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are150-2011-fall-review-questions-3-answers - University of...

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University of California, Davis Department of Agricultural and Resource Economics ARE 150 Fall 2011 Philip Martin Dist 11/1/11 [email protected] Due 11/10/11 Answers to Review Questions 3 Midterm #2 will be Tuesday, November 15 (60 points) Please type or write neatly, and put your discussion section, 4-5 or 5-6, on your answers. Each answer is worth one point. 1A. Unions consider bad-faith bargaining the “worst” employer ULP because it: (1) affects all workers in the bargaining unit, not just the typically few who are subject to discrimination etc, (2) can save the employer money by delaying the negotiation of a contract that raises wages, giving cost advantages to employers who violate the ALRA, and (3) may undermine the union’s effectiveness as a representative for workers, as when workers disappointed by the union’s failure to obtain a contract that raises wages refuse to go on strike etc. B. Unions campaign to represent workers by promising to negotiate wage and benefit improvements. If an employer delays a first contract that would raise wages by not bargaining in food faith, union members can lose faith or confidence in their union representatives, making it impossible for the union to call effective strikes in support of their contract demands. In this way, employers who break the law may be rewarded with lower wages than employers who bargain in good faith and reach contracts. C. The ALRA permits the ALRB to award make whole wages and benefits to workers who lose them as a result of employer bad faith bargaining, the difference between what the ALRB calculates would have been negotiated if the employer had bargained in good faith and what workers were actually paid during the time the employer refused to bargain in good faith. 2. Mandatory bargaining topics involve wages, hours, and other terms and conditions of employment—if an employer or union requests bargaining on a mandatory topic, there must be bargaining to agreement or impasse. Permissive topics can be raised by either party at the bargaining table, but neither side can call a strike or lockout or use a bargaining impasse to make unilateral changes on topics such as whether to put a union label on company products or to negotiate the ratio of supervisors to workers. Union-employer agreements on prohibited topics are nonbinding even if they are included in the contract, e.g., a closed-shop agreement that requires new employees to be union members before they are hired will not be enforced by the ALRB. 3A. Good-faith bargaining means that an employer must bargain with the union certified to represent its employees with the intent to reach agreement . The three requirements for good faith bargaining are: (1) to meet at reasonable times
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and places; (2) to negotiate with the intent to reach agreement; and (3) if an agreement is reached, put the agreement in writing and sign it. B. The major indicators of bad faith bargaining are:
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