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Syllabus

The information contained on this page is designed to give students a representative example of material covered in the course. Any information related to course assignments, dates, or course materials is illustrative only. For a definitive list of materials, please check the online catalog 3-4 weeks before the course start date.
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LER 437 - Workplace Dispute Resolution


Overview

This course examines dispute resolution procedures in unionized and nonunion workplaces. The course includes an examination of grievance procedures in unionized workplaces and the system of labor arbitration. Students will read labor arbitration decisions and become familiar with arbitral principles. The second major theme of the course is an examination of the design and use of nonunion workplace dispute resolution procedures. Students will read descriptions and analyses of examples of nonunion grievance procedures. The course will look at procedures for resolving employment law disputes and the major public policy debates surrounding mandatory nonunion arbitration procedures. Students will have the opportunity to read some of the major legal cases in this area of the law and perspectives both for and against mandatory arbitration.

A key objective of the course is to enable students to both understand and think critically about different alternative dispute resolution procedures and their role in labor and employment relations. As part of achieving this objective, the course will include simulated dispute resolution exercises to provide students with experience in using techniques such as arbitration and mediation. Students will participate in mock labor arbitrations.

This course builds on and is complementary with other coursework in Labor and Employment Relations in the areas of employment relations, employment and labor law, and human resource management. It also compliments courses in other departments in the area of dispute management and resolution, including the Minor in Dispute Management and Resolution. LER 437 may also be taken as an elective by students in the MS in Human Resources and Employment Relations and compliments course work in the graduate program.


Objectives

Upon successful completion of this course, you will be able to:

  • Summarize the history of arbitration as developed in the law, the courts, and the National Labor Relations Board.
  • Read and understand the procedure and objectives of union and non-union grievance procedures.
  • Recognize the importance of the grievance procedure as a means of fully disclosing each party’s evidence and arguments.
  • Explain the current state of employment law dispute resolution and the necessity of due process for the employee to ensure fairness.
  • Understand and appreciate the role mediation plays in dispute resolution.
  • Explain and think critically about the various forms of workplace dispute resolution (union and non-union) and the advantages and disadvantages of each system.
  • Actively participate in all phases of an arbitration hearing from preparation through to a decision.

Required Course Materials

Most World Campus courses require that students purchase materials (e.g., textbooks, specific software, etc.). To learn about how to order materials, please see the Course Materials page. You should check LionPATH approximately 3–4 weeks before the course begins for a list of required materials.

Library Reserves (e-Reserves)

Supplemental required and suggested readings will be available on e- Reserves under the instructor's last name.


Library Resources

Many of the University Libraries resources can be utilized from a distance. Through the Libraries website, you can

  • access magazine, journal, and newspaper articles online using library databases;
  • borrow materials and have them delivered to your doorstep—or even your desktop;
  • get research help via email, chat, or phone using the Ask a Librarian service; and
  • much more. 

You must have an active Penn State Access Account to take full advantage of the Libraries' resources and service.  The Off-Campus Users page has additional information about these free services.


Software

One of the benefits of being a registered Penn State student is that you are eligible to receive educational discounts on many software titles. If you are interested in learning more about purchasing software through our affiliate vendor, please visit the Buying Software section of the Course Materials page.


Technical Specifications

Technical Requirements
Operating System

Canvas, Penn State's Learning Management System (LMS), supports most recent versions of Microsoft Windows and Apple Mac operating systems. 

To determine if your operating system is supported, please review Canvas' computer specifications.

Browser

Canvas supports the last two versions of every major browser release. It is highly recommended that you update to the newest version of whatever browser you are using.

Please note that Canvas does not support the use of Internet Explorer. Students and instructors should choose a different browser to use.   

To determine if your browser is supported, please review the list of Canvas Supported Browsers.


Note: Cookies must be enabled, and pop-up blockers should be configured to permit new windows from Penn State websites.
Additional Canvas Requirements For a list of software, hardware, and computer settings specifically required by the Canvas LMS, please review Canvas' computer specifications.
Additional Software

All Penn State students have access to Microsoft Office 365, including Microsoft Office applications such as Word, Excel, and PowerPoint.

Students will need a PDF reader, such as Adobe Reader.

Hardware

Monitor: Monitor capable of at least 1024 x 768 resolution
Audio: Microphone, Speakers
Camera (optional, recommended): Standard webcam - many courses may require a webcam for assignments or exam proctoring software.

Mobile Device (optional) The Canvas mobile app is available for versions of iOS and Android. To determine if your device is capable of using the Canvas Mobile App, please review the Canvas Mobile App Requirements.


Student Education Experience Questionnaire (SEEQ)

During the semester you will receive information for completing the Student Education Experience Questionnaire (SEEQ). Your participation is an opportunity to provide anonymous feedback on your learning experience. Your feedback is important because it allows us to understand your experience in this course and make changes to improve the learning experiences of future students. Please monitor email and course communications for links and availability dates.


If you need technical assistance at any point during the course, please contact the Service Desk.

For registration, advising, disability services, help with materials, exams, general problem solving, visit World Campus Student Services!


Course Schedule

Course Schedule

All Activities are due by midnight Eastern time on the last date of each Lesson unless otherwise noted.

Course Introduction and Lesson 1: Historical and Legal Foundations
Readings
  • Review Canvas Orientation
  • Course Introduction materials
  • Commentary: History and Legal (audio or text option)
  • Text: Chapter 1 (1:01-1:07) and Chapter 2 (2:01-2:14)
  • Online:
    • Visit and browse www.nlrb.gov. Read the following on the site:
      • Employee Rights
      • Employer/Union Rights and Obligations
      • Who We Are
    • GC 11-05, regarding NLRB deferral to arbitration policy.
Activities
  • Complete Course Introduction activities
Lesson 2: The Collective Bargaining Agreement
Readings
  • Commentary: CBAs (audio or text option)
  • Review sample grievance procedures
  • Text: Chapter 3 (3:01-3:12)
Activities
  • Participate in Lesson 02 Reactions to Readings Discussion
Lesson 3: Grievances: Prelude to Arbitration
Readings
  • Comentary: Grievances (audio or text option)
  • Online:
    • Workplace ADR: What's New and What Matters?
      (Lewin at http://naarb.org/proceedings/pdfs/2007-23.PDF
    • Workplace Justice Without Unions (Wheeler)
      http://naarb.org/proceedings/pdfs/2005-121.PDF
    • Due Process Protocol
    • Optional Reading/Reference: Rules for Employment Arbitration
Activities
  • Complete Grievance or Gripe practice quiz
  • Complete the Garbage Collector Run simulation
  • Participate in Grievance or Gripe Debrief Discussion
Lesson 4: Non-Union Grievance Procedures
Readings
  • Interview with Margaret Brogan, Esquire (audio or text option)
  • Review sample non-union grievance procedures at
    http://www.hr.msu.edu/complaints/supportstaff/GrievanceProcedures.htm
    http://www.missouristate.edu/human/staffhandbook/Chapter10.htm
  • Online:
    • "An Introduction To Mandatory Arbitration and Class Action Waivers (Winograd), at http://naarb.org/proceedings/pdfs/2008-127.PDF
    • "Mandatory Arbitration: Why It's Better Than It Looks (St. Antoine) at http://naarb.org/proceedings/pdfs/2009-99.PDF
    • "Interest Arbitration In Pennsylvania" (Frankiewicz) at http://naarb.org/proceedings/pdfs/2009-145.PDF
    • Visit www.state.pa.us and read the following:
      • Collective Bargaining Law for School Employees (Act 88)
      • PA Labor Relations Act (Act 294)
      • Police & Firefighter Collective Bargaining Law (Act 111)
      • Public Employee Relations Act (Act195)
    • Optional Reading/Reference: Supreme Court cases on mandatory arbitration ('Google' case name to find text)
      • Gilmer v. Interstate/Johnson Lane, 500 US 20 (1991)
      • Circuit City Stores v. Adams, 532 US 105 (2001)
      • Rent-A-Center v. Jackson, 130 SCt 2772 (2010)
      • AT&T Mobility v. Concepcion, 131 SCt 1740 (2011)
Activities
  • Participate in Lesson 04 Reactions to Readings and Interviews Discussion
Lesson 5: Arbitration, Public Sector Dispute Resolution
Readings
  • Text: Chapter 10 (10:01-10:08)
  • 2nd interview with Margaret Brogan, Esq. (audio or text option)
  • Commentary: Public Sector (audio or text option)
  • View three power point presentations from FMCS:
    • What is Mediation
    • Principles of Mediation
    • Role of the Mediator
Activities
  • Complete the Written Assignment: Essay
  • Participate in Lesson 05 Reactions to Readings and Interviews Discussion
Lesson 6: Mediation, Part I
Readings
  • FMCS Commissioners – Mediation Basics (audio or text option)
  • FMCS Commissioners – Role of Mediator (audio or text option)
Activities
  • Complete the Written Assignment: Essay
Lesson 7: Mediation, Part II, Arbitration
Readings
  • FMCS Commissioners - Techniques (audio or text option)
  • Commentary: ADR Overview (audio or text option)
  • Text: Chapter 4 (4:01-4:08); Chapter 5 (5:01-5:06); Chapter 6 (6:01-6:19)
  • View PSU Labor Arbitration Film
Activities
  • Participate in Lesson 07 Reactions to Readings and Film Discussion
  • Complete the Written Assignment: Essay
Lesson 8: Hearing Preparation and Procedure
Readings
  • Commentary: Arbitration Hearing Prep and Procedure (audio or text option)
  • Review mock arbitration case scenarios
Activities
  • Complete the Mid-Course Survey
  • Participate in Lesson 08 Reactions to Readings Discussion
Lesson 9: Common Issues in Arbitration I  (Arbitrability, Bifurcation)
Readings
  • Commentary: Arbitrability and Bifurcation (audio or text option)
  • Text: Chapter 7 (7:01-7:09); Chapter 8 (8:01-8:10)
  • Online: "Arbitral Discretion: The Tests of Just Cause" (Dunsford) at http://naarb.org/proceedings/pdfs/1989-23.PDF
Activities
  • Participate in Lesson 09 Reactions to Readings Discussion
  • Complete the Mid-term Exam: Weeks 1-9
Lesson 10: Common Issues in Arbitration II (Contract Interpretation, Just Cause and Due Process)
Readings
  • Commentary: Contract Interpretation, Just Cause and Due Process (audio or text option)
  • Look ahead and read the mock arbitration case assignment
Activities
  • Submit written summary of issues presented by mock case
  • If you have not done so, sign into YouSeeU
  • Mock Arbitration Instructions
Lesson 11: Settlement, Enforcement, and Remedies
Readings
  • Commentary: Settlement, Enforcement and Remedies (audio or text option)
  • Commentary: Opening Statements (audio or text option)
  • Re-watch PSU Labor Film segment on opening statements
  • Read Online: "Should Labor Arbitrators Receive Evidence 'For What It's Worth?" (Roberts et al.) at http://naarb.org/proceedings/pdfs/1998-89.PDF
Activities
  • Record and submit opening statement through YouSeeU. Upload a transcipt of your statement.
  • Complete the Written Assignment: Essay
Lesson 12: Evidence and Witnesses
Readings
  • Commentary: Evidence (audio or text option)
  • Commentary: Witness examination (audio or text option)
  • Re-watch PSU Labor Arbitration Film witness segments
Activities
  • Submit a witness examination and cross-examination plan according to the assignment
Lesson 13: Closing Arguments  
Readings
  • Commentary: Closing Argument (audio or text option)
  • Re-watch PSU Labor Arbitration Film segment with closing arguments
  • Online: sample arbitration decisions
    • Ellis Coffee IBT 500 Layoff
    • Hahnemann 1199C Saunders Termination
    • Scranton FF Clay Discharge
Activities
  • Prepare and submit written post-hearing brief (written version of closing argument)
  • Prepare and submit video or audio recording of closing argument
  • Participate in Lesson 13 Reactions to Readings Discussion
Lesson 14: Arbitration Decisions  
Readings
  • Commentary: Arbitration Decisions (audio or text option)
Activities
  • Prepare and submit written arbitration decision
Lesson 15: Final Critique, Wrap Up  
Readings
  • None
Activities
  • Final critique of mock arbitration assignments
  • Participate in Lesson 15 Wrap Up Discussion

Note: If you are planning to graduate this semester, please communicate your intent to graduate to your instructor. This will alert your instructor to the need to submit your final grade in time to meet the published graduation deadlines. For more information about graduation policies and deadlines, please go to the Graduation Information on the My Penn State Online Student Portal.

Formal instruction will end on the last day of class. Provided that you have an active Penn State Access Account user ID and password, you will continue to be able to access the course materials for one year, starting from the end date of the academic semester in which the course was offered (with the exception of library reserves and other external resources that may have a shorter archival period). After one year, you might be able to access the course based on the policies of the program or department offering the course material, up to a maximum of three years from the end date of the academic semester in which the course was offered. For more information, please review the University Course Archival Policy.

 

Grading

Grades in this course are calculated based on the following:

Mid-Term Exam – 20% of total grade

6 Written Assignments @ 25 points each and 50 points for class participation – 20% of total grade

Opening Statement – 20% of total grade

Witness Examination – 10% of total grade

Closing Argument – 20% of total grade

Arbitration Decision – 10% of total grade

The final grade will be based on total points earned with a maximum of 1000 points. By assignment, the maximum point totals break down as follows:

Activity
Points
Activity Point Values

Mid-Term Exam

200

6 Written Assignments/ Class Participation 200
Opening Statement 200
Witness Examination 100
Closing Argument 200
Arbitration Decision 100
Total 1000

Accordingly and for example, a student receiving 83% on his/her arbitration decision will earn 83 points. Final grades will be computed as follows:

Points
Grade
Grading Table
1,000 - 930 A (100% - 93%)
929 - 900 A- (92.9% - 90%)
899 - 880 B+ (89.9% - 87%)
879 - 820 B (86.9% - 83%)
819 - 800 B- (82.9% - 80%)
799 - 780 C+ (79.9% - 77%)
779 - 700 C (76.9% - 70%)
699 - 600 D (69.9% - 60%)
599 - 0 F (59.9 % - 0%)

 

The World Campus follows the same grading system as the Penn State resident program. The grades of A, B, C, D, and F indicate the following qualities of academic performance:

A = (Excellent) Indicates exceptional achievement
B = (Good) Indicates extensive achievement
C = (Satisfactory) Indicates acceptable achievement
D = (Poor) Indicates only minimal achievement
F = (Failure) Indicates inadequate achievement necessitating a repetition of the course in order to secure credit

Please refer to the University Grading Policy for Graduate Courses for additional information about University grading policies.  

Academic Integrity

According to Penn State policy G-9: Academic Integrity , an academic integrity violation is “an intentional, unintentional, or attempted violation of course or assessment policies to gain an academic advantage or to advantage or disadvantage another student academically.” Unless your instructor tells you otherwise, you must complete all course work entirely on your own, using only sources that have been permitted by your instructor, and you may not assist other students with papers, quizzes, exams, or other assessments. If your instructor allows you to use ideas, images, or word phrases created by another person (e.g., from Course Hero or Chegg) or by generative technology, such as ChatGPT, you must identify their source. You may not submit false or fabricated information, use the same academic work for credit in multiple courses, or share instructional content. Students with questions about academic integrity should ask their instructor before submitting work.

Students facing allegations of academic misconduct may not drop/withdraw from the affected course unless they are cleared of wrongdoing (see G-9: Academic Integrity ). Attempted drops will be prevented or reversed, and students will be expected to complete course work and meet course deadlines. Students who are found responsible for academic integrity violations face academic outcomes, which can be severe, and put themselves at jeopardy for other outcomes which may include ineligibility for Dean’s List, pass/fail elections, and grade forgiveness. Students may also face consequences from their home/major program and/or The Schreyer Honors College.

How Academic Integrity Violations Are Handled
World Campus students are expected to act with civility and personal integrity; respect other students' dignity, rights, and property; and help create and maintain an environment in which all can succeed through the fruits of their own efforts. An environment of academic integrity is requisite to respect for oneself and others, as well as a civil community.

In cases where academic integrity is questioned, the Policy on Academic Integrity indicates that procedure requires an instructor to inform the student of the allegation. Procedures allow a student to accept or contest a charge. If a student chooses to contest a charge, the case will then be managed by the respective college or campus Academic Integrity Committee. If that committee recommends an administrative sanction (Formal Warning, Conduct Probation, Suspension, Expulsion), the claim will be referred to the Office of Student Accountability and Conflict Response.

All Penn State colleges abide by this Penn State policy, but review procedures may vary by college when academic dishonesty is suspected. Information about Penn State's academic integrity policy and college review procedures is included in the information that students receive upon enrolling in a course. To obtain that information in advance of enrolling in a course, please contact us by going to the Contacts & Help page .


Accommodating Disabilities

Penn State welcomes students with disabilities into the University's educational programs. Every Penn State campus has resources for students with disabilities. The Student Disability Resources (SDR) website provides contacts for disability services at every Penn State campus. For further information, please visit the SDR website.

In order to apply for reasonable accommodations, you must contact the appropriate disability resources office at the campus where you are officially enrolled, participate in an intake interview, and provide documentation based on the documentation guidelines. If the documentation supports your request for reasonable accommodations, your campus's disability resources office will provide you with an accommodation letter. Please share this letter with your instructors and discuss the accommodations with them as early in your courses as possible. You must follow this process for every semester that you request accommodations.


Additional Policies

For information about additional policies regarding Penn State Access Accounts; credit by examination; course tuition, fees, and refund schedules; and drops and withdrawals, please see the World Campus Student Center website.

If you have a crisis or safety concern, mental health services are available to you as a Penn State student. Crisis and emergency contacts are available, no matter where you are located:


Disclaimer: Please note that the specifics of this Course Syllabus are subject to change, and you will be responsible for abiding by any such changes. Your instructor will notify you of any changes.



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