IRL401-Collective Bargaining Cliff Donn

WER 401 - Collective Bargaining	Cliff Donn
Fall 2008	Reilly Hall 416, 445-4484
web.lemoyne.edu/~donn/class/wer401/wer401.htm	donn@lemoyne.edu

TOPICS: The basic subject matter of the course involves the principal means by which labor unions and managements jointly determine and administer wages and other terms and conditions of employment in the United States. The emphasis will be on the "large" picture rather than on the details of particular bargaining relationships.

SOURCES: The text for the course will be Katz, Kochan and Colvin, An Introduction to Collective Bargaining & Industrial Relations, fourth edition. In addition, you will be reading almost all of Clark, Delaney and Frost, Collective Bargaining in the Private Sector. Other references, on reserve at the library, include selections from the Monthly Labor Review, the Labor Law Journal, the Industrial and Labor Relations Review, and several books.

REQUIREMENTS: All students will take a comprehensive final examination on Tuesday, December 10, at 12:00 noon. In addition there will be four readings quizzes and a mid-term examination. The dates for these are listed in the schedule below. The quizzes will each take fifteen minutes (and will be administered at the beginning of the class period) while the mid-term will take an entire class. There will be no make-up quizzes or exams. If you miss a quiz or the mid-term exam, you can make up that material on the final exam. You may also use the final exam to replace the grades on any of the quizzes and/or the mid-term if you are unhappy with your grade. However, if you do the part of the final exam which replaces a quiz or the mid-term, you will receive whatever grade you receive on the final, whether it is higher or lower. On the other hand, if you are content with your grades on the quizzes and the mid-term, then you can skip entirely the parts of the final that would replace these. Put differently, all of the quizzes and the mid-term are optional (except that everyone must take at least one quiz). However, if you choose to take the quizzes and the mid-term, then you will have the choice of doing only part of the final exam or of using the final exam to try to improve your grade.

Students will each write one essay. Those who choose may write a second essay. See the separate handout on essays for details. Participation in the collective bargaining simulation is compulsory. The quizzes will each count 5% of your grade. The mid-term examination will count 15% of your final grade as will the essays. The bargaining simulation, will count 15% of your final grade. The final examination will count as little as 20% of your final grade or as much as 65% depending on the options you choose with regard to the quizzes, the mid-term examination and the essays. In summary, everyone must take the quizzes, write one essay, do the bargaining simulation and take the final examination. In addition to those grades, you have the option of acquiring more grades by doing the mid-term examination and writing a second essay.

You must complete all assigned work by the appropriate deadline in order to receive a passing grade in the course. Regular class attendance and participation in class discussion are expected. Students who attend class and are prepared for discussion on a daily basis can expect these facts to be reflected in their grades. The inverse is also true. You should not take this class unless you expect to attend every day. Students who miss more than one class should expect that to be reflected in their grade. Students who miss an excessive number of classes for any reason will be dropped from the course.

Cell phones must be turned off during class (not set to vibrate). Students are not allowed to leave class to receive or make phone calls. If you anticipate an emergency telephone call on some particular day that necessitates your leaving your phone on, tell the instructor before class begins.

If you have a documented disability and wish to discuss academic accommodations, please contact the instructor within the first week of class.

CLASS SCHEDULE

Please use this schedule to plan your reading which should be done before the relevant class.

TOPICS	DATES

I. Course Introduction
-- A. Introduction	Aug 25
-- B. Nature of Collective Bargaining	Aug 25, 27
II. Bargaining Environments
-- A. Economic Environment	Aug 29
-- B. Legal Environment	Sep 3,5, 8
-- C. Bargaining Structure	Sep 10, 12
III. Bargaining and Conflict Resolution
-- A. Negotiation Process	Sep 15, 17, 19, 22, 24, 26
-- B. Industrial Conflict	Sept 29, Oct 1
-- C. Contract Administration	Oct 6, 8, 10
-- D. Issues in Bargaining	Oct 15, 17, 20, 22, 24, 27, 29, 31
IV. Alternative Bargaining Models
-- A. Public Sector Bargaining	Nov 3, 5, 7, 10
-- B. Bargaining Under the Railway Labor Act	Nov 12
-- C. Bargaining in Agriculture	Nov 14, 17
-- D. Bargaining in Canada	Dec 1, 3
V. Summary and Conclusions	Dec 5

ACTIVITIES	DATES

Quiz 1	Sep 12
Essay 1	Sep 15
Mid-term Exam	Oct 3
Essay 2	Oct 8
Quiz 2	Oct 10
Quiz 3	Nov 3
Essay 3	Nov 7
Quiz 4	Nov 12
Collective Bargaining Simulation	Nov 19, 21, 24
Essay 4	Dec 1
Quiz 5	Dec 3
Final Examination	Dec 10, 12:00-2:30 p.m.

EXPECTATIONS

WHAT I EXPECT FROM YOU

I expect that you will come to class each day on time, having done the reading assignment and prepared to participate by asking and answering questions and by expressing your opinions. I expect that you will ask questions about anything you don't understand. I expect that essays will be done and turned in on time and that they will reflect the best work you can do. I expect that you will contact me if you are having any problems in the course or if you are having personal problems which may affect your performance in the course. Overall, I expect you to work hard at getting the most out of this course that you possibly can. In accordance with the policies of the New York State Department of Education which accredits Le Moyne College, you can expect to be assigned two to three hours of outside work for each hour of class time in the course. You should not take this course unless you are willing to spend that much time outside of class working on course material.

WHAT YOU CAN EXPECT FROM ME

You can expect that I shall come to class on time each day having thought about and prepared the material. You can expect that I shall answer your questions to the best of my ability and that your opinions will be heard with respect. You can expect that your papers and exams will be graded carefully and returned in a timely manner and that you w ill be given an explanation of why you receive the grades you receive. You can expect that I shall make time to see you if you need to see me and that I shall keep regular office hours.

WHAT WE SHOULD EXPECT FROM EACH OTHER

A serious commitment to learning and a serious effort toward that end.

EXPECTED OUTCOMES

Upon completion of this course, the successful student will be familiar with the contexts in which collective bargaining takes place, the processes of negotiation and dispute resolution, and alternative bargaining models. The student will appreciate and be able to describe differences in these processes in different industries. The student will be familiar with sources of data and other information relevant to collective bargaining and will be able to access those information sources. The student will be able to evaluate critically media reports relating to collective bargaining as well as proposed changes in policy. The student will be able to read professional literature on collective bargaining and evaluate that literature knowledgably and critically.

READING ASSIGNMENTS

I. B. Nature of Collective Bargaining

Katz, Kochan and Colvin - Chap. 1
Clark, Delaney and Frost, "Private-Sector Collective Bargaining: Is This the End or a New Beginning?" in Clark, Delaney and Frost
Wheeler, "Viewpoint: Collective Bargaining is a Fundamental Human Right," Industrial Relations, July 2000

Optional:

Katz, Kochan and Colvin - Chap. 2
Cutcher-Gershenfeld, et al., "How Do Labor and Management View Collective Bargaining?" Monthly Labor Review, October 1998
Friedman, "Ensuring Respect for Human Rights in Employment," Proceedings, IRRA, January 2001

II. A. Economic Environment

Katz, Kochan and Colvin - Chap.4 - pp. 77-87, 92-102
Katz et al., "Autos," in Clark, Delaney and Frost

Optional:

Donn and Karper, "Changing Product Markets and the New Industrial Relations in the USA," Le Moyne College Institute of Industrial Relations, Research Paper Number 6, March 1989

B. Legal Framework of Bargaining

Katz, Kochan and Colvin - Chap. 3 and Chap. 4 - pp. 88-92
Belzer, "Trucking," in Clark, Delaney and Frost
Roth, "Workers' Rights in the United States," Perspectives on Work, V.5 n.1

Optional:

"NLRB General Counsel Seeks Tougher Remedies in First Contract Bargaining Cases," Labor Law Journal, Fall 2007
Barker and Beato, "Supervisors Under the NLRA: Oakwood Healthcare One Year Later," Labor Law Journal, Winter 2007
Craver, "The Relevance of the NLRA and Labor Organization in the Post-Industrial Global Economy," Labor Law Journal, Fall 2006
Estlund, "Is the National Labor Relations Act an Outmoded Statute in the 21st Century?" Labor Law Journal, Fall 2006
Feinstein, "The NLRA at 70: Perspectives from the Office of the General Counsel," Labor Law Journal, Fall 2005
Singh and Dannin, "The Shadow of the Law: Impasse Laws at Odds with the NLRA," Labor Law Journal, Winter 2002
Niederjohn, "Regulatory Reform and Labor Outcomes in the Electricity Sector," Monthly Labor Review, May 2003
Dolin, "Analyzing Recent Developments at the NLRB," Labor Law Journal, Summer 2005
Eaton and Kriesky, "No More Stacked Deck: Evaluating the Case Against Card Check Recognition," Perspectives on Work V.7, n.1 2003
Darrow-Kleinhaus, "Good Faith: Balancing the Right to Manage with the Right to Represent," Labor Law Journal, Spring 2001

C. Structure of Bargaining

Katz, Kochan and Colvin - pp. 177-189
Clark, "Health Care," in Clark, Delaney and Frost

Optional:

Allen, "Construction," in Voos, Contemporary Collective Bargaining in the Private Sector
Kochan and Katz, "Collective Bargaining, Work Organization, and Worker Participation: The Return to Plant Level Bargaining," Labor Law Journal, August 1983

III. A. The Negotiation Process

Richard E. Walton and Robert B. McKersie, A Behavorial Theory of Labor Negotiations, Chap. 1, "Introduction and Theoretical Framework"
Katz, Kochan and Colvin - pp. 192-209, 220-229, chap. 5
Waddoups and Eade, "Hotels and Casinos," in Clark, Delaney and Frost
Keefe and Batt, "Telecommunications," in Clark, Delaney and Frost
Erving Goffman, The Presentation of Self in Everyday Life, Chap. 2, "Teams" Chap. 3, "Regions and Region Behaviour" Chap. 4, "Discrepant Roles"
Roger Fisher and William Ury, Getting to Yes, Chap. 1, "Don't Bargain Over Positions"

Optional:

Walton and McKersie, Chap 2, "Distributive Bargaining Model," Chap. 4, "Integrative Bargaining Model," and Chap. 10 "Synthesis of the Sub-Processes"
Goffman, Chap. 1, "Performances," and Chap. 7 "Conclusion"
Friedman, Front Stage, Back Stage: the Dramatic Structure of Labor Negotiations
Fisher and Ury, Chap. 2, "Separate the People from the Problem," Chap. 3, "Focus on Interests, Not Positions," Chap. 4, "Invent Options for Mutual Gain," Chap. 5, "Insist on Using Objective Criteria"

Froehlich, "'Bankruptcy Brinkmanship': Employers' Threats of Bankruptcy in the Context of Collective Bargaining and the National Labor Relations Act," Labor Law Journal, Summer 2006
Katz, Batt and Keefe, "The Revitalization of the CWA: Integrating Collective Bargaining, Political Action and Organizing," Industrial and Labor Relations Review, July 2003
Karper - "Tires" in Lipsky and Donn, Collective Bargaining in American Industry
Martin, Bargaining Power
Kaufman, "Labor's Inequality of Bargaining Power: Changes over Time and Implications for Public Policy," Journal of Labor Research, Summer 1989
Becker and Olson, "Labor Relations and Firm Performance," in Morris Kleiner et al., Human Resources and the Performance of the Firm
Hurd, "Union-Free Bargaining Strategies and First Contract Failures," IRRA Annual Meeting, Proceedings, January 1996

B. Industrial Conflict

Katz, Kochan and Colvin - pp. 209-220
Surowiecki, "Striking Out," The New Yorker, November 19, 2007
Stanger, "Newspapers," in Clark, Delaney and Frost
Getman, "After the Strike: The Lasting Impact of Hiring Striker Replacements," Perspectives on Work, V.10, n.1, Summer 2006

Optional:

Seeber - "Agricultural Machinery" in Lipsky and Donn, Collective Bargaining in American Industry
Taylor, "The Detroit Newspaper Strike: A Template for Employers on Preparing for and Operation during a Labor Strike," Labor Law Journal, Summer 2008
Compa, "Striker Replacements: A Human Rights Perspective," Perspectives on Work, V.10, n.1, Summer 2006
McCartin, "PATCO, Permanent Replacement, and the Loss of Labor's Strike Weapon," Perspectives on Work, V.10, n.1, Summer 2006
Staudohar, ""The Hockey Lockout of 2004-05," Monthly Labor Review, December 2005
Staudohar, "Labor Relations in Basketball: The Lockout of 1998-99," Monthly Labor Review, April 1999
Hendricks and Miller, "The Future of the Illinois Employment of Strikebreakers Act," Labor Law Journal, Spring 2006
Flynn, "No News is Good News: The Relationship Between Media Attention and Strike Duration," Industrial Relations, January 2000
LeRoy, "NLRB Rulings on Unfair Labor Practice and Economic Strikes: Empirical Evidence of Consistency," Proceedings, IRRA Annual Meeting, January 2000
Wheeler, Industrial Conflict, chaps.1,2
Kilgour, "Can Unions Strike Anymore? The Impact of Recent Supreme Court Decisions," Labor Law Journal, May 1990

Wines, "Anatomy of the AFSCME Strike at Miami University: Should Higher Education Engage in Corporate-style Strike Breaking?" Labor Law Journal Spring 2004

C. Contract Administration

Katz, Kochan and Colvin - chap. 11

Optional:

Bittel, "Arbitration: Is This Where We're Headed?" Labor Law Journal, Fall 2002
Ichniowski and Lewin, "Grievance Procedures and Firm Performance," in Morris Kleiner et al., Human Resources and the Performance of the Firm
Bemmels, "Shop Stewards Satisfaction with Grievance Procedures," Industrial Relations, October 1995
Kilberg, "Wright v. Universal Maritime Service: Can Collective Bargaining Agreements Trump Discrimination Suits," Employee Relations Law Journal, Summer 1999
Klaas, Mahony and Wheeler, "Decision-Making about Workplace Disputes: A Policy-Capturing Study of Employment Arbitrators, Labor Arbitrators and Jurors," Industrial Relations, January 2006

D. Issues in Bargaining

Katz, Kochan and Colvin - chap. 10
Dunlop - Wage Determination Under Trade Unions, Chap.3
Ross - Trade Union Wage Policy, Chaps. 1,3
Kaufman, "Models of Union Wage Determination: What Have We Learned Since Dunlop and Ross? Industrial Relations, January 2002
Malcolm Gladwell, "The Risk Pool," The New Yorker, August 28, 2006
Dworkin and Posthuma, "Professional Sports," in Clark, Delaney and Frost
Skinner and Herman, "The Importance of Costing Labor Contracts," Labor Law Journal, August 1981

Optional:

Katz, Kochan and Colvin - chap. 12
Donn, "Concession Bargaining in the Ocean-Going Maritime Industry," Industrial and Labor Relations Review, January 1989
Eibner and Marquis, "Employers' Health Insurance Cost Burden, 1996-2005," Monthly Labor Review, June 2008
McMenamin, "A Time to Work: Recent Trends in Shift Work and Flexible Schedules," Monthly Labor Review, December 2007
Fisher, "Emerging Trends for EAPs in the 21st Century," Monthly Labor Review, February 2002
Wolkinson and Nichol, "Union-Management Negotiations of Nurse Staffing Issues in Hospitals," Proceedings Industrial Relations Research Association, Washington, D.C., January 2003
Roberts and Lundy, "Does Collaborative Bargaining Make a Difference in Nursing Agreements," Proceedings Industrial Relations Research Association, Washington, D.C., January 2003
Gray, et al., "Cooperative Provisions in Collective Bargaining Agreements," Monthly Labor Review, January 1999
Dunlop - Wage Determination Under Trade Unions, Chap. 4
Ross - Trade Union Wage Policy, Chap. 2
Nardone, et al., "Measuring Job Security," Monthly Labor Review, June 1997
Gray, et al., "Collective Bargaining Agreements: Safety and Health Provisions," Monthly Labor Review, May 1998
Deily, "Wages in the Steel Industry: Take the Money and Run?" and Williams, "Commentary," Industrial Relations, April 1998
Costo, "Trends in Retirement Plan Coverage Over the Last Decade," Monthly Labor Review, February 2006
Weller and Wenger, "The Retiree Health Insurance Crisis Leaves Workers Between a Rock and a Hard Place," Perspectives on Work, V.9, n.2, Winter 2006
Weller, "America Needs a More Balanced Economy," Perspectives on Work, V.10, n.1, Summer 2006
Hutchens and Grace-Martin, "Employer Willingness to Permit Phased Retirement: Why Are Some More Willing Than Others?" Industrial and Labor Relations Review, July 2006
Allen, Clark and Ghent, "Phasing into Retirement," Industrial and Labor Relations Review, October 2004

IV.A. Public Sector Bargaining

Katz, Kochan and Colvin - chaps. 13 & 10
Masters, "Reforming Human Resource Management in the Federal Sector, " Perspectives on Work, V.9, n.2, Winter 2006
Donn - "Alternative Impasse Procedures in the Public Sector," Labor Law Journal, August 1981
Goldberg, "A Modest Proposal for Better Integrating Collective Bargaining and Interest Arbitration," The Labor Lawyer, V.19, n.1, Summer 2003

Optional:

Delaney and Feuille - "Police" in Lipsky and Donn, Collective Bargaining in American Industry
Hebdon and Stern, "Do Public Sector Strike Bans Really Prevent Conflict," Industrial Relations, July 2003
Hebdon, "Public Sector Dispute Resolution in Transition," Belman, et al., Public Sector Employment in a Time of Transition
Lund and Maranto, "Public Sector Law: An Update," Belman et al., Public Sector Employment In a Time of Transition
Partridge, "A Reexamination of the Effectiveness of No-Strike Laws for Public School Teachers," Journal of Collective Negotiations in the Public Sector, no. 4, 1988
Simon, "Dismantling the Civil Service: A Labor Perspective on Developments Affecting Federal Labor Relations," Perspectives on Work V.7, n.1, 2003
Orr, "Serving the Public Interest: A Management Perspective on Developments Affecting Federal Labor Relations," Perspectives on Work V.7, n.1, 2003

B. Railway Labor Act

Morris, "A Tale of Two Statutes: Discrimination for Union Activity Under the NLRA and RLA," photocopy
Johnson, "Airlines," in Clark, Delaney and Frost

Optional:

Kochan, et al., "Options for Rebuilding Airline Labor Relations," Perspectives on Work, Winter 2004
Gittell, von Nordenflycht, and Kochan, "Mutual Gains or Zero Sum? Labor Relations and Firm Performance in the Airline Industry," Industrial and Labor Relations Review, January 2004
Arouca and Perritt, "Transportation Labor Regulation: Is the Railway Labor Act or the National Labor Relations Act the Better Statutory Vehicle?" Labor Law Journal, March 1985
von Nordenflycht and Kochan, "Labor Contract Negotiations in the Airline Industry," Monthly Labor Review, July 2003
Albrecht, "'We are on Strike!' The Development of Labor Militancy in the Airline Industry," Labor History, February 2004
Krislov, "Representation Elections in the Railroad and Airline Industries, 1955-1984," Labor Law Journal, April 1988
Kahn, "The Eastern Airlines Strike: Collective Bargaining Implications," IRRA Annual Meeting, Proceedings, Atlanta, December 1989

C. Agriculture

Martin, "Agriculture," in Voos, Contemporary Collective Bargaining in the Private Sector

Optional:

Cunha, "Reducing Illegal Migration Through a Legal Work Program," Perspectives on Work Summer 2004
Goldstein, "Migrant Farm Workers at the Cutting Edge of Immigration Policy," Perspectives on Work Summer 2004
Thompson and Martin, "Immigration Reform and the Agricultural Labor Force," Proceedings, Industrial Relations Research Association, Spring 1991
Gabbard and Perloff, "The Effects of Pay and Work Conditions on Farmworker Retention," Industrial Relations, October 1997
Moretti and Perloff, "Use of Public Transfer Programs and Private Aid by Farm Workers," Industrial Relations, January 2000

D. Collective Bargaining in Canada

Thompson and Taras, "Employment Relations in Canada," Bamber, Lansbury and Wailes, International and Comparative Employment Relations 4th Edition
Taras, "Explaining Canadian-American Differences in Union Density," Proceedings, IRRA, January 2001

Optional:

Katz, Kochan and Colvin - chap. 14
Godard, "Do Labor Laws Matter: The Density Decline and Convergence Thesis Revisited," Industrial Relations, July 2003
Cramton et al., "Impacts of Strike Replacement Bans in Canada," Labor Law Journal, September 1999
Jain and Singh, "The Effects of the Use of Strike Replacements on Strike Duration in Canada," IRRA, Proceedings of the Annual Meeting, January 1999
Rose and Chaison, "Linking Union Density and Union Effectiveness: The North American Experience," Industrial Relations, January 1996
Gomez, Lipset and Meltz, "Frustrated Demand for Unionization: The Case of the United States and Canada Revisited, Proceedings, IRRA, January 2001

V. Conclusions

Katz, Kochan and Colvin - chap. 15
Cutcher-Gershenfeld and Kochan, "Taking Stock: Collective Bargaining at the Turn of the Century," Industrial and Labor Relations Review, October 2004