Labor Relations Course Work
Question
MHR 612 FINAL EXAM
Instructions: Read the entire
assignment and make sure you understand the instructions before you begin writing.
SECTION ONE: Essay
Question (50 points).
Instructions: Answer the following three questions. 250 - 300
word limit
- Compare
the US labor relations system to another country of your choice. What are
the similarities and significant differences between them? In which ways do
each attempt to balance efficiency, equity, and voice? What aspect of the non-US system
could have the most benefit here and how could that be incorporated?
SECTION TWO: Short
Answer Questions (28 points).
Instructions: Answer the FOUR questions below They
are worth 7 points each. Your answers
should be about 3-5 sentences long.
1.
Name and describe four common elements included in collective
bargaining agreements.
2.
Name several of the different reasons for strikes. What
are the differences in terms of NLRB and legal protections when taking part in
them?
3.
What are the standard HRM workplace dispute resolution
procedures? How do they compare to a formal grievance arbitration process?
4.
Explain the European Works Councils: who are they, what
are their rights, and how do they operate?
5.
SECTION
THREE: Identifications (21 points)
Instructions: Answer the SEVEN questions below. They
are worth 3 points each. Your responses
should identify and briefly explain the answer in about two sentences.
1. What
is BATNA?
2. What
are Weingarten rights?
3. What
is surface bargaining?
4. What
is a management’s rights clause?
5. What
is the difference between a strike and lockout?
6. Who
was Fredrick Taylor, and how did he change business?
7. What are the four dimensions of globalization?


Solution
Labor Relations Course
Work
Section One
The similarities between the labor
relations systems of the United States and Canada indicate that both countries
have been at the forefront of ensuring that employers and unions prevent
discriminatory labor practices against employees. The labor system of the
two countries has common goals and beliefs of ensuring that employees get their
rights. The labor relations system of the U.S and America are similar because
of their working culture, as the two countries share industrial histories and
time zones. For instance, like the U.S, Canada's labor relations system has
ensured overtime rates for hourly workers, termination notice, and a minimum
wage. It is also significant from the labor relations system of the two
countries that employers have the responsibility to deduct personal income
taxes. However, there are some significant differences between the two
countries, such as the lack of a National Labor Relations Board in Canada, like
in the U.S, which help govern the entire country's unionized workforce. Further,
in Canada, the provincial government regulates working hours and overtime where
the employee is employed, unlike in the U.S, where the government is mandated
with hours of work regulation. As in the U.S, jurisdiction over employment
matters is a shared responsibility of federal, state, and local government. Another
contrast between the two countries is that in the U.S, there is a federal
minimum wage that sets a floor across the country, but in Canada, the minimum
wage is set by territories and provinces.
From the analysis of the labor
relations system of the two countries, it is clear that all of them protect collective
labor voice and union-related activity by ensuring that they resolve issues
affecting the employees to avoid strikes. They attempt to build a healthy
work-life that makes employees happier by reducing disruptive strike activity. More
importantly, it has also been that it promotes equity, voice, and efficiency by
giving unions a collective voice and bargaining power to ensure equitable
working conditions and a strong voice for employees. The aspect of the non-US
system that I think could have most benefited America's labor relations system
is increasing orientation towards social unionism. This can be incorporated
through the labor rights law of the country as that will make it effective.
Section Two
Collective bargaining agreement is a vital
legal agreement between an employer and a union representing the employees. In
most instances, CBA results from an extensive negotiation between parties
regarding terms, wages, and conditions of employment. From the definition of
CBA, it is clear that the four elements that are included in this agreement
include health and safety, work conditions, wages, and benefits. Wage is part
of the common elements included in CBA because it helps promote cooperation and
productivity by ensuring that employees get additional payment. Also, the working
condition is another vital element of CBA because it helps the employer improve
the workers' working environment. Health and safety are also essential elements
included in the bargaining agreement because it obligates the company to obey
federal and state law by providing employees with the necessary protective and
healthful workplace. Finally, the benefits are other common elements included
in the bargaining agreement because there provides a greater degree of
predictability for employers in areas such as working hours and bonuses, thus
allowing them to plan better.
Strikes, in most instances, occur due
to a number of reasons in terms of economic conditions; it can be in response
to improving wages and benefits or improving work conditions. A strike is a
powerful weapon that trade unions use to ensure that employers accept their
demands. The strikes are also caused to factors such as hours of work and rest
intervals, salary, and incentive problems. Another reason for strikes is employees'
dissatisfaction with the organization's policy and disputes about minimum
wages. The difference between striking in NLRB and legal protection is that
when taking part in NLRB, you do it in support of a Union; unfair labor
practices lead to unfair labor practices. It is clear that the NLRB is mandated
to protect workers' rights to structure and decide whether to have unions as
bargaining representatives; thus, when employees participate, it supports
unfair union labor practices. But on the other hand, legal protection is strikes
are mainly for economic reasons have object and purpose such as wages and
benefits.
Human resources management has
significant standards of conflict resolutions that effectively solve the issues
affecting the organization and help mitigate any possibility of strikes. For
instance, HRM is frequently a mediator between managers and employees in
dispute resolutions. This makes them quickly respond to conflict by ensuring
that employers do not violate the rights of employees. In addition, HRM dispute
resolution involves the interpretation of company policies and labor laws.
Further, the HRM always ensure they deal with unfair treatment and unfavorable
working conditions between coworkers and managers by explaining workplace codes
of conduct. Also, based on their standards, they ensure that they determine
appropriate disciplinary action that can help minimize the incidents of
conflicts among the employees and employers. From the analysis of HRM dispute resolution
procedures, it is clear that their mandate is to ensure that while delivering
fairer dispute resolution outcomes, there needs to focus on workplace justice
principles. Having looked at HRM procedures of dispute resolution, it can be
compared effectively with grievance arbitration because they both involve a
third party who renders a final and binding decision. However, unlike HRM,
grievance procedures are based on dispute resolution because, in their
resolution procedures, they first informally with the employer with a grievance
letter so that investigation can be done and a significant decision is made. The
grievance procedures process is a better dispute resolution than HRM because it
systematically allows employees to redress injustice. But all are the best
dispute resolution process because they help deliver workplace justice and
improve working relations between employees and employers within the firm.
The European Works Councils are
bodies mandated to represent the European employee of a company. They are vital
to workers because, through them, employees are informed and consulted by
management concerning business progress and significant European-level
decisions that could affect their working conditions. The rights of EWC were to
have the organization install a structure through which the management can
inform the employees on what is going on within the company. This means that it
has the right to ensure that it makes the employees within the corporation
remain informed and consulted before any decision is made. EWC operates effectively
by ensuring the effectiveness of employees' transnational information and
consultation rights. Further, EWC helps promote practices that specify minimum
labor standards on specific issues that affect employees.




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