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512 PART 5 EMPLOYEE RELATIONS TABLE 15-1 Bargaining Items Mandatory Permissible Illegal Rates of pay Wages Hours of employment Overtime pay Shift differentials Holidays Vacations Severance pay Pensions Insurance benefits Profit-sharing plans Christmas bonuses Company housing, meals, and discounts Employee security Job performance Union security Management union relationship Drug testing of employees Indemnity bonds Management rights as to union affairs Pension benefits of retired employees Scope of the bargaining unit Including supervisors in the contract Additional parties to the contract such as the international union Use of union label Settlement of unfair labor charges Prices in cafeteria Continuance of past contract Membership of bargaining team Employment of strikebreaker Closed shop Separation of employees based on race Discriminatory treatment Source: Carrell, Michael R.; Heavrin, Christina, Labor Relations And Collective Bargaining: Cases, Practices, And Law, 6th Edition, © 2001. Reprinted by permission of Pearson Education, Incl, Upper Saddle River, NJ. 7. Respect the importance of face saving for the other party. 8. Be alert to the real intentions of the other party not only for goals, but also for priorities. 9. Be a good listener. 10. Build a reputation for being fair but firm. 11. Learn to control your emotions and use them as a tool. 12. As you make each bargaining move, be sure you know its relationship to all other moves. 13. Measure each move against your objectives. 14. Remember that collective bargaining is a compromise process. There is no such thing as having all the pie. 15. Try to understand the people and their personalities. 54 16. Remember that excessive bargainer transparency and openness can backfire. 55 Impasses, Mediation, and Strikes In collective bargaining, an impasse occurs when the parties are not able to move further toward settlement. An impasse usually occurs because one party is demanding more than the other will offer. Sometimes an impasse can be resolved through a third party a disinterested person such as a mediator or arbitrator. If the impasse is not resolved in this way, the union may call a work stoppage, or strike, to put pressure on management. 56 THIRD-PARTY INVOLVEMENT Negotiators use three types of third-party interventions to overcome an impasse: mediation, fact finding, and arbitration. With mediation, a neutral third party tries to assist the principals in reaching agreement.
CHAPTER 15 LABOR RELATIONS AND COLLECTIVE BARGAINING 513 The mediator usually holds meetings with each party to determine where each stands regarding its position, and then uses this information to find common ground for further bargaining. The mediator is always a go-between, without authority to dictate terms or make concessions. He or she communicates assessments of the likelihood of a strike, the possible settlement packages available, and the like. In certain situations, as in a national emergency dispute, a fact finder may be appointed. A fact finder is a neutral party who studies the issues in a dispute and makes a public recommendation for a reasonable settlement. 57 Presidential emergency fact-finding boards have successfully resolved impasses in certain critical transportation disputes. Arbitration is the most definitive type of third-party intervention, because the arbitrator often has the power to determine and dictate the settlement terms. With binding arbitration, both parties are committed to accepting the arbitrator s award. With nonbinding arbitration, they are not. Arbitration may also be voluntary or compulsory (in other words, imposed by a government agency). In the United States, voluntary binding arbitration is the most prevalent. There are two main topics of arbitration. Interest arbitration centers on working out a labor agreement; the parties use it when such agreements do not yet exist or when one or both parties are seeking to change the agreement. Rights arbitration really means contract interpretation arbitration. It usually involves interpreting existing contract terms, for instance, when an employee questions the employer s right to have taken some disciplinary action. 58 SOURCES OF THIRD-PARTY ASSISTANCE Various public and professional agencies make arbitrators and mediators available. For example, the American Arbitration Association (AAA) represents and provides the services of thousands of arbitrators and mediators to employers and unions. The U.S. government s Federal Mediation and Conciliation Service provides both arbitrators and mediators (see Figure 15-5). 59 In addition, most states provide arbitrator and mediation services. STRIKES A strike is a withdrawal of labor. There are four main types of strikes. An economic strike results from a failure to agree on the terms of a contract. Unions call unfair labor practice strikes to protest illegal conduct by the employer. A wildcat strike is an unauthorized strike occurring during the term of a contract. A sympathy strike occurs when one union strikes in support of the strike of another union. 60 For example, in sympathy with South Korean Hyundai workers, the United Auto Workers organized a rally outside of Hyundai s technical center in Superior Township, Michigan and took steps to hold other rallies. 61 The likelihood of and severity of a strike depends partly on the parties willingness to take a strike. 62 For instance, a number of years ago major-league baseball owners impasse Collective bargaining situation that occurs when the parties are not able to move further toward settlement, usually because one party is demanding more than the other will offer. mediation Intervention in which a neutral third party tries to assist the principals in reaching agreement. fact finder A neutral party who studies the issues in a dispute and makes a public recommendation for a reasonable settlement. arbitration The most definitive type of third-party intervention, in which the arbitrator usually has the power to determine and dictate the settlement terms. interest arbitration Arbitration enacted when labor agreements do not yet exist or when one or both parties are seeking to change the agreement. rights arbitration Arbitration that interprets existing contract terms, for instance, when an employee questions the employer s right to have taken some disciplinary action. strike A withdrawal of labor. economic strike A strike that results from a failure to agree on the terms of a contract that involve wages, benefits, and other conditions of employment. unfair labor practice strike A strike aimed at protesting illegal conduct by the employer. wildcat strike An unauthorized strike occurring during the term of a contract. sympathy strike A strike that takes place when one union strikes in support of the strike of another.
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HUMAN THIRTEENTH EDITION RESOURCE M
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DEDICATED TO SAMANTHA AND TAYLOR
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C O N T E N T S Preface xxiii Ackno
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CONTENTS IX Departmental Managers S
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CONTENTS XI Recruiting Source Use a
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CONTENTS XIII PART THREE TRAINING A
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CONTENTS XV Talent Management and E
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CONTENTS XVII INCENTIVES FOR SALESP
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CONTENTS XIX HR AS A PROFIT CENTER:
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CONTENTS XXI INDIVIDUAL AND GROUP A
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P R E F A C E Human Resource Manage
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PREFACE XXV This edition again cont
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A C K N O W L E D G M E N T S Every
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LEARNING OBJECTIVES 1. Explain what
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CHAPTER 1 INTRODUCTION TO HUMAN RES
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LEARNING OBJECTIVES 1. Explain the
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CHAPTER 2 EQUAL OPPORTUNITY AND THE
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LEARNING OBJECTIVES 1. Explain why
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CHAPTER 3 HUMAN RESOURCE MANAGEMENT
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CHAPTER 4 JOB ANALYSIS AND THE TALE
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LEARNING OBJECTIVES 1. List the ste
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CHAPTER 5 PERSONNEL PLANNING AND RE
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CHAPTER 6 EMPLOYEE TESTING AND SELE
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CHAPTER 7 INTERVIEWING CANDIDATES 2
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CHAPTER 8 TRAINING AND DEVELOPING E
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LEARNING OBJECTIVES 1. Explain how
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CHAPTER 12 PAY FOR PERFORMANCE AND
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LEARNING OBJECTIVES 1. Name and def
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CHAPTER 13 BENEFITS AND SERVICES 42
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CHAPTER 16 EMPLOYEE SAFETY AND HEAL
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LEARNING OBJECTIVES 1. List the HR
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CHAPTER 17 MANAGING GLOBAL HUMAN RE
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CHAPTER 18 MANAGING HUMAN RESOURCES
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A P P E N D I X A PHR and SPHR know
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APPENDIX A 635 08 Identify internal
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A P P E N D I X B Comprehensive Cas
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APPENDIX B 653 The Baker panel look
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G L O S S A R Y action learning A t
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GLOSSARY 657 electronic performance
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GLOSSARY 661 role playing A trainin
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N A M E / O R G A N I Z A T I O N I
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NAME/ORGANIZATION INDEX 665 Carlson
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NAME/ORGANIZATION INDEX 667 F Faceb
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NAME/ORGANIZATION INDEX 669 456n129
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NAME/ORGANIZATION INDEX 671 London,
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NAME/ORGANIZATION INDEX 673 Patters
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NAME/ORGANIZATION INDEX 675 387n24,
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NAME/ORGANIZATION INDEX 677 Wolkins
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SUBJECT INDEX 679 Web sites, 442 Se
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SUBJECT INDEX 685 J Job aid, 258 Jo
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SUBJECT INDEX 687 virtual job fairs
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