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The __________ step of the greivance procedureinbolbes union grievance committee members and management's labor relations representatives being brogut in to discuss the supervisor's first-step answer
second
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The third step of the greivance procedure includes the individuals from step 2, but also includes the labor manager and other management officials (such as a general foreman, superintendant, or assistant plant manager) members of the unions grievance committee, and the union's international union representative. These individuals are added because
the grievance answer at this level could affect company-wide operations, and both management and union representatives wish to obtain as much input as possible before making the decision
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In the fourth step of the grievance procedure, a third-party neutral mau furnish either
a final, binding arbitration decision, or help the parties to resolve the issue themselves through mediation
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Succesful greivance mediation depends on
the ability of the mediator and the motivation of the parties
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The United States Porstal Service engages in
transformation mediation
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The union steward has a _________ capability that says it is not necessary to consult with first line supervisors or the employee prior to filing a greivance
Bypass
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_________ suggests that first-line supervisors should have the authority to resolve grievances at the first steop of the procedure to give the employee a prompt response
codified relationships
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Involves trading away grievances dispatching cases orginally set for arbitration, some argue this violates the duty of fair representation.
third and one half step in the greivance procedure
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considered the union's fair representation obligation i the grievance procedure involved an employee with high blood pressure claiming that the union refused to take his claim to arbitration. supreme court ruled that the union acted in good fairth
vaca vs. sipes
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7 golden rules of the union's duty of fair representation
- 1.Consider all grievences solely on their merits
- 2. Investigate each greivance promptly and vigorously
- 3.do not miss time limts
- 4.keep records
- 5.keep the greivant informed
- 6. have a valid reason for any action
- 7 If the greivance lacks merits drop it
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Bowen, USP worker whose case went to the supreme court regarding altercation with another employer who pursued greivance remedy but the national office refused to take
Supreme Court found both employer and union responsible for the discharge
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First occured in us in 1865
arbitration
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Provided for final resolution of disputes interrupting work that contributed to the war effort
Roosevelts Executive order 9017
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Supreme Court ruling that said parties could bring suit against a party that refused to arbitrate a labor dispute for violation of the labor agreement under section 301 of the LMRA
Lincoln Mills
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Involved a 1969 strike over work given to bargaining unit personnel. Union struck even though the labor agreement required arbitration supreme court sided with management that the process of the agreement should have been followed
boys market decision
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Method used by the American Arbitration Association that involves striking names of arbitrators who are not succesful and then ranking 1 most preferred etc. The arbitrator selected will be the one who recieves the highest rank amoong those remaining
striking and ranking
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Two perspectives on the arbitration process
- 1. Informal Quasi-litigation (legilistic approach) designed to resolve a dispute between parties
- 2. Part of the ongoing collective bargaining process designed to facilitate conflicht resolution (problem solving approach)
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Arbitration has a _________ value by allowing a grievant to openly air a conpang against a mangement decision
cathartic
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1974 Supreme Court Ruling that said the arbitrators expertise pertains to labor agreement intepretation and not to resolving federal civil righs lawS, but th e________ decision may enable arbitratos instead of the EEOX and the courts to resolve a discrimination grievance filed under the terms of a collective bargaining agreement
Gardner-Denver decision/Gilmer decision
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NLRB deferrel to arbitration policy was formulated in the ____________ and upheld in the ______ case
spielberg manufacturing company case/collyer case
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Challanged managements total discretion to discipline employees in 1935
Frederick Taylors theory of scientific management
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Legally shaped managements disciplinary policies
Wagner Act of 1935
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The three broad powers arbitrators have on discipline
- 1. Determine what constitutes just cause for discipline
- 2. Establish standards of proof and evidence
- 3. review and modify or eliminate the penalty imposed by management when warranted
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Disciple can improve efficiency by accomplishing the following interraleted purpose
- To set an example of appropriate behavior
- To transmit rules of the oftanization
- To promote efficient production
- To maintain respect for the supervisor
- To correct an employees behavior
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Discharge is ____ rather than ___- and is appropriate only when all other attempts at correction have failed or the nature of the offense is so heinous lesser forms of discipline are inappropriate
terminal corrective
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Many arbitrators and supreme court in Dennis O' Conner v. Magno Ortega permitted evidence obtained
without the employees knowledge
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Written work rules must be reasonable, clear, and state the consequences of their violation
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Focuses on the purpose or rationale of the work rules to ensure that an emplooyee has not been arbitrarily disciplined or discharged
substantive due process
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Is a form of due process usuall covered in the labor agreement and includes language such as the right t oa fair and impartial fact-finding process
Procedural due process
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Pertained to an employee who was believed to have paid only a fraction of the price of food she took out of the store. Told management she repeatedly asked for union representation, but was denied it. NLRB decided that management did commit an unfair labor practice violating section 8 of the NLRA by denying the employee union re[resentation
Weingargen decision
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Although union representation must be given to an employee when the employee reasnonably believes an investigation couild result in disciplinary action. The employer ___________
has no legal requirement to bargain with any union representative who attends the interview
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NLRB was appealed throught the courts and eventually upheld by the
Supreme Court
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Assigning an employee a more sever penalty than the one originally given
double jeopardy
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