Updated 5/8/2017 8:00 a.m. Management 738 Principles of Labor-Management Relations Summer, 2017 – Without Names

Instructor: William Ross, Ph.D. Office Hours: Monday-Thurs: 11:55 – 12:20 p.m. in Room 3315, Centennial Hall Phone: 785-8450 (if I'm in a meeting, you can leave a short message) E-Mail: [email protected] Webpage: http://websites.uwlax.edu/wross/courses_i_teach.htm (some info at the MGT 738 link…) D2L Page: http://www.uwlax.edu/d2l/ (LOTS of course-related info here…) Your login is the same as the part of your UW-L e-mail address to the left of the “@” (e.g., if I were a student my login would be “ross.will”). Your password is your Student ID number (unless you changed it in a previous class).

Class Times: 5:00 p.m. - 8:45 p.m. Mondays, Tuesdays, & Thursdays in 1403 Centennial Hall

Objectives: 1. To explore selected issues in collective bargaining and industrial relations. These topics will be examined from both researchers' and practitioners' viewpoints. 2. To prepare you for additional graduate studies in labor & employment relations (e.g., law school, Ph.D. programs) should you choose to pursue those options. 3. To help you become an informed manager and an informed citizen.

Text: 1. Carrell, M. R. & Heavrin, C. (2013). Labor Relations and Collective Bargaining: Cases, Practice, and Law, tenth edition. Upper Saddle River, NJ: Prentice-Hall. This is the most recent edition available. You might also visit the book’s website: http://wps.prenhall.com/bp_carrell_lr_10/ (10th edition) if you want to take practice multiple-choice type quizzes based on the textbook. However, please note that course exams will not be multiple-choice; they will be essay. 2. Packet of union-management cases. Distributed in class or linked via D2L. 3. Packet of readings. Either distributed in class or via links in D2L or Murphy Library links in the online version of this syllabus.

Disclaimer: Information in this syllabus is accurate, to the best of the instructor’s knowledge, as of the date that it was written. If circumstances change, then the instructor may change the content of the syllabus. This rarely happens; I usually “stick to the plan” closely.

1 Policies: A Respectful Learning Environment, Academic Honesty, and Avoiding Plagiarism UW-L and the College of Business Administration operate under an academic integrity system whereby it is assumed that students understand the rules and agree to abide by them. First, we can all strive to maintain an environment in which everyone is free to learn. Behavior that is disruptive, belittling of others, and/or hinders student learning is unacceptable. In this course we may engage in a bit of role-play of negotiation and conflict; even in these activities you should strive to maintain a professional demeanor. Second, Academic dishonesty is unacceptable. There are penalties for disruptive behavior and for academic dishonesty. Cheating on exams and plagiarism are the most obvious forms of academic dishonesty. *Cheating includes giving or receiving unauthorized assistance in an academic exercise or receiving credit for work that is not your own. Cell phones, tablets, and laptop computers are not allowed in examinations. *The Council of Writing Program Administrators has defined plagiarism “as taking credit for someone else’s language, ideas, or other original (not common-knowledge) material without acknowledging its source.” This definition is extended to printed, digital and internet materials, manuscripts, and other works. Plagiarism has been equated with lying and stealing. Plagiarism can take the form of direct plagiarism, paraphrase plagiarism, or patchwork plagiarism. Patchwork plagiarism has been defined as copying from a source text and then deleting some words, altering grammatical structures, and representing the work as your own without acknowledging the source. Some good advice for avoiding plagiarism is: Cite your sources and put quotations in quotation marks (“”), giving the page number from which the quote came. *Lastly, any actions intended to subvert the grading process are also included under the academic dishonesty heading. This includes misrepresenting your own work, misrepresenting your presence and/or attendance in class or assisting someone else to do so. Incidents of academic dishonesty or class disruption will be reported to the CBA Dean’s office and acted upon. The consequences for academic dishonesty can include a failing grade on a paper or test, a failing grade in the course, or even a possible suspension/expulsion from the institution. For more information and the formal policy, see: http://docs.legis.wisconsin.gov/code/admin_code/uws/14.pdf For additional policies (e.g., Disability Resources, Veterans Resources), see the online UW-L Student Handbook (https://www.uwlax.edu/student-life/student-resources/student-handbook/ ).

2 Course Requirements (or, as the lawyers say, “Essential Functions”): 1. Preparation. All students are expected to read the assigned material prior to the class meeting and to actively participate in class discussion. This includes asking reasonable questions of those who present cases (asking questions figures into your presentation grade).

2. Examinations. There will be four one-hour examinations – approximately one each week. The final exam will not be cumulative. Examinations will consist of essay/discussion/short answer questions. Because of time constraints, you should know the material thoroughly prior to the exam so that you can answer each question and complete the test within the time period allocated for one class. Each exam is 20% of your course grade.

3. Case Presentation. Each student will be assigned to one of two roles (union or management) and asked to present two cases – one NLRB case and one grievance arbitration case. (The two presentations constitute 20% of your grade total). This assignment will consist of the following for each case:

First, you must research your case by finding and reading similar cases. (If you find your own case while doing research, don’t reveal who “won” in your presentation!) Precedent cases may be found at the university library or on the Internet. Research is very important; you cannot simply rely on the information in the case as the total of your presentation.

What should you look for when researching your case? The short answer is: "similar cases that your side won!" After all, your goal is to persuade the class that your side is right and one powerful type of evidence consists of precedent cases that your side won. (Note: While some grievance arbitrators are dismissive of cases involving other companies and their unions, in this class, similar precedent decisions are relevant, even if they involve other unions and businesses.) You must mention at least one precedent case in your presentation if you want full credit on this assignment.

How do you research a case? Here are some methods; they vary slightly based on the type of case: (1) Using the Internet for an NLRB labor law case: a. Read your case. What topics are covered? b. If the case involves the Labor-Management Relations Act (LMRA), then you will need to consider how this labor law relates to the case. Read the parts of the LMRA that are cited in the case and think about how they relate to the case. The LMRA is found online at: http://legisworks.org/congress/80/publaw-101.pdf and on D2L. Helpful commentaries on the law may also be available if you search. c. Go to www.nlrb.gov and “hover the mouse” over “cases and decisions.” d. A drop-down menu will appear. Click on “Search Cases” e. As you search for other cases that deal with similar issues as yours, what search terms will you use in this database? [Hint: don’t search too broadly (e.g., “union organizing” returns approximately 9,000 decisions).] Type in your search term(s). You can limit the parameters of your search to certain types of documents but I have found that searching “All” will be probably generate relevant results. f. You will see a list of cases. If you click on the case number, you will see a list of relevant case documents. Typically, a case is first heard by an Administrative Law Judge (ALJ) and is then appealed to the National Labor Relations Board. Sometimes the NLRB tells the ALJ to reconsider the case; sometimes that second ALJ decision gets appealed to the NLRB. Occasionally, NLRB decisions are appealed to a federal Court of Appeals, and in rare cases, they go to the U.S. Supreme Court. So you might find multiple documents listed with one case. Typically there are just two: The ALJ decision and the Board decision. Click on the ALJ decision to learn details about the facts of the case, as those are

3 not all repeated in the Board decision. Does the case seem appropriate? Did your side win? You can search Supreme Court decisions at https://www.supremecourt.gov/opinions/opinions.aspx and both Supreme Court and appeals court decisions at in the Murphy Library Lexis- Nexus database (http://libguides.uwlax.edu/az.php) . g. Often NLRB cases involve multiple issues (e.g., a union throws a lot of charges against a company hoping that “something sticks.” To easily find the relevant parts of your case at www.nlrb.gov, if you click on the case, a .pdf file will open. Pressing “Ctrl F” (pressing the “F” key while holding down the “Control” button) allows you to “find” a specific word within the document. This will help you see whether the ALJ or NLRB discussed the topic (vs. it being merely in a tangential footnote) and whether the ruling was in your side’s favor. If your side “won,” then the case might make a good precedent case to mention in your presentation.

(2) Using the Internet for a labor arbitration case: a. Read your case. What topics are covered? b. Go to the Murphy Library website at UW-L, where databases are listed by title: http://libguides.uwlax.edu/az.php c. Select “L” and then the “Lexis-Nexus Academic” database. d. You will see a big red search box. Immediately underneath it is the phrase, “Advanced Options ” Click on the down arrow. e. You will see several fields for limiting your search. One of them is “Source.” In “Source” type the letters “AAA” and wait about five seconds. f. You will see several types of sources listed involving the American Arbitration Association (AAA), a private organization that handles labor cases. From these, select: “AAA Labor Arbitration Awards.” Note that for these cases, the names of the employer and union may be redacted if either party requested anonymity. This database has cases from about 2003 to the present. g. Click the red “Apply” box near the bottom of the screen. h. Now, enter your search term(s) in the search box and press “return” (“enter”). Hint: don’t search too broadly (e.g., “discipline” returns approximately 1,000 decisions). i. Be sure to consider the wording of the contract clause. Is it similar to that of your case?

(3) Other ways to research arbitration cases online: *If you have access to the BNA Labor & Employment Law Library (perhaps you have a friend who attends a university – perhaps with a law school – who can grant you access), you can search NLRB and arbitration cases quickly online.

*The National Academy of Arbitrators is an “elite” group of labor arbitrators who hold an annual conference and publish essays on various arbitration topics in their proceedings. The volumes from 1948-2013 are available, full-text, for free at: http://naarb.org/proceedings/index.asp . These are searchable by keyword or by a drop-down menu. Useful if you are looking for cases on a subject or you want to see the implications of a case – or a particular factor such as “seniority.”

*Elkouri & Elkouri have authored a book, How Arbitration Works; it is often consulted by grievance arbitrators. It offers advice on many topics related to workplace discipline and disputes as well as guidance regarding procedural matters in arbitration. Occasionally, it even cites important precedent cases. While you may not be able to read the cases, you may find some mentioned by name – and you may find useful arguments from Elkouri & Elkouri’s advice. The book has gone through many editions; Murphy Library has a copy.

4 *In the Railroad industry, grievance cases are heard by a National Mediation Board (NMB) panel. (Grievances are sometimes called “minor disputes.” By the NMB). Decisions are found at the National Mediation Board website, http://www.nmb.gov/ . Even though these cases are a matter of public record, they involve the interpretation and application of private contracts between a railroad and one of its unions. Yes, you may use such contract interpretation cases as precedent cases even if your arbitration case is from a different industry. Here’s how to search:

a. From the NMB home page, open the “Arbitration” tab (near the bottom of the page). b. Click on “Arbitration Awards” at the Arbitration page. c. Next, you will see the “NMB Knowledge Store Search Form.” Here you can enter your search term to the right of “Keywords” (e.g., “sleeping” if the case involves an employee sleeping on the job). d. A list of cases will appear. A sentence in which the word appears will also be included, (e.g., “At this point, Supervisor Kelley shined his flashlight in his face and confirmed he was in a sleeping position and not responding to the light.”) e. Click on “File Link” to connect to a .pdf of the text of the case. Use Ctrl-F to search within the document for the specific term. Read the case. Some of them are very short, as these are frequently appeals of decisions by a Hearing Officer to a three-member NMB panel (comprised of one representative from the railroads, one from the RR unions, and one neutral member from the government).

*Some states have public-sector unions with labor agreements. Grievances arising under those agreements can be searched within their websites. Each state has its own laws and rules for handling labor contract interpretation disputes. For example, the State of Washington Office of Financial Management has a searchable list of arbitration cases at: http://www.ofm.wa.gov/labor/arbitration/grievance/decisions.asp.

Wisconsin Employment Relations Commission (WERC) cases are searchable at: http://werc.wi.gov/Decisions/GrievanceAwards.aspx. Click “Search on WERC Site July 1989 on” Minnesota has a list of public-sector grievance arbitration cases, but it is not searchable by Key Word, at: http://mn.gov/admin/bms/arbitration/awards/ so it is hard to find cases on specific topics.

It is important if you look at state public-sector cases to make sure that you are looking at contract interpretation grievances (interpreting an existing contract) and NOT: (1) interest arbitration cases (determining the terms of a NEW contract) or (2) unfair labor practice (ULP) cases based on interpretation of state law (alleged legal violations). Only contract interpretation grievance cases provide suitable precedent cases for your contract interpretation grievance arbitration case.

5 (4) Using the paper Labor Law Reporter (in case you want to go “old school” when you do research): a. Find your assigned case in the textbook or other location (at the appropriate website as indicated in the syllabus). What general topics are points of conflict? b. Read the relevant portion of labor law cited in the case (if any). You can find it here: http://legisworks.org/congress/80/publaw-101.pdf and on D2L. c. Use information from Labor Law Reporter (a binder service in the basement at Murphy Library) as a starting point (Volume 1 is the topical index, guiding you to information found in vols 2-6). These volumes give one-sentence summaries of cases and references where you can find the full text of the cases. These cases are found in other binder services:  (1) CCH NLRB Decisions, (2) Decisions and Orders of the NLRB, (3) Court Decisions Related to the NLRA, and (4) Labor Cases. These are useful for NLRB legal cases;  (1) Labor Arbitration Awards, (2) Labor Arbitration Information System, and (3) Labor Arbitration Cases. These are useful for grievance arbitration cases. Otherwise, just go to a recent volume of the most appropriate-sounding volume of cases and search the topic index. d. Consult the relevant binder service and read the relevant cases. Judiciously select one or two cases that you can easily include in your presentation. You want to briefly mention supporting cases, yet not go into so much detail that the class gets confused as to what facts go with what case. [I once saw a case presentation where one speaker cited a precedent case to support his side; however, the opponent had also researched the same precedent case and demonstrated to the class how the first speaker had failed to reveal several significant facts about how that case differed from the case they were debating!] e. Using ABI-Inform, Lexis-Nexis, or other databases to assist you, consult appropriate journals (e.g., Labor Law Journal, Dispute Resolution Journal, HRMagazine, various law journals) to find other articles that may contain facts that may support your position. Again, the point is not to overwhelm the audience with too much information, but to selectively find and use information to make a key point or to refute your opponent's points. There is no substitute for preparation.

6 Other possible sources that may be relevant for researching cases in Murphy Library: Here's what may be found in the reference compact storage area in the basement of the library:

Publisher: BNA

The United States law week. Bureau of National Affairs (Arlington, Va.); Bloomberg LP. 1933 Available at UW La Crosse Murphy Library Law Books Compact Storage (basement) (K25 .N5 )

Labor arbitration reports. (Abbreviated LA) Bureau of National Affairs (Arlington, Va.) 1946- Available at UW La Crosse Murphy Library Reference Compact (KF3421.3 .L3 )

Labor relations master table of cases. Bureau of National Affairs (Arlington, Va.) 1960- Available at UW La Crosse Murphy Library Reference Compact (KF3308 .L31 )

Labor arbitration and dispute settlement : decisions and recommendations. Bureau of National Affairs (Arlington, Va.) Available at UW La Crosse Murphy Library Reference Compact (KF3421.3 .L31 )

Labor relations cumulative digest and index with table of cases. Bureau of National Affairs (Arlington, Va.) 1946- Available at UW La Crosse Murphy Library Reference Compact (KF3308 .L3 Index )

Directory of U.S. labor organizations. Bureau of National Affairs (Arlington, Va.) 1982- Available at UW La Crosse Murphy Library Reference (HD6504 .D64 2014 )

Labor Relations Reference Manual: Includes the law of labor relations including statutes, opinions of the courts and decisions of (1) the National Labor Relations Board, 1937- and (2) United States National War Labor Board (1942-1945); Bureau of National Affairs (Arlington, Va.) Available at UW La Crosse Murphy Library Reference Compact (KF3308 .L3 ). (often abbreviated LRRM)

Publisher: Commerce Clearing House (CCH)

Federal employment laws: a desk reference / by Amy DelPo and Lisa Guerin.

Historical encyclopedia of American labor / edited by Robert Weir and James P. Hanlan. Available at UW La Crosse Murphy Library Reference (HD8066 .H57 2004 )

NLRB decisions; a reporter of formal decisions of the National Labor Relations Board. Commerce Clearing House. (often abbreviated as NLRB) in Compact shelves (KF3372.A56 C6 ) Labor, employment, and the law : a dictionary / Christopher Thomas Anglim. Available at UW La Crosse Murphy Library Reference (KF3317 .A54 1997 )

Labor Cases: a consolidation of controlling court decisions pertaining to labor law reported from 1937- Commerce Clearing House. 1962- (often abbreviated as LC). Available at UW La Crosse Murphy Library Reference Compact (KF3310 .C6 )

The labor law source book : texts of federal labor laws / Robert M. Schwartz, editor. Available at UW La Crosse Murphy Library Reference (KF3306 2003 )

Labor law reporter: Federal labor relations. Commerce Clearing House. Available at UW La Crosse Murphy Library Reference Compact (KF3365.A7 C6 )

Labor law reporter : State laws. Commerce Clearing House Available at UW La Crosse Murphy Library Reference Compact (KF3321.A6 C6 )

Labor law reporter: wages, hours. Commerce Clearing House. c1977- Available at UW La Crosse Murphy Library Reference Compact (KF3486.5 .C6 )

7 How should you present the case?

First, a Union Representative will summarize the facts of the case for the class (unless the parties agree that someone else should summarize the case). The presenters should distribute a handout summarizing the facts of the case (see below).

Next, the students will present their respective sides of their case (6 mins each, with the union usually presenting first).

Then, each side will have a rebuttal (2-3 minutes).

Class members should then ask union and management representatives questions. Cases are short (3-5 pages). You should read the case prior to class, so that you are prepared to ask questions. Asking questions of the presenters will comprise up to 15% of your grade for this assignment. Thus 85% depends upon your presentation and 15% depends upon your occasionally asking questions of other people who present throughout the semester.

Finally, class members will vote in favor of either the union or the management position; then I will tell the actual case ruling.

Do you like it when people read to you for fifteen minutes straight? Most folks don't--they find it hard to pay attention. So...your grade may be lowered for "excessive reading aloud." If you want to convince someone that your ideas are correct it is usually more persuasive if you can explain them to them, right?

About the Case Handout: In the past, some students have launched into their arguments without first explaining the background of the case--leaving a bewildered class to wonder what the people were arguing about! To overcome this problem, members of the two sides should create a one-page typed handout summarizing the facts of the case and listing the questions under consideration. You may want to include any relevant contract clauses or legal paragraphs (e.g., a section of the Labor-Management Relations Act) that are under consideration. If you have precedent cases that support your side, listing the name and a one-two sentence summary of the case plus the ruling may also be helpful for the class. I’ve seen the two sides jointly create one handout; I’ve also seen the two sides distribute separate handouts; either approach is acceptable.

It is your group's responsibility to insure that the handout is created, typed, xeroxed (at your own expense), and distributed at the beginning of your presentation. [Approximately 28 students pre-registered for this section of the course this semester.] Points will be deducted if there is not a handout. If each side agrees, you may also create (at your own expense) any of the following: posters, overheads, or separate additional handouts listing each side's arguments.

The case presentation is 10% of your course grade, including both (a) your case presentation (8.5%) AND (b) your asking some questions of others who present throughout the semester (1.5%).

4. News Article presentation. Each person is assigned one class period for this assignment: Find a newspaper or magazine article published within the past two years that illustrates a topic from that class period’s material. Take 3 to 5 minutes to briefly and informally explain the article to the class. Be sure to both summarize the article and explain what it illustrates. This will add ‘extra variety’ to our class sessions! Please e-mail me the article (or at least a link to it) by noon the day of your presentation. If you do a good job, you may get a bonus of 1% for your course grade.

8 Grading Policy To summarize, your grade equals (.20 x points from Mid-Term Exam #1) + (.20 x points from Mid-Term Exam #2) + (.20 x points from Mid-Term Exam #3) + (.20 x points from Final Exam) + (.10 x points from NLRB Case Presentation) + (.10 x points from grievance arbitration Case Presentation) ----- 100% (+ up to 1% bonus for your article presentation)

Letter grades for each exam, etc. will be assigned in the following manner: First, I will find the scores of the top 5% of the class (top student if class enrollment < 10).

Second, I will take the average of these top scores plus a perfect score – that is, the best score possible without any bonus points. (At the end of the semester, I will use the sum of these averages as the reference point for calculating course grades).

Third, I will find the following cutoffs: 92% of the average will be the lower cutoff for an "A" 89% of the average will be the lower cutoff for an "AB" 82% of the average will be the lower cutoff for a "B" 79% of the average will be the lower cutoff for a "BC" 70% of the average will be the lower cutoff for a "C" 65% of the average will be the lower cutoff for a "D" Scores lower than 65% will be considered failing ("F").

Also, scores lower than 60% of the total possible points (e.g., 120 out of 200) will be considered failing, regardless of the "curve." So there is an absolute minimum number of points needed to pass the course. This is usually not a concern with MBAs who are all talented and highly motivated to succeed.

Note: There is no rounding upward. The grade you earn is the grade you get.

9 Example: The test had 45 points. The top two scores, out of twenty-eight enrolled (plus a perfect score) were 40, 39, and 45. Kristine made a 39, Bubba made a 33, and Dudly made a 27. What grade did each make?

The mean of the top scores (plus a perfect score) was 41.33. The lower cutoff for an A = (.92 x 41.33) = 38.0 The lower cutoff for an AB =(.89 x 41.33) = 36.8 The lower cutoff for a B = (.82 x 41.33) = 33.9 The lower cutoff for a BC =(.79 x 41.33) = 32.7 The lower cutoff for a C = (.70 x 41.33) = 28.9 The lower cutoff for a D = (.65 x 41.33) = 26.9

-Kristine made an "A" and was thrilled ("I got an A!") -Bubba made an "BC" and was irritated with the UW-L Faculty Senate for imposing such an ambiguous grade on him ("What's this BC stuff? Is it a B or is it a C? I can't deal with this; I'm suing the UW-L administration for mental anguish.") -Dudly made a "D", whereupon he dropped out of college and joined a hippie commune.

Advantages of this grading system: 1. Your score is not compared to any arbitrary number of points. This solves the problem of a test that is too hard for the entire class (e.g., in the above example, Kristine needed to get only 84% (37.6/45) correct to get an "A" and Bubba only needed to get 73% correct to get a "BC"). 2. By including a perfect score in the calculation of the reference average, it insures that an "A" is meaningful and comparable across sections and semesters. The curve fluctuates, but not dramatically. 3. There are no fixed percentages of "A"s, "B"s, etc. It is possible for everyone who works very hard to get an "A."

Reasonable Accommodation: Students with Disabilities: Any student with a documented disability (e.g., physical, sensory, psychological, learning disability), or have been a military service member (with wounded warrior status) who needs to arrange reasonable academic accommodations must contact the ACCESS Center (a.k.a., Disability Resource Services) located at 165 Murphy Library, (608) 785-6900, at the beginning of the semester. Students already using the ACCESS Center should have documentation that verifies that they are qualified students with disabilities on file. In addition to registering with the ACCESS Center, it is the student’s responsibility to discuss their needs and reasonable accommodations (e.g., extra time for exams; in-class note taker) with the instructor in a timely manner, ideally within first two weeks of the semester. Note that all students will still be expected to complete course requirements. Religious Reasons: If you wish to ask for academic accommodations for a religious observance or holy day, please provide your request by the end of the second week of the semester. I will talk with you about acceptable alternative methods for completing any missed classroom time or other requests; then, I will determine what accommodations are appropriate. Note that course work will still need to be completed. Veterans and Active Military Personnel: Veterans and active military personnel with special circumstances (e.g., upcoming deployments, drill requirements, disabilities) are welcome and encouraged to communicate these, in advance if possible, to me. For additional information and assistance, contact the Veterans Services Office (see: http://www.uwlax.edu/veteran-services/ ). Students who need to withdraw from class or from the university due to military orders should be aware of the military duty withdrawal policy (see: http://catalog.uwlax.edu/undergraduate/academicpolicies/withdrawal/#military-duty-withdrawal-university )

Other Accommodation: If you have been a victim of violence, stalking, in an accident, etc. go to the Student Life

10 Office, 149 Main Hall to report an incident; see the Violence Prevention Office if you want confidential counseling. See the UW-L Counseling & Testing office (2106 Centennial) for other concerns, counseling, career interest tests, etc. I will consider related accommodation requests if I receive a note from the Student Life Office requesting it for you.

Various Other UW-L Course Policy Issues: Class Recordings & Media Use: To foster an open atmosphere of discussion, classes may not be audio- or video- recorded without prior consent of the instructor. Nor may photographs be taken in the class without prior consent of the instructor. To minimize distractions, if you are using a computer in class, it must be for class purposes. (Please wait to check your social media account and other sites (e.g., ESPN.com) until after class.) Late Assignments . Assignments are due at the beginning of class on the dates indicated in the Course Reading List (below). Late papers lose points. For extenuating circumstances that impact your ability to meet deadlines or participate in class activities, you are responsible for alerting me as soon as possible. Make-up exams may not be identical to exams that others took either in questions or in format. A well-prepared student should be able to answer a variety of questions about the material. Timely Grading of Assignments. I usually provide students feedback and/or scores on exams that require individualized grading before another exam is due. Generally, I return essay exams (or written term papers that need formal grading and individual feedback) within 21 days from the date of the exam (or when the written paper is due). I will notify you if I am unable to grade the work within the 21-day timeframe, and will identify a revised return date. If you submit work after the due date, it may not be returned within 21 days. Because ‘asking questions of other presenters’ throughout the semester factors into your presentation grade, I will not give you a ‘presentation grade’ until everyone has given their presentation, near the end of the semester.

I respect your privacy: Your graded coursework will be returned in compliance with FERPA regulations, such as (1) in class, (2) at my office (e.g., during my office hours), (3) via e-mail to your UWL e-mail account, or (4) via the online course management system, if used, through which only you will have access to your grades. I will not give your grades or graded papers to a boyfriend/girlfriend, a classmate, your mother/father or other relative, a co-worker, your parole officer, or your roommate to bring home to you.

After you have completed the course, any copies or records of your graded material that I retain will be accessible up to 7 weeks into the next academic term (e.g., until the end of July). After that, the material goes into storage and may be shredded after a few weeks’ of storage. Therefore, if you wish to discuss grades and you want me to look at your original exams or papers again, you should talk to me within the first seven weeks after the semester ends. Academic Integrity & Misconduct. Academic misconduct is a violation of the UWL Student Honor Code and is unacceptable. (See: http://catalog.uwlax.edu/undergraduate/academicpolicies/studentconduct/ ). I expect you to submit your own original work for your client “case analysis” paper and any other assignments (e.g., the extra-credit paper). When appropriate, cite original sources, following one of the major the style conventions used in business (e.g., numbered footnotes; APA style). For additional information, visit the Murphy Library website (see http://libguides.uwlax.edu/c.php? g=274211&p=1828490 ; additional links are at the end of the “Extra-Credit Paper” document on D2L). Technical Support: Useful files are found on the D2L online course management system. For tips and information about D2L visit the Information Technology Services (ITS) student support page, at http://www.uwlax.edu/D2L/Help-for- students/ . You can contact the ITS Support Center at (608) 785-8774 or email them at [email protected] for questions about D2L or any other technological difficulties. Hours for ITS are Monday - Thursday from 7:30 a.m. to 6:30 p.m., and Friday from 7:30 a.m. to 4:30 p.m.

Assessment. As an AACSB-accredited College of Business, faculty members are expected to assess student learning in ways beyond what is shown on regular exams. For example, I might give a special pre-test and a post-test to see how well students learned specific concepts (assessment may be conducted using other methods as well.) The Department of Management and the College of Business Administration Assurance of Learning Task Force also occasionally conduct assessment activities. Please cooperate in these efforts. By measuring how well our programs are working, we can

11 better design and improve our curriculum to facilitate student learning!

Supplementary Aids Murphy library carries several books and reference materials that you may find useful. These are: 1. Labor Relations Books. Found in HD6500 to HD6511 section of the library. 2. Labor Law Books. Found in Kf3000 to Kf3500. Also see Labor Law Journal. 3. Industrial Psychology Books. HD6900 to HD7000. 4. Labor Relations Reporter (bound and reprinted as Labor Arbitration Awards). 5. Labor Relations Reference Manual. (1935-1947 are bound; the 1948 volume should arrive any day now...) Kf3308. 6. Court Decisions Related to the NLRA (1961-present). Found in L.R.1.14. 7. Decisions and Orders of the NLRB (1964-). L.R.1. 8. The Wall Street Journal and other newspapers are in Newspaper Source Plus database. 9. Other materials in the Compact Shelves of the Library in the basement include: CCH's NLRB Decisions, Public Sector Labor Arbitration Information System, Labor Cases, and Public Bargaining Cases. (all at Kf3300 to Kf3500). 10. ABI Inform Computerized Data Base search and abstract retrieval service. 11. Psych Lit (abstracts) and PsychArticles (full text for APA journals) Computerized Data Bases. Useful for finding information about social psychology theories (e.g. theories of bargaining or persuasion) from scholarly journals and books. 12. History Abstracts, American Life and History, Academic Abstracts, and Ethnic Abstracts. These Data Bases may be helpful for research for papers. 13. Worldcat. Identifies books in various university libraries. Use with inter-library loan. 14. Government Documents Computerized Data Base. Useful for research utilizing government reports, documents, or import-export trade figures. 15. Labor-related websites: There are several of these. http://www.aflcio.org/ provides commentary on news items. For a list of labor unions (and their respective websites) see http://en.wikipedia.org/wiki/List_of_trade_unions . 16. For history-related topics, see print journals such as Labor History, Labor’s Heritage magazine, or American Federationist (the old AFL news magazine; 1967 – 1976 volumes are found bound in Murphy Library). 17. Lexis-Nexus is useful when researching law-related topics and arbitration and court cases..

A few words about language... 1. Some readings, films, lectures, and student presentations may contain ideas and/or language that may offend you. Although I try to select videos with educational value, I cannot control what every speaker in every video says; nor do I have a TV Guardian in the classroom to mute foul language. I do try to avoid videos with excessive vulgarity.

2. In this course standard English and modern English are used interchangeably. As you probably know, standard English advocates assume that the word "man" applies equally to both sexes (as it says in the King James version of the Bible, "God created man; male and female created He them"). They prefer terminology such as, "Fireman," "Policeman," "Craftsman," and "Chairman."

Modern English advocates assume that "man" applies only to the male sex, and prefer words such as "Firefighter," "Police officer," "Craftsperson," and "Chairperson." In the workplace you will encounter both standard English and modern English, so you will encounter both types of English here. While most people today use Modern English, I will not “count off” or label you as “sexist” if you use Standard English for your examinations or papers.

12 This Course is consistent with the College of Business “Graduate Program Learning Outcomes”:

In 2011, the Faculty of the College of Business Administration established Graduate Program (MBA) Learning Outcomes. These are as follows:

1. Comprehensive knowledge of the functional areas Graduates shall have a comprehensive knowledge of the functional areas. Comprehensive knowledge shall embody an understanding of the theoretical foundations and quantitative tools of each functional area, as well as the ability to apply this knowledge to actual problems.

2. Problem solving capabilities Graduates shall be able to think laterally, critically, in innovative and creative ways, and to make connections among diverse fields of study in analyzing problems.

3. Global perspective Graduates shall have a global perspective based on an understanding of both the domestic and global environments of the organizations.

4. Communication competency Graduates shall be able to communicate effectively in writing and orally in ways appropriate for a variety of objectives and audiences.

5. Ability to manage information Graduates shall have an understanding of the progress in information technology and be able to effectively integrate this change in their decision-making processes.

6. Social Responsibility Graduates shall understand the ethical and environmental ramifications of their decisions.

7. Behavioral Skills Graduates shall understand human behavior in organizations. They should have the ability to utilize leadership skills effectively, interact effectively in group situations, manage in culturally diverse environments, help others develop their skills, resolve conflict effectively and act independently in low feedback environments.

Listed below, I describe how various course requirements contribute to each learning outcome:

Learning Outcome Relevant Course Requirement: 1. Comprehensive Knowledge This course allows students to use knowledge from other Of Functional Areas courses that they may have taken (e.g., economics, legal environment of business, other management courses) and to integrate and apply those to labor- management relations (e.g., in this course, we discuss labor economics, legal regulation of labor-management relations, and how some management practices and theories are relevant for both nonunion and union firms). MBA students should understand Labor-Management Relations. It is a vital component of many areas because students in a variety of fields (finance, accounting, retail, service, health care, and industrial sectors) will probably hold managerial--and not merely technical--positions. Thus they will need to understand the legal and psychological

13 contexts of union organizing drives, collective bargaining, benefits determination, and grievance procedures. These topics are particularly relevant for Masters of Business Administration students who will often hold managerial Positions immediately after leaving college. 2. Problem Solving Capabilities The Case presentations provides an opportunity for two presenters to offer competing perspectives on a complex problem. Others in the audience must decide which side is correct, based not only on business ethics, but based on labor law and/or the contract. 3. Encouraging Global Awareness In this course we discuss Labor-Management Relations in selected countries other than the United States. We also discuss the unique challenge that Multi-National Corporations pose to labor unions. 4. Communication Competency Case Presentations provide an opportunity to practice formal, persuasive, oral, communication skills. Written assignments provide opportunities to practice written communication. 5. Ability to Manage Information By using the AAA Cases in Lexus-Nexis, students can become familiar with this particular type of information database. Students have the opportunity to form arguments using information from precedent cases as they prepare to argue for either the union or the management side of a National Labor Relations Board case or a private arbitration case. They must also use and manage information as they research papers and prepare for mock labor-management contract negotiations. By using specific websites and online article databases, students have opportunities to use modern technology to help them gather and manage information. 6. Social Responsibility In this class we discuss historical topics such voluntary Worker betterment programs such as the B & O plan. We also discuss the ethics of modern-day union avoidance Efforts, child welfare, and attempts by some multinational Firms to avoid both stricter labor laws and stricter Environmental laws in their facilities location decisions. We also consider union “salting” from an ethical perspective. 7. Behavioral Skills Learning about labor-management relations can improve problem analysis and decision making skills (e.g., what should a manager do upon learning of a union organizing drive? If workers want a union, what should they do?) This course provides opportunities for students to learn about and to practice negotiation and conflict management skills.

14 In the Course Outline & Reading List on the following pages, I list the relevant chapters for the latest edition of your textbook. However, some students choose to buy an older edition. If you are using an older edition of the textbook, please be aware that the chapters have been re-organized for each edition. This can sometimes lead to confusion. Therefore, I have created a chart to help you identify which topics correspond across editions. Of course, the information is not always identical across editions – and the examples are less current with older editions of the book.

TOPIC 10th Edition (2013) 9th Edition (2010) 8th Edition (2007)

Current Labor Relations Chapter 1 Chapter 2 Chapter 2

Private Sector Labor History & Chapter 2 Chapter 1 Chapter 1 Laws Public Sector Labor History & Chapter 3 Chapter 1 Chapter 1 Laws Establishing a Bargaining Unit Chapter 4 Chapter 3 Chapter 3

Unfair Labor Practices Chapter 10 Chapter 4 & Ch. 10 Chapter 4 & Ch. 9

Negotiation Tactics Chapter 5 Chapter 6 Chapter 5

Preparation for Negotiation Chapter 6 Chapter 5 Chapter 5

Third Party Dispute Resolution Chapter 6 Chapter 5 Chapter 5 Procedures Strikes & Lockouts Chapter 6 Chapter 5 Chapter 5

Putting the Agreement in Writing Chapter 6 Chapter 10 Chapter 9

Union Security, Right-to-Work Chapter 6 Chapter 3 Chapter 3 laws, Management Rights Wage &Salary Issues Chapter 7 Chapter 7 Chapter 6

Employee Benefits Chapter 8 Chapter 8 Chapter 7

Job Security & Seniority Chapter 9 Chapter 9 Chapter 8

Grievances & Discipline Chapter 11 Chapter 11 Chapter 10

Grievance Arbitration Chapter 12 Chapter 12 Chapter 11

International Industrial Relations Chapter 13 Chapter 13 Chapter 12

15 Management 738: Course Outline & Reading List

Dates Topics & Readings PART I: THE U.S. INDUSTRIAL RELATIONS SYSTEM May 22 M U.S. Labor History and the Establishment of U.S. Labor Law Reading: Carroll & Heavrin, 10th edition (hereafter abbreviated “C&H”): Chapter 2 (“Private Sector Labor Relations: History and Law”)

PART II: UNION ORGANIZING AND COLLECTIVE BARGAINING PROCESSES

May 23 Tu U.S. Labor Law: Establishing a Bargaining Unit; Union Organizing; Unfair Labor Practices Readings: 1. C & H: Chapter 4 (“Establishing a Bargaining Unit & the Organizing Campaign”) 2. C & H: Chapter 10 (“Unfair Labor Practices”) Case: C738-1 Are the newspaper carriers “employees?” Arizona Republic v. Graphics Communication Union ***Presenters: CK (union) & JR (management)

May 25 Th ***Exam #1 (Everything so far, including Chapters 2, 4, and 10 – exam is the first hour)

Followed by: the Union Avoidance Era; Negotiating a Collective Bargaining Agreement – Preparation for Negotiations; Distributive Bargaining and Dealing with “Contending” Tactics. Readings: 1. C & H: Chapter 5 (“Negotiation Models, Strategies, & Tactics”) 2. Thompson, L. (2005). The mind and heart of the negotiator, third edition, Chapter 3: “Distributive negotiation: Slicing the pie”. Upper Saddle River, NJ: Prentice-Hall. [D2L]

May 29 Mon. Memorial Day – No Class

16 May 30 Tu Negotiating a Collective Bargaining Agreement – Integrative Bargaining

Readings: 1. C & H: Chapter 6 (“Negotiating a Collective Bargaining Agreement,” pp. 205 – 214 only). 2. Thompson, L. (2005). The mind and heart of the negotiator, third edition, Chapter 4: “Win-win negotiation: Expanding the pie”. Upper Saddle River, NJ: Prentice-Hall. [D2L] Case: C738-2 Can the union organizer meet with workers on Company property? Church's Alaska Fisheries, Inc. v. Int'l Longshoremen's & Warehousemen's Union ***Presenters: CS (union side) vs LX (Mgt.)

JR: Find a current news article dealing with collective bargaining and summarize it for the class.

June1 Th *** Exam #2 (Everything since Exam #1, incl. Ch. 5 & 6 and Thompson, Ch. 3 & 4). ***

Followed by: Mediation, Strikes, and Lockouts. Readings: 1. C & H: Chapter 6, (pp. 215 – 222). 2. Scott, K., & Wilson, C. (2008). Questions Clients have about whether (and How) to Mediate and How Counsel Should Answer Them. Dispute Resolution Journal, 63 (2), 26-36. [Although written for lawyers working with commercial mediation, much of the information is relevant for labor mediation also.] https://libweb.uwlax.edu/login?url=http://proquest.umi.com/pqdweb? did=1490310651&sid=6&Fmt=3&clientId=3845&RQT=309&VName=PQD

PART III: COSTS OF LABOR CONTRACTS June 5 Mon. Grievances and Employee Discipline; nonunion grievance procedures Readings: 1. C & H: Chapter 11 (“Grievances and Disciplinary Procedures”) 2. C & H: Chapter 12 (“The Arbitration Process”)

Case: Case #738-3: [adapted from BNA’s Labor & Employment Law website]: “Sleeping at Safeway” (Safeway v. IUOE, Local 39, case no. 133 LA 621, 2014) ***Presenters: LX (union side) vs. CK (management side)

CS: Find a current news article dealing with tonight’s topics (or strikes or lockouts) and summarize the article for the class.

17 June 6 Tues. Management Rights and Union Rights; Performance Appraisal; Productivity Issues Readings: 1. C & H: Chapter 6 (pp. 227 - 244) & Chapter 9 (“Job security & Seniority”) Case: “Declining performance? Or retaliation?” (Dept. of the Air Force, Kirtland Air Force Base and American Federation of Government Employees (AFGE). ***Presenters: (union side) vs. (mgt side)

CK: Find a current news article dealing with tonight’s topics and summarize it for the class.

June 8 Th. ***Exam #3 (Everything since Exam #2, including Ch. 6, 9, 11, & 12)*** Followed by: Wage & Benefits Issues Readings: 1. C & H: Chapters 7 (“wage…issues”) & Ch. 8 (“Employee Benefits Issues”)

PART IV: VARIATIONS ACROSS ECONOMIC SECTORS AND NATIONS

June 12 Mon. Labor Relations in various U.S. industries; Labor Relations in the Public Sector

1. C & H: Chapters 3 & 6 (“Public-sector Resolution Stage,” pp. 223-226) Case: C738-5 “Speedy recovery ?” Or “Fraud?” Behring vs. International Chemical Workers Union ***Presenters: JR (union) vs. CS (management) Note to Presenters: Searching the Internet, you might find the photo that appeared in the newspaper.

June 13 Tues. Labor relations in other countries; unions and free trade issues Readings: 1. C & H: Chapter 13 (“Comparative Global Industrial Relations”)

LX: Find a current news article dealing with any of Monday or Tuesday’s topics and summarize it for the class.

June 15 Thurs. ***Exam #4 (Everything since Exam #3, including Ch. 3, 6, 7, 8, & 13).

Note: Widely-celebrated holidays and religious days are included for your planning convenience (if applicable to you) and do not imply endorsement by the State of Wisconsin, the University of Wisconsin System, UW-L, or any subunits thereof.

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