
A
In an economic strike, workers refuse to work until: A. The employer meets their demands for conditions of employment. B. The NLRB rules they must return to work. C. The contract expires. D. Their strike funds run out
A
A fact-finder has: A. A high degree of control over the outcome of the dispute B. A high degree of control over the process of negotiations C. A high degree of control over both the process and the outcome of negotiations D. Little control over either the process or the outcome of negotiations
D
The goal of an intermittent strike is to: A. Minimize costs to the employer. B. Irritate consumers so they will apply pressure on the employer to settle. C. Call into question the employer's ability to control their workers. D. Disrupt the employer's business while also preventing it from hiring strike replacements
D
A mediator has a high level of control over the outcome of negotiations but not over the way negotiations are conducted.
False
It is legal for an employer to hire permanent strike replacements during a lockout
False
Most industrialized countries allow employers to use permanent strike replacements
False
The main reason that strike activity has declined since 1980 is because labor's bargaining power had declined.
False
A series of quick strikes, lasting a day or just a few hours, is known as an intermittent strike
True
According to economists, a key reason that strikes occur is that the parties to a dispute do not have perfect information.
True
After all national emergency strike procedures have been exhausted and no agreement has been reached, Congress has the power to legislate a settlement or force the parties to go to final and binding arbitration.
True
Interest disputes are conflicts over the terms and conditions of employment
True
Third-party dispute resolution mechanisms use ____________________ to settle bargaining impasses with the goal of avoiding costly strikes. A. a neutral third-party B. decertification elections C. boycotts D. a local county judge
A
Which of the following tactics used by unions to apply pressure to employers has not increased during the past 30 years? A. Strikes B. Corporate campaigns C. Boycotts D. Work slowdowns
A
What is the difference between an offensive and a defensive lockout and for each give an example of a situation in which an employer might want to use it. What are the rights of strikers and strike replacements in a lockout situation?
A defensive lockout occurs when an employer locks out employees to prevent losses from an expected strike. If an employer handles perishable goods and expects a strike but the union will not reveal the timing of its strike plans, the employer can lock out the employees to prevent losses stemming from the spoilable of its perishable products. This is a defensive action to protect the employer from significant economic losses.An offensive lockout occurs when an employer takes the initiative to pressure the union for a more favorable settlement. A common reason for this initiative is to control the timing of the work stoppage. An employer may want to use this lockout before a professional athlete begins their season to prevent them from striking right before a major game, which could result in significant economic losses for the owners.Both of these lockouts are legal as long as they protect or support employers' bargaining positions. However, they are not legal if they are overly aggressive and appear to be an attempt to destroy the union. Hiring temporary replacements is allowed during a lockout whereas permanent replacements are not
What is the difference between an economic strike and an unfair labor practice strike? Describe the rights of strikers and strike replacements in both economic and unfair labor practice strikes
An economic strike is when employees are striking over wages, benefits, and work rules (mandatory bargaining issues) during contract negotiations. An unfair labor practice strike occurs in protest against an employer's unfair labor practices (i.e., violations of the NLRA). It is legal to have replacement workers do the work of strikers during an economic strike. Employers do not have to fire the replacements at the end of a strike in order to provide jobs to strikers who want to return to work. In other words, employers can hire permanent strike replacements as well as temporary strike replacements (who are discharged at the end of the strike).Strikers who have been permanently replaced are not necessarily entitled to immediate reinstatement to their jobs after they end their strike. However, these employees cannot be fired in the literal sense. Rather, at the conclusion of a strike, returning strikers are placed on apriority recall list, and as jobs become available, the employer must first offer jobs to the former strikers before hiring any new employee. In addition, the status of temporary or permanent replacements must be disclosed to them at the time of hire.By contrast, employers cannot use permanent replacements during an unfair labor practice strike (otherwise, employers could benefit from their own illegal actions). Unfair labor practice strikers are therefore entitled to immediate reinstatement at the conclusion of the strike. It is up to the NLRB to determine whether a strike is an economic or unfair labor practice strike. However, this determination can be complicated. If an unfair labor practice has"anything to do with" causing a strike or if it appears that the employer's unlawful conduct played a part in the employees' decision to strike, then the strike is an unfair labor practice strike. Also, an employer's unfair labor practice during an economic strike can convert the strike to an unfair labor practice strike.
A ____________________ is an employer-initiated rather than worker-initiated work stoppage during a bargaining impasse. A. jurisdiction strike B. lockout C. wildcat strike D. corporate campaign
B
Boycotts, work slowdowns, and corporate campaigns have increased since the 1980s because: A. Empoyees have become more militant. B. Strikes are no longer a viable option for many workers because of the employer's use of permanent strike replacements C. Strikes are less costly to employers because they have more inventory today. D. Strikes are no longer legal in most situations
B
By withholding their labor, strikers seek to increase the employer's cost of disagreeing with them by depriving the employer of: A. Their management rights B. Profits C. Public support D. Access to credit
B
Corporate campaigns are sometimes criticized for all of the following reasons except: A. They use the media and others to benefit the union but may hurt consumers and other stakeholders B. They are ineffective in helping labor achieve its goals in a dispute C. They have not stopped the decline in unionization D. They may violate federal racketeering laws
B
If the primary goal of the dispute resolution system is putting pressure on negotiators to settle and guaranteeing a solution, then ____________________ is best. A. mediation B. arbitration C. med-arb D. fact-finding
B
In the 1980s, black female workers at Delta Pride, a catfish processing plant in Mississippi, embarked on a union organizing drive. As part of this effort, the union was aggressive in publicizing wrongdoings by the employer, pressuring members of the board of directors to disassociate from the company, and sending postcards to over 100,000 Mississippi residents seeking their support for unionization. As a result of these tactics, the union won recognition. The tactics used in this organizing drive can best be described as: A. A sympathy strike B. A corporate campaign C. A boycott D. A work slowdown
B
Mediators who focus on improving the culture or climate of negotiations and improved dialogue between the parties tend to: A. Craft the final settlement to create something they think is best B. Allow the parties to resolve their own differences and come up with an agreement they believe best meets their needs C. Be more likely to produce an agreement between parties D. Be primarily concerned with getting a settlement
B
Picketing that involves multiple employers at a shared work location is called : A. secondary picketing. B. common situs picketing .C. recognition picketing . D. multi-site picketing .
B
The NLRA specifies that permanently replaced strikers are eligible to vote in a decertification election: A. If they are hired back by the company .B If the election occurs within 12 months of the start of the strike. C. At any time, regardless of when the decertification election is held. D. Not at all; permanently replaced strikers lose all rights to vote in a decertification election.
B
The tendency for management and labor to rely on an arbitrator to make decisions for them, rather than come to an agreement themselves, is known as: A. The chilling effect. B. The narcotic effect. C. The dependency effect .D. The arbitrator authority effect
B
Which of the following could be considered a secondary boycott? A. A union encourages consumers not to purchase from Wal-Mart because Wal-Mart uses nonunion labor. B. A union encourages consumers not to purchase from Wal-Mart because it sells products that are produced by a company that they are currently striking. C. A union encourages its members not to purchase from Wal-Mart because Wal-Mart uses nonunion labor. D. A union refuses to work on a job site where nonunion labor is also working
B
Which of the following statements if false: A. Most industrialized, democratic societies ban the use of permanent strike replacements. B. Employers rely on permanent strike replacements only when the economic conditions warrant their use. C. Employers sometimes intentionally push unions to a strike so they can hire permanent replacements. D. A business could be kept open using temporary, rather than permanent strike replacements in most instances..
B
Workers at Coniff Enterprises recently went out on strike in protest over employer actions it claimed were in violation of the NLRA Section 8(a)(3). The strike lasted for a period of about 50 days before the NLRB ruled that the company was innocent of any wrongdoing. Coniff Enterprises hired temporary strike replacements to keep the business running. At the end of the strike, the striking workers were entitled to:4 A. Immediate reinstatement to their jobs and back pay for the 50 day period B. Immediate reinstatement to their jobs C. The right to be hired first if any of the strike replacements decided to quit or were fired D. Nothing
B
The number of strikes in the U.S. has been steadily declining since around 1975.What factors are likely to explain this decline?
Before the 1980's, strikes typically followed the business cycle. Since that time, however, strike activity has consistently declined and is no longer tied to the business cycle. There are several possible explanations, not mutually exclusive, for this trend. First, it is possible that over time employers and workers have learned that strikes are very costly for all involved and are not rational on a cost-benefit basis. Second, it is possible that more employers are engaged in union substitution practices that increase voice in the workplace and therefore decrease the need for strikes. Third, from a standard economic perspective, strikes occur because information is lacking or asymmetric. It's possible that employers and unions have better information in negotiations today than they did before and they are, therefore, better equipped to reach a settlement. For example, they may have access to more information on the economy, other contract settlements, and each other's strategic objectives. Finally, the decline may result from the increased acceptability of using strike replacements that started in the 1980s which has discouraged workers from using the strike weapon for fear of losing their jobs
Explain what a boycott is and discuss the limitations of the boycott as a tactic to pressure employers to agree to a union's terms in contract negotiations.
Boycotts are campaigns aimed at getting customers to stop doing business with a particular company as a way of pressuring that company to concede to the union's contract terms. Boycotts can be very effective if the union is successful in getting customers to withdraw there business but this can be difficult to do. Unions are only allowed to encourage the boycott the primary target of their labor dispute and are not allowed to apply pressure through other employers by conducting a secondary boycott (or boycott against an employer who is not the primary target.) This greatly limits the potential effectiveness of the boycott. The legal doctrine regarding boycotts is complicated and can make it difficult for both the employer and the union to know what is considered a "fair" boycott. The law can limit the boycott in such a way as to reduce its overall effectiveness (e.g., by treating separate businesses of a parent company as individual businesses.) In addition, as boycotts generally involve picketing, the law regarding picketing also limits the effectiveness of boycotts by restricting both the content and location of the picket.
After a lengthy negotiation involving a series of contract changes agreed to by management and the union, General Soft Drinks refused to make any further changes to the contract even though the union was ready to strike. The parties are: A. committing an unfair labor practice in violation of the NLRA B. negotiating in bad faith C. at a bargaining impasse D. ready for final and binding arbitration
C
Banning the use of ____________________ is one of the labor movement's top legislative priorities. A. offensive lockouts B. temporary strike replacements C. permanent strike replacements D. defensive lockouts
C
Bargaining power and the threat of a strike should affect: A. The occurrence of strikes. B. The duration of a strike. C. The extent to which bargaining outcomes favor labor or management .D. All of the above
C
Fact-finding could be considered inferior to mediation or arbitration for all of the following reasons except: A. It does not guarantee a resolution like arbitration. B. It does not assist the negotiators in their attempt to reach an agreement. C.It does not allow the parties to reevaluate their positions. D. Public pressure is often not enough to encourage the parties to settle
C
In ____________________, the neutral third party investigates the dispute and makes nonbinding recommendations for a settlement. A. mediation B. a public probe C. fact-finding D. arbitration
C
It is sometimes the case that parties to a contract are unwilling to settle a contract because they don't want to take the blame for poor terms of the agreement. In these cases, the parties will often rely on the arbitration process to make the decisions for them. The term used to describe this problem is: A. the chilling effect. B. the ripple effect. C. the narcotic effect .D. the arbitration effect
C
Lockouts are considered illegal if: A. They could potentially harm public safety and/or health B. They are not authorized by the NLRB C. They are deemed by the NLRB to be an attempt to destroy the union D. They are not offensive (versus defensive) in nature
C
The Railway Labor Act makes mediation ____________________ for negotiators in the railway and airline industries. A. legal B. optional C. mandatory D. illegal
C
The ____________________ effect occurs when negotiators develop a dependence on third party dispute resolution methods. A. Chilling B. Work-to-rule C. Narcotic D. Hypnotic
C
When employees protest working conditions by following the employer's rules "to the letter", they are said to be engaged in a: A. Boycott B. Corporate campaign C. Work to rule campaign D. Letter campaign
C
Which of the following is not a typical stage of mediation? A. Setting ground rules and building trust between parties B. Clarifying disputed issues and developing some alternative solutions C. Determining whether any unfair labor practices were committed during negotiations D. Working with negotiators to identify a mutually acceptable agreement
C
A large grocery store is in negotiations with its baggers and checkers. To apply pressure to the store, the employees are allowed to do all of the following except: A. Encourage customers to boycott the store. B. Picket outside the store so long as they are not blocking any entrances. C. Publicize the fact that a large, local meat company is supplying most of the meat sold in the store and has also had a history of antiunion behavior. D Encourage customers not to patronize either the store or the meat supplier.
D
An employee who wants to work instead of strike has the legal right to: A. Cross their own union's picket line but not another union's picket line. B. Resign from the union but cannot cross the picket line. C. Cross another union's picket line but not their own picket line. D. Cross any picket line and/or resign from the union
D
During a strike over a contract dispute, stikers vandalized the company's signage with spray paint. Picket line misconduct such as this can result in: A. Discipline by the union. B. Discipline by the employer. C. Criminal prosecution. D. All of the above.
D
In the U.S., employers have the right to hire temporary strike replacements: A. In an economic strike B. In an unfair labor practice strike C. If they can show the strike would create an economic hardship D. A and b only E. All of the above
D
One possible disadvantage of mediation-arbitration as a method for third party dispute resolution is: A. The threat of arbitration makes successful mediation less likely to occur .B. The mediator-arbitrator develops too much knowledge of the parties' concerns in the mediation phase and can no longer remain neutral in the arbitration phase. C. The mediator-arbitrator can have too much power because of the threat of what they'll do in arbitration .D. The parties may withhold information during the mediation because they fear the mediator-arbitrator will use the information against them in the arbitration phase.
D
The key difference between mediation and arbitration is: A. A mediator is constrained to work with the final offers given by the parties while an arbitrator can create an agreement that lies somewhere in between final offers B. An arbitrator has more ability to come up with an agreement that both parties will be happy with C. An arbitrator is focused on improving the relationship between the parties while a mediator just wants to get a settlement D. A mediator has no authority to make a final and binding decision
D
The key difference between whole or total package final offer arbitration and issue-by-issue final offer arbitration is that: A. Issue by issue final offer arbitration is illegal B. The arbitrator has less freedom to choose between offers in issue-by-issue arbitration C. Issue by issue final offer arbitration is less effective in controlling the "chilling" effect D. Whole package final offer arbitration places more constraints on the arbitrator
D
When employees go out on strike without the authorization of the union, it is called a: A. Secondary strike B. Unfair labor practice strike C. Economic strike D. Wildcat strike
D
When employees strike to force an employer to accept a union as their bargaining agent, it is called a ____________________ strike. A. economic B. unfair labor practice C. wildcat D. recognition
D
Which of the following is not typically a key concern of private sector employers when it comes to bargaining impasse? A. Loss of profits B. Loss of customers C. Bad publicity D. Withdrawal of taxpayer support
D
Describe the arguments for and against the use of permanent strike replacements in economic strikes
Employers argue that the ability to hire permanent strike replacements is necessary to maintain balance in the negotiating process. The main argument against allowing only temporary strike replacements is that it would be too difficult for employers to hire only temporary workers—they need the ability to offer permanent full time employees to be able to continue operations through a strike. Taking this ability away would give unions too much power, causing them to strike more frequently for increased demands that would reduce competiveness and destroy jobs.However, it has been argued that permanent strike replacements are effective in breaking a strike and/or decertifying a union. Workers are essentially fired for exercising their protected rights under the NLRA. Unions argue that this situation creates imbalance in the bargaining process and gives management too much power. They further argue that this is clearly contrary to the original intent of the NLRA
A recognition strike occurs when a union strikes to force an employer to assign work to its members
False
According to standard economic thought, strikes are irrational because it is rare for a union to "win" in a strike.
False
An economic strike is a strike that occurs when workers are unhappy with a country's general economic conditions and seek to apply pressure to government officials to improve the economy
False
Bayfield & Berry's, a large retail company, enters into negotiations with a union in September. With the holiday season a mere 3 months away, the company is fearful of a strike. To preempt such a strike and pressure the union into a favorable settlement, they decide to stage a lockout in October. This is an example of a defensive lockout.
False
Compulsory arbitration laws for public employees are generally the same in all states.
False
Corporate campaigns are union strategies to pressure an employer into settling a contract by engaging in boycotts, intermittent strikes, and work slowdowns.
False
If the President thinks a strike will be dangerous to the national health or safety, the Taft-Hartley Act empowers the President to halt a strike while an arbitrator investigates and issues a final and binding decision
False
When unions and management in the railway and airline industries are unable to reach an agreement, the employer is allowed to implement any terms it wants as long as the contract has expired.
False
Explain the relationship between labor market conditions and the probability of astrike occurring. What other factors do you believe might increase (or decrease) the incidence of strikes nationwide.
If the economy is strong and job opportunities are plentiful, employees may be more willing to go out on strike because there is less fear about losing their jobs. Hiring replacement workers will be more difficult in a strong economy. In a weak economy, however, jobs are scarce and there is significant anxiety about job loss as there are many available replacements.Ironically, it is usually when the economy is weak that unions would most like to strike as they are more likely to be asked for "give backs" at the bargaining table.In addition to the state of the economy, there are several other factors that may increase or decrease the likelihood of a strike. The size of the employer's inventory and/or the strength of product demand will influence the employer's concerns about the possibility of a strike. When there is a large inventory of finished products ready for sale, the employer will be less concerned than when inventory is strong (particularly if demand is also strong). The degree of union solidarity present in the bargaining unit is also a factor that can positively influence the likelihood of a strike. Finally, the ability of the employer to move production to another location, either temporarily or permanently, will influence the likelihood of a strike.
What is the difference between conventional arbitration and final offer arbitration and why might a state choose one over the other as its compulsory dispute resolution system?
In arbitration, the parties present their final offers (and arguments) to an arbitrator for review. Conventional arbitration allows the arbitrator to fashion any terms for a settlement that he or she deems fair. The arbitrator in this case is not constrained to the final offers in deciding the settlement terms. The uncertainty of what the arbitrator will choose and the loss of control by the negotiators over the settlement terms is intended to motivate negotiators to reach their own negotiated agreement without resorting to arbitration. It has traditionally been believed that such a system suffers from the "chilling effect." If arbitrators simply split the difference between the positions of labor and management, each side might hold back from making comprises during negotiations. Thus, the chilling effect may lead to an increase in impasse.In final offer arbitration, the arbitrator must choose either the union or management's offer and is not allowed to deviate from those final offers. Final offer arbitration was created to try to lessen the chilling effect of conventional arbitration. This offer comes in two variations: (1)total package final arbitration, in which the arbitrator must select one party's final offer on all the disputed contract terms (for example wages, health insurance holidays, etc.); and (2) issue-by-issue final offer arbitration, in which the arbitrator can choose either party's final offer on an issue-by-issue basis. It is generally believed that final offer arbitration puts the parties at greater risk of losing if their offers are unreasonable and, hence, should encourage the parties to come closer to an agreement during negotiations.
Describe the legal limitations on picketing. Why do so many restrictions exist?
In economic and unfair labor practice strikes, picketing is legal but with some limitations. Picket line misconduct such as violence or vandalism is not protected by the NLRA and can therefore result in discipline and loss of recall rights at the end of the strike, as well as potential criminal prosecution. Mass picketing that blocks entrances to an employer's property is also illegal. Injunctions by state courts are still used to restrain picketing, and it is not unusual for an injunction to limit the number of picketers at each entrance to an employer's property.Workers that choose to cross a picket line have a legal right to do so. Unions, however, have the right to discipline union members who cross a picket line. Union members, on the other hand, have a right to resign from the union to avoid discipline (e.g., expulsion or a fine). Boycotts are frequently supported by picketing, and the legality of such conduct can be especially complex in the construction industry when employees of numerous companies are working at the same construction site, also known as common situs picketing. When picketing of this type targets an entire work site, it is considered illegal because it includes secondary or neutral employers. The law seeks to balance the employees' right to publicize their dispute with the secondary and/or neutral employers' right to conduct business. Finally, picketing in a union recognition strike is limited to 30 days (with some exceptions)
Describe what mediation is and explain the various stages involved in getting the parties to reach a mutually acceptable agreement.
Mediation is a dispute resolution process in which a natural third party - the mediator - helps negotiators avoid or resolve an impasse. The use of mediation does not need to wait until an impasse occurs, unlike strikes or arbitration. Mediators lack the authority to force a resolution by imposing a settlement on the negotiators; rather, mediation is essentially "assisted negotiation."There are several stages involved in getting the parties to reach a mutually acceptable agreement. First, the mediator sets the stage by collecting information and establishing the ground rules. Second, the mediator works on clarifying the disputed issues and on developing alternative solutions through problem solving. Third, the mediator works to achieve a workable agreement, which encourages the negotiators to reach a settlement.
In 2007-2008, more than 12,000 members of the Writers Guild of America wentout on strike after contract negotiations with the Alliance of Motion Picture and Television
Producers (AMPTP) came to impasse. The strike started in November, 2007 and concluded inFebruary, 2008 and, by some estimates, cost the industry around $2 billion. Given the expense of the strike to the industry and lost income to the writers, what other alternatives might the writers have considered in their quest to pressure the AMPTP to make concessions? Why do you think the Writers Guild decided to strike instead of pursuing these less costly alternatives?One possible action by the writers could have been to encourage a boycott of movies and television programs produced by members of the AMPTP. A boycott would encourage viewers to refuse to watch any programming such programming. This tactic would not, unfortunately, prove to be too successful for the writers for at least two reasons. One, the strikers would have difficulty convincing viewers to give up their shows voluntarily. Two, given the size of the AMPTP, it would be extremely difficult to provide viewers with accurate information as to which shows they should boycott.Another alternative to the boycott or a strike might have been to engage in a work slowdown or work-to-rule. Slowdowns would pressure the AMPTP by imposing costs through lowered productivity while still preserving the writers' jobs. However, a slowdown in this particular industry might anger viewers by lending unpredictability to the viewing schedule. This could possibly turn public sentiment toward the AMPTP and have the unfortunate effect of backfiring on the union.Intermittent strikes might have been another alternative for the writers but intermittent strikes are less effective in an industry where there are lots of employers and alternative program options. In addition, as with the slowdown the intermittent strikes would create unpredictability in scheduling programs and could backfire on the union.Finally, the writers could have embarked on a corporate campaign to create negative publicity for the AMPTP. Corporate campaigns can be very effective when safety is an issue or where there is clear management abuse because the public is more readily engaged in the story. However, no such abuses were at play in this situation where the primary concern was one of compensation. Given this, it would probably be more difficult garner public support
Most government employees do not have the right to strike, regardless of their reason for wanting to do so. Why are strikes generally prohibited in the public sector?
Public sector strikes are prohibited for a variety of reasons (or the combination of these reasons). First, it is argued that striking against the government is an unacceptable threat to the supreme authority of the government. Second, it is argued that public sector employee bargaining power is too high because there are no market-based checks on their demands. Therefore, allowing public sector employees to strike will give them too much power to pressure an employer to concede to its demands. Third, it is argued that government services are too critical to be interrupted by a strike and that allowing strikes to occur in the public sector will pose a danger to the public.
Explain the circumstances under which a U.S. president is allowed to intervene in alabor dispute between management and a union that has resulted in a strike
The Railway Labor Act empowers the president of the United States to create a presidential emergency board if a railway or airline strike threatens prevent essential transportation service necessary for interstate commerce. The board has 30 days to investigate the dispute and issue a report that usually contains nonbinding recommendations for a settlement. The strike is allowed to proceed after 30 days In the private sector, Taft-Hartley allows the president to appoint a board of inquiry to investigate and report on disputed issues if a strike or threat of strike presents a danger to national health or safety. The president can seek a court-ordered injunction halting the strike or threatened strike for up to 80 days. Similarly, in the health care sector the president is allowed to appoint a board of inquiry and halt a strike if it would substantially interrupt the delivery of health care in the locality concerned. Finally, it is possible that the president could seize an operation to maintain production.
Most states invoke some form of third-party dispute resolution to settle contract disputes that occur in the public sector. Explain the main dispute resolution options available to state lawmakers and discuss the degree of control both the third party neutral and the parties themselves have over the process
The three primary third-party dispute resolution mechanisms are mediation, arbitration, and fact-finding. In mediation, the neutral party is a mediator who tries to facilitate an agreement but lacks the power to force an agreement. A mediator has a high level of control over the negotiating process but not the outcome. In arbitration, the neutral third party is an arbitrator who forces an agreement on both parties by issuing a ruling that specifies the exact settlement terms. An arbitrator has a high level of control over the outcome but no involvement in the negotiating process. In fact-finding, the neutral third party is a fact finder who investigates the dispute and makes nonbinding recommendations for a settlement. A fact finder lacks control over both the process and the outcome.
Not all strikes are created equal. Describe the various kinds of strikes that might be used by employees and explain how they are treated under the law.
There are many different types of strikes but perhaps the two most important are the economicstrike and the unfair labor practice strike. Economic strikes are an attempt to pressure the employer to give better wages, benefits, and work rules during contract negotiations. Workers refuse to work until their terms are met. Economic strikes are the most frequent type of strikesin the U.S. and are protected by the NLRA when workers are striking over mandatory bargaining issues. This means workers cannot be disciplined or discharged from raising this strike. However, they can be replaced with either permanent or temporary strike replacements.An unfair labor practice strike occurs in protest of an employer's unfair labor practice(s) or violation of the NLRA. Workers cannot be disciplined, discharged, or permanently replaced but they can be temporarily replaced.A recognition strike occurs when employees are striking to force an employer to recognize and bargain with their union. These are protected by the NLRA but workers can be temporarily or permanently replaced. A sympathy strike occurs when workers strike in a showof support for other workers who are on strike. These strikes are protected under the NLRA aslong as strikes are not violating a no-strike clause in a contract. However, employees may be temporarily or permanently replaced. Wildcat strikes occur when union workers strike in violation of a no-strike clause prohibiting work stoppages over grievances during the life of the contract. These employees can be disciplined for striking by both the union and the employer. Finally, a jurisdictional strike occurs when a union strikes to force an employer to assign certain work to its members. These strikes are prohibited by the NLRA
Bargaining power and the threat of a strike should affect the extent to which bargaining outcomes favor labor or management but not the occurrence or frequency of strikes.
True
Compulsory arbitration is generally effective in discouraging strikes
True
In med-arb, the same neutral third party first tries to get the parties to reach an agreement as the mediator and, if that fails, will deliver a final and binding arbitration decision.
True
In the private sector, the use of third party dispute resolution is voluntary - both labor and management must agree to use it.
True
Public sector strikes are often not allowed in part because it is believed that they have the potential to seriously harm the public interest.
True
The NLRA obligates private section parties to give prior notification to the Federal Mediation and Conciliation Service of pending contract negotiations.
True
The goal of third party dispute resolution systems is to avoid costly strikes.
True
The legality of corporate campaigns is determined by federal racketeering and corruption laws, rather than by labor laws
True
When negotiators in the railway and airline industries reach an impasse in negotiations, they are required by law to try mediation.
True
If bargaining impasses occur so infrequently and so few working days are lost due to strikes, why is it important to study bargaining impasses and various alternative disputeresolution mechanisms?
While it is true that fewer than 3 percent of bargaining notices to the FMCS end up in strikes, it is important to study alternative dispute resolution mechanisms for several reasons. First, the possibility of a bargaining dispute underlies all labor negotiations because the threat of strikes, lockouts, and other pressure tactics ("economic weapons") can be used to try to force the other side to make additional concessions at the bargaining table. Second, bargaining in good faith to an impasse fulfills each side's legal obligation. Third, major strikes can have devastating consequences for workers, employers, and the public so understanding how they occur and how they can be avoided is important. Fourth, some dispute resolution methods canbe used before an impasse is reached (especially mediation), and others are designed to prevent an impasse from occurring (especially arbitration); thus their significance is greater than a low dispute rate might otherwise indicate. Finally, the method used to resolve bargaining disputes is a distinguishing feature between different labor relations systems or laws. The method chosen, can create differences in the labor relations environment.
Oshkosh Corporation is a large manufacturer of military vehicles used in Afghanistan. If Oshkosh Corporation workers went out on strike and the President believed that this strike presented a significant threat to the nation's safety, he could do all of the following except: A. Discharge the strikers and replace them with new workers B. Appoint a board of inquiry to investigate the labor dispute C. Seek a court-ordered injunction preventing the strike D. Ask Congress to legislate a settlement to the strike
A
The decline in strike activity since the 1980's can be attributed to all of the following except: A. Strikes track the business cycle and business is less cyclical today than in the 1980's. B. Both parties have better information today than in the past .C. There is increased resistance by management .D. There is less uncertainty in important market forces like inflation
A
Which of the following is likely to decrease an employer's bargaining power? A. A strong economy .B. A large number of products in inventory. C. Slowed or idle plants in other parts of the country. D. A loose labor market.
A
Employers are allowed to: A. Permanently replace strikers in both interest and rights disputes. B. Permanently replace strikers in interest disputes but not in rights disputes. C. Temporarily replace workers in interest disputes but not in rights disputes. D. Permanently replace strikers in rights disputes but not in interest disputes
B
In the public sector where striking is often illegal, a(n) ____________________ often triggers a mandatory dispute resolution mechanism such as mediation, arbitration, or fact-finding. A. rights dispute B. bargaining impasse C. interest dispute D. grievance
B
The Supreme Court's decision in Mackay Radio is controversial because the Court stated A. It was legal for employers to use employees to do the work of individuals on strike during an economic strike B. Employers did not have to discharge strike replacements to make way for strikers to return to their jobs following a strike C. Strikers would need to be hired back immediately following a strike D. Strike replacements are illegal
B
The actual proportion of total work days that are lost due to strikes is: A. Approximately 1%. B. Less than .01 of 1%. C. More than the number lost due to sick days. D. More than 50%
B
Which of the following statements is true about recognition strikes? A. Recognition strikes are illegal. B. In a recognition strike, picketing is allowed for only the first 30 days. C. Recognition strikes are treated exactly like economic strikes under the law. D. An employer cannot hire strike replacements in a recognition strike.
B
During the 1984 negotiations between General Motors Canada and the UAW, there was a spontaneous work stoppage at the Ottawa plant before the authorized strike date. This is an: A. A recognition strike. B. An unfair labor practice. C. A wild cat strike. D. A sympathy strike
C
The incidence of strikes can be predicted in part by all of the following except: A. The unemployment rate B. The size of the bargaining unit C. The duration of the collective bargaining agreement D. The business cycles
C
U.S. public policy sees striking as: A. A civil liberty rooted in freedom of association. B. A civil liberty rooted in freedom of speech. C. An economic activity to secure better working conditions. D. A outcome associated with too much power in the hands of labor.
C
Which of the following is a strike not protected under the NLRA? A. economic B. unfair labor practice C. jurisdiction D. recognition
C
Which of the following is not an interest dispute? A. Wage levels B. Seniority based layoff systems C. Whether a particular employee has been properly disciplined D. Whether employees should participate in management decision making
C
Which of the following is true with respect to strike activity in the U.S.? A. It declined sharply after WWI but has increased steadily since. B. It has increased steadily since WWII. C. It has declined sharply since the 1980's. D. It has remained steady throughout most of U.S. history
C
Bargaining in good faith to an impasse: A. Violates the NLRA. B. Creates a mutual obligation to mediate the contract. C. Means the current contract terms must stay in place. D. Fulfills each side's bargaining obligation.
D
Legislation governing public sector employment relations generally prohibits public sector strikes for all of the following reasons except: A. Striking against the government is an unacceptable threat to the supreme authority of the government. B. Public sector employee bargaining power is too high because their demands can too easily be passed onto the tax payer. C. Government services are too critical to be interrupted. D. Public sector jobs tend to be high-paying jobs without unionization
D
Which of the following is not a key difference between permanent and temporary strike replacements? A. Permanent strike replacements are allowed in economic strikes but not in unfair labor practice strikes. B. After the contract is settled, permanent strike replacements are allowed to keep their jobs while temporary strike replacements must be let go to make room for returning striking employees. C. Temporary strike replacements do not become union members after a contract is settled while permanent strike replacements will have to become union members. D. Permanent strike replacements must receive all of the benefits of the union contract during the dispute while temporary strike replacements cannot.
D
At the end of the NFL lockout of referees, the NFL could have kept the replacement referees on staff without hiring back the union referees if they had wanted to do so
False
Corporate campaigns, while highly successful tools against management, are considered illegal activity under the NLRA.
False
Due to the fact that strikes are often held to be illegal, unions have begun to use alternative tactics to pressure employers such as boycotts and work slowdowns.
False
If the primary goal of a dispute resolution system is to improve the relationship between disputing parties to avoid future disputes, the best option is fact-finding.
False
In 2012, the pressure that NFL fans, coaches, and players put on the owners to settle their dispute with referees could be considered a "corporate campaign."
False
In final offer arbitration, the arbitrator is not constrained in deciding the settlement terms and can create any terms he or she deems fair.
False
In the 1950's, approximate number of lost days due to strike activity in the U.S. was 1/5th of the total working days. Today it is less than 1/100th of the total working days
False
In the midst of a contract dispute with Logan's Sports, the employees decide to picket outside Logan's main entrance. In addition, because Logan's is located in a shopping mall, the employees decide to picket at the main mall entrance. Both of these picketing actions are considered legal.
False
It is an unfair labor practice for unions to fine or otherwise punish workers (union or nonunion) who cross a picket line.
False
It is illegal for employees to cross their own union's picket line.
False
Med-arb is a third party dispute resolution system that allows the parties to choose between a mediation or arbitration to settle a dispute
False
Mediation is similar to arbitration in that both require the parties to reach a mutually satisfactory resolution to their dispute.
False
Mediators are typically more concerned with getting the parties to reach an agreement than they are with helping the parties to improve their relationship so as to avoid future conflict.
False
Negotiators sometimes begin to rely too heavily on arbitration as a means of settling their contract disputes, rather than working hard to come to their own agreement. This is known as the chilling effect.
False
Preston Beverages is engaged in a labor dispute with its manufacturing employees. To show their support for the employees, Preston's drivers generate a campaign to boycott Preston's sodas and flavored waters. The drivers are engaged in a secondary boycott
False
Regardless of the nature of the strike, employers are allowed to hire permanent strike replacements if they deem it necessary to preserve their business.
False
Regardless of the type of strike, all strikers have the same rights under the NLRA
False
Regardless of whether workers strike over "mandatory" or "permissive" bargaining issues, the NLRA protects their right to strike and they cannot be discharged or disciplined fortheir strike activity.
False
Research clearly shows that final offer arbitration is more effective in getting the parties to agree on contract terms than conventional arbitration.
False
The frequency with which a union goes out on strike is a good measure of the bargaining strength of that union.
False
When fact-finding fails to produce an agreement between disputing parties, the NLRB may step in and force an agreement upon the parties.
False
When it comes to the legality/illegality of strikes, the rights of strike replacements, and the rights of strikers, all strikes are treated the same.
False
When the National Mediation Board offers arbitration to negotiators covered by the Railway Labor Act, they are obligated to accept.
False
Work-to-rule campaigns are seldom successful because following all of the employer's rules to the letter is actually best for most business.
False
Workers cannot be disciplined or discharged for participating in unfair labor practice strikes even if the NLRB ultimately determines that the employer is innocent of any wrong-doing.
False
A defensive lockout occurs when an employer refuses to allow employees to work to prevent losses from an expected strike.
True
A fact-finder is a neutral third party responsible for investigating a labor dispute and issuing recommendations for a settlement which may or may not be adopted by the parties.
True
Annually, only around 1 percent of the contracts that are opened for negotiations end up in a strike.
True
Final offer arbitration is generally believed to encourage the parties to negotiate more than conventional arbitration because it is riskier for negotiators to present extreme final offers.
True
If the NFL football players went out on strike to support the referees in their negotiations over wages and working conditions, it would be considered a sympathy strike
True
If the primary goal of a dispute resolution system is to create pressure that will encourage the negotiators to settle their differences, arbitration is the best option.
True
In conventional arbitration, the arbitrator can look at the final offers of each party to a dispute and create any settlement he or she deems appropriate.
True
Interest arbitration is voluntary in the private sector but often mandatory in the public sector.
True
It is estimated that strike replacements were used in 10-20 percent of strikes during the 1980s.
True
It is illegal for picketers to block an entrance to an employer's place of business.
True
One explanation for the decline in strike activity in the U.S. is that, since employers are more likely to use strike replacements and the use of strike replacements has become more acceptable to the public, the potential cost of the strike to workers is greater than to employers.
True
Preston Beverages is engaged in a labor dispute with its manufacturing employees. To show their support for the employees, Preston's drivers generate a campaign to boycott the stores that sell Preston's sodas and flavored water. The drivers are engaged in a secondary boycott.
True
Rights disputes occur over the application and interpretation of contract language in a particular situation.
True
Striking to support other workers who are on strike (for example, by not crossing their picket line) is a sympathy strike
True
The Mackay doctrine holds that employers can hire permanent strike replacements as well as temporary strike replacements in an economic strike
True
The PATCO strike in 1981 is commonly recognized as a turning point for labor in that it marks the start of a rise in the use of permanent strike replacements as a way to break a union
True
The Supreme Court has ruled that at the conclusion of a strike, employers must offer available jobs to the former strikers before hiring any brand new employees
True
The purpose of a strike is to increase the employer's cost of disagreeing with the union's demands by depriving the employer of its profit-generating ability
True
The tendency of labor and management to take extreme positions in their final offers in the hopes that an arbitrator will "split the difference" between offers is known as the chilling effect
True
Unions frequently use picketing to publicize a boycott.
True
Unions usually give up their right to strike over grievances in exchange for a final and binding arbitration clause
True
When workers picket a site with multiple employers, such as a construction site or a shopping mall, it is known as common situs picketing
True
