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39 Cards in this Set
- Front
- Back
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Grievance procedure |
Provide a mechanism for workers to aid their displeasures with management's actions, to change management's behavior or to recieve some form of compensation for manager's actions |
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Just cause |
the issue of whether management had legitame reasons to take actions, especailly whether managemetn actied appropriate and fairly in disciplining an employee |
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Progressive discipline |
penalties that increase a stepwise fashion after repeated offenses by an employee, such as the insurance of an oral warning, suspension and then discharge |
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Past Practice |
customary policies or methods. Arbitrators often give much weight to past practice in deciding grievances |
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Duty of fair representation |
the responsibility of unions to represent all members of hte bargaining unit |
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Expedited arbitration |
a type of grievance arbitration procedure in which the parties agree to speed up the resolution of disputes by bypassing some of the steps in the normal grievance procedures and adhering to tight time limits |
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Employment at will |
A doctrine stipulating that employers are free to discharge employees without liability and due process provided that termination does not violate statutory or constitutional provisions |
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Quality of Working Life (QWL) Programs |
activities oriented towards improving organizational performance and the working life of employers. ex: small group meetings, study teams; job enlargement, job enrichment, job rotation, multi-skilling, flexible working hours |
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Quality Circle (QC) |
A group of workers and their supervisors who meet with the purpose of solving production problem |
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Management by Stress |
the argument that Japanese management techniques pressure workers to work exceedingly fast and under the strain of constant peer and management oversight |
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Final Offer arbitration |
form of binding arbitration in which the arbitrator must select as the settlement the final offer of either the union or management |
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Multilateral bargaining |
collective bargaining in which there are many individuals who have some managerial responsibility and input into management's decisions; common in public sector. An example includes the Police union in NYC |
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Mediation |
a neutral party assists the union and management negotiations in reaching a labor agreement. Has no power to impose a settlement, but rather acts as a facilitator for the bargaining parties to find a voluntary agreement between the two. They are an invited guest who can be asked to leave by either labor or management |
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Fact-finding (third party): |
is called in to study the issues that are in dispute between labor and management negotiators who have reached an imasse in their negotiations. Their report often includes recommendations (appropriate settlement). More commonly used in the public sector; in the hopes that a neutral report will bring sufficinet pressure on the parties
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Interest arbitration |
involves the use of a third party (an arbitrator) who is empowered to impose a settlement in a contract dispute. The arbitrator is setting the terms of the contract. |
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Grievance arbitration |
deals with existing contract; binding determination of collective agreement |
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conventional arbitration |
a dispute resolution process in which the arbitrator is free to fashion any award s/he deems appropriate |
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Primary union effects |
are on the compensation received by their members. The primary union wage effect is positive |
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secondary union effects |
if employers take steps to reduce the number of jobs, unions might respond by seeking more elaborate job security language and stricter seniority rules; secondary union effects on management |
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Work Rules |
affecting matters such as the pace and difficulty of work that are of concenre to unionized employees and unions -> work rules: language or understanding that guides the way work is done and influence (workers?) such as the pace and difficulty of work or the number and scope of the job classifications. |
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Seniority rights |
the use of an employees length of service to allocate benefits or job opportunities Benefit-status-increase in various benefits Competitive-status-personnel decisions: promotions |
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Supplementary unemployment benefits (SUB) |
Income protection negotiated by some unions to provide some protection during temporary layoffs that supplement unemployment insurance.
Auto industry; SUB benefits and unemployment insurance can provide 95% of take-home pay for three years |
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Oursourcing |
when management contracts out work previously done by union members to non-union members in order to lower its labor costs and production costs |
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Management Rights Clause |
Contractual language or understanding that give management the right to take certain actions unrestricted by contractual restrictions; rights to hire, fire, promote, discipline, discharge. Limit the territory of union influence |
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Productivity bargaining |
can take two forms; 1.) a one time buy out of outmoded practices or 2.) a long-term, joint union-management program for adjusting technological change. |
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Distributive bargaining |
a win-lose bargaining process in which one side's gains are the other side's loses |
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Integrative Bargaining |
A win-win bargaining process in which solutions to problems provides gains to both labor and management |
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Intraorganizational bargaining |
the presence or differing interests within the union and/or management |
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Attitudinal structuring |
the degree of trust that exists in a relationship between management and labor |
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Three steps of mediation |
Initial: gaining acceptability Middle: probing for compromise, establishing framework for settlement Final: push to agreement, challenge parties to adjust expectations |
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Types of Grievances |
Contract violation
violation of past practices letters of understanding settlement of prior grievance can be settled at each step; orally with union steward, written, with a joint-grievance committee and then with an arbitrator |
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Routes to Participation |
Government regulations management initiatives Union initiatives collective bargaining |
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2007-2008 Screenwriters' Strike |
Employers: Alliance of Motion Picture and Television ProducersUnions: WGA-West (initiated strike)WGA-EastIssues:Compensation formulaVHS/DVD salesResiduals for internet programmingjurisdiction over reality and animated showsSupport: AFTRA, SAGMembers concerned about same issuesCriticism: IATS, President Thomas Short; wrote a public letter condemning the strike for shutting down the industry--wasn't involved because in the competition over reality TV50,000 members impacted by strikeDGA, implied criticism of demandsDirectors guild was the first union to be negotiated with by the AMPTP because they were basically on the same side, with comparable pay grade and interests in production. Quiet behind the scenes opposed to the strike, their contract wouldn't expire until after the writer's guild so they were trying to work togetherDirectors' GuildContract expiration: June 30, 2008Early negotiations: January 2008Tone of negotiations: Productive, accommodatingSettlement: doubled residual for VHS/DVD salesflat fee for internet streamed videoAccomplished a lot of what the writers guild wanted to accomplish because they were the in between for the writers guild's negotiation essentiallyWriters Guild SettlementWGA dropped demand for jurisdiction over reality and animated showsOtherwise patterned after DGA:Doubled compensation for VHS/DVD salesflat fee for internet streamed video, modified to percent residual in third year.AFTRA/SAGAFTRA settlementJuly 2008Patterned after WGA |
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US Bargaining Traditions Originated in Auto Industry |
WhipsawingCOLA - almost every contract contains thisSUB - supplemental unemployment benefits, Ford was the first to negotiate this clauseTeam Production - first seen in the auto industry especially seen in Saturn cars |
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Accretion Agreement |
any new or newly acquired operation facility or plant that performs work that is similar to things in the contract or opening of new plants then that plan will have the same contract that has been collectively bargained upon Ex. Chrysler |
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2007 GM-UAW Negotiations - GM was picked first because they seemed like the bigger problem with potential to wean more out of them. |
VEBA - Voluntary Employee Beneficiary Association; association looking to take over all the benefits and pensions for the US owned retirees, companies had to pay into it but relieved them of the burden that they had to pay or run the health/pension plans. This was negotiated with UAW to GM, Chrysler and FordJob Security - Union wanted a return for the work rules they were giving up; instead of a wage increase, they got a bonus.Signing Bonus - signing bonus is extremely popular with US negotiations because then they won't have to pay wage increases or deal with ever raising base wages in negotiations of new contractsTwo-Tier Pay - lower pay for certain groups of workers like newer employees and jobs that are not directly involved in production. |
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Chain reaction set off when a union raises wages; |
Stage 1: Primary Union Effects - raising member wages in order to attract and keep membersStage 2: Management Adjustments - usually management will try to recoup the money lost through increased wages by increasing productions but they may also implement;a reduction in the scale of output and employmentan increase in the price of the producta substitution of capital for labor--all mechanisms for raising the marginal productivity of laborStage 3: Secondary Union Effects - union may take countervailing steps to the management adjustmentsex. if management reduces the number of jobs and increases the pace of work bc pay increase then union may seek more elaborate job security language and stricter seniority rules in subsequent negotiations. |
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Wage effects |
absolute union wage effect - how earnings of union workers compare with what union workers would have earned if there had been no unions anywhere in the economyrelative union wage effect - compares the earnings of union and nonunion workers |
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Rick Warters |
-single contract |
