Unit 8 Assessment Collective Bargaining How does an arbitrator determine that a company had just cause for taking a disciplinary action? What remedy might an arbitrator choose if a company did not have just cause? Will the process be different if the organization does not have union representation? If so how?  Your response should be at least 300 words in length. By what means can collective bargaining agreements be enforced? Discuss the five principles that govern the arbitration of grievances under collective bargaining. What measures are utilized in non-union environments?  Your response should be at least 300 words in length. BHR 4350, Collective Bargaining 1 Course Learning Outcomes for Unit VIII Upon completion of this unit, students should be able to: 7. Interpret arbitration of statutory rights in union and non-union cases. Reading Assignment Chapter 10: Unfair Labor Practices and Contract Enforcement Chapter 12: The Arbitration Process Chapter 13: Comparative Global Industrial Relations Unit Lesson Working in either union or nonunion environments, employees have made statements about the way the company operates in regards to how employees are treated and the overall organization employment practices. Some of the things that occur within many organizations make employees disgruntled and can lead to low company morale. When this occurs, many employees either seek other employment opportunities or look to file complaints about the organization. Chapter 10 in your textbook provides a great overview of unfair labor practices and contract enforcement in union environments. The National Labor Relations Act (NLRA), as with any law, requires effective enforcement of the collective bargaining agreement. Certain actions taken by employers or unions that violate the NLRA are known as unfair labor practices. Such acts may be investigated by the NLRB and may also lead to grievances being filed, mediation, and arbitration (Carrell & Heavrin, 2013). Unfair labor practices can include, but is not limited to: 1. companies interfering with organizing a bargaining unit, 2. organizing campaign, 3. discrimination against union members, and 4. refusal to bargain (Carrell & Heavrin, 2013). There are many guidelines set in place that employers and unions should follow; however, unfair labor practices have been noted on both sides. Tips From the Expert, on the bottom of page 378 and top of page 379 in the textbook, spark interest. This section discusses the most common unfair labor practices unions and management should avoid and how they can do so. Please be certain to read this section as it provides a great overview of unfair labor practices from both sides. With unfair labor practices, companies try to avoid employee walkouts and strikes. This is always a major concern. As discussed in the previous unit, many organizations have grievance procedures that employees should ad ...

1. Unit 8 Assessment Collective Bargaining
How does an arbitrator determine that a company had just cause
for taking a disciplinary action? What remedy might an
arbitrator choose if a company did not have just cause? Will the
process be different if the organization does not have union
representation? If so how?
Your response should be at least 300 words in length.
By what means can collective bargaining agreements be
enforced? Discuss the five principles that govern the arbitration
of grievances under collective bargaining. What measures are
utilized in non-union environments?
Your response should be at least 300 words in length.
BHR 4350, Collective Bargaining 1
Course Learning Outcomes for Unit VIII
Upon completion of this unit, students should be able to:
7. Interpret arbitration of statutory rights in union and non-
union cases.
Reading Assignment

2. Chapter 10:
Unfair Labor Practices and Contract Enforcement
Chapter 12:
The Arbitration Process
Chapter 13:
Comparative Global Industrial Relations
Unit Lesson
Working in either union or nonunion environments, employees
have made statements about the way the
company operates in regards to how employees are treated and
the overall organization employment
practices. Some of the things that occur within many
organizations make employees disgruntled and can lead
to low company morale. When this occurs, many employees
either seek other employment opportunities or
look to file complaints about the organization.
Chapter 10 in your textbook provides a great overview of unfair
labor practices and contract enforcement in
union environments. The National Labor Relations Act (NLRA),
as with any law, requires effective
enforcement of the collective bargaining agreement. Certain
actions taken by employers or unions that violate
the NLRA are known as unfair labor practices. Such acts may be
investigated by the NLRB and may also lead
to grievances being filed, mediation, and arbitration (Carrell &
Heavrin, 2013). Unfair labor practices can
include, but is not limited to:

3. 1. companies interfering with organizing a bargaining unit,
2. organizing campaign,
3. discrimination against union members, and
4. refusal to bargain (Carrell & Heavrin, 2013).
There are many guidelines set in place that employers and
unions should follow; however, unfair labor
practices have been noted on both sides. Tips From the Expert,
on the bottom of page 378 and top of page
379 in the textbook, spark interest. This section discusses the
most common unfair labor practices unions and
management should avoid and how they can do so. Please be
certain to read this section as it provides a
great overview of unfair labor practices from both sides.
With unfair labor practices, companies try to avoid employee
walkouts and strikes. This is always a major
concern. As discussed in the previous unit, many organizations
have grievance procedures that employees
should adhere to. However, it was noted that the grievance
process is not always successful and can lead to
mediation and arbitration. Some contracts have a choice of
mediations in addition to arbitration.
There is a noted difference with mediation. Mediation is a
process where an arbitrator acts like a mediator. He
or she knows the issues from both sides and attempts to work
through the issues via problem solving
techniques hoping to come to a resolution.
UNIT VIII STUDY GUIDE
Unfair Labor Practices

4. and Arbitration
BHR 4350, Collective Bargaining 2
UNIT x STUDY GUIDE
Title
Arbitration uses a third party to listen to both sides of the issue,
then decides the best course of action for
both parties to follow. It is normally agreed that a decision by
the arbitrator is final and binding by both sides.
There are no set cases that are arbitrated. A great variety of
important and complex issues are referred to
arbitration. Some cases as pointed out in the textbook that
present some difficulty include:
—
(Read Tips from the Experts at the top of
page 457), and
However, seniority and absenteeism is generally simple to
resolve. Disagreements over incompetence,
holiday pay, and management rights are also common
arbitration subjects (Carrell & Heavrin, 2013).
For those employees working in nonunion environments, if they
cannot meet with company supervisors, HR,

5. and department heads, they will generally seek guidance
through the Equal Employment Opportunity
Commission (EEOC). Because there has been a rise in litigation
costs and jury awards in cases of wrongful
terminations, race, sex, discrimination and disability
discrimination, even nonunion environments are starting
to develop arbitration processes in efforts to handle employment
disputes (Carrell & Heavrin, 2013). Profile
12-1, on page 441 of your textbook provides a look into the
Anheuser Bush Program for nonunion
employment disputes.
Since the case decisions are left to the decision of the arbitrator,
the arbitrator should be open-minded and
not have any alliance to either side. The arbitrator should able
to make an unbiased decision. The decision
should be clear, concise, and leave no room for questions. Both
sides should be well aware of what needs to
be done and additional consequences if violated. If the case
involves an employee who had been terminated
but the decision has been made that the employee will receive
his or her job back, then specific instructions
must be addressed (i.e., date of return, work hours, if seniority
will be reinstated, if employee will receive back
pay, if employee return to same position and department).
Everything should be stated clearly to leave no
room for misunderstanding on either side.
Although most of this course focused on labor practices in the
United States, globalization is of interest
because the United States does conduct business in foreign
countries. One of the main issues that arise
focuses on how global operations can lead to outsourcing,
subcontracting, contract labor, and various other
forms of nontraditional employment. This ultimately can impact
the labor agreement and lead to layoffs.

6. As you can see, labor relations can be a very complex subject.
Companies should make certain they abide by
all regulatory guidelines that relate to employment rather union
or nonunion. When employees feel as though
their rights have been violated, they will seek measures to be
heard. By having well-defined processes in
place, all involved will have a better understanding of what
must be done. Keep in mind, there will always be
some issues; however, if the organization is fair and consistent
when handling employees concerns, many
issues can be resolved in-house.
Reference
Carrell, M. R. & Heavrin, C. (2013). Labor relations and
bargaining: Private and public sectors (10th ed.).
Upper Saddle River, NJ: Pearson.