Collective Bargaining

Econ 753
Monday, 6:00 - 8:40pm
EMS E208
Spring 2008

Instructor Information:         
        Dr. Susan Donohue Davies
        Office: Bolton 834
        Phone: 229-4009
        E-mail: suedono@uwm.edu
        Office Hours: Monday 4:00 - 5:30pm and by appointment

Course Description:
This course will study all of the components of the collective bargaining process in the United States. We begin with a brief discussion of the history and legal framework for the collective bargaining process. Next we will cover union and employer bargaining structures including preparations for bargaining.

The focus of the course will be on the negotiation, scope, and day–to-day administration of contracts. This will include but is not limited to bargaining theories, administration of contracts and impasse resolution. We will conclude by looking at important changes that have occurred in the last few decades, such as pressures for employee involvement and flexibility and the impact of globalization.

Readings and Required Text:

Fossum, John A., Labor Relations, 9th Edition, Irwin/McGraw-Hill, 2005. This book will serve primarily as a reference text. A copy of the textbook will be available in the reserve area of the library (first floor, east wing). You may check out the book for 2 hours at a time.

Lewicki, Roy J., Bruce Barry, and David M. Saunders, Essentials of Negotiation, 4th Edition, Irwin/McGraw-Hill, 2006.

Additional Readings: Other readings will be available from my Pantherfile account. You may access the readings from the following website:
https://pantherfile.uwm.edu/xythoswfs/webui/suedono/Collective%20Bargaining The readings are organized by date.

Class Preparation:
Students are expected to come to class having read the suggested materials for that class and to be ready to participate in class discussions. Students are strongly encouraged to utilize email and the World Wide Web as resources for information about the class, networking, communication, and research. The course will have a website (http://www.uwm.edu/~suedono/collbarg.html) which will be updated throughout the semester.

This class will consist of a number of negotiating exercises throughout the semester. The purpose of these is to provide a simulation of various types of negotiations you may encounter. You are encouraged to use these simulations to develop and discover your own negotiating style.

Grade Determination:
Class Attendance: There are three in class negotiating exercises during the semester. These will occur on March 10th, March 31st and April 7th. Attendance is mandatory for the negotiating sessions. Your grade in the class will be reduced by one half a letter grade for each negotiating session missed, i.e. a grade of A will be reduced to an A-.

Class participation: Participation in class discussions is an important component of the learning process in this course. Before each class students should read and be prepared to discuss the materials for that class. To enhance class discussion I ask that you email one or two questions or interesting issues you found in your assigned reading to me by 3:00pm of the Monday class.

Part of your participation grade will be based on the questions you email regarding the readings. In recognition of your busy schedules you will be expected to email questions on only some of the readings. These readings are marked in the syllabus with an asterisk (*). You will be allowed to miss one week of readings during the semester. Keep in mind that you are expected to read all the required readings for each lecture.

Assignments: A series of five assignments will be due throughout the semester. Assignments will be handed out one week prior to their due date. You will be allowed to turn in one late assignment during the semester.

Final exam: There will be a take home final exam due on May 12th.

Negotiation Analysis: Students will be expected to write an analysis of a previous negotiation. The analysis will be no longer than 10 pages due on April 28th. Late papers will be penalized 5 points/day including weekends. More details on the analysis will be handed out on March 10th.

Your grade will be based on how many points out of a possible 400 that you receive. The points will be allocated as follows:

5 Homework Assignments 20 points each
Negotiation Analysis 100 points
Final Exam 100 points
Class Participation 100 points

Note: Information on the Economics Department's policies on participation by students with disabilities, accommodation for religious observances, academic conduct, complaint procedures, grade appeal procedures and other standing policies (e.g. sexual harassment, incompletes) is available in the Economics Department office. Students with special needs of any sort should contact Sue Donohue after class, by phone, by email, or in the office during the first two weeks of class.

Tentative Schedule:


Negotiation Analysis paper details handed out
Jan 28 Course Overview
Brief History of Collective Bargaining


Required Readings:
Fossum, Chapter 2

R. Block and P. Berg, "Chapter 1 - Collective Bargaining in Context," Bargaining for Competitiveness, W.E. Upjohn Institute for Employment Research, 2003, pp. 1-12.

Feb 4 Environment for Bargaining - Legal, Political, Economic and Social


Required Readings:
Fossum, Chapter 3 and 8

* I. Cohen, Political Climate and Two Airline Strikes: Century Air in 1932 and Continental Airlines in 1983-85, Industrial and Labor Relations Review, Vol. 43, No. 2, January 1990, pp. 308-323.

* M. Wachter, "Judging Unions' Future Using a Historical Perspective: The Public Choice between Competition and Unionization", Journal of Labor Research, Spring 2003, Vol. 24, No. 2, pp. 339-356.

Optional Readings:
J. O'Connell, "The NLRB at the Grassroots", Journal of Labor Research, Fall 2001, Vol. 22, No. 4, pp. 761-775.

R. Flanagan, "Has Management Strangled U.S. Unions?", Journal of Labor Research, Winter 2005, Vol. 24, No. 1, pp. 33-50.

Feb 11 Environment for Bargaining - Legal, Political, Economic and Social


Required Readings:
*L. Mishel, "Structural Determinants of Union Bargaining Power," Industrial and Labor Relations Review, Vol. 10, No. 1, October 1986, pp. 90-104.

Optional Readings:
B. Nissen, "The Recent Past and Near Future of Private Sector Unionism in the U.S.: An Appraisal", Journal of Labor Research, Spring 2003, Vol. 24, No. 2, pp. 323-338.

A. Eaton and J. Kriesky, "Decentralization of Bargaining Structure", Industrial Relations, 1198, Vol. 53, No. 3, pp. 1-28.

Feb 18 Management and Union Strategies for Negotiations

Assignment #1 due

Required Readings:
Fossum, pp. 285-297

* J. Baker, "Negotiating a Collective Bargaining Agreement: Law and Strategy - A Short Course for Non-Labor Lawyers", Labor Law Journal, April 1996, pp. 259-267.

* J. McCartin, PATCO, "Permanent Replacement, and the Loss of Labor's Strike Weapon", Perspectives on Work, Summer 2006, pp. 17-19.

Feb 25 Preparations for Bargaining

Required Readings:
R. Lewicki, B. Barry and D. Saunders, "Chapter4 - Negotiation: Strategy and Planning", in Essentials of Negotiation, Irwin McGraw-Hill, pp. 85-110.

*M. Boulanger and B. Kleiner, "Preparing and Interpreting Collective Bargaining Agreements Effectively", Management Research News, Vol 26, No 2-4, 2003, pp 193-199.

Mar 3 Behavioral Theories of Negotiation - Distributive Bargaining

Assignment #2 due

Required Readings:
Fossum, pp. 297-317

R. Lewicki, B. Barry and D. Saunders, "Chapter 2 - Strategy and Tactics of Distributive Bargaining", in Essentials of Negotiation, Irwin McGraw-Hill, pp. 27-55.

Mar 10 First Contract Negotiation
Mar 17 Spring Break
Mar 24 Behavioral Theories of Negotiation - Integrative Bargaining, Intraorganizational Bargaining

Assignment #3 due

Required Readings:
R. Lewicki, B. Barry and D. Saunders, "Chapter 3 - Strategy and Tactics of Integrative Negotiation", in Essentials of Negotiation, Irwin McGraw-Hill, pp. 58-83.

*N. Fonstad, R. McKersie and S. Eaton, "Interest-Based Negtiations in a Transformed Labor Management Setting", Negotiation Journal, Jan 2004, Vol. 20, No. 1, pp. 5-11.

* R. McKersie, S. Eaton and T. Kochan, "Kaiser Permanente: Using Interest Based Negotiations to Craft a New Collective Bargaining Agreement", Negotiation Journal, Jan 2004, Vol. 20, No. 1, pp. 13-35

Optional Readings
D. Kolb, "The Shadow Negotiation and the Interest Based Approach at Kaiser Permanente", Negotiation Journal, Jan 2004, Vol. 20, No. 1, pp. 37-46.

Mar 31 Second Contract Negotiations

Assignment #4 due

Apr 7 Second Contract Negotiations
Apr 14 Recap of bargaining strategies - Which strategy is "best"?

Assignment #5 due

Required Readings:
* R. Paquet, I. Gaetan and J. Bergeron, "Does Interest Bargaining Really Make a Difference in Collective Bargaining Outcomes?", Negotiation Journal, Jul 2000, Vol. 16, No. 3, pp. 281-296.

* S. Eaton, R. McLersie and N. Fonstad, "Taking Stock of the Kaiser Permanente Partnership Story", Negotiation Journal, Jan 2004, Vol. 20, No. 1, pp. 47-64.

Optional Readings:
J. Cutcher-Gershenfeld and T. Kochan, "Taking Stock: Collective Bargaining at the Turn of the Century", Industrial and Labor Relations Review, 2005, Vol. 58, No. 1, pp. 3-26.

Apr 21 Impasse Resolution
Contract Administration and Grievance Procedure

Required Readings:
Fossum, Chapter 12 and 14

* A. Zack, Preparing for (or Avoiding) Arbitration, A Handbook for Grievance Arbitration: Procedural and Ethical Issues, Lexington Books, New York, 1992.pp. 1-24.

* S. Goldberg, "How Interest-Based, Grievance Mediation Performs over the Long Term", Dispute Resolution Journal, Nov. 2004/Jan 2005, Vol. 59, No. 4, pp. 8-15.

* R. Peterson and D. Lewin, "Research on Unionized Grievance Procedures: Management Issues and Recommendations," Human Resource Management, Vol. 39, No. 4, Winter 2000, pp. 395-406.

Apr 28 Role of arbitration and alternative dispute resolution

Negotiation Analysis due

Required Readings:
Fossum, Chapter 15

* R. Seeber and D. Lipsky, "The Ascendancy of Employment Arbitrators in U.S. Employment Relations: A New Actor in the American System?", British Journal of Industrial Relations, Dec. 2006, Vol. 44, No. 4, pp. 719-756.

May 5 Ethics of Labor Relations

Required Readings:
* J. Delaney, "Chapter 8 - Ethical Challenges in Labor Relations," The Ethics of Human Resources and Industrial Relations, J. Budd and J. Scoville Editors, Labor and Employment Relations Series, 2005, pp. 203-228.

* D. Nelson and M. Wheeler, "Rocks and Hard Places: Managing Two Tensions in Negotiation", Negotiation Journal, Jan 2004, Vol. 20, No. 1, pp. 113-128.

* A. Carr, "Is Business Bluffing Ethical?" Harvard Business Review, Vol. 46, January/February 1968, pp. 143-153.

May 12 Final Exam due