Questions and Answers of Business Process Management

2. Review the index of wage rates of 1980, 1990, 1998, 2002, and 2005 and determine whether the strategy and decision in 2008 would be the same as in the previous years. You are the owner of a small
1. Evaluate the exchange rates and wage rates shown in Exhibit 14.1 and decide where you should dock your ship for local production. You are the owner of a small North Carolina factory that makes
4. Multinational Labor Organizations. Search for the history and mission statements for the following organizations:International Federation of Airline Pilots Association(IFALPA)International
3. Guidelines for Multinational Corporations. The guidelines for Multinational Enterprises established by the Organization for Economic Cooperation and Development and presented on the OECD Web site
2. Foreign Labor Trends. Search the Foreign Labor Statistics home page of the Bureau of Labor Statistics to find the following information:Hourly compensation costs in U.S. dollars for production
1. The International Labour Organization. The International Labour Organization (ILO) has established labor standards for 150 countries represented by the organization. Locate the Web site for the
9. Assess the strategy of Wal-Mart in China where the company has recognized unions in all 62 stores, to its strategy in the United States, which is to combat any type of union representation.
8. Give your assessment of the requirements for Cuba to develop a free, independent trade union. Is it essential for a free society?
7. Assess the transformation of the Australian labor relations system.
6. Which features of Canada’s labor relations system would you transfer to the United States?
5. Although multinational corporations seem to be growing in size and influence, what must occur before transnational collective bargaining can be effectively carried out?
4. What are the five special features of the Japanese system? Why haven’t these features been widely adopted in the United States?
3. Western Europe seems to be uniquely involved with various forms of worker participation. What are some reasons that these worker participation systems have developed so fully there instead of
2. Explain why labor unions in many Central American countries have developed more slowly than those in the United States.
1. Although we share a common border with Canada, its labor relations system is affected by a number of variables that do not greatly affect the United States. Enumerate and explain these variables.
8. Weigh the evidence and consider the burden of proof and the levels of proof. Be the arbitrator and support your decision. This matter of arbitration stems from an indictment of Thomas Allen for
7. What level of proof should be used in this matter? Why? This matter of arbitration stems from an indictment of Thomas Allen for one count of arson–first degree and ten counts of burglary in
6. Should the Union be allowed to provide‘‘character’’ witnesses on behalf of Mr. Allen?If so, why? If not, why not? This matter of arbitration stems from an indictment of Thomas Allen for
5. Did the Postal Service act appropriately when it did not grant Mr. Bolton’s (attorney for Mr. Allen) request for information relevant to Mr. Allen’s Grievance? If so, explain. If not, explain.
4. Does it make any difference that Mr. Allen is employed in the public sector, instead of the private sector? Give your reasoning.This matter of arbitration stems from an indictment of Thomas Allen
3. How much weight should be given to the following:a. Mr. Como’s testimony that he did not make the decision to remove Allenb. Ms. Balk’s testimony that Mr. Allen has restored the burned cabinc.
2. Distinguish between arrests, indictments, and convictions. This matter of arbitration stems from an indictment of Thomas Allen for one count of arson–first degree and ten counts of burglary in
1. Explain the principle of ‘‘nexus’’ as it applies to off-duty misconduct. How does it apply in this case? This matter of arbitration stems from an indictment of Thomas Allen for one count
4. You be the arbitrator. How will you rule?Give your reasoning. At the Coral Gables VA Medical Center, the position for Gardener Leader PD#086550, WL-5003-08, Engineering & Construction Dept. FAC
3. If there is a contract violation found and the arbitrator sustains Mr. Mitchell’s Grievance, should he be promoted and receive back pay for the failure to promote him?Why? Why not? At the Coral
2. Since the Priority Consideration under Article 22, Section 13 is included by the parties as a solution to a selection violation, is this priority selection the proper remedy? Why? Why not? At the
1. Which party has the burden of proof in this case? Which level of proof will be used? At the Coral Gables VA Medical Center, the position for Gardener Leader PD#086550, WL-5003-08, Engineering &
4. Bureau of Labor Statistics on Work Stoppages in the Public Sector. The BLS reports ‘‘major work stoppages,’’ which include worker-initiated strikes and lockouts by their employers
3. Labor Relations and Teachers. Locate and read David Denholm’s ‘‘The Impact of Unionism on the Quality of Education’’ as well.The Education Policy Institute in Washington, D.C., provides
2. Articles on Public-Sector Unionism. The Public Service Research Foundation, a private nonprofit organization, makes available papers and pamphlets that ‘‘address a variety of issues related to
1. Federal-Sector Labor Relations Legislation. The Federal Labor Relations Authority is an independent agency responsible for administering the labor management relations program for Federal
9. Should all public employees have a right to submit interest disputes to final and binding arbitration in exchange for giving up the right to engage in legal strike activity? Why or why not?
8. Should public employees have the same right to strike as private-sector employees are granted under the Labor Management Relations Act? Why or why not?
7. Why does the federal government have multiple labor management relations models?
6. What are some possible advantages or disadvantages of expanding the scope of bargaining in the federal sector to include issues such as wages and benefits?
5. What are the advantages of ‘‘Night Baseball’’arbitration over conventional interest arbitration and FOS arbitration?
4. Describe the different types of impasse-resolution procedures used in the public sector and discuss the relative effectiveness of each.
3. Explain why some states do and other states do not have a public-sector bargaining law or laws that cover some public employees but not others.
2. Using the same public organization as in Question 1, discuss the similarities between collective bargaining in this organization and a typical negotiation between a private company and its union.
1. Think of a public organization with which you are familiar. Explain how it differs from a private company in terms of the following:a. Nature of its serviceb. Relationship between its budget and
4. Should this suspension be upheld? Explain. TerryWilliams is an employee at a unionized plant in Memphis, Tennessee.Williams is a member of and represented by Local #10 of the United Brotherhood of
3. What would be your ruling if the plant in Memphis had no union? Explain. TerryWilliams is an employee at a unionized plant in Memphis, Tennessee.Williams is a member of and represented by Local
2. To what remedy is an employee entitled if his or her rights have been violated? TerryWilliams is an employee at a unionized plant in Memphis, Tennessee.Williams is a member of and represented by
1. Was Williams entitled to have a witness at the meeting with Harless, Gray, and Fisher? Explain. TerryWilliams is an employee at a unionized plant in Memphis, Tennessee.Williams is a member of and
6. You be the arbitrator. You decide and give your reasoning. On March 27, 1998, the Company, the Union, and Mr. Danny Webb, the Grievant, entered into and signed the following Agreement:Without
5. What are the mitigating factors in this case? Should the arbitrator consider these mitigating factors in reviewing the penalty assessed by the Company? On March 27, 1998, the Company, the Union,
4. What proof does the Company have that the Grievant did what he was accused of? On March 27, 1998, the Company, the Union, and Mr. Danny Webb, the Grievant, entered into and signed the following
3. Is the length of the probationary period in the last chance agreement reasonable?If not, does this period make the last chance agreement unreasonable? On March 27, 1998, the Company, the Union,
2. Does a last chance agreement limit the arbitrator’s authority? If so, how? If not, why not? On March 27, 1998, the Company, the Union, and Mr. Danny Webb, the Grievant, entered into and signed
1. What is a last chance agreement? On March 27, 1998, the Company, the Union, and Mr. Danny Webb, the Grievant, entered into and signed the following Agreement:Without precedent, the Company, the
5. You be the arbitrator. Should the Grievance be sustained or denied? Explain your reasoning. Background On March 30, 2006, David Gates was arrested and charged with felony Conspiracy to Distribute
4. Should the Company’s offer to pay back pay and to restore seniority and benefits if Gates is found not guilty be considered by the arbitrator? Why or why not? Background On March 30, 2006, David
3. What type of evidence are the e-mails received from employees about Gates’s on-duty behavior? Should this evidence be considered by the arbitrator? Why or why not? Background On March 30, 2006,
2. What is the rule about off-duty conduct in regard to employee discipline? Background On March 30, 2006, David Gates was arrested and charged with felony Conspiracy to Distribute Schedule II
1. Which party has the burden of proof in this case? Why? Background On March 30, 2006, David Gates was arrested and charged with felony Conspiracy to Distribute Schedule II Narcotics and Felony
5. Work Rules. CCH, a Wolters Kluwer company, provides a business owner’s toolkit through their Tax and Accounting service. CCH is a leading provider of business, legal, and tax information. Locate
4. Seven Tests for Just Cause. A common test for determining whether just cause exists for imposing disciplinary actions was developed by arbitrator Carroll Daugherty in 1966. The standard is known
3. Employment Discrimination. The Legal Information Institute at Cornell has an excellent Web site that allows for searching federal and state statutes and case law and provides additional Web links
2. Evidence in Disciplinary Cases. The OYEZ Project is a multimedia archive devoted to the Supreme Court of the United States and its work. According to the OYEZ Web site, it ‘‘aims to be a
1. Wrongful Discharge. A reference is made in this chapter to a RAND study on the economic consequences of wrongful termination. Find an abstract of the study on RAND’s Web site. What effect does
6. Assume you are in charge of establishing a training program for supervisors in administering discipline.Based on the supervisor’s potential role in the disciplinary process, formulate and
5. Although not subject to judicial scrutiny, evidence in an arbitration hearing still has its complexities.Discuss related considerations that could be involved in an arbitration hearing involving
4. Indicate the comparative advantages and disadvantages of a disciplinary price list (see Exhibit 12.3 on pg. 531) of disciplinary prerogatives in the labor agreement and a onesentence contractual
3. Explain in some detail the difficulties management would have in administering the following work rule in accordance with the disciplinary principles established in the chapter: ‘‘Any employee
2. One union newspaper indicated how it saved an employee’s job. The employee was in the mechanic’s classification and was discharged for refusing to comply with management’s sudden, unilateral
1. Why is discipline the most significant issue for the union and management organizations? Describe how this significance has shifted over time.
5. You are the arbitrator. What is your decision?Why? This matter of arbitration stems from a bid on a job posting for the extra-hand position in the Technical Department on August 5, 2004. Ms. Pat
4. If the Union alleged that the Work Keys Assessment was not valid, which party would have to prove the validity? This matter of arbitration stems from a bid on a job posting for the extra-hand
3. Does it matter which type of assessment is used by the Company? This matter of arbitration stems from a bid on a job posting for the extra-hand position in the Technical Department on August 5,
2. Evaluate the Union’s past practice argument. This matter of arbitration stems from a bid on a job posting for the extra-hand position in the Technical Department on August 5, 2004. Ms. Pat Boone
1. Which party has the burden of proof? Which level of proof will be used? Why? This matter of arbitration stems from a bid on a job posting for the extra-hand position in the Technical Department on
5. Be the Arbitrator. How would you rule? Give your reasons. During September 2005, the parties were negotiating the Labor Agreement due to expire on October 31, 2005. The Union had proposed to add
4. Should the holiday pay be included in the category of ‘‘wages and benefits’’? During September 2005, the parties were negotiating the Labor Agreement due to expire on October 31, 2005. The
3. Evaluate theCompany’s argument that the parties agreed to make the effective date retroactive. During September 2005, the parties were negotiating the Labor Agreement due to expire on October
2. Evaluate the Union’s argument that, since George Washington’s birthday holiday had occurred before the Agreement was ratified, employees were entitled to holiday pay. During September 2005,
1. Which party has the burden of proof in this case? Which level of proof will be used? Why? During September 2005, the parties were negotiating the Labor Agreement due to expire on October 31, 2005.
5. Be the arbitrator. How do you rule? Why? This matter of arbitration stems from the following grievance: ‘‘The Company has unilaterally eliminated all janitor jobs and did not honor the
4. When a company contracts out work formerly performed by bargaining unit employees, is the company violating the recognition clause of the Labor Agreement? This matter of arbitration stems from the
3. Develop some general guidelines for companies to retain the right to contract out bargaining unit work. This matter of arbitration stems from the following grievance: ‘‘The Company has
2. Is this case a matter of ‘‘good faith’’ on the part of the Company or a contract interpretation issue? Why? Why not? This matter of arbitration stems from the following grievance:
1. Which party has the burden of proof?Which level of proof should be used?Why? This matter of arbitration stems from the following grievance: ‘‘The Company has unilaterally eliminated all
4. American Arbitration Association. The Web site for the American Arbitration Association provides information on labor arbitration procedures and techniques as well as law and regulations. To find
3. Arbitration and Title VII of the Civil Rights Act.The U.S. Court of Appeals for the Ninth Circuit ruled in 1998 that employees cannot be required, as a condition of employment, to arbitrate claims
2. Steelworkers’ Trilogy. Using GPO Access or Findlaw, locate the three Supreme Court cases that are commonly referred to as the Steelworkers’Trilogy. Why are the cases important to labor
1. Federal Mediation and Conciliation Service. The Federal Mediation and Conciliation Service(FMCS) was created by Congress in 1947 as an independent agency to the U.S. government and, according to
9. Do you believe that labor unions should use the benefits of labor arbitration as part of the union’s strategy to recruit new members? Give your reasons.
8. After reviewing Exhibit 11.9, would you rather be in an environment of labor arbitration or employment arbitration? Why? Why not?
7. Discuss the following: ‘‘The refusal to use grievance mediation as a step prior to arbitration illustrates the stubbornness of many union and management officials.’’
6. Cite and defend three specific methods you would use to make the typical arbitration procedure more effective. Also indicate the advantages and disadvantages of your suggestions.
5. Discuss two decision-making guidelines used by arbitrators, furnishing specific examples (not mentioned in the text) of how these guidelines apply.
4. Why are arbitrators’ decisions usually lengthy when one sentence could indicate who was right and wrong?Your discussion of this question should include the purposes of arbitration and
3. Discuss the similarities and differences between arbitration and judicial hearings with particular emphasis on the common law of the shop, admission of evidence, and the role of the arbitrator
2. The Steelworkers’ Trilogy greatly enhanced the arbitrator’s authority when compared with previous years, yet it did not give the arbitrator final jurisdiction over certain issues. Discuss the
1. How did World War II and the National War Labor Board greatly expand the use of arbitration?
4. Has the Union in this case met its fair representation obligation? Explain. On August 15, employees Billie Green, Mary Swallows, Betty Jones, and Edie Barnett lunched together in the company’s
3. When has the Union met its obligation of fair representation? On August 15, employees Billie Green, Mary Swallows, Betty Jones, and Edie Barnett lunched together in the company’s parking lot.The
2. What is meant by the union’s duty of fair representation? On August 15, employees Billie Green, Mary Swallows, Betty Jones, and Edie Barnett lunched together in the company’s parking lot.The
1. What are nonunion employee rights under the LMRA? On August 15, employees Billie Green, Mary Swallows, Betty Jones, and Edie Barnett lunched together in the company’s parking lot.The discussion
5. Decide whether the Grievance is arbitrable. If so, why? If not, why? Issue Was the grievance filed by Clinton Rowlett on May 5, 1996 processed in a timely manner in accordance with Section II of
4. Assess the relative strengths of each party’s position. Issue Was the grievance filed by Clinton Rowlett on May 5, 1996 processed in a timely manner in accordance with Section II of the labor

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