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 Consultant, Negotiator, Mediator, Arbitrator P11.4120.001 Saturdays 9:00-5:00pm January 15th and January 22th, 2011 Waverly Room 366 Course Description Ever-growing financial constraints have made the need for high-performing, competitively priced workforces an increasing priority for the public, private, and nonprofit 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 labor relations. These laws include, but are not limited to the Wagner Act of 1935 which created collective bargaining in the private sector nationally , 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 be examined and showcased. Lastly 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. Lastly another highlight of the course will be a individual inventory which will be administered to determine how engaging each leader could be in the context of labor-management relations. Labor-Management Cooperation Pre-Assignment 1. The National Association of Manufacturers and the AFL-CIO are diametrically opposed on issues related to labor-management relations. Discuss two areas where each organization is fundamentally different and articulate one area where both organizations might actually attain some synergy. 2. The Employee Free Choice Act (EFCA) is one of the most important pieces of legislation for the labor movement in 75 years. What is the genesis of the proposed legislation from the union and management position? In addition based on your interpretation of the legislation identify one area that might be a source of agreement for both stakeholders. 3. Analyze the Labor-Management Project/1199 SEIU Training and Employment Funds Project with Terence Cardinal Cooke Health Care Center. (Forming an Effective Labor-Management Team) What are the top two takeaways you gleaned from reading the document (attached on blackboard) 4. View the following multimedia piece and be prepared to discuss in class the dynamics and nuances of the relationship between the parties http://www.youtube.com/watch?v=LaLDFZdfxgQ 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) 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 15th, 2011. 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. Saturday January 15th, 2011 (Subject to Modification) TOPIC Labor Management Cooperation: What is it? 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 Lecture 10:00-10:30 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 METHOD Lecture 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 speakers Engage in open discussion 9:00-10:00 11:00-11:15 11:15-11:45 11:45-12:30 12:30-1:30 Group Interactive Negotiation Exercise 1:30-2:00 Lecture and Fishbowl demonstration 2:00-2:30 2:30-2:45 BREAK A Inside Perspective of Labor-Management Cooperation Pre-assignment Debrief TIME Group Discussion and Q & A 2:45-3:45 Large Group Interactive 3:45-4:45 Saturday January 22nd, 2011 (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 Historical Perspective from the 1980’s BREAK Concept Application Leadership Plan Framework Simulation of labor management committee process Closure 11:15-11:30 11:30-11:45 11:45-1:00 1:00-2:00 LUNCH The Inner Workings of the Labor Management Conundrum Labor Management in the Public Sector TIME Large group interactive exercise Video 2:00-2:30 2:30-3:00 3:00-3:15 Team Exercise/Small Group Interactive (Fishbowl) Individual 3:15-4:45 4:45-5:00