Week 2 Discussion
Supporting Lectures:
Review the following lectures:
- Negotiating the Labor Agreement, Examining Issues, and Resolving Negotiation Disputes
- Contract Administration, Arbitration, and Employee Discipline
Discussion Questions
Before beginning work on this discussion forum, please review the link “Doing Discussion Questions Right” and any specific instructions for this topic.
Before the end of the week, begin commenting on at least two of your classmates’ responses. You can ask technical questions or respond generally to the overall experience. Be objective, clear, and concise. Always use constructive language, even in criticism, to work toward the goal of positive progress. Submit your responses in the Discussion Area.
Introduction:
By the due date assigned, respond to the assigned discussion questions and submit your responses to the appropriate topic in this Discussion Area. Respond to the assigned questions using the lessons and vocabulary found in the reading.
Select any one of the following starter bullet point sections. Review the important themes within the sub-questions of each bullet point. The sub-questions are designed to get you thinking about some of the important issues. Your response should provide a succinct synthesis of the key themes in a way that articulates a clear point, position, or conclusion supported by research. Select a different bullet point section than what your peers have already posted so that we can engage in several discussions on relevant topics. If all of the bullet points have been addressed, then you may begin to reuse the bullet points with the expectation that varied responses continue.
Tasks:
Question 1:
Evaluate the difference between a strike and a lockout.
Question 2:
Analyze the Worker Adjustment and Retraining Notification Act (WARN) in relation to the collective bargaining agreement.
To support your work, use your course and textbook readings and also use the South University Online Library. As in all assignments, cite your sources in your work and provide references for the citations in APA format.
Your initial posting should be addressed at 500–1000 words as noted in the attached PDF.
Negotiating the Labor Agreement, Examining Issues, and Resolving Negotiation
Disputes
At some point in your life, you will be required to negotiate for a work-related or personal objective. It may be that you are negotiating for a higher salary, a better compensation plan, or the purchase of an item for yourself and the family. People are constantly using negotiation strategies whether it is unof�cial or of�cial. The collective bargaining agreement is a legal and binding contract between an employer and a union. Both parties must abide by the agreement and negotiate in good faith to maintain a harmonious working relationship. When contract violations occur or if the parties are unable to reach an agreement over wages, working conditions, hours, etc., it sets off a chain of reactions that result in a dispute between the management representatives and the union representatives. When this occurs, a meeting must be arranged to give both sides an opportunity to voice concerns, present their �ndings, and come to some form of agreement. “The basic objective of collective bargaining is to resolve such interest disputes by reaching an agreement acceptable to both parties, union and management” (Holley, Ross, & Wolters, 2017, p. 268).
Prepare the Management Team
Factors That In�uence the Success of Collective
Bargaining Collective bargaining may not always apply to every organization; but if it does, the objective is to come to a mutual agreement that bene�ts all parties. When management and the union adopt a collective bargaining agreement, it will provide both the parties with a strict term of agreement and offer employees a sense of security as the contract is binding for a speci�ed length of time.
Review each tab to learn more.
The management team must be prepared for negotiations. This means the team will review the past concerns of the union as well as review the new items presented by the union.
In addition to the internal issues, there could also be external factors that affect both bargaining parties. “Some factors that may affect union and management bargaining power are prevailing economic conditions (e.g., unemployment rate, labor supply, sales volume), goodwill, public image, government intervention” (Holley et al., 2017, p. 268), and the administrative issues or day-to-day operations of the organization. Lastly, when an interest (negotiation) dispute arises, the union and management representatives may use a neutral third party to resolve the labor dispute.
Identify a List of Concessions the Management Team Is Seeking on Behalf of the Employer (Past and Present)
Recognize the Financial Impact to the Organization
Understand What the Union is Requesting
Prepare for a Strike
The management team must understand any legalities, and if the team is unsure, they should seek legal counsel.
Everyone should be well versed in union negotiations and have a thorough understanding of the protocol.
Assign someone to take copious notes of the meeting.
All minutes should be kept in a centralized location for easy access.
If the topic has a historical precedence, someone should be assigned to bring the minutes to reference during the meeting.
Additional Materials
From your course textbook The Labor Relations Process, read the following chapters:
Negotiating the Labor Agreement
Economic Issues
Administrative Issues
Resolving Negotiation (Interest) Disputes and the Use of Economic Pressure
From the South University Online Library, read the following articles:
Illinois Adhesives, Inc: A Case of Unfair Labor Practices? (https://www.thecampuscommon.com/library/ezproxy/ticketdemocs.asp? sch=suo&turl=http://search.ebscohost.com.southuniversity.libproxy.edmc.edu/login.aspx? direct=true&db=edb&AN=92532349&site=eds-live)
(AMM) Vale Inco, Union Engage in Mediation and Legal Action (https://www.thecampuscommon.com/library/ezproxy/ticketdemocs.asp? sch=suo&turl=http://search.ebscohost.com.southuniversity.libproxy.edmc.edu/login.aspx? direct=true&db=bth&AN=48677907&site=eds-live)
Contract Administration, Arbitration, and Employee Discipline
The labor agreement has been �nalized, and the torch, in a sense, is passed on to management. Contract administration is just as important as the negotiation process.
Contract administration, however, involves more labor and management of�cials and their time than do negotiations. It involves interpretation and application of the negotiated labor provisions. In contract negotiations, the union is typically the initiator; the union usually wants changes in the present agreement. In contract administration, management assumes the initiating role. The union makes sure management applies the provisions of the negotiated agreement correctly. In other words, management exercises its administrative initiative to make decisions (Holley et al., 2017, p. 497)
Management ensures the operation runs ef�ciently and is not jeopardizing the day-to-day business activities of the organization. Once the policies are in place, there are still other contractual issues for management to consider as it relates to employment arbitrations and disciplinary actions. The management team is responsible for resolving any claims of discrimination, employee discipline problems, and disputes over the personnel policies and selecting an arbitrator if the issue cannot be resolved.
Scenario:
Paul, an employee who has been working for thirty years, believes he was not selected for a promotion because he is �fty-�ve years of age. For the past �fteen days, he has been late to work, and this affects the assembly line. Finally, the department manager �red him. Paul has now contacted the union for representation. You have also discovered that the department manager violated the collective bargaining agreement by not allowing employees to be compensated for overtime. As the HR director, how will you handle both situations?
Additional Materials
From your course textbook The Labor Relations Process, read the following chapters:
Contract Administration
Labor and Employment Arbitration
Employee Discipline
From the South University Online Library, read the following article:
Streamlining the Employment Arbitration Process: How to Save Time and Money (https://www.thecampuscommon.com/library/ezproxy/ticketdemocs.asp?
sch=suo&turl=http://search.ebscohost.com.southuniversity.libproxy.edmc.edu/login.aspx? direct=true&db=edb&AN=109083699&site=eds-live)
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