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