Question 1

What is the difference between an offensive and a defensive lockout and for each give an example of a situation in which an employer might want to use it. What are the rights of strikers and strike replacements in a lockout situation? (15 minutes)

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Question 2

When state law requires parties to a labor dispute to go to arbitration for a settlement, it is known as _______________________________ arbitration.

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Question 3

Most government employees do not have the right to strike, regardless of their reason for wanting to do so. Why are strikes generally prohibited in the public sector? (5 minutes)

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Question 4

Explain the circumstances under which a U.S. president is allowed to intervene in a labor dispute between management and a union that has resulted in a strike.

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Question 5

_______________________________ final offer arbitration is when the arbitrator must select one or the other party's final offer on all the disputed contract terms, like wages, health insurance, holidays, etc.

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Question 6

Arbitration is said to have a _______________________________ when negotiators decide to let arbitration settle their disputes instead of negotiating to the best of their ability.

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Question 7

Some states use a hybrid dispute resolution procedure called _______________________________ that begins with mediation and, in the event no settlement is reached, ends in final and binding arbitration.

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Question 8

The number of strikes in the U.S. has been steadily declining since around 1975. What factors are likely to explain this decline? (10 minutes)

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Question 9

Explain the relationship between labor market conditions and the probability of a strike occurring. What other factors do you believe might increase (or decrease) the incidence of strikes nationwide? (5 minutes)

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Question 10

What is the difference between an economic strike and an unfair labor practice strike? Describe the rights of strikers and strike replacements in both economic and unfair labor practice strikes. (20 minutes)

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Question 11

To try to lessen the potential chilling effect of conventional arbitration, _______________________________ arbitration constrains the arbitrator to choose either the union's offer or the employer's offer.

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Question 12

If bargaining impasses occur so infrequently and so few working days are lost due to strikes, why is it important to study bargaining impasses and various alternative dispute resolution mechanisms?

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Question 13

_______________________________ is a third party dispute resolution method in which a neutral third party investigates a bargaining impasse and issues nonbinding recommendations for a settlement.

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Question 14

Explain what a boycott is and discuss the limitations of the boycott as a tactic to pressure employers to agree to a union's terms in contract negotiations.

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Question 15

The uncertainty of what the arbitrator will choose and the loss of control by the negotiators over settlement terms motivate negotiators to reach their own negotiated agreement without resorting to arbitration. This is known as the _______________________________ effect.

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Question 16

In 2007-2008, more than 12,000 members of the Writers Guild of America went out on strike after contract negotiations with the Alliance of Motion Picture and Television Producers (AMPTP) came to impasse. The strike started in November, 2007 and concluded in February, 2008 and, by some estimates, cost the industry around $2 billion. Given the expense of the strike to the industry and lost income to the writers, what other alternatives might the writers have considered in their quest to pressure the AMPTP to make concessions? Why do you think the Writers Guild decided to strike instead of pursuing these less costly alternatives?

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Question 17

Describe the legal limitations on picketing. Why do so many restrictions exist? (10 minutes)

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Question 18

Not all strikes are created equal. Describe the various kinds of strikes that might be used by employees and explain how they are treated under the law. (15 minutes)

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Question 19

_______________________________ final offer arbitration is when the arbitrator decides whether to accept either the union's or employer's final offer for each item in the negotiations.

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