Case Study 6.3 - "Unilateral Work Rule Changes"
The deceptively simple zipper clause included in the labor contract is profoundly powerful in its effects, or would be so if the legal exceptions of such a clause were not so prohibitive of its seeming intent. The clause is not especially complex, and means exactly what it says -- except for instances explicitly specified by he contract, no further bargaining is needed or can be required until the termination/expiration of the contract as "all the bargainable issues for the term thereof" have been definitively addressed by the contract. When both parties (i.e. labor and management) sign this contract, it is intended to mean that both parties are agreeing that all bargainable issues have been dealt with, and that therefore no more bargaining is necessary.
In reality, however, the full scope of the clauses' stated powers cannot be enforced due to existing legal requirements enforcing mandatory bargaining on certain labor issues. The zipper clause, that is, cannot prevent either labor or management from seeking or insisting on bargaining over an area that specifically requires bargaining between the two parties under U.S. labor law. Even if the labor contract grants unilateral authority to one or the other of the parties in regards to a particular issue, any action taken that affects an area for which collective bargaining is mandated must be agreed upon by both labor and management. In this scenario, management's interpretation of the contract suggests that this contract supersedes law and legal precedent, claiming that the unilateral power granted it in the contract and the zipper clause both separately grant them absolute authority to make the new rules.
Had these rules not encroached upon grounds of mandatory bargaining, this reading of the contract would have been applicable. However, given that bonuses and incentive pay are areas of employment compensation in which decisions must be reached via collective bargaining, the issue of increased wages for achieving perfect attendance is something that must be negotiated. As the union cannot actually force management to pay any such...
"Many of our current challenges are unprecedented," the president explained. "There are no standard remedies, or go-to fixes this time around. That is why we are going to need your help. We'll need young people like you to step up. We need your daring and your enthusiasm and your energy." I will continue to offer my enthusiasm and my energy -- and hopefully I will be daring enough to
Multicultural education researchers and educators agree that preservice teachers' attitudes, beliefs, and understandings are important: foci in multicultural education coursework (Cochran-Smith, 1995; Grant & Secada, 1990; McDiarmid & Price, 1993; Pohan, 1996). Teacher attitudes and beliefs influence teaching behaviors, which affect student learning and behavior (Wiest, 1998)." 1996 study used 492 pre-service teachers to try and gauge the attitudes and beliefs among the group when it came to understanding diversity and
Convergent questions seek one or more very specific correct answers, while divergent questions seek a wide variety of correct answers. Convergent questions apply to Bloom's lower levels of Knowledge, Comprehension, and Application and may include questions like "Define nutrition," "Explain the concept of investing," and "Solve for the value of X." Divergent questions apply to Bloom's higher levels of Analysis, Synthesis, and Evaluation; are generally open-ended; and foster student-centered discussion,
1 million today, Smith explains. About 79% of ESL students have Spanish as their native language, and hence, Smith insists, "there is an urgent need for as many teachers as possible to be skilled in and passionate about working with ESL students" (Smith, 2008, p. 5). The mentor (an ESL specialist) needs to apply "professional knowledge to actual practice" when working with another teacher, Smith explains. There are two components to
Pedagogic Model for Teaching of Technology to Special Education Students Almost thirty years ago, the American federal government passed an act mandating the availability of a free and appropriate public education for all handicapped children. In 1990, this act was updated and reformed as the Individuals with Disabilities Education Act, which itself was reformed in 1997. At each step, the goal was to make education more equitable and more accessible to
Mainstreaming In education, the practice of teaching mentally or emotionally handicapped children in regular classrooms with non-handicapped children is known as mainstreaming. There has been an increasing interest in this practice since the 1960s due to numerous factors. For example, recent research shows that many handicapped students learned better in regular than in special classes. In addition, there have been charges that racial imbalances existed in special education classes. The
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