Favor of Union Representation Assignment
Assignment ID Number AFFGEHU83939HD Type of Document Essay Writing Format APA/MLA/Harvard Academic Level Masters/University References/Sources 4 References
Favor of Union Representation Assignment
- The election results showed that 138 RAs and CDAs supported union representation, and 88 voted against union representation. What should be done for those RAs who voted against union representation? Are their rights being violated?
- What if the vote had been 138 against union representation and 88 votes in favor of union representation? If this were true, what should be done for RAs who voted for union representation? Is your answer here consistent with your answer to the previous question?
- What do you see as the university’s options at this point in the case? What would you recommend? Why?
bargaining in good faith?
In late March 2002, a letter was sent from Associate Provost Susan Pearson to UAW Local 2322 President James Shaw stating: “We believe that the decision of the MLRC that led to its certification of this bargaining unit represents a misapplication of the relevant state statute. We, therefore, consistent with applicable procedures … decline to enter into any negotiations on this matter” (Campbell, 2002, March 27). The university stood by its argument that R As were primarily students, not employees, and that labor law was not intended to cover undergraduate students. The university wanted to take its objections to the Massachusetts state courts and chose not bargain with the union until the issue was resolved through those processes (Brown, 2002, May 1).
James Shaw responded to the letter with the following statement: “Administrators at the University of Massachusetts Amherst have said they will break the law and refuse to negotiate with the newly formed union of student resident assistants. … We are disappointed that university administrators consider themselves above the law. We renew our demand that UMass respect the decision of the MLRC and more importantly of the R As themselves and come to the bargaining table” (Campbell, 2002, March 27). Shaw added, “Once workers vote in favor of the union, the employer has to sit down and bargain. … That’s the law” (Anonymous, 2002c).
R As who supported unionization were discouraged by the news. One union advocate said, “A lot of us are kind of disheartened, not that it happened, but that the university is undermining the democratic process. They are not challenging the vote; they are challenging our right to vote, and that is a little more insidious.” Another R A said, “We had hoped that we could build a relationship of mutual
© 2011 society for Human resource management. patrick p. mcHugh, ph.D. 19
respect by sitting down and bargaining a contract together. Unfortunately, it looks like we will have to continue our struggle for recognition by reaching out to the community. We have earned our right to a union by working hard and winning a democratic union election, and we have no intention of giving up” (Campbell, 2002, March 27).
By this time, the conflict between the R As and university officials was receiving widespread media attention. In a column that appeared in the editorial section of The Washington Post, Lance Compa, an international labor law scholar at Cornell University, accused the university of violating human rights. Compa said, “Before they are students or employees, teaching assistants and resident assistants are persons. International human rights law upholds their right to: look to one another for support, form their own organizations, choose their own leaders and advocate their own interests through bargaining. …When many U.S. universities call for human rights and labor rights for workers in foreign countries producing goods with the school’s logo, they should also show equal concern for the rights of their own employees” (Compa, 2002).
- What does it mean to “bargain in good faith”?
- How can the union respond to the university’s stance at this point?
- Does the university face a public relations dilemma? Has the university contributed to the dilemma?
charges, PubLic camPaign, Protests
Because of the university’s refusal to bargain, the UAW filed an unfair labor practice charge with the MLRC. While the MLRC reviewed the charge, the university announced that any MLRC ruling would be appealed to the state courts (Helman, 2002, April 30). At the same time, union supporters began a public campaign to pressure the university to recognize and bargain with the union. They set up mock bargaining tables outside of the main administration building on campus to embarrass university officials and to symbolically show the R As’ eagerness and the university’s unwillingness to negotiate. In addition, they picketed in front of the associate provost’s home and placed a mock bargaining table in the street outside her home (Lamothe, 2002, May 9).
On the morning of April 8, more than two dozen union activists marched into Interim Chancellor Williams’ office and demanded to speak with her. After being told that she was away on business in Boston, the protestors sat down in her office suite, chanted pro-union slogans, read aloud the Massachusetts General Law regarding employee rights to collective bargaining and employer obligations to bargain in good faith, and The Washington Post column written by Compa. The protestors were told that if they did not leave, public safety would be called, and they could be arrested. A protestor responded by saying, “The university is breaking the law. … They’re not acting with integrity.” Another R A said, “We have done
20 © 2011 society for Human resource management. patrick p. mcHugh, ph.D.
everything legal up to this point. We’re here because the university feels that it doesn’t have to play by the rules. We’re not going to stand by and let UMass break the law” (Campbell, 2002, April 9).
The protestors left William’s office but moved to other buildings on campus. Finally, the protestors went to the offices of the vice chancellor for student affairs and demanded to speak to Vice Chancellor Cevallos. Within minutes, the acting chief of police and two uniformed officers arrived on the scene. The protestors quickly dispersed. One protesting R A said, “This was just a warning shot” (Campbell, 2002, April 9).
Favor of Union Representation Assignment
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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Favor of Union Representation Assignment
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