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Conflict MGMT

Terms in this set (60)

Posturing
A pattern established during the initial bargaining session in which each negotiating party demonstrates its willingness to (1) negotiate, (2) identifies its basic bargaining positions, and (3) generally sets the tone of the negotiations
Packaging
A negotiation tactic of putting a few items together and allowing both sides to achieve gains on one or more items to establish trust and decrease the number of unresolved issues
Throwaway items
A negotiating tactic in which a party introduces items of low priority to its side to trade for items of higher priority
WATNA
A realistic assessment of the worst alternative to not reaching an agreement that affects what a party is willing to agree to in order not to reach an impasse
Saving face
Allowing negotiators to present the end product of a negotiation in the best light, with neither party publicizing individual wins or losses to ensure ratification of an agreement as well as the ability to ensure more positive relationships in the future
Bracketing
The process of moving toward a middle point between the opening offers (or brackets), which is the logical bargaining process
Framing
Presenting an issue to the other side in a negotiation in a way that is convincing and causes the other side to "see" the proposal in a different light
Caucasing
Much of the negotiating time is spent with each party meeting separately. Team members can openly discuss the merits of the proposal and their willingness to accept it
5 W'S
The who, where, when; what form of agreement; and how will proposals be made as agreed to in the ground rules
Ground rules
The general procedures and policies that each party agrees to adhere to during negotiations. These are usually agreed to in writing before the negotiations and may include such items as the time, date, and location for the negotiating session
Contract bar
The general rule followed by the NLRB stating that a current and valid labor contract can prevent another union from petitioning for an election and being certified as the exclusive representative for the term of the existing contract
Duty to sign
The obligation of both parties to reduce to writing and sign any agreement reached through the collective bargaining process. Refusal to sign can be declared an unfair labor practice
Picket Lines
A line or procession of union members or union supporters staging a public protest outside an employer concerning a labor dispute- often due to failed contract talks
Impasse
"A stalemate" Interests of the two parties have not been reconciled. No real intention of settling.
Lockout
The employer may withhold employment to resist union demands or actually to force concessions from the union.
Management rights
Are found in almost all contracts in a section labeled management rights.
Mediation
The introduction of a neutral third party into a grievance situation or collective bargaining impasse. Although mediators have no decision-making powers, they use their skills and work actively to achieve a settlement that is mutually agreeable to both sides.
Open period
The first 30-day period in the last 90 days before the termination of a collective bargaining agreement during which employees can vote to change their bargaining agent.
Primary strike
A strike called by a union against the direct employer of its members when a labor dispute exists
Union security
The provisions of collective bargaining agreements that directly protect and benefit the labor organization such a dues checkoff and union shops
Boulwarism
A collective bargaining approach in which management presents its entire proposal as its final offer, holding nothing back for further negotiations. Lacks any "give and take"
Concerted activity
Any legitimate action taken by employees to further their common by not individual interests
Duty to bargain in good faith
Requires both sides to meet, confer, and make written offers. Does not require either side to concede or agree on any issue but rather to show reasonable intent to reach an agreement
Duty to furnish information
Relevancy, financial information of company, prompt delivery of information in a workable form, and information that must be furnished
Hot cargo agreement
A negotiated contract provision stating that union members of one employer have the right to refuse to handle nonunion or struck goods of other employers
Opener clauses
An agreement provision that allows future negotiations during the term of the contract on specific mandatory issues
Scabs
Workers who cross picket lines to work when union employees are on strike
Severability clause
A CBA provision that keeps all other provisions in the agreement in place should one provision become null and void.
Sickout
An illegal partial strike in which employees call in sick to protest a working condition
24 hour rule
The NLRB rule prohibits employers and unions from making organizational campaign speeches on company time to assemblies of employees within 24 hours of a scheduled election
Moonlighting
Holding a second job during an employee's off time can be a cause for discharge, particularly if the labor contract includes a relevant provision.
Disciplinary procedures
Processes that are usually designed to set standards of performance and work rules, and apply discipline when those standards are not followed in a fair and consistent manner.
Employee misconduct
A wide range of offenses ranging from serious to minor
Serious offense
Fighting or threatening others
Minor offense
Failing to punch a timecard
Grievance
Any formal complaint filed by an employee or union concerning any aspect of the employment relationship. "A perceived violation of a contract provision"
Grievance mediation
The use of a neutral third party as one step in a grievance procedure. The mediator facilities the parties developing a resolution of the grievance themselves and avoiding arbitration
Grievance procedures
The core of the continuous collective bargaining process. It is a violation if the employer refuses to process grievances
Last chance agreement
Agreement between the union and the employer that allows an employee who was fired for misconduct his/her job back with the condition that if the employee violates the LCA he/she will be discharged without right of an appeal
Progressive discipline
A discipline system for addressing minor employee misconduct that usually includes several levels of penalties such as warnings, reprimands, suspensions, and termination.
Describe distributive bargaining and give an example of this type of bargaining. (173)
The distributive bargaining approach is a negotiation method described as a "win-lose" situation in which resources are viewed as fixed and limited, and each side wants to maximize its share. EX: If only one issue is likely to dominate the negotiation, such as wage increase, then distributive bargaining is more likely to be used because it is a "zero-sum" process.
Describe interest-based bargaining and give an example of this type of bargaining. (194)
Interest-based bargaining (IBB) is a new collaborative negotiating process. The steps of IBB in which parties (1) share information; (2) agree to search for mutually agreeable solutions; (3) use brainstorming to create new options; (4) focus on the facts and issues, not personalities or leverage; (5) negotiate and focus on parties' real interests, not positions; (6) commit to IBB training and use of IBB principles.
An example of this type of bargaining is a buyer offering to close early to help out the seller.
List and explain 3 responses to a last minute concession. (197)
Silence - Say nothing; any response may be perceived as a sign of weakness. Continue to close the deal at hand with no changes.
The walkaway - A skilled negotiator may be able to project a personal indifference to settling that will concern the opposing side that has certainly become invested in teaching an agreement. This may be the best time to suggest you can - and will - use the walkaway and retreat from the deal if the other side tries to extract a final concession.
Reciprocate - This response technique involves including the other party to change a position, by indicating that if he or she will change his or her position on an issue, you will reciprocate and make another approximately equal concession.
Define BATNA. How can one use a strong BATNA during negotiations?
BATNA stands for the Best Alternative To a Negotiated Agreement. It is a negotiator's best alternative course of action if no settlement is reached. In collective bargaining, a BATNA may be a union's ability to stage a successful strike of management's ability to hire replacement workers.
Explain what mandatory items are in collective bargaining and give two examples.
Mandatory items are the items that must be bargained in good faith. Examples: wages, hours, vacation time
Explain the Mackay doctrine.
The Mackay doctrine is a court decision rule that interprets the NLRA as allowing employers to replace striking workers with permanent workers unless it is determined that the strike was an unfair labor strike.
Explain mediation and describe why it is a more preferable option that calling for a strike.
Mediation is a voluntary process selected by both parties to assist them in moving beyond impasse to a settlement. Mediation services are usually provided by a third-party neutral, experienced and trained in dispute resolution techniques.
Explain the duty to sign and describe why it is important in collective bargaining.
The duty to sign is the obligation of both parties to reduce writing and sign any agreement reached through the collective bargaining process.
Explain right-to-work laws and describe how they impact unions.
Right-to-work laws are the defer law permitting states to prohibit agreements requiring membership in a labor organization as a condition of employment
Explain what an unfair labor practice is and give two examples.
Unfair labor practice is when certain actions are taken by employers or unions that violate the NLRA. Such acts may be investigated by the NLRB. Examples: Dominating or providing illegal assistance of support to a labor union. And Discriminating against employees to encourage or discourage membership in a labor organization, or replacing workers who strike to protect an unfair labor practice.
Explain what a no-solicitation policy is. (363)
No-solicitation policy is when the bars on site solicitation of employees for a specific purpose. Generally unfair if only applied to union activity.
List and explain three unfair labor practices in an organizing campaign. (364 - 366)
Campaign propaganda and misrepresentation, threats and loss of benefits, promise or grant of benefits
Explain concerted activities and give two examples. (372)
Concerted activities is when any legitimate action is taken by employees to further their common but not individual interests, such as wages, hours, and working conditions. Two examples of this are strikes and union lobbying against the right to work.
Explain what surface bargaining is. (382)
Surface bargaining is the act by either party of simply going through the motions of negotiating without any real intention of arriving at an agreement.
Explain what a zipper clause is. (385)
Considered to denote waiver of the right of either party to require the other to bargain on any matter not covered in an agreement during the life of the contract, thus limiting the terms and conditions of employment to those set forth in the contract.
Explain what a grievance is and give an example of one. (407)
Any formal complaint filed by an employee or union concerning any aspect of the employment relationship. For example when the supervisor assigns the employee work outside his job classification, he might have a grievance.
List and explain three functions of the grievance process. (413)
Conflict management resolution, agreement clarification, communication
Explain employee misconduct and give three examples. (414)
Three examples: Damaging company property, Email and technology issues, and gambling.
Explain progressive discipline. (417)
A discipline system for addressing minor employee misconduct that usually includes several levels of penalties such as warnings, reprimands, suspensions, and finally termination
List and explain three common grounds for immediate discharge. (421)
- Impaired work performance due to the influence of alcohol or drugs
- Conviction of job-related crime
- Workplace violence
- Dishonesty or theft of employer property
- Failure to follow safety rules
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