labor relations class exam via blackboard

Labor Relations class

*i will give all sign in info when I feel comfortable/assign the best person

Need someone that is VERY good in labor relations and knows about the laws that pertain to this subject. This exam is via blackboard and is multiple choice. 50 questions – due by monday @ noon. Once started it has to be completed then – can’t go back and finish it later as it is timed. 60 minutes and only allowed one try.

exam over ch. 5-10 – powerpoints over chapters uploaded to see what were studying in each chapter

Also attached is my last exam – yes I bombed it but it will give you an idea of the questions that are asked.

This is a description from the syllabus regarding the class:

This is a second-year elective course in labor-management relations. The course examines labor history, major labor legislation, collective bargaining, grievance procedure/arbitration, wage issues and economic supplements e.g. “fringe benefits.” Students will obtain the knowledge and skills necessary for functioning effectively in an organized – particularly an industrial – environment.

MAJOR COURSE LEARNING OBJECTIVES: Upon successful completion of this course the student will be expected to:

Describe the current state of labor/management relations.

Evaluate why workers join unions, and why managers resist them.

Review the history of the labor movement in this country.

Discuss major federal legislation impacting labor/management relations.

Apply the principles/concepts of collective bargaining in a mock contract-negotiation exercise.

Demonstrate familiarity with the vagaries of grievance procedure.

Differentiate between mediation and arbitration.

Isolate myriad wage issues under collective bargaining – e.g., basic rates, escalators, differentials, overtime issues, two-tier systems, etc.

Identify and describe various economic supplements under collective bargaining, including pensions/retirement plans, vacations/holidays, health insurance plans, SUB pay, etc.

Explain the various levels of union security (“shop agreements”).

COURSE CONTENT: Topical areas of the class include –

Organized labor and the Management Community

State of the unions today

White-Collar employees

Labor’s present strategic power

Why workers join unions

Why managers resist unions

Labor relations in the public sector

The Historical Framework

The first unions and their limited success

The foundation of modern unionism

Rise and fall of the Knights of Labor

Formation of the AFL

The Great Depression

The CIO challenges the AFL

World War II

The merger of the AFL and CIO

Labor Legislation

The Norris-LaGuardia Act of 1932

The Wagner Act of 1935

From Wagner to Taft-Hartley

The Taft-Hartley Amendments of 1947

The Landrum-Griffin Act of 1959

At the Bargaining Table

Preparation for negotiations

The bargaining process: early stages

Later stages

Final stages

Crisis situations (mediation)

Boulwarism

Administering the Agreement

Grievance procedure

Arbitration

The “Trilogy” cases

Arbitration costs and time lag

Wage Issues

Determining the basic wage rate

Escalator clauses (COLAs)

Differentials

Overtime

Two-Tier wage systems

Economic Supplements under Collective Bargaining

Pension and retirement plans

Vacations

Holidays

Negotiated health insurance plans

SUB plans

Institutional Issues under Collective Bargaining

Forms of union security (shop agreements)

The Checkoff

ESOPs

QWL Programs

AT THE BARGAINING TABLE

Preparation-up to

8 months

Determine subjects/issues

Research

Meeting logistics

Bargaining begins!

Present list of demands

Evaluate positions

Cost out proposals

Watch carefully!

THE bargaining process

Bypass Difficult Issues

HR Mistakes

Have Acceptable Alternatives

Joint Study Groups

Mediation

Coordinated Bargaining

boulwarism

Identify Issues

Resistance to Modification

Early Final Offer

Stand Firm

Factors affecting bargaining

Health of economy

Health of industry

Technological innovations

Strength of union and company

Failure to understand other side

Differences in managements

Personalities

Grievance procedure

Grievance – official complaint

Grievance Process – resolution process

Procedural

Precedent Setting

Now that the contract is signed, must be continually interpreted and applied.
Grievance is an official complaint alleging that the contract has been violated.
Grievances can be files on behalf of union as a whole or a single or group of union members
GP in place to help resolve controversy over interpretation of contract – avoids striking over every issue.
Very specific rules and requirements, provides due process
-usually 3 steps, 1) Supv, 2) Plant Mgr, 3) Committee
-times limits for each step and responses
Results are precedent setting unless otherwise stated
1

arbitration
Arbitration – judicial process
Arbitrator – impartial outsider
Precedent Setting
Not used in bargaining

Arbitration specifics in contract – usually “final and binding” (99%)
Arbitrator is an impartial outsider selected by both parties to decide on the issue.
Decisions not usually high dollar amounts, but important because they set a precedent.
Arbitration is rarely used for bargaining – neither side wants a 3rd party to have binding control over contract terms.
2

Pro-Arbitration Legislation
Lincoln Mills
Trilogy Cases
Collyer Insulated Wire
Misco
Gilmer v. Interstate Johnson Lane Corp
Eastern Associated Coal and the United Mine Workers

LM-Sup Ct ruled that an employer could not refuse to arbitrate unresolved grievances if contract has agreement to arbitrate.
Trilogy Cases:
Warrior & Gulf Navigation – if no specific agreement excluding arbitration the Sup. Ct. would direct parties to arbitrate.
American Mfg – Court cannot determine the merits of a case (co. asked to not be forced to arbitrate as they thought grievance was frivolous.
Enterprise Wheel and Car Corp-lower court reversed arbitrators decision as not sound under labor agreement, Sup Ct. reversed
Collyer-NLRB deferred some cases to arbitration even though they contained some elements of ULPs
Misco-unless fraud or arbitrator Dishonesty, courts cannot reconsider the merits of the award.
Gilmer-ADEA claims must be arbitrated if agreement calls for arbitration.
EAC-When both parties agree to resolve disputes through arbitration, they gran to arbitrator the authority to interpret the meaning of the contract language, including “just cause”.
3

Some Legislation Weakens Arbitration Agreements
Gardner-Denver
Anchor Motor Freight
FLSA decision
McDonald v. City of West Branch, MI

Gardner-Supreme Court ruled arbitrator’s decision not final and binding when Title VII of CRA 1064 involved.
Anchor-a decision can be reversed by a federal court when the union doesn’t provide fair representation to employees (its members).
FLSA decision – Supreme Court rules that decisions involving rights under FLSA can be reviewed and reversed, implying that arbitration decisions are not final and binding when the issue falls within any labor law.
McDonald-1st Amendment Rights and freedom of speech – Supreme Court said arbitration is well suited to resolving contract disputes, but not an adequate substitute when federal statutory and constitutional rights are involved.
4

Preparing for arbitration
Selection Process
Permanent Arbitrator
Ad Hoc Arbitrator
Permanent Panel
Mini (Expedited) Arbitration
Preparation Activities

Select from list of names, usually at FMCS or AAA, some states have arbitration panels.
Permanent-decides all disputes during term of contract – more arbitrations because easy.
Ad Hoc – different arbitrator for each case. Drawbacks:
Takes time and effort to select arbitrator (average 250 days from request arbitration panel to award)
Expensive
Opinion could disregard clear contract language and rewrite agreement.
Confusing opinions lead to further issues.
Opinion doesn’t reflect the reward
No recourse if not fair and impartial or doesn’t deal with major arguments, or ignores material evidence.
Arbitrators not bound by decisions of other arbitrators.
Mini-tight time deadlines, no transcripts or briefs, short and precise awards – lowers costs, can transfer to regular arbitration if issue is complex.
Preparing for Arbitration – gather evidence, facts, documents – must educate arbitrator about issues, facts, evidence, arguments and relevant clauses in contract.
5

Arbitrator responsibilities
Follow Code of Ethics
Bound by language of agreement
Fair, incorruptible and unbiased
Knowledgeable
Responsible for proceedings
Prompt and clear award

-Must adhere to strict Code of Ethics
-Bound by language of labor agreement – not in arbitrators scope to determine whether a particular clause is good or bad, must apply as is.
Usually not clear cut language (or wouldn’t need to arbitrate)
Look at past practice, how language has been applied in the past.
-Fair – decision based on evidence and language, free from bias
-Educated in arbitration and have knowledge of labor relations.
-Responsible to keep decorum during hearings and to keep proceedings moving, keep control
-Keep witnesses from being badgered or insulted
-Issue a prompt decision (usually within 30 days of hearing)
Awards should be clear and to the point, leave no questions.
-Include clear and specific direct action required and time frame to comply
-Should write opinion to support decision-set forth basic issues of case, facts, positions and arguments of both sides, and reason for decision.
6

Grievance mediation
Relatively new
Informal
Quick
Non-binding

Uses experiences arbitrators, but 1st tries to help parties reach a mutually satisfactory settlement.
Focus on the problem rather than the contract.
Information, no cross examination, no briefs, no record of proceedings.
Handled in hours.
If no settlement is reached the arbitrator gives an opinion (advisory only) as to how the case could have been decided if this was an arbitration.
If this case goes to arbitration the arbitrator who sat in on the mediation cannot serve as arbitrator, and nothing said in this process can be used in arbitration.
7

Areas of Contract Negotiation

Wages

Employee Benefits

Institutional Issues

Administrative Issues

Wages are the leading cause of strikes.
Include wage rates, wage differentials, overtime, wage adjustments, bonuses.
Institutional Issues – rights and duties of employers and unions
Administrative Clauses – work rules
1

Wage rate standards
Comparative Norm – wages same as other industries
Ability to Pay – level of profits
Cost of Living – real income

CN – Wages same as employees in other companies in same industry, doesn’t account for differences in geography, financial health of company, labor costs or cost of production – use salary surveys, benchmark studies
Difficulties:
Hard to classify some companies into specific industrial category
Job titles don’t indicate what job really entails
Types of pay differ – hourly, piece rate, hourly +, group incent, profit sharing
Other benefits vary so “total comp” different (holiday, vacation, sick, pension)
Cost of living varies
Ability to Pay – usually level of profits indicator, but if profits low perhaps company spent money on capital improvements, executive bonuses, etc.
Risks:
Profitability rises and falls, not constant
Need for capital
Need to consider ratio of labor to total costs (company can pay more when labor costs is small part of total costs), money spent on benefits and whether demand for product will remain steady or ebbs and flows
Can company can pass on cost of wage in creases through higher prices, or would increase in prices significantly lower sales? How competitive is the market?
COL – least used – COL determines real income. COL is uncertain. Wages are negotiated for the future, and the only accurate COL data is historical.
2

Using cost of living
Consumer Price Index (CPI) – average change in prices
Adjusting for CPI Movement
Escalator Clauses (COLAs) – automatic
Wage Reopeners – uncommon

CPI comes from Bureau of Labor Statistics, tracks average change over time in prices for “market basket” of consumer goods and services.
-Information comes from diaries kept by 7500 families for 2 weeks each year for 2 years and quarterly interviews with 10,000 families.
-200 categories of expenditures in 8 major groups: 1. Food and Beverage 2. Housing 3. Apparel 4. Transportation 5. Medical Care 6. Recreation 7. Education and Communication 8. Other Goods and Services
-Published for large metro areas
Escalator Clauses – theory that wages of workers should automatically rise and fall with fluctuations of cost of living as determined by CPI.
-Management believes CPI overstates the degree of inflation, that consumers counter increased prices by buying less and buying more of items that are less expensive, also COLAs quickly become “entitlement”, hard to take away if CPI decreases. COLAs are rolled into vacation pay, holidays, pensions and this raises direct labor and benefits costs.
-contract specifies when reviewed and adjustments made (usually quarterly)
-there is a low point below which wages cannot fall, rarely a cap at high end
-Annual Improvement Factor – guaranteed wage increase in addition to COLA
Wage Reopeners – allows either party to reopen contract for wage issues at specific intervals (usually once per year).
-Must negotiate wages, no automatic changes
-Different from COLAS because can take into account factors other than CPI
-Must give 60 days notice per Taft-Hartley, cannot lock out or strike.
-Sometimes used as pretext to gain non-wage concessions.
3

Other wage issues
Wage Differentials
Overtime
Flextime

Wage differentials are lawful unless discriminatory. Mostly for shift work to make up for odd hour shifts and interference with family life. Some for hazardous or dirty tasks (undesirable work).
Overtime – some offer after 8 hours in a day, double time on Sunday, 1.5 or 2 times for 6th or 7th day worked in a row.
-Pyramiding of overtime – eliminates “double payment” of overtime on hours already counted. If you paid overtime after 8 hours in a day, shouldn’t have to pay overtime for the same hours after 40 in a week.
How to schedule overtime needs to be negotiated and part of contract – voluntary or mandatory? Most or least senior? How much notice required? Can an employee refuse for a “reasonable” excuse? What is “reasonable”?
Flex Time – has required “core time”, outside of that employees can determine what hours they want to work.
-not often part of union contract
-unions believe employers use it to reduce overtime and increase the intensity of the workday.
4

Other wage issues
Establishing Fair Pay
Concessionary Bargaining
Two-Tier Wage Systems

Fair Pay Methods
Job Evaluation – uses job descriptions and job analyses to “rank” jobs by:
a. skill
b. effort
c. responsibility
d. working conditions
– often uses point factors
2. Job Comparison – subjective
Concessionary Bargaining – giving up wages and benefits in poor economic times – wage cuts, freezes, layoffs, etc.
Two-Tier Wage System – workers hired after the contract is signed are paid less for the same jobs.
-Causes morale issues
-Makes it more difficult to recruit
-Causes retention issues – high turnover
-Can lower productivity
-Often affects quality
5

Supplemental benefits

Pensions/Retirement Plans

Vacation/Holidays

Health Care

Insurance

Other Benefits

Health Care, Dental, Vision
Life Insurance, AD&D, STD/LTD
Others – bereavement, jury duty, rest and lunch breaks, legal assistance, day care, health club reimbursement, birthday off
1

pensions
Inland Steel Case – must bargain
Defined benefit v. defined contribution
Contributory v. noncontributory
Funded v. non-funded
Vesting

Inland Steel – Supreme Court ruled in 1949 that employers cannot refuse to bargain with unions over pensions.
Contract will set age where employee can retire and received (full or reduced) pension benefits as well as the years of service required.
Defined benefit – employer risk, defined contribution – employee risk
Non-contributory – (employer funds all), contributory – 401Ks (tax-deferred plans) – employer often “matches” funds, employee immediately vested in own contribution. Employer sometimes offers higher match to 401ks for concessions in other areas.
Funded pensions are guaranteed because the funds are isolated from other company money.
Unfunded pension payments are dependent upon the employer’s willingness and ability to pay.
Vesting – ownership in funds.
2

Pension legislation
ERISA – Employee Retirement and Income Security Act – 1974
Stemmed misuse of funds
Created PBGC
Pension Protection Act of 2006
Rules and requirements for employer pension plans
Further secured pension rights

ERISA passed because companies had misused or abused pension funds or could not fund them as promised, also some laid off or fired employees immediately prior to becoming pension eligible.
Rules:
Employees must be 100% vested under 5 or 7 year plan.
All new pension plans must be fully funded.
Fiduciary responsibilities added to pension plan administrator.
Annual reporting and disclosure requirements.
Employees have right to receive annual information on vesting and benefit status.
Established PBGC – guarantees pension up to a maximum if employer goes out of business or doesn’t have funds.
PPA:
Employers who have underfunded plans must pay additional premiums.
Closed loopholes that allow underfunded plans to skip pension payments.
Employers must put aside 100% of cost of future pensions.
Employers terminating their pension plan must provide additional funding for pension insurance system.
Outlines specific rules companies must follow to maintain pension obligations.
3

Other benefits
Paid Vacation
Holidays
Health and Welfare Insurance
Severance Pay
Reporting Pay
Supplemental Unemployment

Paid vacation less than 70 years, grew in wartime when vacations & holidays given in lieu of wage increases because of wage controls.
-Employers agree helps with motivation and productivity.
-Paid straight time unless negotiated differently
-Agreement will spell out how to pay when employee works
-Vacation buy-back
-Once earned, vacation cannot be taken away – must pay if employee leaves company
Holidays – US average 12, up to 45 in other countries
-usually 1.5 or 2X pay if work on a holiday.
-many companies provide “floating holidays”
Health & Welfare – growth spurred by IRS when it allowed employers to deduct as a business expense
-group insurance plans make much more affordable
-Employers and unions started working together in 1980s when prices soared to educate employees and provide options that lower costs (HMOs, PPOs)
-Health, prescription, dental, vision, life, spouse/family life, AD&D, STD/LTD, nursing home, critical illness, mental health, retiree plans
4

Other benefits
Severance Pay
Reporting Pay
Supplemental Unemployment Insurance

Severance pay is specified in contract, usually 1 week per year of service
Reporting Pay/Call-In Pay – must be negotiated – many have minimum of 2 hours, most pay 4 hours.
Supplemental Unemployment – additional pay to unemployment insurance paid by state. Some unions have required this as a concession to less job security.
5

Issues to consider
Increase in Grievances
Automatic Cost Increases
Employee Participation
Cost Prohibitive
Entitlement

The growth of benefits packages increases the number of issues that could be grieved, and the total number of grievances.
Benefits costs automatically rise with wage increases, as many benefits are based on the employee’s pay.
Now that employees are more informed and asked to make decisions, they expect to be consulted on changes to benefits packages.
Employers must do more with less workers because the high cost of benefits limits the number of workers they can hire. This has increased the use of overtime, temporary employees and outsourcing.
Benefits become an entitlement, and are more likely to have a negative effect on morale than be a motivator. They are almost impossible to take away once provided.
6

Institutional issues

Rights and Duties

Employer

Union

Employee

Union Membership (Security)

Management Rights

Union security
Closed Shop
Union Shop
Maintenance of Membership
Agency Shop
Preferential Shop

Unions want security clauses to address 3 concerns:
Rival union could solicit members and take over
Employer could convince employees they don’t need the union
Free Riders – no protection against employees who don’t join union but still get benefits, and union is obligated to represent them.
Closed Shop – employee must join union before starting job – so employer can only hire union members. Union becomes employment agency.
Union Shop – employee must join union within designated period of time.
Maintenance of Membership Clause (rare) – employee chooses whether or not to join union. If joins, must stay in union for duration of contract (or give up job). Negotiated window of time to withdraw at end of contract, or must remain member through new contract.
Agency Shop – employees don’t have to join union, but have to pay dues. The justification is employees get benefits of union activity and representation even if they don’t join. Sometimes religious objectors can have money sent to a charitable organization instead of the union.
Preferential Shop – union members are given preference in hiring, but employer can hire non union members. Controversy over the definition of the word “preference”!
2

Legal considerations with union security
Taft-Hartley restrictions
Required date to join
Loss of union membership
Checkoff Requirements
Right to Work Laws

Taft-Hartley forbids requiring new workers to join the union unless 30 days of the effective date of the contract, or on the 1st date of employment, whichever is later. This is only for new employees.
Taft-Hartley also forbids the union to require an employer to fire an employee because of loss of union membership, unless the loss of membership is for nonpayment of union dues or fees. If the employee is expelled from the union the employer cannot be forced to terminate the employee.
-The employee’s only obligation to the union is to pay dues and fees. There is no obligation for the employee to attend meetings or participate in the union in any way.
Checkoff – dues collection system. The employer agrees to deduct union dues from employees and send the money to the union.
-Under Taft-Hartley the employer must have written authorization by the employee.
-Authorization can only be irrevocable for one year or the duration of the contract, whichever is shorter.
-Employers agree to checkoff because better than having union try and collect dues at the workplace.
Right To Work Laws – forbid the union or employer to require any type of membership in the union. Adopted by 24 states as of today.
3

Union obligations
No strike clause
Wildcat Strikes
Boys Market v. Retail Clerks
Agreement to not interfere with production

The union must agree to something in order to obtain a security clause. Virtually every contract has a “No Strike” clause.
-The union agrees not to strike for the duration of the labor agreement.
-All disputes to be resolved through the grievance and arbitration processes.
Wildcat Strikes – strikes by union members that are unauthorized by the union. Not only a violation of the no strike clause, also Illegal under the Wagner Act (NLRA). Employers can fire employees who participate in wildcat strikes.
Boys Market v. Retail Clerks – the Supreme Court ruled that if the contract has a no strike clause and an arbitration procedure, then a federal court can issue an injunction to end a strike and order arbitration.
Arbitrators have upheld that any slowdown, or union generated action that interferes with production violates the no strike clause.

Also, union usually agrees in the contract not to use the employer’s time or property to conduct union activity that interferes with efficient operations. This is highly subjective, and interpretation often causes grievances.
4

Management rights
Residual
Trusteeship
Codetermination
ESOPs
Quality of Work Life

Management is responsible for efficiency and profitability of operations and doesn’t want any restrictions on its decision making. Unions seek to limit managements authority to make decisions that it feels aren’t in the best interest of the union or its members.
Management Rights is the clause that gives management the right to make decisions that affect operations and its workforce.
Residual – anything not specified in labor agreement is managements right to determine. (Most common)
Trusteeship – Employer is willing to discuss (but not necessarily agree to) demands that could limit its authority.
Codetermination – workers participate on BOD of company. Neither union nor management traditionally in favor of this. Rare in US.
ESOPs – labor traditionally didn’t like because 1. employees would identify with and see the positive side of management, feel less need for the union, 2. A decline in the price of company stock would hurt employees. At times the only way management would increase payroll, by compensation tied to the company’s financial performance. Gives employees “ownership” in the company.
Quality of Work Life – joint worker/management problem solving. Allows for direct participation by employees in day to day on the job decision making.
-Dealing with terms and conditions of employment? Electromation?
5

Administrative issues

Seniority

Discharge & Discipline

Health & Safety

Production Standards/Staffing

Administrative issues are the noneconomic parts of the contract, although they definitely affect the bottom line.
1

seniority
Provides rewards/preferences
Objective
Defensible
Helps retention
Limiting for management

Greater length of service gives greater rewards, or preferences in various areas such as promotion, job security, overtime, vacation, work conditions, layoffs, recall, shift preference.
Seniority is objective so easier to administer than merit or performance.
Seniority is easy to defend – to defend merit you must have a good system of performance evaluation and trained, capable managers to administer. Merit is easy for the union to challenge, seniority is not.
Benefits associated with seniority can act as a retention tool. Pension, vacation, sick leave, severance pay, etc. can keep employees.
Seniority can limit managements ability to promote the best worker.
2

Seniority
Employer wide v. Departmental
Bumping
Super Seniority
“Special Employees”
Temporary Layoffs

Employer-wide seniority – counts total service with company.
Departmental seniority – discourages transfers between departments, discourages cross-training. What happens if a department is eliminated?
Bumping – an employee scheduled for layoff can “bump” a less senior employee from his/her job. This often causes a chain reaction that can disrupt several departments. Usually there is a limit to the number of subsequent “bumps”.
Super seniority – union officers that are required to administer the grievance process (usually President, VP and Stewards) are the last to be laid off regardless of seniority. They lose this status when they leave office.
Special Employees – some contracts allow for designation of employees that are indispensable because they are exceptional or have special skills. They can be passed over for layoffs regardless of seniority.
A “temporary” layoff (amount of time that differentiates “temp” from “permanent” will be specified in the contract. Usually this only affects one department – often when no work or shortage of materials in part of a plant. In a temp layoff it is not required to use seniority.
3

Legislation
Seniority v. Affirmative Action
Reverse Discrimination Issues

The Supreme Court has consistently rules that under Title VII of the CRA is it ok to use “bona fide” seniority systems for layoffs, even if this causes those in protected classes to lose their jobs disproportionately.

Employers often try to “protect” certain individuals to compensate for past discrimination.
This often brings about charges of reverse discrimination. The Court has generally ruled that it is ok to give preference to minorities in hiring and promoting for “traditionally segregated” job categories – even if employer had not previously discriminated. Prior to this it was only ok if employer had history of discrimination.
Weber – white employee turned down for company training program designed to increase the number of blacks in skilled craft jobs even though he had seniority. Court confirmed this is ok.
4

legislation
Firefighters v. Stotts
Wygant v. Jackson BOE
Johnson v. TA
Lorance v. AT&T

Firefighters v. Stotts – Affirmative Action programs cannot be used to lay off senior white employees and retain junior black workers.
-Supreme Court ruled this violated Title VII by preferential treatment to black employees.
-Court held that the seniority system was bona fide and not meant to discriminate.
Wygant v. Jackson Board of Education – labor agreement said in layoffs that junior black teachers would be retained and senior white teachers laid off to keep black teachers as role models.
-Court ruling allowed for the belief that if the employer had blatantly discriminated in the past then it might be able to discriminate in layoffs to make up for “the effects of past discrimination”.
-”Race conscious affirmative action as relief to dissipate the lingering effects of pervasive discrimination”.
Johnson Transportation Agency – Court allowed a woman with less seniority and lower test scores then a man to keep her job because there had been a “manifest imbalance” in the workforce – and she was qualified to do the job.
Lorance v. AT&T Technologies – began shifting of views
-Court restricted the time during which discriminatory practices involving seniority systems could be challenged.
5

legislation
Wards Cove v. Atonio
Martin v. Wilks
U.S. Airways v. Barnett
Civil Rights Act of 1991

Wards Cove v. Atonio – plaintiffs (not employers) have the burden of proving whether a job requirement that screens out minorities or women is a business necessity.
Martin v. Wilks – Court approved affirmative action settlements could be reopened to let white male employees file reverse discrimination lawsuits.
U.S. Airways v. Barnett – ADA case – the Court ruled that seniority should outweigh a disability.
-An injured baggage handler was temporarily reassigned, but didn’t have the seniority to stay in that job long-term.
Civil Rights Act of 1991 countered this shift and the earlier court decisions.
Shifted the burden of proof from the plaintiff as required by Wards Cove back to the employer – made Martin null and void.
Allowed for punitive damages to victims of employment discrimination if plaintiff could prove that the employer acted “with malice or reckless indifference to the federally protected rights of an aggrieved individual”.

Discharge and discipline
Just Cause
Appeals
Evidence/Proof
Communication
Mitigating Circumstances

Labor contract limits an employer’s ability to discipline to “only for just cause”.
-The definition of just cause is subjective. Usually defined through past practice and precedent, or through the grievance and arbitration procedures.
-Most contracts layout items that are “dischargeable”, i.e. incompetence, violation of work rules, slowdown or strike, excessive absenteeism or tardiness, fighting, drugs/alcohol, dishonesty, insubordination, sabotage, theft, vandalism.
-Contract also has procedures or “steps” for discipline, usually oral, written, suspension
-Employer must provide notice to employee and union prior to discharge – suspend employee, have a hearing then proceed with discharge.
-Discharge appeals through grievance process – usually discharge issues go right to 3rd step.
Evidence/Proof – similar to court, must prove facts and allegations – “innocent until proven guilty”.
-Circumstantial evidence can be considered just as in a courtroom.
-Use of “convincing proof” standard (as defined by the arbitrator”, rather than “beyond a reasonable doubt” or “beyond the shadow of a doubt”.
Communication – rules must be clear and specifically communicated. “I didn’t know” is hard to defend if can’t prove it was communicated. Use of handbook, bulletin board, emails, memos or the contract are standard.
Mitigating circumstances – prior clean work record, medication, personal issues, previous instigation, length of service.
7

Safety and Health
Required Subject
of Bargaining
OSHA

Safety and Health is an area in which employers are required to bargain. The obligation to provide a safe work environment is not only for employers, but also for unions and employees.
OSHA was established in 1970. OSHA inspectors are granted the authority too inspect workplaces for safety violations.
Although there are not enough inspectors and onsite visits are rare, the legislation is effective because of the agency’s presence and because of the education it provides and requires employers and unions to provide to employees.
Most companies have joint Safety and Health committees.
8

Production standards
Staffing/Efficiency
Conflicting Goals
Technological Change
Effects
Responses/Resolutions

Production Standards are the most controversial part of labor relations.
-Union and management are on different sides of the issue, have conflicting goals – if production per worker increases the need for employees decreases resulting in less union members. Pushing too hard and/or making employees work too quickly can be unsafe. Unions want to review the production standards that employers use.
Technological Change – Automation – Industrial “Robots” – cause job obsolescence, even the threat of displacement can cause morale issues.
Positives
Increased efficiency and profits, higher wages and higher standards of living
Safer work place
Improved product quality
Union efforts to deal with technological change:
Advance notice of layoffs or shutdowns (WARN Act)
Adoption of “Attrition Principle” – agreement to reduce jobs solely by attrition.
Retraining – do workers want this?
Restrictions on subcontracting – bone of contention for unions! Employer usually wins at arbitration if a) subcontracting is triggered by compelling economic reasons b) done in good faith c) employer has used subs in past without union objection d) work performed by subs not work usually performed by union members e) current employees can’t do the work (not enough or don’t have the expertise)
Other Measures – shorter workweeks, limiting OT, higher wages for more responsibility, require management to consult with union before implementing technological change, special wage provisions for downgraded employees.
9

Production standards
Plant Closings
WARN Act
Notice Requirements
Penalties
Exemptions

WARN Act passed in 1988, covers employers with 100 FTE’s or FTE equivalents.
Requires 60 days notice of shutdown or mass layoff if:
50 or more employees at a single site would lose their jobs
Layoff is planned for 6 months or longer that affects 50 employees and equals at least 1/3 of the workforce
Layoff is planned for 500 or more employees.
Penalties are stiff – include pay and benefits to the employees for every day that notice is not given.
-Employer must also pay $500 per day notice is not given to the community.
Exemptions include actions that cannot be “reasonably foreseen”.
1. Unforeseeable business circumstances, i.e. Loss of major customer
2. Natural disasters.
3. Faltering company – a company has sought new capital or business to stay open and where giving notice would ruin the opportunity to get the new capital or business, and applies only to plant closings.
Natural disaster – flood, earthquake, drought or storm.
When the notices are given under these exceptions, they must include a brief statement of the reason for reducing the notice period in addition to the items required in notices.
10

· Question 1

2 out of 2 points

Which of the following is not considered a union unfair labor practice?
Answer

Selected Answer:

under a valid union-shop agreement, demanding the discharge of an employee who fails to pay union dues

· Question 2
2 out of 2 points

In recent years,
Answer

Selected Answer:

all of the above

· Question 3

0 out of 2 points

The first U.S. President ever to grant official recognition to federal government employees to bargain collectively was President
Answer

Selected Answer:

Nixon

· Question 4
0 out of 2 points

Recent media campaign ads by the Automobile Workers have contained the message
Answer

Selected Answer:

“America works best when we say, ‘Union, Yes!’ ”

· Question 5
0 out of 2 points

Most of the local union’s time is devoted to
Answer

Selected Answer:

negotiating labor agreements.

· Question 6
0 out of 2 points

Most members of the National Education Association
Answer

Selected Answer:

support right-to-work laws

· Question 7
0 out of 2 points

About 85 percent of the UAW’s spending goes to
Answer

Selected Answer:

strike funds.

· Question 8
0 out of 2 points

As compared to the Teachers, many of the building trades are much
Answer

Selected Answer:

less active in research efforts.

· Question 9
0 out of 2 points

In 1970, an unprecedented federal sector eight-day strile was carried on by the employees of the
Answer

Selected Answer:

State Department

· Question 10
2 out of 2 points

The American Federation of Labor was originally entitled the
Answer

Selected Answer:

Federation of Organized Trades and Labor Unions

· Question 11
0 out of 2 points

Under Taft-Hartley, if management or labor wishes to terminate or modify an existing labor contract, it must give a
Answer

Selected Answer:

thrity-day notice to the other party.

· Question 12
0 out of 2 points

At present, the unionized percentage of all United States workers is approximately
Answer

Selected Answer:

33.4

· Question 13
0 out of 2 points

In 1993, the Retail, Wholesale and Department Store Union merged with the
Answer

Selected Answer:

Service Employees International Union.

· Question 14
0 out of 2 points

By 1917 some thrity states had introduced
Answer

Selected Answer:

antitrust laws for unions.

· Question 15
0 out of 2 points

Investigation of union misconduct under the Landrum-Griffin is the responsibility of the
Answer

Selected Answer:

Senate Subcommittee on Ethics.

· Question 16
0 out of 2 points

COPE is a part of the
Answer

Selected Answer:

Furriers.

· Question 17
0 out of 2 points

When it has found that employees have been unlawfully discharged for union activities, the NLRB has most frequently required
Answer

Selected Answer:

automatic union certification.

· Question 18
2 out of 2 points

Employers may not hold a meeting with employees on company time
Answer

Selected Answer:

within twenty-four hours of a representation election.

· Question 19
2 out of 2 points

With a passage of the Wagner Act, union membership
Answer

Selected Answer:

rose rapidly.

· Question 20
0 out of 2 points

Under the Taft-Hartley, employers may lock out their employees when a bargaining impasse occurs if
Answer

Selected Answer:

the union has threatened to strike.

· Question 21
2 out of 2 points

Tight labor markets are those
Answer

Selected Answer:

in which new employees are difficult to recruit

· Question 22
0 out of 2 points

Only one of the following was among the nation’s ten largest internationals in 2003
Answer

Selected Answer:

National Engineering Association

· Question 23
0 out of 2 points

After it has secured bargaining rights, a local union typically applies for
Answer

Selected Answer:

Whipsawing.

· Question 24
0 out of 2 points

When the AFL-CIO executive council was expanded to 53 members, 10 of the 18 new slots were reserved for
Answer

Selected Answer:

military veterans.

· Question 25
0 out of 2 points

The major weapon management used against labor organizations before 1932 was
Answer

Selected Answer:

state legislation

· Question 26
0 out of 2 points

Labor relations consultants usually
Answer

Selected Answer:

earn seven-figure annual incomes

· Question 27
0 out of 2 points

When an employer promises to raise the wages of a worker if he/she will agree not to join a union, the action is considered to be
Answer

Selected Answer:

in contempt of the NLRB.

· Question 28
0 out of 2 points

The AFL executive council suspended the leaders of the CIO for practicing
Answer

Selected Answer:

exclusive jurisdiction.

· Question 29
0 out of 2 points

Research suggests that the greatest single motivator of workers joining unions is dissatisfaction with the extent of gratification of
Answer

Selected Answer:

physiological needs

· Question 30
0 out of 2 points

Featherbedding is
Answer

Selected Answer:

the receipt of pay for work that is not needed.

· Question 31
0 out of 2 points

The number of national unions currently represented by the AFL-CIO is
Answer

Selected Answer:

· Question 32
0 out of 2 points

The nation’s oldest permanent national union is the
Answer

Selected Answer:

Molders Union

· Question 33
0 out of 2 points

Landrum-Griffin requires that union members
Answer

Selected Answer:

be allowed to have an open shop.

· Question 34
0 out of 2 points

Between 1932 and 1941, United States union membership
Answer

Selected Answer:

almost doubled.

· Question 35
0 out of 2 points

Among the earliest trade unions was that of the
Answer

Selected Answer:

teachers.

· Question 36
0 out of 2 points

A Bill of Rights for union members is included in the
Answer

Selected Answer:

Owen-Keating Act

· Question 37
2 out of 2 points

Under a “yellow-dog contract,” workers must promise in writing
Answer

Selected Answer:

never to engage in union activities.

· Question 38
0 out of 2 points

Almost all national union constitutions now contain a
Answer

Selected Answer:

All of the above.

· Question 39
0 out of 2 points

The AFL-CIO’s Public Employee Department
Answer

Selected Answer:

was founded in 1953

· Question 40
0 out of 2 points

In its 1984 Bildisco Manufacturing decision, the Supreme Court unaimously ruled that
Answer

Selected Answer:

supervisors could not become union members.

· Question 41
0 out of 2 points

If a national union runs out of money to pay strike benefits to striking members, other nationals will customarily
Answer

Selected Answer:

lend it food.

· Question 42
0 out of 2 points

In the area of government intervention in labor relations, the trend seems to be that
Answer

Selected Answer:

due to heavy case loads, Congress will pass legislation to increase state and local governmental authority.

· Question 43
2 out of 2 points

Most emplyees at both Disneyland and Disney World are
Answer

Selected Answer:

Teamsters

· Question 44
2 out of 2 points

The most successful of all U.S. unions in organizing between 1980 and 1995 were the
Answer

Selected Answer:

service employees.

· Question 45
0 out of 2 points

Proposition 226 related to
Answer

Selected Answer:

gays.

· Question 46
0 out of 2 points

The Teamsters were expelled by the AFL-CIO in
Answer

Selected Answer:

1973.

· Question 47
0 out of 2 points

If the NLRB or court rules that an issue does not fall within the mandatory category of bargaining
Answer

Selected Answer:

either party may force the issue to an impasse.

· Question 48
0 out of 2 points

Of all Taft-Hartley unfair union practices, the most difficult to interpret has been the ban on
Answer

Selected Answer:

excessive

· Question 49
0 out of 2 points

By far, the chief benefit associated with AFL-CIO membership is
Answer

Selected Answer:

organizational help.

· Question 50
2 out of 2 points

Both the Automobile Workers and the Newspaper Guild
Answer

Selected Answer:

have always had a democratic system of internal government.

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