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Business Process Management
Should funeral leave be granted upon the death of a ‘‘domestic partner,’’ ‘‘significant other,’’ or ‘‘personal friend’’?Taking into consideration the relevant interests of
Whose death would qualify as an occurrence permitting an employee to take funeral leave? Be sure to be specific when defining terms such as ‘‘immediate family member’’or
Will part-time employees qualify to receive the funeral leave benefit? Taking into consideration the relevant interests of your assigned role and the advice contained in Exhibit 6.3, prepare a
Will time off from work for funeral leave be paid or unpaid? If paid, at what rate of pay?Taking into consideration the relevant interests of your assigned role and the advice contained in Exhibit
How many days (hours) of funeral leave will be provided? Taking into consideration the relevant interests of your assigned role and the advice contained in Exhibit 6.3, prepare a written bargaining
3. Auto Industry and Collective Bargaining. Listen to audio clips from National Public Radio on the 2007 United Auto Workers’ (UAW) negotiations with the Big Three in the automobile industry. On
2. Bankruptcy and Collective Bargaining. The Bildisco decision is a landmark Supreme Court case dealing with bankruptcy and collective bargaining.Use the Oyez Web site to read the opinion and discuss
1. Definitions. How does the U.S. Department of Labor define ‘‘collective bargaining’’? Check the Glossary on the Department of Labor’s Web site.Find a good definition of ‘‘good-faith
6. Are current legal remedies for bad faith bargaining adequate to promote compliance with the LMRA’s goal of good faith bargaining? Why or why not?What recommendations would you suggest for
5. Good and bad faith bargaining might be easier to define than implement. Discuss different types of evidence that might be used prove or disprove a charge of bad faith bargaining.
4. Identify some sources of information a union or management negotiator could consult to get timely and relevant information about the following:a. recent bargaining settlements in a particular
3. Assume that you are a management negotiator and the union presents the following proposal: Any overtime assignment will be guaranteed a minimum of two hours at time-and-a-half the base hourly rate
2. Using the information provided in the Labor Relations in Action segment on auto industry bargaining, analyze the relative bargaining power of union and management in those negotiations. What
1. What are some situations in which management or the union would prefer centralized bargaining? In what situations might both prefer centralized bargaining? Discussion should take into account
6. How should the NLRB rule? Do the oral or written statements made by employer representatives during a representation election campaign contain any unlawful threats or implied promises of benefit
5. Develop some guidelines for managers who may be talking with employees about the Union during an organizing campaign. Do the oral or written statements made by employer representatives during a
4. Should the NLRB give consideration to its ‘‘Totality of Conduct’’ doctrine in reaching a conclusion about the alleged violations in this case? Explain your answer. Do the oral or written
3. Did the questioning or statements by either supervisor Bates or supervisor Lofton constitute unlawful interrogation in violation of Section 8(a)(1) of the act?Why or why not? Do the oral or
2. Do the employer statements constitute an unlawful promise of benefits in violation of Section 8(a)(1) of the act? Why or why not? Do the oral or written statements made by employer representatives
1. Do these employer statements constitute an unlawful threat in violation of Section 8(a)(1) of the LMRA? Why or why not? Do the oral or written statements made by employer representatives during a
2. Would the Employer’s no-solicitation policy prohibit the two nonemployee union organizers from entering the hospital’s property anywhere at any time? In October, the Union began an organizing
1. Did the Employer unlawfully deny the two nonemployee union organizers access to the hospital’s cafeteria? If so, what should be the appropriate remedy? In October, the Union began an organizing
4. In this case, did the Employer unlawfully deny union supporters access to use company bulletin boards for Union solicitation purposes? Explain your reasoning. The Employer operates a merchandise
3. If there are company-provided bulletin boards at the workplace, does the Employer have a right to restrict the purpose or type of material that can be posted on such boards? The Employer operates
2. If an Employer did not provide bulletin boards at the workplace, would employees have a right to provide and mount their own bulletin boards? The Employer operates a merchandise catalog
1. Is an Employer required to have bulletin boards at the workplace? The Employer operates a merchandise catalog distribution center in Wichita, Kansas, employing 1,000 workers.The Union began an
3. Did the Union’s broadcast violate the captiveaudience rule? If so, should the results of the election be overturned and a rerun election scheduled? Why or why not? Acoustical Enterprises (the
2. Why does the Employer typically have a significant advantage over a Union in conveying its message during a representation election campaign? Acoustical Enterprises (the Employer)manufactures
1. Review the captive-audience, 24-hour rule.Should the rule apply in this case, although the Union was not on the Employer’s property and had no legal authority to require employeeswho were on the
5. How will the NLRB rule?On the day before the Union election, the Union hosted a free picnic luncheon for employees during the first and second shifts’meal breaks in a parking lot adjacent to the
4. Did the Union interfere with the outcome of the election by taking the photographs at the picnic? Why or why not?On the day before the Union election, the Union hosted a free picnic luncheon for
3. Did the Union interfere with the outcome of the election by offering the T-shirts? Why or why not? On the day before the Union election, the Union hosted a free picnic luncheon for employees
2. Compare the present case to the following ones: NLRB v. Savair Mfg. Co., 414 U.S. 270(1973); 84 LRRM 2929 (1973) Pepsi Cola Bottling Co., 289 NLRB 736(1988); 128 LRRM 1275 (1988) Mike Yurosek &
1. Must illegal conduct occur to overturn the results of a Union representation election? On the day before the Union election, the Union hosted a free picnic luncheon for employees during the first
3. How should the NLRB rule? Give your reasons. DCP manufactures data collection products. The chief operational officer is Barry Marks. Larry Leiner is one of 23 employees located in two buildings
2. Were Leiner’s actions considered a protected activity under the Labor Management Relations Act? DCP manufactures data collection products. The chief operational officer is Barry Marks. Larry
1. Was this matter within the jurisdiction of the National Labor Relations Board? DCP manufactures data collection products. The chief operational officer is Barry Marks. Larry Leiner is one of 23
3. How should the NLRB rule? Give your reasons. Wingfield Hotel operates a 250-room downtown hotel in Santa Fe.The Company recognized the Union in 2007, pursuant to a card-check agreement.The parties
2. To what extent do employees have the right to express their support for the Union on the job? Wingfield Hotel operates a 250-room downtown hotel in Santa Fe.The Company recognized the Union in
1. Discuss the burden of proof in this case. Wingfield Hotel operates a 250-room downtown hotel in Santa Fe.The Company recognized the Union in 2007, pursuant to a card-check agreement.The parties
4. Which group(s), if any, would be ‘‘employees’’under the NLRA and, thereby, be allowed to form a union? Yellowstone University (YU)is a private university and within the jurisdiction of the
3. What rights would TAs, RAs, and proctors have if the NLRB rules they are ‘‘employees’’under the NLRA? Yellowstone University (YU)is a private university and within the jurisdiction of the
2. Why would TAs, RAs, and proctors want union representation? Yellowstone University (YU)is a private university and within the jurisdiction of the NLRA. Its mission is to serve as a university in
1. Why would a labor union want to organize and represent TAs, RAs, and proctors? Yellowstone University (YU)is a private university and within the jurisdiction of the NLRA. Its mission is to serve
5. Why does it matter to the Union and Oakhurst? CASE STUDY 5-1 Oakhurst Hospital, an acute care hospital with 257 licensed beds, has approximately 181 staff registered nurses (RNs) who provide
4. Should rotating charge nurses be included in the bargaining unit? CASE STUDY 5-1 Oakhurst Hospital, an acute care hospital with 257 licensed beds, has approximately 181 staff registered nurses
3. Should charge nurses be included in the bargaining unit? CASE STUDY 5-1 Oakhurst Hospital, an acute care hospital with 257 licensed beds, has approximately 181 staff registered nurses (RNs) who
2. What are Oakhust’s best arguments? CASE STUDY 5-1 Oakhurst Hospital, an acute care hospital with 257 licensed beds, has approximately 181 staff registered nurses (RNs) who provide direct care to
1. What are the Union’s best arguments? CASE STUDY 5-1 Oakhurst Hospital, an acute care hospital with 257 licensed beds, has approximately 181 staff registered nurses (RNs) who provide direct care
3. Salting and Congress Go to THOMAS, the Library of Congress Web site that provides legislative information and locate the text of two bills that were introduced in Congress in June 2007 to
2. Salting and the Courts Use Cornell’s law pages or OYEZ to locate a major 1995 Supreme Court case in which the Court overturned an Eighth Circuit Court of Appeals holding and affirmed an earlier
1. Definition What is salting? Go to the Web site of the Industrial Workers of the World (IWW) and read a definition published from a union’s point of view.On the Web site for the Associated
9. Review the arguments for and against the Employee Free Choice Act and the Mandatory Secret Ballot Protection Act. How would you vote?Give your reasons.
8. What would be a good response from a union organizer for each statement in the Labor Relations in Action feature on page 195?
7. Explain the following statement: ‘‘It is not the union that organizes the employees; it is management.’’
6. Why do you believe employers are becoming more interested in decertification elections?
5. Prescribe a ‘‘do’’ and ‘‘don’t’’ list for supervisors involved in unionization campaigns so that they will not commit any unfair labor practices.
4. Discuss the shifting position of the NLRB on representation election campaigning. Appraise each position.
3. Explain the contract bar doctrine. How would it influence the negotiation of the first labor agreement?
2. Select an organization with which you are familiar, and determine the number of bargaining units that would be appropriate for its structure.
1. Refer to the reasons why employees become members of unions to assess the means used by union organizers to meet these needs.
2. Did the union commit an Unfair Labor Practice in this case? If so, what should be the appropriate remedy? The company and union are parties to a collective bargaining agreement that contains the
1. What are the union’s legal obligations? The company and union are parties to a collective bargaining agreement that contains the following valid union security clause:It shall be a condition of
2. Would it be legal under Title IV of the Landrum-Griffin Act for the union in this case to adopt a rule that required all candidates for union office to be proficient in both Spanish and English?
1. Did the Union violate Title I, Section 101 (a)of the Landrum-Griffin Act in this case? If so, what should be the appropriate remedy? Paul Sanchez, a member of Local 1 of the Bartenders Union,
5. Union Security Provisions in Labor Agreements Search the Web for examples of labor agreements.In the examples, which forms have been taken by the union security provision? (Forms are closed shop,
4. Articles on Union Mergers Read the article, ‘‘Falling Union Membership Prompting Mergers,’’ excepted from Laura M. Litvan’s‘‘Unions Have an Urge to Merge,’’ published in
3. Bureau of Labor Statistics and Current Union Membership The Bureau of Labor Statistics publishes an annual report on union membership. Find and read the summary for the 2006 report to discover
2. Merger of the USW and the AFGWU The tenth merger for the United Steelworkers took place when the USW and the American Flint Glass Workers Union (AFGWU) agreed to merge. Look on the USW’s Web
1. UNITE and the History and Merger of Textile Unions UNITE (formerly the Union of Needletrades, Industrial and Textile Employees) and HERE (Hotel Employees and Restaurant Employees International
11. Formulate a one- or two-sentence argument for or against the right-to-work philosophy. Fully defend your statement from arguments that could be made against your position.
10. Compare the requirements for union democracy to any student organization with which you are familiar.
9. Because the AFL-CIO does not negotiate labor agreements on behalf of national unions, how can it claim to be the ‘‘spokesperson for organized labor’’ in the United States?
8. Differentiate among the business agent of a local union, a shop steward, and an international union representative. How do their roles differ?
7. Explain why and how national unions’ presidents have been able to accumulate so much authority and power.
6. Compare the government of the local union with student governments and municipal governments, paying special attention to participation by members.
5. Select a craft union and an industrial union and point out differing characteristics of these two types of unions.
4. Locate a local union and a local plant, and draw an organizational chart for each.
3. Assess the strategic plans of the AFL-CIO and CTW, and determine whether these plans provide direction for growth.
2. What suggestions can you offer to emphasize common goals of companies and unions as opposed to conflicting goals?
1. Compare the steps companies may take to implement a positive human resources management program with principles of effective management.
2. Does the employer’s policy ‘‘Inquiries by Government Representative’’ represent a violation of Sec. 8 (a) (4), LMRA? If so, what should be the appropriate remedy? Sec. 8 (a) (1), LMRA
1. Does the employer’s policy ‘‘Inquiries by Government Representative’’ represent a violation of Sec. 8 (a) (1), LMRA? If so, what should be the appropriate remedy? Sec. 8 (a) (1), LMRA
1. Should the docking pilots be classified as supervisors and thus excluded from participating in a bargaining unit for purposes of collective bargaining? Explain your reasoning. The union sought to
2. Was Ramon Ortiz unlawfully discharged in violation of Sec. 8 (a) (1) and (3) of the LMRA, and if so, what should be the appropriate remedy? Explain your reasoning. Ramon Ortiz had been employed
1. Evaluate the employer’s decision not to call any management witnesses or offer any written evidence to support the employer’s stated position in the case.What are some examples of testimony or
3. Was the Employer’s discharge of Drake and Keeler an unfair labor practice under the LMRA, as amended? If so, what should be the appropriate remedy? CASE STUDY 3-1 The Employer is a small,
2. On what grounds might the Employer try to argue that the discharge of Drake and Keeler was an appropriate (legal) exercise of management’s rights? CASE STUDY 3-1 The Employer is a small,
1. Because Drake and Keeler’s employer meets the standard for coverage under the LMRA by engaging in interstate commerce, which specific employee right protected by Sec. 7 of the LMRA could Drake
3. U.S. Code. When legislation becomes law, it is incorporated into the U.S. Code in the appropriate sections. Identify sections of the Code affected by these acts related to labor relations: Railway
2. National Labor Relations Board. Go to the Web site for the National Labor Relations Board to see the NLRB’s current organization, rules and regulations, decisions, and manuals. Read the section
1. Case Law. Go to the Web site for the Supreme Judicial Court of Massachusetts and locate the landmark case, Commonwealth v. Hunt. Why is this case important?Find a recent (2002) Supreme Court
8. Should the LMRA be amended toa) cover agricultural laborers orb) index the NLRB’s jurisdictional standards (i.e., monetary threshold for affecting interstate commerce) to take into account the
7. Why is there still a separate labor relations law for the railway and airline industries?
6. Should the NLRB’s administration of the LMRA be termed a success? Why or why not?
5. Although the National Labor Relations Act gives employees certain rights, these rights are not unlimited. Discuss.
4. What was the intent or purpose of Congress in passinga) the 1932 Norris–La Guardia Act;b) the 1935 National Labor Relations (Wagner) Act; andc) the 1947 Labor Management Relations (Taft-Hartley)
3. Why did the 1914 Clayton Act, called U.S. Labor’s Magna Charta by AFL president Samuel Gompers, fail to live up to union leaders’ expectations?
2. How were yellow-dog contracts and labor injunctions used to limit the activities of union organizers or slow union growth?
1. How have the major labor relations laws helped or hindered the development of unions?
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