Module 4 – Case 3 pages
MEDIATION & ARBITRATION
. Don’t we have enough of each one by itself?
. To make matters “worse,” the following article sheds an interesting light on the combination of these two strategies, and the sequence between them.
Please read (access via ProQuest):
McLean, D.J., & Wilson, S.P. (2008). Compelling Mediation in the Context of Med-Arb Agreements. Dispute Resolution Journal. New York: Aug-Oct 2008. Vol. 63, Iss. 3; pg. 28. Abstract: It is obvious to all who work in the alternative dispute resolution (ADR) field that the most important federal statute — the Federal Arbitration Act (FAA) — does not define its key term: “arbitration.” A recent case, Advanced Bodycare v Thione, invited the 11th Circuit to explore which types of ADR processes are considered “arbitration” for purpose of the FAA. Under the 11th Circuit’s narrow test, an agreement to mediate, as well as an agreement to mediate or arbitrate, falls outside of the scope of the FAA. There is a fundamental distinction between an ADR agreement that allows parties to either mediate or arbitrate disputes, and a classic med-arb agreement, which calls for mediation as a condition precedent to binding arbitration. While a med-arb agreement was not before the 11th Circuit in Thione, the authors caution against applying that court’s reasoning to med-arb agreements..
After carefully reading through the background materials, and this article, please answer (in about 3 pages), the following question:
. How do the relative advantages of mediation and arbitration, create a synergy in a combined strategy of MED-ARB?
1. Point out the advantages of each method, then
2. Focus on how when combined they create synergy.
3. Do not summarize the article, but input your insight as to the concepts of each method and their combination.
Module 4 – Case
LABOR RELATIONS LAWS
Labor Laws, Unionization, and the Workplace
A good place to start familiarizing yourself with legal issues involving unions in the workplace is by looking over the National Labor Relations Board website at:
National Labor Relations Board. The NLRB Process. Retrieved from https://www.nlrb.gov/resources/nlrb-process
You should familiarize yourself with the following laws and their amendments:
U.S. Department of Labor. (2017) Labor-Management Reporting and Disclosure Act, As Amended. Retrieved from https://www.dol.gov/olms/regs/compliance/compllmrda.htm
HR Hero (2017). National Labor Relations Act (NLRA). Retrieved at http://topics.hrhero.com/national-labor-relations-act-nlra/
National Labor Relations Board. (n.d.) 1947 Taft-Hartley Substantive Provisions. Retrieved from https://www.nlrb.gov/who-we-are/our-history/1947-taft-hartley-substantive-provisions
After you have reviewed the above laws, view the video and read the following articles concerning the labor unrest that occurred at Verizon.
Communication Workers of America (2016). What #VictoryAtVerizon Means to Us | 2016 Verizon Strike | CWA Video. Retrieved from https://www.youtube.com/watch?v=YwWKNLiiiFY
Dayen, D. (April 15, 2016). The Verizon Strike Signals a Larger Economic Battle. New Republic. https://newrepublic.com/article/132707/verizon-strike-signals-larger-economic-battle
Scheiber, N. (May 20, 2016). Verizon Strike to End as Both Sides Claim Victories on Key Points. New York Times. Retrieved from Trident Online Library.
Sherk, J. (April 13, 2016) Verizon Strike No Morality Play. The National Review. Retrieved from http://www.nationalreview.com/corner/434050/verizon-strike-landline-workers-go-strike
Smith, A. (April 15, 2016) Verizon Strike Not as Intimidating As It Appears. Retrieved at https://www.shrm.org/resourcesandtools/hr-topics/labor-relations/pages/verizon-strike-lower-numbers.aspx
Stangler, C. (April 15, 2016) 40,000 Verizon Workers Launch One of the Biggest Strikes of the Decade: Can the strike at Verizon help kickstart the American labor movement? The Nation. Retrieved at https://www.thenation.com/article/40000-verizon-workers-launch-one-of-the-biggest-strikes-of-the-decade/
Prepare a 4- (not including title and references page) paper in which you address the following questions:
1. What is the story behind the Verizon strike of 2016?
2. How does the Verizon strike reflect the current state of unions in the United States?
3. Do you agree that the Verizon Strike “signaled a Larger Economic Battle” or was it “No Morality Play”? Support your position.
4. What can an HR manager learn from the experience of the Verizon strike of 2016?
Use at least 5 Trident Online Library sources plus any applicable background readings to support your discussion.