Explain the contract bar doctrine

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Reference no: EM132440026

Question 1. "My employer monitors my e-mail and internet usage at work and tracks my location through the GPS feature of my cell phone. I receive work-related text messages or voice mails almost every day of the week and often after normal scheduled work hours. These messages are often seeking information or making comments that could easily have waited until the next business day. I am frustrated that I always seem connected to work with little private time to pursue my own interests. What advice could you give me on how to manage the job stress of working in a technologically connected work environment? Is there any way I can capture some private time without making it appear to my employer that I'm not motivated to constantly improve my job performance? Also, under what conditions does my employer have to pay me overtime for such work?"

Question 2. Think of a public organization with which you are familiar. Explain how it differs from a private company in terms of the following:

  • Nature of its service.
  • Relationship between its budget and collective bargaining processes.
  • Bargaining structure and decision-making processes.
  • Negotiable issues and bargaining tactics.
  • The right to strike.

Question 3. Explain the contract bar doctrine. How would it influence the negotiation of the first labor agreement?

Question 4. Are current legal remedies for bad faith bargaining adequate to promote compliance with the LMRA's goal of good faith bargaining? Why or why not? What recommendations would you suggest for improving compliance with the goal of promoting good faith bargaining?

Question 5. Which type of pension plan would you prefer to be covered under (i.e., defined benefit, defined contribution, or cash balance) and why, if you were an employee? An employer?

Question 6. How did World War II and the National War Labor Board greatly expand the use of arbitration?

Reference no: EM132440026

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