Pool of Discussion Questions for the Mid Term Exam

HRM 6635 Pool of Discussion Questions for the Mid Term Exam 1. What are the major components of the John Dunlop model of an industrial relations system? Provide at least one specific example of how each component that you cite is implemented, characterized or embodied in the United States industrial relations system that we have studied to date. a. 2. What was the major legal weapon used by management against the union movement from the beginning up through 1932? Why was the Norris-La Guardia Act necessary and what specific remedies did it provide? a. The Norris-La Guardia act placed restriction on the issuance of labor injunctions during labor disputes and making yellow dog contracts unenforceable in court. Yellow dog contacts were an agreement stating that the employees would neither join a union nor assist in organizing one. b. The Norris–LaGuardia Act (also known as the Anti-Injunction Bill) was a 1932 United States federal law that banned yellow-dog contracts, barred federal courts from issuing injunctions against nonviolent labor disputes, and created a positive right of noninterference by employers against workers joining trade unions c. (1)Allowed employees a greater voice in seeking to advance and protect their legitimate job interests d. (2) declared that a yellow dog contract would be unenforceable in federal court e. (3)encourage the courts to adopt a more impartial or neutral role in seeking to protect and enforce the legitimate rights of employers and employees. f. (4)express congressional support fo rhte process of collective bargaining as an appropriate means for employees to improve and protect their employment interests. 3. One of the reasons for the passage of The Clayton Act was to improve the lot of the labor union. How did it attempt to do this? Was it successful? a. Was an attempt to reverse the courts interpretation of the Sherman antitrust act. It seemed to free organized labor from the restraints of antitrust prosecution. The supreme court interpreted congress’s intent in passing the clayton act as reaffirming a labor organizations right to exist so long as it sought to achieve lawful ends using lawful means. It actually hurt union growth and development more then it helped. Under the Clayton act employers could directly seek a court order for a labor injuction rather then having to ask a US district attorney to see such a court order as had been required under the Sherman act. 4. The purpose of legislation in the industrial relations area is to ensure industrial democracy. How did the Taft-Hartley Act attempt to serve this purpose? [Specifically what were the changes (amendments) to the Wagner Act that were added by the TaftHartley Act?] a. Known as the Labor-Management relations act enacted over the veto of president Truman. Retains NLRA protections for employee collective activity but adds protection for the right of individual employees not to engage in collective activity and imposed restrictions on union conduct similar to restrictions imposed on management conduct by the NLRA b. Wagner act listed unfair employer practices, it did not address the issue of similar actions by unions. In response Congress passed the Taft Hartley act. c. Wagner act help shape managements disciplinary policy, it prohibited the discriminatory discipline of employees because of their union activites or membership. 5. You have been asked to develop a position paper on the subject of, "Why People Join Unions," for presentation to a management meeting. It has also been suggested that you divide your list into Economic, Psycho-Social and Quality or Quantity reasons. a. 6. Describe the procedure to be followed in the processing of an unfair labor practice complaint up through a U.S. Supreme Court decision. a. 7. The signing of authorization cards by prospective union members is one of the initial steps in securing recognition of a union. As soon as the union has 30% of the members in the bargaining unit `signed up' it can request a recognition election from the NLRB. Most good strategists advise that the union have at least 50% `signed up'. Comment on the wisdom of this advice in the light of your reading. a. 8. Describe, in detail, the sequence of events in the formation of a union local from the initial `idea' up to the point where collective bargaining would be required. Be sure to include, in your answer, a discussion of the various ways that you could secure recognition of your local union. a. Identify the target: an employee contacts a local union office to learn how to organize at their place of work, can also start when a union decides a company has importance and they initiate contact with employees b. Determine interest: the union repr visits company to see if enough employees are interested in a union to make a compaign worthwhile. Look to see which employees would make good leaders and review company policies. c. Create an organizing committee: union rep calls on the employees who are identified as leaders and establishes an organizing committee, this is to educate the committee on the benefits of forming a union and the law and procedures involved, and issues management will make during a campaign. d. Build further interest: solicit employees to sign authorization cards and the campaign goes public and hands out leaflets and letters etc. e. Petitions the NLRB for recognition, the NLRB will appoint a hearing officer to seek questions to see if the movement can go forward. f. Launch the campaign: union and company make appeals to employees for votes. g. Hold the election, held 30 days after NLRB order h. Evaluate the election results: i. Negotiate a contract if election is won by union 9. Which categories of employees are excluded from protection, or receive special consideration, under the labor legislation (NLRA, LMRA, LMRDA) that is currently in effect? (Be sure to differentiate between those excluded versus those receiving special consideration. Also be sure to describe the nature of the special consideration that certain groups of employees receive.) a. Agricultural laborers , though some states have enacted a collective bargaining law to cover them b. Individuals employed by RLA (rail and airline) c. Individuals employed as domestic or private household d. Individuals employed by a parent or spouse: case by case excluded due to closeness of the owner of business e. Public sector employee: (fed, state,local). US postal are the exemption they are covered under the Postal reorganization act of 1970. f. Independent contractors g. Supervisors: extended to include any manager who participates in the formulation or execution of management policies and procedures. 10. You are the industrial relations director for WLWI radio in Montgomery, Alabama. Your employees have been members of the CWA for the past 5 years and the union has presented you with a list of their demands for changes in the old contract when it is renewed. The union representative has said that if you don't agree to at least bargain on each of these items the union will file Unfair Labor Practice Charges with the NLRB and go out on strike. Among the demands are: (1) an 8% cost of living increase/allowance for active and (2) retired members. (3) Full pay and allowances for union members while they are negotiating the new contract. (4) A mandatory dues check-off clause in addition to (5) a union shop provision. (6) That the company furnish steel toed work shoes, free of charge, to all maintenance employees. Why or why not must you negotiate on all of these issues? What are the possible consequences of your refusal to bargain on any of these issues? a. Pg276 11. Boulwarism was a bargaining strategy of the General Electric Co., in the 1960's. By 1969 this strategy was not considered to be `Good Faith' bargaining within the intent of Section 8(d) of the 1947 law. What is `Good Faith' bargaining and how did GE's action (Boulwarism) not meet the criteria? a. Good-faith bargaining generally refers to the duty of the parties to meet and negotiate at reasonable times with willingness to reach agreement on matters within the scope of