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HRM 6635 POOL OF DISCUSSION QUESTIONS FOR THE MID TERM EXAM Q & A
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HRM 6635 POOL OF DISCUSSION QUESTIONS FOR THE MID TERM EXAM Q & A
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HRM 6635POOL OF DISCUSSION
QUESTIONS FOR THE MID
TERM EXAM Q & A
01. What are the major components of the John Dunlop model of an
industrial relations system? Provide at least one specific example of how
each component that you cite is implemented, characterized or embodied
in the United States industrial relations system that we have studied to
date. The three major components of the model are (1) the negotiation and
administration of work rules, which are the focal point of labor relations;
(2) key participants in the process, who are the union and management
organizations, employees, third-party neutrals, and branches of
government;
(3) and constraints or influences affecting the parties in the negotiation and
administration of work rules.
1. Collective Bargaining is an example of the negotiation and
administration of work rules – it mandates what employers and unions
must bargain over and what they cannot.
2. Key participants are embodied in the form of managers, union
representatives, bargaining unit/employees, mediators/arbitrators, the
NLRB and Supreme Court.
3. Constraints and Influences include unfair labor practices, the duty
to bargain in good faith, and external influences such as the labor
market, technology and state of the economy.
02. What was the major legal weapon used by management against the
union movement from the beginning up through 1932? Labor Injunctions
– A court order that prohibits activities in conjunction with a labor dispute.
, HRM 6635
POOL OF DISCUSSION
QUESTIONS FOR THE MID
TERM EXAM Q & A
Why was the Norris-La Guardia Act necessary and what specific remedies
did it provide? The act was necessary because the government needed to
take a more active role in regulating the economy after the 1929 Stock
Market Crash and provide more protection for basic workers’ rights. The
Act limited the power of federal courts to issue labor injunctions ensuring
that a labor injunction was issued only if it met 6 criterion. It declared
yellow dog contracts illegal, reinstated the use of economic boycotts, and
supported collective bargaining as an appropriate means for employees to
improve and protect their employment interests.
03. Why was the application of the Sherman and Clayton Acts
considered to be the application of a double standard when they were
used to apply to management and labor. Be sure to cite specific cases
and how they were applied when you develop your answer
04. One of the reasons for the passage of The Clayton Act was to
improve the lot of the labor union. How did it attempt to do this? The
Clayton Act attempted to ensure that unions were legal and did not restrict
trade. It also
, HRM 6635
POOL OF DISCUSSION
QUESTIONS FOR THE MID
TERM EXAM Q & A
attempted to limit the courts ability to issue restraining orders/injunctions to
employers due to labor disputes. Was it successful? No. While dubbed the
“magna charta” for labor unions, the courts interpreted the Clayton act as
only reaffirming a labor organization’s right to exist as long as it sought to
achieve lawful ends using lawful means. It hurt union growth and actually
made it easier for employers to obtain labor injunctions since it no longer
required them to ask district attorneys – they could ask the courts directly.
05. What specific pieces of legislation were aimed at supporting
organized labor, between 1890 and 1934, and how did this legislative
effort support the labor movement?
Civil Conspiracy Doctrine (Commonwealth vs. Hunt) – established legal
precedent that workers have a right to combine together for the purpose of
pursuing lawful end/gains by lawful means/tactics. (Made unions legal)
Railway Labor Act – grants employees in the private sector railroad
industry the right to form unions and bargain collectively. (First
comprehensive collective bargaining law).
Norris-LaGuardia Act – placed restrictions on the issuance of labor
injunctions during labor disputes and making yellow dog contracts illegal.
(courts were encouraged to balance the legitimate rights of employers and
employees and express congressional support for the process of collective
bargaining)
06. The purpose of legislation in the industrial relations area is to ensure
industrial democracy. How did the Taft-Hartley Act attempt to serve this
, HRM 6635
POOL OF DISCUSSION
QUESTIONS FOR THE MID
TERM EXAM Q & A
purpose? [Specifically what were the changes (amendments) to the
Wagner Act that were added by the Taft-Hartley Act?] The Taft-Hartley
Act renamed the Wagner Act from the National Labor Relations Act to
the Labor Management Relations Act. Within the amendment,
language was added to protect anti-union individuals from retaliation
from pro-union workers and union organizers. It also gave owners and
managers the right to speak in opposition to unionization by employees.
The Taft-Hartley act thus made several union tactics illegal including
threatening workers who refuse to join/support, paying people to
join/vote, bargaining in bad faith, political strikes and jurisdictional
strikes. In addition, closed shop union security clauses were made illegal.
The act gave unions and employers the right to sue – employers no
longer had to sue each individual employee separately. Also, clearly
stated that managers could not unionize.
07. You have been asked to develop a position paper on the subject of,
"Why People Join Unions," for presentation to a management meeting. It
has also been suggested that you divide your list into Economic, Psycho-
Social and Quality or Quantity reasons.
Psycho-Social – Feelings of alienation (inability to take pride in their
work, lost involvement when the machine dominated, became
estranged from fellow employees due to work being laborious and
competitive). Unions provide employees with the ability to speak
their minds without
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