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 Do you think employees feel that mediation and arbitration are just/fair methods of resolving employment conflicts? Why or why not, and use both unionized and non-unionized employee perspectives.

Submission Instructions:

  • Your initial post should be at least 200 words, formatted and cited in current APA style with support from at least 2 academic sources. Your initial post is worth 8 points.
  • Please post your initial response by 9:00 PM ET Thursday

Attached PP are chapter recap about the topic.

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Chapter 8

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Administrative Issues

Contract Negotiations and Administration

Job Security and Seniority

Employee Training

Work Restructuring

Safety and
Health

Technological Change

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Technological Change and Job Protection

  • Technological Change

Involves the introduction of labor-saving machinery.

Produces changes in material handling and work flow.

Is a nonmandatory bargaining issue.

  • Automation

Machines and automatic controls displace humans who formerly did the same work.

Alters job characteristics and required skills.

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Phases of Technological Change

Development
Phase

Resource Allocation
Phase

Implementation
Phase

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Phases of Technological Change

  • Development Phase

Choices are made about the design and configuration of the new technology.

  • Resource Allocation Phase

Organizational units’ claims for resources are evaluated.

  • Implementation Phase

The new technology is constructed, put in service, and modified if necessary.

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© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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How Unions Protect Job Interests from the Effects of Technological Change

  • Negotiating contract language.
  • Lobbying for or against government regulation and assistance programs.
  • Providing direct services to members to assist them in adjusting to or coping with change.
  • Becoming voluntarily involved in the technology selection process.

High Performance Work Organization (HPWO)

Saves and creates jobs and is globally competitive

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Positive Effects of Technological Change

  • Higher productivity that produces greater wealth with less effort
  • The elimination of menial and dangerous jobs
  • Higher wages and better working conditions
  • Shorter hours
  • Increased skill levels that increase pay and result in a higher standard of living

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© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Negative Effects of Technological Change

  • Elimination and deskilling of jobs that lowers pay and reduces job security
  • Displaces intellectual skills of human operators
  • Incurs higher capital investment requirements
  • Increased productivity results in market oversupply, causing product prices to decrease
  • Increases the capability for monitoring employee activities and performance

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© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Job Security and Personnel Changes

Job Security Work Rules

Job Content

Working Hours

Seniority

Wages

Training

Job Assignment

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© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Plant Closures, Downsizing, and WARN

  • Worker Adjustment and Retraining Notification Act (WARN) of 1988

Covers employers with 100 or more employees.

Requires 60 days’ advance notice of plant closing or major layoff involving one-third of the workforce.

Exempts firms in financial collapse and unforeseen operational difficulties.

Has no designated agency to enforce the act; employees and unions must sue their employer to recover damages.

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© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Subcontracting, Outsourcing, and Work Transfer

  • Subcontracting

Contracting work to an outside vendor when the employer cannot do all or part of the work or when the vendor can do the work at a lower cost.

  • Outsourcing

Contracting work that the employer does not do to an outside vendor to reduce costs.

  • Offshoring

Movement of work from a company location within the United States to locations outside of the United States

  • Work Transfer/Relocation

Moving work to another facility or location.

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© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Subcontracting and the LMRA

  • Subcontracting is not a mandatory bargaining issue when:

It is motivated solely by economic conditions.

It is a common method of business in the industry.

It follows previous similar subcontracting practices.

It has no adverse impact on current bargaining-unit employees.

The union has been given the opportunity to bargain over changes in subcontracting practices.

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© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Subcontracting and Arbitration

  • Factors in Management’s Right to Subcontract:

Presence and clarity of labor contract language concerning management’s subcontracting rights

Established past subcontracting practices

History of prior subcontracting negotiations

The intended duration of the subcontracting decision

Employer’s business justification for subcontracting

Evidence of union animus in the subcontracting decision

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© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Work Relocation

  • Employers do not have a duty to bargain over relocated work if:

Performance of the relocated work is significantly different from the previous location.

Labor costs were not a factor in relocating the work.

The union could not have offered significant labor cost concessions to affect the relocation decision.

  • Duty to bargain over the effects of work relocation

Transfer rights, severance pay, pension rights

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© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Work Assignments and Jurisdiction

  • Jurisdictional Disputes Occur When:

Two or more unions representing different bargaining units claim work for their members.

Workers claim work that should be rightfully theirs has been assigned outside the bargaining unit.

Workers within the bargaining unit disagree among themselves over work assignment.

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Exhibit 8.1 Example of a Work Jurisdiction Clause

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Jurisdictional Disputes and the NLRB

  • Factors considered by the NLRB in resolving jurisdictional disputes:

Skills and work experience required to perform the work

Union certifications already awarded by the NLRB

Industry and local practices

Prior arbitration decisions

The employer’s desires

Cost effectiveness and efficiency in assigning the work to a particular unit or craft

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© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Work Scheduling

  • Flextime

Allows an employee to start and finish work at his or her discretion, as long as the specified total number of hours per week or per day are worked and the employee is present at work during a core-hour period.

  • Compressed Workweek

Consists of four 10-hour work days with three days off each week or eight 9-hour days and one 8-hour day permitting one extra day off every two weeks.

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© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Seniority and Personnel Changes

  • Seniority

An employee’s continuous service with the firm.

An objective measure that is readily determined.

Possessed by all employees covered by the contract.

Used to apportion out rights unrelated to job performance:

Benefit rights: eligibility for and scheduling of vacation time

Job rights: bidding on jobs, layoffs, shift preferences, bumping during layoffs

Superseniority

Protects certain union officials from layoff to assure continuity in the functioning of the union.

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Alternatives to Layoffs

  • Voluntary leave
  • Early retirement
  • Working hours reduction
  • Rotating layoffs
  • Work relocation
  • Job sharing
  • Pay freezes
  • Pay cuts
  • Work rule changes
  • New products
  • Normal attrition
  • Hiring freezes

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© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Legal Issues Involving Seniority

  • Supreme Court Decisions

Bona fide (lawful) seniority systems are permitted.

Employees can be awarded retroactive seniority as a remedy for past discriminatory practices.

The use of seniority in layoffs is permitted where the layoff may or does adversely impact minorities.

Reverse discrimination claims are not valid if the affirmative action plan:

Is a negotiated settlement between the union and employer.

Does not harm majority employees (loss of jobs).

Doesn’t exclude majority employees from advancement opportunities.

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© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Americans with Disabilities Act (ADA)

  • Reasonable Accommodation

Requires employers to make adjustments to job for qualified persons with disabilities who can carry out the essential functions of the job.

Cannot conflict with other employees’ seniority rights.

Does not require the lowering of behavior or performance standards.

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Types of Employee Training

  • Formal Programs

Apprenticeships

New employee orientation

Safety and health

Basic skills

Job-specific skills

Workplace practices

  • Informal Training

On-the-job

Mentoring

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Work Restructuring

  • Work Restructuring Programs

Employee involvement

Worker participation

Cross-training

Multiskilling

Self-managed work teams

  • Benefits of Innovative Practices

Increased energy, creativity, and dignity for employees

Increase profits for employers

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Safety and Health

  • Factors prompting the inclusion of safety and health clauses in labor agreements:

The standards and provisions of the Occupational Safety and Health Act (OSHA) of 1970

Emergence of new biological, ergonomic, and chemical hazards in the workplace

Rising health care treatment costs

Increases in legal claims by injured workers

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© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Key Terms

  • Technological change
  • Automation
  • Effects bargaining
  • High performance work organization (HPWO)
  • Deskilling
  • Psychological contract
  • Job security
  • Featherbedding
  • Worker Adjustment and Retraining Notification Act (WARN)
  • Subcontracting
  • Outsourcing
  • Offshoring
  • Fibreboard ruling
  • Jurisdictional disputes
  • Instructional situations
  • Experimental work
  • Emergency situation
  • Flextime
  • Compressed workweek
  • Seniority
  • Benefit rights
  • Competitive job rights
  • Bumping rights
  • Superseniority
  • Job sharing

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© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Key Terms (cont’d)

  • Work sharing
  • Organizational justice
  • Distributive justice
  • Procedural justice
  • Interpersonal justice
  • Informational justice
  • Americans with Disabilities Act of 1990
  • Reasonable accommodation
  • Work restructuring
  • Semi-autonomous work teams
  • Self-managed work teams
  • Occupational Safety and Health Act (OSHA)

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Chapter 9

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Impasse Resolution Procedures Involving a Third-Party Neutral

  • Impasse

The point in negotiations at which the parties have hardened their bargaining positions and no voluntary settlement of the dispute appears likely.

  • Mediation

Mediator: an individual with no authority to impose a settlement, who uses persuasion and personal credibility to facilitate the restarting of the bargaining process.

Federal Mediation and Conciliation Service (FMCS)

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© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Impasse Resolution Procedures Involving a Third-Party Neutral (cont’d)

  • Fact-Finding

A semi-judicial process used to gather facts and issue a public report containing conclusions and recommended terms of settlement.

  • Interest Arbitration

Allowing a third party (arbitrator) to hear the bargaining positions of the parties and make a final and binding decision on what should be included in the agreement.

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Exhibit 9.1 Some Relevant Criteria an Arbitrator May Use to Decide
an Interest Bargaining Dispute

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Interest Arbitration Procedures

  • Conventional Interest Arbitration

The arbitrator considers each party’s settlement terms, and accepts one party’s or fashions a compromise settlement.

  • Final-Offer Total Package (FOTP)

The parties present their settlement terms on all issues and the arbitrator must choose one package to be implemented in its entirety without alteration.

Final-Offer Issue-by-Issue (FOIBI)

Each issue is considered by the arbitrator rather than the whole package.

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© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Interest Arbitration: Critical Concerns

  • Criticisms and concerns about the use of interest arbitration:

Arbitrators tending to “split the difference” in making decisions, resulting in extreme positions for the negotiating parties.

Arbitration’s “chilling effect” on the incentive to reach an agreement when it represents the possibility of gaining more than can be gotten through negotiation.

Arbitration having a “narcotic effect” on the bargaining parties as they come to rely on it.

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Interest Arbitration Procedures (cont’d)

  • Mediation-Arbitration (Med-Arb)

A mediator serves to facilitate the bargaining process and is also empowered to act as an arbitrator to settle the dispute.

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Other Third-Party Procedures

  • Arbitration-Mediation (Arb-Med)

Employs one third party to be both arbitrator and mediator, and reverses the procedural order of med-arb.

  • Tri-Offer Arbitration

Both parties and a neutral third party suggest settlements.

  • Double Final-Offer Arbitration

Each disputant submits two package proposals of roughly equivalent value.

  • “Night Baseball” Arbitration

Each side submits sealed final offers and written briefs discussing the relevant issues.

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The Use of Economic Pressure to Resolve Interest Disputes

  • Union

Strikes

Economic

Unfair labor practice

Sympathy

Illegal Strikes

Partial and wildcat

Jurisdictional

Work Slowdowns

Boycotts

Primary

Secondary

  • Primary Employer

Lockout

Use of nonunion personnel

Use of temporary replacement workers

Strike Responses

Use of permanent replacement workers

Acceptance of unconditional requests for reinstatement

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Exhibit 9.2 Work Stoppages Involving 1,000 or More Employees in the United States, 1947–2014

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Exhibit 9.3 Conclusions from Research on Work Stoppages Regarding the Likelihood of a Strike

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Strategic Purposes of a Strike

  • To resolve the union’s internal problems

Remove tensions and release frustrations

Unify diverse factions within the union

Prepare members for a realistic bargaining outcome

Rally members over a bargaining issue

  • To show management the union’s strength

Convince management of the credibility of the union’s future strike intentions

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Exhibit 9.4 Some Potential Strike or Lockout Costs and Mitigating Actions

Potential Employer Strike or Lockout Costs

Lost sales revenue

Loss of customers/market share (temporary or permanent)

Continued fixed operating costs (e.g., utilities, taxes, rent, maintenance, debt service)

Nonbargaining unit employee payroll costs

Recruitment, selection, and training costs for temporary or permanent replacement workers

Shut-down and start-up costs

Negative publicity

Legal fees

Damage to bargaining relationship or co-worker relations (temporary or permanent)

Increased stress level on managers, employees, and their families

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Exhibit 9.4 Some Potential Strike or Lockout Costs and Mitigating Actions (cont’d)

Potential Employer Actions to Minimize or Limit Such Costs

Build inventory in advance of an anticipated strike

Notify customers and suppliers in advance of strike potential and help arrange alternative sources to meet customer needs

Engage in a publicity campaign to inform the public (customers, civic leaders, and employees) about company efforts to resolve the labor dispute

Shift the struck work to other primary employer-owned plants or outsource such work to other secondary employers

Continue business operations using some combination of non-B.U. employees, B.U. employees willing to cross the union’s picket line, and temporary or permanent striker replacements

Existence of poor product market demand serves to decrease risk of market share loss and sales revenue

Purchase strike insurance or enter mutual aid pact with other employers

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Exhibit 9.4 Some Potential Strike or Lockout Costs and Mitigating Actions (cont’d)

Potential Union or Individual Employee Strike or Lockout Costs

Loss of union members due to voluntary union membership resignation or permanent striker replacement

Loss of wage income or employee benefits coverage

Loss of union dues revenue

Cost of strike benefits provided, if any

Costs of operating a strike (e.g., printing costs, legal fees, picket-line supplies such as coffee, food, or medical aid)

Political cost to union’s leadership if strike isn’t won or won ‘‘big enough’’

Damage to co-worker (peer) relationships between strike supporters and nonsupporters

Continuing personal debt payments (e.g., auto, home, credit card, insurance, and telephone)

Increased level of stress on work stoppage participants, their families, and communities

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Exhibit 9.4 Some Potential Strike or Lockout Costs and Mitigating Actions (cont’d)

Potential Union or Individual Employee Actions to Minimize or Limit Costs

Ensure adequate membership support prior to initiating any strike action

Solicit morale and financial support from outside organizations (e.g., other unions, community groups, general public)

Increase individual savings rate in anticipation of income loss during work stoppage

Work with creditors to delay or reduce monthly debt payments

Ensure adequate funding of union strike benefit fund

Engage in publicity to demonstrate the merits of union members bargaining positions at issue in the work stoppage and the effectiveness of strike efforts to impose added costs on the employer’s ability to operate

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Exhibit 9.4 Some Potential Strike or Lockout Costs and Mitigating Actions (cont’d)

Potential Union or Individual Employee Actions to Minimize or Limit Costs (cont’d)

Recognize the potential effect of product market conditions (e.g., high product demand increases an employer’s cost of lost sales, a high level of market competition increases an employer’s risk of market share loss in the event operations are curtailed)

Recognize the potential effect of labor market conditions (e.g., a relatively low supply of qualified labor reduces the risk of striker replacement)

Establish support groups for strikers and their families to help maintain striker solidarity

Keep strikers informed about the progress of efforts to resolve the labor dispute

Encourage a consumer boycott of the primary employer’s goods or services

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Reinstatement Rights of Unfair Labor Practice and Economic Strikers

  • Unfair Labor Practice Strikers

Can be temporarily but not permanently replaced.

Are not eligible for back pay lost due to the strike unless their lost wages were directly due to the ULP.

  • Economic Strikers

Can be temporarily or permanently replaced.

If permanently replaced, a striker has the right to be placed on a preferential recall list (Laidlaw-Fleetwood doctrine).

Can return to work during the strike after making an unconditional request for reinstatement.

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Unlawful Strike Misconduct

  • Serious Strike Misconduct

Acts of violence directed at managers, co-workers, customers, suppliers, or the general public

Intentional destruction of private property (e.g., acts of vandalism or sabotage)

Verbal threats intended to intimidate or coerce an individual in the exercise of his or her lawful rights

  • How Conduct Is Judged

Courts considered context in determining the severity of acts (verbal abuse versus thrown objects)

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Employee Picketing Rights

  • State and Local Laws Restricting Picketing

No picketing activities for unlawful or violent purposes

Limits on times when picketing can occur, noise level, and the number and spacing of pickets

Truthful content and clear identification of the employer involved in the dispute in picketing signs

  • Private Property Restrictions

No picketing if applied alike to all parties with access

Picketing is allowed if there are no other means to communicate to the intended audience

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Balancing the Rights of Picketing Strikers

First Amendment
Free Speech Rights of Picketing Strikers

Employer
Property Rights

Labor Peace

Free Flow
of Commerce

Public Interests

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Secondary Strikes

  • Secondary Employer

An employer with no direct authority to resolve the labor dispute.

  • Business Ally

A secondary employer who:

engages in an activity (e.g., doing struck work) that supports the primary employer during a strike.

has a high degree of interdependence with the primary employer (e.g., captive supplier).

has commingled assets with the primary employer.

© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Union Picketing and the LMRA

  • Section 8 (b) (4)

It is an unfair labor practice for a union to pressure a neutral, secondary employer into becoming involved in a labor dispute.

Informational picketing is allowed unless its intent is to cause employees of a secondary employer to strike their employer.

  • Sympathy Strikers

Union employees who refuse to cross the picket line of another union to carry out their assigned duties.

Sympathy strikers can be replaced temporarily or permanently if no alternative to their refusal can be found.

© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Common Situs Picketing

  • Moore Dry Dock Doctrine

Common situs picketing of secondary employers is lawful if:

The primary employer is operating on the work site.

Picket signs clearly identify the primary employer.

Picketing is conducted at locations in reasonable proximity to the primary employer’s site operations.

Reserve Gate Doctrine

A union cannot picket at a gate reserved solely for the secondary employer’s use as long as it has reasonable access to the primary employer’s gate.

© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Common Situs Picketing (cont’d)

  • General Electric Doctrine

Picketing is illegal at a gate designated by the primary employer for use by a secondary employer if:

If the gate is used exclusively by the secondary employer.

If the secondary employer is not doing struck work.

The secondary employer’s work does not require a normal work stoppage (i.e., plant-wide maintenance shutdown) for the primary employer.

© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Product Picketing

  • Product Picketing

The picketing of neutral secondary employers who sell the primary employer’s product or service.

  • Limitations on Product Picketing

Primary employer must be identified as target of picketing.

Picketing must focus only on the primary employer’s products or services.

Picketing that effects a near total or total boycott (merged product doctrine) of the secondary employer is illegal.

© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Exhibit 9.5 Handbill Used at Shopping Mall to Influence Shoppers

© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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National Emergency Dispute Resolution Procedures

  • National Emergency Strikes

Strikes that threaten to have an adverse effect on the national interest

  • Federal Methods for Responding to National Emergency Strikes

Presidential seizure or other intervention

Procedures outlined under the Railway Act

Procedures outlined in the LMRA

© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Exhibit 9.6 National Emergency Dispute Resolution Procedure under the LMRA

© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Key Terms

  • Mediation
  • Fact-finding
  • Interest arbitration
  • Federal Mediation and Conciliation Service (FMCS)
  • Conventional interest arbitration (CA)
  • Chilling effect
  • Narcotic effect
  • Final-offer total package (FOTP)
  • Final-offer issue-by-issue (FOIBI)
  • Mediation-arbitration
  • Arbitration-mediation (arb-med)
  • Tri-offer arbitration
  • Double final-offer arbitration (DFOA)
  • “Night Baseball” Arbitration
  • Strike
  • Primary employer
  • Lockout
  • Unconditional request for reinstatement
  • Legal strike
  • Illegal strike
  • Economic strike
  • Unfair labor practice strike
  • Wildcat strike
  • Sympathy strike
  • Jurisdictional strike
  • Protest strikes
  • General strike
  • Partial strikes

© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Key Terms (cont’d)

  • Work slowdown
  • Strike manual
  • Preferential recall list
  • Laidlaw-Fleetwood doctrine
  • Superseniority
  • Serious strike misconduct
  • Secondary employer
  • Informational picketing
  • Business ally
  • Struck work
  • Sympathy striker
  • “Hot cargo” agreement
  • Common situs picketing
  • Moore Dry Dock doctrine
  • Picketing between the headlights
  • Reserve gate doctrine
  • General Electric doctrine
  • Product picketing
  • Merged product doctrine
  • Handbilling
  • National emergency strikes

© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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