Labor–Management Cooperation

advertisement
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
Download