Issues in the Mock Negotiation Problem

Topics: Unemployment, Negotiation, Unemployment benefits Pages: 7 (2541 words) Published: February 6, 2013
Mock Negotiation Problem

Issues in the Mock Negotiation Problem:
Being a member of the Local 5000 in this whole project I could point out numerous things that make the employees at Auto Products Corporation want things better. There seems to be issues at the Indianapolis plant concerning overtime, premium pay, and even subcontracting instead of using their own employees to do the work. What I have also gotten from this mock negotiation is that in the past, the union and management have been satisfactory. Different viewpoints:

I have not had a very good experience with my teammates on this project. I agree that this should’ve been a fun project but it has been very stressful to me. As far as different viewpoints I feel again as though I’ve done this whole project by myself because everything I posted the only response I received most of the time is “sounds good”, “I agree”, “good idea”. I could go on and on about how my views differed from my teammates or how I feel like I had no help in the negotiation. I also feel as though I played the role of secretary and chairperson in this project but overall I am satisfied with the final results on our issues raised to management. Research Provided:

Research was provided for my team by me concerning the current seniority clause, required overtime, and the issues concerning the company’s right to subcontract. The union wanted to stick to the current seniority clause, which management agreed, because it isn't fair that junior employees can come in before a senior at the company to take the place of a job when a senior employee is qualified to fill the position. I provided the following research to my team from the textbook: In many contracts, seniority governs promotions when a senior employee is "qualified" to fill the position in question. Under others, seniority becomes the determining factor in promotions when the senior has the ability for the job in question equal to that of all other employees who may desire the better job.(Text page359) Sticking with the current seniority clause will ensure that positions are filled properly. Also, in the Mock Negotiation it states that the company has the right to require overtime in the existing contract but there was an issue raised by the employees that the supervisor isn’t fair and that they have been giving their friends the opportunity to earn the extra money and discriminating against the other employees. For this issue I provided the following research from the textbook: The Fair Labor Standards Act of 1938 places no restriction on employees to work more than 40 hours in a workweek, other than the employees who work more than 40 hours must be paid at least one and one-half times their regular rate of pay for all hours in excess of 40 hours. The textbook also states that when a supervisor makes an error in the regard of offering his/her friends to work overtime and discriminating others; the employer may be faced with a grievance filed by the employee and ask for the amount of money he/she would have earned if he/she would've worked. Also, the situation of paying for the same work twice at overtime rates.(text pages288-290) This could be a major disaster if the company doesn't fix this and if it isn't then many possible grievances can still be filed. On the issues concerning the company’s right to subcontract, in the negotiation it stated that for many years each skilled tradesperson has worked only within his or her trade and five months ago the company required a mechanic to do a job normally performed by a plumber. A grievance was filed and the arbitrator sustained the position of the union on the basis of the “past practice” principle. I provided the following research from the textbook for my team: The union should ask the the company add a subcontracting section in the labor agreement. The textbook gives an example of a subcontracting section in a labor agreement that states whenever the company contemplates contracting...
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