HRM 4570 ILR Homework 2

The four options for third Party Dispute Resolution

Process of mediation

1. ______________________ in which the mediator collects information and establishes ground rules

2. _______________________ wherein the mediator works on clarifying the disputed issues and on developing alternative solutions

3. The focus of the mediator is ______________________________

Interest Arbitration

The two primary forms of interest arbitration are:

1. _______________ arbitration

· The arbitrator is _____ constrained in deciding the settlement terms

___________ effect of arbitration: The ____________of the arbitrator’s choice and the loss of control by the negotiators over the settlement terms ___________ negotiators to reach their own negotiated agreement ____________ resorting to arbitration

2. Final offer arbitration

· Created such that the arbitrator _________________ between the union’s final offer and the employer’s final offer

· Final offer arbitration has two variations

1. _______________final offer arbitration, in which the arbitrator must select one party’s final offer on all the disputed contract terms; and

2. _______________ final offer arbitration, in which the arbitrator can choose either party’s final offer on an issue-by-issue basis.

___________ effect of arbitration: Negotiators might become addicted to or over _________on arbitration

Fact-Finding

Third-party dispute resolution method

· A neutral third party called the fact finder investigates a bargaining impasse and issues a ___________ recommendations for settlement

· It does ______ guarantee a resolution

· It does ______ assist the negotiators

Chapter 8 Impasse, Strikes, and Dispute Resolution

Dispute Resolution Quiz

1. Third-party dispute resolution mechanisms use ____________________ to settle bargaining impasses with the goal of avoiding costly strikes.  A. a neutral third-party B. decertification elections C. boycotts D. a local county judge

2. Which of the following is not a typical stage of mediation?  A. Setting ground rules and building trust between parties B. Clarifying disputed issues and developing some alternative solutions C. Determining whether any unfair labor practices were committed during negotiations D. Working with negotiators to identify a mutually acceptable agreement

3. A dispute resolution process in which a neutral third party examines the final offers of each party and then chooses the one that seems, overall, to be the most reasonable and responsible settlement.

A. Conventional arbitration 

B. Whole package arbitration 

C. Mediation 

D. Fact-finding 

E. Issue-by-issue final offer arbitration

4. In _______________________ arbitration, the arbitrator is not constrained to choose either the management or union's offer(s); rather she can make up whatever final contract terms she deems appropriate and fair.

A. Conventional

B. Issue-by-issue final offer

C. Whole package final offer

D. Mediation

5. The tendency for management and labor to rely on an arbitrator to make decisions for them, rather than come to an agreement themselves, is known as:

A. The chilling effect.

B. The narcotic effect.

C. The dependency effect.

D. The arbitrator authority effect.

6. dispute resolution process in which a neutral third party assists the parties in reaching a mutually-acceptable resolution.

A. Conventional arbitration 

B. Whole package arbitration 

C. Mediation 

D. Fact-finding 

E. Issue-by-issue, final offer arbitration 

7. A dispute resolution process in which a neutral third party examines the final offers of each party and then designs a contract by choosing either the union or management's offer on each issue.

A. Conventional arbitration 

B. Whole package arbitration 

C. Mediation 

D. Fact-finding 

E. Issue-by-issue final offer arbitration

8. A dispute resolution process in which a neutral third party examines the final offers of each party and then creates a new contract which may or may not reflect the parties' positions on each issue.

A. Conventional arbitration 

B. Whole package arbitration 

C. Mediation 

D. Fact-finding 

E. Issue-by-issue final offer arbitration

9. A dispute resolution process in which a neutral third party investigates the claims and positions of each party and provides a public assessment of the situation.

A. Conventional arbitration 

B. Whole package arbitration 

C. Mediation 

D. Fact-finding 

E. Issue-by-issue final offer arbitration

10. The tendency of labor and management to take extreme positions in their final offers in the hopes that an arbitrator will "split the difference" between offers is known as the:

A. The chilling effect.

B. The narcotic effect.

C. The dependency effect.

D. The arbitrator authority effect.

HRM 4570 ILR Lecture Notes

Chapter 9 Contract Clauses and Their Administration

The Major Components of Traditional U.S. Union Contract

__________________________________: Interpreting, applying, and resolving conflicts regarding collective bargaining agreements

Grievance Procedure

1. Employees, the union, and management meet to _____________disputes over the ______________and _____________ of the contract.

2. Typically a ______________ procedure in which unresolved grievances are _____________to higher levels in the organization.

3. The final step is frequently _______________________________.

Just cause discipline or discharge

There must be _______________________ reasons for being disciplined or fired

Chapter 11 Globalization

Table 11.2 - Globalization: The Good, the Bad, and the Unequal

________ trade: Removal of all trade barriers

________ trade: Incorporation of labor, environmental, public health, and other standards into trade agreements

________________________________________(ILO): A specialized agency of the United Nations focused on promoting social justice and internationally recognized human and labor rights

The ILO's unique _________ structure consists of each country sending representatives of

1. _______________

2. _______________

3. _______________

ILO Fundamental Conventions

1. freedom of _______________ and the effective recognition of the right to _____________________;

2. the elimination of all forms of forced or compulsory labor;

3. the effective abolition of child labor;

4. and the elimination of discrimination in respect of employment and occupation. 

____________________________________ are legal instruments drawn up by the ILO's constituents (governments, employers and workers) and setting out basic principles and rights at work.

They are either _____________, which are legally binding international treaties that may be ratified by member states, or ________________, which serve as non-binding guidelines.

Conventions and Protocols ____________________by United States

· C087 - Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) – not ratified

· C098 - Right to Organize and Collective Bargaining Convention, 1949 (No. 98) – not ratified

Corporate Codes of _______________: Written statements of standards that a company pledges to follow in its business activities

Do Corporate Codes of Conduct Work?

· Can be effective in some sectors

· International ________ production chains

· ______________ industries

· Adequate community-level capacity –non-governmental organizations

· _____________ presence

· Less effective where,

· No __________ pressure, no government pressure

· No __________

· No __________ pressure

North American _______________ Agreement (NAFTA) – Free trade agreement among the United States, _______________ and _______________.

North American Agreement on _____________Cooperation (NAALC)

· Freedom of _____________ and the right to ____________

· The right to bargain _____________.

· The right to ____________ standards for wages and _______ working conditions

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