Exam 8: Impasse, Strikes, and Dispute Resolution

A mediator has a high level of control over the outcome of negotiations but not over the way negotiations are conducted.

Interest arbitration is voluntary in the private sector but often mandatory in the public sector.

Not all strikes are created equal.Describe the various kinds of strikes that might be used by employees and explain how they are treated under the law.(15 minutes)

Explain the circumstances under which a U.S.president is allowed to intervene in a labor dispute between management and a union that has resulted in a strike.

In _______________________ arbitration,the arbitrator is not constrained to choose either the management or union's offer(s);rather she can make up whatever final contract terms she deems appropriate and fair.

What is the difference between an offensive and a defensive lockout and for each give an example of a situation in which an employer might want to use it.What are the rights of strikers and strike replacements in a lockout situation? (15 minutes)

Some states use a hybrid dispute resolution procedure called _______________________________ that begins with mediation and,in the event no settlement is reached,ends in final and binding arbitration.

In the U.S. ,employers have the right to hire temporary strike replacements:

The number of strikes in the U.S.has been steadily declining since around 1975.What factors are likely to explain this decline? (10 minutes)

Arbitration is said to have a(n)_______________________________ when negotiators decide to let arbitration settle their disputes instead of negotiating to the best of their ability.

The main reason that strike activity has declined since 1980 is because labor's bargaining power had declined.

The tendency of labor and management to take extreme positions in their final offers in the hopes that an arbitrator will "split the difference" between offers is known as the chilling effect.

A large grocery store is in negotiations with its baggers and checkers.To apply pressure to the store,the employees are allowed to do all of the following except:

In med-arb,the same neutral third party first tries to get the parties to reach an agreement as the mediator and,if that fails,will deliver a final and binding arbitration decision.

When state law requires parties to a labor dispute to go to arbitration for a settlement,it is known as _______________________________ arbitration.

In a(n)_______________________ strike,employees refuse to work in the hopes of forcing the employer to agree to better wages,benefits,and work rules.

A ____________________ is an employer-initiated rather than worker-initiated work stoppage during a bargaining impasse.

In the private sector,the use of third party dispute resolution is voluntary - both labor and management must agree to use it.

A(n)________________________________ occurs when employees encourage customers to stop doing business with the company they work for as a way to pressure the company to concede to union demands.

In conventional arbitration,the arbitrator can look at the final offers of each party to a dispute and create any settlement he or she deems appropriate.