Request an arbitrator to resolve the grievance.

The assignment content discusses various topics related to labor relations and collective bargaining, including integrative bargaining, strike replacement, and disciplinary procedures. The short answers and essay questions require students to apply their knowledge of labor laws and regulations to real-world scenarios.

Section A True/False Questions
1. Integrative bargaining is a “zero-sum” process.
Ans. F
2. Only attorneys and judges are allowed to be arbitrators.
Ans. F
3. According to the National Labor Relations Board (NLRB), child care is not a mandatory
subject for collective bargaining.
Ans. T
4. In all unionized organizations, promotion decisions are solely based on seniority.
Ans. F
5. When an arbitrator is evaluating an employee misconduct case, the relative value of the
damage is the primary factor in considering the appropriate discipline; the person’s
deliberate and malicious intent has relatively little significance.
Ans. F
6. Permanent replacements may only be hired during a lockout to affect the economic
outcome of a contract under negotiations if the lockout is a result of an unfair labor
practice by the employer.
Ans. F
7. If a negotiator must give the first opening offer, or choose to do so for strategic reasons,
then they should choose the offer that is closest to their resistance point.
Ans. F
8. One’s BATNA must be objectively “better” than the other party’s BATNA to give one
negotiating power.
Ans. F
9. Hours of employment and rates of pay are mandatory subjects for collective bargaining.
Ans. T
10. A distributive bargaining method results in a “win-win” situation.
Ans. F

Section B Multiple Choice Questions
1. In the case of a negotiation, the resistance point is ________.
a. the starting point of the negotiation accepted by both the parties
b. the maximum or minimum level beyond which the negotiator will not accept a proposal
c. the midpoint of the settlement range accepted by both the parties
d. the most desired outcome or objective a negotiator sets for an issue
Ans. b
2. Which of the following is a responsibility of the Federal Mediation and Conciliation
Services’ Office of Arbitration Services?
a. investigating details of a dispute and based on that, selecting a suitable arbitrator for the
dispute
b. maintaining a roster of arbitrators qualified to hear and decide labor questions in labor–
management disputes
c. evaluating the merits of the underlying grievances submitted for arbitration
d. determining the accuracy of the decision given by the arbitrator and then approving the
decision so that it becomes binding on both the parties
Ans. b
3. Mathew has been working in a production company for the past 15 years. According to the
union contract provision, the company grants promotions only on the basis of seniority.
When a promotion opportunity came up, Mathew thought he would be given the promotion
because of his seniority. But to his dismay, the promotion was given to his colleague who
had joined the company a year ago. Mathew reported the grievance to the shop steward and
he agreed that the grievance had some merit and should be pursued further. What is the
immediate next step that Mathew and the steward should take?
a. Negotiate a last chance agreement among the employer, union, and employee.
b. Report the matter to an arbitrator.
c. Complete a grievance form.
d. Form a union grievance committee.
Ans. b
4. Which of the following statements is true regarding layoffs in unionized organizations?
a. In most labor contracts, the highest paid employees are laid off first, with further layoffs
made in accordance with performance levels as necessary.
b. In unionized organizations, agreements specify age as the sole decision criterion in layoff and
recall situations.

c. If the workforce is increased after a layoff, laid-off employees are to be recalled according to
past performance levels for appropriate jobs.
d. In cases involving temporary or emergency layoffs, management is often given more
flexibility in selecting employees than in indefinite layoffs.
Ans. d
5. William has been working at H&S for the past 12 years. When some family trouble arose,
William wanted to work in the afternoon shift for a month rather than his usual morning
shift. The work performed in the afternoon shift was exactly the same as that in the morning
shift and William had all the skills required to perform the job. One of his colleagues, Jack,
who worked on the afternoon shift, was willing to swap shifts with William for a month but
the supervisor did not allow William to change his shift. William reported the grievance to
the union and it could not be resolved even after a long discussion with the management.
Which of the following steps is most likely to be taken by the union as the final step in the
grievance handling procedure?
a. Announce a strike.
b. Report the matter to the NLRB.
c. File a complaint against the employer in the court.
d. Request an arbitrator to resolve the grievance.
Ans. d
6. Peter wants to buy a second-hand car and is in the process of negotiating the price of the car
with the seller. The only issue discussed during the negotiation is price. This is an
example of ________ bargaining.
a. distributive
b. collaborative
c. associative
d. integrative
Ans. c
7. Which of the following is an example of a BATNA of a union negotiating with management?
a. the loss of all management and union jobs
b. the staging of a successful strike
c. the permanent closure of a facility
d. hiring contract workers to replace existing workers
Ans. b
8. Which of the following is an inappropriate and unethical bargaining tactic?

a. promising benefits with no ability to deliver
b. hiding the real bottom line from the opponents
c. making an unrealistically high opening demand
d. gaining information about opponents from outside contacts
Ans. d
9. Which of the following statements is true of integrative bargaining?
a. Integrative bargaining is a “zero-sum” process.
b. In the case of integrative bargaining, resources are viewed as fixed and limited, and each side
wants to maximize its share.
c. Integrative bargaining involves creating innovative solutions that meet some interests of
both parties.
d. Integrative bargaining is also referred to in general as “win/lose” bargaining.
Ans. c
10. Which of the following is TRUE of strikes?
a. A strike may only be called when there is a genuine inability to reach an agreement.
b. All employees, both in the public as well as private sector, have the right to strike.
c. The right to strike is expressly provided by the National Labor Relations Act.
d. All public sector employees are banned from striking.
Ans. b

Part C – Short Answer
1. Why has management’s right to subcontract work been the subject of many grievances?
Ans. As per members of union the clause of recognition in a labor agreement is the agent of
bargaining which means that the employer cannot remove work from their subordinates or the
employees by subcontracting. According to the management, the clause of recognition has a sole
purpose of describing their employees. According to the management, the clause of recognition has a
sole purpose of describing their employees. Also management thinks that they can explore the
measures related to efficiency of the employees including subcontracting. Issues in subcontracting
under private sector and privatization under public sector, both of them involve the possibility of laying
of their working employees.
2. Discuss how disciplinary procedures, in conjunction with just cause, affect the labor–
management relationship.
Ans. The disciplinary measures are one of the most important feature of the labor and management
relationship. According to an organization, the ability of workers and their right to restrain them is for
maintaining a workforce which is doing work efficiently, effectively and is productive. So, in order to
have a positive relationship it is important for all members to believe that these measures of discipline
will be administered without any bias. All the organizations on regular intervals will have to keep a check
on these measures.

Part D – Essay
As the Right to strike is not an absolute right but it is derived from the fundamental right that is
Right to form unions therefore the strike by the employees was not legal. As ever fundamental
right is subject to one or more reasonable restrictions, the same happens in the case of formation
of trade unions to go on strike and therefore some reasonable restrictions can be imposed on
them.
The arguments which these 10 strike replacements can make are that they cannot be
removed easily without receiving any notice or otherwise some fair compensation and they were
not given any job security. Their terminations were not legal as the basic rule of giving a
notice to employees containing the reason for their termination and the notice period was not
followed. Even why only those 10 employees were terminated is also not clear, a clear reason
should have been given to them if not announced in front of everybody. The union might not
represent the 10 strike replacements as they were not part of the union earlier and the main
reason could be that their appointment was not in accordance to the legal framework. The
grievances were permitted to an extent and not fully as all the strike replacements were not
terminated therefore the earlier employees could not apply for the same number of vacancies and
some of them had to lose their jobs at that point of time. Ironsteel’s argument in rebuttal was
that they could hire the earlier employees only when the strike replacements would leave as their
places have been taken by strike replacers only and until that time no new hire could be
displaced by the return of strikers.
The arguments that the Union will make on behalf of the 12 highest paid strikers could be that
they were not given a notice prior to that and a notice period was also not given to them. Their
terminations on the basis of the reason given by Ironsteel could be legal as a company can get
rid of such employees because of funds crunch being faced by it.