Office R-228 Ext. 4339
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
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.
|I - Course Introduction
|B. Origins and Nature of Conflict
|II - Theoretical Constructs
|A. Theories of Negotiation
|B. Theories of Dispute Resolution
|C. Theories of Alternative Dispute Resolution
|III - Applications
|A. Individual Employment Disputes
|B. Collective Bargaining
|C. Grievance Resolution Under Collective Bargaining
|IV - Summary and Conclusions
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 OTHER
A serious commitment to learning and a serious effort toward that end.
The 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.
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
IIIA. Theories of Negotiation
- Vuchinich and Teachman, "Influences on the Duration of Wars, Strikes,
Riots and Family Arguments," Journal of Conflict Resolution, September
- 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
- Walton and McKersie, pp. 11-45, 58-84, 137-143, 352-379
B. Theories of Dispute Resolution
- 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
- Fisher and Ury, pp. 17-98
- Wall, Stark and Standifer, "Mediation: A Current Review and Theory
Development," Journal of Conflict Resolution, October 2001
C. Theories of Alternative Dispute Resolution
- 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,
- Stevens, "Is Compulsory Arbitration Compatible with Bargaining,"
Industrial Relations, February 1966
- Kriesky, "Trends in Dispute Resolution in the Public Sector," Eaton
- Donn, "Alternative Impasse Procedures in the Public Sector," Labor
Law Journal, August 1981
IV. A. Individual Employment Disputes
- 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,
- 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," in Kershen, Impasse
and Grievance Resolution
- 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)
B. Collective Bargaining
- 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
- Grob, "Dispute Resolution in the Building and Construction Trades," Eaton
- Wheeler, "Viewpoint: Collective Bargaining is a Fundamental Human Right,"
Industrial Relations, July 2000
C. Grievance Handling
- Cutcher-Gershenfeld and McHugh, "Collective Bargaining in the North American
Auto Supply Industry," in Voos, Contemporary Collective Bargaining in the
- Eaton and Kriesky, "Collective Bargaining in the Paper Industry: Developments
Since 1979," in Voos, Contemporary Collective Bargaining in the Private
- 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
- 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
IV. Summary and Conclusions
- 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
- 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
- Fisher and Ury, pp. 153-154