Problem
I. Some people say that it is essential to behave ethically when negotiating. Others argue that there is no such thing as "ethics" when negotiating, because no one expects their opponent to behave in an honest, trustworthy fashion--"let the negotiator beware" is their motto. What do you think? Analyze the role of "ethics" in negotiations, supporting your position. Please provide examples of real life Unions or Management using such tactics.
II. Discuss two reasons grievances might be filed, furnishing examples of these reasons other than those found in the text.
Why is it difficult for union and management officials to resolve each grievance on its own merits?
III. Many courts are using mediators and arbitrators as "Alternative Dispute Resolution (ADR)" procedures instead of using full court trials. Suppose you were hired by a district to determine whether ADR procedures should be used with civil cases.
Create a report to the court arguing for or against ADR procedures. if you argue for ADR be sure to argue for a specific type of procedure (e.g., arbitration)
IV. At the heart of recent disputes between labor unions and management is the concept of "Right-to-work." Simply put the Right-to-Work concept means individual employees shall have the option to contribute dues to their local union and not be "forced" to contribute. Those in favor of Right-to-Work claim freedom of association without paying dues and those opposed state this tactic is used to gut funding to unions. Recently, The Supreme Court of the United States (SCOTUS) weighed in on this issue as it relates to Public Sector Unions only. In Janus v. American Federation of State, County, and Municipal Employees, Council SCOUTS voted by a narrow margin of 5-4 found that the state's collection of agency fees from nonconsenting public employees was a violation of the First Amendment. This also reversed previous precedent set by the court in Abood v. Detroit Bd. of Education.
Explain why the court got this correct AND explain why the court was wrong.
Lastly, if you were the 10th justice how would you vote and why?