HRT 350 Lecture Notes - Lecture 11: Jurisdictional Strike, Wildcat Strike Action, Unfair Labor Practice

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Chapter 11 Negotiation and Collective Bargaining
Collective Bargaining the negotiation process between unions and management during which
contracts are developed
Bargain in Good Faith
Applies to both employers and unions guilty if they:
o Fail to provide relevant information
o Surface bargain going through the motions without any intent to settlement
o Refuse to compromise at the outset of negotiations (ex. “take it or leave it”
stance)
Issues in Bargaining
Mandatory issues: require management and unions to bargain in good faith
o wages, overtime, benefits, grievance procedures, etc.
o impasse” could happen here
Voluntary issues: either side can decide not to bargain over voluntary issues if they wish
o Supervisory discipline, performance bonds for union or management, etc.
Illegal issues: bargaining is prohibited
o Closed-shop agreements, violates EEO laws
Management Right Clauses management’s right to control the types of products and services
the company makes or deliver
Just Cause Clause union limits management’s right to discipline or discharge employees
Choosing a Negotiation Team
Director of HR
Attorney
A consultant
Expertise in
o Written & oral communications
o Labor and benefit cost analysis
o Estimating
Negotiation Strategies
Distributive bargaining
o Win lose: wages and benefits
Integrative bargaining
o Win win: quality of life (less work, more productivity)
Attitudinal structuring
o Creating positive (or negative) impressions: making oneself look good and the
other look bad
Intra-organizational bargaining
o Negotiators have to “sell” the agreement they reach to their own constituents
Boulwarism
o Management presents the final offer and refuses to vary from it
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