Labor–Management Cooperation

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Arthur T. Matthews J.D
Adjunct Assistant Professor
Labor–Management Cooperation
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 6th and January 7th, 2012
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 analysis of the relationship between labor and
management particularly as it pertains to topical illustrations of strategic and
collaborative techniques that contribute to best in class labor-management relations.
Critical to any understanding of the unique dynamics 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, the American Arbitration Association and the Federal Mediation and
Conciliation Service. Moreover the student will be empowered to understand the
profound impact that federal, state and local laws have had in the field of labormanagement 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 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 and showcased. 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, Mediation and Arbitration and the impact on labor and management
will be articulated, emphasized and dissected. In addition 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. Lastly
there will be a segment with a guest speaker(s) which will provide an inside
perspective of labor-management relations.
Pre-Assignment
1. www.archive.org/details/WorkingT1951
View the above media piece which 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 a New Jersey
plant in 1937. 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. New Model for Managing Labor-Management Conflicts With Early Third
Party Intervention International Agencies Meeting Cardiff, Wales –
September 2011 George Cohen, Director
Federal Mediation and Conciliation Service (FMCS)
Go to fmcs.gov and under resources look under speeches and presentations.
Download the above document and in a 2-3 pages double-spaced 12 font
answer the following questions:
A. Identify the divergent stakeholders cited in the paper. What vested interest
did each stakeholder have?
B. The paper discusses some key legislation including, but not limited to
executive orders that impact the relationship between management and
unions. Why is the aforementioned such an important part of the labormanagement relationship?
C. After your analysis what was and continues to be the specific ROI that
FMCS provides?
Learning Outcomes
1. Augment the understanding of each student to the dynamics, nuances and
challenges of the relationship between labor and management and how labormanagement 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. Absorb topical concepts such as emotional and social intelligence, microinequities
and managing diversity and inclusion in the context of labor relations
.
Grading
Deliverable
Percent of Grade
Participation
Article Synopsis* (Due the 2nd day of class)
Pre-assignment
Exam
In class team exercises
Total
20%
20%
20%
20%
20%
100%
*Select a topical article or newsworthy event and provide a two paragraph written
summary of why it is relevant to our study of Labor-Management Cooperation. In the
summary students must be prepared to answer fundamental questions such as:
 Who are the stakeholders?
 What is the relationship between union and organization? (adversarial,
cooperative et al)
 What is the business case for collaboration vs. competitiveness?
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 in the context of labormanagement relations.
Additional Suggested Resources
Cornell University School of Industrial and Labor Relations (ILR)
Bureau of National Affairs (BNA)
Society for Human Resources Management (SHRM)
Labor Research Association (LRA)
Federal Mediation and Conciliation Service (FMCS)
Labor-Management Reporting and Disclosure Act of 1959 (LMRDA)
National Association of Manufacturers (NAM)
Labor and Employment Relations Association (LERA)
American Federation of Labor-Congress of Industrial Organizations (AFL-CIO)
American Arbitration Association (AAA)
Labor Relations Press (LRP Publications)
National Labor Relations Board (NLRB)
Exam
The exam is predicated on a comprehensive and detailed understanding of the concepts
covered in 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 problem-solving techniques. In the event that there is an
exceptionally compelling, documented reason for missing the exam, a make-up may be
given, but only at the instructor’s discretion. However, any make-up need not be of the
same type, length or format as the original exam.
Course Policies
You must have access to the class Blackboard site at http://classes.nyu.edu/ .
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
Blackboard.
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.
Friday January 6th, 2012 (Subject to Modification)
TOPIC
Labor Management
Rules of Engagement

So Who are the
Players/Stakeholders?

Can Union and
Management officials
be Engaging Leaders?
The primary
symptoms of Conflict


OBJECTIVES
Broaden understanding of
the historical nexis
between management and
labor
Provide exposure to
organizations such as the
AFL-CIO and the
National Association of
Manufacturers
Present Engaging Leader
leadership style
Identify the root causes of
conflict in the labor
management portfolio
METHOD
TIME
Lecture
9:00-10:00
Lecture
10:00-10:30
Short Inventory and
Debriefing
10:30-10:45
Lecture, Power Point
and Interactive
Exercise
10:45-11:00
BREAK
Labor Management
Due Diligence: What
You Need to Know!
Mutual Gains
Bargaining (MGB)
Negotiating
Competing Interests



Emotional Intelligence 
in Labor Management
Relations
Increase mastery and
skills about laws and
workplace policies
Illustrate the Business
Case for Labor
Management Cooperation
LUNCH
Foster innovative
awareness around
strategies for agreement
Present topical strategies
Lecture
Lecture and
Interactive Exercise
Guest speaker(s)
Engage in open discussion
11:45-12:15
12:15-1:15
Group Interactive
Negotiation Exercise
1:15-1:45
Lecture
1:45-2:15
2:15-2:30
BREAK
A Inside Perspective
of Labor-Management
Cooperation
Pre-assignment

Debrief
11:00-11:15
11:15-11:45
Group Discussion
and Q & A
2:30-4:30
Large Group
Interactive
4:30-5:00
Saturday January 7th, 2012 (Subject to Modification)
TOPIC
Examination
The Mediation and
Arbitration Impact on
Labor Relations
7 Top Strategies for
Benchmarked
Negotiators
Organizational
Spotlight: How the
Federal Mediation and
Conciliation Service
Impacts Labor
Management
Cooperation




Enhanced
Communication

Cultural Competence
and Microinequities
and the connection to
Labor Management
Cooperation

OBJECTIVES
Leverage the transfer of
knowledge
METHOD
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
Increase Communication
and Negotiation Mastery
and Skills
Foster awareness about
cutting edge strategies and
tactics
Coin Exercise
Lecture, Power Point
and fishbowl
demonstration

Expose students to little
known labor-management
facts

A Perspective
Large group
interactive exercise
Lecture & Interactive

Leadership Plan
Framework

Simulation of labor
management committee
process
Closure
11:45-12:15
1:15-2:00
2:00-3:00
3:00-3:15
BREAK
Concept Application
11:15-11:30
11:30-11:45
12:15-1:15
LUNCH
The Inner Workings
of the Labor
Management
Conundrum
Labor Management
Future Strategies
TIME
Team Exercise/Small
Group Interactive
(Fishbowl)
Individual
3:15-4:45
4:45-5:00
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