Co-founder of United American Nurses Union??

Cheryl Johnson - saw the national shortage of nurses as a critical safety issue

In a local agreement - who are the ppl who bargain?

1. president or other elected officer

2. chief steward

3. grievance committee member

4. Craft unions include business agent

5. industrial unions include international representatives

Who the management representatives in the bargaining process?

1. top management including policy makers

2. attorneys

3. labor relations adviser and negotiator used for multi-employer bargaining

____ is the key to successful negotiation?

compromise

What are the three stages of the bargaining process??

1. Preparation stage

2. bargaining stage

3. resolution stage

What case determined the three categories of bargaining subjects?

borg-warner

What are the three categories of bargaining subjects?

1. mandatory

2. permissive

3. illegal

a party may insist on its inclusion and other party cannot refuse to discuss it?

mandatory

a party must withdraw itself from bargaining if the other party does not voluntarily agree to discuss it??

permissive

violates public policy or inconsistent with the NLRA?

illegal bargaining subjects

Give some examples of mandatory items in the realm of compensation??

1. pensions and insurance benefits

2. stock purchase plans

3. merit wage incentives

4. christmas and other bonuses

5. company housing, meals, discounts

Two areas mandatory items are covered under?

1. compensation

2. conditions of employment

examples of mandatory items under conditions of employment?

1. employment security

2. union security

3. job performance

4. management union relationships

any portion of the contract that conflicts with state or federal law becomes null and void without affecting the rest of the contract??

separability clause

what is featherbedding??

requiring an employer to pay for work that isnt actually performed

what are some of the sources of bargaining items??

1. unions introduce new itmes

2. union surveys membership

3. analysis of issues brought as grievances

4. published economic data

5. recent contracts negotiated in the same industry

what are four pressure bargaining tactics?? 

1. goodguy/badguy

2. highball/lowball

3. the nibble

4. chicken

four methods to deal with pressure bargaining?

1. ignore them

2. acknowledge and discuss

3. respond in kind

4. befriend the other party

the ____ must be ratified by union membership in secret-ballot vote?

tentative agreement

What are three reasons for an impasse??

1. interests of parties have not been reconciled

2. one party has no intention of settling

3. union membership rejects proposed contract

4 options to consider when an impasse occurs?

1. third party intervention

2. continue the old contract on day to day basis

3. lockout staged by employer

4. strike held by union 

a work stoppage by a number of employees caused by a disagreement with management over certain issues such as contract negotiations, grievances, or unfair labor practices?

strike

____ lies at the core of NLRA?

calling a strike

3 reasons unions are less likely to call a strike today than in the past?

1. strikes means a loss of wages and benefits, especially health insurance

2. strikers not entitled to food stamps

3. replacement workers may be hired

3 reasons why strikes may occur?

1. accident model

2. joint strike costs 

3. rational tactics

both parties come to the table prepared and rational but there are errors in the bargaining process

??

accident model

strikes occur when joint costs to both parties are relatively low?

joint strike costs

two parties have different information?

rational tactics

strike between an employer and employees?

primary strike

two categories of a primary strike?

1. economic strike - called to affect the economic settlement of a contract under negotiation

2. unfair labor practice strike - called to protest employers violation of the NLRA

strike that targets one location of an employer at a time for a union walkout?

Rolling strike

Wht does the Mackay Doctrine say?

under an economic strike, strikers are not entitled to reinstatement if their jobs have been filled with permanent replacements

Under a unfair labor practices strike - workers are entitled to be reinstated even if their position has been filled 

Workers on strike for more than one year are/are not entitled to vote in a decertification election?

are not eligible to vote

What are some illegal means of conducting a strike?

1. sit down strike (take over employers property)

2. wild cat strike

3. Partial strike (various job actions that violate employers property rights)

4. sickout

what are some unlawful goals that make strikes illegal?

1. jurisdictional strike (dispute btw two unions over entitlements to work)

2. feather bedding strike (pressure employer to make work for union members)

3. recognition strike - attempt to gain recognition for another union if a certified union already represents the workers

 in ___ union small n umber of pickets to inform members of other ___ unions that a strike is in progress?

craft

 in _____ union a large number of pickets are use to discourage unskilled laborers from keeping production lines in operation??

industrial unions

What is one of the Prominent US Strikes studied in this chapter and why was it important?

1983 and 1989 Telephone Worker strikes: 700,000 unionized workers went on strike bc of court order dividing up attnt 

important because it was the first time telescabbing had been used: use of technology to substitute for labor during a strike

What was a strike in the US that is a good example of union solidarity?

1989 Eastern Airlines strike- machinist went on strike first, followed by pilots and flight attendants

employer may withhold employment during a labor dispute to resist union demands?

lockout

What are the two different types of lockouts?

1. defensive - used if a threatened strike caused unusual economic loss or operational difficulties

2. offensive - used to end labor dispute on terms favorable to employer

contained in most collective bargaining agreements and are unconditional bans on interference with production during the lift of the contract?

no strike no lockout provisions

**circumstances where bans permit strike or lockout under??

1. exhaustion of grievance procedure

2. violation of arbitration award

3. refusal to arbitrate dispute

4. noncompliance with portion of agreement

5. deadlocked contract reopener

brings parties together to keep them talking/meeting?

mediation

in ____, a third party is used but has no authority to end the dispute. ?

mediation

in ____, the third party makes the final and binding decision on the details of the final collective bargaining agreement?

interest arbitration

both parties submit final offer to third party that has authority to select one of the proposals, but not to choose a compromise?

final-offer arbitration

mediator is given addtional authority to arbitrate any unresolved issues, which may make mediation more successful?

mediation-arbitration

third party assembles the facts and makes them public, method lies in between arbitration and mediation?

fact finding

**____ is the most common type of union security?

agency shop

what is an agency shop?

employees are required to contribute a sum equal to membership dues to the union but not required to join

two forms of multilateral bargaining in the public sector?

1. council form - govt represented by a negotiator who returns agreement for council approval

2. executive legislative form- negotiator employed by executive branch returns an agreement that must be approved by both executive and legislative branches of govt

In the public sector, negotiations are ____ which may be because of sunshine laws?

open to the public, press coverage may harm the negotiation process

How is the right to strike handled in the public sector?

usually denied to public employees by collective bargaining statute or by court actions

Four ways of resolving an impasse in the public sector?

1. public sector employer generally implements its "last best offer"

2. mediation

3. fact finding / advisory arbitration

4. interest arbitration

*What was the major strike in the Public Sector that was discussed in this chapter?

Professional Air Traffic Controlers: first national strike against the federal govt

13,000 workers on strike were given a deadline to return to work by Ronald Reagan

Those who did not return to work were fired

Not one controler was given amnesty or returned to work until Clinton took office in 1993