Negotiations and Labor Relations - Assignment Example

An Essay on Human Resources Table of Contents Table of Contents 2 Part Multiple Choice 3 Part 2: Essay Questions 7 References 14 Part Multiple Choice 1. Who was responsible for forming the American Federation of Labor in 1886? The American Federation of Labor (AFL) was formed by Samuel Gompers during 18886. The Federation consisted of skilled member sets that focused on the earning of bread and butter for the member population (Holley, Jennings, & Wolters, 2011). 2. One reason for falling union membership in recent years is that unions have been seen as largely ineffectual. The union members are observed in losing confidence over the unions in protecting and improving their jobs and job conditions respectively (Vassilopoulos, 1997). 3. Which among the following is false concerning the benefits and consequences of union membership? The statement that American Workers earn less than nonunion workers is false such that in a report published by the Bureau of Labor Statistics reflects that the per hourly wage rate of the American unionized workers are greater than the non-union base. The report published during 2002 reflects that the average earnings of workers belonging to the labor union on an hourly basis is $20.65 in contrast to that of the non unionized workers getting an average hourly pay for $16.42 (Longley, n.d.). 4. The decision to unionize may be based on (e) all of the above. 5. The agency shop form of union security means that the (c) employees who do not belong to the union must still pay dues. Fees paid by non-union members are observed to be ‘agency fees’ (Cram101 Textbook Reviews, 2012). 6. In which human resource activity does a typical labor agreement give the union a role? A typical labor agreement gives the unions to play a significant role relating to the designing of the compensation program. 7. The Norris-LaGuardia Act passed during 1932 “guaranteed each employee the right to bargain collectively free from interference, restraint, or coercion” (Dessler, 2011, p.549). 8. A contract that allows management to require nonunion membership as a condition for employment is called a Yellow Dog Contract (Williams, 2011). 9. Prior to 1930, employers attempted to limit the influence of unions using all of the following methods except (b) collective bargaining. It was observed that prior to the 1930 period no effective legislative practices concerning employment existed. Thus there was no existence of collective bargaining practices. On the contrary, the use of spies and yellow dog contracts was rampant (Fishback, 2008). 10. The National Labor Relations Board (NLRB) was established by the Wagner Act to enforce its provisions (Griffin, 2006). 11. The Norris-LaGuardia Act guaranteed each employee the right to bargain collectively free from interference, restraint, or coercion and also made yellow dog contracts unenforceable in federal courts (Baird, 1984). 12. The Wagner Act provided for secret-ballot elections for determining whether a firm’s employees would unionize (Dessler, 2011). 13. The Taft-Hartley Act limited unions in all of the following ways except (b) establishing the National Labor Review board. 14. According to the Landrum-Griffin Act, national and international unions must elect officers at least once every five years. The national and international unions are observed to elect officers in tenure of five years based on the use of a secret ballot system (Dessler, 2011). 15. Willingness to compromise is not a violation of the requirement for good faith bargaining stipulated in the National Labor Relations Act (Gould, 2012). 16. Permissible Bargaining items are (a) a part of negotiations through joint agreement of both management and union (Dessler, 2011). 17. All of the following are examples of mandatory bargaining items except hours. 18. All of the following are examples of permissible bargaining items except (c) severance pay. 19. Illegal bargaining items are (b) forbidden by law (Dessler, 2011). 20. Mandatory bargaining items are (c) items which must be negotiated according to law (Dessler, 2011). 21. In the process of collective bargaining, a deadlock takes places when the parties are unable to move toward settlement. 22. Negotiators use all of the following types of third-party interventions to overcome an impasse except (e) picketing such that picketing is not a third-party intervention method. 23. Which third-party intervention uses a neutral third party to assist the principals in reaching agreement? With the help of (b) Mediation a neutral third party tends to assist principals in reaching an agreement. 24. Mediation to (a) assist the principals in reaching an agreement is used by negotiators to end an impasse. 25. Which intervention method listed below is the most definitive of all third-party interventions? Binding Arbitration (c) is the most definitive of all third-party interventions such that the arbitrator has the authority of helping the parties arrive at an agreement through potentially declaring the settlement terms (Dessler, 2011). 26. Fact finding seeks to end an impasse by (b) studying the issue in a dispute and making a public recommendation. A fact finder works as an neutral element that works in identifying the different issues that gives rise to a dispute before making it public for arriving at reasonable settlements. 27. Arbitration means ending an impasse by (a) assisting the principals in reaching an agreement. 28. Which form of arbitration means that both parties are committed to accepting the arbitrator’s decision? Binding arbitration (b) denotes that both parties are committed to accepting the arbitrator’s decision. 29. Which form of arbitration seeks to interpret existing contract terms? Interest arbitration (a) seeks to interpret existing contract terms. 30. An economic strike (e) results from a failure to agree on the terms of a contract. 31. Which type of strike is unauthorized and occurs during the term of a contract? (a) Unfair labor practice is unauthorized and occurs during the term of a contract. 32. When employees picket their employer by carrying signs near the employer’s place of business they seek to (b) inform the public of the labor dispute. 33. Employers dealing with an unfair labor practice strike can use all of the following responses except (e) hire permanent replacement workers. Permanent replacement workers cannot be employed by the employers till the strike ends. 34. Under which scenario must an employer rehire strikers who wish to be reinstated? Following unfair labor strikes an employer rehire strikers who wish to be reinstated. 35. Employees who go on strike risk losing their jobs permanently in all of the following situations except (d) unfair labor practice strikes. 36. The collective bargaining agreement is signed by the employer and by the: (b) local union. 37. Employers that appoint a committee to manage an anti-union campaign usually lose because: (b) committees produce effective decisions. 38. An employers primary defense against unionization is (a) a first line supervisor. 39. The cornerstone of effective labor-management relations is (c) good faith bargaining . 40. Administering the day-to-day contract is performed through the (c) collective bargaining. Part 2: Essay Questions 1. Collective bargaining is identified as a process or as a mechanism or tool relating to industrial relations which acts as a mode of negotiation that is applicable to employment relationships. The role of the union relating to collective bargaining is observed to bear a collective interest such that the same contributes in both benefitting the employer and the employees. Collective bargaining to be successful requires the fulfillment of certain salient conditions such that people are free to effectively associate with each other and such that their actions are governed by an existing legislative system concerning employment. Collective bargaining is also observed to be a continuing process where negotiations between the members are carried out in the background to help motivate the parties to the process in achieving potential solutions to issues and problems. Specifically speaking the aspect of collective bargaining is based on negotiations pertaining to employment terms and working conditions that are carried out between an employer or the organization of the employer with the employees or the representative groups of the employees. Collective bargaining is observed to be used by the trade union groups to help in bettering up the working conditions and the economic positions of the employees that have gained membership to such union bodies. Further collective bargaining process as a tool also contributes in helping in reaching a balance in the unequal bargaining carried out by the employer or the employer groups with the employees. Collective bargaining as a process is encouraged such that the same helps in arriving at a consensus through use of dialogues rather than the use of potential conflicts. Use of collective bargaining as a process also gains significance such that the same does not tend to require the incorporation of third party like that in case of arbitration. Collective bargaining as a process also contributes in enhancing the existing industrial relations such that the same encourages the growth of participation of different members to the organizational decision making (Sims, 2002). The employees and the union bodies are required to evaluate the different priority issues that are needed to be discussed in a collective bargaining session. Issues related to different types of compensations like hourly wages, wages based on piece rates, pensions and other medical benefits earn significance to be discussed in the collective bargaining process. Moreover the collective bargaining process earns effective justification such that it helps both the management and the union bodies to achieve a win-win situation. Other than the economic issues relating to compensation scales and other benefits and allowances the issues relating to change in working conditions and durations and their impacts on the employees need to be discussed on a priority basis in the collective bargaining programs. Similarly other issues relating to growth of working hours and change in the leave structure also earn effective significance relating to collective bargaining. Other issues relating to job security and also of the right of promotions and effective performance appraisal programs also earn needed significance to be discussed by the union bodies with the management during the collective bargaining process. The issues relating to knowledge development and enrichment of the employees at the workplace also need to be taken cared through forming discussion by the organizational members with the management in the collective bargaining meets (Hayter, 2011). 2. The Basic elements of collective bargaining can be divided into three main types like the wage and non-wage elements, institutional and other administrative issues. Pertaining to wage and non-wage elements the collective bargaining can be used as an effective tool that can be used for development of the real wage conditions of the employees and also in helping improve their social positions. Similarly the use of collective bargaining process can be effectively employed in reducing the inequalities in the workplace relating to gender and social class. Through the use of collective bargaining thus considerable amount of work equity can be generated in the workplace to help in generating growth opportunities for one and all. Thus one of the significant elements related to collective bargaining relates to the development and growth of equitable standards and fair standards at the workplace for the different organizational members. Similarly relating to the institutional framework the elements of collective bargaining closely indicates on the development of safety and health standards of the workers in the workplace. In that the collective bargaining systems focus on the generation of health and safety policies to help protect the interests of the stakeholders like employees. Collective bargaining also contributes in evaluating the effectiveness of the implications of the legislative and regulatory policies at the workplace. It thus helps in monitoring the existing regulatory and legislative framework of the organizations (Wright, 2011). The effectiveness of the collective bargaining program can be rightly fulfilled such that the same is conducted based on five main steps underlined as follows. The first stage entails preparing the two teams that would take effective part in the collective bargaining activity. Members relating to the union bodies and the management teams need to be rightly selected that would need to reflect needed skills and expertise in handling the issues that ought to be discussed in the collective bargaining program. The second step relating to the negotiation process in collective bargaining entails the understanding and the evaluation of the issues that needs to be discussed and highlighted in the collective bargaining phase. The above process is beneficial for both the management and the employee groups. The third step focuses on the brainstorming of different ideas and issues that needs to be discussed from the perspectives of both the management and employee groups. In this members of both sides tend to propose different opinions that are exchanged amongst each other in the form of messages. The fourth essential step relates to the forming of agreements through the conducting of bargaining activity between the employer and employee bodies. In this stage the managerial and employee groups tend to conduct effective bargaining activities to generate effective solutions to the emerging organizational issues. Finally the fifth stage relating to the collective bargaining process focuses on arriving at a consensus between the parties to the process to help in generating effective visions relating to the organization and the workplace and also helps in formulating effective strategies to help design new programs to generate needed effectiveness. The final stage thus contributes in designing an organizational change framework based on a negotiation framework. The above steps thus effectively reflect the manner in which the collective bargaining process needs to be conducted to gain needed advantage (Sims, 2002). 3. In contract administration though the decision taken by the management body of the organization is the most essential in contributing in the execution of the contract administration process the role of supervisors cannot be underestimated. It is observed that the supervisors tend to act as the effective bridge between the management body and the employee groups consisting of rank workers. The supervisors relating to the different departments are observed to be the main contact points with the employee union leaders such that these people tend to reflect enhanced knowledge relating to the current workplace and also the different problems and issues countered by the employees in the workplace. These people thus focus on arriving at potential solutions to the organizational issues through closely working with the union leaders or stewards. The relationship between the supervisors and union leaders contribute to a significant extent in enhancing the group leadership skills in the organization and also contribute in the growth of equitable and fair practices at the workplace. It thus focuses on generating a positive environment contributing in the growth of people at the personal level. Relating to the element of grievance procedure it is to be observed that development of negotiations in the workplace chances of emergence of differences in opinions may tend to take place between the supervisors and the union stewards. Growth of such differences in the dialogue between the management and the unions tend to account for the main reasons for the emergence of strikes and lockouts and thus need to be sorted out based on contractual regulations in an effective fashion. It is in this light that the process of grievance procedure gains effectiveness such that the same contributes in generating amicable solutions to the growth of differences in the opinions of the different parties. The grievance procedure is met in an effective position such that the same is conducted based on legislative and regulatory paradigms relating to the contract laws and regulations in place. Certain regulations in the workplace tend to restrain the people from generating grievances on issues relating to compensation schemes, leaves and overtime duties and also related to the issue concerning employment and job security. Grievance procedure relating to contact administration is constituted of different steps that range from encouraging the members to form informal discussions which are then finalized through the development of written agreements amounting to arbitration (Rabin, 2003). Finally the elements related to the Arbitration procedure pertaining to the Contract Administration process entails different points relating to naming and identifying the parties to the trade and also to the dispute. Further it also tends to evaluate the nature of the dispute that is caused between the parties and also requires the issue to be potentially resolved by an act of arbitration. After underlying the agreement to form effective arbitration the agreement is read to the parties to the arbitration activity. It also tends to highlight the venue or the location where the arbitration proceedings and procedure is required to be effectively met. The arbitration proceedings are observed to be carried out an informal level and are tended to carry out in a flexible fashion. Though the arbitrators need not be bounded by potential legislations yet the arbitration procedures are required to be enforced based on rules and legislative procedures. The arbitration procedure is met like that of a legislative procedure where the parties to the arbitration are required to be present at the venue where the arbitration procedure is needed to be carried out. The parties to the arbitration are required to be ready with different documents and testimonials that are required to be presented to an individual or to a panel of arbitrators for arriving at potential resolutions and agreements. Arbitration process is observed to incorporate a larger time period than in the case of litigation activities. On the other hand the aspect of arbitration proceedings is observed to be less costly than that of the court proceedings which in turn tends to generate greater benefits to the parties involved in the arbitration activity (American Water Works Association, 1996). References American Water Works Association. (1996). Construction Contract Administration. United States : American Water Works Association. Baird, C. W. (1984). Opportunity Or Privilege: Labor Legislation in America. United States : Transaction Publishers. Cram101 Textbook Reviews. (2012). e-Study Guide for Labor and Employment Law: Text & Cases, textbook by David Twomey: Law, Business law . United States : Cram101 Textbook Reviews. Dessler, G. (2011). A Framework For Human Resource Management. New Delhi: Pearson Education India. Fishback, P. V. (2008). Government and the American Economy: A New History. United States : University of Chicago Press. Gould, E. H. (2012). Among the Powers of the Earth: The American Revolution and the Making of a New World Empire. United States : Harvard University Press. Griffin, R. W. (2006). Student Achievement Series: Principles of Management. United States : Cengage Learning. Hayter, S. (2011). The Role of Collective Bargaining in the Global Economy: Negotiating for Social Justice. United States : Edward Elgar Publishing. Holley, W., Jennings, K., & Wolters, R. (2011). The Labor Relations Process. United States : Cengage Learning. Longley, R. (n.d.). Union Workers Earn More Than Nonunion. Retrieved August 4, 2014, from About.com: http://usgovinfo.about.com/cs/jobsemployment/a/unionwages.htm Rabin, J. (2003). Encyclopedia of Public Administration and Public Policy: K-Z. United States : CRC Press. Sims, R. R. (2002). Organizational Success Through Effective Human Resources Management. United States : Greenwood Publishing Group. Vassilopoulos, J. (1997). Why is union membership falling? Retrieved August 4, 2014, from Green Left Weekly: https://www.greenleft.org.au/node/15498 Williams, W. E. (2011). Race and Economics: How Much Can Be Blamed on Discrimination? United States : Hoover Press. Wright, M. J. (2011). Collective Bargaining and Safety and Health. Retrieved August 4, 2014, from www.ilo.org: http://www.ilo.org/oshenc/part-iii/labor-relations-and-human-resource-management/item/200-collective-bargaining-and-safety-and-health Read More