lass Member Discussion Topic Responses

Grading Criteria

You are required to respond with depth, breadth and insight to the discussion question(s) as well as one of your class members. Your response to the discussion question(s) must be tied back to the chapter material and outside research is expected. When I ask you to support your answer, you are expected to combine opinion with, minimum 2, citations, insight from your experiences, observations of others experiences, analysis of the facts/information and a conclusion. PLEASE do not limit your citations to just the book! Find other supporting material outside of the class structure.  You are also required to answer the question posed by the instructor and class members’. (Please note: The guidance outlined above will contribute to you “meeting the expectations” for the discussion. Additional participation will contribute to a grade that will “exceed the expectations” for the discussion

The combined original reply and two responses are worth up to 20 points per student. The criteria used to determine the point distribution will be:

Original Reply: 10 points
Initiated Peer Reply (2): 8 points 
Uses of sources: 2 points

Cite examples, textbook material, or your own supporting material to back up your opinion.

Action: Read the below peer discussion board posts and provide your classmate with feedback on your opinion of their position. Do you agree and why? Do you disagree and why? Replies to your class members’ are intended to move the discussion forward. Telling them that they simply did a good job is not acceptable. Statements like “I feel”, “I believe” and/or “I think” are difficult to measure and, highly, subjective. Asking a question or two about the position they took will move the discussion forward. Replies are 200 word minimum

Peer Reply #1

Case Study 6-1: Surface Bargaining

by Shannon Cathey – Thursday, October 24, 2019, 8:13 PM

 

“Good faith bargaining requires that the parties to a contract (such as collective bargaining agreement) regularly meet and discuss with a willingness to reach an accord on proposed new contract terms.  It does not necessarily mean that any party is required to make a concession or agree to any proposal.   (Business Dictionary (nd)  Retrieved from http://www.businessdictionary.com/definition/good-faith-bargaining.html 10/23/19.  By the definition of Good Faith Bargaining, it would appear that the company is bargaining in good faith.   However, the company was not acting on any intention to negotiate with the union.  The company did not propose any issue for the union to bargain on.  The company wanted all control.

The 8 proposals the company presented, did not leave the union or the employees with any negotiating authority.  The company and union held eighteen bargaining sessions over an 11-month period, which did not result in a contract.  The reason for this is, the  company wants control over main issues that unions were originally created for.  These issues are job security, wages & benefits, working conditions, , fair supervision and collective voice.

The company created a situation that didn’t allow for employees to have any input. Two of the proposals that stuck out to me, were the zipper clause and the no -strike clause.  The purpose of a zipper clause in a collective bargaining agreement is to prevent either side from bringing up issues and asking to bargain them once the contract has been signed.  This protects both sides from being constantly bombarded with demands to bargain over various topics. https://www.enotes.com/homework-help/what-purpose-zipper-clause-collective-bargaining-384690

Striking is a way a large group of employees can fight back if they feel they are being treated unfairly.  It gets the employer’s attention and cannot be over looked. The no-strike clause prohibits the employees to voice their concerns.  Strikes are a last attempt to be heard  after all other attempts have failed. A no-strike clause is a provision in a collective bargaining contract in which the union promises that during the life of the contract the employees will not engage in strike. https://definitions.uslegal.com/n/no-strike-clause/

Some of the key roles of unions include being able to resolve work place issues by being a voice for employees.  The company was trying to quiet that voice.    I feel that the company had no intention of working justly with its employees and wanted all control.  By law the company was  bargaining in good faith, just not going about it the right way.

 

Reply #2

Case Study 6-1: Surface Bargaining

by Timothy Zimmer – Thursday, October 24, 2019, 6:59 PM

 

In this case, I would say that the company was bargaining in good faith. I believe this because there were a number of agreements reached regarding numbers, rights and duties of union stewards, leaves of absence and other items (Carrell 2014). It is my belief that is they were not bargaining in good faith no agreements would have been reached.

According to the NLRB, a company may, “Bargain hard, provided you seek in good faith to reach an agreement” (NLRB, n.d). Given the details of the case, it seems as though the company is simply bargaining hard. Negotiations are difficult and each side will generally try to achieve an outcome that favors them more than their counterparts. I can respect and understand why the company did not want to agree to all of the unions requests because they don’t want the union to have the upper hand. On the flip-side of that, I can understand why the union would make the claim that the company was not bargaining in good faith. The company had rejected what I would consider to be the major components of a new collective bargaining agreement. As a union representative I would be frustrated that no agreement had been reached after 11 months of work.

Looking at this from a big picture standpoint, both sides are probably to blame for the new CBA not being reached. The union will always want more and the company will always want to give less. I think coming to mutually beneficial terms is difficult, but 18 meeting and 11 months is probably enough time to get something together. Still, I don’t believe anything was done not in good faith.

Class Member Discussion Topic Responses

Grading Criteria

You are required to respond with depth, breadth and insight to the discussion question(s) as well as

one of your class

members. Your response to the discussion question(s) must be tied

back to the chapter material and outside research is

expected. When I ask you to support your answer, you are expected to combine opinion with, minimum 2, citations, insight

from your experiences, observations of others experiences, analysis of the facts/

information and a conclusion.

PLEASE do

not limit your citations to just the book!

Find other supporting material outside of the class structure.

You are also

required to answer the question posed by the instructor and class members’. (Please note: The gu

idance outlined above will

contribute to you “meeting the expectations” for the discussion. Additional participation will contribute to a grade that wil

l

“exceed the expectations” for the discussion

The combined original reply and two responses are worth

up to

20 points per student. The criteria used to

determine the point distribution will be:

Original Reply:

10

points

Initiated Peer

Reply (2):

8

points

Uses of sources:

2 points

Cite examples, textbook material, or your own supporting material to bac

k up your opinion.

Action:

Read the below peer discussion board posts and provide your classmate with feedback on your opinion of their

position. Do you agree and why? Do you disagree and why?

Replies

to your class members’ are intended to move the

discussion forward. Telling them

that they simply did a good job is not acceptable. Statements like “I feel”, “I believe” and/or “I

think” are difficult to measure and, highly, subjective. Asking a question or two about the position they took will move the

discussion forward

.

Replies are

200 word minimum

Peer Reply #1

Case Study 6

1: Surface Bargaining

by

Shannon Cathey

Thursday, October 24, 2019, 8:13 PM

“Good faith bargaining requires that the parties to a contract (such as collective bargaining agreement) regularly mee

t

and discuss with a willingness to reach an accord on proposed new contract terms.

It does not necessarily mean that

any party is required to make a concession or agree to any proposal.

(Business Dictionary (nd)

Retrieved

from

http://www.businessdictionary.com/definition/good

faith

bargaining.html

10/23/19.

By the definition of Good

Faith Bargaining, it would appear that the company is bargaining in good faith.

However, the company was not acting

on any intention to negotiate with the union.

The company did not propose any issue for the union to

bargain on.

The

company wanted all control.

The 8 proposals the company presented, did not leave the union or the employees with any negotiating authority.

The

company and union held eighteen bargaining sessions over an 11

month period, which did not re

sult in a contract.

The

reason for this is, the

company wants control over main issues that unions were originally created for.

These issues are

job security, wages & benefits, working conditions, , fair supervision and collective voice.

The company cre

ated a situation that didn’t allow for employees to have any input. Two of the proposals that stuck out

to me, were the zipper clause and the no

strike clause.

The purpose of a zipper clause in a collective bargaining

agreement is to prevent either side

from bringing up issues and asking to bargain them once the contract has been

signed.

This protects both sides from being constantly bombarded with demands to bargain over various

topics.

https://www.enotes.com/homework

help/what

purpose

zipper

clause

collective

bargaining

384690

Class Member Discussion Topic Responses

Grading Criteria

You are required to respond with depth, breadth and insight to the discussion question(s) as well as one of your class

members. Your response to the discussion question(s) must be tied back to the chapter material and outside research is

expected. When I ask you to support your answer, you are expected to combine opinion with, minimum 2, citations, insight

from your experiences, observations of others experiences, analysis of the facts/information and a conclusion. PLEASE do

not limit your citations to just the book! Find other supporting material outside of the class structure. You are also

required to answer the question posed by the instructor and class members’. (Please note: The guidance outlined above will

contribute to you “meeting the expectations” for the discussion. Additional participation will contribute to a grade that will

“exceed the expectations” for the discussion

The combined original reply and two responses are worth up to 20 points per student. The criteria used to

determine the point distribution will be:

Original Reply: 10 points

Initiated Peer Reply (2): 8 points

Uses of sources: 2 points

Cite examples, textbook material, or your own supporting material to back up your opinion.

Action: Read the below peer discussion board posts and provide your classmate with feedback on your opinion of their

position. Do you agree and why? Do you disagree and why? Replies to your class members’ are intended to move the

discussion forward. Telling them that they simply did a good job is not acceptable. Statements like “I feel”, “I believe” and/or “I

think” are difficult to measure and, highly, subjective. Asking a question or two about the position they took will move the

discussion forward. Replies are 200 word minimum

Peer Reply #1

Case Study 6-1: Surface Bargaining

by Shannon Cathey – Thursday, October 24, 2019, 8:13 PM

“Good faith bargaining requires that the parties to a contract (such as collective bargaining agreement) regularly meet

and discuss with a willingness to reach an accord on proposed new contract terms. It does not necessarily mean that

any party is required to make a concession or agree to any proposal. (Business Dictionary (nd) Retrieved

from http://www.businessdictionary.com/definition/good-faith-bargaining.html 10/23/19. By the definition of Good

Faith Bargaining, it would appear that the company is bargaining in good faith. However, the company was not acting

on any intention to negotiate with the union. The company did not propose any issue for the union to bargain on. The

company wanted all control.

The 8 proposals the company presented, did not leave the union or the employees with any negotiating authority. The

company and union held eighteen bargaining sessions over an 11-month period, which did not result in a contract. The

reason for this is, the company wants control over main issues that unions were originally created for. These issues are

job security, wages & benefits, working conditions, , fair supervision and collective voice.

The company created a situation that didn’t allow for employees to have any input. Two of the proposals that stuck out

to me, were the zipper clause and the no -strike clause. The purpose of a zipper clause in a collective bargaining

agreement is to prevent either side from bringing up issues and asking to bargain them once the contract has been

signed. This protects both sides from being constantly bombarded with demands to bargain over various


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