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The union and management have been negotiating about wage increases for weeks, and no progress has occurred.

Frustrated, the union negotiators decided to call a strike to pressure management to offer some wage increase. At that point, management and the union continued bargaining the wage issue, but after a couple of more weeks, management simply stopped negotiating and refused to meet again for purposes of bargaining.

What is the effect of management's refusal to continue with the negotiations?

A.Management cannot now hire permanent workers to replace the strikers.

B.The employees represented by the union will be guaranteed the right to return to their jobs when the strike ends. 

C.Neither A nor B will happen. 

D. Both A and B will happen. 


The Produce Employees Union and the Grocery & Dry Goods Union both claim the right to unload trucks that arrive at the back dock of the supermarket. The Grocery and Dry Goods Union notes that it has been unloading trucks for the last twenty years without any issues raised. The Produce Employees Union says that it only wants to unload the trucks bringing in produce - vegetables and fruits - because those employees are best qualified to recognize spoiled produce while it is still on the truck, and can refuse to accept it. Otherwise, it will end up in the Produce Department, causing a lot of wasted time getting rid of the spoiled goods. 

What should management do?

A.Management should assign the work to the Grocery & Dry Goods Union, because of past practice. 


B.Management should assign the work to the Produce Employees Union because it is their product and they are best qualified to assess whether the goods are acceptable or not.


C.Management should assign the work to both unions on a rotating basis so that the employees of each union will have an opportunity to earn the money from unloading trucks. 


D.Management should file an unfair labor practice against any union that threatens a strike over this matter!


The Treasure Underwater Technicians Union (TUTU) has called a strike of its membership to protest management's decision to refuse to bargain over a job security clause in the CBA, which is currently in negotiation. Which of the following is most correct?


A.The striking workers will be entitled to get their jobs back and get back pay. 

B.The striking workers will be entitled to get their jobs back, but not get back pay.  

C.The striking workers will not be entitled to get their jobs back but may be given preferred status on a hiring list for vacancies. 

D.The striking workers will not be entitled to get their jobs back, will not get back pay, and will be fined. 

 

Mark is the Supervisor of the work unit, and Mary the Union Steward for that work unit. Both Mark and Mary have a detailed knowledge of the CBA, and the relevant arbitration decisions and the decisions settled at Steps 2 and 3 in the plant where they work. Both are considered experts. They have an effective relationship because of a mutual respect for each other, and because they can appreciate that they both are subject to the decisions of those above them who often don't know the details about how things work best in this unit. They know what power each other possesses and employs that knowledge to seek a win-win relationship in the unit.

Which of the following best describes their relationship?

A.This is a Codified Relationship.

B.This is an Empathetic Relationship

C.This is a Power Relationship

D.This is a Codified Empathetic Power Relationship.


Bo Wenn, an employee and union member, was repeatedly teased by his fellow workers, and eventually by his supervisor, too. The supervisor's teasing was the last straw, and Bo Wenn just snapped and slugged the supervisor, knocking him down. After an investigation, Wenn was discharged, and he went to the local union to represent him in his grievance to get his job back. Wenn and the union went through the first three grievance steps, then were ready to proceed to arbitration. 

When the local union contacted the higher state-wide union office to get the OK for arbitration, the state office noticed that Wenn was not a union member. He had been some years ago, but had not been for the past three years. Nevertheless, the union was required to represent ALL employees in the bargaining union, not only those who were union members. Despite this obligation, the state union denied the arbitration request, and Bo Wenn stayed fired. He took a job paying $30,000 per year, having lost his job paying $60,000 per year, and hired a lawyer to help him get his job back.

Wenn lost $30,000 each year. After five years, his lawyer was able to get the case heard by an appellate court that found that Wenn had been improperly discharged by the employer, and that the union had failed to properly represent Wenn, too. The court also found that in addition to the $30,000 per year for 5 years ($150,000), Wenn had incurred another $50,000 in loss associated with losing his home. The total award was $200,000.

The employer argued that had the union done its job, Wenn's case would have been arbitrated and Wenn would have gotten his job back in two years. The extra three years was because the union didn't represent Wenn. The employer's attorney reasoned that the employer should pay 2 of the five years, and the union three years. So the employer would pay $80,000 and the union $120,000.

Which of the following is most correct?

A.The employer will be required to pay $200,000 because it originally caused the damages to Wenn by discharging him.

B.The employer will be required to pay $150,000 and the union $50,000 based on the ability to pay principle of 42USC1983.

C.The employer will be required to pay $80,000 and the union $120,000, as reasoned by the employer's attorney.

D.Bo Wenn will get his job back but he will get no back pay.

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