TAKE HOME EXAM Harvard Case Solution & Analysis

TAKE HOME EXAM Case Solution

DIFFERENCE BETWEEN HORIZONTAL AND VERTICAL BARGAINING:

 

HORIZONTAL BARGAINING

 

·         In horizontal bargaining the conflicts of labor are well defined and matched. For example; all the types of labor requires increase in fringe benefits which are health insurance and other allowances by the companies.

VERTICAL BARGAINING

 

·         In vertical bargaining; the conflicts of labors are not matched amongst them because of their hierarchy. For example; senior labors are concerned for over pension fund while junior labor are concerned on wage rate.

IMPORTANCE OF INTRAORGANIZATIONAL BARGAINING:

The intraorganizational bargaining is important for both; labors and the management because of the different hierarchy with in the labors and within the management. Employee belonging  to these different hierarchy desires different advantages and requirements from the employers. Intraorganizational importance also relies on the fact that this process fulfills the requirement for all the labors or management personnel related to the different hierarchies.

EXAMPLE FROM THE MOVIE “AMERICAN DREAM”:

“Lewie Anderson” a character in the movie “American dream” who was a negotiator sent by a parent union (Labor union) to resolve the conflicts between the labors and  the management about decreasing wages and increasing company’s profits. The authority to Lewie Anderson was limited regarding decision making because of the different requirements amongst management and labors which led the labors to go on strike. In the response of this action of labors, the company hired permanent replacement employees because of which the labors who were on strike suffered.

Intraorganizational bargaining can differ between management and labor in the requirements and advantages described by employees in different hierarchies.

Q no. 5:

ANSWER:

The BART labor represented by the service employee international union has more bargaining power than the officials because of the 4 days strike which cost the city $450,000 and surged the 22 percent increase i.e. increase of 10000 passengers for the other transportation agency. This increased the passengers cost more to other transportation agencies which were operating parallel to BART. Due to the strike, the management increased the wage of the labor and changed the working rule that training managers will not operate trains due to the stoppage time. The suite was also filed in Alameda County superior court because of the strike by BART labor officials.

The scenario clearly showed that, Labor union of BART has more bargaining power than the management which made them to reach an agreement on the terms of labor and took action against the management employees by filing a suit in Alameda County Superior Court.

Q no. 6:

ANSWER:

SIMILAR AREAS OF COLLECTIVE BARGAINING AGREEMENT AND EMPLOYMENT LAW:

The employment law and collective bargaining agreement shared somewhat similar laws and regulations regarding employment and labor law, but the law defined by the collective bargaining agreement regulates the labor union beyond and above the employment laws.

The similarity between the collective bargaining agreement and employment law is the rights given to the individuals who are employed in the company. These rights includes; increase in salary wages, fringe benefits, paid vacations leaves and other allowances by the company. The other laws which are similar to collective bargaining agreement are; job security, discrimination and racism amongst the employees. These law enables the organization to take strict actions against these type of unlawful act.

ADDITIONAL STEPS TAKEN BY BARGAINING AGREEMENT IN COMPARISON WITH EMPLOYMENT LAW:

The collective bargaining agreement regulates the union to help the labors or individuals to protect their rights. In comparison with employment law where the company can delay the process of giving right or increment to its employees the collective bargaining agreement regulate the labor union to resolve the issues of the labor and the employer within the best time possible. If the employer is deliberately delaying the action, the labor has the right to go on strike which would further pressurize the employer. In employment law the options of strike is not available and no union is representing the employee or the labor which could weaken the employee or labor power and the employer could further delay the action. The labor union could set bargaining schedule early where as in employment law the employee or labor has to go to court to file the case which will take more time and effort in comparison with collective bargaining agreement.

UNION BARGAINS FOR OUT OF WORK LABOR:

Due to some injury or labor retirement, the labor union bargained with the company to provide support to the labor and employee in the form of pensions. These efforts were made by the labor union to increase the pension funds of the employees who are working so when they retire; they can receive high pensions, this option is not available for the non-union labors as no one is there to present and bargain with employers which resulted in low pension funds transferred by the employer. Although when a labor or employee fell ill, some companies lay of the sick employees instead of granting them the leaves or offs to get well and continue working. In this case, the labor union take steps in to protect employment of the employees by restricting the employer from laying off the employees in cases of injuries or health related issues...........

 

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