Case Answers (Case Study Sample)

Case Answers
Student’s Name
University Affiliation
Case Answers
Question One
The labor law mediates the relationship that exists between employers, employees, unions and the government for an effective understanding for discharge of services. The law outlines the rights, duties, and responsibilities of the workers to their employers. Majorly, it deals with the relationship between employers and unions, and grants employees the right to unionize. In fact, section 7 of the statute, commonly referred to as the backbone of the labor laws, outlines the employees’ rights. The rights include those of self-organization, to join or assist labor unions, and to bargain collectively through their chosen representatives; engagement in other activities deemed essential for collective bargaining, and the right to keep away from any or all of such activities except to the extent of such rights being effected by agreements requiring membership to an organization as a precondition for employment (Kohler, 2011). Furthermore, the law also allows for engagement in activities such as picketing, strikes, lockouts, seeking of injunctions; just to name a few, for employee fulfillment of certain demands.
From the aforementioned, it is evident that the labor laws explicitly encourage unionization and that its main purpose of enactment is of the same. It also tends to favor employee-union relationships, to some extent, at the expense of the employers. It defines the standard minimum wage, stipulates the safety requirements that should be met and, on the other hand, employers also can ask for restrictions as to the engagement into many labor unions and keeping of low labor costs. From the case study, public employees on the West University campus were allowed to join unions for collective bargaining, though the employers were not under any obligation to engage in bargaining with the public unions. It is stipulated from the case that the state’s general law allowed for the membership of these unions and collective bargaining. The Graduate Employee Organization (GEO), an affiliate of United Auto Workers (UAW), was the major representative of most of the employees. Clearly, from the aforesaid, the labor laws define the relationship that exists between employers, employees and trade unions, and encourages unionization for the protection of these relationships and resolution of disputes.
Question Two
Teaching assistants are recognized by the West University as an employee group and are classified together with the research assistants, and assistant resident directors (ARDs). The group is also represented by the Graduate Employee Organization, an affiliate of United Auto Workers, for collective bargaining. Teaching assistants, therefore, should be considered employees. Furthermore, in most learning institutions, teaching assistants are grouped as graduate assistants and are recognized as employees. They play the roles of helping with the conduct and delivery of services. The services provided by the assistants include, but are not limited to, leading lab and discussion sessions, helping with the grading of student assignments, creating academic instruction manuals, tutoring students, supervising exams, and assisting with offering office hour to students.
From their several functions in the University, it is paramount that teaching assistants are considered employees as this would foster their relationship with their employer, in this case the West University, and help in the protection of their rights, and the subsequent enjoyment of the benefits that comes along with such treatment. Service delivery would also improve, and this will be to the advantage of the University. Furthermore, just like other employees, teaching assistants undergo procedural appointment, are bound by rules and regulations, and may face termination of employment.
Question Three
From a personal perspective, management’s reaction towards an employee interest in unionization would differ if the employer has a prior experience with unions. Depending on the previous experience with the unions, the reaction would either be positive or negative. In most instances, the management’s view on trade unions is that of organizations that usurp their managerial authority in the workplace and, therefore, it is rear that employee engagement with these unions would be welcome; most probably, the reaction would be negative. Historically, Trade unions have always been at loggerheads with the management with the struggle centering on power issues. These unions ensure that employee’s rights in terms of better pay, a safe workplace environment, protection against discrimination, just to name a few, are met in the workplace. A strong union will, therefore, undermine an employer’s exploitation of workers, and these do not augur well with most businesses.
Businesses will always try to limit the engagement with trade unions in a bid to avoid conflicts. The cost of running a unionized enterprise is also higher than that which is not unionized. The higher costs may be inform of the higher wages paid and the many fringe benefits. Whenever employees feel dissatisfied with their pay or need additional benefits, they will either strike or take their employer to court. Furthermore, employees who are protected by unions are assured of job security and may become less competitive. From the foregoing, with an initial high union density among other employees, the management reaction to an employee interest in unionization would differ, and it would be that of minimization of costs for employee exploitation and profit maximization.
Question Four
From the case study, several key factors led to the increased interest of the Resident assistants in wanting union representation. They experienced several challenges and may have been frustrated with the nature of their work. They had to deal with the retaliation and disgruntled residents; the turnover rate was high and stood at 55 percent since most of them were fired. Most RAs felt that the method of dismissal was unfair since a resident with similar mistakes would be given only a written warning. They felt they deserved more respect than other students. There were also issues that touched on compensation. The RAs had used channels such as the formation of grievance committees for dispute resolution purposes, but their efforts bore no fruits.
From a personal point of view, the RAs job-related concerns were overstated. The RAs were entitled to a stipend of $ 1,820 for the academic year with federal and state income tax deductions. This, from a personal perspective, was a substantial amount based on the fact that they were still undergraduate students. In addition, during the last hiring, twice as many applicants applied, surpassing the available positions. This was indicative of the greater interest the job position had marshaled among the students, and thus it must have been attractive being a Resident assistant. Furthermore, when it came to firing-according to the RAs that were opposed to the idea of unionization-12 out of 600 RAs were terminated over the last two years. This is a very low turnover rate that is indicative of the willingness to work by other RAs.
Question Five
With regard to the case study of the West University, to some extent, the Resident assistants opposed to unionization had legitimate concerns. As previously stated, the RAs enjoyed a stipend of $ 1,820 per academic year; there were more applicants surpassing the available positions, and there was a low turnover rate of 12 to 600 RAs over the last two years.
Unionization would change Resident life and the perception on the roles of Resident assistants. The RAs position is majorly that of leadership, and not of work. The University has allowed most of its workers to unionize. The teaching assistants, research assistants, and the assistant resident directors unionize through the recognized Graduate Employee Organization (GEO). These workers were considered non-students and thus their roles and responsibilities spanned a wider perspective, and hence the genuine necessity of collective bargaining. On the contrary, resident assistants were students, and traditionally, were not recognized by the University as employees. Furthermore, their concerns with regard to job related issues were not very sound.
Most workers in industries join unions for the purposes of having a reasonable remuneration, safe working conditions, and enjoyment of other benefits. The RAs presented their case, wanting to join unions for protection of their work: majorly caring for undergraduate residents, and enjoy the other benefits that the union offered. However, in exchange of the 20 hours served per week, the RAs received a substantial stipend of $ 1,820 and a subsidized housing. Additionally, by highlighting the menial aspects of the nature of the work they did, the RAs overlooked the fact that their job was fundamentally that of acting as student role models through guidance and counseling, and thus their work was both a responsibility and a privilege.
If the RAs succeed in forming a union, it would be detrimental to their relationship with the University. As it currently stands, RAs acts as liaisons between the students and the university; the tension that is always accompanied by unions might destroy this rel...