Arthur T. Matthews J.D
Adjunct Assistant Professor
Labor–Management Cooperation Winter 20144
Adjunct Assistant Professor Arthur T. Matthews J.D
atm1@nyu.edu
Labor and Human Resources Catalyst, Negotiator, Mediator, Arbitrator
Friday-Saturday 9:00-5:00pm January 24th and January 25th, 2014
Course Description
Ever-growing financial constraints have made the need for high-performing, competitively
priced workforces an increasing priority for the public, private, and non profit sectors.
Cooperative relations between labor and management teams are a key element of
workplace productivity. This course emphasizes the need to promote cooperative relations
between labor and management as a problem-solving approach to organizational
effectiveness. Both labor and management perspectives on the trend are included. The
emphasis is on discussing practical applications to develop cooperative relationships in
public service organizations. This course is appropriate for professionals at all levels who
seek to improve the relationships among staff and the organization's productivity.
Course Objective
This course will provide an intensive and strategic analysis of the relationship between
labor and management particularly as it pertains to topical illustrations of the nuances and
dynamics of spearheading collaborative techniques that contribute to best in class labormanagement relations. Critical to any understanding of the ebb and flow in this field is a
strong foundational basis of the often confrontational history of unions and management.
In this regard the student will be exposed to traditional advocate organizations such as the
American Federation of Labor-Congress of Industrial Organizations (AFL-CIO) and the
National Association of Manufacturers ( NAM). In addition other organizations in the
field will be analyzed and discussed such as the Labor and Employment Research
Association (LERA), the American Arbitration Association (AAA) and the Federal
Mediation and Conciliation Service (FMCS). The role that the latter three organizations
will be discussed specifically in the context of how they work with both labor and
management to achieve best in class results for this rapidly evolving industry.
Moreover the student will be empowered to understand the profound impact that federal,
state and local laws have had in the field of labor-management relations. These laws
include, but are not limited to the Wagner Act of 1935 which created collective bargaining
in the private sector, the Taft-Hartley Act of 1947 which created right to work states and
FMCS and the New York State Taylor Law of 1967 which governs the relationship
between and among public employers and municipal employees. Appropriately agencies
such as the National Labor Relations Board and the Public Employees Relations Board
will also be examined, showcased and dissected. Furthermore the expanded use of
alternative strategies for resolving labor-management conflicts will provide a critical
perspectives and insight for the course. Concepts such as Interest Based Bargaining,
Mutual Gains, Mediation and Arbitration and the impact on labor and management will be
articulated, emphasized and examined Lastly another highlight of the course will be an
individual inventory which will be administered to determine how engaging each leader
could be in the context of labor-management relations.
Special Feature
Each year a subject matter expert or a group of industry experts is invited to
provide a unique perspective on the “State of Affairs” of the labor-management
relations industry. This year we will have a handful of both union and management
leaders who will be engaged in a spirited discussion in the format of a colloquium
as it relates to the good bad and ugly of labor-management relationships. The
panelists have been asked to provide best practices and to also articulate “pain
points” that they have observed or been a stakeholder in. This year the panel will
be convened on our first day of class on Friday January 24th from 3pm to 5pm.
Pre-Assignment
1. View the multimedia piece below and be prepared to discuss in class.
www.archive.org/details/WorkingT1951
It is titled “Working Together: A Case in Labor-Management Cooperation. It is a 1951
film (22 minutes) which depicts the actual relationship between management and the
union at the New Jersey plant of the American Lead Pencil Company This piece is being
offered to specifically provide a historical perspective of the often competing dynamics
that exist between management and labor. Be prepared to discuss in class from your lens
what was compelling, thought provocative and still pertinent to the relationship between
management and labor today.
2. View the multimedia piece and write a 250 word reflection document
(Pass/Fail) This assignment is due at 9am on the first day of class.
http://youtu.be/NLLbcCB5PXs
How to Optimize Labor Management in Your Organization (Healthcare
Financial Management Association) 55:23 July 2013
Query? What were two learning outcomes you gleaned from watching this
presentation?
Reading Resources & Multimedia
http://www.lmrcouncil.gov/metrics/index.aspx
Labor-Management Forum Metrics Reports
http://youtu.be/QuoRH0ZVU0I
National Council on Federal Labor Management Relation's Webinar on PreDecisional Involvement
http://www.fmcs.gov/assets/files/Public%20Affairs/2009%20Documents/FMCS_Build
ing_LM__Relationships.pdf
A Winning Combination- Building Labor-Management Relationships
http://money.cnn.com/2013/07/15/news/companies/twinkies-hostess-jobs/
Twinkies are Back but Most Jobs are Not
http://www.fmcs.gov/internet/itemDetail.asp?categoryID=39&itemID=24405
FMCS Director George Cohen Hosts White House Labor and Management
Partnership Summit
http://youtu.be/_TnaknmgqjI
Should Public Employees Have the Right To Strike?
http://www.npr.org/2013/11/13/245057690/case-tests-high-courts-stance-on-unionsand-organizing
Supreme Court Questions Labor-Management 'Neutrality' Pacts
http://youtu.be/Q6L4EBvt7PE
Benefits of Labor-Management Collaboration in New York State
Learning Outcomes
1. Augment the understanding of each student to the dynamics, nuances and challenges
of the relationship between labor and management and how labor-management
cooperation can be a competitive advantage.
2. Empower each student with the foundational knowledge, ability and skills needed to
properly manage labor relations from a union or management perspective.
3. Develop strategies for decompressing, defusing, disarming and deflecting conflict
between individuals and groups in a labor-management setting
4. Understand the leadership required and the rules of engagement for embracing
mutual gains, win-win bargaining and integrative bargaining.
.
Grading
Deliverable
Individual Participation
Article Assignment* (Due the 2nd day of class)
Pre-assignment
Exam
In class group/team exercises
Total
Percent of Grade
20%
20%
20%
20%
20%
100%
*Select a topical article or newsworthy event and provide a two paragraph written
summary (or oral summary**…you choose!) of why it is relevant to our study of
Labor-Management Cooperation. The content can be extrapolated from a blog, webcast,
podcast, video, article et al. In the summary students must be prepared to answer
fundamental questions such as:
 Who are the stakeholders in this labor-management conundrum?
 What is the relationship between the union and the employer? (adversarial,
cooperative et al)
**The oral presentation option gives you 2 minutes to present in class.
Expectations and Rules of Engagement
1. All beepers and cellular phones should be either off or on "vibrate" only
2. As a matter of respect and courtesy for others please refrain from conducting side
bar conversations while the Professor is talking and/or while other students are
participating in a class discussion.
3. Students are expected to conduct themselves above even the suspicion of
impropriety on any exam or assignment. This includes but is not limited to
copying work, plagiarism and unauthorized collaboration.
4. Respect all opinions, participate, ask questions, and challenge each other
constructively. Embrace the concept of respectful contrary.
5. Share educational and professional experiences.
Exam
The exam is predicated on a comprehensive and detailed understanding of the concepts
covered during the lecture and group discussions. The exam may include fill in queries,
multiple choice questions and case studies or scenarios requiring application of strategy,
knowledge, and situation solving techniques. In the event that there is an exceptionally
compelling, documented reason for missing the exam, a make-up may be given however it
may not be the same type, length or format as the original exam. The exam will be
administered on Saturday morning January 25th.
Course Policies
You must have access to the class NYU Classes. All announcements and class related
documents will be posted here. If you have not activated your NYU net account or have
forgotten your password, you can activate or change your password at
http://start.nyu.edu. Your account must be activated to access the NYU portal .
Attendance and Participation Policy
The quality of your class experience (and your grade) depends upon you being in class and
actively contributing. Because this is a class with only two sessions any absence/tardiness
will result in your grade being penalized.
Late Assignment Policy
Extensions will be granted only in case of emergency. Late submissions without
extensions will be penalized ½ letter grade per day (B+ to B, e.g.).
Students with Disabilities
Any students requiring accommodations should contact me to make proper arrangements
before January 2, 2012. Please be prepared to share your documentation from the NYU
disabilities office regarding appropriate accommodations.
Statement of Academic Integrity
As members of the NYU Wagner community, we are all expected to adhere to high
standards of intellectual and academic integrity. An example of how NYU describes
academic integrity is available at http://www.nyu.edu/cas/map/integrity.pdf. This is a
good resource for issues of academic honesty. As a reminder all exams and writing
assignments must be the sole work of the individual student.
Pedagogy
The thrust of the teaching methodology will encompass a complete understanding of the
visual, auditory and kinesthetic needs of the student. My teaching style is motivational and
I proudly embrace, execute and operationalize Appreciative Inquiry and the Socratic
method in the pursuit of critical thinking. Moreover as a strategy for validating a plethora
of perspectives I am a huge supporter of in-class brainstorming not blamestorming.
Furthermore I embrace the concept of respectful contrary encouraging that different
opinions be expressed in the classroom. My mantra is to create a safe environment and
sanctuary for discourse and debate. It is perfectly appropriate for students to have
substantive differences of opinion as long as they do not become personal. In the final
analysis the overall classroom experience will be augmented and enhanced by an individual
leadership inventory, think/pair/share exercises, small group/team exercises, power point,
large group exercises, fishbowl exercises, case study analysis and the possibility of a tap out
exercise depicting a negotiation and or mediation in the spirit of labor-management
cooperation.
Friday January 24th, 2014 (Subject to Modification)
TOPIC
Labor Management
Rules of Engagement
OBJECTIVES
METHOD
TIME
Lecture
9:00-10:00

Broaden understanding of
the historical nexis between
management and labor
So Who are the
Players/Stakeholders?

Lecture
10:00-10:30
Can Union and
Management officials
be Engaging Leaders?
The primary symptoms
of Conflict

Provide exposure to
organizations such as the
AFL-CIO and the National
Association of
Manufacturers
Present Engaging Leader
leadership style
Short Inventory and
Debriefing
10:30-10:45
Identify the root causes of
conflict in the labor
management portfolio
Lecture, Power Point
and Interactive
Exercise
10:45-11:00

BREAK
Labor Management
Strategic Due
Diligence: What You
Need to Know!
Mutual Gains
Bargaining (MGB)

Increase mastery and skills
about laws and workplace
policies
Lecture

Illustrate the Business Case
for Labor Management
Cooperation
LUNCH
Lecture and
Interactive Exercise
Foster innovative
awareness around strategies
for agreement
Present topical strategies
Group Interactive
Negotiation Exercise
1:15-1:45
Lecture
1:45-2:45
Negotiating Competing 
Interests
Emotional Intelligence
in Labor Management
Relations

Guest Presenters
11:45-12:15
12:15-1:15
BREAK
A Inside Perspective of
Labor-Management
Cooperation
11:00-11:15
11:15-11:45
2:45-3:00
Group Discussion and
Q&A
3:00-5:00
Saturday January 25th, 2014 (Subject to Modification)
TOPIC
Examination
The Mediation and
Arbitration Impact on
Labor Relations
7 Top Strategies for
Benchmarked
Negotiators
Organizational
Spotlight: How FMCS
Impacts Labor
Management
Cooperation
OBJECTIVES
METHOD

Leverage the transfer of
knowledge
Individual
9:00-10:30

Create a perspective on
ADR in the labor
management context
Present best practices
Lecture
10:30-10:45
Discussion
10:45-11:00
Lecture and Power
Point
11:00-11:15


Dissect the inner workings
of FMCS
BREAK
Enhanced
Communication

Cultural Competence
and Microinequities
and the connection to
Labor Management
Cooperation

Increase Communication
and Negotiation Mastery
and Skills
Foster awareness about
cutting edge strategies and
tactics
Coin Exercise
Lecture, Power Point
and fishbowl
demonstration
LUNCH
The Inner Workings of
the Labor
Management
Conundrum
Labor Management
Future Strategies

Expose students to little
known labor-management
facts

A Perspective
Leadership Plan
Framework

Simulation of labor
management
negotiation/mediation
process
Closure
11:15-11:30
11:30-11:45
11:45-12:15
12:15-1:15
Large group
interactive exercise
Lecture & Interactive
BREAK
Concept Application 
through Case Studies
TIME
1:15-2:00
2:00-3:00
3:00-3:15
Team Exercise/Small
Group Interactive
(Fishbowl)
3:15-4:45
Individual
4:45-5:00