Collective Bargaining
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Bargaining Structure
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Pattern Bargaining
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Bargaining Unit
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Lock-in agreement between unions
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Leapfrogging
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Whipsaw bargaining strategy
-An employer's use of the terms of an agreement with one bargaining unit as leverage in negotiating with other bargaining units.
Withdrawal from multi-employer bargaining group
-An employer cannot withdraw from bargaining without the union's consent once bargaining has commenced.
Selection of the Negotiating Team: Size
-Smaller is better (no more than nine members).
-Parties may attempt to match the size of the other team.
-Centralized bargaining tends to expand team size.
Selection of the Negotiating Team: Member Qualifications
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Reasons for Costing Proposals
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General Costing Approaches
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Distributive bargaining
-Negotiation process is a win-lose (zero-sum) exercise in which one party must lose something in order for the other party to win.
-Each party relies on its bargaining power to come as close as possible to the other party's resistance point.
Integrative (win-win or interest-based) bargaining
-Both bargaining parties seek to satisfy each party's substantive interest while strengthening their relationship.
-The effect of bargaining power is reduced by advance agreement on how bargaining proposals will be evaluated.
Strategies and Tactics
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Chamberlain and Kuhn's Concept of Bargaining Power
-A party's power is defined as equal to the other party's cost of disagreement divided by their cost of agreement to the first party's terms.
Assumptions
-Both parties are rational and use the same approach to the costing of proposals.
-Either party will accept the other party's proposal if it costs that party more to disagree than to agree.
-Bargaining power "costs" can be estimated precisely and aren't s
Factors Affecting Bargaining Power
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Factors Affecting a Union's Disagreement and Agreement Costs
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Factors Affecting Management's Agreement and Disagreement Costs
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Intraorganizational Bargaining
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Ethical and Legal Considerations in Collective Bargaining
-Unacceptable negotiating tactics
-Emotional manipulation
-Misrepresenting information
-Inappropriate information gathering
-"Bluffing" - making false promises or threats with no intention to execute them
-Misrepresenting information to your opponent's co
Conformance to Professional Standards by Negotiators
-To obtain the best possible settlement benefiting their party's interests.
-To convince the parties involved that they are effective negotiators.
-To communicate honestly and respectfully so as to enhance the continuing labor relations relationship.
Good Faith Bargaining
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Totality of Conduct
-NLRB assesses a party's overt behavior and intent in deciding the merit of an unfair labor practice charge.
Sources of Violations of Good Faith Bargaining
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Categories of Bargaining Issues: Illegal Subjects
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Mandatory Subjects
-Issues that directly affect wages, hours, and terms and conditions of employment.
-Issues that can be bargained to impasse (neither party will agree to a change of position on the issue).
Voluntary (Nonmandatory or Permissive) Subjects
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Specific Bargaining Violations: Management Per Se ULPs
-Refusing to meet with the union to negotiate proposals.
-Implementing a wage change without consulting the union (unilateral change in a mandatory item).
-Reaching a bargaining impasse on a nonmandatory issue.
-Refusing to furnish information necessary f
Union Per Se ULPs
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Totality of Conduct Doctrine
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Boulwarism
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Bad-Faith Bargaining Conduct
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Management Rights
-The discretionary freedom of management to decide about and to direct the operations of the firm is derived from:
-The property rights of the owner.
-The laws of agency�the legal responsibility of managers to act as agents for the owner.
Reserved Rights Doctrine
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Successor Employer
-Has a legal duty to bargain with an existing union over the terms of a new labor agreement if there is substantial continuity in the operation of the purchased firm as determined by:
-Percentage of union employees retained.
-Change in the location of the
Successorship Clause
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The Bildisco Decision
-A bankrupt firm can abandon (or seek modification of) the terms of a labor contract if:
-The firm seeks to make a fact-based proposal to the union to modify the contract.
-Modification is necessary to reorganize the firm and treats all parties fairly.
-T
Remedial Orders of the NLRB
-A cease-and-desist order that halts further ULPs
-A requirement to post written notices of employee basic rights under the LMRA, ULPs, and the respondent's pledge to cease ULPs
-A requirement to take affirmative actions (make-whole remedies) that restore
Ratification
-Union negotiators are typically only authorized to reach a tentative agreement on contract terms.
-Indicates union members' approval of, but not necessarily satisfaction with, contract provisions.
Factors Affecting Ratification
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