аЯрЁБс > ўџ N P ўџџџ M џџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџьЅС q П 28 bjbjt+t+ 0X A A 4 џџ џџ џџ ] 8 P d D V Ь Ь ( є є є є є є $ X є L ~ A є є є є є A є є є Ь є є є є є є є є є Р S є Ј $ Џ/љЕС є HRM702-Dispute Resolution Cliff Donn Spring 2002 Office R-228 Ext. 4339 E-mail donn@mail.lemoyne.edu TOPICS: This course will deal with issues related to conflict and conflict resolution especially in employment settings. Particular attention will be paid to issues related to collective bargaining. The material presumes you have completed at least one graduate-level course in human resource management, normally HRM 601. SOURCES: The texts for the course will be Roger Fisher and William Ury, Getting to Yes and Eaton and Keefe, Employment Dispute Resolution and Worker Rights in the Changing Workplace which can be purchased in the college bookstore. You will also be required to read substantial selections from Richard Walton and Robert McKersie, A Behavioral Theory of Labor Negotiations . You can purchase your own copy of this if you would like to have it from Amazon.com or you can use it at the library where it is on reserve or you can borrow a copy from the instructor who has several for that purpose. Other references, on reserve at the library, include selections from a variety of journals including in particular the Journal of Conflict Resolution. REQUIREMENTS: All students will take a comprehensive final examination in class on Wednesday, May 8. Each student will participate in a simulated negotiation exercise which will be worth 10% of the final grade, and each student will partipate in a simulated arbitration exercise which will be worth 10% of the grade. There will be an optional mid-term examination on February 25, which will count 20% of the final grade. Each student will give a 10-15 minute in-class presentation on a topic related to the course. That topic along with prospective sources and an outline must be approved by the instructor as part of a formal submission due on February 11. The presentation (and the material submitted to the instructor at the completion of the presentation) will be worth 20% of the final grade. Regular class attendance and participation in class discussion are expected. Students who attend class and are prepared for discussion on a daily basis can expect these facts to be reflected in their grades. The inverse is also true. Class participation is worth 10% of the final grade. In summary, each of the two simulations will be worth 10% of the grade (20% total), the presentation and research materials will be worth 20% of the grade, class participation will be worth 10% of the grade, the mid-term exam will be worth 20% of the grade for those who choose to take it, and the final exam will be worth the balance (30% or 50%). If you have a documented disability and wish to discuss academic accommodations, please contact the instructor within the first week of class. CLASS SCHEDULE: Please use this schedule to plan your reading which should be done before the relevant class. PRIVATE
Course TopicsDatesI - Course IntroductionA. IntroductionJanuary 14B. Origins and Nature of ConflictJanuary 28II - Theoretical ConstructsA. Theories of NegotiationFebruary 4B. Theories of Dispute ResolutionFebruary 11C. Theories of Alternative Dispute ResolutionFebruary 18III - ApplicationsA. Individual Employment DisputesFebruary 25,March 4B. Collective BargainingMarch 11C. Grievance Resolution Under Collective BargainingApril 8IV - Summary and ConclusionsMay 6 CLASS ACTIVITIES PRIVATEActivitiesDates Presentation TopicsFebruary 11Mid-term ExamFebruary 25Negotiation SimulationMarch 18Arbitration SimulationApril 15Class PresentationsApril 22,29Final ExamMay 8 EXPECTATIONS WHAT I EXPECT FROM YOU I expect that you will come to class each evening on time, having done the reading assignment and prepared to participate by asking and answering questions and by expressing your opinions. I expect that you will ask questions about anything you don't understand. I expect that assignments will be done and turned in on time and that they will reflect the best work you can do. I expect that you will contact me if you are having any problems in the course or if you are having personal problems which may affect your performance in the course. Overall, I expect you to work hard at getting the most out of this course that you possibly can. In accordance with the policies of the New York State Department of Education which accredits Le Moyne College, you can expect to be assigned two to three hours of outside work for each hour of class time in the course. Regular attendance and class discussion are an integral part of this course. If you unavoidably have to miss a class you should make sure that you get the class material from your classmates. You should also expect to be assigned extra work to make up for the class discussion which has been missed.WHAT YOU CAN EXPECT FROM ME You can expect that I shall come to class on time each day having thought about and prepared the material. You can expect that I shall answer your questions to the best of my ability and that your opinions will be heard with respect. You can expect that your assignments and exams will be graded carefully and returned in a timely manner and that you will be given an explanation of why you receive the grades you receive. You can expect that I shall make time to see you if you need to see me and that I shall keep regular office hours. WHAT WE SHOULD EXPECT FROM EACH OTHERA serious commitment to learning and a serious effort toward that end. EXPECTED OUTCOMESThe successful student will understand issues of how conflict arises and will be familiar with the literature which discusses how conflict can be resolved. The successful student will also acquire techniques for the resolution of conflict in the workplace and in daily life. READING LIST I. B. Origin and Nature of Conflict Fisher and Ury, Chap. 1, "Don't Bargain Over Positions" Walton and McKersie, Chap. 1, "Introduction and Theoretical Framework Optional: Vuchinich and Teachman, "Influences on the Duration of Wars, Strikes, Riots and Family Arguments," Journal of Conflict Resolution, September 1993 Hirshleifer, "The Macrotechnology of Conflict," Journal of Conflict Resolution, December 2000 Garfinkel and Skaperdas, "Conflict without Misperceptions or Incomplete Information," Journal of Conflict Resolution, December 2000 Hwang and Burgers, "Apprehension and Temptation: The Forces Against Cooperation," Journal of Conflict Resolution, February 1999 IIIA. Theories of Negotiation Walton and McKersie, pp. 11-45, 58-84, 137-143, 352-379 Optional: Raiffa, The Art and Science of Negotiation 1982 Polzer, "Intergroup Negotiations," Journal of Conflict Resolution , December 1996 Sopher, "Concession Behavior in a Bargaining Game: A Laboratory Test of the Risk Dominance Principle," Journal of Conflict Resolution , March 1994 Druckman, "Determinants of Compromising Behavior in Negotiation: A Meta-Analysis," Journal of Conflict Resolution, September 1994 Brams and Doherty, "Intransigence in Negotiations," Journal of Conflict Resolution, December 1993 Crawford, "A Theory of Disagreement in Bargaining," Econometrica , May 1982 Farber and Bazerman, "Why is There Disagreement in Bargaining," American Economic Review, Papers and Proceedings, May 1987 B. Theories of Dispute Resolution Fisher and Ury, pp. 17-98 Wall, Stark and Standifer, "Mediation: A Current Review and Theory Development," Journal of Conflict Resolution, October 2001 Optional: Cutcher-Gershenfeld, Kochan and Wells, "In Whose Interest? A First Look at National Survey Data on Interest-Based Bargaining in Labor Relations," Industrial Relations, January 2001 Diana Richards, "Reciprocity and Shared Knowledge Structures in the Prisoners Dilemma Game," Journal of Conflict Resolution, October 2001 Brett and Goldberg, "Dispute Systems Design," Perspectives on Work , V.1, n.1, 1997 Zubek et al., "Disputant and Mediator Behaviors Affecting Short-Term Success in Mediation," Journal of Conflict Resolution, September 1992 Kaufman and Duncan, "A Formal Framework for Mediator Mechanisms and Motivations," Journal of Conflict Resolution, December 1992 Kleiboer, "Understanding Success and Failure of International Mediation," Journal of Conflict Resolution, June 1996 Grieg, "Moments of Opportunity: Recognizing Conditions of Ripeness for International Mediation," Journal of Conflict Resolution, December 2001 C. Theories of Alternative Dispute Resolution Stevens, "Is Compulsory Arbitration Compatible with Bargaining," Industrial Relations, February 1966 Kriesky, "Trends in Dispute Resolution in the Public Sector," Eaton and Keefe Donn, "Alternative Impasse Procedures in the Public Sector," Labor Law Journal, August 1981 Optional: Hebdon, "Public Sector Dispute Resolution in Transition," in Belman et al., Public Sector Employment in a Time of Transition Zack, "Can Alternative Dispute Resolution Help Resolve Employment Disputes?" International Labor Review, V.136, n.1 Spring 1997 Posthuma and Swift, "Legalistic and Facilitative Approaches to Arbitration: Strengths and Weaknesses," Labor Law Journal, Fall 2001 Babcock and Taylor, "The Role of Arbitrator Uncertainty in Negotiation Impasses," Industrial Relations, October 1996 Chelius and Extejt, "The Narcotic Effect of Impasse Resolution Procedures," Industrial and Labor Relations Review, July 1985 Donn, "Games Final Offer-Arbitrators Might Play," Industrial Relations , October 1977 Donn and Hirsch, "Making Interest Arbitration Costly: A Policy Proposal," Journal of Collective Negotiations in the Public Sector V.12, n.1, 1983 Farber, "An Analysis of Final-Offer Arbitration," Journal of Conflict Resolution, December 1980 Farber, "Splitting-the-Difference in Interest Arbitration," Industrial and Labor Relations Review, October 1981 Feuille, "Final Offer Arbitration and Negotiating Incentives," Arbitration Journal, September 1977 Sosnick, "Non-Stoppage Strikes: A New Approach," Industrial and Labor Relations Review, October 1964 Staudohar, "Quasi-Strikes by Public Employees," Journal of Negotiations in the Public Sector, Fall 1984 IV. A. Individual Employment Disputes Dunlop and Zack, "The New Frontier of Employment Dispute Resolution," Perspectives on Work, V.1, n.1, 1997 Zack, "Agreements to Arbitrate and the Waiver of Rights under Employment Law," Eaton and Keefe Kim and Mauborgne, "Fair Process: Managing in the Knowledge Economy," HBR July-August 1997 (photocopy provided) Gamlem and Sommer, "Developing an Alternative Dispute Resolution Program," SHRM White Paper, November 1997, (photocopy provided) Optional: Bingham, "An Update on Employment Arbitration and the Courts," Perspectives on Work, V.2, n.2, 1998 Stone, "Employment Arbitration under the Federal Arbitration Act," Eaton and Keefe B. Collective Bargaining Grob, "Dispute Resolution in the Building and Construction Trades," Eaton and Keefe Wheeler, "Viewpoint: Collective Bargaining is a Fundamental Human Right," Industrial Relations, July 2000 Optional: Cutcher-Gershenfeld and McHugh, "Collective Bargaining in the North American Auto Supply Industry," in Voos, Contemporary Collective Bargaining in the Private Sector Eaton and Kriesky, "Collective Bargaining in the Paper Industry: Developments Since 1979," in Voos, Contemporary Collective Bargaining in the Private Sector Craypo, "Meatpacking: Industry Restructuring and Union Decline," in Voos, Contemporary Collective Bargaining in the Private Sector Cobble and Merrill, "Collective Bargaining in the Hospitality Industry," in Voos, Contemporary Collective Bargaining in the Private Sector Belzer, "The Motor Carrier Industry: Truckers and Teamsters Under Siege," in Voos, Contemporary Collective Bargaining in the Private Sector Allen, "Developments in Collective Bargaining in Construction in the 1980s and 1990s," in Voos, Contemporary Collective Bargaining in the Private Sector C. Grievance Handling Lewin, "Theoretical and Empirical Research on the Grievance Procedure and Arbitration: A Critical Review," Eaton and Keefe Kaminski, "New Forms of Work Organization and Their Impact on Grievance Procedures," Eaton and Keefe Optional: Ichniowski and Lewin, "Grievance Procedures and Firm Performance," in Kleiner et al., Human Resources and the Peformance of the Firm Bingham and Mesch, "Decision Making in Employment and Labor Arbitration," Industrial Relations, October 2000 Feuille, "Grievance Mediation," Eaton and Keefe Bemmels, "Shop Stewards Satisfaction with Grievance Procedures," Industrial Relations, October 1995 Elkouri and Elkouri, How Arbitration Works, Chap. 1 "Arbitration and Its Setting" Keene, "Collective Bargaining and Compulsory Arbitration of Americans with Disabilities Act Claims," Labor Law Journal, December 1997 Petersen and Boller, "Arbitral Responses to the Changing External Law of Discrimination," Labor Law Journal, December 1998 IV. Summary and Conclusions Fisher and Ury, pp. 153-154 PAGE 1 PAGE 7 ? ч ѕ T ш g , - 4 5 6 = R Z o p w x y ї W u м њ ] { њ F d н ћ ] { С п $! 0! }! ! K" i" # ,# # Ж# ѓ# $ v$ $ ј$ % q% % §% &