ILR 641 CONTRACT ADMINISTRATION

 

REQUIRED READINGS (@ Coop Store & Copies Now)

 

BNA Editorial Staff.  Grievance Guide, 10th ed.  Washington: Bureau of National Affairs, 2000.  [GG]

 (@ Coop Bookstore)

 

McPherson, Donald S.  Negotiating Grievance Settlements: Cases and Materials.   Indiana, PA:

privately printed, 1995.  [NGS, Orange] ( @ Copies Now, Oakland Avenue, Indiana)

 

McPherson, Donald S., Conrad J. Gates and Kevin N. Rogers.  Resolving Grievances: A Practical

Approach.  Reston/Prentice Hall, 1983; 2d ed. Indiana, PA: 1987.  [RG, Yellow] (@ Copies Now)

 

 

OBJECTIVES

 

The course will examine the responsibilities of management and union representatives in administering collective bargaining agreements with particular attention to the grievance procedure.  The grievance-arbitration process will be treated as the mechanism by which the agreement is enforced, interpreted and utilized to resolve problems and disputes through interest-based grievance negotiation or through arbitration.

 

The student will achieve a conceptual comprehension of the rights, roles and obligations of the parties; the relationship of grievance processing to negotiation and to arbitration; and the substantive issues in major grievance types.  Particularly emphasized will be methods of analysis and persuasion leading to potential grievance resolution through negotiated settlement.  As a result, the course is applicable both to organized and to non-organized employment settings.  The student will acquire and/or sharpen skills in: analysis of contract language; investigation and writing of grievances; developing a theory of the case; presenting and responding to grievances; negotiating appropriate settlements; and evaluating cases for arbitration.  In addition, the student will acquire and/or sharpen skills in communication, especially listening and giving feedback; written and oral advocacy; and creative problem-solving.  Such skills cannot be "taught" -- they must be learned.  The entire course experience is a vehicle and opportunity for self-learning/skilling.

 

COURSE OVERVIEW

 

The course will consist of lectures, class discussion, case analysis, simulation, some films, and frequent assigned projects.  Thorough preparation for and participation in each class session is expected.  Each student should consider participation to be both a personal obligation and a responsibility to other class members for the professional growth of all.  Since grievance-arbitration issues and strategies are inherently value-laden and present problems of interpretation, personal creativity, and judgment, students are encouraged to challenge the thinking of other class members and of the instructor.

EVALUATION

                      

Grade Computation: 4 complete grievance Case Studies (105 points each).  Each Case Study will be accompanied by a "Case Log" (5 points) and the final Case Study and Log also will be accompanied by a "Reflective Summary" (10 points-see below), bringing the total to 430 points.  A=387-430 (90-100%);

B=344-386; C=301-343; [no D] F=300 and below.   Deadlines:  The deadline for completion of any course requirement is the end of the class meeting specified.  Every effort will be made to return evaluated assignments within 2 class meetings of submission.  Assignments submitted after the deadline will be penalized 10% except in cases of serious personal illness or exigency discussed with the instructor prior to the deadline or reasonably immediately after the occurrence of an emergency situation.  Assignments submitted after an evaluated assignment has been returned to the class will be evaluated upon request but credited as 0 points in grade computation.  Notes: Instances of academic dishonesty will be treated severely and according to the University's policy.  Attendance per se is not graded but participation is required; failure to meet this obligation satisfactorily as the result of irregular attendance or lack of preparedness for class will be result in a letter grade reduction to the final course grade.

 

Case Studies:  Students are expected to read carefully, review frequently, and follow the "Grievance Case Study Instructions" provided in NGS.  Format: typed preferred; handwritten on lined paper is acceptable.  Double space all work, typed or handwritten, on 8 1/2 x 11 paper.  Do not use plastic covers or any type of binding.  Number the pages and staple together.  Attach the Log separately with a paper clip.

1.  Written Grievance                                 5 points             5.  BATNA Tactics              5 points

2.  Negative Mgt Response                      5 points             6.  Interests (2)                    10 points

3. Theory of the Case (2)                           30 points          7.  Mutual Gain                     5 points

4.  BATNA Analyses (2)                           30 points          8.  Settlement (2)                10 points

                                 9.  Case Log                         5 points

 

Case Log:  A developmental, process analysis Case Log will be submitted with each Case Study.  The Log is personal and informal.  Use it to chronicle the development of your thought processes as you do the case.  The Log's purposes are solely creative and reflective -- to stimulate your thinking and promote your reflection on the experience.  Logs are separated from the Cases and read only after all Cases have been graded; they are not considered in the evaluation of the Case Study.  I will read the Log and may make comments, but the Log is not graded.  If it is sufficiently responsive to the assignment, 5 points are earned; if not, 0 points are earned.  The 4th Case Study and Log will be supplemented with a Reflective Summary of your experience of the course over the entire semester.  It also will not be read until after all Cases have been graded and it earns 10 points if done; 0 if not done.

 

Class Discussion/Role Play:  Cases from NGS and RG will be assigned each week for class discussion and/or role play simulation.  Although written analysis is not expected, you should prepare cases for discussion/simulation in advance of the class in which they are assigned.

 

Reference Sources:  The ILR Department's web page at http://www.iup.edu/ilr has numerous useful links and an excellent overall source of links in the field can be found at: http://www.workindex.com.

 

CONSULTATION:  [4-C Keith Hall]

e-mail: Donald.McPherson@iup.edu (received at IUP office and arbitration office)

IUP office phone: 724.357.4424 (with phonemail) and department Fax: 724.357.1292

Arbitration office phone: 724.463.9804 (with phonemail)

 

 

TENTATIVE CALENDAR  OF TOPICS AND ASSIGNMENTS

 

DATE               TOPIC                                                  CASE DUE                 CLASS

                                                                                                                                                                   CASE Week 1     Intro & Mechanics; Nature of  CBA                                        [Y=Yellow, RG]

                     & grievance procedure; Roles of Parties                                   [O=Orange, NGS]

 

 

Week 2     Grievance Case Study Method;                                                          Y-1, O-25

                      Negotiations; Theory of the Case

                      RG 1-49; NGS 1-28,  35-78, 161-223

                      GG i-xi, 3-22      

 

Week 3      Just Cause  NGS 29-34, 44-60, 79-109;                                             O-19, O-32

                       GG 25-75 Video: Arbitration: The 7 Tests of Just Cause

 

Week 4      Discipline Issues  GG 76-113                                                            Y-6, O-15

                       

Week 5      Discipline Issues           GG 114-136                              #1 + Log     Y-9, O-16

 

Week 6      Discipline Issues GG 137-159                                                            O-39, O-43

 

Week 7      Management & Union Rights;                                                            Y-11, Y-14

                        Interpreting Contract Language

                        NGS 110-160; RG 64-91;

                  GG 160-196, 353-418      

 

Week 8       Seniority I  GG 197-234                                                #2 + Log     Y-16, Y-17

 

Week 9       Seniority II (Promotion, O.T.)                                                            O-18, O-29

                   GG 271-300, 431-456      

                                                           

Week 10      Leaves, Vacations, Holidays I                                                           O-2, O-35

                          GG  235-270

 

Week 11      Leaves, Vacations, Holidays II                                #3 + Log          O-9, O-41

                          GG  301-342

 

Week 12      Wages, Hours I                                                                               O-12, O-20

                          GG 343-352; 457-474

 

Week 13  [last]Wages, Hours II                             #4 + Log & Summary          O-17, O-34

                        GG  419-430                       

 

CASE LOG and REFLECTIVE SUMMARY - SOME SUGGESTIVE IDEAS

 

The Case Log is submitted with the Case Study but separately and should be double spaced whether typed or handwritten.  The Log is intended to be a tool with which you can process your own thinking, problem-solving, and emotional reaction to the Case.  You should use it to record your thoughts and feelings while doing the Case (e.g., initial impressions; questions; ideas for arguments in Theory development; observations about your work styles/places/times; frustrations; satisfactions; reactions to the finished product).

 

Below are some issues for your reflection which might be helpful in generating the Log for any given Case.  You should not respond to these questions per se or even follow their order; they are only intended as a stimulant for your thoughts.  The Log should demonstrate and communicate your reflections on the experience of doing the Case.  It is read after the Case is evaluated and is not graded.

 

1.  What is your initial response to the Case?  How do you feel after reading it (frustrated, excited, challenged, overwhelmed...?)  Do you identify more strongly with one party or the other?  Does the case provoke any personal values or biases?  How will you deal with your personal values/biases in trying to put forward the strongest case for each party?

 

2.  Did your attitudes change as you worked on the Case?  When?  Can you identify the cause(s)?

 

3.  Did you have a difficult time getting started with either or both arguments?  Can you identify any blocks to your work on this Case?  How will you/did you work through them?  Were there other interferences and how did you work through those?

 

4.  How did your attitudes about your work in the Case change as you revised?

 

5.  Did your confidence build as you worked on the Case?  Can you identify what contributed to confidence building?  Did it wane?  Can you identify what lessened your confidence level?

 

6.  Describe the process by which you first generated, then selected the factual propositions upon which each party's Theory was based.  How did you organize these ideas once they were generated?  How did you eliminate ideas you came to believe were not productive?  Did anything generate new ideas?

 

7.  Did you talk with or work with others?  What was your objective in doing so?  How did talking with others affect you?  Were they 1 to 1 settings or groups?  With whom did you talk/work -- "experts," classmates, persons not knowledgeable about grievances...?  Did they react differently from you to the Case?

 

8.  What environmental conditions contributed to productive work?  Did you start early and "percolate" ideas?  Did you construct artificial deadlines for pressure?  Did you want until late to begin in order to feel real pressure?  Where and when did you generate your most productive ideas?  Best analytical thinking?  Most effective writing?

 

9.  How do you feel about the Case upon completion?  Are there parts you really like?  Parts you really dislike?  What would you change or do differently if you had more time?

 

REFLECTIVE SUMMARY:  Write a journal of at least 500 words (about 1.5 pages if typed, double spaced) reflecting on the total experience of doing this course of study in contract administration.  Submit the Summary with the last Case and Log.