Labor Test 3 Flashcards
Industrial Relations in Transition
Competitive pressures can cause either conflict or cooperation
4 Forms of L-M Cooperation
Intensity of changes vs.Employees or union based
1) Labor-Management committee (limited changes, union side)
2) TQM (limited changes, employee side) - empower employees to make decisions themselves
3) Partnership (radical changes, union side) - union not only has committees and meetings with managers, but are fully involved in day-to-day decisions
4) Self-managed teams (radical changes, employee side) - NO supervisors
Grievances
Definition: An employee’s alleged violation of the labor agreement that is submitted to the grievance procedure for resolution (gripes unrelated to labor agreement are not grievances)
Duty of Fair Representation
Meeting the legal duty requires that unions must consider the interests of all members, take their positions honestly, in good faith, and without hostility or arbitrary discrimination.
(applies to union AND nonunion members)
4 reasons for employee grievances
1) To protest a contractual violation
2) To draw attention to a problem at the plant
3) To make the grievant and the union feel important (have a chance to be heard)
4) To get something for nothing
Grievance procedure steps
Review paper notes
Grievance arbitration (union) vs. Employment arbitration (nonunion)
1) Process and rules: negotiated with union vs. initiated by management
2) Selection of arbitrators: joint decision vs. employer choice
3) Framework for decisions: labor contract vs. personnel manual and legal statutes
Steelworkers Trilogy
1) the arbitrator, not the courts, determines the merits of a grievance
2) arbitrators have far more expertise than judges in interpreting the “common law of the shop”
3) arbitrators have no obligation to the court to give their reasons for an award
3 considerations in employee discipline
1) Legal considerations - management rights, employee rights
2) Performance consideration - corrective action, cost of NO discipline
3) Ethical considerations - what is right and just
* Have to have discipline system in place, employees understand it, and you follow through
3 exceptions to employment at will (in some states)
1) Public policy exceptions (43 states): can’t fire somebody for not doing something illegal or for exercising rights to do something legal (obtaining workers comp)
2) Implied contract exceptions (42 states):
3) Covenant-of-good faith and fair dealing (22 states)
(Virginia has first 2)
“Just Cause” criteria (for an arbitrator)
1) Clear and convincing evidence that offense was committed. – there was a rule, and there is evidence the rule was violated
2) Disciplinary action was appropriate for offense.
3) Discipline applied equally to all employees
Weingarten Rights
Right to have a union rep present at disciplinary meeting:
- Employee must request it
- Information gained from illegal meeting (meeting without rep) can’t be used in discipline
4 differences between public and private sector
1) Right to strike generally prohibited
2) Bargaining power differences
3) Multi-lateral bargaining
4) Labor-management cooperation (limited success)
3 potential problems with interest (contract) arbitration (public sector)
1) Split the difference - arbitrator will just pick the middle of the two parties proposal
2) chilling effect - if arbitrator splits the difference, parties are unwilling to change positions
3) Narcotic effect - parties forget to how to make contract without arbitration
Final-offer arbitration
The arbitrator has to choose either the final offer of the management or the union side. Limited to those 2 choices alone. Creates incentives for both sides to pick a fair value
