Labour Law Assignment Report

The 1981 Air Traffic Controllers Strike Background: Union negotiators may find that the authority limits they are authorized to use in a labor negotiation by their union members (constituency) can be both to their advantage as well as their disadvantage. One tactical advantage in using their constituency authority can include the ability to manipulate public visibility to what is transpiring behind closed doors to gain sympathy. By bringing out the issues into the public forum, they may be able to manipulate public support for their plight. Another advantage might be gained in the limiting of concessions by conducting the negotiation in front of their members or constituency. By doing so, the negotiators show that their authority has limitations, and that they have only so much latitude. A union negotiator might illustrate their solidarity with the union constituency by displaying a certain degree of militancy in union demands and expectations. The disadvantage can occur w

[Ethical Conduct]
Case Study
2020
University
Student Credentials

Labour Law 1
Question 1
The strike here conducted by the union members is on papers or as per the law illegal,
while in ethical sense, in order to attain certain quality of work or the concessions regarding
their job or even communicating regarding the same is very much required. The issue here
was that, on the both ends the parties were stuck on their point. Union had its own mentality
regarding the changes they want in the labour management program while, the FAA had its
own ideology revolving around the contract. The changes made by the FAA were not enough
for the union to comply with or follow through. However the actions taken up by the union
were not as per the existing contract that specifically stated that if strike takes place or the
union goes against the organization in a way in which rules are violated then it will be
deemed as an illegal activity.
The issue was being worked upon and the negotiations were being conducted which
could have led to a conclusion that would have been suitable to both the parties. Though,
action taken by PACTO was not something to be considered as an ethical conduct as it
violated many rules that were specifically laid down previously while the employment was
given. Here in fact, the union representative, Mr. Robert Poli rather instigated and abated
PACTO into taking strike action against the FAA (GLASS, 2015).
Question 2
The action taken by the union was not something that could be considered a legal
right or legally a right thing to do. As a result of which, FAA or the government had to take
legal action against the violation on the part of union members. Here the legal aspect that
revolved around the issue was violation of rules on various levels. When the matter is
analysed thoroughly, it can be found that the action taken by the government is something

Labour Law 2
that had to be done legally. Though there can be a debate upon the fact regarding the
seriousness or the level of action taken as the action taken up by the government was a bit
harsh as losing their jobs can inflict negatively on the organization or the government. This
can also attract many law suits against the government or the specific department for that
matter (Shin, 2017).
The action taken by the FAA here was fair enough to an extent as promoting this kind
of behaviours is what that needs to be avoided at all costs. Though banning them from being
employed by the US Government is not something that should have been done as many
people would not have an income source then. Legal action taken was a fair thing to do here
as promoting violation of laws and not regarding rules and not complying with them
knowingly is violation or breach of the employment contract in itself. The issues could have
been resolved in a much easy manner through communication and negotiating with each
other. A mutual compromise could have reached by the consent of both the parties (Pardlo,
2017).
Question 3
Initially, both the parties which is the FAA and also PACTO both were trying upon
negotiating in civil manner and tried to express the willingness to work in accordance with it.
Constant negotiations helped with the amendment in the contract by the FAA which the
members of PACTO appreciated but since not much change was made, more of negotiations
were supported by the members. Later, since the relations between both the parties changed,
FAA became adamant about the changes it made and the provisions it had made. In this case,
the other party which is the PACTO grew impatient. Later, the representative of the Union,
Mr. Poli, instigated the members of the organization and the other workers as well to revolt
against the government and initiate a strike against them (Clarke & Boersma).

Labour Law 3
Though it is not something that can be supported and this kind of behaviour in any manner
cannot be complied with or even followed with, but it was then required also. As it was
regarding the rights of the workers and the conditions which they wanted to be a part of the
employment contract.
Question 4
There are several methods to resolve a dispute; any of those could have been used.
Yet PACTO opted to go through with the process of rebelling in the form of going on a strike
against the government. In fact, there were several methods in which FAA could have
explained their ideologies or their side well to the members of the union yet they chose on
being adamant about what their ideas were and the ideologies they had in their mind (Craig,
2017). Mutual communication and proper negotiation could have helped both the parties
achieve what they wanted or compromise and agree on certain conditions hence avoiding any
of the conflicting issues. In general labour negotiations are something that effect the working
of the organization or even governments. This kind of non -contentious behaviour on both
ends can lead to a very negative picture being portrayed on the national level. This can
ultimately result in financial or economic losses to the government or nation. The ethical
theory of Justice is to be implied on this case as the FAA worked as per what was right and
what needed to be done, while the members of PACTO worked in accordance with the ethical
theory of benefice where personal benefits were treated as a priority (DSEF, 2012).

Labour Law 4
Bibliography
Clarke, T., & Boersma, M. (n.d.). The governance of global value chains: Unresolved human
rights, environmental and ethical dilemmas in the apple supply chain. Journal of
Business Ethics, 111-131.
Craig, B. (2017). REAGAN VS. AIR TRAFFIC CONTROLLERS. Retrieved February 20,
2020, from University of Virginia: https://millercenter.org/reagan-vs-air-traffic-
controllers
DSEF. (2012). ETHICAL THEORIES. Retrieved February 20, 2020, from DSEF :
https://www.dsef.org/wp-content/uploads/2012/07/EthicalTheories.pdf
GLASS, A. (2015). Air traffic controllers go on strike, Aug. 3, 1981. Retrieved February 20,
2020, from Politico: https://www.politico.com/story/2015/08/air-traffic-controllers-
go-on-strike-aug-3-1981-120923
Pardlo, G. (2017). THE COST OF DEFYING THE PRESIDENT. Retrieved February 20,
2020, from New Yorker: https://www.newyorker.com/culture/culture-desk/the-cost-
of-defying-the-president
Shin, A. (2017). Recalling the 1981 air traffic controllers strike. Retrieved February 20,
2020, from Washington Post:
https://www.washingtonpost.com/lifestyle/magazine/recalling-the-1981-air-traffic-
controllers-strike/2017/07/25/ba7c11de-5b53-11e7-a9f6-7c3296387341_story.html