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ADM 477 Exercising Collective Bargaining Paper
ADM 477: Business Law
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Getting Started
Smitty’s Tuff Trucks employs 350 United Auto Workers and is subject to a collective bargaining agreement with the union. The company has struggled in recent years to turn a profit, but things began to look promising this year. Because of the popularity of its trucks, the company’s production more than tripled during the busy season. Smitty tried to keep up with demand by adding extra shifts, but it was not enough. The company was unable to find sufficiently skilled welders to work the extra plant shifts. The worker shortage caused major backlogs of orders and cost the company several lucrative contracts. To prevent further losses, Smitty’s subcontracted production of its truck trailers to ACME, Inc., a non-union shop.
The union filed an unfair labor practice complaint immediately with the National Labor Relations Board. It argued the collective bargaining agreement prohibited Smitty’s from subcontracting labor without union negotiation. Is the union right?
It is unlikely that the union will win its argument. To examine whether or not Smitty’s actions violated the terms of the collective bargaining agreement, first we must examine the context of the situation. The important factors are:
Smitty’s subcontracted its non-union labor force out of necessity. There were not enough skilled union welders available to meet demand.
Smitty’s had suffered major economic losses as a result of the labor shortage. Time was of the essence, so the company arguably had to act quickly to sustain its economic stability.
Smitty’s actions did not amount to an attempt to circumvent its collective bargaining agreement. Its goal was not to replace union workers with non-union workers. It simply needed labor to meet its production demands.
In this scenario, it is unlikely that a company in Smitty’s situation would be required to engage in collective bargaining before subcontracting labor for its workforce. Smitty’s was making a good-faith effort to address business demands and avoid economic hardship due to the lack of skilled labor.
Upon successful completion of the course material, you will be able to:
Analyze the various conflict resolution remedies available to labor and management during the collective bargaining process.
RUBRIC
Excellent Quality
95-100%
Introduction 45-41 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Literature Support
91-84 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Methodology
58-53 points
Content is well-organized with headings for each slide and bulleted lists to group related material as needed. Use of font, color, graphics, effects, etc. to enhance readability and presentation content is excellent. Length requirements of 10 slides/pages or less is met.
Average Score
50-85%
40-38 points
More depth/detail for the background and significance is needed, or the research detail is not clear. No search history information is provided.
83-76 points
Review of relevant theoretical literature is evident, but there is little integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are included. Summary of information presented is included. Conclusion may not contain a biblical integration.
52-49 points
Content is somewhat organized, but no structure is apparent. The use of font, color, graphics, effects, etc. is occasionally detracting to the presentation content. Length requirements may not be met.
Poor Quality
0-45%
37-1 points
The background and/or significance are missing. No search history information is provided.
75-1 points
Review of relevant theoretical literature is evident, but there is no integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are not included in the summary of information presented. Conclusion does not contain a biblical integration.
48-1 points
There is no clear or logical organizational structure. No logical sequence is apparent. The use of font, color, graphics, effects etc. is often detracting to the presentation content. Length requirements may not be met
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