Deck 10: Flexibility, Empowerment, and Partnership

Question 1

Did the plant council violate the NLRA? Hint: Remember to consider both Section 2(5) and Section 8(a)(2).

Answer 1

Violation of section 8(a) (2) and section 2(5) by plant council
National labor relation act section 8(a)(2) states that any interference or domination by the employer pertaining to the administration or formation of any labor organization. Thus this section also prohibits employer from providing other support or contributing financially to a labor organization.
On the other hand national labor relation act section 2(5) basically defines the labor organization as any agency, committee for representing employees, organization of any kind which exists for well defined purpose and requires participation on the part of the employees. Thus this section provide relief to the labor organization in context to labor disputes, concerning grievances, hours of employment and rates of pay.
In this case, W plant council is a labor organization pertaining to section 2(%) of the national labor relation act. Thus W interfered and dominated in the underlying administration or formation of the plant council. Since all the meetings of the plant council takes place in the premises of W and he provide compensation to the employees pertaining to the time spent on meetings of plant council.
Thus all such support is being provided by W to ascertain the benefit by involving employees in decision process. However there is no requirement pertaining to specific motive of interference or finding of antiunion animus according to section 8(a) (2). Thus the records show that employees of W are happy on being member of the plant council.
Hence it is ascertained that pertaining to the above mentioned finding it can be concluded that W violated section 8(a) (2) of the national labor relation act.

Question 2

Do the organizing drive events change your answers to the previous questions?

Answer 2

Organizing drive events
Organizing drive basically involves focusing on the prospective members who are less newsworthy as they may or may not join the union. Since, during the organizing drive the employer put his actions towards convincing the employees that best interest of the company and the employee is eroded if they join the union. However such conversation should not violate the permissible speech as prescribed by NLRA.
In this case, employees come across the view of employer pertaining to unionization. However law does not entitle the employer to have any interface with the right of the employees to engage and organize in concerted activity and discrimination designed by the employer in order to discourage or encourage membership pertaining to labor organization.
Thus the line between the unlawful and lawful expression of the employer and conduct in the campaign organized by union is not always clear. Since communication in the union does not involve employee coercion or restraint as union does not hold control over the business of employer. However in case of physical or verbal assault on workers union violates the national labor relation act.
In case of steering committee organizing drive violates national labor relation act section 8(a)(2). Since it interfere or dominate the administration or formation of any labor organization. However section 2(5) on other hand basically defines the labor organization as any committee for representing employees, organization of any kind that requires participation on the part of the employees. Thus such organizing drive violates the same as it obstructs formation.
In case of plant council, all such support is being provided by W to ascertain the benefit by involving employees in decision process. However there is no requirement for specific motive of interference or finding of antiunion animus according to section 8(a) (2). Thus the records show that employees of W are happy on being member of the plant council. Hence W violated section 8(a) (2) of the NLRA if organizing drive is undertaken.
Hence it is ascertained that undertaking organizing drive will change answer to the case of steering committee. However the answer for the plant council situation remains the same.

Question 3

Is this breaking of the psychological contract ethically acceptable? Hint: Use the ethical analysis template from Chapter 5. If not, what would you have management do to remedy the situation?

Answer 3

Job control unionism
Job control unionism basically refers to resulting pattern pertaining to traditional unionized policies and practices in post war period. Thus underlying principles involves standardized, narrow jobs and emphasis on sole authority instead of traditional function of management such as firing, hiring, determining job content, assigning work and deciding upon what to produce and where, how to make the same.
Therefore the underlying strengths pertaining to the job control unionism is shown below:
• It provides support pertaining to manufacturing requirements on mass scale in order to have predictable and stable production
• It helps serve equity and efficiency by undertaking quasi legal workforce rule application, peaceful and industrial justice through collective bargaining.
• It is capable of fulfilling the need of the union leaders without undertaking the wild cat strikes for ascertaining countering managerial authority.
Therefore the underlying weaknesses pertaining to the job control unionism is shown below:
• Extensive work rule obstructs the flexibility pertaining to change job definitions, move workers around and adjustment of production methods.
• Job control unionism does not follow practice of involving employees in the decision making which limits the opportunity for ascertaining ideas of workers for improvement and productivity in operation
• Employees are not entitled to raise their voice since change is slow and issue requires formal procedure to be followed in order to attain resolution for the issue.
Job control unionism has not outlived their usefulness. Since the new laws pertaining to cutting back of workforce by employers, try to ascertain more work from existing workforce and the economic downturn. Thus employer are adopting layoff practice and increasing work pressure on the employees remaining in the company.
However if such trend continues employees start feeling that they are over burdened with the work at the workplace. Thus longer the period of such trend more will be the rise of union from which employees may seek some help to counter attack such practice by the employer.

Question 4

How do these tasks apply to the specific context of moving from a traditional scientific management work organization system to a flexible, team-based production system with high degrees of employee empowerment?

Question 5

What are the major strengths of job control unionism? The major weaknesses? Has job control unionism outlived its usefulness?

Question 6

In a unionized environment, should these tasks be pursued by management alone or jointly with the union? What is the role of the collective bargaining process?

Question 7

Full-fledged labor-management partnerships are rare. Why? In your answer, do not blame only labor unions. In other words, be sure to identify reasons why a variety of stakeholders (shareholders, managers, employees, and union leaders) might resist the formation of labor-management partnerships.

Question 8

Suppose you are the HR manager at a small unionized manufacturer of auto parts located in a small town in the South. The production work is repetitive and routine, and there are no particular skills or educational requirements for the production employees. Nearly all the parts produced are sold to one major automaker. This automaker demands a 10 percent price cut. To reduce labor costs, do you use an escape, forcing, or fostering strategy with the union? Why? Now suppose instead that you are the HR manager for a local school district where the teachers are unionized. To balance the state budget, the school district's budget is cut by 10 percent. Do you take the same approach as in the auto parts scenario? Why or why not?

Question 9

Recall the pluralist industrial relations and unitarist human resource management schools of thought from Chapter 2. Assume that labor leaders adhere to the pluralist industrial relations school of thought and that management adheres to the human resource management school of thought. How does the contract between these two schools help increase the understanding of management's emphasis on "cooperation" versus labor's emphasis on "participation?" How do the two schools help increase the understanding of different perspectives on nonunion representation and the Electromation controversy?

Question 10

While not sharing its concern for psychological motivators and rewards, Frederick Winslow Taylor?s views demonstrate the human resource management school?s perspectives on employment relationship conflict and labor unions. Explain.

Question 11

Do the issues committees constitute a labor organization?

Question 12

Assuming that the issues committees are a labor organization, do they violate the NLRA?

Question 13

If Tratelemonioc violated the NLRA, what is the appropriate remedy?

Question 14

If Tratelemonioc violated the NLRA, does this ruling mean that labor law needs to be reformed to allow for employee participation plans?

Question 15

Did the employee involvement steering committee violate the NLRA? Hint: Remember to consider both Section 2(5) and Section 8(a)(2).