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Assignment 1

Assignment Requirement: PLEASE READ!!!!!!

ALL ASSIGNMENTS MUST INCLUDE 2 ADDITIONAL SOURCES!!!!!!!

References to the text must be accompanied by an in-text citation in the body of the paragraphs and listed on the reference page. Proper grammar, spelling, and punctuation are required. Include outside sources, in addition to the course textbook to support your thoughts and opinions. Be sure to list as references, any source of research you have used in your paper. In this course, we use the American Psychological Association (APA) 7th Edition. The abstract is not required. A title page and the reference page are required for this writing assignment.

Title page to include:

Running head

• Page number
• Title of the paper
• Your name
• Course Number
• Instructor’s Name
• Date

Module 6

1. Who are the principal parties involved in the collective bargaining process? What are their roles?
2. What is the purpose of a management rights clause? Do you agree with the reserved rights theory, why or why not?
3. Why have the number of major economic strikes in the U.S. declined ?
4. What is the purpose of a union picket line? Why are they less successful today than in past years?

Module 7

1. Why must labor and management be able to accurately determine the cost of wage proposals?
2. How should negotiators treat the roll-up costs when negotiating wage changes?
3. Why might union negotiators favor front-end loaded deferred wage increases? Are there potential drawbacks?

Module 8

1. Why might workers be ineligible for retirement funds from a private pension plan, although they have worked all their lives?
2. Why do workers try to negotiate wage employment guarantees?
3. Who is responsible for COBRA payments?
4. Why does management dislike pyramiding of overtime?

Assignment 2

Case Study Assignment

Case Study 12-2 Arbitrability (pg. 462)

In September 1981, the union grieved the company’s announced intention to lay off 79 employees from its Chicago location. The union contended there was no lack of work at that site, and under the contract the company can lay off from the site only when there is a lack of work. Despite the grievance, the company laid off the employees and transferred approximately 80 employees from other locations to the Chicago location. The union demanded that the dispute be arbitrated, and the company refused. The company claimed that the “management functions” clause of the contract gives it the prerogative to determine “lack of work” and that as long as it lays off in the order prescribed by the contract, there is nothing to arbitrate. The union contended that certain provisions of the contract modified the “management functions” clause and requested the court to order arbitration. The lower court found there were arguable issues to arbitrate and ordered the parties to arbitrate the arbitrability issue; in other words, an arbitrator would decide whether she had jurisdiction under the contract of the issue in dispute. Before this could happen, the company appealed the lower court’s ruling. The company argued that the lower court erred in not simply deciding whether the dispute was subject to arbitration. It contended that under the Steelworkers Trilogy cases, the courts, not the arbitrator, must decide whether the issue is subject to arbitration. The company proposed the following points: Arbitration is a matter of contract, and parties cannot be forced to submit issues to arbitration that they have not agreed to submit. Unless the contract clearly provides otherwise, arbitrability is a judicial determination. In deciding arbitrability, the court is not to decide on the merits of the claim. Where the contract has an arbitration clause, the presumption is for arbitrability. The lower court pointed out, however, that the exception to the rule is found when deciding the arbitrability of the case would also involve the court in interpreting the substantive provisions of the labor agreement. The union’s position was that the layoffs were subject to arbitration, and they pointed to sections of the labor agreement to prove this. The “management functions” clause, the “adjustment to the working force” clause and the “arbitration” clause must be read together and interpreted. The court could not decide arbitrability in this case without interpreting these sections and therefore deciding the substantive issue. It is for an arbitrator to decide the substantive issues.

Questions

1. Should the court decide whether there is an issue to arbitrate, or should an arbitrator?
2. Give the reasons you think arbitration is a superior resolution process to court action in contract disputes.
3. Give the reasons you think a court action is a superior resolution process to arbitration in contract disputes.