Case Study: IRS vs. NTEU

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Business Finance

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Review the IRS vs. NTEU case and write a paper highlighting the issues in this case. Be sure to address the following questions in your paper:

  • What is mid-term bargaining?
  • What are the critical elements of the case and why are they critical?
  • How would a clause intended to waive the obligation to bargain during the term of the agreement have changed things?
  • How would you have ruled in the case and why? Note: This paper is to be 2 pgs, Time Roman, Dbl sp. APA.

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Running Head: Negotiation Process 1 Negotiation process SNHU Employee and Labor Relations Cynthia Estrada November 4, 2018 Negotiation Process 2 As a negotiation expert representing painters in the construction industry, the first step in my preparation would be to find out all information about painters employed by employer x: Information regarding employment conditions and compensation. Secondly, I will do a research on the bottom line requirement by the International Union of Painters and Allied Trades as suggested by the union. Thirdly, I will create a power negotiating team: I will ensure clear task allocation for my team. In the fourth place, I will do a background search on the employer so as to know which strategies to use to come up with a win-win negotiation agreement: I will use the William Ury strategy to negotiate beyond a No. In the fifth place, I will choose the tactics to employ through the negotiation such as log rolling and snowballing. After which, I will get my BATNA ready and arrange for a meeting at a convenient neutral environment. I will be keen to make sure that I negotiate with the decision makers of the company. The negotiation is as good as the negotiation team. To begin with, I will choose representation from the union. I have to be keen to have a member of my team that is in the position of decision making so as to assist when making positional bargains. In addition to this, one of my team members has to have technical skills that will assist when communicating the statistics. Also, I have to have an eloquent and charismatic speaker to assist us when building golden bridges towards agreements. Overall, I will communicate clear game rules as I will be a team leader. Also, my team will have an employee in a position of influence to represent the employees during the negotiation. Finally, my team will comprise of a legal expert that will guide us on compliance to union laws, employer-employee contracts, and state law. I will select union demands that are most relevant to the employee frustrations. I will also be keen to understand the legal requirements of the union to the employer. I will also be keen to Negotiation Process 3 customize labor union requirements to fit the negotiation in a way that is mutually beneficial to all stakeholders. In addition to that, I will utilize the union stakeholder in my team to understand the full range of labor union demands. The information or data that is required as preparation for the negotiation is largely on three angles: Employees data; this is data concerning employee working conditions, compensations, benefits, compliance to employer-employee contracts, the fairness of opportunity and opportunity for growth. The contracts here need to be of mutual benefit to employer and employee. Employer data; this is information concerning the personality of the employer, issues such as integrity, temperament, social status, values. Lastly, Union data; this is information concerning member agreements, on what matters does the union protect the members, history of success of negotiations, attitudes and culture of the organization. In addition to this major information, a brief research on competitor employer-employee relations, industry trends with regards to employee benefits, industry attitudes, and range of employee compensation within the industry. To ensure data collected is reliable, I will get data from reliable sources; such as information from the human resource manager of the employer. I will verify this data through counter-checking with other information holders. Also, the use of appropriate data collection and storage methods. Data validity can be ensured by using relevant data to the case, also the right data analysis to come up with valid conclusions and inference. Data usefulness can be attained through compliance to policies, utilizing collaborations of stakeholders, and upholding high levels of research integrity. Negotiation Process References: Fisher, R., & Ury, W., & Patton, B. (2011). Getting To Yes: Negotiating Agreement Without Giving In. New York, New York: Penguin Group. Fusch, P. I., & Ness, L. R. (2015). Are we there yet? Data saturation in qualitative research. The qualitative report, 20(9), 1408-1416. Lenz, A., & Schoop, M. (2017, August). Decision Problems in Requirements Negotiations–Identifying the Underlying Structures. In International Conference on Group Decision and Negotiation (pp. 120-131). Springer, Cham. Silverman, D. (Ed.). (2016). Qualitative research. Sage. 4 Running head: LEGISLATIVE BILLS 1 Bills that Favor Labor Relations Cynthia Estrada Employee and Labor Relations October 28, 2018 LEGISLATIVE BILLS 2 Introduction Many legislative bills have been filled in favor of labor relations in America. Most of those bills are centered on improving labor relations in the country. Most of the legislative bodies are working with the government to ensure efficiency and address the challenges facing labor relations. The purpose of this essay is to highlight and analyze a bill that has been filled by a state legislative body and has high hopes of becoming law. Also, it will be discussing the benefits the proposed legislation would have on the labor relations of the entire country. The Right to Work Law-Missouri Early in 2017, the delegates of Missouri of Representatives took a vote that was to change the face of labor relations in the state. They vote for a bill that called Workplace Freedom Act or the Right to Work Law which was to allow all employees or workers to secure employment in any organization without necessarily having to join any union. For some years now, most employees who are being recruited and working for different employers are part of labor unions. However, with the decline in the number of people willing to register with the labor unions in America today, the legislators thought to protect such people. Early this year in 2018, the law failed to be implemented after it failed in the referendum (Hedding, 2018). However, that is not lost hope for the workers of Missouri State. Benefits to the Labor Movement The right to work law has been opposed in quite a number of states across the US, the recent case being Missouri. The law is designed to protect workers from paying dues or money to unions as a condition and requirement for employment. The advantage of the law to workers is that they will be able to work and secure employment in any place within the state without LEGISLATIVE BILLS 3 giving away any or part of their earnings to labor unions in the state. Under this dispensation, the employees can opt out of paying the unions any dues as it has been the requirement of all workers. Additionally, the law will make Missouri an employer-friendly state, therefore, creating more jobs for the population (Bott, 2017). It will not be a mandatory requirement for workers to be registered or part of a union before securing employment. Currently, Missouri is at a disadvantage as not many people are attracted to work in the state because the law of the right to work has not been passed (Hedding, 2018). The effect of such is that employees are afraid of working in the state because without the law being implemented they could be fired for leaving a union. Also, the law protects the workers from being forced to be part of unions, and they can choose to join or resign without being afraid of the consequences. Soon the bill might be re-introduced and passed by the delegates of the House of Representatives. If re-introduced, the bill might become law for the following reasons. First, unions are decreasing in the state and all over the country; therefore the resistance that the bill got will be minimal. Also, voters have a say when it comes to laws, and if the voters raise their concerns about the law, the legislators might cave in to the demands especially of their constituents. LEGISLATIVE BILLS 4 References Bott, C. (2017). Right to work: Here's what you need to know. Retrieved from https://www.stltoday.com/news/local/govt-and-politics/right-to-work-here-s-what-youneed-to-know/article_59b15bbe-2096-5c85-81c2-0e957da5c5be.html Hedding, J. (2018). What You Should Know About Right to Work States. Retrieved from https://www.tripsavvy.com/right-to-work-state-2677393
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Explanation & Answer

Sorry, i thought i attached earlier in the day. Sorry about that mix up

Running head: CASE REVIEW

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IRS vs NTEU Case Review
Name
Institution
Instructor
Date

CASE REVIEW

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IRS vs NTEU Case Review
Overview

The case on remand in the IRS v. NTEU was to establish whether an agency is obligated
under the Federal Service, Relations Statute to conduct a negotiation during the term of a
collective bargaining agreement on proposals imitated by the union that touch on issues that were
not covered by the agreement (FLRA, n.d). Additionally, the matter under consideration had also
not been waived by the union when carrying out negotiations of the agreement. In its conclusion,
the Authority highlighted that it was in agreement with the earlier ruling with the Court, and
ruled that under the circumstances the agencies were obligated to bargain on such proposals
(FLRA, n.d).
Midterm Bargaining
Midterm bargaining is a type of contract negotiation that goes on while the contract is
still in force as opposed to waiting to the end of the contract peri...


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