Description
Instructions
Read Case Study 6-3, "The Influenza Work Rule," on page 319 in your textbook, and address the prompts below.
Analyze the arguments over whether the two parties bargained. Did management bargain in good faith with the union over the policy? Did they bargain to impasse? If so, does that give management the right to unilaterally implement its last offer?
Was management required to develop this new policy by the Centers for Disease Control and Prevention (CDC)? Did that trump labor-management considerations? Explain your reasoning.
- Using a database (e.g., Bloomberg’s BNA’s Labor & Employment Law Resource Center), look at the Raffles v. Wichelhaus case (also known as the Peerless case) and the First National Maintenance Corporation v. National Labor Relations Board (NLRB) case. Evaluate management’s argument that the flu-prevention policy is a core business decision in light of those case decisions.
- Was management required to take this case to grievance arbitration? Explain your reasoning, considering the other precedent cases cited the managerial rights clause and the and zipper clause.
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1
Impasse Over Flu Policy
Student’s Name
Institutional Affiliation
Course Title: Course Code
Instructor’s Name and Title
Assignment Due Date
2
Impasse Over Flu Policy
Introduction
In the case study, Mercy Hospital, an acute care facility, and the Regional Nurses
Association (RNA) find themselves at odds over a proposed flu-prevention policy for nurses. With
an existing collective bargaining agreement (CBA) in place, the hospital and the union had
engaged in negotiations and discussions regarding the policy. However, reaching an impasse, the
hospital decided to unilaterally implement the revised policy, leading to allegations from the union
that Mercy Hospital violated the Labor Management Relations Act (LMRA).
Bargaining in Good Faith and Reaching an Impasse
Based on the information provided, it appears that both management and the union engaged
in negotiations and discussions regarding the proposed flu-prevention policy. The managers
brought the proposal to the labor-management committee, and the union objected, raising concer...
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