1. Because of the duty of fair representation, unions have an obligation to represent all workers fairly and thus unions are sometimes put in the awkward role of advocating on behalf of a poor performing worker—but this is their legal obligation. Do you think this is right? How do you think this makes exemplary workers feel? Do you think exceptions should be made if, for example, an employer has only met five of the seven tests of just cause?
2. In order to avoid costly court cases over alleged discrimination, harassment, or other employment law violations, some employers are requiring employees to agree in advance to waive their rights to court action and to instead arbitrate these claims. Do you think this is fair? Why or why not? If you were offered a job, but asked to sign such an agreement before being hired, would you? Why or why not?
3. With current employment law, do you believe an open door policy is an adequate grievance procedure? What are the advantages and disadvantages when compared to union contract grievance procedures?