Signatures Seeking Voluntary Union Recognition
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
Signatures Seeking Voluntary Union Recognition
In early April 2001, R As supporting union representation delivered to the UMass Amherst Office of the Associate Provost a petition containing a majority of R A and CDA signatures seeking voluntary union recognition. The administration declined to accept voluntary recognition (UAW Local 2322, 2010). The university’s position was quite clear. As Chancellor Scott stated, “Undergraduates at the university are clearly students. The administration does not support the effort to unionize and will follow established procedures expressing our position on the petition for recognition” (Abel, 2001). Shortly after Scott’s statement was issued, the UAW filed a petition for an election with the MLRC seeking to be certified as the exclusive bargaining representative for Ras and CDAs employed by the university (Board of Trustees, 2002).
The degree of angst and job dissatisfaction expressed by several of the R As who supported unionization was, in the minds of some, overdone. Director of University Housing Michael Gilbert said, “[R A union supporters are] definitely putting a twist on the issues…. The reality is that twice as many students applied to be an R A than slots that were available…. In the past two years, 13 R As were fired out of 700 and they all had a right to appeal the termination” (Abel, 2001).
An R A who did not support the unionization effort echoed Gilbert’s comment: “I think that the conditions are very good and we do get a free double-single on campus. We get respect from the ADs, the ARD and the UMass police department…. I don’t think it’s necessary to have an R A union on campus. It would cause chaos and disagreement. There would be too much turmoil and everyone would have a different view. Nothing would get done” (Martignetti, 2001).
Another R A agreed: “I think [union representation for R As is] a bad idea and I think they’re going to have to face the consequences later. I don’t think that this is a union-appropriate situation. It’s going to change the culture of Residence Life” (Campbell, 2002, March 6). Still another R A questioned the efficacy of the R A union, saying, “Unions were created to prevent employees from being taken advantage of…. Is it really necessary in a university setting?” (Craven, 2002).
Case Questions:
- What are the key factors that led some RAs to have interest in union representation? Do you think that RAs have legitimate job-related concerns, or are the RA complaints overstated?
- Do the RAs opposed to unionization have legitimate concerns? How could unionization change the culture of Residence Life?
12 © 2011 society for Human resource management. patrick p. mcHugh, ph.D.
- How does the law regarding union recognition for public employees in Massachusetts compare with the NLRA rules regarding union recognition for private-sector employees?
students, emPLoyees or both?
In June 2001 the university filed a motion with the MLRC to dismiss the petition for a certification election on the basis that Massachusetts collective bargaining law did not require collective bargaining between a university and undergraduates who performed services by virtue of their status as students. Between June and July of 2001, the MLRC conducted hearings where the university and the union presented testimony and documentary evidence (Board of Trustees, 2002). The major contested issue centered on R As’ dual student/employee status.
According to Massachusetts law, the term “employee” or “public employee” is defined “as any person in the executive or judicial branch of a government unit employed by a public employer with certain specified exceptions” (Commonwealth of Massachusetts, 2010). Those exceptions include elected and appointed officials; members of any board or commission; representatives of any public employer (including heads, directors and executive and administrative officers of departments or agencies of any public employer) and other managerial or confidential employees; members of the militia or national guard; MLRC employees; and officers and employees within the departments of the state secretary, state treasurer, state auditor and attorney general.
During the hearing, the university expressed concern about the appropriateness of students engaging in collective bargaining. In particular, university officials noted the problems engaging in collective bargaining with the GEO (which represented graduate teaching and research assistants), because the GEO often focused on academic matters rather than employment-related matters. For example, a graduate student filed a grievance because s/he was not rehired as a graduate assistant for the following year. It turned out the graduate student was not rehired due to unsatisfactory academic progress. According to the university, the GEO had too often inappropriately raised academic-related issues in the labor-relations process rather than employment-related issues. The university believed that similar conflicts regarding academic matters would occur if R As engaged in collective bargaining (Board of Trustees, 2002).
On January 18, 2002, the MLRC determined that R As and CDAs had the legal right to organize and engage in collective bargaining. The MLRC directed that a secret-ballot election be held on March 5, 2002, to determine if R As and CDAs desired representation by UAW Local 2322 (UAW Local 2322, 2010). R As and CDAs on the university’s payroll for the payroll period ending January 18, 2002, and who, between January 18, 2002, and March 5, 2002, had not quit or been terminated for cause were eligible to vote in the election. The university was directed
© 2011 society for Human resource management. patrick p. mcHugh, ph.D. 13
to provide a list of eligible voters based on payroll data to the MLRC, which would be shared with UAW Local 2322 (Board of Trustees, 2002).
An excerpt from the MLRC decision:
“The question before the commission is whether the dual student/employee status of R As/CDAs, should, as a matter of policy, preclude the commission from granting them collective bargaining rights. … It is well established that dual student/ employee status does not bar students who work at the same institution that employs them from exercising collective bargaining rights. … Although R As and CDAs are only eligible to apply for and continue in their position by virtue of maintaining particular academic and disciplinary standards, we do not find that bargaining with those positions would inevitably intrude into the university’s managerial prerogatives over matters of academic policy, financial aid and campus management. … the actual work performed by the R As and CDAs is not primarily educational and therefore not tied in with their student status as the university contends. R As and CDAs do not receive academic credit for their work, nor do they … have any formal academic responsibilities. … The only discrete academic aspect of the R A position is the minimum GPA requirement. If the university wished to shield that or other academic matters from collective bargaining, it could do so through the collective bargaining process, which does not compel either party to agree to a proposal or make concessions while engaged in collective bargaining. … Most of the concerns the university raises turn largely on speculation over what the union might seek to achieve in collective bargaining. … In conclusion, where the university requires the R As and CDAs to sign employment contracts and job descriptions, has prepared comprehensive R A and residence life staff manuals containing detailed terms and conditions of employment, evaluates those employees at least three times a year… imposes no formal academic requirements on the position. … The fact that one must be a student to obtain and maintain employment does not vitiate the student’s legitimate interests in his or her terms and conditions of employment, particularly where, as here, the vast majority of those terms and conditions are totally divorced from the student’s academic endeavors. Thus, we find that the policies of the law would be effectuated by granting collective bargaining rights to the university’s R As and CDAs” (Board of Trustees, 2002).
The MLRC also determined that R As and CDAs at the university belonged in the same bargaining unit rather than in separate bargaining units or in bargaining units that would include R As and CDAs from the other University of Massachusetts campuses. The MLRC determined that R As and CDAs on the Amherst campus shared a unique community of interest based on sharing virtually identical terms and conditions of employment (Board of Trustees, 2002).
Case Questions:
- Why did the MLRC determine that RAs and CDAs were employees? Do you agree with the MLRC decision? Why? Why not?
14 © 2011 society for Human resource management. patrick p. mcHugh, ph.D.
- The MLRC decided RAs and CDAs belonged in the same bargaining unit. Identify reasons why it would not be appropriate to include undergraduate security receptionists, undergraduate clerical workers or graduate teaching assistants in the same bargaining unit as RAs and CDAs.
- If the MLRC had decided undergraduate clerical workers working for Residence Life should be included in the same bargaining unit as RAs and CDAs, what implications would this have for the union recognition process in this case?
- Should RAs at other University of Massachusetts campuses be included in the same bargaining unit as the RAs on the Amherst campus?
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. GET THIS PROJECT NOW BY CLICKING ON THIS LINK TO PLACE THE ORDER
CLICK ON THE LINK HERE: https://www.perfectacademic.com/orders/ordernow
Also, you can place the order at www.collegepaper.us/orders/ordernow / www.phdwriters.us/orders/ordernow
Do You Have Any Other Essay/Assignment/Class Project/Homework Related to this? Click Here Now [CLICK ME]and Have It Done by Our PhD Qualified Writers!!