HRM633A Seminar in Employee Relation
Answer the two below questions in an essay use APA format and be sure to sight at least 4 sources.
Here is the textbook to review
· 1st source that you use should be.
· Labor Relations and Collective Bargaining, 10th Edition
By: Carrell, Michael R.
Access the E-book via the link and login information below via vitalsource.com.
· Login information for the link above is
(Answer both Questions in an Essay).
Question 6a: After reading the scenario below, do you think the NLRB let the owners keep the turkeys or had to give them up to the employees? Why? The answer will be shown by the instructor’s post and visible once you submit your answer.
Facts: The company gave their employees for the last 15 years turkeys on Thanksgiving and Christmas prior to 1977. In 1978, the company signed its first collective bargaining agreement which made no mention of providing turkeys to employees. It did, however, contain a zipper clause that read:
It is acknowledged that during negotiations that resulted in this agreement, the union had the unlimited right and opportunity to make demands and proposals with respect to all proper subjects of collective bargaining. Therefore, for the life of this agreement, the union agrees that the company shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this agreement.
In 1978, the first year of the contract, the company did not give the employees any turkeys on Thanksgiving and Christmas. Thinking it was an unfair labor practice, the union filed charges against the company with the National Labor Relations Board. The union claimed that the company’s unilateral action in discontinuing the turkey bonus was a refusal to bargain in good faith. The company responded that the bonus was not in the contract, and it was under no duty to provide it. Further, it contended that the zipper clause precluded any claim for bargaining during the term of the contract and that the matter was an issue for arbitration, not board action.
Question 6b: How do you think the arbitrator ruled on vacation pay? Why? The answer will be shown by viewing the instructor’s post and visible once you submit an answer.
Vacation Pay Disagreement Goes to the Arbitrator
Facts: When Cee-Jay resigned from his job at the end of January 2019, the payroll supervisor ensured that his final check included all pay and allowances due as of his last day of work. The owners of the company assumed that was the last they would see of their former employee, but seven months later—shortly before August 1 of that year—Cee-Jay showed up to collect his one week of vacation pay. The payroll supervisor said Cee-Jay was not due the vacation pays. Yet, Cee-Jay being a first-year law student expected that response and had a copy of the union contract with him, with sentences in the vacation pay clause underlined. “It says here that to be eligible for a week of vacation an employee must have worked 100 days prior to August 1 of the vacation year,” he pointed out. Cee-Jay told the payroll supervisor that he finished his last vacation on August 10, and worked more than 100 days before he quit, so he is entitled to the vacation pay.
“But that clause, and the reference to August 1, that requires an employee would still be on the payroll when the new vacation season rolls around,” the payroll supervisor explained to Cee-Jay.
Cee-Jay in a legal pose, asserted, “Maybe that’s what you presupposed, but that is not what the union asserts. I checked with the union, and they agree with me that I’ve got the money coming to me.”
As Cee-Jay was no longer an employee, he could not file a grievance directly. The union, however, filed one on his behalf. When the company denied Cee-Jay his vacation pays, a few months later the union summoned an arbitrator to rule on how the following contract language applied to Cee-Jay’s case:
CONTRACT LANGUAGE: ARTICLE XVII—VACATIONS:
Employees to be eligible for one week’s vacation with pay shall have worked 100 working days prior to August 1 of the vacation year. An employee’s vacation pay is to be based upon the straight time average earned for the months of January, February, and March or February, March, and April of the vacation year. The period selected to be on a departmental basis. Employees on leave of absence due to injury, sickness, or other need for medical care shall be considered as working during such leaves of absence for purposes of computing vacations.
The company’s main arguments were:
1. The reference to August 1 means that only those on the payrolls as employees on that date are entitled to vacation pay, provided they also meet the 100-day requirement.
2. According to union interpretation, a man who quits after working 100 days after his last vacation can still get vacation money the following year. This was not the intention of the negotiators.
3. The fact that the rate of vacation pay is based upon earnings during the first three or four months of the year reinforces management’s judgment that a man can’t quit in January and still collect for a vacation.
The union’s answer was:
1. According to management interpretation, an employee who quits or dies at the end of July would not be entitled to any vacation money, no matter how many days he worked since the last vacation. It is not believable that the negotiators could have intended such a result.
2. The August 1 date is merely the cutoff point for meeting the 100-day requirement. It doesn’t mean that an employee who already qualified for vacation money must be employed on that date.
3. The reference to January through April is just a convenient way of computing the amount of vacation pay. It has nothing to do with eligibility. We will have no trouble determining the amount of money Cee-Jay is supposed to receive.
• publish a fully developed essay analyzing the scenarios and provide evidence for your decision with research.
• Be sure to use academic, peer reviewed articles, studies, trade journal source(s) published within 5 to 6 years beyond the course text to support your ideas – see grade rubric. A simple internet, .com, blog or web search in most cases is not academic.
• Don’t Quote Sources Unless Absolutely Necessary: Overusing quotations often causes more problems than it helps. For example, using a quote to make a point “jigsaws” the quoted point into your point causing the message to be vague, narrowly focused or overly generalized. Further, quotations often result in “sound bites” rather than explaining the main point(s) of the source. As a solution, the American Psychological Manual (APA) 7th Ed. recommends that students summarize the information in their sources (what is the main point(s) or purpose of the work?) rather than directly quoting from the author(s) because paraphrasing allows students to fit the material to the context of their paper to ensure the message is clear. Grading includes ensuring quoting is kept to a minimum and that the summarizing of the source is accurate and clearly connects to the students topic.